Acts and resolutions of the General Assembly of the state of Georgia 1905 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA, GA: GEO. W. HARRISON 19050000 English

Page 1

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1905 19050000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA, GA. The Franklin Printing and Publishing Company GEO. W. HARRISON, MANAGER.

Page 3

TABLE OF TITLES. PART IPUBLIC LAWS. TITLE I.APPROPRIATIONS. TITLE II.TAXES TITLE III.NEW COUNTIES. TITLE IV.AMENDMENT TO CONSTITUTION. TITLE V.CODE AMENDMENTS. TITLE VI.SUPERIOR COURTS. TITLE VII.MISCELLANEOUS. PART IILOCAL LAWS. TITLE I.CITY AND COUNTY COURTS. TITLE II.SCHOOLS. TITLE III.MISCELLANEOUS. PART IIICORPORATIONS. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.BANKING CORPORATIONS. PART IVRESOLUTIONS.

Page 5

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1905. Part IPublic Laws. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.NEW COUNTIES. TITLE IV.AMENDMENT TO CONSTITUTION. TITLE V.CODE AMENDMENTS. TITLE VI.SUPERIOR COURTS. TITLE VII.MISCELLANEOUS.

Page 7

TITLE I. APPROPRIATIONS. ACTS. For support of the Government for the years 1906 and 1907. For waterworks and electric plant at State Sanitarium. For the Georgia Normal and Industrial College. For increase of salaries of Governor and other officers. FOR SUPPORT OF THE GOVERNMENT FOR THE YEARS 1906 AND 1907. No. 352. An Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government; for the payment of the public debt and the interest thereon; for the support of the public institutions and the educational interests of the State for each of the fiscal years 1906 and 1907, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

Page 8

State of Georgia, That the following sums of money be, and the same are, hereby appropriated on account of the executive department of the government for each of the fiscal years 1906 and 1907, to the persons and for the purposes respectively hereinafter mentioned and set forth, to wit: Appropriations for executive department for years 1906-7. For the salary of the Governor of the State, five thousand dollars. For the salary of the Secretary of State, two thousand dollars. For the salary of the State Treasurer, two thousand dollars. For the salary of the Comptroller-General, two thousand dollars. For the salary of the Attorney-General, two thousand dollars. For the salaries of the Prison Commissioners, each, two thousand dollars. For the salaries of the Railroad Commissioners, each, twenty-five hundred dollars. For the salary of the clerk of the Railroad Commission, twelve hundred dollars. For the salary of the State School Commissioner, two thousand dollars. For the salary of the Pension Commissioner, two thousand dollars. For the salary of the State Librarian, eighteen hundred dollars. For the salary of the Assistant State Librarian, twelve hundred dollars. For the salary of the resident physician of the State Sanitarium, twenty-five hundred dollars, to be paid out of the money appropriated for the support of the State Sanitarium. For salaries of the secretaries and clerks of the Executive Department, six thousand dollars. For salary of the clerk of the Secretary of State, one thousand dollars. For salary of the clerk of the State Treasurer, sixteen hundred dollars. For salary of the State Bank Examiner, twelve hundred dollars. For the salary of the Commissioner of Agriculture, two thousand dollars. For the salary of the clerk of the Commissioner of Agriculture, twelve hundred dollars. For salaries of the clerks of the Comptroller-General's office, including the insurance clerk and the clerk in wild-land office, four thousand dollars.

Page 9

For the salary of the stenographer to the Bank Examiner, twelve hundred dollars. For the salary of the clerk of the Attorney-General, twelve hundred dollars. For the salary of the Chief Oil Inspector, twelve hundred dollars. For the salary of the clerk of the Prison Commission, twelve hundred dollars. For the clerical help in the Pension Department, eighteen hundred dollars. For the salary of the clerk to State School Commissioner, twelve hundred dollars. SEC. 2. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated on account of the judicial department of the government for the fiscal years 1906 and 1907, and for other purposes hereinafter mentioned and set forth, to wit: For the judicial department. For the salaries of the judges of the Supreme Court, commissioned since August 15, 1904, each, four thousand dollars. For the salaries of the judges of the Supreme Court, commissioned prior to August 15, 1904, each, three thousand dollars. For the salaries of the judges of the superior courts, commissioned since August 15, 1904, each, three thousand dollars. For the salaries of the judges of the superior courts, commissioned prior to August 15, 1904, each, two thousand dollars. For the salaries of the solicitors-general, each, two hundred and fifty dollars. For the salaries of the Supreme Court reporters, each, two thousand dollars. For the salaries of the Supreme Court stenographers, each, fifteen hundred dollars. For the salary of the sheriff of the Supreme Court, one thousand dollars. SEC. 3. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the legislative department of the State government for each of the fiscal years 1906 and 1907, to the persons and for the purposes hereinafter mentioned and set forth, to wit: For the legislative department. For compensation of the President of the Senate and the Speaker of the House of Representatives, the sum of seven dollars per diem, each, during the session of the General Assembly,

Page 10

and mileage at the rate of ten cents per mile, by the nearest practicable route, in going to and returning from the capital. For compensation of the members of the General Assembly, four dollars per diem, each, and mileage at the rate of ten cents per mile by the nearest practicable route in going to and returning from the capital. For compensation of the Secretary of the Senate, the sum of sixty dollars per diem, out of which he will pay the entire clerical expenses of the Senate, as provided by the Act of October 8, 1879. For compensation of the Clerk of the House of Representatives, the sum of seventy dollars per diem, out of which he shall pay the entire clerical expenses of the House of Representatives, as provided by the Act of October 8, 1879. For compensation of the doorkeeper of the Senate, and the doorkeeper of the House of Representatives, messenger of the Senate, messenger of the House of Representatives, and postmaster of the House of Representatives, four dollars per diem, each, and the same mileage as allowed the members of the General Assembly. For compensation of one gallerykeeper of the Senate and one for the House of Representatives, four dollars per diem, each. For compensation of two extra gallerykeepers of the Senate and one additional assistant doorkeeper for the Senate for the session of 1905, authorized by resolution of the Senate, the sum of four dollars per diem each; this appropriation to be immediately available. For an assistant doorkeeper to the messenger, to be appointed by the messenger, four dollars per diem for year 1906. For compensation of two assistant doorkeepers of the Senate and three assistant doorkeepers of the House of Representatives, four dollars per diem, each. For compensation of the chaplain of the Senate and for the chaplain of the House of Representatives, four dollars per diem, each. For compensation of four porters of the Senate and for eight porters of the House of Representatives, two dollars per diem, each. For compensation of the head porter of the Senate and the head porter of the House of Representatives, the sum of three dollars per diem, each. For compensation of five pages for the Senate, to be appointed

Page 11

by the messenger, and for six pages for the House of Representatives, two dollars per diem, each. For compensation of one elevator boy, three dollars per diem. For compensation of one attendant of the Senate and one attendant for the House of Representatives for keeping the water-closets during the session of the General Assembly, two dollars per diem, each. For compensation of the several committeemen of the Senate and of the House of Representatives, visiting the various public institutions of the State, to be paid only upon itemized accounts, showing the actual necessary expenses paid out, in cash, by each committeeman making such visit, and in no case to exceed the actual amount expended. To pay the incidental expenses of the General Assembly, to be paid on itemized accounts, supported by properly receipted vouchers, for the payments made, and presented to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives, seventy-five dollars for the House and fifty dollars for the Senate, or so much of said amounts respectively as may be necessary. To pay the accounts for the purchase of stationery furnished the General Assembly, seven hundred dollars, or so much thereof as may be necessary. For pay for indexing the Journal of the House of Representatives and the Journal of the Senate, each, seventy-five dollars, to be paid to the Journal clerks of the House and Senate respectively upon completion of the work. To pay for compensation of a stenographer not exceeding four hundred dollars, and of a draughtsman not exceeding fifty dollars for services rendered the committee on new counties for the session of 1905, the said amounts to be immediately available, and are to be paid only upon proper vouchers approved by the chairman of the House committee on new counties. SEC. 4. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the public institutions of the State for each of the fiscal years 1906 and 1907, to wit: For public institutions. For the support and maintenance of the Academy for the Blind and for the salaries of its officers, $18,000, or so much thereof as may be necessary. The Governor shall require of the Superintendent of the Academy an itemized monthly statement of all expenditures, which statement shall be submitted to the Board of Trustees and approved by them. Academy for the Blind.

Page 12

For the support and maintenance of the Georgia School for the Deaf and for the pay of its officers and attaches, $33,000, or so much thereof as may be necessary; provided, that the sum of $350 of said amount shall be used in the construction of an iron bridge over Little Cedar creek, said bridge to cost not less than $700, the village of Cave Spring to pay the remaining $350, and the Governor shall require of the Superintendent an itemized statement monthly of all expenditures, receipts and income, which statement shall be submitted to and approved by a quorum of the executive committee of the board of trustees. School for the Deaf. For the support and maintenance of the Georgia State Sanitarium, for the year 1906, $360,000, and for the year 1907, $370,000, or so much thereof as may be necessary, to be expended only when directed by the board of trustees. And the Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of the said State Sanitarium. And the Governor shall require the Superintendent and resident physician to make an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the board of trustees. The ordinary repairs of the buildings and the property of the Sanitarium shall be paid for, from this appropriation, at such times and in such amounts as may be approved by the board of trustees in regular session. State Sanitarium, For the State University at Athens the sum of $8,000, annual obligation under the Act approved November 26, 1890. State University. For the State University for the support and maintenance of the same, $22,500, to be expended under direction of the board of trustees. For the University of Georgia, to be used for furnishing the Peabody Library, the sum of $5,000, for the year 1906 only. For the State University of Georgia for the payment of the interest on what is known as the Landscrip Fund, $6,314.14. For the State University, to be expended by and through the direction of the board of trustees thereof, for the organization and conducting farmers' institutes in this State, the sum of $2,500, for each of the years 1906 and 1907. Farmers' institutes. For the State University, for the support and maintenance of the School of Technology, the sum of $45,000. The report required of the chairman of the local board to be made to the Governor shall be submitted to the General Assembly at the opening of the session thereof. Before the appropriation herein made is available, it shall be the duty of the local board of trustees to establish a rule allowing free tuition to only fifteen students from

Page 13

any one county in the State, and fixing the tuition to be paid by those in excess of this number from the county. School of Technology. For the University of Georgia, for the support and maintenance of the Georgia Normal and Industrial College at Milledgeville ($25,000) twenty-five thousand dollars. The chairman of the board of trustees shall report annually to the General Assembly the number of pay pupils, tuition charged, and an itemized statement of all receipts and expenditures. Normal and industrial [Illegible Text]. For the University of Georgia, for the support and maintenance of the North Georgia Agricultural College at Dahlonega (a branch of the University), $16,500; provided, that under no pretext whatever, whether as tuition, matriculation fee, incidental expenses or otherwise, shall such college charge exceeding ten dollars per year or five dollars per term for each pupil; provided further, that any charge made in excess of said sums shall work forfeiture of this appropriation. And the chairman of the board of trustees shall report annually to the General Assembly the number of students, teachers, salaries paid teachers, from whom and how much is collected in tuition fees, and an itemized statement of all receipts and expenditures. North Georgia Agricultural College. For the State University, for the support of the State Normal School at Athens, for training and instructing teachers, the sum of $25,000; provided, the chairman of the board of trustees shall report annually to the General Assembly the names and number of persons attending said institution, from whom and how much is collected in tuition fees, the names and the number of teachers, the salaries paid each, and an itemized statement of all receipts and expenditures. Normal school. For the University of Georgia, for the support of the school for colored people, under the Act approved November 26, 1890, the sum of $8,000. School for colored people. For the support and maintenance of the Soldiers' Home of Georgia, under the Act approved December 19, 1900, the sum of $17,500. Soldiers' Home. For the support of the common schools, the sum of $1,000,000, in addition to the school fund derived from sources otherwise provided by existing law. Common schools. SEC. 5. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated to pay the recognized valid debt of the State, as follows: For payment of debt. One hundred thousand dollars on bonds maturing January 1, 1906, and one hundred thousand dollars on bonds maturing January 1, 1907, to be paid out of the sinking fund.

Page 14

To pay the interest maturing in 1906, the sum of three hundred and seven thousand eight hundred and eighty dollars. To pay the interest maturing in 1907, the sum of three hundred and three thousand three hundred and eight dollars. SEC. 6. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for the following miscellaneous purposes, necessary for the support of the State government, for each of the fiscal years 1906 and 1907, to wit: For the Department of Agriculture, the sum of ten thousand dollars, as provided by section 1794 of the Code of 1895, the same to be paid out of the fund arising from fees for inspecting fertilizers, as provided by section 1384 of the Code of 1895. Department of agriculture. For the salary of the chemist of the Agricultural Department, three thousand dollars, as provided by section 1557 of the Code of 1895, and for the salaries of the two assistant chemists, as provided by the Act of 1891, the sum of one thousand dollars each. Said salaries of the chemist and his two assistants shall be paid out of the fees arising from the inspection of fertilizers. Salaries of chemists. For replenishing chemicals and apparatus used by the State Chemist and his assistants, a sum not to exceed one thousand dollars; to be paid from the fees arising from the inspection of fertilizers. For chemicals. For the salary of the State Entomologist, fifteen hundred dollars. For the employment of an Assistant Entomologist (whose compensation shall be fixed by the State Board of Entomology), and for the payment of the traveling expenses, equipment and maintenance of laboratory, publication of bulletins and other reports, and for defraying all other expenses in carrying out the provisions of the Act creating and establishing the Department of Horticulture and Pomology, approved December 21, 1900, and the Acts amendatory thereof, the further sum of ten thousand dollars for the year 1907. The salary of the State Entomologist and the expenses of said Department of Horticulture and Pomology, including salary of the Assistant Entomologist, shall be paid from the net fees arising from the inspection of oils, as provided by said Acts. Entomologist, assistant, etc. For the contingent fund, the sum of ten thousand dollars, or so much thereof as may be necessary. Contingent fund. For the payment of actual necessary expenses of the board of directors of the Georgia Experiment Station, to be paid upon

Page 15

presentation to the Governor of properly certified vouchers, the sum of eight hundred dollars, or so much as may be necessary. Experiment Station. For the State Board of Pharmacy, to enable said board to analyze and prevent the sale of adulterated drugs and medicines, under section 1500 of the Code of 1895, two hundred dollars, or so much thereof as may be necessary. Said board, through its president, shall make report to the Governor, showing how the amount hereby appropriated is expended. Board of Pharmacy. For the contingent fund of the Railroad Commission, for payment of the incidental expenses of the department, for the hire of a stenographer and a porter, the sum of eight hundred dollars, or so much thereof as may be necessary. Contingent expenses R. R. Commission. For the contingent fund of the Supreme Court, in payment for necessary printing, stationery, record-books, binding the opinions of the court, hiring a porter, etc., the sum of twelve hundred dollars, or so much thereof as may be necessary. Contingent expenses Supreme Court. For the printing fund, the sum of twenty-five thousand dollars, or so much thereof as may be necessary. Printing fund. For the printing fund of the Railroad Commission, one thousand dollars, or so much thereof as may be necessary to pay for such printing and advertising as the Commission may deem necessary as required by law. Printing of R. R. Commission. For ordinary repairs of the public buildings, to purchase coal, wood, light and furniture for the executive mansion and the various departments of the State government, to pay the hire of engineer, guards, watchmen, servants at the mansion, and such porters for the various departments as the Governor may employ, and for the general expenses incident to the keeping in proper condition the public buildings and grounds, and to hire such other laborers as may be necessary, the sum, for each of the years 1906 and 1907, $21,000, and for additional digest cases and rolling shelving for the record-room of the Comptroller-General's department, the sum of seven hundred and fifty dollars, this sum to be available immediately. Repairs of buildings, etc. Out of this appropriation the sum of fifteen hundred dollars shall be paid to the keeper of public buildings and grounds for his salary for each of the years 1906 and 1907; provided, there shall be an itemized account of the various matters upon which these payments are made, presented to the Governor before he issues his warrant therefor. Keeper of public buildings. For the State Library, for purchase and installation of additional stacks and cases and equipment, to be purchased under the direction of the Governor, the sum of three thousand dollars,

Page 16

or so much thereof as may be necessary, for each of the years 1906 and 1907. State library. For the State Library, for the purchase of books, etc., and for such articles and supplies as may be needed by the Supreme Court in conduct of its business, for which provision is not made elsewhere, three thousand dollars, or so much thereof as may be necessary, to be expended as the judges of the Supreme Court may direct. Books, etc. for Supreme Court. For printing new volumes of the Supreme Court reports, seven thousand dollars, or so much thereof as may be necessary. Supreme Court reports. For reprinting the earlier Georgia Reports, where the copyrights on same have expired, and for compiling and publishing, under 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 and publishing, to be paid for only out of money received into the Treasury during the years 1906 and 1907 from the sales of Georgia Reports and from the sales of such Colonial, Revolutionary and Confederate records, so published, and from the sale of Codes and Acts; provided, however, that the expenses incurred in annotating the Georgia Reports shall only be paid out of the money received by the State from the sale of those Reports which have been annotated and actually sold; and there is hereby appropriated out of the general fund in the Treasury the sum of two thousand dollars to pay for publishing additional volumes of the Colonial Records now ready for publication. To pay for transcripts of Georgia records in the British Public Records Office not already secured by the compiler of Colonial, Revolutionary and Confederate records, one thousand dollars, or so much thereof as may be necessary to be paid out of any money in the Treasury not otherwise appropriated. Earlier Georgia reports and Colonial records. For binding the Journals of the Senate and House of Representatives, as provided by the Act of 1889, the sum of five hundred and fifty dollars, or so much thereof as may be necessary. Journals of House and Senate. To pay the salaries of the trustees of the Georgia State Sanitarium, the sum of one hundred and fifty dollars each, and actual railroad expenses in going to and returning from the Sanitarium, as provided by the Act of 1889, to be paid out of the appropriation herein contained for the support and maintenance of the State Sanitarium. Trustees of Sanitarium. To pay the trustees of the State University, as provided by the Act of 1889, the sum of four dollars per diem each for expenses at the meetings of the board of trustees and actual railroad

Page 17

fare to and from the place of meeting, to be paid out of the appropriation herein contained for the support and maintenance of the State University proper. Trustees of University. To pay pensions to the maimed and disabled Confederate soldiers, as provided by law, the sum of one hundred and sixty-five thousand dollars, or so much thereof as may be necessary. Pensions. To pay the pensions of aged and indigent Confederate soldiers, as provided by the Act of 1894, the sum of four hundred and forty thousand dollars, or so much thereof as may be necessary. Pensions. To pay the pensions to the widows of such Confederate soldiers as may have died in the service, or since, from wounds received therein, or diseases contracted in the service of the Confederate States, one hundred and fifty-five thousand dollars, or so much as may be necessary. Pensions. To pay the pensions of widows of ex-Confederate soldiers who are indigent and by reason of age and poverty, infirmity and poverty, or blindness and poverty, are unable to provide for themselves, one hundred and thirty thousand dollars, or so much thereof as may be necessary, as provided by the Act approved December 19, 1900. Pensions. To pay the fees of solicitors-general in the criminal cases before the Supreme Court such amounts as may be due them under the fee bill as provided by law. Fees of Solicitors-General. To pay the clerk of the Supreme Court his salary, if the costs in the Supreme Court do not amount to the sum allowed by law for compensation of said clerk, an amount equal to the difference between the actual amount due the said clerk and said costs, as provided by section 5574 of the Code of 1895. Clerk Supreme Court. For the Geological Department, ten thousand dollars for the fiscal years 1906 and 1907, as provided by Act of 1889; provided further, that the State Geologist shall require the acting chemist of the department to assay any ores and analyze any specimens of clay, kaolin and cements that may be sent in by any citizen of this State, with a view to ascertain the commercial value of such ore, clay, kaolin and cement. The Geologist shall furnish such citizen a certificate giving the result of such assay or analysis. Geological department. For the printing fund of the Geological Department, twenty-five hundred dollars, or so much thereof as may be necessary. Printing. For the maintenance of the Prison Department, the sum of one hundred and thirty-five thousand dollars, or so much thereof as may be necessary, to be paid from the fund arising from the hire of convicts. This amount shall be for the support of the

Page 18

Prison Commission, including the prison farm, and that the proceeds of the sale of the products of said farm shall be turned into the State Treasury, and shall be devoted to the common school fund. Prison department. For the reward fund, for the payment of rewards earned for the arrest of fugitives from justice, after executive proclamations offering such rewards, three thousand dollars, or so much thereof as may be necessary. Reward fund. For the payment of cattle inspectors, appointed by the Commissioner of Agriculture, for the purpose of inspecting cattle and locating and quarantining such as may be infected with the distemper, or other infectious diseases, as provided by the Act of December 20, 1889, the sum of five hundred dollars, or so much thereof as may be necessary, to be paid out of the fund arising from the inspection of fertilizers. Cattle inspectors. For the military fund, for necessary expenses in maintaining the military forces of the State of Georgia for each of the fiscal years 1906 and 1907, the sum of forty-eight thousand dollars, the said sum, or so much thereof as may be necessary, to be expended for the purpose of organizing, arming, equipping, clothing, drilling and training the Georgia State troops; for paying said troops when in actual service; for encampments for said troops; for the payment of armory rents and the administration of the military department of the State, including necessary clerical assistance, under the direction of the Governor. Military fund For salary secretary Board of Health, $2,000. Board of health. For salary of clerk and stenographer, $1,000. For traveling expenses and per diem of the members of the Board of Health, laboratory, bacteriological, yellow fever work, vaccine points and other contingencies, $4,500; the traveling expenses above mentioned not to exceed $1,000, and to be paid only on an itemized account to be approved by the chairman of the Board of Health. Said Board, through its president, shall make an itemized report to the Governor showing how the amount hereby appropriated is expended. SEC. 7. Be it further enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned, when said appropriations are to be paid to persons or for particular objects, the same shall be paid from the funds arising from the sources now provided by law. SEC. 8. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act for the salaries of the various State-house officers and clerical expenses of the various departments shall be held and considered in full payment

Page 19

thereof, and such amounts shall not be increased directly or indirectly, by payments of additional sums from the contingent, or any other funds, to such officers, their clerks, or any other person, by way of extra compensation, or for extra service, or for extra assistance rendered to such officers in any department of said government, and should extra service or assistance become necessary to said officers in said departments, the same shall be paid for out of the amounts respectively appropriated by this Act for salaries of the various State-house officers and for the clerical expenses of said officers. Nor shall any money be paid from any fund, to any officer or person, as a salary or otherwise, unless the same is authorized by law, audited by the Comptroller-General, and the money duly appropriated therefor. Extras. 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 23, 1905. FOR WATERWORKS AND ELECTRIC PLANT AT STATE SANITARIUM. No. 94. An Act to appropriate money to the State Sanitarium for the purpose of erecting and constructing a system of waterworks and an electric lighting plant for the State Sanitarium, to locate the site of said waterworks and electric lighting plant, and to authorize the trustees thereof to purchase or to condemn land and rights of way for objects therein set forth. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the sum of seventy-five thousand dollars, or so much thereof as may be necessary, be, and same is, hereby appropriated for the purpose of erecting and constructing a system of waterworks and an electric lighting plant for the State Sanitarium. State sanitarium, waterworks and electric lights for. SEC. 2. That the pumping station of the said waterworks shall be located on or near the right bank of the Oconee river far enough above the city of Milledgeville to avoid pollution of the water by the sewerage and surface draining of said city; and the pumps and other appliances shall be of sufficient capacity to furnish

Page 20

to said Sanitarium not less than five hundred thousand gallons of clear filtered water per day of twelve hours. Location of waterworks. SEC. 3. That the trustees of the Sanitarium are hereby authorized to purchase sufficient land on said river for the erection of said waterworks and electric light plant, and to purchase rights of way and easements over other lands for laying water mains and pipes, and for the erection of wires, poles and other appliances for both the plants; and in case the owners of land needed for such purposes refuse to sell the same at fair and reasonable prices, the said trustees are hereby authorized to condemn the same for purposes aforesaid, in the manner prescribed in the Code of Georgia, sections 4657 to 4686, inclusive. Purchase or condemnation of land for. SEC. 4. That the construction of said system of waterworks and electric light plant shall be let on contract to the lowest bidder who shall give approved bond and security for the faithful performance and completion of the work according to the plans and specifications that may have been determined on. Contracts for construction. SEC. 5. That the money herein appropriated, or so much thereof as may be necessary, shall be paid out from time to time, as the same may be needed, on warrants of the Governor, based on requisitions of the executive committee of the board of trustees of the Sanitarium, approved by the superintendent thereof. Payments for, how made. 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 23, 1905. FOR THE GEORGIA NORMAL AND INDUSTRIAL COLLEGE. No. 211. An Act to appropriate the sum of $25,000, or so much thereof as may be necessary, for the purpose of building and equipping a new college building upon the campus and adjacent to the one already established of the Georgia Normal and Industrial College, located at Milledgeville, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

Page 21

State of Georgia, and it is enacted by the authority of the same, That the sum of $25,000, or so much thereof as may be necessary, shall be, and is, hereby appropriated for the purpose of building and equipping with apparatus, fixtures and furniture a new college building to be known as Chappel Hall and located adjacent to the college building and upon the campus of the Georgia Normal and Industrial College at Milledgeville, Ga. Normal and Industrial college, new hall for. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the board of directors of the said Georgia Normal and Industrial College are authorized and empowered to make requisition upon the Governor of said State for the said $25,000, or any part thereof, from time to time, and the said Governor is authorized and directed to draw his warrant upon the State Treasurer for the amount of said requisition or requisitions so made by the board of directors, and the Treasurer is directed to pay the same out of any such funds in the treasury available for that purpose. Payments for, how made. SEC. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. FOR INCREASE OF SALARIES OF GOVERNOR AND OTHER OFFICERS. No. 19. An Act to make appropriations for the payment of the increase of compensation due the Governor, under an Act approved the 16th day of August, 1904, the Justices of the Supreme Court and the judges of the superior court, under an Act approved the 15th day of August, 1904, and the stenographer of the Attorney-General, under an Act approved the 12th day of August, 1904, and for other purposes. SECTION 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That the following sums of money be, and they are hereby, appropriated to the persons and for the purposes, respectively, hereinafter designated and set forth. For increase of salary of the Governor, from the first day of July, 1905, to the first day of January, 1906,

Page 22

one thousand dollars; for the increase of salary of four of the Justices of the Supreme Court, from January 1st, 1905, to January 1st, 1906, one thousand dollars each; for the increase of salary of judges of the superior court commissioned January 1st, 1905, or subsequent thereto, from January first, 1905, to January 1st, 1906, one thousand dollars each, or such amounts as may be due to each; for increase of salary of Beverly D. Evans and Joseph R. Lamar, Justices of the Supreme Court, from October 17th, 1904, to January first, 1905, $206.10 each; for increase of salary of Henry C. Hammond, judge of the superior court, from November 20th, 1904, to January first, 1905, $101.10; for increase of salary of Louis R. Waddy, stenographer of the Attorney-General, from August 12th, 1904, to January first, 1906, $425.00. The respective amounts herein appropriated are in addition to such sums as the officers hereinbefore referred to were entitled to prior to the passage of the Acts above referred to increasing the compensation of such officers. To pay increase of salaries under Act of 1904. SEC. 2. Be it further enacted by the authority aforesaid, That the amounts herein appropriated shall be paid out of funds arising from the sources now provided by law, or out of any other money not otherwise appropriated. SEC. 3. Be it further enacted by the authority aforesaid, That the amount due under this Act to any judge who has departed this life shall be paid to his legal representative. SEC. 4. Be it further enacted by the authority aforesaid, That all other laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 19, 1905.

Page 23

TITLE II. TAXES. ACTS. General Tax Act for the Years 1906 and 1907. Tax for Payment of State Bonds. GENERAL TAX ACT FOR THE YEARS 1906 AND 1907. No. 401. An Act to levy and collect a tax for the support of the State government and the public institutions for educational purposes in instructing children in the elementary branches of an English education only, to pay the interest on the public debt, and to pay maimed Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law, for the fiscal years 1906 and 1907; to prescribe what persons, professions and property are liable to taxation; to prescribe the methods of collection and receiving said taxes; to prescribe the methods of ascertaining the property of the State subject to taxation; to prescribe additional questions to be propounded to taxpayers, and to provide penalties for violations thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Governor be authorized and empowered, with the assistance of the Comptroller-General, to assess and levy a tax on the taxable property of this State for the fiscal years 1906 and 1907 of three and eight one-hundredths (38-100) mills, and the Governor be, and is hereby, authorized and empowered, by and with the assistance of the Comptroller-General, to assess and levy, in addition to the foregoing general State tax,

Page 24

a tax of one and seventy one-hundredths (1 70-100) mills, for the years 1906 and 1907, on all of the taxable property in this State, for the purpose of raising the funds necessary to meet the appropriations of this General Assembly for educational purposes in instructing children in the elementary branches of an English education only. General tax and tax for educational purposes. SEC. 2. Be it further enacted by authority aforesaid, That in addition to the ad valorem tax on real estate and personal property, as required by the Constitution and provided for in the preceding section, the following specific taxes shall be levied and collected for each of said fiscal years: First. Upon each and every male inhabitant of the State between the ages of twenty-one and sixty years, on the days fixed for the return of property for taxation, a poll tax of one dollar, which shall be for educational purposes in instructing children in the elementary branches of an English education only: Provided this tax shall not be demanded of blind persons, nor of crippled, maimed or disabled Confederate soldiers relieved of such taxes under and by authority of section 766, volume I of the Code of 1895. Poll tax. Second. Upon every practitioner of law, medicine, dentistry, upon every veterinary surgeon, architect, charging for their services as such; upon every civil, mechanical and electrical engineer, and upon the presidents of each express, telegraph, steamboat, railroad, street railroad, telephone, electric light, sleeping and palace car companies, building and loan associations, and gas companies doing business in this State; and in case the presidents of such companies do not reside in this State, then, in such case, upon the superintendent or general agent or person in charge of the business of such companies who may reside in this State, ten dollars, provided this professional tax shall not be required of physicians or surgeons regularly commissioned by the Confederate States and honorably discharged from service, and no municipal corporation or county authorities shall levy an additional tax on said professions, either as a license fee or otherwise; provided that no professional tax or license shall be required of any Confederate veteran whose name is on the indigent or invalid pension roll of this State. Professional taxes. Third. Upon every daguerreman, ambrotype, photographic, or any agent taking or soliciting orders for the enlargement of photographs or pictures and similar articles, ten dollars; and this tax shall be required of them only in one county; provided this Act shall not authorize any traveling photographer to do business

Page 25

in any incorporated town or city, or within ten miles of the limits thereof where there is located a permanent photographer. Photographers, etc. Fourth. Upon each agent or firm negotiating loans and charging therefor, ten dollars in each county in which they may carry on business. Loan agents. Fifth. Upon every person carrying on the business of an auctioneer, for pay or compensation, twenty-five dollars for each county in which they may carry on such business; provided this shall not be construed to apply to administrators, executors or criers of bankrupt stocks, or their agents, in towns of population of 2,500 and less. Auctioneers. Sixth. Upon every keeper of a pool, billiard or bagatelle table, kept for public use, whether in a barroom, hotel or other public place, twenty-five dollars for each table; provided that this tax shall not be required of any disabled Confederate soldier, and who shall be entitled only to exemption upon one table, and whose privilege or license shall not be transferable, and said table to be run by such soldier himself; provided this section shall not be construed to authorize the operation of any pool, billiard or bagatelle table in any city or town which prohibits the same by ordinance; provided that before a Confederate soldier shall do business under this paragraph, he shall make proof to the ordinary of the county wherein he intends to carry on his business, by two or more competent witnesses, that he was a worthy Confederate soldier, and he shall further make oath before said ordinary that the property or business is his own, and no part of it belongs to any one else. Upon making such proof and taking such oath, the ordinary shall issue said soldier a license to carry on said business in said county, but said license shall not be available in any other county in this State. Keepers of gaming tables. Seventh. Upon every keeper of any table, stand or place for the performance of any game or play, and upon the keeper of any flying-horses or any other game or play, unless kept for exercise or amusement, not prohibited by law and not kept for gain, directly or indirectly, twenty-five dollars in each county. Keepers of gaming tables. Eighth. Upon every keeper of a tenpin alley, or alley of like character, kept for public play, and upon every keeper of a shooting-gallery and upon every keeper of skating rinks, twenty-five dollars for each place of business. Keepers of tenpin or shooting galleries, or skating rinks. Ninth. Upon every traveling vender of patent or proprietary medicines, special nostrums, jewelry, paper, soap or merchandise of any kind, fifty dollars in each county where they may offer such articles for sale. Venders of proprietary articles.

Page 26

Tenth. Upon every local insurance agent or firm of agents, or insurance broker or firm of brokers, doing business in this State, ten dollars for each county in which they shall solicit business, and upon every agent of a matrimonial, natal or nuptial company, the sum of one hundred dollars each for each county in which they shall do, or offer to do, business. Insurance agents. And upon every traveling or special or general agent of life, fire or accident or other insurance companies doing business in this State, fifty dollars, which said tax must be paid before said agent shall be authorized to act as agents for any of their companies. Said tax shall be paid by said companies to the Comptroller-General, and shall be in addition to the license required of insurance companies by the Act approved October 24, 1887. The receipts of the Comptroller-General for the payment of this tax, together with his certificate, as provided by this Act, approved October 24, 1887, shall constitute the license for said agents to transact business for their companies as designated by said certificates; provided this tax shall not be required of agents of assessment life insurance companies; provided, further, that railroad ticket agents, selling accident insurance tickets, shall not be deemed insurance agents in the sense of this section; provided, further, that this tax shall not be required of agents of industrial life insurance companies, writing what is known as industrial life insurance, premiums of which are payable in weekly installments not exceeding $1.05 per week. Traveling or special insurance agents. Eleventh. Upon each immigrant agent, or employee or employees of such agents, doing business in this State, the sum of five hundred dollars for each county in which such business is conducted. Immigrant agents. Twelfth. Upon every traveling vender using boats for the purpose of selling goods on the rivers or waters within the limits of this State, the sum of fifty dollars in each county where they may sell their wares, and said tax shall be a lien on the boat and its contents without regard to the ownership thereof. Venders using boats. Thirteenth. Upon every itinerant lightning-rod dealer or agent, the sum of fifty dollars for each and every county in which they operate. Lightning-rod dealers. Fourteenth. Upon all shows and exhibitions (except such as histrionic, musical, operatic and elocutionary), including the side-shows accompanying circus companies, fifty dollars in each and every city or town of five thousand inhabitants; forty dollars in every town or city of four thousand and under five thousand inhabitants, and thirty dollars in towns of less than four thousand

Page 27

inhabitants; said tax so collected shall be for educational purposes. Shows and exhibitions. Fifteenth. Upon every circus company, or others, giving as exhibitions beneath or within a canvas enclosure, advertised in print or by parade, in any manner whatsoever as a circus, menagerie, hippodrome, spectacle or show implying a circus, in or near cities or towns of twenty thousand or more inhabitants, five hundred dollars; in or near cities or towns of five thousand inhabitants and not more than twenty thousand, two hundred dollars; in or near cities or towns of four thousand inhabitants and under five thousand inhabitants, one hundred and fifty dollars; and in or near cities or towns of less than four thousand inhabitants, one hundred dollars each day it may exhibit in the State of Georgia; said tax to be for educational purposes. Circus companies, etc. Sixteenth. Upon every dog or horse show, or shows of like character, beneath a tent, canvas or enclosure, charging an admission fee of twenty-five cents or more, fifty dollars, and with an admission fee less than said amount, ten ($10) dollars for each day it may exhibit in the State of Georgia, said tax to be for educational purposes. Dog and horse shows. Seventeenth. Upon all dispensaries operated by county or municipal authorities, to be paid by the authority operating same in addition to an ad valorem tax on the stocks in trade and buildings owned by said dispensaries, which tax is hereby levied; and upon all dealers in spirituous or malt liquors, intoxicating bitters or brandy fruits, or domestic wines, whether dealing in any or all thereof; and upon all manufacturers of spirituous or malt liquors, three hundred dollars for each place of business in each county where the same are manufactured or sold. Dispensaries. Eighteenth. Upon each social or fraternal club in which spirituous, malt or intoxicating liquors are sold or dispensed, three hundred dollars for each place of business, and upon each person, firm or corporation owning or operating a steamboat or boats, and upon each company or corporation owning or operating buffet, dining or palace cars in which spirituous, malt or intoxicating liquors are sold or dispensed, three hundred dollars; provided that the payment of said tax shall not be held to authorize the sale of such liquors in any county or municipality in which said sale is prohibited by law; provided that only a tax of fifty dollars shall be required of distillers of fruit only, and who do not run more than two months in a year, and provided this tax shall not relieve such dealers from any local tax or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor

Page 28

be required of those who sell by wholesale spirits manufactured of apples, peaches, grapes, blackberries, or other fruit grown on their own lands, when sold in quantities of not less than five gallons. Social clubs. Nineteenth. Upon each dealer who has and maintains a public place of business in domestic wines or fermented or alcoholic ciders, fifty ($50) dollars per annum, whether the wine or cider is manufactured from grapes or other fruit grown upon the land owned, leased or rented by the seller or not; said tax shall be for educational purposes. Dealers in wines, etc. Twentieth. Upon all dealers or dispensers of white hops or like beverages, or so-called medicines that produce intoxication, the sum of one thousand dollars for each place of business in each county where the same are sold; provided that nothing in this Act shall be so construed as to interfere with pharmacists in the sale of medicinal preparations for medical use only, such preparations to be regarded as of medicinal character as are recognized as such by the rulings of the United States Internal Revenue Department. Dealers of beverages. Twenty-first. Upon all dealers in pistols, toy pistols which shoot cartridges, pistol or rifle cartridges, dirks, bowie-knives or metal knucks, twenty-five dollars for each place of business in the county where the same are sold. Dealers in pistols, etc. Twenty-second. Upon every individual or firm, or his or their agents, engaged in the business of selling or buying farm products, sugar, coffee, salt and meat, railroad stocks and bonds of all kinds not intended for bona fide sale and delivery, but for future delivery (commonly called futures), whether said business is done through regularly organized stock or cotton exchange or board of trade, the sum of one thousand dollars per annum for each place of business in each county where such business is carried on; provided that this tax shall not be demanded of any cotton warehouseman, dealer in cotton, or any provision broker who takes orders in the regular course of their trade only for the actual and bona fide delivery of cotton and other products so ordered, and when by the terms of the contract it is not left to the option of the party so ordering, or the party taking such, to avoid the delivery of produce or products by paying the difference in market price of such product or products at the time of delivery; provided, further, that such cotton warehousemen, dealer in actual cotton or any provision broker does not carry on business of buying futures in connection with his or their business. Dealers in futures.

Page 29

Twenty-third. Upon every person or firm, for himself, or agent for resident or non-resident owner, who keeps or holds for hire or sale any billiard, pool or other table of like character, one hundred dollars for each county in which such person or firm does business. Dealers in [Illegible Text] tables. Twenty-fourth. Upon every peddler of stoves and ranges for cooking purposes, or clocks, two hundred dollars in every county in which said peddler may do business, or offer any such article for sale. Peddlers. Twenty-fifth. Upon every peddler or vender of any patent churn or patent fence, or patented agricultural or farm implement or tool, or any other patented article, said peddler not having a fixed place for carrying on said business in the county where any such article is sold, or offered for sale, twenty-five dollars for each county in which they may sell, of offer to sell, any one or more of the articles herein enumerated. Peddlers. Twenty-sixth. Upon every individual, agent or firm of agents of any packing-house, and upon every individual agent, agent or firm of agents of any persons, firm or corporation, dealing in packing-house goods or products, doing business in this State, $200 for each place of business in each county having a city with a population of thirty thousand or more; $100 for each place of business in each county having a city with a population of less than thirty thousand and not less than fifteen thousand; $50 for each place of business in each county having a town or city with a population of ten thousand and not less than five thousand; ($10) ten dollars for each place of business in a county having a town of less than five thousand population. Agents of packing-houses. Twenty-seventh. Upon every itinerant doctor, dentist, optician, veterinary surgeon, or specialist of any kind, doing business in this State, the sum of ten dollars for each county in which they may do business: Provided that the provisions of this paragraph shall not apply to persons whose fixed place of business is in any county in this State, and who have paid the professional tax required by paragraph 2 of section 2 of this Act; provided, further, that if any such itinerant doctor, dentist, optician, veterinary surgeon or other specialists shall peddle or sell any drug, medicine, spectacles, glasses or other goods in connection with the practices of his profession he or they shall be subject to the tax required of traveling venders of patent or proprietary medicines, nostums, etc., by paragraph ninth of this section, to wit, fifty dollars in each county where they may sell, or offer to sell, any such article. Itinerant doctors or speciallists.

Page 30

Twenty-eighth. Upon every brewing company engaged in the business of brewing or manufacturing beer, three hundred dollars for each plant or brewery in this State, and upon all other persons, firms or corporations who are engaged in the sale of beer, whether on consignment or otherwise, who have not paid the tax as liquor dealers imposed by paragraph seventeen of this section, for each place of business, including all other persons, corporations, or agencies maintaining storage depots in this State for the sale of beer in kegs or barrels in each county where they do business, three hundred dollars. Brewing companies. Twenty-ninth. Upon every manufacturer in this State of all proprietary or trade-mark, or patent protected or other soda-fountain syrup or beverages, the sum of four hundred dollars, and upon all agents of non-resident corporations who manufacture such beverages, the sum of four hundred dollars; provided, such non-resident corporations may relieve their agents of such tax or license by paying the said sum of four hundred dollars. Manufacturers of soda-water fountain beverages. Thirtieth. Upon every individual or firm carrying on the business of a pawnbroker, one hundred dollars for each place of business, and if any such pawnbroker shall sell or offer to sell any pistol, pistol or rifle cartridge, dirk, bowie-knife, or brass knucks, whether sold as unredeemed pledges or otherwise, he shall also be held subject to and required to pay the license tax required of other dealers in pistols, etc., by paragraph 21 of this section. Pawnbrokers. Thirty-first. Upon all mercantile and collecting agencies commercial agencies and all other agencies of like character, fifty dollars in every county wherein they have established or may establish an office. Commercial agencies. Thirty-second. Upon every slot machine operated in this State wherein is kept any article to be purchased by depositing therein any coin or thing of value, and for which may be had any article of merchandise whatsoever, the sum of two and 50-100 dollars for each machine for each county where set up or operated. Upon every such machine wherein may be seen any picture or any music may be heard by depositing in the machine any coin or thing of value, and every weighing machine and every machine for making stencils by the use of contrivances operated by slot wherein money or other thing of value is to be deposited, the sum of five dollars for each machine in each county where set up or operated; provided that not more than fifty dollars shall be required of any one person in any one county

Page 31

under this section. No specific or license tax shall be levied or collected on merchandise machines delivering merchandise and owned by dealers in their storehouses and paying taxes as a merchant. Slot machine. Thirty-third. Upon each detective agency, company or corporation doing business of detectives for hire, or consideration, the sum of one hundred dollars for each office established in this State. Detective agencies. Thirty-fourth. Upon every dealer who may sell or give away cigarettes or cigarette paper, or who furnish their customers with cigarettes or cigarette paper in connection with any other purchase or transaction, ten dollars for each place of business, whether principal stock in trade, or sold or given away or furnished directly or indirectly with other articles, or kept in his or her place of business or elsewhere where accessible to his or her customers. Dealers in cigarettes or cigarette paper. Thirty-fifth. Upon the proprietor, owner or lessee of any park or place where baseball, football or any other similar game is played, or where bicycle races or contests are held, and where admission fees are charged, fifty dollars for each park or place; provided in places (towns or cities) of less than ten thousand inhabitants the license tax shall be only twenty-five dollars for each park or place; provided, further, that in cities and towns of less than three thousand inhabitants, five dollars ($5.00) per annum shall be charged. Owners of play grounds or parks. Thirty-sixth. On all wholesale bottling works of beverages or syrups sold in soda-fountains, on all concerns having gross sales of less than one thousand dollars per annum, the sum of (5) five dollars; on all concerns having gross sales of one thousand dollars to three thousand dollars per annum, the sum of ten dollars; on all concerns having gross sales of three thousand to five thousand dollars per annum, the sum of one hundred dollars; on all concerns having gross sales above five thousand dollars per annum, the sum of two hundred dollars; and that the proprietors of such bottling works shall make returns to the tax receiver of the county in which any such bottling plant is situated of the amount of gross sales of such plant. Bottling works. Thirty-seventh. Upon each person, firm or corporation engaged in the business of making abstracts of titles in cities or towns of twenty thousand inhabitants or over, fifty dollars; in cities or towns of ten thousand inhabitants and less than twenty thousand, twenty-five dollars; and of cities and towns of less than ten thousand inhabitants, ten dollars; provided that this

Page 32

tax shall not be required of attorneys at law who have paid the tax required of them by paragraph 2 of this section. Abstract companies. Thirty-eighth. Upon every company of traveling gypsies or traveling companies, or other transient persons engaged in trading or selling merchandise or live stock of any kind, or fortune telling, twenty-five dollars in each county where they carry on business, or offer to do so. Traveling tradesmen and fortune tellers. Thirty-ninth. Upon every person or firm engaged in business of buying or selling real estate on commission, or as agents renting real estate, the sum of ten dollars for each county; and if such agent shall engage in auctioneering, or selling property at auction sales, he shall be required to pay the tax required of auctioneers by paragraph 5 of this section. Real estate agents. Fortieth. Upon every midway combination or street fair or street carnival, the sum of ten dollars each week or fractional part thereof for each separate tent, enclosure or place where admission fee is charged or collected, either directly or indirectly, to witness or hear any performance, or where anything whatsoever may be exhibited; upon every merry-go-round accompanying any midway combination street fair or street carnival, ten dollars in each county in which it does business, said tax to be [Illegible Text] [Illegible Text] purposes. Street fairs or carnivals. Forty-first. Upon every sewing machine company selling or dealing in sewing machines, by itself, or its agents, in this State, and all wholesale and retail dealers in sewing machines, selling machines manufactured by companies that have not paid the tax herein, shall pay two hundred dollars for the fiscal year, or fractional part thereof, to be paid to the Comptroller-General at the time of commencement of business; and said companies or dealers shall furnish the Comptroller-General with a list of agents authorized to sell machines of their manufacture or under their control, and shall pay to said Comptroller-General the sum of ten dollars for each of said agents for the fiscal year, or fractional part thereof, for each county in which said agent may do business for said company. Upon the payment of said additional sum, the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State. Before doing business under this Act, all sewing machine agents shall be required to register their names with the ordinaries of those counties in which they intend to operate, and exhibit to said ordinaries their license from the Comptroller-General, and to keep such license posted on their vehicles, or at their places of business. Wholesale or retail dealers in sewing machines shall be required

Page 33

to pay the tax provided herein, for each manufacture of sewing machines sold by them, except the manufacture of such companies as have paid the tax required by this Act. All unsold sewing machines belonging to sewing machine companies, dealers, or their agents, in possession of said companies, dealers, their agents, or others, shall be liable to seizure and sale for payment of such fees, license or tax. Any person who shall violate the provisions of this section shall be liable to indictment for a misdemeanor, and on conviction shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. None of the provisions of this section shall apply to licensed auctioneers selling second-hand sewing machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid, as herein provided, and who keep the said machines and sell and deliver them at their places of business, such sales not being on commission; provided that if said merchant shall employ an agent or agents to deliver or sell the machines, the provisions of this section shall apply to said agent or agents. Sewing machine companies Forty-second. Upon every bicycle dealer selling or dealing [Illegible Text], either at wholesale or retail, for themselves or upon commission, shall pay ten ($10) dollars for the fiscal year or any part thereof, to be paid to the tax-collector of the county at the time of the commencement of business; dealers selling bicycles at more than one place shall pay said license for each place of business where the bicycles are sold by them. Before doing business under this Act, all bicycle dealers shall be required to register their names and places of business with the ordinaries of those counties in which they intend to operate. All unsold bicycles belonging to dealers shall be liable to seizure and sale for payment of such fees, license and tax. Dealers in bicycles. Forty-third. Upon every agent of any manufacturer of, and upon every dealer in automobiles or other self-propelling vehicles, the sum of fifty dollars for each agency or place of business. They are to register and pay said tax in the same manner as bicycle dealers. Dealers in automobiles. Forty-fourth. Upon every agent of and manufacturer of, and upon every dealer in typewriters or typewriting machines, cash registers and calculating and weighing scales, the sum of ten dollars for each agency or place of business. They to register and pay said tax in the same manner as bicycle dealers. None of the provisions of paragraphs 42, 43 and 44 shall apply to licensed

Page 34

auctioneers selling second-hand bicycles, or to officers of the law under legal process. Dealers in typewriters. Forty-fifth. Upon all corporations incorporated under the laws of Georgia shall, in addition to all taxes now required of them by law be, and they are hereby, required to pay each year an annual license or occupation tax as specified in the following scale: License tax. Corporations with capital not exceeding $25,000 $ 5 00 Corporations with capital over $25,000, and not over $100,000 10 00 Corporations with capital over $100,000, and not over $300,000 25 00 Corporations with capital over $300,000, and not over $500,000 50 00 Corporations with capital over $500,000, and not over $1,000,000 75 00 Corporations with capital over $1,000,000 100 00 The payment of this tax in any one county will relieve such corporation from the payment of said tax in any other county in which it does business. Forty-sixth. Upon agents of all foreign corporations having a place of business in this State in addition to all other taxes now required of them by law, there shall be, and they are hereby required to pay, each year an annual license or occupation tax as specified in the following scale, to wit: License tax. Agents of corporations with capital not exceeding $25,000 $ 5 00 Agents of corporations with capital over $25,000, and not over $100,000 10 00 Agents of corporations with capital over $100,000, and not over $300,000 25 00 Agents of corporations with capital over $300,000, and not over $500,000 50 00 Agents of corporations with capital over $500,000, and not over $1,000,000 75 00 Agents of corporations with capital over $1,000,000 100 00 Provided that if such foreign corporations shall on or before the first day of April of each year pay to the Comptroller-General the amount of the occupation or license tax prescribed in paragraph 45 of this Act for resident corporations, then such agents shall be relieved from such tax. And to that end said foreign corporations shall register their names, capital stock, and names of agents with the Comptroller-General before the first of

Page 35

April of each year, and upon said tax being paid it shall be the duty of the Comptroller-General to furnish said corporations a certificate for each agent that said tax has been paid and the presentation of such certificate by such agent to the tax-receiver or tax-collector of his county shall be sufficient evidence of such payment and authorize such officers to relieve the agents of said tax. The payment of this tax shall not be construed so as to relieve the corporation or the agent of any other license or occupation tax whatever. Forty-seventh. In all cases in this section where population controls the amount of tax or license fee, the last census report by the Federal government shall govern. Census reports. Forty-eighth. Upon every manufacturer of tobacco or wholesale dealer in tobacco doing business in this State who redeems or offers to redeem the tags on the tobacco sold for a consideration the sum of $200. Dealers in tobacco. SEC. 3. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraph 1 and 2 of section 2 of this Act shall be returned to the receiver of tax returns in the county of the residence of the person liable to such tax, and shall, by the receiver, be entered upon his digest of taxable property. The tax on insurance agents, etc., required by paragraph 10 of the second section of this Act shall be paid to the Comptroller-General. All the other taxes enumerated and set forth in section 2 of this Act shall be returned and paid to the tax-collectors of the counties where such vocations or business are carried on, and paid in advance. Tax returns. SEC. 4. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 and 48 of section 2 of this Act shall be paid in full for the fiscal years for which they are levied, to the tax-collectors of the counties where such vocations are carried on at the time of commencing to do business specified in said paragraphs. Before any person taxed by paragraphs 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 and 48 of section 2 of this Act shall be authorized to open up or carry on said business, they shall go before the ordinary of the county in which they propose to do business and register their names, the business they propose to engage in, the place where it is to be conducted, and they shall then proceed to pay their tax to the collector.

Page 36

And it shall be the duty of said ordinary to immediately notify the tax-collector of such registration and at the end of each quarter furnish the Comptroller-General with a report of such special tax registration in his office. Any person failing to register with the ordinary, or having registered, fails to pay the special tax as herein required, shall be liable to indictment for misdemeanor, and on conviction shall be fined not less than double the tax or be imprisoned as prescribed by section 1039 of volume 3, of the Code of 1895, or both, in the discretion of the court. One half of said fine shall be applied to the payment of the tax and the other to the fund of fines and forfeitures for the use of the officers of the court. Taxes, payment of. Registration. SEC. 5. Be it further enacted by the authority aforesaid, That all foreign and home insurance companies (provided this shall not include return premiums on cancelled policies) or insurance brokers placing insurance upon property in this State, doing business in this State, shall pay one per centum on all premiums in money or otherwise received by them upon the gross receipts of such insurance companies, all such companies doing brokerage business in this State, such as discounting notes, bills, drafts or exchange, lending money or in any manner doing a business pertaining to bankers or brokerage business, shall be taxed upon the capital so employed in the same manner and at the same rate as other money capital in the hands of private individuals is taxed; provided, however, that all loans of such companies, secured by real estate mortgages, and by stocks and bonds in which such companies are required to make investments, shall not be considered as a brokerage or banking business or a business pertaining thereto; and provided further, that the tax required by this section shall be in lieu of all other taxes, whether State, county or municipal, against such companies except a per centum tax on their premiums and a business license by the town or city in which such company does business; and provided furhter, that nothing herein shall be construed to exempt the real estate or personal property of such companies from taxation, but the same shall be returned for taxation and taxed as other real estate and personal property in this State is taxed. Insurance premiums and loans. SEC. 6. Be it further enacted by the authority aforesaid, That the president, general manager and secretary of all building and loan associations, or other associations of like character, shall be required to return to the tax-receiver of the county where such associations are located all real and personal property of every kind and character belonging to such associations, except that

Page 37

real property located in another county shall be returned to the tax receiver of that county. Returns of building and loan associations. SEC. 7. Be it further enacted by the authority aforesaid, That all foreign and home fidelity guarantee companies, or other companies furnishing bonds, or similar associations doing business in this State, shall pay one per centum on all premiums in money or otherwise received by them, and the agent, general, or special, or local, as the case may be, of said companies shall make returns to the Comptroller-General on the same terms and in the same manner as insurance companies. Returns of fidelity companies SEC. 8. Be it further enacted by the authority aforesaid, That the president, superintendents or agents of all manufacturing and other companies, whether incorporated or not, other than railroad, telegraph, telephone, express, sleeping and palace car companies, and such other companies as are required to make return of the value of their franchise to the Comptroller-General under the provisions of the Act approved December 17, 1902, entitled: An Act to provide for and require the payment of taxes on franchises, and to prescribe the method for the return and payment of said taxes, and all persons and companies conducting business enterprises of every nature whatsoever, shall return for taxation at its true market value all of their real estate to the tax-receiver of the county wherein it is located, and their personal property shall be returned to the tax-receiver of the county where such persons reside or the office of the company is located; provided, that if the real estate upon which said manufacturing or other business enterprise of whatsoever nature is carried on, lies on or across a county line or county lines, and in two or more counties, said real estate shall be returned to the tax-receiver of the county wherein are located the main buildings containing the machinery or most of the main buildings; provided further, that all persons, companies and corporations, not excepted above, conducting any business enterprise upon realty not taxable in the county in which such persons reside or the office of the company or corporation is located shall return for taxation their stock of merchandise, raw material, machinery, live stock, and all other personalty employed in the operation of such business enterprise, together with the manufactured goods and all other products of such business enterprise, and the notes and accounts made and the money used in the prosecution of such business enterprise, on hand at the time for the estimation of property for taxation, including all personalty of whatsoever kind, connected with or used in said enterprise in any manner whatsoever, in the county

Page 38

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

Page 39

accounts, bonds and other obligations for money or property of every kind on hand on the day fixed for the return of property for taxation. State separately the fair market value of each of said classes of property. Tenth. What other property of every kind did your company own on the day fixed for the return of property for taxation, and what is the fair market value thereof? And such company shall be taxed upon its entire property so ascertained, and the Comptroller-General is authorized to frame and have propounded any other questions which, in his judgment, would produce a fuller return. SEC. 9. Be it further enacted by the authority aforesaid, That all railroad companies, street and suburban railroad, or sleeping-car companies, companies, or persons, or companies operating railroads or street railroads or suburban railroads or sleeping-cars in this State, all express, including railroad companies doing an express, telephone, or telegraph business, and all telephone or telegraph companies, person, or persons doing an express, telegraph or telephone business; all gas, water, electric light or power, steam heat, refrigerated air, dockage or cranage, canal, toll-road, toll-bridge, railroad equipment and navigation companies, through their president, general manager or agent having control of the company's affairs in this State, shall be required to make returns of all property of said company located in this State to the Comptroller-General, and the law now of force providing for the taxation of railroads in this State shall be applicable to the assessment and collection of taxes from said business as above stated; and if the revenue derived from the ad valorem tax raised under the provisions of this section from railroad companies doing an express, telegraph or telephone business, and all telephone or telegraph companies, person or persons doing an express, telegraph or telephone business, together with all taxes on the franchises of said person or corporation, does not amount to two and a half per cent. of the gross receipts of said companies, as shown by reports of said companies to the Comptroller-General, now required by law, the said Comptroller-General is hereby required to collect as an occupation tax from said companies such a per centum upon said gross receipts as will, when added to the ad valorem State tax, including all taxes on franchises, equal to two and a half per centum upon said gross receipts. Said companies doing such business shall make a quarterly return on oath as follows: On the last day of March, June, September and December, in each year, to the Comptroller-General,

Page 40

showing a full account of the gross receipts during the quarter ending on such dates; and said taxes herein levied on said gross receipts, as shown by said quarterly returns, shall be paid by the respective persons or companies to the Comptroller-General at the same time of making such returns. The gross receipts herein named shall be construed to mean the full amount of all money received from all business done within this State. If any person, superintendent, agent or president, as the case may be, whose duty it is to make returns under this section, shall fail to do so within thirty days after the time herein required, such person, superintendent, agent or president shall be liable to indictment, and upon conviction shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. Returns by R. R. and other corporations. Second. That each non-resident person or company whose sleeping-cars are run in this State shall be taxed as follows: Ascertain the whole number of miles of railroad over which sleeping-cars are run, and ascertain the entire value of all sleeping-cars of such company, of such person or company, then tax such sleeping-cars at the regular tax rate imposed upon the property of this State, in the same proportion to the entire value of such sleeping-cars that the length of the lines in this State over which such cars run bears to the length of the lines of all railroads over which such sleeping-cars are run. The returns shall be made to the Comptroller-General by the president, general agent, or person in control of such cars in this State. The Comptroller-General shall frame such questions as will elicit the information sought, and answers thereto shall be made under oath. If the officers above referred to in control of said sleeping-cars shall fail or refuse to answer, under oath, the questions so propounded, the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping-cars. If the taxes herein provided for are not paid, the Comptroller-General shall issue executions against the owners of such cars which may be levied by the sheriff of any county of this State upon the sleeping car or cars of the owner who has failed to pay the taxes. Third. Any person or persons, copartnership, company, or corporation, wherever oganized or incorporated, whose principal business is furnishing or leasing any kind of railroad cars, except dining, buffet, chair, parlor, palace or sleeping cars, or in whom the legal title to any such cars is vested, but which are operated, or leased, or hired to be operated on any railroad in this State, shall be deemed an equipment company. Every such company

Page 41

shall be required to make returns to the Comptroller-General under the same laws in force in reference to the rolling-stock owned by the railroads making returns in this State, and the assessment of taxes thereon shall be levied and the taxes collected in the same manner as provided in the case of sleeping-cars in subsection two of this section. SEC. 10. Be it further enacted by the authority aforesaid, That no tax shall be assessed upon the capital of banks, or of banking associations organized under the authority of the State or of the United States, and located within this State, but the shares of the stockholders of such banks, or banking associations, whether resident or non-resident owners, shall be taxed in the county where such banks or banking associations are located, and not elsewhere, at their true and full market value, at the same rate provided in this Act for taxation of moneyed capital in the hands of private individuals; provided, that nothing in this section contained shall be construed to relieve such banks or banking associations from the tax on real estate held or owned by them; that each bank or banking association shall pay tax on the surplus and undivided profits when the same are not included in the market value of its shares; provided further, that all property used in conducting or operating a branch bank shall be returned for taxation in the county where such branch bank may be located; provided further, that nothing herein contained shall be construed to levy tax on real or personal property held or owned by any bank or banking association, the value of which is represented in the market value of its shares of stock and the true intent and meaning of this section is that the bank itself shall return for taxation and pay the taxes on the full market value of all shares of said bank stock. Stockholders of banks. Returns by banks. SEC. 11. Be it further enacted by the authority aforesaid, That the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General in the manner provided by law for the taxation of the property of the gross receipts or net income of such railroads, and shall pay the Comptroller-General the tax to which such property or gross receipts or net income may be subject according to the provisions of this Act, and the laws now in force relating to the tax on railroads; and on failure to make return or refusal to pay tax, said company shall be liable to all the penalties now provided by law, and the Comptroller-General is hereby required, upon failure of such companies to make returns, or if made and not satisfactory to

Page 42

said officer, to proceed against such companies as provided in section 812 of the Code of 1895, volume 1. Returns by railroads. SEC. 12. Be it further enacted by the authority aforesaid, That the presidents and principal agents of all incorporated companies herein mentioned, except such as are required to make returns to tax-receivers of the counties, shall make returns to the Comptroller-General under the rules and regulations provided by law for such returns, and subject to the same penalties and modes of procedure for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Returns of corporations. SEC. 13. Be it further enacted by the authority aforesaid, That any person or company, resident of this State, who is the owner of a vessel or boat, or water craft of any description, shall answer under oath the number of vessels, boats and other water-crafts owned by them, and the value of each, and make returns of the same to the tax-receiver of the county of the residence of such person or company, and the same shall be taxed as other property is taxed. Returns of boats, etc. SEC. 14. Be it further enacted by the authority aforesaid, That in returning property for taxes all property shall be returned at its value. Promissory notes, accounts, judgments, mortgages, liens of all kinds and all choses in action, shall be given in at their value, whether solvent or partially solvent. Every person shall return for taxes all jewelry and other property of every kind owned by his wife and minor children, unless the members of his or her family return their property for taxation. In addition to the questions now propounded to the taxpayer by the tax-receivers, questions shall be framed by the Comptroller-General to reach all property upon which a tax is imposed by this Act. Returns. SEC. 15. Be it further enacted by the authority aforesaid, That the oath to be administered to all persons making returns of taxable property for themselves or as agent of another, shall be the oath required under section 834, volume 1, of the Code of 1895, to be attached to the printed list presented to each taxpayer; provided, that non-residents, females and sick persons may take and subscribe the oath herein required, before any person authorized by law to administer oaths, and cause the same to be delivered to the tax-receiver, who shall receive the same. Returns made under oath. SEC. 16. Be it further enacted by the authority aforesaid, That the Comptroller-General is authorized and empowered to order the tax-receivers of this State to commence receiving the returns of the taxable property immediately after the first day of April

Page 43

of each of said years 1906, 1907, and that the Comptroller-General is empowered and required to cause the tax to be collected and to be paid into the State Treasury by the 20th of April of each of the years 1907 and 1908. Returns, when made. SEC. 17. Be it further enacted by the authority aforesaid, That blind persons, Confederate soldiers, and all other persons having lost a limb or limbs or deformed by nature so as to render them unfit for manual labor, relieved by the proviso in paragraph 1, section 2, from the payment of taxes designated in that paragraph, shall be relieved also from the payment of the taxes designated in paragraphs 7, 8, 9 and 12 of section 2, and also from payment of any county or municipal license tax, if carrying on and dependent upon the kinds of business designated therein; provided, that before any person shall be entitled to the benefit of any of the exemptions provided for in this section, he shall go before the ordinary of the county in which he proposes to carry on business and make and file an affidavit setting forth the facts that he is entitled to such exemptions, and that he is the proprietor and owner of the business he proposes to conduct, and is conducting the same for himself and not for others. SEC. 18. Be it further enacted by the authority aforesaid, That immediately after the first days of March of the years 1906 and 1907, the Governor, Comptroller-General and State Treasurer shall fix a day between January 1st and April 1st of each of the years 1906 and 1907 as the day for making the return of taxes, instead of April 1st, which day shall not be fixed until March 1st of each of the years 1906 and 1907, as provided by Act approved December 20, 1893. Tax returns, when made. SEC. 19. Be it further enacted by the authority aforesaid, That it shall be the duty of the Comptroller-General, when he causes to be printed the lists which are to be presented to the taxpayer, as is required under existing laws, to incorporate therein the questions provided for in sections 8 and 14 of this Act, and to so arrange them as to require a separate answer to each question, and the Comptroller-General is authorized and required to include any other question in said lists which in his judgment will cause a fuller return of property subject to taxation under the laws of this State, and shall omit from said lists such questions as are more explicitly covered and set forth in this Act or under existing laws. Questions to taxpayers. SEC. 20. Be it further enacted by the authority aforesaid, That it shall be the duty of the receiver of tax returns of the several counties of this State, before receiving the returns of any taxpayers,

Page 44

to actually administer the oath required by law, of taxpayers, the oath being read by the taxpayer in the presence of and in the hearing of the tax-receiver, or by the receiver in the hearing and presence of the taxpayer; and for failure of such receiver to so administer such oath, except in those cases where by law said oath may be made before some other person, such receiver will be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of volume 3 of the Code of 1895. Oath of taxpayers. SEC. 21. Be it further enacted by the authority aforesaid, That the intent and purpose of the tax laws of the State is to have all property and subjects of taxation fairly assessed at the value which would be realized therefrom by cash sale, in such manner as such property and subjects are usually sold, but not by a forced sale thereof, and the words fair market value, when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in such manner as such property and subjects are usually sold. Fair market value SEC. 22. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. TAX FOR PAYMENT OF BONDS AND INTEREST. No. 476. 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 and it is hereby enacted by the General Assembly of Georgia, That the Governor is hereby authorized and directed, with the assistance of the Comptroller-General, at the time of assessment of the levy of the taxes for the year 1906, 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 six, 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

Page 45

amount of valid bonds of this State as they may mature, as hereinafter provided, which shall be applied to no other purpose whatever; provided, this tax shall not be estimated by any county authorities in assessing for county purposes the taxes of any county. Tax to pay 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. SEC. 3. Be it further enacted by the authority aforesaid, That the said amount so raised in the year 1906 shall be applied to paying off and retiring the valid bonds of this State maturing on January 1, 1908. Maturing bonds. 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 Fund, by the Treasurer and filed in his office. Sinking fund. 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 22, 1905.

Page 46

TITLE III. NEW COUNTIES. ACTS. Organization of New Counties. Organization of Crisp County. Organization of Grady County. Organization of Jeff Davis County. Organization of Jenkins County. Organization of Stephens County. Organization of Tift County. Organization of Toombs County. Organization of Turner County. ORGANIZATION OF NEW COUNTIES. No. 10. An Act to provide for the organization of new counties in this State, to provide the manner in which elections for officers shall be held, prescribe qualifications for voters, fix the places for holding elections for officers in said new counties, and for the consolidation of the votes, the transfer of business from counties out of which said new counties were created to the new counties, to provide jurors for the courts sitting in the new counties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that when a new county is organized the jurisdiction of all suits pending in the county or counties from which said new county has been laid off, of which, under the Constitution and laws of this State, the new county shall have cognizance is transferred immediately to the corresponding courts in said new county and the jurisdiction of suits then pending in the county or city courts of the old counties

Page 47

is conferred upon the superior court of said new county, together with all the court papers pertaining thereto to which there shall be attached the certificate of the clerk of the court from whose office they came that they are the proper papers of the suit, and the amount of cost accrued therein, and the amount then due, and on the final disposition of said transferred cases, it is hereby made the duty of the clerk of the court, or, in case of no clerk, of the presiding justice, to collect the costs due the officers of court in the county from which said case was transferred, and to account to such officer for all such costs collected by them; and in event of their failure to account for costs collected by them for the officers of the courts from which said cases were transferred, they are hereby made liable to attachment for contempt. Jurisdiction of courts in new counties. Transfer of suits. SEC. 2. Be it further enacted by the authority aforesaid, That all processes (mesne or final) or paper requiring some official act to be done by an officer of the county from which the new county is taken, and which can not be done by the reason of the creation of said new county must, without delay, be transmitted by the said officer to the corresponding officer in the new county, and if proceedings have been had thereon, and not finally disposed of, the officer of the new county must proceed as though the paper had been originally in his hands; but publication of the times and places of sale, and proceedings of like character shall be in the manner prescribed by law. Processes transmitted to officers of new county. SEC. 3. Be it further enacted by the authority aforesaid, That all county officers in commission within the limits of the new county shall hold their commissions and exercise the duties of their office within the territorial limits of the county or counties from which said new county is taken until their commissions expire and their successors are elected and qualified; and where the creation of a new county is authorized by law, the officers in the county or counties from which the territory of the new county is taken shall continue to exercise the powers of their office within said territory until the officers provided for the new county shall be elected and qualified, and justices of the peace and constables where districts are not disturbed by the lines of the new county shall retain their offices and their districts until their commissions expire. officers of new counties. SEC. 4. Be it further enacted by the authority aforesaid, That immediately after the election and qualification of the officers of the new county, it shall be the duty of the judge of the superior court to appoint jury commissioners as now required by law, and

Page 48

the jury commissioners after having been notified by said judge shall meet at the place designated in said bill as the county site of said county and shall be provided by the ordinary of said county with a place within the limits of the town so designated as the county site and shall proceed immediately to make a grand and traverse jury box from the qualified jurors of said county, as now provided by law, and draw therefrom, pursuant to law, panels of grand and traverse jurors for the succeeding term of the superior court of said county. Jury commissioners SEC. 5. Be it further enacted by the authority aforesaid, that the ordinary of said new county may levy for the first year after his qualification an extra tax for county purposes of such per cent. upon the State tax as may be necessary, according to his discretion, and said ordinary may for the first year after his qualification make a temporary loan or loans for the purpose of supplying revenue for said new county, in the absence of any revenue from taxes for the first year; but said ordinary is required in the first levy of taxes for said new county to cause a specific sum to be levied upon the property within the territory of said new county to pay said temporary loan or debt at the end of said first year. Tax for county purposes, how levied SEC. 6. Be it further enacted by the authority aforesaid, That the Governor may direct the dedimus potestatum for the qualification of the ordinary of said county to the judge of the superior court of the circuit to which said new county is attached, or to the judge of any other superior court or city court or county court of this State, and the dedimus potestatum for all the other county officers may be directed to the ordinary after his qualification and commission, or the Governor may, in his discretion, direct the dedimus potestatum for the qualification of all of said officers to any of the said judges provided for in this section. Qualification of officers. SEC. 7. Be it further enacted by the authority aforesaid, That any trustees, executors, administrators, or guardians making returns to the ordinary of the old county, and residing within the limits of the new county when organized, may make their returns to, and perform all their official acts with, the ordinary thereof, and when any such act is done, the jurisdiction is changed to the new county, and such trustee, executor, etc., shall file with the ordinary of the new county, to be recorded by him, a certified copy of all his acts from the ordinary of the old county. Executors, etc., returns of. SEC. 8. Be it further enacted by the authority aforesaid, That there shall be no representation in either branch of the General Assembly from any new county until after the next regular election

Page 49

of members for the same, but the Senators and Representatives, already elected from the counties forming the new county, shall serve out the term for which they were elected, without regard to their residence in or out of the old counties, and all vacancies by death, resignation or removal, shall be filled by the county where the member resided at the time of his election. Representation in General Assembly. SEC. 9. Be it further enacted by the authority aforesaid, That the commissions of all officers elected in said new county shall only extend to the next regular election of county officers, and the terms of all officers elected in the territory of such new counties shall expire at the time now fixed by law for the expiration of the terms of such county officers; and the successors of the county officers so elected at the time of the organization of said new county, shall be elected at the next general election of county officers as now provided by law. Election of officers and terms of office. SEC. 10. Be it further enacted by the authority aforesaid, That all taxes due the State and county by persons residing in the new county, or upon property included within the limits of the new county at the time of the creation of the new county, shall be payable to the tax-collector of the county from which said territory was taken, and the tax-collector of said original county is hereby authorized to issue execution for the collection of such taxes, and the same shall be enforced and collected by the officers of the county or counties from which the territory for said new county was taken Taxpavers in new counties. SEC. 11. Be it further enacted by the authority aforesaid, that in case any person residing within the limits of said new county has been, previous to the time of the election of officers for said new county, drawn as a juror to serve in any of the courts at a term of the court which does not convene until after the election of such officers, that said persons so drawn as jurors shall not be competent to serve as jurors in such courts, but it shall be the duty of the presiding judge to supply their place with tales jurors; but all persons who reside within the territorial limits of any new county shall be liable to serve as jurors in the courts of the county from which said territory was taken after the passage of the Act organizing the said new county until the same shall, in fact, be organized by the commission of county officers, as herein provided. Jurors in new counties. SEC. 12. Be it further enacted by the authority aforesaid, That whenever any Act is passed by the General Assembly creating new counties the same shall take effect after the election and

Page 50

commission of the officers of the said new county as herein provided for. Act creating new county, when effective. SEC. 13. Be it further enacted by the authority aforesaid, That the ordinary of said new county is hereby required to cause the territory within said new county to be laid off in militia districts, as now provided by law, and to hold an election in each of said districts for a justice of the peace and two constables, as provided in section 337 of the Code of Georgia, unless there shall be within the limits of any district so laid out either of said officers, who are authorized to continue to discharge their duties until their commission expires; provided, however, that if there shall be more than one of such officers in said new districts, their commissions are hereby declared to be void; and it shall be the duty of the grand jury of said county, at the first meeting after the formation of said militia districts, to elect some persons to discharge the duties of notary public ex officio justice of the peace within the limits of said districts. Militia districts laid out. Justices of the peace and constables appointed. SEC. 14. Be it further enacted by the authority aforesaid, That immediately after the qualification of the ordinary the territory within the limits of the new county shall be caused to be laid out in road districts, as now required by law, and he shall appoint three commissioners for each road district: and only the road laws now in force under the general law for working roads shall be in force in said new county, as provided in sections 526 to 572, of Code of 1895, inclusive. Road districts and road commissioners SEC. 15. Be it further enacted by the authority aforesaid, That all local laws and general laws having local application now in force within any territory included within the limits of any new county, are hereby declared to be in full force and effect within such territory included within the limits of such new county; provided that whereby the general laws of this State provision is made for any of said laws going into effect in any county by an election to be held, that an election may be held in said new county at any time after its creation for the purpose of putting said local laws into effect, notwithstanding the provision of any general law requiring the lapse of any specified time after the last election on the subject. Local laws for new counties. SEC. 16. Be it further enacted by the authority aforesaid, That the election of county officers for said new county shall be held at the time designated in the Act creating said new county, and at the time fixed by law for holding such election, and that the election managers who are now required by law to meet

Page 51

at the county site to consolidate the vote for said county officers shall meet at the site designated in said Act as the county site of said county, and at such place, within the limits of such place so designated as the county site, as shall be fixed by the judge of the superior court of the circuit to which said new county is attached; and in the event of the absence of the judge, or of a vacancy in his office, or a failure on his part to act, such place shall be fixed by the Governor. Officers for new counties, election of. SEC. 17. Be it further enacted by the authority aforesaid, That the tax-collectors in each county from which the territory for the said new county is taken, shall open the books for the registration of voters living within said territory, as now prescribed by law, and said tax-collectors shall furnish to the registrars of each of said counties a list of the voters so registered by them in said territories, and said registrars shall meet in each of said counties fifteen days before said election is ordered, and comply with all the provisions of the law on the subject of the registration of voters, so far as the voters living within the territory composing said new county is concerned; and the registrars of each county shall furnish to the election managers a list of the registered voters living in that portion of the territory which has been attached to the new county. Registration of voters. SEC. 18. Be it further enacted by the authority aforesaid, That the grand jury in each new county shall at the first session elect a county board of education, as now provided by law, and that said county board of education shall immediately organize, and the said county board of education is hereby vested with all the powers and rights that are given by law to the county board of education in existing counties; that until the organization of the county board of education, the school in such a new county, shall remain under the control of the boards of education of the counties from which the territory to form said new county was taken, but immediately upon the organization of the county board of education in said new county, such control shall cease and pass to the board of education of the new county, which shall be entitled to manage and control the schools within the new county as now provided by law. Boards of education for new counties. SEC. 19. Be it further enacted by the authority aforesaid, That all expenses incurred in providing the list of registered voters, and in holding the election for county officers of such new county shall be borne by the new county. Registration and election, expense of

Page 52

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 21, 1905. ORGANIZATION OF CRISP COUNTY. No. 19. An Act to lay out and organize a new county, to be called Crisp county, from the county of Dooly, to attach the same to a judicial circuit and congressional district and for other purposes therein specified. 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, a new county shall be, and the same is, hereby laid out and created from the county of Dooly, in said State, embracing the following territory and with the following boundary lines, to wit: New county from Dooly. All that portion of Dooly county lying south of the dividing lines between the sixth and eleventh, and between the seventh and tenth land districts of said county and the extension of said line due west through the ninth land district of said county, down to a line beginning at the southwest corner of lot of land number one hundred and eighty in the fourteenth district of Dooly county, Georgia, at Swift creek. Running due east through the fourteenth and the thirteenth land districts of said county along the said land lines to a point where land lots one hundred and ninety-two, and one hundred and ninety-three in the thirteenth district of Dooly county, Georgia, corner on the present boundary line between the county of Dooly and the county of Wilcox; so that said new county shall contain all that part of the ninth district in said Dooly county, including land lots numbers thirty-two. thirty-three, thirty-four, thirty-five, and thirty-six, and all lots and fractional lots in said ninth district south of the above numbered lots; also the tenth, eleventh, the Cordele land district, fractional part of the fifteenth land district, and all that portion of the thirteenth and fourteenth districts of said Dooly county lying north of line beginning at the southwest corner of lot land number one hundred and eighty in the fourteenth district of

Page 53

Dooly county, Georgia, at Swift creek. Running due east through the fourteenth and the thirteenth land districts of said county along the said land lines to a point where land lots one hundred and ninety-two and one hundred and ninety-three in the thirteenth district of Dooly county, Georgia, corner on the present boundary line between the county of Dooly and the county of Wilcox. Territory of. So that said new county will be bounded on the north by the east and west line separating the sixth land district from the eleventh land district; the seventh land district from the tenth land district of Dooly county, and extending on west through the ninth land district along the northern boundary lines of land lots thirty-two, thirty-three, thirty-four, thirty-five and thirty-six, in said ninth land district of Dooly county; on the east by Wilcox county; on the south by Worth county; and by the line beginning at the southwest corner of lot of land number one hundred and eighty, in the fourteenth district of Dooly county, Georgia, at Swift creek. Running due east through the fourteenth and the thirteenth land districts of said county along the said land lines to a point where land lots one hundred and ninety-two and one hundred and ninety-three in the thirteenth district of Dooly county, Georgia, corner on the present boundary line between the county of Dooly and the county of Wilcox and on the west by Flint river. SEC. 2. Be it further enacted by the authority aforesaid, That said new county above created shall be called the county of Crisp, and that the same shall be attached to the southwestern judicial circuit, and to the third congressional district of Gerogia. Named Crisp, and attached to Southwestern Circuit and Third Congressional District. SEC. 3. Be it further enacted by the authority aforesaid, That the county site and the location of all public buildings in said Crisp county shall be in the city of Cordele, Georgia. Cordele, county site. SEC. 4. Be it further enacted by the authority aforesaid, That the qualified voters within said new county shall, on the first Wednesday in October, 1905, meet at the county site thereof, pursuant to the election laws then in force, in this State, and shall proceed to elect all county officers necessary for the organization of said new county according to the Constitution and laws of this State. Election for officers of. SEC. 5. Be it further enacted by the authority aforesaid, That the regular terms of the superior court for said new county shall be held on the second Monday in March and third Monday in September of each year. Terms of Superior Court for.

Page 54

SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved August 17, 1905. ORGANIZATION OF GRADY COUNTY. No. 31. An Act to lay out and organize a new county from the counties of Thomas and Decatur, to be known as Grady; to define the boundaries thereof; to provide to what congressional district, also what judicial circuit the same shall be attached; to provide for the election of county officers for said county; to provide for the selection of the county seat for said county; to provide for the removal of all legal papers, suits, mesne process, executions and all final processes to the proper officers of said new county; to provide the time and place for holding the superior court of said new county; to provide the place where all public business of said new county shall be transacted. 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 the first day of January, 1906, after the passage of this Act, a new county shall be, and the same is, hereby laid out from the counties of Thomas and Decatur, to be included within the following limits, to wit: Beginning at the northwest corner of land lot No. 20, in the 17th land district of Thomas county, thence east on the original county line between Thomas county and Mitchell county, to the northeast corner of land lot No. 12, in the seventeenth land district of Thomas county, Georgia; thence south on the original land lot line to where said original line crosses Barnett's creek, between land lots 212 and 211; thence south down the middle prong of Barnett's creek to where said prong empties into Barnett's creek proper; thence down Barnett's creek south to where said creek empties into the Ochlochnee river; thence to and due south down the original land line between land lots 153 and 154, in the eighteenth district, maintaining said south course along original land lines through the eighteenth and twenty-third districts of Thomas county to the Florida line; thence west along the line between Georgia and

Page 55

Florida and between Florida and Decatur county, Georgia, to the southwest fractional corner of land lot 103 in the twenty-third district of Decatur county; thence north on the original land lot line to Mitchell county line, or to the northwest corner of land lot No. 386, in the sixteenth land district of Decatur county, Georgia; thence east along the original land line between Mitchell and Decatur counties to the starting point. New county from Thomas and Decatur. Territory of. SEC. 2. Be it further enacted by the authority aforesaid, That the new county described in the first section of this Act shall be called and known by the name of Grady, and shall be attached to the second congressional district, and to the southern judicial circuit, and the county site of said new county shall be the town or city of Cairo. Named Grady and attached to Second Congressional District and Southern Circuit. Cairo county site. SEC. 3. Be it further enacted by the authority aforesaid. That all legal voters residing in the said new county entitled to vote for representatives under the laws of Georgia, shall, on the first Monday in January next, elect an ordinary, a clerk of the superior court, a sheriff, a coroner, tax-collector, tax-receiver, a county surveyor and county treasurer for said county. Said election shall be held at Cairo, the county site. Election of officers for. SEC. 4. Be it further enacted by the authority aforesaid, That the superior court of said new county shall be held on the first Mondays in March and September of each year, and the court of ordinary shall be held at the time as prescribed by law for the different counties of this State. Terms of Superior Court and of Court of Ordinary. SEC. 5. 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, 1905. ORGANIZATION OF JEFF DAVIS COUNTY. No. 157. An Act to lay off and organize a new county out of portions of Appling and Coffee counties, and for other purposes in connection therewith. SECTION 1. Be it enacted by the General Assembly of the

Page 56

State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1906, a new county shall be, and the same is, hereby laid off and organized from portions of the counties of Appling and Coffee. New county from Appling and Coffee. SEC. 2. Be it further enacted, That said new county shall be named and called Jeff Davis, and it shall be attached to the Brunswick judicial circuit, to the eleventh congressional district. Named Jeff Davis and attached to Brunswick Circuit and Eleventh Congressional District. SEC. 3. Be it further enacted, That the said county of Jeff Davis shall be included within the following boundaries: Beginning at a point on the Altamaha river which bounds the present counties of Appling and Tattnall, being at the northeast corner of land lot 659; thence running the land line south to the southeast corner of land lot 443; thence due west the land line to the southwest corner of land lot 448; thence again due south the land line to the southeast corner of land lot 272; thence again due west the land line to the southwest corner of land lot 271; thence due south the land line to the northeast corner to land lot 222; thence due east the land line to the northeast corner of land lot 224; thence again due south the land line to the southeast corner of land lot 122; thence again due west the land line to Coffee county line dividing Appling and Coffee counties at the southwest corner of land lot 116; thence beginning at the southeast corner of land lot 116 in Coffee county and running west the land line to the southwest corner of land lot 129; thence running north the land line to the Ocmulgee river, which now forms the present boundary line between the counties of Coffee and Telfair, all being in the first district of Coffee county; thence along the Ocmulgee and Altamaha rivers to the point of beginning. Territory. SEC. 4. Be it further enacted, That the county site of the said county of Jeff Davis shall be in the city of Hazlehurst, which is located near the center of said county. Hazlehurst county site. SEC. 5. Be it further enacted, That those voters within said new county who are qualified to vote for members of the General Assembly under the registration and election laws now of force in this State, shall, on the first Wednesday in December, 1905, proceed in accordance with the election laws now of force to elect for said county all the county officers authorized by the Constitution of this State. At this election all voters residing within the territory of the new county will vote at Hazlehurst, which is hereby constituted the legal voting place for this election. Election of officers for.

Page 57

SEC. 6. Be it further enacted, That the superior court of said county of Jeff Davis shall be held on the fourth Monday in February and the second Monday in September. Terms of Superior Court for. 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 18, 1905. ORGANIZATION OF JENKINS COUNTY. No. 142. An Act to lay out and organize a new county from parts of the territory of the counties of Burke, Emanuel, Bulloch and Screven, and to attach the same to a congressional district and a judicial circuit, to provide for the location of a county site in said new county, to name the same, to provide for the election of officers thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act a new county shall be, and the same is, hereby laid out from parts of the territory of the counties of Burke, Emanuel, Bulloch and Screven, to be included within the following limits, to wit: Beginning at a point in Burke county in the middle of the railroad track one mile west of the public road which crosses the Central of Georgia railway track at the station of Herndon, and running thence in a straight line to a point one-quarter () of a mile west and one-quarter () of a mile north of the Henry Wilkes-Jones (now occupied by Robert Law) dwelling house; thence in a straight line to the center of the crossing of the Savannah and Louisville and Waynesboro and Herndon public roads; thence in a straight line to a point one mile north of Perkins station on the Augusta and Savannah railroad; from thence in a straight line to the confluence of the streams that form Beaver Dam creek; from thence down said creek to where it crosses from Burke into Screven county; from thence in a straight line to the Ogeechee river, said line passing one and a half miles by the railroad track below the railroad depot at Scarboro, a station on the Central of Georgia railway in Screven county; thence down the Ogeechee river to a point one hundred (100) feet above

Page 58

Capps incorporated bridge; from thence in a straight line to the northwest corner of Lockhart (46th district line), Bulloch county; from thence a straight line to Johnson's crossing on the Millen and Southwest railroad in Emanuel county, and from thence a straight line to the starting point in Burke county. New county from Burke, Emanuel, Bulloch and Screven. Territory. SEC. 2. Be it further enacted by the authority aforesaid, That the new county, described in the first section of this Act, shall be called and known by the name of Jenkins, and shall be attached to the first congressional district and to the middle judicial circuit. Named Jenkins and attached to First Congressional District and Middle Circuit. SEC. 3. Be it further enacted by the authority aforesaid, That the county site and location of the public buildings shall be in the town of Millen. Millen, county site. SEC. 4. Be it further enacted by the authority aforesaid, That an election shall be held within the territorial limits of said new county on the first Wednesday in October next for the following county officers, to wit: Ordinary, clerk of the superior court, sheriff, tax-collector, tax-receiver, treasurer and coroner. At this election all voters residing within the limits of the new county shall vote at Millen, the county site thereof, which is hereby constituted the legal voting place for this election. Election for county officers. SEC. 5. Be it further enacted by the authority aforesaid, That the superior court of said new county shall be held on the second Mondays in March and September of each year, and the court of ordinary shall be held at the time prescribed by law for the different counties of this State. Terms of Superior Court and of Court of Ordinary. 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, 1905. ORGANIZATION OF STEPHENS COUNTY. No. 215. An Act to create a new county out of the counties of Habersham and Franklin, to be known as Stephens county, to define the boundaries thereof, to locate the county site therein, to specify the judicial circuit, and congressional districts to which same shall be attached, to provide for the election of county officers of the same, to fix their terms of office, and for other purposes.

Page 59

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act a new county be, and is, hereby created and laid out from the counties of Habersham and Franklin, and bounded as follows: Beginning at the corner of land lots Nos. 216, 217, 222 and 223, in twelfth land district in the county of Habersham, on the waters of the Tugaloo river; thence south sixty degrees west to the corner of land lots numbers 207, 208, 213, and 214; thence south seventeen degrees west, a straight line to mile post 562 of the Southern railroad; thence south seventeen degrees west to the line between the counties of Habersham and Banks; thence south eighty degrees east to a post oak corner; thence along what is known as the line road between the counties of Habersham and Banks to the Franklin county line; thence along the same road, the line between the counties of Habersham and Franklin, to the south end of public bridge across Leatherwood creek; thence from the south end of said bridge a straight line to mile post 13 on the Elberton air line branch of the Southern railroad; thence north forty-five degrees east to a birch tree on Tugaloo river in said Franklin county; and thence the same direction to the line between the State of Georgia and the State of South Carolina in said Tugaloo river; thence up said river along the line between the State of Georgia and the State of South Carolina in said river to a point opposite the mouth of Word's creek, the same being the present existing line between the counties of Habersham and Franklin; thence up said sixth along the line between said States, as aforesaid, to a point n sixth sixty degrees east from the beginning point; thence south sixty degrees west to the beginning corner. New county from Habersham and Franklin. Territory. SEC. 2. Be it further enacted by the authority aforesaid, That said new county described in the first section of this Act be, and the same is, hereby named Stephens, and shall be attached to and be a part of the northeastern judicial circuit, and to the ninth congressional district in said State. Named Stephens and attached to Northeastern Circuit and Ninth Congressional District. SEC. 3. Be it further enacted by the authority aforesaid, That the qualified voters within the territory of said new county shall, on the first Wednesday in December, 1905, at the several election precincts now established by law, which will be included in said new county, elect all new county officers necessary for the organization of said new county according to the laws of the State, to wit: A clerk of the superior court, a sheriff, a coroner, a tax-collector, a receiver of the returns, a county surveyor, a treasurer and an ordinary. Election of officers for.

Page 60

SEC. 4. Be it futher enacted, That the county, site of said county of Stephens be located in the city of Toccoa. Toccoa, county site. SEC. 5. Be it further enacted, That all persons qualified to vote in the last general election shall be entited to vote in the elections provided for in this Act, and it shall be the duty of the proper officers in Franklin and Habersham counties, respectively, whose duty it is to keep in custody the lists of registered voters, to furnish the justices of the peace of the several militia districts included within the territory of said new county taken from their counties, respectively, a list of the voters qualified to vote in said last general election who reside within the limits of said new county. Qualified voters, lists of. SEC. 6. Be it further enacted by the authority aforesaid, That the superior court for said new county shall be held on the first Monday in May, and the first Monday in November, and shall have two weeks to each term of said court. Terms of Superior Court. 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 18, 1905. ORGANIZATION OF TIFT COUNTY. No. 3. An Act to lay out and organize a new county from the counties of Berrien, Irwin and Worth, to define the boundaries thereof, prescribe for the election of officers therein, to fix a name therefor, 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 a new county shall be, and the same is, hereby laid out from the counties of Berrien, Irwin and Worth as follows: Beginning at the northwest corner of lot of land number sixty-nine (69), in the sixth district of Irwin county, and following the land lines to the northeast corner of lot of land number sixty in the sixth district of Irwin county; thence south to the southwest corner of lot of land number eighty in said sixth district of Irwin county; thence east to the southeast corner of land lot number eighty-one in said sixth district of

Page 61

Irwin county; thence south to the southwest corner of lot of land number one hundred and three in said sixth district of Irwin county; thence east to the Allapaha river; thence along the Allapaha river to where the south line of lot of land number two hundred and thirty-three (233) in said sixth district of Irwin county intersects with said river; thence south along the east line of lot of land number two hundred and seventy-four (274); thence west to the southeast corner of lot of land number two hundred and seventy-two (272) in said sixth district of Irwin; thence south to the southeast corner of lot of land number three hundred and seventy-three (373) in the sixth district of Berrien; thence west to the southeast corner of lot number four hundred and nine (409); thence south to the southwest corner of said lot number four hundred and nine (409); thence south to the southeast corner of lot four hundred and twenty-one (421); thence west to the southwest corner of said lot four hundred and twenty-one (421); thence south to the southeast corner of lot four hundred and fifty-three (453); thence west to the southwest corner of said lot four hundred and fifty-three (453); thence south to the southeast corner of lot number four hundred and sixty-nine (469); thence west to the southwest corner of said lot four hundred and sixty-nine (469); thence south to the southeast corner of lot number four hundred and ninety-seven (497); thence west to the southwest corner of lot four hundred and ninety-seven (497); thence south to the south line of the sixth district of Berrien county; thence west to the west line of the sixth district of Worth county; thence north along the district line between the sixth and seventh districts of Worth county to the southwest corner of lot of land number 207, in the seventh district of Worth county; thence north to the northwest corner of lot number two fifty-four in said seventh district of Worth county; thence east to said district line; thence north along said district line to the starting point. New county from Berrien, Irwin and Worth. Territory. SEC. 2. Be it further enacted by the authority aforesaid, That the territory hereinbefore set out shall form a new county, to be called the county of Tift, in honor of Honorable Nelson Tift, late of the county of Dougherty, and shall be attached to the second congressional district, and the southern judicial circuit. Named Tift, and attached to Second Congressional District and Southern Circuit. SEC. 3. Be it further enacted by the authority aforesaid, That [Illegible Text] of the public buildings for said new [Illegible Text] city of Tifton. Tifton, county site. [Illegible Text] enacted by the authority aforesaid, That [Illegible Text] said new county shall, on the first

Page 62

Wednesday in October next, at the county site thereof, pursuant to the election laws then in force in said State, and proceed to elect all county officers necessary for the organization of said new county, according to the laws and Constitution of this State. Election of officers for. SEC. 5. Be it further enacted by the authority aforesaid, That the superior courts of said county of Tift shall be held on the first Mondays in November and July, to continue two weeks, if necessary, for the transaction of the business of said court. Terms of Superior Court. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved August 17, 1905. ORGANIZATION OF TOOMBS COUNTY. No. 232. An Act to lay out and organize a new county from the counties of Tattnall, Montgomery and Emanuel, to attach the same to a judicial circuit and congressional district, and for other purposes therein specified. 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 a new county shall be and is laid out from the counties of Tattnall, Montgomery and Emanuel, as follows: Beginning at a point on the Altamaha river where the dividing line between Montgomery and Tattnall counties reaches said river, and running in a northerly direction to the main line of the Seaboard Air Line railway at a point one half way between Higgston and Vidalia; thence in a northerly direction on a straight line to a point upon an east and west line connecting the postoffices of Elton in Tattnall county and Kibbee in Montgomery county, and thence east on said east and west line to the point where said line intersects the present boundary line between Tattnall and Emanuel counties, and thence in a northeasterly direction long said [Illegible Text] line to the Ohoopee river; thence down said [Illegible Text] [Illegible Text] [Illegible Text] mouth of Pendleton creek; thence on a [Illegible Text] [Illegible Text] [Illegible Text] a little west of south to the [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] Inman creek; thence up the Altamaha [Illegible Text] [Illegible Text] [Illegible Text] ginning; and that the territory included [Illegible Text]

Page 63

the same shall be attached to the middle judicial circuit, and the first congressional district. New county from Tattnall, Montgomery and Emanuel. Territory. Named Toombs, and attached to Middle Circuit and First Congressional District. SEC. 2. Be it further enacted by the authority aforesaid, That the county site and location of the public buildings shall be in the town of Lyons, Ga. Lyons, county site. SEC. 3. Be it further enacted by the authority aforesaid, That the voters of said new county entitled under the Constitution and laws of this State to vote for members of the General Assembly shall assemble at Lyons, the county site, on the first Wednesday in October, 1905, and proceed pursuant to the Constitution and laws then in force in this State to elect all county officers required by the Constitution of this State, and the said officers so elected shall hold office until the next general election to be held under the laws of this State. Election of officers for. SEC. 4. Be it further enacted by the authority aforesaid, That the superior court of the said county of Toombs shall be held on the fourth Monday in February and August of each year. Terms of Superior Court. SEC. 5. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 18, 1905. ORGANIZATION OF TURNER COUNTY. No. 75. An Act to lay off and organize a new county out of portions of Irwin, Wilcox, Dooly and Worth, and for other purposes in connection therewith. SEC. 1. The General Assembly of the State of Georgia do hereby enact, That from and after the first day of January, 1906, a new county shall be, and the same is, hereby laid off and organized from the counties of Irwin, Wilcox, Dooly and Worth. New county from Irwin, Wilcox, [Illegible Text] and Worth. SEC. 2. Be it further enacted, That said new county shall be named and called Turner, and it shall be attached to the second congressional district, and to the Albany judicial circuit. Named Turner, and attached to Second Congressional District and Albany Circuit. SEC. 3. Be it further enacted, That the said county of Turner shall be included within the following boundaries: Beginning at a point where the lot line between lots of land Nos. 24 and 69 in the 6th land district of Worth county intersects with the present line Between Worth and Irwin counties in Little river;

Page 64

thence west along the south line of said lot No. 24 to the southwest corner thereof, this corner being on the original district line between the 6th and 7th land districts of Worth county; thence south along the said original district line to the center of Daniel's Creek, cornering at the junction of the said district line and the said creek; thence up the said creek to the original district line between the second and seventh land districts of Worth county (the main run of the said creek forming the line for this distance); thence west along the said original district line between the second and seventh land districts and between the sixteenth and seventh land districts of Worth county to the southwest corner of lot of land No. 209, in the 16th land district of Worth county; thence north along the original land line through the 16th and 14th land districts of Worth county to where the same intersects with the present line between Worth and Dooly counties in Swift creek on the line between lots of land Nos. 205 and 206 in the 14th land district of Worth county; thence in a northwesterly direction down Swift creek to the south line of lot of land No. 180, the greater part of which lot is in the 14th land district of Dooly county; thence due east along the original land line through the 14th and 13th land districts of Dooly county to a point where lots of land Nos. 192 and 193 in the 13th land district of Dooly county corner on the present boundary line between the county of Dooly and the county of Wilcox; thence along the county line between Dooly and Wilcox due north to the northwest corner of lot of land No. 307 in the 12th land district of Wilcox county; thence due east along the original land line in the 12th land district of Wilcox county to the northeast corner of lot of land No. 301 in the said district, and then beginning at the northwest corner of lot of land No. 254 in the second land district of Wilcox county and running due east along the original land line, which is also the district line, to a point in the Allapaha river where it crosses the land line dividing land lot No. 5 in the first land district from land lot No. 258 in the 2d land district of Wilcox county; thence in a southeasterly direction along the Allapaha river to the original land line between lots of land Nos. 105 and 76 in the 3d land district of Irwin county; and thence due west along the said original land line in the said third land district of Irwin county to the southwest corner of lot of land No. 121 in the second land district of Irwin county; thence due south along the land line to the southeast corner of lot of land No. 33 in the 6th land district of Irwin county; thence west along the original land line to the starting point. Territory.

Page 65

SEC. 4. Be it further enacted, That the county site of said county of Turner shall be the city of Ashburn, which is located near the center of said county. Ashburn, county site. SEC. 5. Be it further enacted, That those voters within said new county who are qualified to vote for members of the General Assembly under the registration and election laws now of force in this State shall on the first Wednesday in December, 1905, proceed in accordance with the election laws of force to elect for said county all the county officers authorized by the Constitution of this State. Said election shall be held at Ashburn, the county site. Election of officers for. SEC. 6. Be it further enacted, That the superior court of said new county of Turner shall be held on the second Monday in March and September of each year. 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 18, 1905.

Page 66

TITLE IV. AMENDMENT TO CONSTITUTION. ACTS. Additional Judges of the Superior Courts. ADDITIONAL JUDGES OF THE SUPERIOR COURTS. No. 102. An Act to amend the Constitution of the State by providing that the Legislature shall have authority to add additional judges of the superior court for each judicial circuit, and to regulate the disposition of the business thereof by the judges of such circuits, and to provide for the submission of such constitutional amendment to the people for ratification, and for other purposes. SECTION 1. Be it enacted by the General Assembly, That the Constitution of this State be amended by adding to paragraph 1, section 3 of article 8, the following: The Legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit, or to reduce the number of judges in any judicial circuit; provided, that at all times there shall be at least one judge in every judicial circuit of this State. Amendment to Constitution allowing one or more judges of Superior Courts for each circuit. SEC. 2. Be it further enacted, That whenever the above proposed

Page 67

amendment to the Constitution shall be agreed to by two-thirds of the members elected to each house of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall cause such amendment to be published in at least two newspapers in each congressional district in this State for a period of two months next preceding the time of holding the next general election. Publication of amendment. 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 voting at such election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: For amendment authorizing Legislature to provide additional superior court judges, and all persons opposed to the adoption of such amendment shall have written or printed on their ballots the words: Against amendment authorizing Legislature to provide additional superior court judges. Ratification of amendment. SEC. 4. Be it further enacted, That the Governor 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, and paragraph 1 of section 1 of article 13, and if the amendment is 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 for one insertion of the daily papers of this State announcing such result, and declaring the amendment ratified. Proclamation of ratification. 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 22, 1905.

Page 68

TITLE V. CODE AMENDMENTS. ACTS. Volume 1, section 812, tax returns of corporations, arbitration. Volume 1, section 982, State depository in Swainsboro. Volume 1, section 982, State depository in Donalsonville. Volume 1, section 982, State depository in Claxton. Volume 1, section 982, State depository in Ashburn. Volume 1, section 982, State depository in Nashville. Volume 1, section 1694, oyster beds, preservation of. Volume 1, section 1791, Commissioner of Agriculture, salary of clerk. Volume 2, section 1914, loans to officers of banks, security for. Volume 2, section 2035, deposits by foreign insurance companies. Volume 2, section 2043, deposits by home insurance companies. Volume 2, section 2061, deposits by assessment insurance companies. Volume 2, section 2347, rights-of-way of telephone companies. Volume 2, section 2388, building and loan associations, loans by. Volume 2, section 3251, processioners, returns of. Volume 2, section 5536, Judge's certificate to bill of exceptions. Volume 3, section 495, carcasses of dead animals, disposition of. Volume 3, section 511, rocking or shooting at or in cars. TAX RETURNS OF CORPORATIONS, ARBITRATION. No. 81. An Act to amend section 812 of the Code of 1895 providing for the assessment and arbitration of tax returns of corporations required by law to be made to the Comptroller-General of this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That section 812 of the Code of 1895 be amended as follows: By inserting in the last line of said section, between the words disagreement and and the following: and the award shall be made within thirty days from the date of the appointment of an umpire, and by adding to the end of said section the following

Page 69

sentence: Every arbitrator or umpire chosen or appointed hereunder shall be a citizen of Georgia, so that said section when amended will read as follows: Whenever corporations, companies, persons, agencies, or institutions, are required by law to make returns of property or gross receipts, or business, or income, gross, annual, net or any other kind, or any other return, to the Comptroller-General, for taxation, such return shall contain an itemized statement of property, each class or species to be separately named and valued, or an itemized account of gross receipts, or business, or income, as above defined, or other matter required to be returned, and in case of net income only, an itemized account of gross receipts and expenditures, to show how the income returned is ascertained, and such returns shall be carefully scrutinized by the Comptroller-General, and if in his judgment the property embraced therein is returned below its value, he shall assess the value, within sixty days thereafter, from any information he can obtain, and if he shall find a return of gross receipts, or business, or income, as above defined, or other matters required to be returned as aforesaid, below the true amount, or false in any particular, or in anywise contrary to law, he shall correct the same and assess the true amount, from the best information at his command, within sixty days. In all cases of assessment, or correction of returns, as herein provided, the officer or person making such returns shall receive notice and shall have the privilege, within twenty days after such notice, to refer the question of true value or amount, as the case may be, to arbitratorsone chosen by himself, and one chosen by the Comptroller-Generalwith power to choose an umpire in case of disagreement, and the award shall be made within thirty days from the date of the appointment of an umpire, and their award shall be final. Every arbitrator or umpire chosen or appointed hereunder shall be a citizen of Georgia. Code Sec. 812 amended. Tax returns by corporations to Comptroller-General, how corrected. SEC. 2. Be it enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 70

STATE DEPOSITORY IN SWAINSBORO. No. 637. An Act to amend section 982 of the Code of 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several acts of the General Assembly of the State of Georgia amendatory thereof, so as to add the city of Swainsboro in the county of Emanuel, Georgia, to the list of such cities. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 982 of the Code of Georgia, 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly of Georgia amendatory thereof, be and the same are hereby so amended as to add the city of Swainsboro, in the county of Emanuel, State of Georgia, to the list of such cities. Code Sec. 982 amended State depositories, banks in Swainesboro. 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 22, 1905. STATE DEPOSITORY IN DONALSONVILLE. No. 522. 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 Donalsonville, in the county of Decatur, Georgia, to the list of said cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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

Page 71

thereof be, and the same are, hereby so amended as to add the town of Donalsonville, in the county of Decatur, State of Georgia, to the list of such cities and towns. Code Sec. 982 amended State depositories, banks in Donalsonville. 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 23, 1905. STATE DEPOSITORY IN CLAXTON. No. 535. 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 Claxton, in Tattnall 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 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 Claxton, in Tattnall county, Georgia, to the list of such cities and towns. Code Sec. 982 amended State depositories, banks in Claxton. SEC. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. STATE DEPOSITORY IN ASHBURN. No. 114. 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

Page 72

amendatory thereof, so as to add the city of Ashburn, in the county of Worth, to the list of said cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 982 of the Code of 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 city of Ashburn, in the county of Worth, State of Georgia, to the list of such cities and towns. Code Sec. 982 amended State depositories, banks in Ashburn. 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 22, 1905. STATE DEPOSITORY IN NASHVILLE. No. 458. 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 amendatory thereof, so as to add the city of Nashville, in Berrien county, 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 the authority of the same, That section 982 of volume 1 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly amendatory thereof be, and the same are, hereby amended, so as to add the city of Nashville, in Berrien county, Georgia, to the list of such cities. Code Sec. 982 amended State depositories, banks in Nashville. 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 21, 1905.

Page 73

OYSTER BEDS, PRESERVATION OF. No. 66. An Act to amend section 1694, volume 1, of the Code of 1895, by striking all of said section after the words county commissioners in the 13th and 14th lines of said section. SECTION 1. Be it enacted by the General Assembly of Georgia, that from and after the passage of this act, that section 1694 of volume 1, of the Code of 1895, be amended by striking all of said section after the words county commissioners in the 13th and 14th lines of said section, so that said section when amended shall read as follows: It shall not be lawful to take or catch any oysters in any of the waters of this State with or by a scoop, rake, drag or dredge, or by the use of any other instrument than the oyster tongs heretofore in general use for taking oysters, except within the waters more than one thousand feet distant from the shore line at ordinary mean low tide. Oysters may be taken by any means or device from any private bed by the owner or lessee thereof, and for the purpose of transplanting to other beds in this State from territory unleased within said limits of one thousand feet; but in the last case only upon the consent and approval of the county commissioners for the county within which said territory may be located, or upon the consent and approval of the ordinary for those counties which may have no board of county commissioners. Code Sec. 1694 amended. Oyster beds, preservation of. SEC. 2. Be it further enacted, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Repealing clause. Approved August 22, 1905. COMMISSIONER OF AGRICULTURE, SALARY OF CLERK. No. 4. An Act to amend section 1791 of the Code of 1895, so as to change the salary of the clerk of the Commissioner of Agriculture of the State of Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State

Page 74

of Georgia, and it is hereby enacted by authority of the same, That, from and after the passage of this Act, section 1791 of the Code of 1895 be amended by striking out, in the third line of said section the word twelve and substituting therefor the word eighteen, so that when thus amended said section shall read as follows: The salary of said Commissioner shall be two thousand dollars per annum, and the salary of his clerk shall be eighteen hundred dollars per annum. Code Sec. 1791 amended salaries of Commissioner of Agriculture and of his clerk. 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 21, 1905. LOANS TO BANK'S OFFICERS, SECURITY FOR. No. 89. An Act to amend section 1914 of the Civil Code of Georgia of 1895, regarding loans to their officers by banks or corporations doing a banking business. 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 1914 of volume 2 of the Civil Code of Georgia of 1895 be, and the same is, hereby amended by adding at the end of said section the following words: or other ample security; and when such loan exceeds ten per cent. of the capital stock of the bank it shall not be made until approved by a majority of the directors of the bank, evidenced by their signatures in writing, so that said section when amended shall read as follows: No bank or corporation doing a banking business shall loan to any officer of the bank without good collateral or other ample security; and when such loan exceeds ten per cent. of the capital stock of the bank it shall not be made until approved by a majority of the directors of the bank, evidenced by their signatures in writing. Code Sec. 1914 amended. Loans by bank to its officers. security for. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 75

DEPOSITS BY FOREIGN INSURANCE COMPANIES. No. 82. An Act to amend section 2035 of the Code of Georgia 1895, by inserting between the words valid and and in the sixth line of the said section the words, or bonds of any county or municipality in this State which have been validated under the laws of this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 2035 of the Code of Georgia 1895 be, and the same is, hereby amended by inserting between the words valid and and in the sixth line of said section the words, or bonds of any county or municipality in this State, which have been validated under the laws of this State, so that said section as amended shall read as follows: All fire, marine and inland insurance companies, chartered by other States or foreign government, shall be required to deposit with the Treasurer of this State, bonds of the United States, or bonds of this State which according to the Acts and resolutions of the General Assembly are valid, or bonds of any county or municipality in this State, which have been validated under the laws of this State, and which amount, according to their face value, to twenty-five thousand dollars, which bonds shall be receipted for by the State Treasurer, and especially deposited by him in the vaults of the Treasury, and whenever such company ceases to do business in this State, and has settled up all claims against it as hereinafter provided, said bonds shall be delivered up to the proper party on presentation of the Treasurer's receipt. While said bonds are so deposited the owners of the same shall, subject to the notices hereinafter provided for or given, be entitled to collect the coupons and use them. For the bonds so deposited the faith of the State is pledged that they shall be returned to the parties entitled to receive them, or disposed of as hereinafter provided. Code Sec. 2035 amended. Deposits by foreign insurance companies. 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 22, 1905.

Page 76

DEPOSITS BY HOME INSURANCE COMPANIES. No. 42. An Act to amend section 2043 of the Code of Georgia, with reference to the deposit required to be made by life insurance companies chartered under the laws of Georgia so as to provide that such deposits shall be made with the State Treasurer instead of with the Insurance Commissioner. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 2043 of the Code of Georgia be, and the same is, hereby amended by striking the words, Insurance Commissioner of this State, or with some strong corporation which may be approved by him in the third and fourth lines of said section, and insert in lieu thereof the words, Treasurer of this State, Also amend by striking the word him in the fifth line of said section and insert in lieu thereof the words Insurance Commissioner of this State. Code Sec. 2043 amended. Also amend by striking the words Insurance Commissioner, or corporation from the tenth and eleventh lines of said section and insert in lieu thereof the words the Treasurer. Also amend by striking the word whose in the thirteenth line of said section and insert in lieu thereof the words the Treasurer's, so that said section when amended shall read as follows: All such companies chartered by the State of Georgia shall before doing business in this State deposit with the Treasurer of this State one hundred thousand dollars, in such securities as may be deemed by the Insurance Commissioner of this State equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit. All interest and dividends arising from such securities to be paid when due to the company so depositing them. Any such securities as may be needed by the company may be taken from the Treasurer, at any time, by replacing them with other securities equally acceptable to the Insurance Commissioner. The Treasurer's certifificate for the same shall be furnished to the company. Guarantee fund of Home Insurance Companies. SEC. 2. Be it enacted further, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 77

DEPOSIT BY ASSESSMENT INSURANCE COMPANIES. No. 138. An Act to amend an Act approved December 20, 1901, amending section 2061 of the Civil Code of 1895, relative to requirements of assessment insurance companies providing more definitely for the amount of deposit. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the following words in said Act, to wit, Provided, that all such corporations or associations, organized under the laws of this or any other State or county, shall deposit with the Treasurer of this State stock or bonds approved by that officer in an amount equal to twenty thousand dollars, market value; and hereafter such corporations shall at the time of filing its annual statement, deposit in like securities with said Treasurer the sum of one thousand dollars on each million dollars of insurance in force on the last day of the last calendar year, as shown by its last annual statement, until the sum so deposited shall be equal to one hundred thousand dollars, be, and the same are, hereby stricken, and in lieu thereof the following words be, and the same are, hereby inserted, to wit: Code Sec. 2061 amended. Provided, That all such corporations and associations, organized under the laws of this or any other State or country, shall deposit with the Treasurer of this State stock or bonds approved by that officer in an amount equal to twenty thousand dollars, par value, and of not less than twenty thousand dollars, market value; so that said Act and said section 2061 of the Code, when amended, shall read as follows: It shall not be lawful for any corporation or association, organized under the laws of this or any other State of the United States for the purpose of furnishing life indemnity or insurance upon the assessment plan by its agents, to do any business in this State until such corporation or association shall deposit with the Insurance Commissioner of this State a certified copy of its charter or articles of incorporation, a copy of its statement of business for the year ending the thirty-first day of the next preceding December, sworn to by the president or secretary, or like officer thereof, setting forth the number and amount of certificates of membership

Page 78

or policies in force and a detailed account of its expenditures, income, assets and liabilities, and also a certificate sworn to by the president and secretary or like officer thereof, setting forth that it has paid, and has the ability to pay, its certificates or policies to the full limit named therein; that its certificates or policies are payable only to the beneficiaries having a legal insurable interest in the life of the member or the insured; that an ordinary assessment upon its members is sufficient to pay its maximum certificate of membership or policy theretofore or thereafter to be issued to the full amount or limit named therein, a certificate from the Insurance Commissioner, or other like officer, charged with the duty of executing or enforcing the execution of insurance laws of its home State, certifying that it is legally entitled to do business in said home State; a copy of the application for membership or insurance and of each form thereof, if more than one form is used; a copy of the constitution and bylaws, and of each and every addition thereto, which must show that all indemnities to beneficiaries are in the main provided for by assessments upon all surviving members. And whenever said company shall fail to pay a valid claim to the full limit named in any policy issued by them to any resident of this State, the Insurance Commissioner shall revoke their authority to do business in this State; Assessment insurance companies. Requirements. Provided, That all such corporations or associations, organized under the laws of this or any other State or country, shall deposit with the Treasurer of this State stock or bonds approved by that officer in an amount equal to twenty thousand dollars, par value, and of not less than twenty thousand dollars, market value; provided, however, that industrial associations or assessment life insurance companies doing business on the industrial or weekly payment plan, and issuing no policies for an amount greater than five hundred dollars, shall be required to deposit a sum equal to one thousand dollars for each one million dollars in force, and thereafter such industrial associations or assessment life insurance companies doing business upon the industrial or weekly payment plan, and issuing a policy for no greater amount than five hundred dollars, shall be required to deposit a sum not less than one thousand dollars in each million dollars of insurance in force on the last day of the last calendar year, as shown by its annual statement, until the sum so deposited shall be equal to one hundred thousand dollars. The security so deposited shall be held in trust for the benefit and protection of, and as security for, the policy-holders of such corporation or association, their legal

Page 79

representatives and beneficiaries. That corporation or association organized under the laws of other States or countries shall not be required to make such deposit, provided the corporation or association desiring to do business in this State shall make it appear to the satisfaction of said Insurance Commissioner that it has on deposit with the proper State official in the State or country of its incorporation a like amount of securities as is required under the terms of this Act, and which are held by said authority in trust for the benefit and protection of, and as security for, the policy-holders of such corporations or associations, their legal representatives or beneficiaries. Said securities shall so remain on deposit until it has been made to appear to the satisfaction of said Insurance Commissioner of this State that all the debts and obligations of said company or association due the citizens of this State have been discharged, or, in case of non-resident companies, that, after making deposit, or similar deposit has been made with the proper State officials in the State or country of its corporation, said securities shall be subject to the debts due policyholders and beneficiaries under the same rules and regulations as govern the deposits required to be made by fire insurance companies under the laws of this State, in so far as the same may be applicable. Companies or associations now organized under the assessment life insurance laws of this State shall not be required to make such deposits for and during the year 1901; but said companies may make such deposits for and during said year if they so elect. Deposits. 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 23, 1905. RIGHTS OF WAY OF TELEPHONE COMPANIES. No. 76. An Act to amend section 2347 of the Code of Georgia of 1895, so as to provide that telephone or telephone and telegraph companies shall have the privileges and powers conferred by said section upon telegraph companies; and to provide, further, that said telegraph companies and telephone companies, or both, shall have the right to construct and maintain their lines

Page 80

upon the public highways of the State; and to confer upon such companies the right of eminent domain, and by prescribing the conditions under which the right of eminent domain may be exercised by telephone companies, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2347 of the Code of 1895, relating to the construction of telegraph lines, be amended by inserting between the words telegraph and company on the first line of said section the words or telephone, and by inserting between the word States on the second line of said section and the word upon on the third line of the same the words shall have the right to construct, maintain and operate telegraph and telephone lines, or both, upon, under, along and over the public highways of this State with the approval of the county or municipal authorities in charge of such highways and; and by inserting between the words telegraph and lines on the fourth line of said section, the words or telephone, and by inserting between the words line and through in the fourth line of said section the words, or both, and by inserting between the words State and provided, in the seventh line of said section, the words, and to that end may have and exercise the right of eminent domain, and by inserting between the words such and railroads in the ninth line of said section the words, public highways, and by adding after the word unavoidable on the tenth line of said paragraph the words: provided, that when it is necessary for such company or companies to exercise the right of eminent domain, they shall proceed in the same manner as heretofore provided by law for the exercise of such right of eminent domain by telegraph companies, and further provided that no corporation, person or partnership shall have the [Illegible Text] of this Act until it has filed with the Railroad Commissioner of the State of Georgia its, his or their consent that the said Railroad Commission shall have jurisdiction over said person, partnership or corporation for the purpose of regulating tolls charge on long-distance messages originating and ending within the State of Georgia, and rents or tolls for use of the telephone line of said person, partnership or corporation, in so far as the [Illegible Text] are used for conducting the intrastate business of the said [Illegible Text] partnership or corporation. And all the powers given [Illegible Text] the said Commissioners over telegraph companies in the [Illegible Text]

Page 81

and all the penalties prescribed against telegraph companies, or persons operating telegraph companies, are hereby declared to be of force against corporations, companies and person or persons controlling, owning or operating a line or lines of telephone companies doing business in this State, whose line or lines is or are wholly or in part in this State, so far as said provisions can be made applicable to corporations, person or persons controlling, owning or operating a telephone line or lines, but these provisions shall apply only to such persons, partnerships or companies owning, operating or controlling the telephone companies who have accepted the benefits of the provisions of this Act. Provided, that all laws fixing the method in which telegraph poles, posts, fixtures or wires shall be set up, are made applicable to all telephone companies doing business in the State of Georgia, and that all liabilities fixed against telegraph companies for damages resulting from a failure to properly set up its fixtures, posts or wires along any highway or railroad, shall be, and are, hereby made applicable to all telephone companies doing business in the State of Georgia. Provided, further, that any lines constructed on the right of way of any railroad company shall be relocated to conform to any uses and needs of said railroad company for railroad purposes, so that said section, when amended, shall read as follows, to wit: Section 2347. Construction of telegraph lines. Any telegraph or telephone company, chartered by the laws of this or any other State of the United States, shall have the right to construct, maintain and operate telegraph and telephone lines, or both, upon, under, along and over the public highways of this State, with the approval of the county or municipal authorities in charge of such highway; and upon making due compensation, shall have the right to construct, maintain and operate telegraph or telephone lines, or both, through or over any lands of this State, and on, along and upon the right of way and structures of any railroads, and, where necessary, under or over any private lands in this State, and to that end may have and exercise the right of eminent domain; provided, that the posts, arms, insulators and other fixtures of such lines be so erected, placed and maintained as not to obstruct or interfere with the ordinary use of such public highways, railroads, or with the convenience of any landowners, more than may be unavoidable. Provided further, that where it is necessary for such companies to exercise the right of eminent domain, they shall proceed to exercise the same in the same manner as heretofore provided by law for the exercise of such right of eminent domain by telegraph

Page 82

companies; and further provided, that no corporation, person or partnership shall have the benefit of this Act until it has filed with the Railroad Commission of the State of Georgia, its, his or their consent that the said Railroad Commission shall have jurisdiction over said person, partnership or corporation for the purpose of rgulating tolls charged on long-distance messages originating and ending within the State of Georgia, and rents or tolls for use of the telephone lines of said person, partnership or corporation, in so far as the same are used for conducting the intrastate business of the said person, partnership or corporation. And all the powers given to the said commissioners over telegraph companies in this State, and all the penalties prescribed against telegraph companies, or persons operating telegraph companies, are hereby declared to be of force against corporations, companies and person or persons controlling, owning or operating a line or lines of telephone companies doing business in this State, whose line or lines is or are wholly or in part in this State, so far as said provisions can be made applicable to corporations, person or persons controlling, owning or operating a telephone line or lines, but these provisions shall apply only to such persons, partnerships or companies owning, operating or controlling the telephone companies who have accepted the benefits of the provisions of this Act; provided that all laws fixing the method in which telegraph poles, posts, fixtures or wires shall be set up, are made applicable to all telephone companies doing business in the State of Georgia, and that all liabilities fixed against telegraph companies for damages resulting from a failure to properly set up its fixtures, posts or wires along any highway or railroad, shall be, and are, hereby made applicable to all telephone companies doing business in the State of Georgia; provided, further, that any lines constructed on the right of way of any railroad company shall be relocated to conform to any uses and needs of said railroad company for railroad purposes. Code Sec. 2347 amended. Telegraph and telephone companies, rights of way of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 83

BUILDING AND LOAN ASSOCIATIONS, LOANS BY. No. 7. An Act to amend section 2388 of the Code of Georgia of 1895, so as to extend the provisions of said section to rural lands, 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 2388 of the Code of Georgia of 1895, be, and the same is, hereby amended as follows, to wit: By striking out in the ninth line of said section the following words: Cities or towns and their suburbs, and inserting in lieu thereof the word County, so that said section, when amended, shall read as follows: All building and loan associations, and other like associations doing business in this State, are authorized to lend money to persons not members thereof, nor shareholders therein, at eight per cent. or less, and to aggregate the principal and interest at the date of the loan for the entire period of the loan, and to divide the sum of the principal and the interest for the entire period of the loan into monthly or other installments, and to take security by mortgage with waiver of exemption, or title, or both, upon and to real estate situated in the county in which said building and loan association may be located. Code Sec. 2388 amended. Loans by Loan and Building Associations. SEC. 2. Be it likewise enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. PROCESSIONERS, RETURNS OF. No. 28. An Act to amend section 3251 of volume 2, of the Code of 1895, by inserting after the word Acts, and before the word together, in line 2 of said section, within thirty days, and for other purposes.

Page 84

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 3251 of volume 2, of the Code of 1895, be amended by inserting after the word Acts, and before the word together, in line two of said section, within thirty days, so that said section, when amended, shall read as follows: The processioners shall make a return of their acts within thirty days together with the plat of the surveyor, to the ordinary of the county, to be kept on file in his office. Code Sec. 3251 amended. Processioners, returns of. SEC. 2. That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. JUDGE'S CERTIFICATE TO BILL OF EXCEPTIONS. No. 406. An Act to amend paragraph 1, of section 5536, of the Civil Code of 1895. SEC. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That paragraph 1 of section 5536 of the Civil Code of 1895 be, and the same is, hereby amended by adding to said paragraph, at the end thereof, the following words, to wit: And if from the main or cross bill of exceptions, in any case in which no brief of evidence is made and filed as a part of the record, there is omitted any material evidence, and the judge trying the case having inadvertently certified said bill of exceptions as true, then within twenty days from the date of passage of this Act as to cases now pending, and within twenty days from the date of service of bill of exceptions in all future cases, the trial judge may, on his motion, make a supplemental certificate of the evidence so omitted, and said supplemental certificate, together with the evidence so certified, shall form a part of said original main or cross bill of exceptions, and be so considered by the Supreme Court, and immediately upon the filing of said supplemental certificate with the clerk, he shall transmit same to the Supreme Court in same manner as is now provided for with reference to transmission of bills of exception. So that said paragraph 1 of said section, when amended, shall read as follows, to wit: If defendant in error,

Page 85

in either the main or cross bill of exceptions, shall desire more of the evidence or other parts of the record, or all of the evidence, or all of the records sent up, he shall, within twenty days after the bill of exceptions is served on the defendant, or his attorney, petition the judge who signed the same to order the whole or any part of the record sent up by the clerk, and the judge shall order the same certified accordingly and sent up. And if from the main or cross bill of exceptions, in any case in which no brief of evidence is made and filed, as a part of the record, there is omitted any material evidence, and the judge trying the case, having inadvertently certified said bill of exceptions as true, then, within twenty days from the date of passage of this Act as to cases now pending, and within twenty days from the date of service of bill of exceptions in all future cases, the trial judge may, on his motion, make a supplemental certificate of the evidence so omitted, and said supplemental certificate, together with the evidence so certified, shall form a part of said original main or cross bill of exceptions, and be so considered by the Supreme Court, and immediately upon the filing of said supplemental certificate with the clerk he shall transmit same to the Supreme Court in the same manner as is now provided for with reference to transmission of bills of exception. Code Sec. 5536 amended. Additional record and additional evidence in cases in Supreme Court, how certified and transmitted. Approved August 22, 1905. CARCASSES OF DEAD ANIMALS, DISPOSITION OF No. 14. An Act to amend section 495 of the Penal Code of 1895, by striking from said section, in the third line thereof, the word sixty, and substituting therefor the word one, and by adding certain words to said section. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 495 of the Penal Code of 1895 be amended as follows: By striking out of said section, in the third line thereof, the word sixty, and inserting in lieu of said word so stricken the word one, and by adding at the end of said section the following, and shall only apply where the dead animal is within two miles of the residence of the owner thereof, so that said section,

Page 86

when amended, shall read as follows: The provisions of the two preceding sections shall be of force only in counties in which there then is a city of one thousand or more inhabitants, according to the last federal census, and shall only apply where the dead animal is within two miles of the residence of the owner thereof. Penal Code Sec. 495 amended. Carcasses of dead animals, disposition of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. ROCKING OR SHOOTING AT OR IN CARS. No. 35. An Act to amend section 511 of volume 3, of the Code of 1895, so that said section, when so amended, shall prescribe the punishment for rocking or shooting at or in cars as a felony, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That section 511, volume 3, of the Code of Georgia, be amended by striking out, at the end of said section, the words, shall be guilty of a misdemeanor, and inserting in lieu thereof the words, shall be punished with confinement in the penitentiary from one to five years, unless the jury trying the case shall recommend the prisoner to mercy; in which event he shall be punished as for a misdemeanor, so that said section, when so amended, shall read as follows: Any person who shall throw a rock or other missile at, towards or into any car of any passenger train upon any railroad or street railroad, or shoot any gun, pistol or firearms of any kind at, towards or into any such car, or shoot while in such car, any gun, pistol or other weapon of any kind, shall be punished by confinement in the penitentiary from one to five years, unless the jury trying the case shall recommend the prisoner to mercy; in which event he shall be punished as for a misdemeanor; providing that the provisions of this Act shall apply to freight or passenger trains. Penal Code Sec. 511 amended. Rocking or shooting at or in cars. 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 23, 1905.

Page 87

TITLE VI. SUPERIOR COURTS. ACTS. Superior Court, Judge disabled, another judge assigned. Superior Court of Bibb county, terms of. Superior Court of Fulton county, terms of. Superior courts, salaries of judges. Superior courts, bailiffs of, salaries of. SUPERIOR COURT, JUDGE DISABLED, ANOTHER JUDGE ASSIGNED. No. 2. An Act to provide for holding regular or adjourned terms of the superior courts in the several counties in this State, when the judge of the circuit in which such counties are located is, by sickness, or other disability, prevented from holding such terms of the court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That whenever, after the passage of this Act, it shall be made satisfactorily to appear to the Governor that any regular term of the superior court, as fixed by law, in any county in this State, will not be holden or continued in session because of the bodily or mental sickness or other disability of the judge of the superior court of the circuit in which such county is located, and when it shall likewise be made to appear that any adjourned term of the superior court, in any county, for like causes, will not be holden, or continued in session, then, and in that event, it shall be the duty of the Governor to name and assign a judge of the superior courts of some other circuit than the one in which such

Page 88

county may be located to proceed to said county, and hold said regular or adjourned term of said court; provided that no judge shall be named or assigned to hold such court when the time fixed for holding the same shall conflict as to the time fixed by law for the holding of any regular or adjourned term already called by him in his circuit. Superior Court, judge disabled, another judge assigned. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of any judge of the superior courts of this State, when so named and assigned by the Governor, to proceed to the county where such court is to be holden, and to open and hold the same in the manner prescribed by law or the order of the presiding judge of that circuit in the calling of a special or adjourned term. Judge assigned duty of. SEC. 3. Be it further enacted by the authority aforesaid, That the actual expenses of the judge thus holding a court outside of his circuit by direction of the Governor, including cost of transportation and hotel bills, shall be by the Governor paid to such judge out of the contingent fund. Expenses of. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. SUPERIOR COURT OF BIBB COUNTY, TERMS OF. No. 540. An Act to provide for holding four terms a year of the superior court of Bibb county, and to prescribe the time for holding the same, and for other purposes. SECTION 1. Be it enacted, That from and after the passage of this Act there shall be held in each year four terms of the superior court in and for the county of Bibb, in the Macon circuit. Bibb Superior Court, terms of. SEC. 2. Be it further enacted, That the terms of said court shall be held on the third Monday in January, third Monday in April, third Monday in July, and the first Monday in November in each year. Bibb Superior Court, terms of. SEC. 3. Be it further enacted, That the judge shall only draw a grand jury for the April and November terms of said court; provided that the presiding judge, in his discretion, may require

Page 89

the attendance of the grand jury at the January and July terms, or either of them, if the business of the court should require it; but the duties of said grand jury shall not require them to perform any other service than they shall be by the presiding judge especially charged with. Grand juries. 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 21, 1905. SUPERIOR COURT OF FULTON COUNTY, TERMS OF. No. 148. An Act to change the terms of Fulton superior court, to create new and additional terms therefore, 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 superior court of Fulton county shall have six terms in each year, the first term, beginning with the year 1906, to begin on the first Monday in January, the second term to begin on the first Monday in March, the third term to begin on the first Monday in May, the fourth term to begin on the first Monday in July, the fifth term to begin on the first Monday in September, and the sixth term to begin on the first Monday in November. Fulton Superior Court, terms of. SEC. 2. Be it further enacted, that all cases brought in the superior court of Fulton county, shall be made returnable to the term beginning after twenty days have elapsed from the filing of the suit, and all cases shall be triable at the next term after such return term. Return and trial terms. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1905.

Page 90

SUPERIOR COURTS, SALARIES OF JUDGES. No. 848. An Act to amend an Act entitled an Act to regulate the salaries of judges of the superior courts of all judicial circuits of this State having therein a city with a population of not less than 34,000 nor more than 75,000, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved August 6th, 1904, be amended by striking out of the fifth line of said Act the words 54,000, and inserting in lieu thereof 34,000, and by adding after the figures 75,000 the words according to the United States census of 1900, so that said Act, when amended, shall read as follows: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That judges of the superior courts of all judicial circuits which are now or may be hereafter established in this State, having therein a city of not less than 34,000 nor more than 75,000, according to the United States census of 1900, shall receive a salary of $5,000 per year, the difference in amount between the sum paid said judges out of the treasury of the State, and said five thousand dollars to be paid out of the treasury of the counties in which said cities are located, as other court expenses of said counties are paid. Salaries of judges of Superior Courts in certain circuits. 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 August 15, 1905. SUPERIOR COURTS, SALARIES OF BAILIFFS OF. No. 419. An Act to amend an Act approved December 12, 1892, and amended and approved November 25, 1893, and December 1, 1893, entitled an Act to authorize the judges of the superior courts in this State to appoint a special bailiff in counties containing a city of sixty thousand population or more, to define

Page 91

the terms of service and duties of said bailiff, to fix his compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That section (1) one of said amendment approved December 1, 1893, be, and the same is, hereby amended by striking out the words sixty-five, in the fifth line of said section, and inserting in lieu thereof the words seventy-five, so that said section (1) one, when amended, shall read as follows: Special bailiffs, salaries of in certain counties. SECTION 1. Be it further enacted, That said special bailiff shall receive as compensation for his services the sum of seventy-five dollars per month during his term of office, and the same shall be paid out of the county treasury upon the order of the commissioners of roads and revenues for said county, or in absence of such commissioners upon the order of the ordinary. 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 August 19, 1905.

Page 92

TITLE VII. MISCELLANEOUS. ACTS. Members of Legislature, leave of absence to by courts. Attorney-General, salary of. Secretary of Railroad Commission, salary of. Industrial Life Insurance defined and regulated. Stenographers of City Courts, compensation of. Stenographers of Judicial Circuits, compensation of. Judges of City Courts, salaries of. Banks, liens against for collaterals. Revival of debts discharged in bankruptcy. Proceedings to perfect title to real estate. Affidavits made out of this State, effect of. County site changed, courts where held. Embalmers exempt from jury duty. Transcripts of records for Supreme Court, cost of. Sheriffs required to keep dogs. County auditors, duties and compensation. Mexican cotton boil weevil, protection against. Vagrancy, definition of and prosecution for. Primary elections, buying votes in. Game and fish, protection of. Captains of steamboats, given police powers. Drunkenness in public places, prohibited. Surf bathers, protection of. Gifts or grants to municipalities or trustees. Jones county, county site changed from Clinton to Gray. Railroad Commission, powers of. Veterinary surgeon, appointment, etc. Confederate soldiers and widows of, census of. Commissioner of Pensions, salary of clerk. Tybee Beach Company, its title to King or Lazaretto tract. Hire of felony convicts, disposition of. Georgia State Reformatory, established. Stock law, or For fence, elections for. Confederate soldiers and widows of, pensions of. Military forces of State reorganized. Colored troops retired from State Militia.

Page 93

MEMBERS OF LEGISLATURE, LEAVE OF ABSENCE TO BY COURTS. No. 533. An Act to make it the duty of the judge to continue any case in any court of this State when any party thereto, or his leading attorney shall, when such case is reached, be absent from said court by reason of his attendance as a legislator upon the General Assembly, to provide that any person summoned to serve as a juror in any court of this State shall be excused from such service during his absence from said court by reason of his attendance as a legislator upon the General Assembly, and to provide that any person summoned as a witness in any case in the courts of this State shall be excused from attendance on such court when his absence is caused by his attendance as a legislator upon the General Assembly, and to provide for the taking out of interrogatories for such absent witness in civil cases, as provided by law. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be the duty of the judge of any court of this State to continue, on or without motion, any case in such court when any party thereto or his leading attorney shall, when such case is reached, be absent from said court by reason of his attendance as a legislator on the General Assembly, unless such party in such absence of his leading attorney or such leading attorney in such absence of such party shall, on the call of such case, announce ready for trial. Cases continued, in which party or counsel is attending as a member a session of General Assembly. SEC. 2. Be it further enacted, That any person summoned to serve as a juror in any court of this State shall be excused from such service during his absence from such court when such absence is caused by his attendance as a legislator upon the General Assembly. Members of Legislature excused as jurors. SEC. 3. Be it further enacted, That any person summoned to serve as a witness in any case in the courts of this State shall be excused by the judge from attendance on such courts during his absence from such court by reason of his attendance as a legislator upon the General Assembly, and in all criminal cases in the courts of this State it shall be the duty of the presiding judge, on motion of either the State or defendant, to continue such

Page 94

case when it shall appear that a material witness is absent from such court by reason of his said attendance upon the General Assembly; and it is further provided that in all civil cases in the courts of this State, it shall be the right of either party thereto to have taken the interrogatories as provided by law of any person desired to be used as a witness in such case, and who is a member of the General Assembly when the session of the General Assembly conflicts with the session of the court in which such case is to be tried; provided that the provisions of this act shall not apply to the Supreme Court of this State. Members of Legislature excused as witnesses. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Repealing clause. Approved August 23, 1905. ATTORNEY-GENERAL, SALARY OF. No. 25. An Act to fix the salary of the Attorney-General of Georgia. WHEREAS, The Constitution of the State of Georgia, article 6, section 13, paragraph 1, prescribes that the salary of the Attorney-General shall be two thousand dollars per annum, until otherwise provided by law, passed by a two-thirds vote of both branches of the General Assembly; and, Attorney-General, salary of. WHEREAS, At the adoption of the Constitution this provision might have been adequate in view of the duties then imposed upon this officer and the cost of maintenance and support at that time; and, WHEREAS, The cost and expenses of living have increased, and the duties of the office have been greatly multiplied on account of the increased population and wealth with extended legislation, etc., since 1877, thus rendering the salary of that officer inadequate to command the responsible service of such an officer; 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 at the expiration of the present term of the Attorney-General of this State, the salary of that officer be, and the same is, hereby fixed at the sum of three thousand dollars per annum.

Page 95

Be it further 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 22, 1905. SECRETARY OF RAILROAD COMMISSION, SALARY OF. No. 220. An Act to amend an Act entitled an Act to provide for the regulation of railroad freight and passenger tariffs and the location and building of passenger and freight depots in this State, to prevent unjust discrimination in the rates charged for transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and to prescribe a mode of procedure and rules of evidence in relation thereto, and to appoint commissioners and to prescribe their powers and duties in relation to the same, by striking the word twelve, in the second line of the second section thereof as amended, and substituting therefor the word eighteen, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That section 2 of the above entitled Act, approved October 14, 1879, and amended by an Act approved August 31, 1891, is hereby amended by striking the word twelve, in the second line of said section 2, as amended, and substituting in lieu thereof the word eighteen so that said section, when amended, will read as follows: Secretary of Railroad Commission, salary of. SEC. 2. That said commissioners shall be furnished with an office, necessary furniture and stationery, and may employ a secretary or clerk at a salary of eighteen hundred dollars at the expense of the State. The office of said commissioners shall be kept in Atlanta, and all sums of money authorized to be paid by this Act out of the State treasury shall be paid only on the order of the Governor; provided that the total sum to be expended by said commissioners for office rent, furniture and stationery shall,

Page 96

in no case, exceed the sum of eight hundred ($800) dollars, or so much thereof as may be necessary, per annum. 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 21, 1905. INDUSTRIAL LIFE INSURANCE DEFINED AND REGULATED. No. 59. An Act to define and regulate the business of industrial life insurance; to provide the manner in which corporations, associations, societies or fraternal orders doing the business of industrial life insurance shall be authorized to do business in this State; to provide for the making of a deposit by such corporations, associations, societies or fraternal orders as a condition precedent to doing business in this State, and to fix the amount thereof; and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That industrial life insurance is hereby defined to be that insurance for which the stipulated premiums, advance assessments or dues are regularly payable and collectable weekly or bi-weekly, and the policies or benefit certificates for which are for sums of not more than five hundred dollars on a single life, and which policies or benefit certificates may provide a weekly benefit for disability, caused by sickness or accident, not greater than twenty dollars per week. Industrial life insurance defined. SEC. 2. Be it further enacted by the authority aforesaid, That all corporations, associations, relief organizations, societies or fraternal orders, with or without capital stock, and having or not having a ritualistic form of government, whether operating under the present insurance laws as insurance companies, or operating under the laws governing fraternal beneficiary orders, and issuing policies or benefit certificates and conducting their business in the manner and within the meaning and definition set forth in section 1 of this Act, shall be held and deemed to be doing an industrial life insurance business, and shall be subject to this Act and all the other laws of this State not repugnant

Page 97

to this Act, regulating the business of life, health and accident insurance in this State. Companies of that character. SEC. 3. Be it enacted by the authority aforesaid, That any corporation, association, society or fraternal order organized under the laws of this State, whether organized upon the mutual assessment plan or as a stock company, for the purpose of doing the business of industrial life insurance, as in this Act defined, shall, before commencing to do business in this State, comply with the laws of this State regulating the manner in which other insurance companies shall be authorized to do business in this State, except that the deposit, required of companies operating upon the plan and according to the manner specified in sections 1 and 2 of this Act, shall be five thousand dollars, to be made in such securities as are required of such other insurance companies as are now required to make a deposit in this State; and such deposit shall be made prior to or on the first day of January, 1906. Requirements. SEC. 4. Be it further enacted, That any corporation, association, society or fraternal order, organized under the laws of any other State upon the mutual assessment plan, or as a stock company, for the purpose of doing the business of industrial life insurance, as in this Act defined, shall be authorized to do business in this State upon complying with the other laws of this State regulating the manner in which foreign insurance companies shall be authorized to do business in this State, and filing with the Insurance Commissioner of this State a certificate from the officer having supervision of the insurance department of the State under the laws of which such corporation, association, society or fraternal order was chartered or elects to make its deposit, that such corporation, association, society or fraternal order has deposited with said State a sum of not less than five thousand dollars in such securities as are required to be deposited by insurance companies. Deposits by. SEC. 5. Be it further enacted, That the provisions of this Act shall, in no way, apply to any company, association, organization or society which does not collect its premiums or dues weekly or bi-weekly, but any company, association, organization, society or fraternal beneficiary order, with or without a ritualistic form of government, which collects its dues or premiums weekly or bi-weekly, and which for purpose of securing business or members, and for collection of premiums, dues or assessments employs paid agents, collectors or solicitors, shall come under the provisions of this Act. Companies subject to this Act.

Page 98

SEC. 6. Be it further enacted, That no law, hereafter passed, shall be held or deemed to refer to the business of industrial life insurance, unless the same is expressly referred to in said law. 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 22, 1905. STENOGRAPHERS OF CITY COURTS, COMPENSATION. No. 448. An Act providing compensation to stenographic reporters of all city courts in counties of this State having, or that may hereafter have, therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants for stenographic services in misdemeanor cases, to be payable out of the treasury of the counties in which such cities are located, and for other purposes. SECTION 1. Be it enacted, That from and after the passage of this Act the compensation of the stenographic reporters of all the city courts in counties of this State which now have, or may hereafter have, therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants, shall be on the basis of fifteen dollars per diem for services rendered in such misdemeanor cases as are directed by the judges of said city courts to be reported. Such compensation to be paid out of the treasury of such counties as other court expenses are paid. The transcript of such evidence to be furnished without cost, when deemed necessary by the judges of said city courts. Stenographers of city courts, compensation 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 August 23, 1905.

Page 99

STENOGRAPHERS OF JUDICIAL CIRCUITS, COMPENSATION OF. No. 496. An Act to regulate the salaries of stenographic reporters of all the judicial circuits of this State having, or that may hereafter have, therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants, and of those counties which have therein cities of not less than 23,000 nor more than 39,000 inhabitants, and for other purposes. SECTION 1. Be it enacted, That from and after the passage of this Act the compensation of the stenographic reporter in all the judicial circuits which are now, or may hereafter be, established in this State, having therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants, shall be the sum of one hundred and fifty dollars per month, such compensation to be in full for all services of any kind properly chargeable to, and to be paid out of, the treasury of the counties in which said cities are located as other court expenses are paid. Stenographers of judicial circuits, compensation of. SEC. 2. Be it further enacted, That in all counties in this State having cities with a population of not less than 23,000 nor more than 39,000 inhabitants, according to the last United States census, the compensation of the stenographic reporter of the judicial circuits in which said cities are situated shall be the sum of one hundred and twenty-five dollars per month, such compensation to be in full for all services of any kind properly chargeable to, and to be paid out of, the treasury of the counties in which said cities are located, as other court expenses are paid; and in all such counties as are in this section described, the said stenographic reporter shall turn over monthly to the county treasurer of said counties all moneys collected by him for reporting and transcribing all civil cases and all misdemeanor cases which may be so reported and transcribed in the superior court of said county, a monthly report to be made by him in writing to the county commissioners of said counties of all such moneys so collected and paid over by him, the said moneys to become a part of the county fund. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 16, 1905.

Page 100

JUDGES OF CITY COURTS, SALARIES OF. No. 485. An Act to fix the salary of the judges of the city courts of the State in counties where there are cities having a population of not less than 39,000 nor more than 75,000, to provide for the payment of such salary, 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 judge of the city courts in all counties having therein a city with a population of not less than 39,000 nor more than 75,000, according to the United States census of 1900, shall have an annual salary of $5,000, payable in monthly installments, out of the treasury in such counties in the same manner as the judges of said court are now paid. The salary herein provided for shall cover all duties incident to, or connected with, the office of judge of the city courts of the State, whether said duties are provided for in local or general Acts. Judges of city courts, salaries 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 as far as they conflict. Repealing clause. Approved August 15, 1905. BANKS, LIENS AGAINST FOR COLLATERALS. No. 90. An Act to create a lien against the assets of banks in this State in favor of such parties as hold receipts for paper sent to banks for collection, when such collections are intended to be remitted to the holder of the receipt to be credited on debts due to such holder by the bank. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of same, That from and after the passage of this Act, when any bank is indebted to any other party and shall deposit with such party any commercial paper and

Page 101

collateral for its debt, and such collateral paper shall be afterwards sent back to the bank to be collected and the funds to be remitted by the bank to the creditor; when such creditor shall hold the bona fide receipt of the bank for such paper to be collected for such purposes, the holder of such receipt from the bank shall after any such collections are made, but not remitted, have a lien against the assets of the bank to the extent of such funds as are actually collected by the bank, and such lien shall rank with other liens according to date, and shall attach from the date of the collection of any such funds by such bank. Liens against banks for collections on collaterals. 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 22, 1905. REVIVAL OF DEBTS DISCHARGED IN BANKRUPTCY. No. 20. An Act to regulate the revival of debts discharged in bankruptcy, 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, no promise made after discharge in bankruptcy to pay a debt provable in bankruptcy, and from the liability of which the debtor was discharged, shall be valid or binding upon such debtor or promisor unless the same shall have been made in writing, signed by the party making the same, or to be charged therewith, or by some one by him duly authorized. Debts discharged in bankruptcy, how revived. 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 22, 1905.

Page 102

PROCEEDINGS TO PERFECT TITLE TO REAL ESTATE. No. 105. An Act to provide that in all proceedings quia timet or to remove clouds upon titles to real estate arising in any of the courts of this State, the relief sought shall not, in a proper case made, be denied to any suitor solely upon the ground that the invalidity of the instrument sought to be cancelled as a cloud upon title appears upon the face of the instrument; but said relief shall in a proper case made be granted to any suitor irrespective of whether the invalidity of the instrument sought to be cancelled appears upon the face of such instrument, or whether such invalidity appears or arises solely from facts outside of or dehors said instrument; to provide that in all such cases arising under the terms of this Act the costs in same shall be taxed against the parties to the suit in the discretion of the 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 from and after the passage of this Act, in all proceedings quia timet or to remove clouds upon titles to real estate arising in any of the courts of this State, the relief sought shall not, in a proper case made, be denied to any suitor solely upon the ground that the invalidity of the instrument sought to be cancelled as a cloud upon title appears upon the face of the instrument; but said relief shall in a proper case made be granted to any suitor irrespective of whether the invalidity of the instrument sought to be cancelled appears upon the face of the instrument sought to be cancelled, or whether such invalidity appears or arises solely from facts outside of or dehors said instrument. It being the purpose and intent of this Act to abolish that rule which denies relief in the nature of quia timet or to remove clouds upon titles to real estate in those cases where the invalidity of the instrument sought to be cancelled as such cloud upon title appears upon the face of such instrument; and it is the purpose of this Act to extend such relief to any and all cases where the party seeking same is otherwise entitled thereto, without any regard as to how the invalidity of the instrument sought to be cancelled as a cloud upon title arises, whether it appears upon the face of the instrument itself or appears solely from facts and circumstances outside of the instrument. Proceedings quia timet, now sustained.

Page 103

SEC. 2. Be it further enacted by the authority aforesaid, That in all cases arising under this Act the costs of same shall be taxed against the litigants therein in the discretion of the court. Costs, how taxed. 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 22, 1905. AFFIDAVITS MADE OUT OF THIS STATE, EFFECT OF No. 70. An Act to amend an Act entitled an Act to provide for making of affidavits out of the State of Georgia, to be used within said State, approved December 20, 1899, so as to enlarge the operation of the same. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the above recited Act be, and the same is, hereby amended by striking from the first section the proviso thereof; that is to say, from and including the word provided to the end of said section, and adding in lieu thereof the following: The official attestation of the officer before whom the oath of affidavit may be made shall be prima facie evidence of the official character of such officer, and that he was authorized by law to administer oaths; provided that this Act shall not apply to such affidavits as are expressly required by statute to be made before some particular officer within the State, so that said section, as 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, any affidavit made out of the State of Georgia before any notary public, justice of the peace, judge of a court of law, or chancellor, commissioner or master of any court of equity of the State or county where the oath is made, or before any other officer of such State or county, who is authorized by the laws thereof to administer oaths, shall have the same force and effect, and be recognized in like manner as if it had been made before an officer of this State authorized to administer the same. The official attestation of the officer before whom the oath or affidavit may be

Page 104

made shall be prima facie evidence of the official character of such officer, and that he was authorized by law to administer oaths; provided that this Act shall not apply to such affidavits as are expressly required by statute to be made before some particular officer within the State. Affidavits made out of this State, attestation 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 22, 1905. COUNTY SITE CHANGED, COURTS WHERE HELD. No. 525. An Act providing for the place of holding certain courts in cases herein mentioned, 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 a county site shall be removed, as provided by sections 391-394, inclusive, volume 1, of the Code of 1895, all the courts of this State which are now required by law to be held at the county sites of their respective counties, by proper orders made by the judges thereof, either at chambers or in regular session, which order shall be entered on the minutes of such court, shall be held in the old buildings at the former county site until the new buildings at the county site are ready for occupancy, and all the proceedings of any of such courts, so held, shall be legal. County site changed, courts, where held. SEC. 2. Be it further enacted, That the authorities having charge of county affairs in any county affected as mentioned in section 1 of this Act, shall provide by an order entered on their minutes that the county officers of such county shall have and keep their officers in such buildings at either the old or new county site as, in the judgment of such county authorities, may be best until the new buildings are ready for occupancy. 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 18, 1905.

Page 105

EMBALMERS, EXEMPT FROM JURY DUTY. No. 398. An Act to exempt all licensed embalmers who are actually engaged in the practice of embalming in the State of Georgia from all jury duty, civil and criminal, 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, all licensed embalmers who are actually engaged in the practice of embalming in the State of Georgia shall be exempt from all jury duty, civil and criminal; but nothing herein contained shall be construed to work a disqualification of any of the class named, or to exclude them from the jury box. Embalmers, exempt from jury duty. 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 22, 1905. TRANSCRIPTS OF RECORDS FOR SUPREME COURT, COST OF. No. 258. An Act to require the cost of the transcript of the record in civil cases to be paid to the clerks of the city and superior courts in counties having therein a city of not less than 54,000 people, nor more than 80,000 people, before said clerk shall be required to make out or forward the transcript to the Supreme Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the clerks of the superior and city courts in counties having therein a city of not less than 54,000 nor more than 80,000 people, shall not be required to make out or forward to the Supreme Court a transcript of the record in any civil cause wherein writ of error is sued out to the Supreme Court before the costs for making

Page 106

out said transcript has been paid, or an affidavit in forma pauperis has been filed in lieu thereof. Transcripts for Supreme Court, costs 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 22, 1905. SHERIFFS REQUIRED TO KEEP DOGS. No. 72. An Act to require the sheriffs of the several counties of this State to purchase, or have the same purchased, not less than two nor more than four well trained track-hounds or other dogs suitable for the purpose, to track and catch criminals. 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 after the passage of this Act, that the sheriffs of each county in this State shall have, keep and maintain at the expense of the county, not less than two nor more than four well trained track-hounds or other dogs suitable for the purpose, to track and catch criminals with; and said bloodhounds shall be purchased by the sheriffs, or the county authorities, and shall be paid for out of the county treasury; provided, however, that this Act shall not apply to counties having a population of less than ten thousand inhabitants, unless recommended by the grand juries of such counties. Sheriffs required to keep trackhounds. SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 107

COUNTY AUDITORS, DUTIES AND COMPENSATION. No. 178. An Act to make the clerk of the board of commissioners of roads and revenues ex-officio county auditor in all counties having a board of commissioners of roads and revenues, and having also within their territories a city of more than eighty-five thousand population, to prescribe the duties, fix the salary of such county auditor, 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, in all counties of the State of Georgia which have within their territory a city of more than eighty-five thousand population, and which also have a board of commissioners of roads and revenues and a clerk of the same, such clerks shall be, and they are, hereby made ex-officio county auditors of such counties. County auditors. SEC. 2. Be it further enacted, That it shall be the duty of such county auditors, under the direction of their respective boards of commissioners of roads and revenues, and in accordance with such rules as may be prescribed by said boards, to audit the accounts of the county treasurers, tax-collectors and of all other officers of the county whose accounts now are, or may hereafter be, required by law to be audited. Duties of SEC. 3. Be it further enacted, That each of said county auditors shall be paid a salary of six hundred dollars per annum out of the county treasury. Compensation. SEC. 4. Be it further enacted, That so much of sections 836 and 837 of the Penal Code and of the Act approved November 20, 1901, as is inconsistent herewith, and all other laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 21, 1905.

Page 108

MEXICAN COTTON BOLL WEEVIL, PROTECTION AGAINST. No. 80. An Act to amend an Act entitled an Act to amend an Act of the General Assembly of the State of Georgia, approved December 21, 1900, amendatory of an Act approved December 20, 1898, amendatory of an Act approved December 21, 1897, approved August 15, 1904, by striking therefrom section 17 (Acts 1904, page 20), and inserting a new section in place thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to amend an Act of the General Assembly of the State of Georgia, approved December 21, 1900, amendatory of an Act approved December 20, 1898, amendatory of an Act approved December 21, 1897, be amended by striking therefrom section 17, and inserting in lieu thereof a new section to read as follows: Sec. 17. No corn in the shuck, or shipments of household goods, furniture, machinery, glassware or supplies of any description which are packed or partially packed in or with cotton lint, cotton seed, seed cotton, hulls, seed cotton and cotton seed sacks, or corn in the shuck, shall be shipped into this State from points in Texas and Louisiana, or any other State or country in which the Mexican cotton boll weevil is known to exist, without having attached thereto in a prominent and conspicuous manner the certificate provided for in section 16. Mexican cotton boll weevil, protection against. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 109

VAGRANCY, DEFINITION OF AND PROSECUTION FOR. No. 57. An Act to amend section 1 of an Act amendatory of section 453, volume 3, of the Code of 1895, which said section, as well as the amendatory Act, defines vagrancy and declars which class of persons shall be regarded as vagrants, approved August 17, 1903, by strking from said section 1 of said amendatory Act all the words in lines forty-nine to fifty-nine, both inclusive, beginning with the words If upon trial, and ending with the words, failed to obtain the same, and by substituting in lieu thereof the words: Any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. Insolvent costs which may accrue under the provisions of this Act shall be paid as herein provided. 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 1 of an Act amendatory of section 453, volume 3, of the Code of 1895, which said section, as well as the amendatory Act, defines vagrancy and which class of persons shall be regarded vagrants, approved August 17, 1903, be, and the same is, hereby amended by striking from said section 1 of said amendatory Act all the words in lines forty-nine to fifty-nine, both inclusive, beginning with the words, If upon trial and ending with the words, failed to obtain the same, and by substituing in lieu thereof the words: Any person violating any of the provisions of this Act shall be deemed to be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 1039, volume 3, of the Code of 1895, so that section 1 of the amendatory Act, approved August 17, 1903, 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. Vagrants, who are, 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.

Page 110

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 or 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 vagrant. 4. Persons having a fixed abode who have no visible property to support them, and who live by stealing or by trading or bartering stolen goods. 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 do not work, and who have no property or other means of support, but hire out their minor children and live upon their wages, shall be deemed and considered vagrants. 8. All persons, over sixteen years of age, able to work and who do not work, and have no property to support them, and who 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 it is, hereby made the duty of the sheriff and constables in every county, the police and town marshal, 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. Any person violating any of the provisions of this Act shall be deemed to be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. Prosecution and punishment. SEC. 2. Be it further enacted by the authority aforesaid, That whenever said vagrant shall be convicted, all costs of the committing as well as of the trial courts, shall be paid out of the fine

Page 111

assessed and paid, but if said vagrant fails to pay said fine and is sent to the chain-gang or other public works, then, in that event, said officers shall be paid their respective costs by the county hiring out said convict, and in the event said county fails to hire or work said convict, then the ordinary or county commissioners, as the case may be, of said county, shall pay into the court, to the credit of fines and forfeitures, an amount sufficient to pay the reasonable hire of said convict, the same in no case to be less than the costs incurred, and said costs shall be paid as herein provided. Court costs, how paid. 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 23, 1905. PRIMARY ELECTION, BUYING VOTES IN. No. 28. An Act to amend an Act approved August 13, 1904, entitled an Act making it a misdemeanor to buy or sell a vote in any primary election in this State, so as to make it also a misdemeanor to offer to buy or sell or in any way concerned in buying or selling, or contribute money for the purpose of buying, a vote in any primary election in this State. SECTION 1. Be it enacted by the General Assembly, That the Act approved August 13, 1904, described in the above caption, be, and the same is, hereby amended by adding in section 1 of the body of said Act, after the words buy or sell, the following words, to wit: or offer to buy or sell or be in any way concerned in buying or selling, or contribute money for the purpose of buying; and by striking the word or and adding after the word municipal, in the fourth line of section 1 of said Act, the words or Federal, and by adding before the word Code, in the last line of said section, the word Penal, so that section 1 of said Act as hereby amended shall read as follows: Primary elections, buying votes in, prohibited That any person who shall either buy or sell, or offer to buy or sell, or in any way concerned in buying or selling, or contribute money for the purpose of buying a vote in any primary election in this State, whether the election shall be for nominees

Page 112

for State, county, municipal or Federal officers, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of the Penal Code of 1895. 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 23, 1905. GAME AND FISH, PROTECTION OF. No. 34. An Act to amend an Act to revise and consolidate the laws 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, approved August 17, 1903. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 1 of the Act whose title is set out in the caption be, and the same is, hereby amended by striking out the word July in the eighth line thereof, and substituting in lieu thereof the word September, so that such section, when amended, shall read as follows: 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 first day of September 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 destroy or capture any wild deer or fawn, between the first day of January and the first day of September in each year; or

Page 113

to sell or offer for sale or have in possession during the closed season any bird or 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 by the authority aforesaid, That section 6 of the said Act, as amended by the Act approved August 15, 1904 (Acts 1904, page 103), be amended by striking out the words in the fourth line of said section, fifteenth day of March, and substituting in lieu thereof first day of February, so that said section when amended shall read as follows: Section 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 seine, net, gig or spear, or like device, from any of the waters of this State, between the first day of February and the first day of July in each year, except with hook and line; in the case of shad the above prohibition as to dates shall apply only between the 15th of April and the 1st of July. Fish, protection of. SEC. 3. 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 22, 1905. CAPTAINS OF STEAMBOATS GIVEN POLICE POWERS. No. 103. An Act to confer police powers upon captains of steamboats engaged in carrying passengers in this State, while on duty on their boats, 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 captains of steamboats engaged in carrying passengers in this State be, and they are, hereby invested with all the powers, duties and responsibilities of police officers, while on duty on their boats, and while on duty at the termini of their lines; provided, nothing herein contained shall affect the liability of any steamboat owner or owners for the acts of its employees. Captains of steamboats given police powers SEC. 2. Be it further enacted, That when a passenger is guilty

Page 114

of disorderly conduct, is drunk, or uses any obscene, vulgar or profane language, or is guilty of any other disorderly or improper conduct tending to cause a breach of the peace, the captain of such steamboat is hereby authorized to arrest such passenger, and either eject him at the first point at which said steamboat lands, using only such force as may be necessary to accomplish such removal, and the said officer may command the assistance of the employees of the owner of said steamboat and the passengers on such steamboat to assist in such removal, or said officer may cause any person or persons who violate the provisions of this Act, or who commit acts which are in violation of the laws of this State, to be detained, and delivered to the proper authorities for trial, as soon as practicable; and said officers are authorized to exercise the police powers hereby conferred at the termini of their lines while on duty as such captains. How such powers may be exercised SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 23, 1905. DRUNKENNESS IN PUBLIC PLACES, PROHIBITED. No. 14. An Act to prohibit drunkenness or intoxication on any public street or highway, or within the curtilage of any private residence not in the exclusive possession of the person or persons so intoxicated, or upon any steamboat engaged at the time in carrying passengers, which said drunkenness, or intoxication must be made manifest by boisterousness, or by indecent condition or acting, or vulgar or profane or unbecoming language, or loud and violent discourse of the person or persons so intoxicated; to provide 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 the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons to be and appear in an intoxicated condition on any public street or highway, or within the curtilage of any private residence not in the exclusive possession of the person or persons so intoxicated, or upon any steamboat engaged at

Page 115

the time in carrying passengers, which said drunkenness or intoxication may be caused by the excessive use of intoxicating wines, beers, liquors or opiates, and must be made manifest by biosterousness, or by indecent condition or acting, or by vulgar, profane or unbecoming language, or loud and violent discourse of the person or persons so intoxicated or drunken; provided, however, that nothing contained in this Act shall be construed to affect the powers heretofore or that may be hereafter delegated to municipal corporations to regulate the liquor traffic and pass by-laws to punish drunkenness or disorderly conduct within their corporate limits. Drunkenness in public places prohibited. SEC. 2. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. 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 22, 1905. SURF BATHERS, PROTECTION OF. No. 13. An Act to further provide for the safety of persons while bathing in the surf on the seacoast of this State. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the proprietor or keeper of a hotel, boarding-house or other public house or bath-house on the seacoast to which the public may resort for purposes of surf bathing, shall at all times, during the surf-bathing season, keep an expert swimmer attired in a bathing suit. Said bathing suit to be a bright solid red, the shirt of which shall have on the breast thereof in large white letters the words, Life Saver. And such expert swimmer shall have on at all times, while on duty, a leather harness arranged as follows: A belt around the chest connected with straps over shoulders, said shoulder straps to be joined at shoulder blades. At the back of neck-center to be an iron ring, about which shall be attached a life-line one-fourth of an inch in diameter,

Page 116

and not less than two hundred feet in length, and said expert swimmer shall, at all times, patrol the beach on the constant lookout for any one who may require assistance, and shall, at no time, leave the beach while bathing is in progress, and shall, so far as is practicable, and in his power, warn all bathers of the danger attending those who bathe, while the tide is running out, and also of the danger of sloughs or gullies on the beach, and shall, at all times, protect and assist any bather who shall need assistance. Surf bathers, protection of by life savers. SEC. 2. Be it further enacted, That at the beginning of each bathing season, every proprietor of any hotel, boarding-house, house or bath-house on the seacoasts, or any other person or persons renting bathing suits on the seacoast, shall have placed in boxes, which shall not be more than one hundred yards apart, a reel on which shall be wound three hundred feet of rope not less than one-fourth of an inch in diameter, and said rope shall have attached to one end of the line a cork life-preserver of standard manufacture, capable of supporting on the water not less than two persons weighing one hundred and fifty (150) pounds each. Said boxes shall be placed at a point not exceeding ten feet from high water mark, and shall be raised not more than four feet from the beach, and on each box shall be printed, in plain letters, the following notice: Box contains life-line and life-preserver, to be used only in case of emergency. Not to be removed or tampered with. Any one removing or tampering with life-line or preserver, except for the purpose of helping persons in danger, shall be guilty of a misdemeanor. Duties of proprietors of hotels and other houses on seacoast. SEC. 3. Be it further enacted, That when the tide turns, and is running out, a red flag, on which shall be written in large white letters, the words, Tide Running Out, shall be run up on the flag-pole which said flag-pole shall not be further than ten feet from high-water mark, and in plain view of all bathers. Tide flags. SEC. 4. Be it further enacted, That any such proprietor of a hotel or boarding-house or bath-house, or other person renting bathing suits, who fails to comply with the provisions of this Act, shall be guilty of a misdemeanor, and in addition thereto, shall forfeit the right to collect and charge or debt from any guest of such hotel or boarding-house or bath-house, the consideration of which is boarding, lodging or other service rendered such guest during such surf-bathing season by the proprietor or keeper. Penalties against proprietors of hotels and other houses. SEC. 5. Be it further enacted, That any person removing or tampering with the life-line or preservers or using the same except

Page 117

for the purpose of relieving persons in danger, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by section 1039 of volume 3 of the Code of 1895. Removing life-line or preservers. SEC. 6. Be it further enacted, That the provisions of this Act are in addition to and supplementary to the provisions of section 509 of the Penal Code of this State. Penal Code Sec. 509. 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 22, 1905. GIFTS OR GRANTS TO MUNICIPALITIES OR TRUSTEES. No. 329. An Act to empower and authorize municipal corporations of this State to accept in fee simple or in trust, and other persons to accept as trustees, devises, gifts or grants of lands dedicated in perpetuity to the public use as a park, pleasure-ground or other public purpose, and other property, real or personal, for the development, improvement and maintenance of the same, upon conditions and limitations limiting said devise, gift or grant to the exclusive use, of a certain portion only of the public, to authorize such devise, gift or grant in perpetuity, and for other purposes. SECTION 1. The General Assembly of the State of Georgia do hereby enact, That any person may, by appropriate conveyance, devise, gift or grant to any municipal corporation of this State, in fee simple or in trust, or to other persons as trustees, lands by said conveyance dedicated in perpetuity to the public use as a park, pleasure-ground, or for other public purpose, and in said conveyance, by appropriate limitations and conditions, provide that the use of said park, pleasure-ground or other property so conveyed to said municipality, shall be limited to the white race only, or to white women and children only, or to the colored race only, or to the colored women and children only, or to any other race, or to the women and children of any other race only, that may be designated by said devisor or grantor; and any person may also, by such conveyance, devise, give or grant, in perpetuity to such corporations or persons, other property, real

Page 118

or personal, for the development, improvement and maintenance of said property. Lands dedicated to public use as parks or pleasure grounds. SEC. 2. Be it further enacted, That it shall be lawful for any municipal corporation of this State, or other persons, natural or artificial, as trustees, to whom such devise, gift or grant is made, to accept the same in behalf of and for the benefit of the class of persons named in said conveyance, and for their exclusive use and enjoyment; with the right to the said municipality or trustees, to improve, embellish and ornament said land so granted as a public park, or for other public use as herein specified, and every municipal corporation to which such conveyance shall be made, is hereby empowered by appropriate police provision, to protect the said class of persons for whose benefit said devise or grant is made, in the exclusive use and enjoyment thereof. Acceptance of such grants. 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 23, 1905. JONES COUNTY, COUNTY SITE CHANGED FROM CLINTON TO GRAY. No. 281. An Act to change the county site of Jones county from Clinton, in said county, to Gray, in said county, and for other purposes. WHEREAS, Heretofore, to wit, on the 16th day of May, 1905, a petition was filed with the ordinary of said county of Jones, in the State of Georgia, signed by more than two-thirds of the polltaxpayers of the said county, as shown by the last tax digest made out for said county, asking that an election be held at the various election precincts in said county for the purpose of changing or removing the county site of said county from Clinton, in said county, to Gray, in said county; and WHEREAS, On the same day, to wit, on the 16th day of May, 1905, the said ordinary of the said county of Jones, upon due consideration of the petition so filed with him, in terms of the law applicable thereto, did then and there pass an order calling and providing for an election to be held at the various election precincts in the various militia districts of said county on the 27th

Page 119

day of June, 1905, for the purpose of changing and removing the county site of the said county from Clinton to Gray, as asked by the petitioners, which said order was duly passed, entered upon the minutes of the court of ordinary and published in the Jones County News, the newspaper in said county in which the sheriff of said county publishes his legal notices, as provided by section 391 of volume 1 of the Code of 1895 of said State; and WHEREAS, On the date set forth in said order, to wit, on the 27th day of June, 1905, said election was held at the various election precincts in said county in accordance with the said order of the said ordinary of said county, and upon consolidation of the returns of the said election in terms of the law, it appearing that 1,340 legal votes were cast at said election, of which 1,289 were for the removal of the county site of said county from Clinton to Gray, and 51 against removal; therefore, that more than two-thirds of the legal votes cast at the said election were in favor of the removal and change of the county site of the said county from Clinton to Gray, which was duly declared to be the result of the said election and return thereof made to the Secretary of State, who certified the same to be true as above stated and as shown by the said returns; and WHEREAS, It appears that notice of intention to apply for the passage of this Act has been duly posted and published as required by the Constitution and laws of this State, and that each and all of the requisites of the law in the premises have been fully complied with; now, therefore, 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 county site of the said county of Jones, in said State, be, and the same is, hereby changed and removed from Clinton, in said county, to Gray, in said county. Jones county, Gray county site. 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 9, 1905.

Page 120

RAILROAD COMMISSION, POWERS OF. No. 12. An Act to further extend the powers of the Railroad Commission of this State, and to confer upon the Commission the power to regulate the time and manner within which the several railroads in this State shall receive, receipt for, forward and deliver to its destination all freights of every character, which may be tendered or received by them for transportation; to provide a penalty for non-compliance with any and all reasonable rules, regulations and orders prescribed by the said Commission in the execution of these powers, 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 Railroad Commission of this State shall be, and is, hereby vested with full power and authority to make, prescribe, and enforce all such reasonable rules, regulations and orders as may be necessary in order to compel and require the several railroad companies in this State to promptly receive, receipt for, forward and deliver to destination all freights of every character which may be tendered or received by them for transportation; and as well such reasonable rules, regulations and orders as may be necessary to compel and require prompt delivery of all freights, on arrival at destination, to the consignee. Railroad Commission may regulate transportion of freights. SEC. 2. Be it further enacted by the authority aforesaid, That whenever a shipper or consignor shall require of a railroad company the placing of a car or cars to be used in car-load shipments, then in order for the consignor or shipper to avail himself of the forfeitures or penalties prescribed by the rules and regulations of said Railroad Commission, it must first appear that such shipper or consignor made written application for said car or cars to said railroad; provided further, that such Railroad Commission shall, by reasonable rules and regulations, provide the time within which said car or cars shall be furnished after being ordered as aforesaid, and the penalty per day per car to be paid by said railroad company in the event such car or cars are not furnished as ordered, and provided further, that in order for any shipper or consignor to avail himself of the penalties provided

Page 121

by the rules and regulations of said Railroad Commission, such shipper or consignor shall likewise be subject, under proper rules to be fixed by said Commission, to the orders, rules and regulations of said Railroad Commission. Shippers, requirements of. SEC. 3. Be it further enacted by the authority aforesaid, That before any railroad company is subjected to the penalties provided by this Act, said Railroad Commission shall require said railroad company to show cause therefor; and if sufficient cause is shown then said company shall be relieved from any further liability under this Act. Penalties against railroads. SEC. 4. Be it further enacted by the authority aforesaid, That for the violation of any such rules, orders, or regulations, so established by said Commission, the railroad company so offending shall incur a penalty in a sum not exceeding two hundred and fifty dollars ($250), to be fixed by the jury after suit is brought therefor, under the provisions of existing laws regulating the institution and prosecution of suits for penalties incurred by railroad companies in consequence of violations of the rules and regulations prescribed by said Commission. Penalties against railroads. 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 23, 1905. VETERINARY SURGEON, APPOINTMENT, ETC. No. II. An Act to amend an Act entitled an Act to establish a Department of Agriculture for the State of Georgia, approved February 28, 1874; providing that it shall be the duty of the Commissioner of Agriculture of this State to employ under certain conditions a veterinary surgeon to treat and prevent the spread of infectious or contagious disease or diseases among the live stock in this State; to provide pay for the services of said veterinary; 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 Commissioner of Agriculture of the State of Georgia shall, upon application made to him by the ordinary of

Page 122

any county in this State, or upon the application of the county commissioners of any county in this State, reciting that an infectious or contagious disease or diseases, has appeared affecting the life of the live stock in said county, and that it is apprehended the disease is likely to spread unless checked, and the disease is unknown or beyond the control of the owners of said stock to treat, certifying the application over his or their seal, and reciting in the opinion of such ordinary or county commissioners, as the case may be, that the conditions call for prompt investigation and treatment by a competent person or persons, it shall be the duty of said Commissioner of Agriculture to employ a competent veterinary surgeon or expert to investigate the causes of said disease, to prevent the spread thereof, and to treat the same, and the Commissioner is hereby authorized to pay such expert the sum not exceeding five dollars per day and traveling expenses while treating the same. Veterinary Surgeon, appointment of. SEC. 2. Be it further enacted by the authority aforesaid, That the Commissioner of Agriculture, in order to meet the expenses of the employment of said veterinary, is hereby authorized to retain from time to time as occasion may require, the needful sum arising from the inspection of fertilizers, carefully noting the amount so paid and to whom and when paid. Expenses 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 22, 1905. CONFEDERATE SOLDIERS AND WIDOWS OF, CENSUS OF. No. 450. An Act to require a census of the Confederate soldiers and the widows of Confederate soldiers to be made of those now residing in Georgia, and to provide for compensation 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 the authority of the same, That on and after the passage of this Act it shall be the duty of the Comptroller-General in the preparation of the tax

Page 123

digest for 1906, or as soon thereafter as possible, to add thereto the proper headings for having made a census of the Confederate soldiers now residing in Georgia, who so resided on the first day of January, 1906, so as to give the name, company and regiment in which the soldier or the dead husband of the widow served, also the time and place of enlistment, and when and where discharged. Confederate soldiers and widows of, census of. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the receiver of tax returns in each county, beginning 1906, or as soon thereafter as possible, and in connection with his work of receiving the taxes, to take and enter upon his tax digest the names of every ex-Confederate soldier, and the widow of every ex-Confederate soldier, now residing in their respective counties, for which he shall be paid by his county five cents per name so entered on his digest. Receivers of tax returns. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the justices of the peace of this State, for the year 1906, or as soon thereafter as practicable, in making up their lists of taxpayers for their respective districts to make and furnish a separate list to the tax-receiver at the same time he does the list of taxpayers, of each Confederate soldier then residing in his militia district, giving the name, company in which said ex-soldier enlisted, and of the dead husband of such widows, stating when they enlisted, and when and where they were discharged, when said widow was married to such dead soldier husband, and when he died, for which he shall receive the same compensation to be paid by the county, as are now provided by law for making list of taxpayers. Justices of Peace. Approved August 22, 1905. COMMISSIONER OF PENSIONS, SALARY OF CLERK. No. 54. An Act fixing the salary of the clerk and stenographer in the office of the Commissioner of Pensions. 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 salary of the clerk and the stenographer in the office of the Commissioner of Pensions be, and the same is, hereby

Page 124

fixed at seventy-five dollars each per month, to become operative on and after the passage of this Act. Commissioner of Pensions, salary of clerk. 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 22, 1905. TYBEE BEACH COMPANY, ITS TITLE TO KING OR LAZARETTO TRACT. No. 235. An Act to authorize the Governor and Secretary of State to execute a quitclaim deed to quiet the title of the Tybee Beach Company to one hundred and four (104) acres of land, more or less, on Tybee Island, in Chatham county, known as the King or Lazaretto tract, bounded on the north by South Channel, on the east by Naughtin's Hammock, on the south by McCoy's Hammock, and on the west by Lazaretto creek. WHEREAS, On March 20, 1767, an Act was approved authorizing the appointment of commissioners to purchase from Josiah Tattnall one hundred and four (104) acres of land, more or less, being the western point of Tybee Island, for the sum of seventy pounds sterling, as shown in Marbury Crawford's Digest, page 344, and there being no deed on record showing that said land was actually purchased and paid for by the State, and James King, and his heirs, having occupied the said land since 1852, his executor did sell and execute a deed to said land to D. G. Purse on September 1, 1885, and said D. G. Purse did sell and execute a deed to said land to J. H. Estill et al. on April 22, 1887, and said J. H. Estill et al. did sell and execute a deed to said land to the Tybee Beach Company on July 16, 1887. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Governor and Secretary of State be, and they are, hereby authorized and empowered to execute a quitclaim deed to the Tybee Beach Company to quiet its title to one hundred and four (104) acres of land, more or less, on the westernmost end of Tybee Island, known as the King or Lazaretto tract, bounded on the north by South Channel, on the east by Naughtin's Hammock,

Page 125

on the south by McCoy's Hammock, and on the west by Lazaretto creek. Secretary of State authorized to make quit claim deed to Tybee Beach Company. 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 August 22, 1905. HIRE OF FELONY CONVICTS, DISPOSITION OF. No. 150. An Act to amend an Act approved August 17, 1903, entitled 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 laws and regulations governing misdemeanor chain-gangs, and for other purposes, by striking out section four (4) of said Act approved August 17, 1903, and inserting in lieu thereof another section to be known as section four (4) 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 authority of the same, That an Act approved August 17, 1903, entitled 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, be, and the same is, hereby amended by striking out section four (4) of said Act approved August 17, 1903, and inserting in lieu thereof the following: The net hire of the convicts shall be transmitted quarterly by the Treasurer of the State to those counties which shall not have received their proportion of the felony convicts for work upon the public roads or works in the following manner, to wit: It shall be the duty of the Treasurer of the State to first notify

Page 126

the ordinary of each county or counties that he has on hand a sum of money (specifying the amount) to the credit of said county. Then it shall be the duty of the said ordinary to notify the first grand jury sitting after the receipt of said notice from the State Treasurer of the funds to the credit of the county. The grand jury shall have the right and it shall be their duty to determine whether all of said funds arising from convict hire shall be used in the improvement of the public roads or shall be given to the public schools of the county, or they may divide it as they see fit between the public roads and the public schools. It shall then be the duty of the ordinary of the county to notify the State Treasurer of the action of the grand jury whether said funds have been directed by them to be used in the improvement of the public roads or to be applied to the public schools of the county, or whether they are to be divided between the roads and the public schools of the county, and in what proportion. If the money shall be applied to the public road fund, the State Treasurer shall transmit it to the county treasurer. If it shall be applied to the public schools of the county, the State Treasurer shall transmit the same direct to the county school commissioner. And if it shall be divided between the roads and the schools, the State Treasurer shall transmit that part going to the public roads to the county treasurer, and that part going to the public schools to the county commissioner. No succeeding grand jury shall change the application of said funds within two years, but after two years from the first recommendation of the grand jury of any county as to said funds the grand jury of such county shall determine the disposition of said funds for the next succeeding two years; and biennially thereafter the grand jury shall determine as to the disposition of said funds as between the public school fund and the public road fund of the county. Hire of convicts, how distributed and applied. 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 23, 1905.

Page 127

GEORGIA STATE REFORMATORY ESTABLISHED. No. 6. An Act to create a State institution to be known as the Georgia State Reformatory, for the detention and punishment of certain offenders of the age of sixteen years and under; to provide for the management and control of the same; to prescribe certain rules and regulations for the government of said Reformatory; to provide for a superintendent and other employees to be used in said Reformatory; to provide for the erection of certain buildings and the purchase of other property necessary to carry out the purposes of this Act; to provide for the necessary appropriations to carry out the purposes of 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 there is hereby created and established a State institution to be known as the Georgia State Reformatory. State [Illegible Text]. SEC. 2. Be it further enacted, That all persons of the age of sixteen years or under who have been, after the opening of said Reformatory, duly convicted in any of the courts of this State of any crime against the laws of this State, not punishable by death or imprisonment for life, may, in the discretion of the judge having jurisdiction, be committed to the Georgia State Reformatory. Convicts under 16 years old committed to reformatory. SEC. 3. The judge committing a person to the Georgia State Reformatory shall not fix a limit to the duration of the commitment unless the same be for more than five years, but shall merely commit said person to the Georgia State Reformatory; but no sentence shall extend beyond the time when the person sentenced shall have arrived at the age of twenty-one years. Terms of commitment. SEC. 4. Any person committed to the Georgia State Reformatory for an offense punishable by imprisonment in the penitentiary may be held in said reformatory for a term not exceeding five years, or, if committed for a longer term than five years, may be held for such longer term; and any person committed to said reformatory for an offense that is punishable as for a misdemeanor, may be held in said reformatory for a term not exceeding two years; provided, however, that no person shall he held in said reformatory after he or she has arrived at the age of twenty-one years. Terms of commitment.

Page 128

SEC. 5. The general supervision, control and government of said reformatory shall be vested in the Prison Commission of Georgia, and said commission shall have power to make all rules and regulations necessary and proper for the employment, discipline, instruction and education of the inmates detained in said reformatory, and shall also have power to determine in their discretion as to what character or kind of work any particular inmate shall be required at any time to perform. Prison commission, authority of. SEC. 6. The prison commission shall have power to appoint, with the approval of the Governor, a fit and proper person as superintendent of said reformatory, at a salary not exceeding twelve hunded dollars per year. The said superintendent shall reside at said reformatory and his lodging and board shall be furnished at the expense of the State. The duties of said superintendent shall be prescribed by the commission, and he shall be under its direction and control, and subject to removal by the commission at any time. The said commission shall also appoint such teachers, guards and other employees as are necessary to the proper conducting of said reformatory, and shall prescribe their duties and fix their salaries, but the amounts of such salaries before allowed shall be approved by the Governor. Superintendent and other employees. SEC. 7. The inmates of said reformatory shall be employed in agricultural, domestic and mechanical work, and shall be given a reasonable amount of instruction in the elementary branches of an English education. The commission, if it deem best, is empowered to establish and maintain in connection with said institution a system of manual training and instruction in trades, and create such industries, productive or otherwise, as are, in their opinion, to the best interests of the inmates of said reformatory. Employment of inmates. SEC. 8. The discipline to be observed in said institution shall be reformatory, and the commission shall have power to use such means of reformation as is consistent with the improvement of the inmates as it may deem best and expedient; but a method of discipline shall be used as will, as far as possible, reform the characters of the inmates, preserve their health, promote regular improvement in their studies and employment, and secure in them fixed habits in religion, morality and industry; and the commission shall maintain such control over said inmates as will prevent them from committing crime, best secure their self-support, accomplish their reformation, and that will tend to make of them good and law-abiding citizens. Discipline. SEC. 9. The commission shall have the power to establish such a system of parole of the inmates as it shall deem proper,

Page 129

and shall have power to establish rules and regulations under which prisoners within the reformatory may be allowed to go outside of the grounds, but to remain while on parole within the legal custody and under the control of the commission and subject at any time to be taken back within the enclosure of said reformatory. Parole of inmates. SEC. 10. Whenever it shall appear to the commission that any person in the reformatory has reformed, after the expiration of one year from his or her reception therein, it may, with the approval of the Governor, issue to him a permit to be at liberty during the remainder of his or her term upon such conditions as the commission may deem best, and the commission shall have power to revoke such permit in their discretion. Conditional discharge. SEC. 11. A written order signed by any member of the prison commission shall be sufficient warrant to any officer of the State, or any other person named in said order, to authorize said officer, or other person named, to arrest and return to actual custody any conditionally released or paroled inmate, and it is hereby made the duty of all officers of the State to execute any such order placed in their hands, the same as any ordinary criminal warrant. Arrests and return after parole or discharge. SEC. 12. Whenever it shall appear to the commission that there is a strong or reasonable probability that any inmate would live and remain at liberty without violating the law, and that his or her release is not incompatible with the welfare of society, the commission shall so report to the Governor, who, if he deem proper, may give to said inmate an absolute release, which release shall operate as a pardon, or restore to the prisoner so released all his or her rights of citizenship. Pardon by Governor. SEC. 13. The white and colored inmates shall be kept separate and distinct in all work and study. The males and females shall be kept separate as far as practicable. Separation of races SEC. 14. When any person shall be received in the said reformatory there shall be entered in a registry book kept for that purpose the date of such admission, giving the name, age, sex and color, and court from which committed and for what offense. Registration. SEC. 15. Whenever any court in this State shall commit any person to the reformatory, the clerk of said court shall furnish to the commission a certified record showing the order of commitment, age of the person, and the offense for which he or she was convicted. Upon receipt of such record the commission shall send a proper delegated person to the place where said person is detained, and the officer having custody of the person shall deliver

Page 130

him or her to said delegated person, and such person shall thereupon be conveyed to the reformatory at the expense of the State. Record of Commitment. SEC. 16. Prisoners in confinement at the State prison farm, or on the chain-gangs of this State, at the time of the opening of the reformatory, who are of the age of sixteen years or under, who have not been sentenced for life, may, in the discretion of the commission, be removed by the commission to said reformatory, and all the terms of this Act shall apply to all such removed persons. Transfers from State prison to reformatory. SEC. 17. The commission shall, under a system of marks or otherwise, fix upon a uniform plan by which it shall determine what credit shall be allowed as earned by each inmate as the condition of increased privileges or of a release from the reformatory, which system shall be subject to a revision from time to time by the commission. Each inmate shall be credited for good personal demeanor, diligence in labor and study, and for results accomplished, and be charged for dereliction, negligence, offenses and violation of any of the rules of the institution. Deportment. SEC. 18. The inmates of said reformatory shall be credited with their good behavior, and their time of sentence shortened as is now provided by law and allowed to misdemeanor and felony convicts. The time of those persons sentenced to said reformatory for a misdemeanor shall be shortened as provided in section 1150 of the Penal Code, and the time of those committed to said reformatory for a felony shall be shortened as provided in section 1173 of the Penal Code. Credit for good behavior. SEC. 19. The commission shall sell to the best advantage all agricultural products not used in the reformatory, and shall apply the proceeds thereof to the maintenance of the institution as far as necessary. Should any surplus funds arise from this source, they shall be paid into the State treasury annually, and the commission shall at the end of each quarter make to the Governor a detailed report of all such transactions. Agricultural products. SEC. 20. The prison commission shall, within three months from the passage of this Act, with the consent of the Governor, select a suitable and proper site for said reformatory upon the State lands in Baldwin county. Location of reformatory. SEC. 21. The commission shall, as soon as possible after the selection of the site for said reformatory, erect suitable buildings for the care of not less than one hundred and twenty-five inmates, with workrooms, schoolrooms, and such other buildings as may be necessary, and shall purchase and equip the same with

Page 131

such furniture and equipment as may be necessary, and shall also purchase such live stock, tools and other supplies as the commission may deem necessary. The erection of the buildings and equipment of the same shall be vigorously carried on so that the reformatory may be opened at the earliest practicable time, and if possible be ready for occupancy by the first day of January, 1906. Buildings, etc. SEC. 22. To carry out the purposes of this Act there is hereby appropriated out of any money in the State treasury not otherwise appropriated, the sum of ten thousand dollars, or so much thereof as may be necessary, to be paid in such sums at such times as the construction of the buildings and the equipment of the same may require, and the Governor is hereby authorized to draw his warrant on the Treasurer for said amount. Appropriation for buildings. SEC. 23. For the purpose of maintaining and operating said reformatory for the first year, there is hereby appropriated out of any money in the State treasury not otherwise appropriated, the sum of ten thousand dollars, or so much thereof as may be necessary, the same to be available and payable as the said sums may be required by the prison commission, and the Governor is hereby authorized to draw his warrant on the Treasurer for said amount. Appropriation for maintenance. SEC. 24. Whenever said reformatory is ready for occupancy, the prison commission shall give notice to the Governor, and thereupon the Governor shall issue his proclamation delcaring the Georgia State Reformatory open and ready to receive the class of persons provided for in this Act. When said proclamation is issued, the courts of this State shall take cognizance of the same, and shall, in their discretion, sentence the class of persons designated in this Act to said reformatory. Opening by proclamation of Governor. SEC. 25. The terms of this Act shall not affect any county or municipal reformatory for juvenile misdemeanor convicts now established, or which may hereafter be established, under the law now of force as contained in section 1192 et sequitur of the Penal Code; provided, however, that should any such county at any time abolish its reformatory, the provisions of this Act shall apply to such county, and the inmates of the abolished reformatory shall be received in the Georgia State Reformatory without expense to the State of transportation, if such inmates are otherwise entitled to be received in said State institution. Other reformatories SEC. 26. 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 23, 1905.

Page 132

STOCK LAW OR FOR FENCE, ELECTIONS FOR. No. 68. An Act to allow militia districts in the State of Georgia, in which the stock law was obtained by a district election, and in which said stock law has been of force for nine years or more, to vote on stock law or for fence, 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, any militia district in this State, in which the stock law was obtained by a district election, and in which said stock law has been of force for nine years or more, may vote for stock law or for fence; provided a majority of the freeholders of such district shall file a petition with the ordinary with sufficient money to pay the cost of posting the notices of said election. Elections for stock law, petitions for. SEC. 2. Be it further enacted, That when such petition shall be so filed the ordinary shall order an election to be held in said district within thirty days, in which election the voters may vote for stock law or for fence; the ordinary shall give twenty days' notice of said election by posting notices thereof in three or more of the most public places in said district. Said election shall be held under the same rules and regulations governing elections for members of the General Assembly. How ordered and held. SEC. 3. Be it further enacted, That the returns of said election shall be made to the ordinary, who shall declare the result. If a majority of the votes cast in said election should be for fence, the ordinary shall so declare, and said district shall return to and be under the same laws now governing the fence districts of said county, within six months from the day of the election. Result, how declared. 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 22, 1905.

Page 133

CONFEDERATE SOLDIERS AND WIDOWS OF, PENSIONS OF. No. 82. An Act to authorize the payment to Confederate soldiers and widows of Confederate soldiers, when the same are now residents of this State; provided the service as such soldier was rendered as a member of a Georgia regiment or company, and the applicant for pension is otherwise entitled under the various pension laws, and for other purposes. SEC. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, The Confederate soldiers and widows of Confederate soldiers, who are residents of this State at the date of the approval of this Act, shall be allowed pensions regardless of previous residence; provided the service of such soldier was rendered as a member of a Georgia regiment or company, and the applicant for pension is otherwise entitled to same under the various pension laws. Pensions. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. MILITARY FORCES OF STATE REORGANIZED. No. 106. An Act 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 re-enacted, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, The militia of this State shall consist of every able-bodied male citizen of the State, every able-bodied male of foreign birth who has declared his intention of becoming a citizen, and every able-bodied male transient person, having a place of business and

Page 134

doing business in this State, but having no residence or home therein, who is more than 18 or less than 45 years of age, and not expressly exempt by law. Militia. SEC. 2. Be it further enacted by the authority aforesaid, The following exemptions from militia duty will be recognized: 1. All persons exempted by the laws of the United States. 2. The chief officers of the several executive departments of the State; judges of the Supreme, superior, city and county courts; justices of the peace, sheriffs, deputies and jailers, clerks of courts and ordinaries, members of the General Assembly during the term for which they shall be elected, and officers of the General Assembly during the session and for seven days before and after the same, 3. All persons employed on railroad trains and repairers of railroads, operators and messengers of telegraph companies, ferrymen, bridge keepers, toll-gate keepers, public millers, ministers and preachers of the gospel, licensed physicians and druggists in active practice, professors and tutors in colleges and schools, regular members of any fire or police department, but no member of the militia shall be relieved because of his joining such fire or police department, every person employed by the year or season on board any vessel or in the merchant service or coasting trade, and all pilots and stevedores. 4. Idiots, lunatics, paupers, vagabonds, confirmed drunkards, persons addicted to the use of narcotic drugs, and persons convicted of infamous crimes. All such exempted persons, except those enumerated in paragraphs one and four, shall be available for military or naval duty in case of war, insurrection, invasion or imminent danger thereof. Exemptions from militia duty. SEC. 3. Be it further enacted by the authority aforesaid, Whenever the Governor shall deem it necessary, he may order an enrollment to be made by officers designated by him of all persons liable to service in the militia. Such enrollment shall state the name, residence, age and occupation of the persons enrolled, and their previous or existing military or naval service. An original and three copies shall be made; one of which shall be retained by the enrolling officer, one filed in the office of the town or city clerk in which the enrolled persons reside, one in the office of the clerk of the county in which the enrollment is made, and the original in the office of the Adjutant-General. If the Governor so direct, such enrollment shall show separately all the seafaring men of whatever calling or occupation, men engaged in the navigation of the rivers, lakes and other waters of the State, or in the construction and management of ships and crafts, together

Page 135

with ship owners and their employees, yacht owners, members of yacht clubs, and all other associations for aquatic purposes. Enrollment. SEC. 4. Be it further enacted by the authority aforesaid, The officer making the enrollment shall, at the time of making the same, serve a notice of such enrollment upon each person enrolled, by delivering such notice to him or leaving it with some person of suitable age and discretion, at his place of residence. All persons claiming exemption must, within fifteen days after receiving such notice, file a written statement of such exemption, verified by affidavit, in the office of the county clerk. Such clerk shall thereupon, if such person be exempted according to law, mark the word exempt opposite his name; and the remainder of all thus enrolled, and not thus found to be exempt, shall constitute the militia of the State, and such clerk shall transmit a copy of such corrected roll to the Adjutant-General. The commanding officer of each organization in the National Guard and naval militia, and the heads of the fire and police departments in each city or town shall, whenever an enrollment is ordered, each file in the office of such county clerk a certified list of the names of all persons in his command or department. Notice of enrollment. Claims of exemption. SEC. 5. Be it further enacted by the authority aforesaid, The assessors in each city, village, town or ward in this State shall allow persons appointed to make such enrollment, at all proper times, to examine their assessment rolls and take copies thereof, and the clerks of all counties, towns and cities shall in like manner, at all proper times, allow such persons to examine and copy the poll lists on file in their offices. All persons shall, upon application of any person making such enrollment, give the names of, and all other proper information concerning, any person within their knowledge liable to be enrolled, under penalty of $10 for every concealment or false information, or refusal to give the information requested, to be recovered in the name of the people in any court, with costs. The officer making the enrollment shall, within ten days, report to the Adjutant-General all persons who shall fail or neglect to give such information. Assessment rolls and poll lists. SEC. 6. Be it further enacted by the authority aforesaid, The militia of this State shall be divided into two classes: The active and the reserve militia. The active militia shall consist of the organized and uniformed military forces of the State, which shall be known as the National Guard of Georgia, and of the organized and uniformed naval forces of the State, which shall be known as the Naval Militia of Georgia; the reserve militia shall consist of

Page 136

all those liable to serve in the militia but not serving in the National Guard or the naval militia of the State. Active and reserve militia. SEC. 7. Be it further enacted, For the purposes of this Act, the word company or companies shall apply to and include bands, signal, engineer and hospital companies, and companies of infantry, heavy artillery, troops of cavalry, batteries of light artillery, and naval divisions, except where otherwise specified, and the term unassigned battalion shall apply to the naval battalion and to battalions not atached to regiments, and the term unassigned company to companies not attached to regiments or battalions. The word officer shall apply to a commissioned officer, and the word soldier shall include non-commissioned officers and privates of the naval battalion as well as of the land forces. Company, battalion, officer and soldier. SEC. 8. Be it further enacted, The Governor of the State, by virtue of his office, shall be the commander-in-chief of the militia of the State, except of such portions as may at times be in the service of the United States. Commander-in-chief. SEC. 9. Be it further enacted, The military staff of the Governor shall consist of the following officers, to be appointed by him, who shall be commissioned as officers of the National Guard of this State, holding office at the pleasure of the Governor, 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 National Guard or naval militia of this State, the army or navy of the Confederate States, or of the United States; (2) An inspector-general; (3) a judge advocate-general; (4) a quartermaster-geneeral; (5) a commissary-general of subsistence; (6) a surgeongeneral; (7) a chief of ordance, who shall also have supervision over target practice, each with the rank of colonel; (8) two assistant adjutants-general, one with the rank of colonel and one with the rank of lieutenant-colonel; (9) two assistants, each, to the inspector-general, the judge advocate-general, the quartermaster-general, the commissary-general of subsistence, the surgeon-general and to the chief of ordance, one with the rank of lieutenant-colonel and one with the rank of major; and a medical inspector, with the rank of major, which office shall be abolished upon the expiration of the term of the present incumbent; (10) not less than four aides-de-camp, with the rank of lieutenantcolonel, and in the discretion of the Governor, as many more as

Page 137

he may deem proper not to exceed twenty-eight, and as a prerequisite to appointment to this position such person shall have held a commission either in the National Guard or Naval Militia of this State, the army or navy of the Confederate States, or of the United States; (11) and the Governor may appoint and commission his private secretary as his military secretary with the rank of major; provided, that the commissions of the aides-de-camp and the military secretary shall not continue of force beyond the term of office of the Governor by whom they were appointed; and provided further, that the present Governor may, in his discretion, reappoint and recommission those of his aides-de-camp now in excess of the above-mentioned maximum number who have properly uniformed and equipped themselves on or before the passage of this Act, to hold office at his pleasure, not to exceed his tenure of office. Staff of the Governor. The officers enumerated above, except the aides-de-camp and military secretary to the Governor, shall be organized into an Adjutant-General's Department, an Inspector-General's Department, a Judge Advocate-General's Department, a Quartermaster Department, a Subsistence Department, a Medical Department, and an Ordance Department, and shall, with such enlisted men as the Governor may authorize, compose such departments. The senior officer of each such department shall be the chief thereof, and the assistant in each such department shall be appointed by the Governor on the recommendation of its chief. Departments. SEC. 10. Be it further enacted, Any officer of the United States Army, navy or marine corps who may be detailed for duty with the militia of this State, may be assigned by the Governor to act in such capacity with the militia as may be to the best interests of the State, without regard to the rank of the officer so assigned. Officers of the U. S. assignment of. SEC. 11. Be it further enacted, The adjutant-general shall be the chief of staff to the Governor, and all communications between the Governor and officers of the militia of the State shall be made through, and to him; he shall keep and preserve the arms, accoutrements, and other military stores of the State; keep on file in his office all reports made to him; make an annual report to the Governor of the condition of the militia, with an itemized account of all moneys and supplies received from all sources, and of the disbursements and issues, and to furnish each officer of the National Guard a copy thereof. He shall also embody therein the annual reports of all officers made to him, and all general orders and circulars issued from his office, which reports shall be published in pamphlet form for general distribution, and the

Page 138

Governor shall lay before the General Assembly such portions of this report as he deems proper. He shall obey all orders relative to carrying into execution and perfecting the military establishment under the laws of the State and of the United States; furnish blank forms of the different returns and rolls as may be required. He shall give his whole time and attention to said office and shall perform such other duties as may be required of him by the Governor. The Governor may, in his discretion, require the adjutant-general to give bond to the State, in such an amount as may be fixed by regulation, with two personal or one corporate surety, to be approved by the Governor, conditioned faithfully to discharge the duties of his office, to use all necessary diligence and care in the safe-keeping of the military stores and property of the State, and of the United States committed to his custody, and to account for and safely deliver to his successor, or to any person authorized to receive the same. Adjutant-General. SEC. 12. Be it further enacted, The duties of the chiefs of the several staff departments, and their assistants, shall be correlative with those discharged by like officers of the United States Army, as far as may be applicable, in the discretion of the Governor, and they shall perform such other duties as may be required of them by the Governor or the head of their department. Chief of staff departments. SEC. 13. Be it further enacted, The military secretary and aides-de-camp shall perform such duties pertaining to their respective offices as may be required of them by the Governor. Military secretary and aides-de-camp. SEC. 14. Be it further enacted, The Governor shall have power, in case of insurrection, invasion, tumult, riot, or breach of the peace, or imminent danger thereof, to order into the active service of the State any part of the militia that he may deem proper. When the militia of this State, or a part thereof, is called forth under the Constitution and laws of the United States, the Governor shall order out for service the active militia, or such part thereof as may be necessary, and if the number available be insufficient, he shall order out such part of the reserve militia as he may deem proper. During the absence of organizations of the militia in the service of the United States, their State designation shall not be given to new organizations. Active service SEC. 15. Be it further enacted, Any person detached to serve with any portion of the militia called into the service of the United States may offer a substitute, and if such substitute is acceptable and shall consent in writing to subject himself to all the duties, fines, forfeitures, and punishments to which his principal would be subject were he personally to serve, he shall be accepted

Page 139

by the commanding officer of the detachment, and ordered to be enrolled in the place of his principal. Substitutes. SEC. 16. Be it further enacted, Whenever it shall be necessary to call out any portion of the reserve militia for active duty, the Governor shall direct his order to the mayor of any city or the supervisor of any town, who upon the receipt of the same, shall forthwith proceed to draft, by lot, as many of the reserve militia in his city or town, or accept as many volunteers, as are required by the Governor, and shall forthwith forward to the Governor a list of the persons so drafted or accepted as volunteers; provided, that the Governor may, in his discretion, issue his proclamation for and receive such volunteers, direct, as may be needed. Calls for reserve militia. SEC. 17. Be it further enacted, Every member of the militia ordered out, or who volunteers or is drafted under the provisions of this Act, who does not appear at the time and place designated by his commanding officer, the mayor, or supervisor, within twenty-four hours from such time, or who does not produce a sworn certificate of physical disability from a physician in good standing, to so appear, shall be taken to be a deserter and dealt with as prescribed in the Articles of War of the United States. Deserters SEC. 18. Be it further enacted, The portion of the reserve militia ordered out or accepted into the service, as provided in this Act, shall be immediately mustered into the service of the State for the period of two years until otherwise ordered by the Governor and shall be organized into troops, batteries, or companies, which may be arranged in squadrons, or battalions, or regiments, or assigned to organizations of the National Guard or Naval Militia already existing. The Governor is authorized to appoint the officers necessary to commence or complete any organization thus created. Such new organization shall be equipped, disciplined, and governed according to this Militay Code and the military regulations of the State. Organization of reserve militia. SEC. 19. Be it further enacted, Whenever any portion of the militia is employed in aid of the civil authorities, the Governor, if in his judgment the maintenance of law and order will be thereby promoted, may, by proclamation, declare a State of insurrection in the locality in which the disorder is located; and he may give authority to the commanding officer in such district to close places where firearms and munitions of war are sold, barrooms, and other disorderly places; and such officer or officers shall have the right to do and perform any act or acts, or direct them to be performed, whether affecting private, corporate or

Page 140

public rights, that, in his discretion, may be necessary or advisable to suppress or prevent any unlawful assembly. Insurrections. SEC. 20. Be it further enacted, Whenever any judge of the superior court, or a city court, county court, county sheriff, mayor of any incorporated city, town or village, in this State, whose authority shall rank in the order named, shall have reasonable cause to apprehend the outbreak of any riot, rout, tumult, insurrection, mob, unlawful assembly, or combination to oppose the enforcement of the law by intimidation, force or violence, within the jurisdiction of which such officer is by law a conservator of the peace, which can not be speedily suppressed or effectually prevented, by the ordinary posse comitatus and peace officers, it shall forthwith become the duty of the judge, sheriff, or mayor to report the facts and the circumstances to the Governor and to request him to order out such portion of the militia of the State as may be necessary to preserve the peace; and it thereupon shall be the duty of the Governor, if he deems such apprehension well founded, to order out, or direct to be held in readiness, such portion of the militia of the State as he may deem advisable for the enforcement of the law; and he may require the officer in command of the troops to report to such civil officer as he may direct, and to obey the order of such civil officer; or if the Governor deems it advisable, he may specially instruct the officer in command of such troops as to the duties required of them, and to direct their execution under the immediate control of the Governor. Militia, how ordered out. SEC. 21. Be it further enacted, Whenever any riot, outbreak, tumult, mob, rout, or unlawful assembly shall occur or be imminent, under such circumstances that timely application can not be made to the Governor and action had thereon by him, any judge aforesaid, or sheriff of any county, or mayor of any city, town or village, in which any of the said organized militia are located, if he ascertain, or has good reason to believe that the ordinary posse comitatus or civil power of the county, town or village where such violation of the laws and the peace of the State occurs or appears imminent, are or would be unable to promptly suppress or prevent the same, may, without first making application to the Governor, direct the commander of any part of the organized militia in the county, city, town or village, where such lawlessness exists or is threatened, to report with his command to such civil officer, to enforce the laws and preserve the peace, and it shall be the duty of such commander and all persons composing such command, to obey such order, which,

Page 141

however, must be in writing as required in section 31 of this Act, and as specified by said section. For enforcement of law and preservation of peace. SEC. 22. Be it further enacted, Before using any military force in the suppression of any riot, rout, tumult, mob, or other lawless or unlawful assembly or combination, it shall be the duty of the civil officer calling out such military force, or of some other conservator of the peace, or of the officer in command of the troops, or some person by him deputed, to command the persons composing such riotous, tumultuous or unlawful assemblage or mob, to disperse and return peaceably to their respective abodes and business. But in no case shall it be necessary to use any set or particular form of words in ordering the dispersion of any riotous, tumultuous or unlawful assembly, nor shall any command be necessary when the officer or person, in order to give it, would be put to imminent danger of loss of life, or bodily harm, or where such unlawful assemblage or mob is engaged in the commission or perpetration of any felony, or in assaulting or attacking any civil officer, or person called to aid him in the preservation of the peace, or is otherwise engaged in the actual violence to person or property. Dispersion of assemblies. SEC. 23. Be it further enacted, Any person or persons composing or taking part in any riot, rout, mob, tumult, or lawless combination or assembly mentioned in this Act, who after being duly commanded to disperse, as hereinbefore provided, wilfully and intentionally fails to do so as soon as practicable, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than one nor more than five years. Failure to obey order to disperse a felony. SEC. 24. Be it further enacted, Any person or persons composing or taking part, or about to take part in any riot, rout, mob, tumult, or unlawful combination or assembly mentioned in this Act, having been duly commanded to disperse, or where the circumstances are such that no command is requisite, under the provisions of this Act, the civil officer to whom such force is ordered to report, or the military officer in command, shall take such steps and make such disposition for the arrest, dispersion and quelling of the persons composing, or taking part in any such mob, riot, tumult, outbreak or unlawful assembly or combination mentioned in this Act, as may be deemed by him requisite to that end, and if in doing so, any person is killed, wounded, or otherwise injured, or any property injured or destroyed by the civil officer or officer or member of said military forces, or by any other person lawfully aiding them, such civil officer, military officer, or member of said military forces, or person lawfully

Page 142

aiding them, shall be held guiltless in all cases, unless it be made to appear that such killing, wounding or injury of persons, or injury to or destruction of property, was wanton or malicious; and should any officer or soldier be sued in any civil court or prosecuted in the criminal court charged with any damage to private property or injury to person in the performance of any of the foregoing duties, or any act in the line of his duty, it is hereby made the duty of the solicitor-general, at the State's expense, to defend such officer or soldier. Discretion of commanders. SEC. 25. Be it further enacted, If any portion of the military forces, or other persons lawfully aiding them in the performance of any duty under the provisions of this Act are assaulted, attacked, or in imminent danger thereof, the commanding officer of such troops need not await any order from any civil officer, but may at once proceed to quell such attack and take all other needful steps for the safety of his command. Defensive action. SEC. 26. Be it further enacted, Whenever any shot is fired or missile thrown at, against, or upon any body of said military forces, or at, against, or upon any officer or member thereof, assembling or assembled for the purpose of performing any duties under the provisions of this Act, it shall forthwith be the duty of every person in the assemblage from which the shot is fired or the missile thrown, to immediately disperse and retire therefrom without awaiting any order to do so; and any person knowing, or having a reason to believe that a shot had been fired or missile thrown, as aforesaid, from any assemblage of which said person formed a part, or with which he is present, and failing immediately, without lawful excuse, to retire from such assemblage, shall be guilty of a misdemeanor; and any person so remaining in such assemblage after being duly commanded, as provided hereinbefore to disperse, shall be guilty of a felony, and on conviction thereof, shall be imprisoned in the penitentiary for not less than one nor more than five years. Shooting at or throwing missile at militery. SEC. 27. Be it further enacted, Whenever any riot, rout, tumult, mob, or unlawful assembly has occurred or is progressing, or is so imminent that any portion of the said military forces is or has been called out for the performance of any duty under the provisions of this Act, it shall be lawful for the civil officer, under whose orders the military forces are acting, or of the commanding officer of such military forces, if it be deemed advisable to do so, in subduing or preventing such riot, rout, mob, tumult, or unlawful assemblage, or the outbreak thereof, to prohibit all persons from occupying or passing any street, road, or place in the

Page 143

vicinity of the riot, rout, mob, tumult, or unlawful assembly, or the place where the same is threatened, or where the said military forces may be at the time being, and otherwise to regulate the passage and occupancy of such streets and places. Any person, after being duly informed of such prohibition and regulation, who attempts to go or to remain on such street, road or place, or who fails to depart after being warned, is guilty of a misdemeanor, and upon conviction, shall be punished therefor. Streets and places of assemblage SEC. 28. Be it further enacted, The commanding officer of any body of said military forces guarding any jail, building or other place, or escorting any prisoner or performing any other acts of duty, may, if he deems it advisable, prescribe a reasonable distance in the vicinity of such jail, building or other place or escort of such prisoner, within which persons shall not come; and any person coming within such limits, without the permission of said officer, or refusing to depart after being ordered to do so, shall be guilty of a misdemeanor, and shall be placed under arrest by the military authorities, using such force as may be necessary. Guards. SEC. 29. Be it further enacted, Whenever any troops are ordered out by a civil officer under the provisions of this Act, without first obtaining an order from the Governor, it shall be the duty of the civil officer, and also of the commander of such troops, to report the facts to the Governor as soon as practicable. Reports to Governor. SEC. 30. Be it further enacted, Any civil officer, military officer, or member of the said military forces, or any person lawfully aiding them in the performance of any military duty required under the provisions of this Act, if indicted or sued for any crime or trespass, or for any injury to person or property in endeavoring to perform such duties, shall have the right, and it is hereby made the duty of the court in which such indictment or suit is pending, upon the application of any person thus indicted or sued, to transfer the trial of the indictment or suit to some county other than that in which the indictment was found or the injury done, such transfer shall be to any county that may be agreed upon by the solicitor-general and the defendant or his counsel, in case of indictment, or by the parties and their counsel, in case of suit. If a county is not thus agreed upon, the judge shall select such county as, in his judgment, will afford a fair and impartial jury to try the case, and have it transferred accordingly. Venue of cases against officers and members of military forces. SEC. 31. Be it further enacted, Any officer whose command is called out under the provisions of this Act, and reporting to any civil officer, may require such civil officer to make such order

Page 144

in writing and to prescribe therein the outline of the duties required of him and his command; and such officer may decline to obey such orders until the same are put in writing; and while such commanding officer must obey all lawful commands of such civil officer, unless the same are countermanded by or are at variance with the orders of the Governor, such commanding officer may use his discretion as to the manner of carrying out such orders so long as he complies with their spirit. Order of civil to military officer. SEC. 32. Be it further enacted, Whenever any portion of the militia shall be on duty under or pursuant to orders of the Governor, or shall be on duty or ordered to assemble for duty in time of war, insurrection, invasion, public danger, or to aid the civil authorities on account of any breach of the peace, tumult, riot, resistance to process of this State, or imminent danger thereof, or for any other cause, the Articles of War governing the army of the United States, and the regulations prescribed for the army of the United States, as far as such regulations are consistent with this Act, and the regulations issued thereunder, shall be enforced and regarded as a part of this Act until said forces shall be duly relieved from such duty. As to offences committed when such Articles of War are so in force, courts-martial shall possess, in addition to the jurisdiction and power of sentence and punishment herein vested, all additional jurisdiction and power of sentence and punishment exercisable by like courts under such Articles of War or the regulations or laws governing the United States Army, or the custom and usages thereof, but no punishment under such rules and articles which shall extend to the taking of life shall, in any case, be inflicted except in time of actual war, invasion, and insurrection, declared by proclamation of the Governor to exist, and then only after the approval by the Governor of the sentence inflicting such punishment. Imprisonment other than in guard-house shall be executed in jails or prisons as hereinafter provided. Articles of war and army regulations. SEC. 33. Be it further enacted, The National Guard of the State shall consist of an Adjutant-General's Department, an Inspector-General's Department, a Judge Advocate-General's Department, a Quartermaster's Department, a Subsistence Department, a Medical Department, an Ordnance Department, organized as hereinbefore provided, not to exceed five regiments of infantry, one regiment of cavalry, two batteries of field artillery, one battalion of coast artillery, to consist of not more than four nor less than three companies, which shall be armed and equipped as infantry and instructed and trained as heavy or coast artillery,

Page 145

one company of signal corps, one company of engineers, one ambulance company, or company of hospital corps, all persons commissioned or enlisted in any of the above-mentioned organizations or departments, and all retired officers and enlisted men. National Guard. SEC. 34. Be it further enacted, Each regiment, battalion, squadron, company, battery, and troop shall be organized to conform to similar organizations in the United States Army, and the Governor shall have authority to alter, divide, annex, consolidate, disband, or reorganize any such organization, to create new organizations, and to commission or enlist, or to discharge, the necessary officers and enlisted men, whenever, in his judgment, the efficiency of the National Guard will be thereby increased or to conform to any change of organization in the United States Army; and in case of war, insurrection, invasion, or imminent danger thereof, the Governor shall have authority to increase the force beyond the maximum established by law, and to organize the same, with proper officers, as the exigencies of the service may require, but that in time of peace he shall restrict by order the maximum enlisted strength of the National Guard to four thousand (4,000), until each man thereof shall be armed, uniformed, and equipped to conform to the requirements of the United States regulations; provided, that the organization of all regiments shall include one surgeon, with the rank of major, one assistant surgeon with the rank of captain, two assistant surgeons with the rank of first lieutenant, one sergeant, first class, of the hospital corps, who shall have the relative rank of a first sergeant, three sergeants of the hospital corps, three corporals of the hospital corps, six privates, first class, of the hospital corps, three privates of the hospital corps, and one chaplain, with the rank of captain; that the organization of an unassigned battalion shall include one assistant surgeon with the rank of captain, and one-third of the enlisted men, including non-commissioned officers other than the sergeant, first class, of the hospital corps, authorized for a regiment, and a chaplain with the rank of first lieutenant; and that the organization of the batteries of field artillery shall include one assistant surgeon with the rank of first lieutenant; provided further, that the enlisted strength of each company, troop, and battery shall not be less than forty, and that the Governor may, in his discretion, fix the maximum enlisted strength of each company, troop, and battery at such number as may be to the best interest of the State, the same to be uniform throughout the State, and that he shall announce in orders, from time to time, the organization of each unit. Organizations.

Page 146

SEC. 35. Be it further enacted, All officers shall be commissioned by the Governor to the particular office to which elected or appointed, in his discretion, for the period of their good behavior, provided that the term of service of all staff officers shall expire when the officer on whose recommendation they were appointed vacates his office through death, resignation, or removal from any cause, and provided further, that each and every such officer shall continue in the service and perform the duties pertaining to his office until his successor shall be duly qualified, unless specially relieved by the Governor. Officers, how commissioned. SEC. 36. Be it further enacted, The date from which an officer on the active list takes rank shall be the date of election, or appointment, unless at the time of such election or appointment the officer be in active commission in the same grade, in which case the officer shall be entitled to rank from the date of original rank in such grade, chaplains and medical officers excepted. Rank of officers. SEC. 37. Be it further enacted, No man shall be commissioned an officer of the National Guard or of the Naval Militia of this State unless he is a citizen of the United States of the age of eighteen and upward, and shall have successfully passed the examination provided hereinafter; provided, that no man shall be so commissioned who has ever been dishonorably discharged from the military or naval service of this or any other State or country, unless the disability herein caused by such dishonorable discharge shall have been removed in a manner satisfactory to the Governor. Eligibility to office in National Guard or naval militia. SEC. 38. Be it further enacted, Company officers shall be elected by the officers and enlisted men of the company: field officers shall be elected by the field and company officers of the regiment or unassigned battalion. Elections for a commander of a regiment or commander of an unassigned battalion shall be ordered by the Governor; elections for a junior officer shall be ordered by the commander of a regiment or unassigned battalion; elections for officers of unassigned companies shall be ordered by the Governor. All elections shall be conducted and returns thereof made, and all contests decided in such manner as may be prescribed by regulations. A plurality of the votes cast shall be necessary for an election to any office in the military forces. Commissioned staff officers of regiments, unassigned battalions and batteries of light artillery, shall be appointed and commissioned by the Governor upon recommendation of the respective commanders. Commissioned staff officers of battalions of a regiment shall be appointed and commissioned by the Governor upon the

Page 147

recommendation of respective battalion commanders approved by the regimental commander, and all such staff officers shall be subject to examination as to their fitness for commission. The appointment of medical officers and chaplains shall conform to the laws and regulations providing for the appointment of other staff officers of a regiment or unassigned battalion. Election of officers. SEC. 39. Be it further enacted, Every person thinking himself aggrieved by the proceedings at an election may appeal to the Governor, by filing at the time of the election with the presiding officer thereat notice of such intended appeal, and forwarding a full statement of the grounds of such appeal, within ten days of the date on which the election took place. The Governor may direct, upon such appeal, an officer to take testimony in the case, and to report his findings, and such officer shall have the power to take evidence, administer oaths, issue subp[oelig]nas and compel witnesses to attend and testify and produce books and papers, and punish their failure to do so, as is possessed by a general court-martial. The decisions of the Governor as to the result of any election shall be final. Appeals from elections. SEC. 40. Be it further enacted, Every person commissioned as an officer in the National Guard of this State, before he shall assume such rank and enter upon the duties of the office to which he may be commissioned, shall accept such commission, and shall take and subscribe before some person authorized, such oath and declaration as may be prescribed by the Governor. Any officer or enlisted man, active or retired, who accepts a commission, or any officer, active or retired, who enlists in any military organization of this or any other State or country, shall thereby vacate his former commission or enlistment, as the case may be. In case of neglect or refusal to take, subscribe and file such oath with the adjutant-general within ten days from the date of issue of said commission such commission may be forthwith cancelled by the Governor. Oath of officers. SEC. 41. Be it further enacted, Every person elected or appointed a commissioned officer in the National Guard of this State shall before being commissioned appear before an examining board, who shall examine such person, as to his physical, mental, moral and other fitness for military service, provided that officers reelected or reappointed their own immediate successor shall not be required to stand examination. The Governor may in his discretion waive the examination in the following cases: (a) When a field officer is elected or appointed to higher rank. (b) When the applicant for commission is an officer in active

Page 148

commission, who has received within one year a commission of the same or higher grade for which an examination was held. (c) When a person is appointed an aide-de-camp or military secretary to the Governor or a chaplain. Examinations. SEC. 42. Be it further enacted, Boards of examination may be appointed by the Governor, and shall consist of not less than two competent officers, and shall have the same power to take evidence, administer oaths and compel witnesses to attend and testify and produce books and papers, and punish their failure to do so as is possessed by a general court-martial. When election returns or notice of appointment is received the person elected or appointed shall be ordered by the Governor before a board for examination as provided by law and in regulations. Boards of examination. SEC. 43. Be it further enacted, Any officer of the National Guard of this State who has served as such for not less than ten years, or who has served in the ranks and in commission for not less than fifteen years, may, upon application approved by the Governor, be honorably retired from active service with the highest rank, brevet or otherwise that he has held in the service of this State; provided, that any officer who discharges or has discharged the duties of a higher grade for a period of not less than four consecutive months, under special assignment from the Governor, may when retired be retired with the rank of said higher grade, and such officer shall have all the rights, privileges, immunities and exemptions now or hereafter enjoyed by the active militia of this State and shall be entitled to wear upon all proper occasion the uniform of his rank; provided, that the time of service in the Confederate States Army or Navy, or in the United States Army or Navy as a volunteer of this State subsequent to 1870, shall be counted double in computing service, and that the service herein required need not be continuous, but must have been honest and faithful, and all such retired officers shall, with their consent, be available for active duty on all boards, court-martial, superintendents of elections, and they shall perform such other duties, except to command troops, as may be from time to time assigned them by the Governor. All retired officers and all officers hereafter retired under the provisions of this Act shall be commissioned without examination as officers of the National Guard of Georgia Retired, or of the Naval Militia of Georgia Retired, as the case may be, and officers retired from active duty with the grade actually held by them in active service at the date of retirement, shall be commissioned to rank from the date of rank held in active service, and officers retired

Page 149

with a higher grade than that actually held by them in active service at the date of retirement, shall rank from the date of their retirement; provided, that officers now retired shall be commissioned as retired officers under the above named conditions, and shall take and subscribe to the oath of office before the first day of March next after the date of approval of this Act, and any such officer who shall fail or neglect to subscribe the said oath of office within the time specified, shall be deemed to have forfeited his commission, and such commission shall be forthwith cancelled. Retired officers. SEC. 44. Be it further enacted, Whenever in the opinion of the Governor the interests of the service require, he is hereby authorized to appoint a board of three officers, to be known as a Retiring Board, to pass upon the fitness of any officer for continuance in commission. Should this board after giving such officer an opportunity to be heard, find that he for any cause whatever should not be continued in commission, such officer may, with the approval of the Governor, be wholly retired from the service of the State, and his commission cancelled, or should he be entitled to be commissioned as a retired officer, and the retiring board so recommend, he shall be withdrawn from active service, and commissioned as a retired officer. Retiring Board. SEC. 45. Be it further enacted, That the Governor may discharge any officer of the aforesaid military forces for any one of the following reasons, to wit: Upon tender of resignation, or when it appears to the Governor that an officer is unable or unfit to discharge the duties of his office, or to exercise proper authority over his inferior officers or soldiers, or that he has been convicted of an infamous crime, or when he has removed his residence from the home station of his command to so great a distance that it is inconvenient to perform the duties of his office, or when he has been absent from his command for a longer period than thirty days without leave of the Governor, or upon the disbandment of the organization to which he belongs, or upon the recommendation of the retiring board, or in pursuance of a sentence of a court-martial. Discharge of officers SEC. 46. Be it further enacted, Any man who is a citizen of the United States, or has declared his intention to become a citizen, if more than eighteen or less than forty-five years of age, able-bodied, free from disease, of good character and temperate habits, and who can read and write, may be enlisted in the National Guard of this State. All enlistments shall be for a term of two years, unless otherwise ordered by the Governor. Persons

Page 150

discharged for the good of the service, or dishonorably discharged from the military or naval service of this or any other State or country shall not be enlisted unless such disability shall be removed in a manner satisfactory to the Governor. No minor shall be enlisted without the written consent of his parents or guardian. Enlistments. SEC. 47. Be it further enacted, Any man who has served honorably a previous enlistment in the military of this State, may be reenlisted for a term of two years, until otherwise ordered by the Governor; provided, that no man above the age of forty-five years shall be reenlisted unless the requirements of the preceding section have been complied with. Reenlistments. SEC. 48. Be it further enacted, Every person who enlists or reenlists shall sign and make oath to an enlistment paper, which shall contain an oath of allegiance to the State and to the United States, and be in such form as may be prescribed by the regulations issued by the Governor. Such oath shall be taken and subscribed before an officer of the National Guard of the State, and any person making a false oath as to any statement contained in such enlistment paper, shall upon conviction be deemed [Illegible Text] of perjury. Enlistment oath. SEC. 49. Be it further enacted, Commissioned officers shall not be transferred from one organization or branch of the service to another, but may be reappointed and recommissioned to another office as provided in this Act. Enlisted men shall be transferred for cogent reasons only, and in the following manner, in the same regiment or unassigned battalion or squadron by the commander thereof, in all other cases by the Governor, non-commissioned officers shall not be transferred as such, but will be reduced to the grade of private before the transfer is effected. Transfers. SEC. 50. Be it further enacted, Commanding officers of regiments and of battalions and squadrons not part of regiments shall appoint and warrant the non-commissioned staff officers of their respective regiments, battalions and squadrons, and they shall in their discretion warrant the non-commissioned officers of the troops, batteries and companies of their respective regiments, battalions and squadrons, from the members thereof upon the written nomination of the commanding officers of the troops, batteries and companies respectively in troops, batteries and companies not part of a regiment, battalion or squadron, and in signal, engineer and hospital companies the non-commissioned officers shall be appointed and warranted by the commanding officer of such company or corps. Non-commissioned officers of the hospital corps shall be appointed and warranted by the commanding

Page 151

officer of the regiment or unassigned battalion to which they belong, on recommendation of the senior medical officer as in the case of other non-commissioned staff officers, and the said commanding officer shall designate in orders the privates, first class, of the hospital corps; provided, that no one shall be appointed a non-commissioned officer of the hospital corps above the grade of corporal except he be a practicing physician or a licensed drugist and shall have been recommended for such appointment by a medical officer of the organization under orders of its commanding officer. Non-commissioned staff officers. SEC. 51. Be it further enacted, Any regiment, battalion or company may provide a roll to be known as the Retired Enlisted Roll, and any enlisted man of the command who shall have served honorably for ten years in the service of this State, shall be entitled to be honorably retired from active service by the Governor, and have his name placed on said roll with the highest enlisted rank he may have held in the service of this State, and shall be entitled to wear upon all proper occasions the uniform of his rank, and to parade with such organization upon any occasion or ceremony. Such service need not be continuous, but shall have been honest and faithful. Retired enlisted roll. SEC. 52. Be it further enacted, No enlisted man of the military forces of this State shall be discharged before the expiration of his term of enlistment, except by order of the Governor, or for any of the following reasons, to wit, to accept promotion by commission: Upon removal of residence from the State, or out of the bounds of the command to which he belongs, to so great a distance that in the opinion of his commanding officer he can not properly perform his military duty; upon disability established by the certificate of a medical officer, or where no medical officer is available, upon the certificate of a competent physician; upon conviction in the civil court of a crime involving moral turpitude; upon his own application, approved by the commanding officer of the organization to which he belongs, and by superior commanders; to carry out the sentence of a court-martial, or whenever in the opinion of the Governor the interests of the service demands such discharge. Discharge of enlisted man. SEC. 53. Be it further enacted, It shall be the duty of the Governor to require the adjutant-general to inspect or cause to be inspected at least once in each calendar year the military property and records of each organization, the State camp-grounds, all rifle ranges, and, in the discretion of the Governor, all military schools and colleges in the State, and the property of the State

Page 152

in their possession, and to muster and inspect the officers and enlisted men of each company or detachment of the organized militia, and of larger units when practicable, and to attend and observe all parades, reviews and encampments of companies or larger organization when practicable. The Governor shall authorize a day set for the annual inspection and muster of each company or larger unit when practicable, and attendance thereat shall be compulsory. The officers and enlisted men ordered out for annual inspection and muster shall lay aside all other business and be and appear at the place and time designated, and on failure to do so without good and valid excuse, to be determined by the regimental or unassigned battalion commander or adjutant-general, shall pay a fine of $10, in default of which they shall be, in the discretion of the Governor, confined in any jail or prison for ten days. Inspection of property and records. SEC. 54. Be it further enacted, Officers and enlisted men of each troop, battery and company shall assembly for and undergo drill and instructions at company, battalion or regimental armories (troop squadron or battery armories for cavalry or field artillery), or rendezvous or for target practice not less than twenty-four times each calendar year preceding the annual allotment of funds under section 1661, Revised Statutes of the United States, as amended. During the same period there shall be at least one annual inspection of each troop, battery and company by an officer of the National Guard, or by an officer of the regular army of the United States, at such times as the Governor may direct. In addition to such drills and parades the commanding officer of any organization may require the officers and enlisted men of his command to meet for drill or instruction at such times and places as he may appoint. Drills and instructions. SEC. 55. Be it further enacted, Each troop, battery or company not specially excused by the Governor will be required to participate for at least five days annually in practice marches or camps of instruction, under such regulations as the Governor may prescribe, and under such instructors as he may appoint. Camps of instruction. SEC. 56. Be it further enacted, That same discipline and exercise of the National Guard of this State shall conform generally to that of the army of the United States as it now or may hereafter be prescribed by the President, and to the provisions of laws of the United States, except as otherwise provided in this Act. Discipline. SEC. 57. Be it further enacted, Orders for duty may be oral, or reading the order to the person warned, or by delivering a copy to such person, or by leaving a copy of such order at the last

Page 153

known place of abode, or business of such person with some one of suitable age and discretion, or by sending a copy of such order or a notice containing the substance thereof to such person by mail, directed to him at his last known place of abode or business, or to the postoffice nearest thereto. Such warning may be given by any officer or non-commissioned officer. The officer or non-commissioned officer giving such warning shall make a return thereof containing names of the persons warned, and the time, place and manner of warning. Such return shall be verified by his oath, which may be administered by any officer. Such verified return shall be as good evidence, on the trial of any person returned as a delinquent of the facts therein stated as if such officer or non-commissioned officer had testified to the same before the court on such trial. Every commanding officer shall make the like return, on honor, and with like effect, of every delinquency and neglect of duty of his officers and non-commissioned officers, and also of every enlisted man who shall refuse or neglect to perform such military duty as may be required. Orders for duty, how given. SEC. 58. Be it further enacted, The officer ordering any military duty shall have the power to excuse any officer or enlisted man for absence therefrom upon good and sufficient grounds, unless otherwise provided. Excuse for absence. SEC. 59. Be it further enacted, The Governor or the commanding officer of any regiment, battalion or company may enforce the attendance at any drill, encampment or other duty of any officer or enlisted man of his command, and may use such force as may be necessary. Drills or encampments, attendance. SEC. 60. Be it further enacted, Court-martial and courts of inquiry for the National Guard of this State shall be the same class and kind as shall from time to time be prescribed by law for the United States Army. A general court-martial shall be convened only by the orders of the Governor, and the punishing power of such court shall in time of peace extend to dishonorable discharge from the service of the State, forfeiture of all pay and allowances, and such punishment as is now or hereafter may be prescribed for misdemeanors by the penal laws of this State. Regimental, garrison and summary courts may be convened for the trial of enlisted men by the commanding officer of any post, unassigned battalion or larger unit of organization, and the punishing powers of such regimental and garrison courts in time of peace shall extend to reduction to ranks, forfeiture of all pay, and allowances, dishonorable discharge from the service of the State, and a fine of thirty dollars, or thirty days' confinement in

Page 154

any guard-house, jail or prison. The extent of summary court punishments shall be the same as regimental or garrison courts, except that the fine shall not exceed ten dollars, or the confinement shall not exceed ten days. Courts of inquiry may be convened by the Governor or any commanding officer in like manner as provided by the 115th Article of War for such purpose as therein provided. The Constitution and procedure of the aforesaid courts shall be the same as for like courts in the United States Army, except in so far as may be modified by this Act, and the regulations issued by the Governor in pursuance thereof; provided, that no sentence of confinement in other than a military guard-house shall be enforced until approved by the Governor. The aforesaid courts shall have the same power to compel the attendance of civilian and military witnesses as possessed by civil courts of this State, and shall also have power to punish for contempt of their authority the same as superior courts of this State. In case of war or insurrection, or imminent danger thereof, the aforesaid courts shall have authority to impose forfeitures, fines and penalties in accordance with military law and the Articles of War governing the United States Army. Court-martial and court of inquiry SEC. 61. Be it further enacted, No action or proceeding shall be prosecuted or maintained against a member of a military court, or officer acting under its authority or reviewing its proceedings, on account of approval or imposition or execution of sentence, or the imposition or collection of a fine or penalty or the execution of any warrant, writ, executions, process or mandate of a military court. Members of military court. immunity of SEC. 62. Be it further enacted, The jurisdiction of the courts and boards established by this Act shall be presumed, and the burden of proof shall rest upon any person seeking to oust such courts or boards of the jurisdiction in any action or proceeding. Jurisdiction of military courts. SEC. 63. Be it further enacted, When the punishment inflicted by courts-martial is, or includes, imprisonment and chain-gang punishment, or either, the person so convicted shall be delivered by the military authorities to the sheriff of the county wherein such conviction was had, together with a copy of the sentence of the court, to be dealt with as if such conviction had been had in the superior court of such county. Convicts, disposition of. SEC. 64. Be it further enacted, Soldiers or officers discharged for the good of the service, or dishonorably discharged or expelled from the military forces of this State, or from the volunteers or National Guard of any other State, or from the army or navy of the United States, shall not be enlisted, and shall not be

Page 155

appointed to nor allowed to hold any military position, either of honor or emolument, unless such discharge or expulsion shall have been revoked or the disability removed by the Governor. Discharge or expulsion, effect of. SEC. 65. Be it further enacted, All fines, forfeitures and penalties assessed by any court-martial shall be collected by execution issued under the hand of the president of the court, and directed to the sheriff and returnable to the superior court of the county in which the delinquent resides, and shall have the same force and effect as civil process of the same character. All moneys collected from such fines and forfeitures shall be paid into the military fund of the State, except those collected by the execution of company courts-martial, which shall be paid to the company or organization treasury. Fines and forfeitures, enforcement of. SEC. 66. Be it further enacted, All moneys appropriated by the General Assembly for military or naval purposes shall continue and be kept in the treasury as a separate fund, to be known as the military fund, and all moneys collected for fines or forfeitures, or loss of or damage to, any military property, or otherwise, under the provisions of this Act, by any officer or civil or military court shall be paid into this fund. All moneys placed in the military fund shall remain available for military purposes and shall not be covered into the general fund of the treasury; and no part of said military fund shall be used for any purpose except as shall be authorized by law, and it shall be drawn from the treasury only on the warrant of the Governor, according to law. Military fund, custody and application of. SEC. 67. Be it further enacted, No officer or soldier of the militia shall incur any expense whatsoever to be paid by the State, except such as is authorized by this Act, without first obtaining the authority of the Governor; in extreme emergencies, however, the commanding officer of any organization or detachment of the active militia may make purchase of such necessities as are absolutely required for the immediate use and care of his command; a report of such action, containing a statement of the articles purchased and the price thereof, must be made forthwith through the military channel to the adjutant-general. The adjutant-general, or such officer as the Governor may designate, shall be the auditor of all accounts payable from the military fund of the State, and copies of the orders or contracts under which such purchases are made shall be filed in his office. Expenses of militia, how paid. SEC. 68. Be it further enacted, No armed military force from

Page 156

another State, Territory or District shall be permitted to enter the State for the purpose of doing military duty therein without the permission of the Governor, unless such force is part of the United States Army or is acting under the authority of the United States. No part of the organized militia of this State shall leave the State as an organization, with or without arms, without the consent of the Governor, and any organization so offending shall be disbanded. Military forces of other States and of United States. SEC. 69. Be it further enacted, All organizations shall be provided by the State with such arms, equipment, colors, camp and garrison equipage books of instruction and of record, and other supplies as may be necessary for the proper performance of the duty required of them by this Act; and each organization shall keep such property in proper repair and in good condition. The Governor shall cause the necessary inspection to be made to ascertain if this section is fully complied with, and in case any organization shall be found deficient in the care of the property entrusted to them, they may in addition to replacing such loss or damage, be, in the discretion of the Governor, disbanded. Equipment, how provided. SEC. 70. Be it further enacted, Every commissioned officer shall provide himself with the arms, uniforms and equipments prescribed and approved by the Governor. Equipment of officers. SEC. 71. Be it further enacted, The Governor is authorized, upon the request of any officer or enlisted man of the militia, to purchase for cash at the expense of such officer or enlisted man, under such regulations as may be prescribed by the Governor, any military stores, supplies or material of war, or military publication, sold in open market, or by the United States under section 17 of an Act of Congress to promote the efficiency of the militia, and for other purposes, approved July 21, 1903, and to make the aforesaid officer or enlisted man the proper bill of sale for property so purchased. Purchases for militia SEC. 72. Be it further enacted, There shall be a dress and service uniform prescribed from time to time by the Governor and furnished to the enlisted men of such commands as may make proper requisition therefor. Any command having and using a uniform heretofore adopted by it, may retain and use such uniform at all times and for all purposes until such command shall make a material change in the uniform in use by it, when such change shall be to the regulation uniform. Changes in the cut of the coat or blouse, or in the shape of the cap or other headgear, or in the trimmings of either, shall not be deemed material changes. Any company, battalion or regiment may

Page 157

adopt and wear a full dress uniform when the whole command to which they are attached are similarly equipped. Dress and service uniform. SEC. 73. Be it further enacted, All arms, accoutrements and other property for the use of a company shall be issued to, receipted for, and accounted for by the commanding officer thereof. All property for the use of the headquarters of a regiment, including its battalions, or an unassigned battalion, including bands and hospital corps, shall be issued to, receipted for and accounted for by the quartermaster thereof. Property issued to officers and enlisted men of the general staff department shall be under such regulations as the Governor may prescribe. No issue of property shall be made until after there shall have been executed and delivered to the Governor a personal bond with two sureties, or a bond of a surety company, to be approved by the Adjutant-General, by the officer who is responsible and accountable for such property, in such sums as may be prescribed by regulations, payable to the Governor and his successors in office, when required, for the safe-keeping, proper use and care of and prompt surrender of such property with which he may be properly chargeable. In the event of death, resignation, promotion or dismissal of any officer accountable for personal property, the officer succeeding to his duties shall, within sixty days from the date of the aforesaid resignation, promotion, death or dismissal, furnish a good and sufficient bond, as above required, and shall report to the Governor the arms, accoutrements and other military property remaining on hand of those originally issued to the command or officer, and shall have delivered to the Governor his bond and receipt for same. In the event of failure to comply with the above conditions the commission of such officer shall be declared vacated. The person giving bond for arms, accountrements and other military property, his executors, administrators and sureties, shall be liable for suit in the proper courts for damages resulting from any breach thereof, and it shall be the duty of the Adjutant-General to secure a settlement of same. Every officer or soldier to whom public property has been issued shall be personally responsible to the officer accountable for such property, and to the State, for the safe-keeping, proper use and care of, and prompt surrender of such property, and may be prosecuted in any court, civil or military, having jurisdiction thereof, for any loss or injury to the same, and all such persons shall be subject to attachment and garnishment under the rules of the law governing such remedies. Any officer or soldier who shall sell or otherwise dispose of any arms, accoutrements, or other personal property

Page 158

belonging to the State, or issued to the State by the United States, in his custody, possession or control, or who shall issue or use such property, or allow such property to be used or issued, in a manner other than that provided for in this Act, and the regulations issued in pursuance thereof, or who shall refuse to deliver such property to the proper officer when called for, shall be guilty of a misdemeanor and upon conviction by a court-martial shall be punished therefor and shall be dismissed from the military service of the State. No one shall be relieved from responsibility, or accountability, as the case may be, or both, for public property issued them unless it be shown to the satisfaction of the Governor that it has properly disposed of, or that any loss or damage thereto was unavoidable, and in no way the fault of the person responsible, or accountable, for the property; and in all other cases the value of the property lost or damaged shall be charged against the person at fault, or to the organization to which it has been issued, and such person or organization, if not relieved from such charge by the Governor, shall pay the value of such property to the Adjutant-General within a reasonable time after such loss or damage, and upon a failure to do so, the Adjutant-General shall proceed to collect the account in the courts having jurisdiction. The value of lost or damaged property and the person or organization to be charged therewith may be determined by a board of officers to be appointed by the Governor, which shall consist of three officers, including an officer of the Inspector-General's department. Property supplied by State to commands, how accounted for. SEC. 74. Be it further enacted, The property issued by the State to its militia remains the property of the State, and it shall be unlawful for any person not connected with the militia to retain possession thereof, unless the title is acquired under the authority of the law. It shall, therefore, be the duty of any officer of the National Guard to seize or cause to be seized property of the State in the possession of parties not entitled thereto; and where such officer has reason to apprehend that any property of the State has been wrongfully converted, to seize the same, if such seizure is necessary to preserve the property, or to prevent the escape of the person in possession thereof; and when such officer has reason to apprehend that the property of the State has been secreted or concealed, it shall be his duty to go before an officer authorized to administer oaths and to make oath that [Illegible Text] has reason to believe that said property is so concealed, [Illegible Text] the places to be searched, and it shall be the duty of a civil officer to issue a warrant authorizing the search of the premises [Illegible Text] in the affidavit. Property of the State, seizure of.

Page 159

SEC. 75. Be it further enacted, Whenever any officer or enlisted man is ordered on active duty by the Governor or his authority, or in pursuance of law, for the purpose of quelling insurrection, suppressing mobs or riot or otherwise, their pay, in addition to all transportation, quarters and subsistence, shall be for each day as follows: Brigadier-generals, six dollars; colonels, five dollars; lieutenant-colonels and majors, four dollars; captains, three dollars; lieutenants, two dollars. All non-commissioned staff officers and first sergeants, one dollar and fifty cents; all other non-commissioned officers, one dollar and twenty-five cents; all privates, one dollar. In computing the length of the term of service, a day's pay shall be allowed for each twenty-four hours or fraction thereof, beginning with the hour that the duty commences. Any officer on duty under pay who discharges the duties of a higher grade for a period of not less than thirty consecutive days, under special assignment from the Governor, shall be paid as of the higher rate of pay. Pay for active service. After fifteen days' continuous service, when called out on State duty, the pay and allowances of officers and men shall be the same as for like grades in the United States Army. Pay when engaged in camp and field service for instruction, as provided in sections 14 and 15 of the Act of Congress to promote the efficiency of the militia, and for other purposes, approved January 21st, 1903, shall be the same as received by like grades in the United States Army. Troops ordered out for inspection, muster, small arms practice, drill, parade, review, or other ceremony, or field service for instruction, not extending beyond one day, shall not be entitled to pay unless so specified by authority of the Governor in the order for such service. The Governor may, in his discretion, deduct, or have deducted, from the pay due any officer or enlisted man the amount of any indebtedness due the State by such officer or enlisted man for military fines or forfeitures, or for damages to, or loss of, any military property of the State, or of the United States issued to the State. The compensation herein provided for, as well as the cost of transportation, subsistence and quarters, shall be paid out of the military fund unless otherwise specially provided. SEC. 76. Be it further enacted, Whenever the State of the military fund will permit, the Governor, in his discretion, may prescribe an allowance to officers to cover the expense of their uniforms, arms and equipment. Allowance for equipment of officers SEC. 77. Be it further enacted, Whenever the state of the

Page 160

military fund will permit, the Governor, in his discretion, may make an allowance to each company, and to each headquarters of regiments and unassigned battalions or squadrons, and to signal, engineer and hospital corps, for the purpose of defraying their rent and other incidental expenses, to be paid and accounted for in such manner as may be prescribed by regulations. Allowance to commands for rent. SEC. 78. Be it further enacted, The Governor, in his discretion, is authorized to accept donations of lands and buildings to be used for military purposes by the organized militia of the State, under such conditions as the donors may nominate, and he is empowered to make such rules and regulations governing such property as he may deem best for the interest of the State and the organized militia. Donations to militia. SEC. 79. Be it further enacted, No person belonging to the active militia of the State shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty, and no part of the uniform or equipment of any officer or soldier of the National Guard or naval militia of this State shall be subject to levy and sale for debts. Exemptions from civil process. SEC. 80. Be it further enacted, The United States forces or troops, or any portion of the Georgia military forces, being assembled for any purpose, or performing any duty according to law, shall have the right of way in any street or highway through which they may pass; provided that the carriage of the United States mails, the legitimate functions of the police and the progress and operation of fire engines and fire departments shall not be unnecessarily interfered with thereby. Right of way in streets and highways. SEC. 81. Be it further enacted, Every officer and enlisted man of the aforesaid military forces shall be exempt from road duty and street tax during the time of his service. Each company of the State military forces shall have the privilege of bearing upon its roll a class of membership, not to exceed thirty in number, to be known and designated as special pay members, who, upon paying a sum of money, as prescribed by said company, not less than twenty-five dollars per annum to said company, shall be exempt from jury duty, road duty and street tax so long as such membership is continued. Certificates of membership shall be prepared and signed by the company commander and delivered to each of the special pay members of the company, and when produced in any court of this State shall be evidence of the right of the holder thereof to the exemptions herein granted. Exemptions from road duty and street tax. SEC. 82. Be it further enacted. The commanding officer,

Page 161

upon any occasion of duty, or his duly authorized representative, may place in arrest during the continuance thereof, and deliver to the proper civil authorities with charges in writing after relief from such duty, any person who shall, after due warning, trespass upon the camp ground, parade ground, armory or other place devoted to such duty, or shall in any way or manner interrupt or molest the orderly discharge of duty by such troops, or shall disturb or prevent the passage of troops going to or returning from any duty, or shall insult, by jeer or otherwise, any officer or soldier while on duty or going to or returning from duty. He may prohibit and prevent the sale, giving away, or use of all spirituaous liquors, wines, ale, or beer, the holding of huckster or auction sales, all gambling, and the establishment and maintenance of disorderly places within the limits of the post, camp grounds, rifle range, place of encampment, drill, parade, review, or other occasion, under his command, or within such limits not exceeding one mile thereform, as he may prescribe. Any person who shall offend as provided in this section, shall be deemed guilty of a misdemeanor and shall upon conviction be punished therefore. Trespassers on camp grounds and other places. SEC. 83. Be it further enacted, It shall not be lawful for any body of men whatever, other than the military forces of this State, and the troops of the United States, and bodies of police, to associate themselves together as a military organization or to drill or parade with arms in this State, without the license of the Governor, which license may at any time be revoked; provided the students of educational institutions where military science is part of the course of instruction, may, with the consent of the Governor, drill and parade under arms in public under the superintendence of their instructors; and provided, further, that nothing herein contained shall be construed as to prevent benevolent, secret or social organizations from wearing swords, and parading with side arms. Whoever offends against the provisions of this section, or belongs to or parades with any such unauthorized body of men with arms shall be guilty of a misdemeanor, and upon conviction shall be punished therefor. Other military organizations. SEC. 84. Be it further enacted, Any person who shall wear any uniform or any device, strap, knot, button or insignia of any design or character used as a designation of grade, rank or office, such as are by law or general regulation duly promulgated, prescribed for the use of the active militia, or any uniform similar thereto in appearance, style or make-up, except members of the army and navy of the United States and of the active militia of this or any other State; or who shall in any manner impersonate

Page 162

any officer or enlisted man of the active militia of this State, shall be deemed guilty of a misdemeanor, and shall upon conviction be punished therefor; provided that this section shall not apply to persons wearing on the stage any such uniform at theatrical or like performances. Wearing uniform or insignia by person not entitled to same. SEC. 85. Be it further enacted, The flag of the State of Georgia shall be a vertical band of blue next to the flagstaff, and occupying one-third of the entire flag; the remainder of the space shall be equally divided into three horizontal bands, the upper and lower of which shall be scarlet in color and the middle band white. On the blue field shall be stamped, painted or embroidered, the coat of arms of the State. Every regiment and unassigned battalion or squadron shall, when on parade or review, carry this flag. It shall not be lawful for any person or persons to use the State flag or coat of arms for advertising purposes or otherwise desecrate or misuse the same, and those so offending shall be deemed guilty of a misdemeanor, and upon conviction shall be fined therefor. Flag of Georgia. SEC. 86. Be it further enacted, Regiments, battalions and companies already organized may retain any special name or designation they may have adopted, or may have by charter, if incorporated, and any regiment, battalion or company hereafter organized, may adopt and retain any special name or designation it may select, which name may be changed at any time by a majority vote of the organization, but regiments and unassigned battalions must be numbered in their respective arms, and every company attached to a regiment or unassigned battalion must be designated in such regiment or unassigned battalion by a letter of the alphabet. Names of organizations. SEC. 87. Be it further enacted, Nothing in this Act shall defeat or impair the existing rights and privileges of any incorporated regiment, battalion or company, under their respective charters and amendments thereto and exemptions allowed by special Acts of the General Assembly. Incorporated commands. SEC. 88. Be it further enacted, The commanding officer of any organization may employ any band or field music, not part of the organized militia of this State, to furnish music at any drill, parade, review, encampment or occasion, and all members of such band or field music so employed and there present for duty, shall be subject to orders, discipline and regulations, and for that purpose shall be considered as regularly enlisted men during the time of such drill, parade, review, encampment, or other occasion, and for the violation of such orders, discipline, or regulations, they shall be liable to all the penalties prescribed for enlisted men

Page 163

by this Act, and shall be subject to trial therefor by a court-martial during the continuance of such duty or within thirty days thereafter. Music. SEC. 89. Be it further enacted, To every officer and enlisted man who has served this State honestly and faithfully for six years, continuous or otherwise, and who continues in active service as an officer or enlisted man after that period, there shall be awarded a bronze medal of suitable design and inscription, and after each additional four years of honest and faithful service, continuous or otherwise, there shall be awarded upon like continuance in service, a bronze bar. This law shall retroact in favor of all officers and enlisted men now actively in the service, or who having the prescribed term of service, shall reconnect themselves with the service of the State at some future date; provided that the time of service in the Confederate States army or navy, or in the United States army as a volunteer of this State subsequent to 1870, shall be counted double if necessary to make the required length of service. These medals and bars shall be furnished by the State, through the Adjutant-General's office, upon application of the person entitled thereto, approved by intermediate commanders, and the expense of same shall be paid out of the military fund. Medals and bars. SEC. 90. Be it further enacted, The Governor has power to appoint advisory and other military boards as the service of the same shall, in his discretion, be needed. Advisory boards. SEC. 91. Be it further enacted, Any officer of the military forces of this State is authorized to administer oaths in matters pertaining to the military service, and to witness military papers over his official signature, for which no charge shall be made. Officers may administer oaths. SEC. 92. Be it further enacted, All officers of said military forces receiving fines or pecuniary penalties collected by execution shall make a return thereof to the Adjutant-General, or to such officer of his department as he may designate, at least once a year, or oftener if necessary. The Adjutant-General shall lay an abstract of same before the Governor annually. Returns of fines or penalties. SEC. 93. Be it further enacted, In addition to the National Guard, the Governor, in his discretion, may, in time of peace, organize a battalion of naval militia to consist of not less than two, or more than four, divisions, to be organized by voluntary enlistment, for the defense of coasts and harbors, which battalion shall be designated as the first battalion naval militia of Georgia. The officers of said battalion shall be a commander, one lieutenant-commander, to act as executive officer; one lieutenant, to act as

Page 164

navigator; one aide, one ordnance officer, one paymaster, and one surgeon, each with the rank of lieutenant, junior grade, and there may also be attached to the staff of the commanding officer the following warrant and petty officers: One master-at-arms, one electrician, one chief gunner's mate, one chief quartermaster, four quartermasters, and eight signal men, two yeomen, one hospital steward, who must be a licensed druggist, and one chief boatswain's mate. Also where there is a ship on station, there shall be an engineer's division, to consist of one chief engineer, with the rank of lieutenant, and two assistant engineers, with the rank of ensign, and four oilers and four water tenders without rank. The commander and lieutenant commander are to be elected in a similar manner to field officers of the National Guard, and the other officers and non-commissioned staff officers are to be appointed or warranted by the commander in a similar manner as officers and non-commissioned staff officers of battalions of the National Guard. Naval militia. SEC. 94. Be it further enacted, Each division of naval artillery, and the naval torpedo division shall be commanded by a lieutenant, and in addition shall contain one lieutenant, junior grade, two ensigns, and not less than forty nor more than seventy-two warrant and petty officers and seamen, as enlisted men. The naval torpedo division shall not consist of more than three crews, each of which will contain at least six petty officers and seamen. The first crew shall be commanded by a lieutenant, junior grade, and the second and third crews by two ensigns. Each torpedo crew shall contain at least two men with a practical knowledge of electricity, and two others with a practical knowledge of steam engineering. Officers of naval militia. SEC. 95. Be it further enacted, The officers and enlisted men of the aforesaid naval battalion, or any part thereof, shall perform such duty or service as may be ordered by the Governor, and shall be paid the same compensation as provided for like grades in the National Guard, when they have not received any compensation from the United States. Service and pay of naval militia. SEC. 96. Be it further enacted, The naval battalions shall be considered to correspond to a battalion in the National Guard of Georgia, and shall be entitled to the same privileges and allowances of such battalion. Each division of such naval battalion shall be considered to correspond to a company of the National Guard of Georgia, and shall be entitled to the same privileges and allowances. The members of the naval battalion, and each division thereof, may form themselves into an organization, and

Page 165

adopt by-laws in the same manner, with the same powers, and subject to the same limitations as are now prescribed for members of companies in the National Guard of Georgia. Naval battalions. SEC. 97. Be it further enacted, For the purpose of carrying into effect the provision of this Act, and of the laws of the United States in so far as they may apply to the militia of this State, and of providing for the organization, discipline and government of the militia of this State, in all particulars not therein fully described, the Governor is authorized to make and order such regulations, not inconsistent with law, as he may find necessary, which regulations shall have the same force and effect as provisions of this Act until revoked by the Governor; and to furnish to each officer of the militia at least one copy of this Act and of any amendments thereto, which may from time to time be made, and of such regulations as may be prescribed, printed in pamphlet form at the expense of the State. Except as prescribed in the regulations herein provided for, and in all matters not covered by this Act, the regulations, customs and usages of the army or navy of the United States, as the case may be, shall govern, as far as may be applicable, and the regulations and orders of the Governor in force at the date of the passage of this Act, not inconsistent with law, shall remain in force until otherwise directed by the Governor. Regulations, publication of. SEC. 98. Be it further enacted, That the following Acts of the General Assembly be, and the same are, hereby repealed, that is to say: Acts repealed. (a) An Act 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 re-enacted, and for other purposes, approved December 17, 1902. (b) 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 re-enacted, 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 the Georgia State troops, or in the United States army or navy, and for other purposes, approved August 17, 1903. (c) An Act to amend section 7 of an Act, approved December 17, 1902, to reorganize the military forces of this State; to

Page 166

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 the assistants of the Adjutant-General shall have the ranks of colonel and lieutenant-colonel, respectively, instead of the ranks of lieutenant-colonel and major, respectively, as provided in said Act, approved August 11, 1904. (d) All laws and parts of laws, general or special, statutes or parts of statutes, in conflict with this Act, or any part thereof. SEC. 99. Be it further enacted, This Act shall take effect upon the first day of October next succeeding the date of approval. Approved August 22, 1905. COLORED TROOPS RETIRED FROM STATE MILITIA. No. 141. An Act to abolish the colored troops of the State of Georgia from the militia of this State, to provide for the discharge of colored troops, active and retired, 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 colored troops of this State, active and retired, as now organized, be, and the same are, hereby abolished and the officers and men will be duly discharged from the military service of the State. Colored troops abolished. 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 19, 1905.

Page 167

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

Page 169

TITLE I. CITY AND COUNTY COURTS. ACTS. City court of Americus, Judge and Solicitor, election of. City court of Bartow county, act creating amended. City court of Baxley, act creating amended. City court of Buford, act creating amended. City court of Camilla, act creating repealed. City court of Camilla, established. City court of Carnesville, act creating repealed. City court of Carnesville, act creating amended. City court of Columbus, jurisdiction of, etc. City court of Dalton, established. City court of Douglas, act creating amended. City court of Dublin, act creating amended. City court of Eastman, established. City court of Fayetteville, act creating amended. City court of Fitzgerald, established. City court of Floyd county, act creating amended. City court of Forsyth, act creating amended. City court of Gwinnett county, abolished. City court of Hartwell, act creating amended. City court of Jefferson, act creating amended. City court of Jeffersonville, established. City court of Jonesboro, abolished. City court of LaGrange, act creating amended. City court of Leesburg, established. City court of Lexington, act creating amended. City court of McRae, abolished. City court of McRae, established. City court of Miller county, established. City court of Monroe, established. City court of Nashville, established. City court of Pelham, established. City court of Quitman, act creating amended. City court of Reidsville, established. City court of Sandersville, act creating amended. City court of Sandersville, act creating amended.

Page 170

City court of Savannah, judges of, election of. City court of Savannah, defaults in, how opened. City court of Sparta, established. City court of Statesboro, act creating amended. City court of Sylvania, act creating amended. City court of Sylvester, abolished. City court of Sylvester, established. City court of Tattnall county, abolished. City court of Thomasville, established. City court of Valdosta, act creating amended. City court of Washington, established. City court of Washington, abolished. City court of Waycross, act creating amended. County court of Berrien, abolished. County court of Dade, abolished. County court of Hancock, abolished. County court of Lee, abolished. County court of Liberty, Judge and Solicitor, election of. County court of Miller, abolished. County court of Thomas, abolished. County court of Twiggs, abolished. County court of Walton, abolished. CITY COURT OF AMERICUS, JUDGE AND SOLICITOR, ELECTION OF. No. 400. An Act to amend an Act entitled An Act to establish the city court of Americus, approved November 22, 1900, and the Acts amendatory thereof, by providing for the election of judge and solicitor of the said city court of Americus by the qualified voters of Sumter 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 an Act approved November, 22,, 1900, establishing the city court of Americus, in and for the county of Sumter, and for other purposes, and the Acts amendatory thereof, which provide for the appointment of the judge and solicitor of said city court of Americus by the Governor, be, and the same is, hereby amended as follows: By striking the whole of section 4 of said Act and substituting therefor the following: That there shall be a judge of said city court of Americus, and at the general State election to be held in said county of Sumter on the first Wednesday in October, 1908, an election shall be held for judge of said city court of Americus whose term of office shall begin on the 4th day of December,

Page 171

1908, and shall continue until the 1st day of January, 1913, or until his successor is elected and qualified. Americus, judge and solicitor of city court. SEC. 2. Be it further enacted by the authority aforesaid, That section 6 of said original Act, and the Act amendatory thereof, approved December 6, 1900, be amended by striking the same and subscribing in lieu thereof the following: At the general State election to be held in said county of Sumter on the first Wednesday in October, 1908, an election shall be held for solicitor of said city court of Americus, whose term of office shall begin on the 4th day of December, 1908, and shall continue until the 1st day of January, 1913, or until his successor is elected and qualified. The person elected solicitor of said city court of Americus, under and by virtue of the provisions of this Act, shall be an attorney at law, and shall have been a resident of said county of Sumter at least two years prior to his election; the duties of said solicitor shall be to prosecute all offenses cognizant before the said city court of Americus except offenses for which indictments have been found and transferred from the superior court to said city court, which cases so transferred it shall be the duty and privilege of the solicitor general to prosecute, who prosecutes cases in Sumter superior court and the said solicitor of said city court shall represent the State before the Supreme Court in all cases that are prosecuted by him in said city court of Americus and carried to the Supreme Court; that the fees of the said solicitor of said city court of Americus, for all cases tried by him in the said court, and for services rendered by him in representing cases carried from said city court of Americus to the Supreme Court, shall be the same as are now or may hereafter be allowed by law for the solicitors general of this State for similar services. Said solicitor of the said city court of Americus shall give bond with good security in the sum of one thousand dollars, made payable and conditioned the same as bonds of solicitors general of this State, which bond shall be filed and kept in the same manner as the bonds of the solicitors general are filed and kept; provided that in the absence of said solicitor of said city court, the judge may appoint a solicitor pro tempore, who shall be allowed the same fees as are allowed the solicitor of said city court, in similar cases tried by him. That the said solicitor of the said city court of Americus shall, before entering upon the duties of his office, take and subscribe to, before any officer authorized by law to administer oaths, the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Americus, and

Page 172

will take only my lawful fees of office. So help me God. Which oath shall be filed in the office of the clerk of the superior court of Sumter county, Georgia. Election of solicitor, term, qualification and duties of. Oath of solicitor SEC. 3. Be it further enacted by the authority aforesaid, That on the first Wednesday in October, 1912, at the general State election to be held in and for the county of Sumter, there shall be elected a judge and solicitor of said city court of Americus, by the qualified voters of Sumter county, whose terms of office shall begin on the first day of January succeeding said election, or until their successors are elected and qualified. And each four years thereafter there shall be an election for such officers; provided, however, that nothing in this Act shall be construed as affecting or abridging the term of office of the present judge and solicitor of said city court of Americus, whose term of office expires on the 4th day of December, 1908. Election of judge and solicitor. SEC. 4. Be it further enacted by the authority aforesaid, That the election for such judge and solicitor, as hereinbefore provided for, shall be conducted under the laws applicable to the election of county officers of Sumter county, with a like qualification for voters, and at such election those qualified to vote for county officers of Sumter county, at the general election, shall be qualified to vote for said judge and solicitor. How conducted. SEC. 5. Be it further enacted by the authority aforesaid, That in the event there shall be a vacancy in either of said offices of judge or solicitor, the Governor shall, by appointment, fill such vacancy until the next general election for said county, when a judge or solicitor, as the case may be, shall be elected to fill the unexpired term occasioned by said vacancy. Vacancies. 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 14, 1905.

Page 173

CITY COURT OF BARTOW COUNTY, ACT CREATING AMENDED. No. 325. An Act to amend an Act entitled An Act to create a city court in the county of Bartow, and for other purposes, approved October 10, 1885, so as to enlarge its jurisdiction, increase the salary of the judge thereof, provide for the more certain transfer of cases from the superior court to said city court, and to provide for the same number of strikes in all cases. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 1 of above recited Act be so amended as to give to said city court jurisdiction in all cases concurrent with the superior courts, except where exclusive jurisdiction is vested in the superior courts by the Constitution and laws of the State of Georgia. City court of Bartow county, jurisdiction of. Salary of judge. SEC. 2. Be it further enacted, That section 2 of said Act be amended by striking therefrom, in line nine, the word six, and inserting in lieu thereof the word nine, so that the salary of the judge shall be $900 per annum. SEC. 3. Be it further enacted That section 15 of said Act be amended by striking therefrom, in line two, the word may and substituting therefor the word shall, and from lines four and five the words which he may deem proper, so that said section, when amended, shall provide that the judge of the superior court of said county of Bartow shall transfer to said city court for trial all bills of indictment and presentment within the jurisdiction of said city court, except where the defendants are in jail or enter pleas of guilty. Transfer of cases from the Superior Court. SEC. 4. Be it further enacted, That section 10 of said Act be amended by striking therefrom the words in civil cases, in the fourth line, and all the words between the word strikes, in the fifth line to the word in, in the sixth line of said section, so as to provide that in all trials, civil and criminal, in said court, each side shall have three alternate strikes. Juries. 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 23, 1905.

Page 174

CITY COURT OF BAXLEY, ACT CREATING AMENDED. No. 395. An Act to amend an Act approved December 1, 1897, entitled An Act to establish the city court of Baxley, in Appling county, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, so as to provide for the election of the judge and solicitor of the city court of Baxley by the qualified voters of said county of Appling, to pay the solicitor a salary, and for the payment of the fines, forfeitures and convict hire into the county treasury, 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 4 of the aforesaid Act be, and the same is, hereby amended as follows: By striking after the word Baxley, in the second line of said section, the following language: Who shall be appointed by the Governor, by and with the advice and consent of the Senate, and enacting in lieu thereof the following: Who shall be elected by the qualified voters of the county of Appling, at the last general election for county officers to be held before his term of office shall begin; and by striking the following language beginning with the eleventh line of said section: provided that the judge first appointed under this Act shall, if the Senate be not in session or shall fail to act, hold and fill the office subject to the approval of the Senate at the next session thereafter, so that said section, when amended, shall read as follows: Sec. 4. Be it further enacted by authority aforesaid, That there shall be a judge of said city court of Baxley, who shall be elected by the qualified voters of the county of Appling at the last general election for county officers to be held before his term of office shall begin, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate, which may be then in session, or, if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at its next session thereafter. The judge of said city court of

Page 175

Baxley shall receive a salary of eight hundred dollars ($800) per year, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the county of Appling. City Court of Baxley, election of judge. SEC. 2. Be it further enacted by the authority aforesaid, That section 5 of said Act be, and the same is, hereby amended as follows: By striking the word appointed, in the second line of said section, and inserting in lieu thereof the word elected, and by striking the word appointment, in the third line, and inserting in lieu thereof the word election, and by striking the word appointment, in the fifth line, and inserting in lieu thereof the word election, and by adding after the word character, in the sixth line, the following words: and must have practiced law at least four years immediately preceding his election, so that said section, when so amended, shall read as follows: Sec. 5. Be it enacted by the authority aforesaid, That any person who shall be elected judge of said city court must at the time of said election be at least twenty-four years of age; he must also have been a resident of Appling county at least four years immediately preceding his election, and of good moral character, and must have practiced law at least four years immediately preceding his election. Before entering upon the discharge of the duties of his office he shall take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Baxley, according to the best of my ability and understanding, according to the laws and Constitution of this State and of the United States, so help me God, and said oath shall be forwarded to the Governor and filed in the Executive Department. Said judge shall have the right to practice law in all courts, except the city court of Baxley. Qualifications and oath of judge. SEC. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, That section 6 of said Act be amended as follows: By striking from the third line of said section the words appointed by the Governor of this State, and inserting in lieu thereof the words, elected by the qualified voters of the county of Appling at the general election for county officers to be held last preceding his term of office, and by striking from said section all of fifth line after the word follows, all of sixth, seventh, eighth and ninth lines, including the words solicitor-general, and inserting in lieu thereof the

Page 176

following: He shall be paid a salary of four hundred dollars ($400) out of the treasury of Appling county, to be paid monthly upon orders granted by the ordinary thereof at the end of each month, which salary shall be full compensation for all services rendered in said city court of Baxley of every kind whatsoever, and by striking after the word defendant, in seventeenth line, all of the seventeenth and eighteenth and the nineteenth, to and including the words superior court, and by adding at the end of said section the following: Who shall receive for his services such sum as the court may fix not to exceed ten dollars ($10) in each case to be tried by him, said amount to be paid by the solicitor of said court out of his salary, so that said section, when amended, shall read as follows: Sec. 6. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Baxley, to be elected by the qualified voters of said county of Appling at the general election for county officers to be held last preceding his term of office, whose term of office shall be two years. The fees of said solicitor shall be as follows: He shall be paid a salary of four hundred dollars ($400) out of the treasury of Appling county, to be paid monthly upon orders granted by the ordinary thereof at the end of each month, which salary shall be full compensation for all services rendered in said city court of Baxley of every kind whatsoever; for representing the State in each case carried to the Supreme Court from said city court, fifteen dollars ($15). Said solicitor shall, for his services in the Supreme Court, be paid out of the treasury of the State by warrant drawn by the Governor, upon certificate of the clerk of the Supreme Court as to the performance of such services and the certificate of the clerk of the city court of the insolvency or acquittal of the defendant. Said solicitor, before entering upon the duties of his office, shall give bond with good security in the sum of one thousand dollars ($1,000), conditioned for the faithful discharge of the duties of his office, and shall, in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Baxley, so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of said city court, and shall together with said oath, be entered on the minutes of said court by the clerk, and may be sued on by any person interested. If for any reason said solicitor shall fail or be disqualified to act in any case the court shall have power to appoint a solicitor

Page 177

pro tem., who shall receive for his services such sum as the court may fix not to exceed ten dollars ($10) in each case to be tried by him, said amount to be paid by the solicitor of said court out of his salary. Solicitor election, compensation, bond and oath. SEC. 4. Be it enacted by the authority aforesaid, That section 35 of said Act be, and the same is, hereby amended as follows: By striking from the fifth line of said section the words, the money arising from such hire, and inserting in lieu thereof the following: One half of the money arising from such hire shall be paid into the county treasury and the other one-half, so that when said section when so amended shall read as follows: Sec. 35. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hire the convicts of said city court under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State, and one-half of the money arising from such hire shall be paid into the county treasury and the other one-half shall constitute a part of the insolvent fund of said court, and shall be paid out by said judge, together with fines and forfeitures as provided in section 36 of this Act. Hire of convicts. SEC. 5. Be it further enacted by authority aforesaid, That section 36 of said Act be, and the same is, hereby amended as follows: By inserting in the fifth line after the word follows, and before the word fines, the following: One-half of all, and by striking the word solicitor from the seventh line, by adding after the words city court, in the ninth line of said section, the words, and the other one-half of said fines, forfeitures and convict hire shall be paid into the county treasury, and by inserting before the word fines, in said ninth line, the words, one-half of all, and by striking the word solicitor, in the twelfth line, and by adding after the words transferred cases, in the fourteenth line, the words, and the other one-half of said fines, forfeitures and convict hire arising from transferred cases shall be paid into the treasury of said county, so that when said section, when so amended, shall read as follows: Sec. 36. Be it further enacted by the authority aforesaid, That at or within ten days after each regular term of said city court, and oftener, if he shall deem proper to do so, the judge of said court shall distribute the fines and forfeitures and convict hire arising from cases tried in said city court as follows: One-half of all fines, forfeitures and convict hire arising in cases which originated in said city court shall be prorated between the clerk and sheriff of the city court and justices of the peace and constables on their bills for insolvent

Page 178

costs in cases originating in said city court, and the other one-half of said fines, forfeitures and convict hire shall be paid into the county treasury. One-half of all fines, forfeitures and convict hire arising from cases transferred from the superior court to the city court shall be prorated between the clerk and sheriff of the city court, the solicitor general and clerk and sheriff of the superior court and justices of the peace and constables on their bills for insolvent costs in transferred cases; and the other half of said fines, forfeitures and convict hire shall be paid into the treasury of said county. If at any time there shall be a surplus of the insolvent fund arising from cases originating in the city court after paying all insolvent costs on cases originating in the city court (after paying all insolvent costs on cases originating in the city court), the same shall be applied to the insolvent costs in transferred cases, and if at any time there shall be a surplus of the insolvent fund arising in transferred cases after paying all insolvent costs in transferred cases, the same shall be applied to insolvent costs in cases originating in the city court. The judge of the city court shall before paying insolvent bills approve the same and order them entered on the minutes of said court, and such bills for insolvent costs shall be a lien on said insolvent fund superior to all other liens. Distribution of fines and forfeitures and hire of convicts. SEC. 6. Be it further enacted by the authority aforesaid, That nothing herein contained shall be construed to require an election for a solicitor before the general election in 1906, and for a judge before the general election in 1908, and the terms of the judge and solicitor appointed and confirmed at this session of the Legislature shall not be disturbed by this Act. Otherwise the provisions of this Act shall go into effect after January 1, 1906. Judge and solicitor, terms of office. 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 22, 1905.

Page 179

CITY COURT OF BUFORD, ACT CREATING AMENDED No. 321. An Act to amend the Act to establish the city court of Buford, Ga., approved December 17, 1901, and amendment thereof, August 15, 1904, to provide for the holding of terms of said court, to provide for the judges thereof and his pay, to provide for the distribution of the fines, forfeitures and convict hire arising in said court, to provide for the hiring of the convicts from said court by the Mayor and the Council of the city of Buford, to provide for the payment of the salary of the judge and the qualification 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 an Act entitled An Act to establish the city court of Buford, in the city of Buford, Gwinnett county; to define its jurisdiction and power; to regulate proceedings therein, and for other purposes, approved December 17, 1901, and amendment thereof approved August 15, 1904, be, and the same is, hereby amended in the following particulars: City Court of Buford, Act creating, amended. SEC. 2. Be it further enacted by the authority aforesaid, That section 3 of the amended Act be, and the same is, hereby amended by striking therefrom in said section the following words: He shall receive as his compensation the fees prescribed by this Act, and in addition thereto, the mayor and the council of the city of Buford may supplement his compensation by paying him not over one hundred dollars per year, payable monthly, which they are hereby authorized to do so, should they in their discretion see proper, and substitute in lieu thereof the words: He shall receive as his compensation a salary of one hundred and fifty dollars per year, to be paid quarterly by the mayor and council of the city of Buford out of the treasury of said city, which they are hereby authorized to do, so that said section, when amended, shall read as follows: There shall be a judge and solicitor of said city court of Buford, who shall each hold their respective office for the term of four years, and until their successors are elected and qualified respectively. Such judge shall preside in the aforesaid city court, and shall be clothed with and shall exercise all the powers possessed by the judges of the superior courts and city of this State, as well as those conferred by the

Page 180

provisions of this Act. He shall receive, as his compensation, a salary of $150 per year, to be paid quarterly by the mayor and the council of the city of Buford, out of the treasury of said city, which they are authorized hereby to do. Such judge may practice law in any court except his own. Such judge and solicitor shall be elected by the qualified voters of the territory over which said court has jurisdiction. The first election under this Act shall be held on the first Saturday in December, 1905, and each four years thereafter, and shall be held by the justice of the peace or three freeholders and under the same rules and provisions as other elections, as far as possible; said managers shall, after counting the votes, fill out tally-sheets and certify the result of said election to the mayor and the council, who shall declare the result of said election to the executive department, and the persons so elected shall be commissioned by the Governor, and all vacancies shall also be filled by election in the same manner. When any vacancy shall occur, the mayor and the council shall call an election to fill said vacancy and give ten days' notice thereof, by posting one or more notices calling attention to the time and place of said election. Judge and solicitor. SEC. 3. Be it further enacted, That the words beginning in the first line of section 5 of the Act of 1901, after the word be, an attorney at law of good standing and of at least four years of practice in the State of Georgia, at least twenty-seven years of age, and he must have been are hereby stricken, and in lieu thereof are inserted the words: Any citizen over twenty-one years of age, so that said section, when amended, shall read as follows: That such judge shall be any citizen over twenty-one years of age, a resident of Gwinnett county twelve months next preceding his election. He shall before entering upon the discharge of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons and do equal justice to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Buford, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall at once be filed in the Executive Department of the State. Qualifications and oath of judge. SEC. 4. Be it further enacted, That section 9 of the Act of December 17, 1901, is hereby amended by striking, after the word court in the first line thereof, the following words, the ex

Page 181

officio clerk thereof, but he may, and by striking, in the fourth line of said section, the following words, out of the judge's compensation on terms agreed on by them, and substituting in lieu thereof the following words, as provided in section 14 of the Act of December 17, 1901. and also by striking therefrom the last paragraph of said section, so that said section, when amended, shall read as follows: The judge of said court shall, by order on the minutes, appoint a clerk, who shall hold office at the pleasure of said judge, and who shall be paid as provided in section 14 of the Act of December 17, 1901. Such clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said court; and he shall also, at the same time, give bond and security in the sum of five hundred dollars ($500), approved by the judge of the court, for the faithful performance of the duties of this office, as is done by the clerks of the superior courts of this State. Clerk. SEC. 5. Be it further enacted, That section 18 of the Act of December 17, 1901, be amended by striking therefrom the last word first in the fourth line thereof, and substituting in lieu thereof the word second, so that said section, when amended, shall read as follows: Be it further enacted, That the terms of said city court be held every two months for trial and disposition of civil and criminal business, either or both, in such order as the judge may direct, said terms to be held on the second Monday in February, April, June, August, October and December of each year. The sessions of said court shall be held in a court-room in said city of Buford to be provided by the mayor and council thereof, which they are hereby authorized so to do. The judge may draw juries for the different terms of court whenever they may, in his discretion, be required by the exigencies of the business of the court, civil or criminal, and he may, in his discretion, hold adjourned and special terms of court whenever the business so demands, for which he may likewise require the attendance of juries, should he see fit. He may hold his court at other times than the regular terms for the transaction of criminal business which does not demand a jury, and it shall be his duty to try and dispose of this class of business as speedily as possible consistent with the interest of the State and the accused, and for this purpose said court shall always be open and without regard to terms. The judge shall have the power to hold said court in session from day to day and adjourn from time to time as may be required by the business of the court. Terms of court.

Page 182

SEC. 6. Be it further enacted, That section 19 of the Act of December, 1901, be amended by striking therefrom the following words in the fourth line of said section, or ex officio clerk, so that said section, when amended, shall read as follows: That suits in said city courts shall, in all respects, be conformable to the mode of proceedings in the superior court, except as herein provided, but the process of writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof and be directed to and served by the sheriff of the city court of Buford or his deputies. Proceedings. SEC. 7. Be it further enacted, That section 21 of the Act of December 17, 1901, be amended by striking therefrom the words, or ex officio clerk, in the seventh line thereof, so that said section, when amended, shall read as follows: That all judgments obtained in said court shall be a lien on all the property belonging to the defendant or defendants throughout the State in the same manner as judgments of the superior courts are, but property exempt from levy and sale under process from said court, and all executions issued from said court, shall be tested in the name of the judge and signed by the clerk or ex officio clerk and directed to the sheriff or his deputies of said city court of Buford, and to all and singular of the sheriffs and their deputies of the State of Georgia. Judgments. SEC. 8. Be it further enacted, That section xli of the Act of December 71, 1901, be, and the same is, hereby repealed. Sections 41, 43 and 44 repealed. SEC. 9. Be it further enacted, That section xliii of the Act of December 17, 1901, be, and the same is, hereby repealed. SEC. 10. Be it further enacted, That section xliv of the Act of December 17, 1901, be, and the same is, hereby repealed. SEC. 11. Be it further enacted, That the mayor and council of the city of Buford shall have power and authority to hire the convicts from said city court, under and subject to the laws and regulations governing the hiring out of the misdemeanor convicts in this State, and that the money arising from such hire, together with all fees and forfeitures which may be imposed by said court, be paid into the city treasury of said city. Hire of convicts. SEC. 12. Be it further enacted, That all fees and costs imposed by said court, which are paid, shall be collected by the sheriff of said court, and, after paying the several officers of the court their costs in the respective cases, he shall pay over the balance to the treasurer of the city of Buford, and that all money arising from forfeitures and fines and hire of convicts, less the

Page 183

costs due to the several officers of the court in the respective cases, shall likewise be paid to the treasurer of the city of Buford. Fees, costs and hire of convicts. SEC. 13. Be it further enacted, That the mayor and council of the city of Buford is hereby authorized and empowered to pay out of the treasury of said city all jury fees and other court expenses, which said fees and expenses said city of Buford shall be liable therefor. Expenses of court. SEC. 14. Be it enacted, That the provisions of this Act shall be in force from its passage, and that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. CITY COURT OF CAMILLA, ACT CREATING REPEALED. No. 257. An Act to repeal an Act approved December 15, 1897, entitled an Act to establish the city court of Camilla, in and for the county of Mitchell, to define its jurisdiction and powers, to provide for the appointment of a judge, 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 an Act approved December 15, 1897, entitled an Act to establish the city court of Camilla, in and for the county of Mitchell, to define its jurisdiction and powers, to provide for the appointment of a judge, and for other purposes, be, and the same is, hereby repealed; this Act to be effective upon the adoption of a bill to be entitled an Act to establish the city court of Camilla, in the city of Camilla, in and for the county of Mitchell, to define its jurisdiction and powers, to provide for the appointment of a judge and solicitor and other officers thereof, to define their powers and duties, and for other purposes, introduced at the regular session of the General Assembly of said State in the year 1905, but the city court of Mitchell county established by recommendation of the grand jury in the year 1896 shall not be re-established hereby, but the same is abolished. City Court of Camilla, Act of 1897, creating, repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1905.

Page 184

CITY COURT OF CAMILLA ESTABLISHED. No. 411. An Act to establish the city court of Camilla, in the city of Camilla, in and for the county of Mitchell, to define the jurisdiction and powers; to provide for the appointment of a judge and solicitor and other officers thereof; to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the city court of Camilla be, and the same is, hereby created and established in the city of Camilla, in the county of Mitchell, said court to have civil and criminal jurisdiction over the whole county of Mitchell. City Court of Camilla established. SEC. 2. Be it further enacted, That said city court of Camilla shall have jurisdiction to try and dispose of all criminal cases where the offender is not subject to loss of life or confinement in the penitentiary, committed in the county of Mitchell. Jurisdiction of criminal cases. SEC. 3. Be it further enacted, That said city court of Camilla shall have jurisdiction to try and dispose of all civil cases of whatever nature, of which the superior court of Mitchell county has jurisdiction, except in those cases over which exclusive jurisdiction is vested in the superior court by the Constitution and laws of this State; but in all suits brought in said city court for sums of one hundred dollars or less, the plaintiff shall only recover justice court costs and judgment may be had at the first term in suits for sums of one hundred dollars or less; provided, that said city court shall not have jurisdiction to try and dispose of suits wherein the sum or amount involved is less than fifty dollars; provided further, that said city court shall not have power to issue writs of mandamus, prohibition, quo warranto, or to foreclose mortgages on real estate. Jurisdiction of civil cases. SEC. 4. Be it further enacted, That the judge of the city court of Camilla, and the solicitor thereof, shall be appointed by the Governor, by and with the advice and consent of the Senate. The term of office of the said judge and solicitor shall be for four years; provided, that the first term under this Act shall expire February 1, 1906, on and after which said date the regular term of four years shall begin. The Governor shall, immediately upon the approval of this Act, appoint a judge and solicitor of said city court for the short term, to wit, term to expire February 1,

Page 185

1906, and also for the four-year term beginning on February 1, 1906. All vacancies in the office of judge and solicitor of said court shall be filled by appointment by the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate, if it be then in session; if the said Senate be not in session at the time of said appointment, then subject to the approval of the Senate at the next session thereafter. Said judge of the city court of Camilla shall receive a salary of eighty-three and one-third dollars ($83[frac13]) per month, and shall be paid monthly out of the treasury of Mitchell county by the treasurer of said county. Judge and solicitor, appointment of. Salary of judge. SEC. 5. Be it further enacted, That any person who shall be appointed judge of said city court of Camilla must, at the time of his appointment, be at least (27) twenty-seven years old, and he must have been a resident of the county of Mitchell at least two years immediately preceding his appointment; he must also have been a practicing attorney at least five years before his appointment, and he shall, before entering upon the discharge of his duties as judge, take and subscribe the following: I solemnly swear that I will faithfully and impartially administer justice without respect to person and do equal rights to the rich and the poor, and so discharge and perform all the duties which may be required of me as judge of the city court of Camilla, according to the best of my ability and understanding, agreeable to the Constitution and laws of this State and the Constitution of the United States, so help me God. Said oath shall immediately thereafter be forwarded to the Governor and filed in the Executive Department. Said judge shall not, while in office, practice law in connection with any case which said court has jurisdiction to try. He shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders, and to issue distress warrants and generally do all acts which the judges of the city courts of this State are authorized to do, unless otherwise provided in this Act. Qualifications and oath of judge. SEC. 6. Be it further enacted, That the solicitor of the city court of Camilla shall receive the same fees as are now allowed by law to solicitors-general of this State for similar services in the superior courts of this State; provided, said solicitor shall have the same fees for drawing the accusation hereinafter provided for as are now allowed by law to solicitors-general in the superior courts for drawing bills of indictment. Fees of solicitor. SEC. 7. Be it further enacted, That the clerk of the superior court of Mitchell county shall be the clerk of the city court of Camilla, and he shall discharge all the duties of said office. Clerk.

Page 186

SEC. 8. Be it further enacted, That the sheriff of Mitchell county shall be ex officio sheriff of the said city court of Camilla. Said sheriff shall be required to file an oath for the faithful performance of his duties as sheriff, said oath to be entered upon the minutes of said court. Before entering upon the discharge of his duties, said sheriff shall execute a bond, with good security, to be approved by said judge, in the sum of two thousand dollars for the faithful discharge of the duties of his office. All the duties attaching to the office of clerk of the superior court and to the office of sheriff of Mitchell county shall attach to the office of clerk and sheriff of the city court of Camilla respectively, and the judge of the city court is empowered to exercise the same authority over the clerk and sheriff as is now exercised by the judge of the superior courts over the clerks and sheriffs of the superior courts of this State. Sheriff. SEC. 9. Be it further enacted, That the said clerk and sheriff shall receive the same fees for similar services as are now allowed or may hereafter be allowed by law to said officers in the superior court, except that in criminal cases tried on accusation the clerk shall receive three dollars only, exclusive of fees for issuing subp[oelig]nas, and for their attendance at the regular term of said city court, shall receive a per diem of three dollars each, and the sheriff shall receive a fee of five dollars only for summoning each jury for said court. Fees of clerk and sheriff SEC. 10. Be it further enacted, That the judge of the city court of Camilla shall have power to issue writs of habeas corpus to hear and dispose of the same in the same way and with the same powers, as the judges of the superior courts. Habeas corpus. SEC. 11. Be it further enacted, That the terms of the city court of Camilla shall be held quarterly, beginning the first Monday in August, 1905, and quarterly thereafter, on the first Mondays in November, February, May and August. The judge of said city court shall have the power to hold said court in session from day to day for a period not longer than one week, from the beginning of each term, or he may adjourn the same to any day designated by him. Said judge shall also have power to call special terms of said court at any time for the disposal of criminal business by an order for that purpose entered upon the minutes of said court, and said judge is hereby empowered to draw a special jury to serve at special term; provided, said court shall be open at any time criminal business when jury trial is waived. Terms of court.

Page 187

SEC. 12. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of procedure in the superior court, except as herein provided, but the process and writs shall be annexed by the clerk of said court and attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Camilla or his deputies, or in cases of defendants living in the counties of this State other than the said county of Mitchell, to the sheriff or his deputies of the county of such non-resident defendants. Procedure SEC. 13. Be it further enacted, That all matters pertaining to service, pleadings and practice the law governing the superior court not in conflict with this Act shall apply to the city court. Practice. SEC. 14. Be it further enacted, That judge of the city court of Camilla shall have power and authority to hear and determine all civil cases of which said court has jurisdiction, and to give judgment thereon; provided, that any party in any case shall be entitled to a trial by jury upon entering a demand therefor in writing by himself or attorney on or before the call of the docket of the term of said court to which said case is made returnable in all cases where such party is entitled to a jury trial under the Constitution and laws of this State. Trial by jury. SEC. 15. Be it further enacted, That all judgments obtained in said city court shall be a lien upon all the property belonging to the defendant or defendants throughout the State, in the same manner as judgments of the superior courts are, and all executions issued by said city court shall be attested in the name of the judge and signed by the clerk and directed to the sheriff or his deputy of the city court of Camilla, and to all and singular the sheriffs and deputies of this State. Judgments. SEC. 16. Be it further enacted, That said city court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from the city court, and such claim shall be tried in the same manner as claims are tried in the superior courts of this State. Claim cases. SEC. 17. Be it further enacted, That claims to real property levied on under execution or other process from the city court of Camilla shall be returned to the superior court of the county where such real property is situated, and then proceed as other claims in such superior court. Claims to realty. SEC. 18. Be it further enacted, That all laws upon the subject of attachment and garnishment, second originals as to any [Illegible Text] whatever in the superior courts of this State shall apply [Illegible Text] the city court of Camilla, so far as the nature of the city court

Page 188

shall admit. Attachments in said city court shall be directed to the sheriff or his deputy of said city court of Camilla, and to all and singular the sheriffs and constables of this State, and the judge of the city court or any justice of the peace may issue attachments returnable to the city court of Camilla under the same laws that govern the issuance of attachments returnable to the superior courts of this State. Attachments and garnishments. SEC. 19. Be it further enacted, That the general laws of this State in regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories or under subp[oelig]na, witnesses and their attendance, continuance or any other matters of judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Practice. SEC. 20. Be it further enacted, That the judge of the said city court shall have power to cause testimony to be taken and used, de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have power respectively to administer oaths pertaining to their offices respectively, as the judge and other officers of the superior court do in like cases. And said judge shall also have power to attest deeds and other papers and administer oaths in all cases anywhere in this State in which by existing laws such papers may be attested and oaths administered by the judges of the superior court. And the judge of the city court shall have the same power and authority throughout his jurisdiction as the judges of the superior court, except where by law exclusive power and authority is vested in the judge of the superior court, and all laws relating to and governing judges of the superior court shall apply to the judges of the said city court, so far as the same may be applicable. Powers of judge. SEC. 21. Be it further enacted, That said city court of Camilla 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 in the same manner, and all laws applicable to the duties of the clerk and sheriff in the superior courts of this State shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 22. Be it further enacted, That all laws regulating the enforcement of indictments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall

Page 189

issue and be levied and sales had thereunder under the same rules and laws regulating the same in the superior court. Indictments and executions. SEC. 23. 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 of his judgments as is vested by law in the judges of the superior courts of this State. Contempt. SEC. 24. Be it further enacted, That the clerk of said court shall prepare and file in his office a complete list of those persons liable to serve as traverse jurors in the superior court of Mitchell county as provided from time to time for such superior court. From said list so made traverse jurors for said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets the name of each traverse juror and place the same in a box for that purpose and the judge of said city court, together with the clerk and sheriff, at the close of each term, or at any time thereafter, shall draw eighteen jurors from said box who shall serve as jurors in said city court at its next regular term; that from said panel of eighteen jurors so drawn and summoned a jury of twelve shall be selected as follows: In all civil cases the plaintiff and defendant shall be entitled to three peremptory challenges each, and in all criminal cases the State and the defendant shall be entitled to three peremptory challenges each. Jurors. SEC. 25. Be it further enacted, That all laws in reference to drawing, summoning and selecting traverse jurors, tales jurors in the superior courts of this State shall apply to said city court, except when inconsistent with this Act. Jurors. SEC. 26. Be it further enacted, That the judge of said city court is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court. Bailiffs. SEC. 27. Be it further enacted, That the defendants in criminal cases in said city court shall be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor, said accusation shall be signed by the prosecutor and prosecuting officer of said court. Upon such affidavit and accusation being made and 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 answer yes, the judge shall proceed to try and determine said case; if defendant shall answer no, or stand mute, then the judge shall commit him for trial at the next regular term, or special term in all cases allowing bail to defendant, to be fixed by said judge. The defendant

Page 190

shall not be allowed to demand indictment by the grand jury as a condition precedent to trial. Trial by jury. SEC. 28. Be it further enacted, That the judge of the superior court may send down and transfer from the superior court of Mitchell county all presentments and bills of indictment for misdemeanors to said city court for trial, the order so transferring said cases to be entered upon the minutes of both courts. Misdemeanor cases transferred from Superior Court. SEC. 29. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public of Mitchell county to bind over to said city court all persons charged with offenses committed within said county over which said city court has jurisdiction, to answer for said offenses. Offenders bound over to city court. SEC. 30. 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 regulations as govern and control the issuing of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error. SEC. 31. Be it further enacted, That all cases now pending in the present city court of Camilla, civil or criminal, shall be, and are, hereby transferred to the city court of Camilla created under this Act, and the same shall be tried and disposed of as other cases in said city court of Camilla, and all final and other processes now in the hands of the sheriff, bailiff or other officer, and which are returnable to the city court of Camilla, shall be, and are, hereby made returnable to the city court of Camilla created under this Act. The judge and other officers of the city court of Camilla shall have power and authority to issue and enforce, in the name of said city court of Camilla, any and all processes in any case from the old city court of Camilla, necessary to the final disposition of the same, which from any cause has not been issued and enforced by the officers of the old city court of Camilla. All records, books and papers disposed of and on file in said city court of Camilla shall be filed and deposited with the clerk of the city court of Camilla created under this Act. Cases now pending. SEC. 32. Be it further enacted, That the judge of said city court of Camilla shall have power to grant new trials in any case, civil or criminal, in said court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading and 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. New trials. SEC. 33. Be it further enacted, That all jurors in said city

Page 191

court of Camilla shall receive for their services for every day in actual attendance the same pay as is allowed jurors in the superior courts of Mitchell county, in the same manner and under the same rules. Pay of jurors. SEC. 34. Be it further enacted, That the solicitor of said court, for his services in the Supreme Court, shall be paid out of the treasury of the State by warrant drawn by the Governor, upon certificate of the clerk of the Supreme Court, as to the performance of such service, and a certificate of the clerk of said city court as to the insolvency or acquittal of the defendant. Fees of Solicitor in Supreme Court. SEC. 35. Be it further enacted, That when the judge of said city court is absent, disabled or disqualified from presiding, the judge of the superior court may preside in his stead, or, upon the consent of the parties or upon their failure or refusal to agree, any case shall be tried by a judge pro hac vice, selected in the same manner as now provided in the superior courts, or any judge of the superior court or of any other city court in this State may preside in said city court of Camilla in any and all cases, whether said judge of the city court of Camilla is disqualified or not. Judge of Superior Court or judge pro hac vice. SEC. 36. Be it further enacted, That the judge of said city court of Camilla shall distribute among the officers of said city court the fines, forfeitures and other funds arising in said court under the general law governing the same in the superior court; and whenever the convicts of said court are worked on the roads of said county, then the county commissioners shall, immediately upon receipt of each convict, pay to the officer delivering the same the full amount of all costs accrued to the justice of the peace, constable, sheriff, clerk, solicitor or others in the prosecution of the case in which such convict was sentenced. Fines and forfeitures, how distributed. SEC. 37. 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, 1905.

Page 192

CITY COURT OF CARNESVILLE, ACT CREATING REPEALED. No. 465. An Act to repeal an Act to establish the city court of Carnesville, in Franklin county, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes, approved December 13, 1901, and to abolish the city court organized by virtue of said Act, to provide that all cases pending therein and all unfinished business, books, papers and records thereof be transferred to the superior court of Franklin county, Georgia, to provide when the Act shall become operative, 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 as soon as this Act shall go into effect, as hereinafter provided, the city court of Carnesville, in Franklin county, Georgia, organized by virtue of an Act entitled An Act to establish the city court of Carnesville, in Franklin county, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved December 13, 1901, shall be abolished, and said Act is hereby repealed. City Court of Carnesville abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all cases pending in said city court of Carnesville shall be transferred to the superior court of Franklin county, Georgia, to be disposed of as other cases therein. Cases transferred to Superior Court. SEC. 3. Be it further enacted by the authority aforesaid, That all mesne and final processes from the city court of Carnesville which have not been executed shall be returnable to the superior court of Franklin county, Georgia, and all claims, illegalities and other issues arising from the execution of said processes shall be returnable as though issued from superior court of Franklin county. Processes, etc., returnable to Superior Court.

Page 193

SEC. 4. Be it further enacted by the authority aforesaid, That all mesne and final processes from the city court of Carnesville not executed when this Act goes into effect may be executed by the officers of the superior court of Franklin county, Georgia. Processes by whom executed. SEC. 5. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers of the city court of Carnesville shall be turned over to the clerk of the superior court of Franklin 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 Franklin. 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 election shall be made to the ordinary of Franklin 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 1st day of November, 1906. Transfer of records. Ratification of this Act. 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 23, 1905. CITY COURT OF CARNESVILLE, ACT CREATING AMENDED. No. 467. An Act to amend section thirty-four and section thirty-five of an Act entitled An Act to establish the city court of Carnesville, in Franklin county, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define their power and duties, to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes, approved December 13, 1901, by striking out the words judge of said court, in the second line of section thirty-four of said Act, and substituting in lieu thereof the words, the ordinary of said county; also, by striking out of the fifth, sixth and seventh lines thereof the following words, to wit: Constitute part of the insolvent funds of said county, and shall be paid out by said judge, together with fines and forfeitures as provided in section thirty-five of this Act, and substitute in lieu thereof the

Page 194

following words, to wit: First be applied to the payment of legal costs accrued in the case or cases in which said convict or convicts were found guilty, and the remainder shall be turned over to the county treasurer as other county funds; also, by striking out the words and convict hire, in the fourth, fifth, sixth and tenth lines of section thirty-five of said Act, and by inserting the word, and between the word fines and the word forfeiture, in the fifth line of said section, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That from and after the passage of this Act, that section thirty-four of an Act entitled an Act to establish the city court of Carnesville, in Franklin county, to define its jurisdiction and powers, to provide the appointment of a judge and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes, approved December 13, 1901, be, and the same is, hereby amended, by striking out the words judge of said city court, in the second line of said section, and substituting in lieu thereof the following words, to wit: The ordinary of said court, also by striking out of the fifth, sixth and seventh lines thereof the following words, to wit: Constitute part of the insolvent funds of said county, and shall be paid out by said judge, together with fines and forfeitures, as provided in section thirty-five of this Act, and substituting in lieu thereof the following words, to wit: First be applied to the payment of legal costs accrued in the case or cases in which said convict or convicts were found guilty, and the remainder shall be turned over to the county treasurer as other county funds, so that when so amended said section will read as follows: Sec. 34. Be it further enacted by the authority aforesaid, That the ordinary of said court shall have power and authority to hire out convicts under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of the State, and the money arising from such hire shall first be applied to the payment of legal costs accrued in the case or cases in which said convict [Illegible Text] convicts were found guilty, and the remainder shall be turned over to the county treasurer as other county funds. City Court of Carnesville, Act creating amended. Hire of convicts.

Page 195

SEC. 2. Be it further enacted by the authority aforesaid, That section thirty-five of said Act be, and the same is, hereby amended by striking out the words and convict hire, in the fourth, fifth, sixth and tenth lines of said section, and by inserting in the fifth line thereof the word and between the word fines and the word forfeitures, so that when so amended said section of said Act will read as follows: Sec. 35. Be it enacted by the authority aforesaid, That at or within ten days after each regular term of said city court, and oftener if he shall deem it proper to do so, the judge of said court shall distribute the fines and forfeitures arising from cases tried in said court as follows: Fines and forfeitures arising in cases which originate in said city court shall be prorated between the solicitor and clerk and sheriff of said city court and justices of the peace and constables, on their bills for insolvent costs in cases originating in said city court, fines and forfeitures arising from cases transferred from the superior to the city court shall be prorated between the solicitor, clerk and sheriff of the city court, and solicitor, general clerk and sheriff of the superior court, and justice of the peace and constables on their bills for insolvent cost in transferred cases. If at any time there shall be a surplus of the insolvent fund arising from cases originating in the city court, the same shall be applied to insolvent cost in transferred cases, and if at any time there shall be a surplus of the insolvent fund arising from transferred cases after paying all insolvent costs in transferred cases, the same shall be applied to insolvent costs in cases originating in said city court. The judge of said city court shall, before paying insolvent bills, approve the same and order them entered on the minutes of said city court, and such bills for insolvent cost shall be a lien on said insolvent funds superior to all other liens. Fines and forfeitures SEC. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905.

Page 196

CITY COURT OF COLUMBUS, JURISDICTION OF, ETC. No. 52. An Act to confer upon the city court of Columbus jurisdiction of certain criminal offenses, to fix the number of petit or traverse jurors in said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the city court of Columbus shall be, and hereby is vested with jurisdiction over all violations of the penal laws of this State below the grade of felony, which may, after the passage of this Act, be committed in the county of Muscogee. City Court of Columbus, jurisdiction in criminal cases. SEC. 2. Be it further enacted by the authority aforesaid, That at every quarterly term of the city court of Columbus there shall be empaneled twenty-four petit or traverse jurors from which shall be stricken, under the rules obtaining in the superior courts of this State, a jury consisting of twelve, for the trial of civil and criminal cases, and the names of jurors shall be drawn from the jury box of said court, and they shall be summoned and empaneled in the same manner as similar jurors are drawn, summoned and empaneled for the superior court; and tales jurors, when necessary, may be called to fill said panel, and all juries for the trial of said cases in said court shall consist of twelve men selected from said panel in the same way and manner as juries are now selected in the superior court. And where not otherwise provided in the Act creating said court or Acts amendatory thereof, the manner of trial and procedure in said court shall be the same as in the superior court. Jurors. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall not be construed so as to affect or change existing laws in relation to the city courts of Columbus, except as hereinbefore specifically set out. Existing laws. 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, 1905.

Page 197

CITY COURT OF DALTON, ESTABLISHED. No. 338. An Act to establish the city court of Dalton, in the city of Dalton, in and for the county of Whitfield, to define its jurisdiction and powers, to provide for the election of a judge and other officers thereof, to define the powers and duties of the judge and other officers thereof, to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city court of Dalton, in the city of Dalton, in and for the county of Whitfield, is hereby established and organized, to be held in the city of Dalton with jurisdiction civil and criminal, and quasi civil and quasi criminal, over the entire county of Whitfield. City Court of Dalton established. SEC. 2. Be it further enacted, That said city court of Dalton shall have jurisdiction to try and dispose of all cases of whatever nature where the amount involved is fifty dollars or more, except cases over which exclusive jurisdiction is vested in other courts by the Constitution of the State of Georgia; provided that said city court of Dalton shall have jurisdiction over cases where the amount involved is less than fifty dollars when the subject-matter of the suit is not within the jurisdiction of the justice court. Any defendant in said city court may set up equitable defenses, and if, by reason thereof, it becomes necessary to make other persons parties to the cause, it may be done in the same manner as in the superior courts, and it shall be within the power of the said city court, in proper cases, to mould verdicts at law so as to do full justice to the parties, and in the same manner as a decree in equity, and the judgment and execution shall conform to the verdict; provided that it is not intended to grant power to said court to administer affirmative equitable relief where the Constitution grants exclusive jurisdiction to the superior court. Jurisdiction in civil cases SEC. 3. Be it further enacted, That said city court of Dalton shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Whitfield, where the offender under the punishment prescribed is not subject to loss of life or confinement in the penitentiary. In criminal cases.

Page 198

SEC. 4. Be it further enacted, That there shall be a judge of the city court of Dalton who shall be elected by the qualified voters of the county of Whitfield, who shall, after the first term of office hereinafter provided for, 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 governing other elections; provided that if said vacancy occurs within thirty days of the next general election then the appointment of the Governor shall continue for the remainder of the unexpired term. The first election for judge under this Act shall be held on the third Wednesday in September, 1905, under the rules and regulations governing the election of members of the General Assembly. The judge elected on the third Wednesday in September, 1905, shall hold said office until January 1, 1909. His successor shall be elected at the general election for Governor and members of the General Assembly, to be held in the year 1908, and shall hold his office for the term of four years from January 1, 1909, and thereafter said judge shall be elected every four years, as hereinafter provided. The judge of the said city court of Dalton shall receive a salary of seven hundred and twenty dollars per annum, which shall not be diminished or increased during his term of office, and shall be paid monthly out of the treasury of the county of Whitfield, without the intervention or order of the county commissioners, or any other county officers. Said judge shall be allowed to practice law in any court except his own. Judge. SEC. 5. Be it further enacted, That any person who shall be elected judge of said city court must at the time of his election be at least thirty years of age, must also have been a resident of the county of Whitfield for one year before his election, and must have been a practicing attorney for at least five years before his election; and before entering upon the discharge of the duties of his office shall take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to person, and do equal rights to poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Dalton, according to the best of my ability and understanding, and according to the laws and Constitution of this State, and of the United States, so help me God. Said oath shall be forwarded to the Governor and filed in the executive department. Qualifications and oath. SEC. 6. Be it further enacted, That the solicitor-general of

Page 199

the Cherokee judicial circuit shall be ex officio solicitor of the said city court of Dalton. It shall be the duty of said solicitor to represent the State in all cases in the city court in which the State shall be a party, and shall perform such other duties therein as usually appertain to his office. He shall receive for such services the same fees that are provided by law for similar services in the superior court. Whenever said solicitor shall, by reason of his official engagements elsewhere, or for other reasons, be unable to attend said court, also when he may deem it necessary, it shall be his duty to secure the services of a competent attorney at law to represent him in said court. On his failure to do so, or in the absence of any one to represent the State, the Judge of said court shall have power to appoint a competent attorney as solicitor pro tem. Solicitor. SEC. 7. Be it further enacted, That the clerk, sheriff and their deputies of the superior court of Whitfield county shall be ex officio clerk, sheriff and deputies of said city court of Dalton, and for services rendered in said city court shall be entitled to the same fees as are allowed them by law in the superior court, except in cases where the amount sued for is two hundred dollars or less; in such cases they shall receive one-half the regular fees allowed for similar services rendered in the superior court, and for each day's service in attending upon the city court the clerk shall receive two dollars per day and the sheriff shall receive two dollars and fifty cents per day. The said clerk, sheriff and their deputies shall discharge the same duties and be subject to the same penalties in said city court as in the superior court; and for services rendered, when no compensation is provided by law, they shall receive such compensation as the judge of said court shall, in his discretion, grant. Clerk and sheriff. Authority of judge. SEC. 8. Be it further enacted, That the judge of said city court of Dalton is empowered to exercise the same authority over the clerk and the sheriff and the deputy sheriffs of said court as may be exercised by the superior courts over the clerk, sheriff and deputy sheriffs of the superior court. Powers of officers. SEC. 9. Be it further enacted, That the judge of the city court of Dalton shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders; to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, to take affidavits, and to issue any other writ, warrant, order or process, the power to issue which is not given exclusively to some other court, judge or officer by the Constitution of this State; and said judge, solicitor, clerk, sheriff and his deputies shall have power to administer all

Page 200

oaths, and do all other official acts pertaining to their offices, respectively, as the judge and other officers of the superior courts in like cases may do. Said judge shall have power to issue writs of habeas corpus, and hear and determine the same, as judges of the superior courts may do, except in capital cases to cause testimony to be taken to be used de bene esse and for the purpose of perpetuating testimony within its jurisdiction and in general to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act, and the judge of the said city court of Dalton may, in his discretion have the testimony in any important criminal case reported and transcribed by the official stenographer of said court, compensation for such services to be paid by the county treasurer on the order of said judge at the same rate and in the same manner as provided for taking down testimony in felony cases in the superior court; and the judge of the city court of Dalton shall have all power and authority throughout his jurisdiction as the judges of the superior courts of this State, except where, by the Constitution, exclusive power and authority are vested in the judges of the superior court; and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. The official stenographer of the said city court shall be appointed by the judge thereof in the same manner as they are appointed by the judge of the superior courts. Stenographer. SEC. 10. Be it further enacted, That the regular terms of the said city court of Dalton shall be held quarterly, beginning on the second Monday in February, third Monday in May, August and November of each year. The judge of said court shall have power to hold said court in session so long as in his judgment the same may be necessary, and adjourn the same from day to day and from one day to another as he may see proper. Terms of court. SEC. 11. Be it further enacted, That suits in said city court shall in all respects be conformable to the modes of proceedings in the superior courts, except as herein provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof and directed to and served by the sheriff of the city court of Dalton, or his deputy, and all executions issuing from said city court shall be attested in the name of the judge, signed by the clerk, and directed to the sheriff or his deputy of the city court of Dalton, and all and singular the sheriffs or their deputies of the State of Georgia. All petitions in said court shall be addressed to the city court of Dalton. Suits, how instituted. SEC. 12. Be it further enacted, That in all matters pertaining

Page 201

to service, and pleading and practice, and other legal procedure, the laws governing the superior courts shall be applicable to said city court, unless otherwise provided by this Act. Practice. SEC. 13. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases over which said court has jurisdiction, and to give judgment and award execution thereon without the intervention of a jury; provided, always, that upon the opening of the court at such term the judge of said court shall proceed to call the appearance docket of the court, and either party in any case upon said docket shall then be entitled to demand, and at the trial term have, a jury to try said case, which demand shall be in writing, and signed by himself or his counsel, and made upon the call of the docket. Trials by jury. SEC. 14. Be it further enacted, That said city court shall have jurisdiction in all claim cases where personal property is levied on under process from said court, which claim shall be tried in the same manner as claims in the superior courts, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as practiced in other courts. Claims to personalty SEC. 15. Be it further enacted, That all laws upon the subject of attachments and garnishments in the superior courts in this State shall apply to said city court so far as the nature of the city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior courts, and all attachments returnable to the city court of Dalton shall be directed to the sheriff of the city court of Dalton, and to all and singular the sheriffs and constables of said State, and may be served by the sheriff of the city court or his deputy, or any sheriff or constable, or other officer authorized by law to levy attachments returnable to other courts. Attachments and garnishments. SEC. 16. Be it further enacted, That the garnishment proceedings in said city court shall be conformable to the laws of the State on the subject in the superior courts; provided the garnishee shall reside in the county of Whitfield; but when the garnishee shall reside in any other county in this State, the same law shall be applicable to the said city court, with this proviso, that the papers shall be returnable to the superior court of the county of the garnishee's residence, or to the city court of said county, if there is one, and all subsequent proceedings shall be had therein. Garnishment.

Page 202

SEC. 17. Be it further enacted, That all proceedings to make parties in any cause in the city court shall conform to the laws on that subject in the superior court. Parties. SEC. 18. Be it further enacted, That the general laws of this State, with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations, and all other legal procedure, examination of witnesses by interrogatories, depositions or otherwise, witnesses in their attendance, continuances, motions for new trial, and all matter pertaining to pleadings and practice, and all matters of judicial nature within the jurisdiction of the city court, shall be applicable to said city court, unless otherwise herein provided. Practice. SEC. 19. Be it further enacted, That the said city court of Dalton shall be a court of record, and shall have a seal, and the minutes, dockets, records and other books and files that are required by law to be kept for the superior court shall be kept in and for said city court, and in the same manner; and laws applicable to the duty of the clerk and sheriff of the superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 20. Be it further enacted, That all laws regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had thereunder, under the same rules and laws regulating the same in the superior court. Judgments. SEC. 21. Be it further enacted, That the judge of the city court of Dalton shall have the power to enforce its orders, preserve order, punish for contempt, and to enforce all his judgments in the same manner as the judges of the superior courts. Contempt. SEC. 22. Be it further enacted, That the traverse jurors in the city court of Dalton shall be procured in the following manner: The clerk of said court shall provide a city court jury box similar to the traverse jury box in the superior court, and shall write on separate pieces of paper the names of each person on the grand jury list and petit jury list of the superior court, and shall place said names in the city court jury box, from which shall be drawn the traverse jurors to serve in the city court. All laws with reference to the drawing, summoning and empaneling traverse jurors in the superior court shall apply to the city court of Dalton; provided that the number of jurors so drawn shall be eighteen instead of thirty-six, as provided for in the superior court; and said city court judge shall have the same power to summons tales jurors for the city court that the judges of the superior court

Page 203

have for the superior court. Jurors in said city court shall receive one dollar and fifty cents per day for each day of their attendance, and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are or hereafter may be paid. Jurors. SEC. 23. Be it further enacted, That all laws with reference to the disqualification, empaneling, challenging, fining, or in anywise relating to jurors now in force or hereafter to be enacted regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with this Act. In all cases where issues are to be tried by a jury, the party shall be entitled to eighteen jurors from which to strike. In all civil cases each party shall be entitled to three peremptory challenges, and in criminal cases the defendant shall be entitled to three peremptory challegnes, and the State three; and all laws and rules governing the selection of jurors in the superior court shall apply to the city court, unless otherwise provided in this Act. Jurors. SEC. 24. Be it further enacted, That in all cases, civil or criminal, pending in said city court, in which a jury is demanded by either party, a jury trial shall be had, under the provisions of this Act, by a jury of twelve men. All civil cases, in which a jury shall be demanded by either party, shall be tried by the court in term time. All criminal cases shall be tried by the court either in term time or in vacation, and said court shall be open for trial of criminal cases at all times. If at any time a defendant shall demand a trial by a jury, and no jury shall be in attendance upon the court, the judge may, in his discretion, direct the sheriff to summons a tales jury of eighteen jurors, whose names appear either on the grand or petit jury list of said county, for the trial of such criminal cases, and said jury shall be empaneled, and such trial proceed at such time as the judge may direct, and all other proceedings in said case or cases shall be the same as though had during the regular term, and as if said jurors had been regularly drawn and summoned. Trials by jury. SEC. 25. Be it further enacted, That defendants in criminal cases in said city court of Dalton may be tried on written accusation founded on affidavit, which accusation shall be signed by the prosecution officer of said court. No person charged with an offense within the jurisdiction of said court shall have the right to demand an indictment by the grand jury of Whitfield county before trial. Accusationno indictment. SEC. 26. Be it further enacted, That after hearing the evidence

Page 204

on any trial it shall appear to the court that the offense is beyond the jurisdiction thereof, the trial shall be discontinued, and the accused committed or bound over to the next superior court, according to the law of bail and commitment, and the proceeding shall be transmitted to the superior court. Felonies. SEC. 27. Be it further enacted, That the judge of the superior court of Whitfield county may, in his discretion, transfer any and all indictments and presentments for midemeanors to said city court for trial, the order transferring the same to be entered on the minutes of both courts. Transfer of cases from Superior Court. SEC. 28. Be it further enacted, That the judge of the city court may, in his discretion, pass an order transferring to the superior court of Whitfield county for trial any criminal case in which said judge may be disqualified, the order transferring the same to be entered on the minutes of both courts. Transfer of cases to Superior Court. SEC. 29. Be it further enacted, That the judge of said city court shall have the power to appoint two bailiffs at any term of the court for such time as they may be needed. Bailiffs. SEC. 30. Be it further enacted, That writs of error shall be from the city court of Dalton to the Supreme Court of this State, upon bills of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions and the issuing of writs of error in the superior courts of this State. Writs of error. SEC. 31. Be it further enacted, That no judgment, order, sentence or decree of the said city court, or the judge thereof shall be reviewed by a writ of certiorari. No certiorari. SEC. 32. Be it further enacted, That the judge of the city court of Dalton shall have the power to grant new trials in all cases, civil and criminal, in said court, upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure, governing motions for new trials in the superior courts, and the hearing and determination thereof, in vacation or term time, shall apply to and govern the same in said city court. New trials. SEC. 33. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all the laws, rules and practices in the superior courts with reference to the term thereof shall apply to the city court of Dalton, unless otherwise provided by this Act; provided that in cases in which no defense or plea is filed on the second day of the first term, or such plea or defense shall be stricken by the court, a

Page 205

judgment may be rendered by the court, or verdict taken as the case may require, for the plaintiff on any succeeding day of the said term upon call of said case in open court. Appearance and trial terms. SEC. 34. Be it further enacted, That whenever the judge of said city court is for any cause disqualified from presiding in any case, and the judge of the superior court shall fail to preside in said court, as provided by the Constitution of this State, or is not present when such case is called on the docket, then, upon consent of the parties or upon their failure or refusal to agree, said case may be tried by a judge pro hoc vice, selected in the same manner as now provided for in the superior courts. Judge of Superior Court and judge pro hoc vice. SEC. 35. Be it further enacted, That the county commissioners of Whitfield county shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery necessary to run said court, and that said city court shall be held in the courthouse of Whitfield county, and such other place in the city of Dalton as the superior court of said county may be held. Court house and records. SEC. 36. Be it further enacted, That the several justices of the peace of said county of Whitfield in admitting defendants to bail in misdemeanor cases, and all other officers and parties taking bonds for the appearance of defendants or any defendant who stands charged with a misdemeanor, shall make the same returnable to the city court of Dalton. If defendant fails to give bond and is committed to jail, the case shall be tried on any day fixed by the judge of the city court. If the defendant gives bond the case shall be returned to the next term of the city court. Appearance bonds. SEC. 37. Be it further enacted, That upon failure of the defendant to appear and answer to any charge he may stand accused of in said city court at the time named in said bond, said bond shall be forfeited under the same rules and regulations as bonds are now forfeited in the superior courts, and the order of forfeiture and scire facias shall issue on the said day of no-appearance, and the fees of officers of the said city court in such cases shall be the same as are allowed by law to officers of the superior courts for like services, and the subsequent proceedings shall be the same as now prescribed by law. Forfeitures. SEC. 38. Be it further enacted, That at the close of any regular or call term of the city court of Dalton, or at any time thereafter he may deem proper to do so, the judge shall distribute the fines and forfeitures arising from cases tried in the court as follows: All bills for insolvent costs due the solicitor, the sheriff, and clerk, shall be approved by the judge and entered on the minutes,

Page 206

and shall be a lien upon all the fines and forfeitures raised in the court superior to all other claims for insolvent costs, and when the judge distributes such fines and forfeitures, he shall pay the same to the solicitor, clerk and sheriff pro rata on their bills for insolvent costs, for fees in cases in said court, and when the bills are fully paid, he shall order the surplus paid to the treasurer of the county, who shall place it to the credit of the fine and forfeiture fund of said county, and it shall be disposed of as provided by law. If the insolvent cost bills of the officers are not fully paid when such distribution is made, the bills shall be credited with the amounts appropriated by the order of the judge. The solicitor-general, clerk and sheriff shall share pro rata in fines and forfeitures arising from cases transferred from the superior court, before any surplus is paid into the county treasury for such cases. When a justice or notary public and ex officio justice of the peace has bound over an offender for his appearance to said court, such officer, as to his costs, shall share upon the same terms as the solicitor, clerk and sheriff in any fine or forfeiture arising in the case. The insolvent costs due the solicitor, clerk and sheriff shall be paid only from moneys arising from fines and forfeitures and from the hire of convicts from said court. Fines and forfeitures, distribution of. SEC. 39. Be it further enacted, That this Act shall go into effect immediately upon its passage and approval by the Governor. SEC. 40. 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 23, 1905. CITY COURT OF DOUGLAS, ACT CREATING AMENDED. No. 530. An Act to amend an Act entitled An Act to establish the city court of Douglas, in the city of Douglas, in Coffee county, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define their powers and duties, to provide for the granting of new trials therein and writs of error therefrom, and for other purposes,

Page 207

approved December 9, 1897, so as to provide for the election of the judge and solicitor of said court by the qualified voters of said county of Coffee, to make the clerk and sheriff of the superior court of said county of Coffee ex officio clerk and sheriff, respectively, of said city court of Douglas, to increase the salary of the judge of said city court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act establishing the city court of Douglas, etc., approved December 9, 1897, be, and the same is, hereby amended as follows: By repealing and striking from said Act section 4 thereof and inserting in lieu thereof the following section, to be known as section 4, to wit: There shall be a judge of said city court of Douglas, who shall be elected by the qualified voters of the county of Coffee, who shall hold his office for the term of four years from the date of his qualification, and until his successor is elected and qualified, and if a vacancy should occur 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 and all elections for judge, whether for regular or unexpired terms, shall be held under the same rules as govern elections for members of the General Assembly. From and after December 17, 1905, the judge of said court shall receive a salary of one thousand dollars per annum, which shall be paid monthly out of the treasury of Coffee county. City Court of Douglas, election, judge and salary SEC. 2. Be it further enacted by the authority aforesaid, That section 10 of said Act aforesaid be amended by striking therefrom the first eight and a half lines thereof reading as follows: Be it further enacted, That there shall be a solicitor of said city court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of two years. All vacanicies in said office shall be filled by the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at its next session thereafter, and by inserting in lieu thereof the following: Be it further enacted, That there shall be a solicitor of said city court, who shall be elected by the qualified voters of said county of Coffee in the same manner as the judge of said court is elected. He shall hold his

Page 208

office for the term of two years and until his successor is elected and qualified. All vacancies in said office shall be filled in the same manner as is provided by this Act for the filling of vacancies in the office of judge. It is further enacted, That the balance of said section 10 as it appears in said original Act is hereby continued in full force and effect. Solicitor, election, etc. SEC. 3. Be it further enacted by the authority aforesaid, That the election for judge and solicitor of said court to be held under this Act shall be as follows: The first election for solicitor of the court under the terms of this Act shall be at the general election held in said county for members of the General Assembly and county officers in the year 1906, and the solicitor thus elected shall serve for a term of two years from the expiration of the regular term of the solicitor then in office, and until his successor is elected and qualified, and thereafter said solicitor shall be elected every two years at general elections as above provided. The first election for judge under the terms of this Act shall be at the general election for members of the General Assembly and county officers held in the year 1908, and the judge thus elected shall serve for a term of four years from the expiration of the regular term of the judge then in said office, and until his successor is elected and qualified; and thereafter said judge shall be elected every four years, by the qualified voters of said county, in general elections as above referred to and prescribed. Said judge and solicitor elected under the foregoing provisions shall be commissioned by the Governor. Elections, when held. SEC. 4. Be it further enacted by the authority aforesaid, That the clerk and sheriff and their deputies of the superior court of said county of Coffee shall be ex officio clerk and sheriff of said city court of Douglas; provided, however, that either or both of said officers may be removed from their respective offices in said city court by the judge thereof for non-attention to the duties of said office, inefficiency, or other good and sufficient reason, and in case of such removal said judge shall have the right to fill the vacancy thus created by appointing some fit and discreet person to fill said office, who shall give bond as required by law for the faithful performance of his duties of his office, same to be held at the pleasure of said judge. It is further enacted that any and all other provisions of said original Act as to the rights, duties, liabilities, etc., of the clerk and sheriff of said city court of Douglas, not hereby repealed by the above provisions of this Act, are hereby continued in full force and effect. Clerk and sheriff.

Page 209

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 22, 1905. CITY COURT OF DUBLIN, ACT CREATING AMENDED. No. 362. An Act to amend an Act amending an Act to establish the city court of Dublin, approved August 4, 1904, to define its jurisdiction and to repeal that part of said amending Act giving defendants in criminal case in said court the right to demand indictments by grand jury. SECTION 1. Be it enacted by the General Assembly of Georgia, That section 5 of said amending Act amending the city court of Dublin, approved August 4, 1904, be, and the same is, hereby amended by striking out all of that part of said section 5 beginning at the word unless, in the fourteenth line of said section, down to the words grand jury, in the twenty-sixth line of said section 5, so that said section 5, when so amended, will read as follows: Sec. 5. Be it enacted by the authority aforesaid, That the defendants in criminal cases in the said city court of Dublin may be tried on a written accusation as well as on presentment or indictment by the grand jury coming from the superior court of Laurens county, Georgia, which accusation shall set forth plainly the offense charged, framed upon the affidavit of the prosecutor, and signed by the solicitor of said city court of Dublin, 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 Laurens county, Georgia. All the proceedings after accusation shall conform to the rules governing like cases in the superior court, except there shall be no jury trials unless demanded by the accused as hereinbefore provided. In all cases tried the accusations 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 pleadings, to be observed in regard to bills of indictment in the superior court. It shall be the duty of the judge of the superior court of Laurens county, either in term or on vacation, to transfer to the city court of Dublin all indictments for misdemeanor cases. City Court of Dublin. Trial of criminal cases.

Page 210

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 23, 1905. CITY COURT OF EASTMAN, ESTABLISHED. No. 192. An Act to establish the city court of Eastman, in the county of Dodge; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, compensation, etc., of the officers thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city court of Eastman, in the city of Eastman, in the county of Dodge, is hereby established and organized, to be held in the city of Eastman, with jurisdiction civil and criminal over the entire county of Dodge. City Court of Eastman established. SEC. 2. Be it further enacted by the authority aforesaid, That said city court of Eastman shall have jurisdiction to try and dispose of all cases, of whatever nature, concurrent with the superior court, except those cases over which exclusive jurisdiction is vested in other courts by the Constitution of the State of Georgia. Jurisdiction. SEC. 3. Be it further enacted by the authority aforesaid, That said city court of Eastman shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Dodge, where the offender is not subjected to loss of life or confinement in the penitentiary. All cases arising in said court or committed thereto by our justice courts shall be tried upon accusation. Criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a judge of the said city court of Eastman, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be for four years; and all vacancies in the said office shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which may be then in session; or, if the Senate be not in session at the time of

Page 211

such appointment, or shall fail to act, then subject to the approval of the Senate at its next session thereafter; provided, that the judge first appointed under this Act shall, if the Senate be not in session, or shall fail to act, hold and fill the office subject to the approval of the Senate at the next session thereafter. The judge of the said city court of Eastman shall receive a salary of one thousand dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the county of Dodge, and the county authority shall levy a tax for the purpose of this Act; provided, that the term of office of the judge first appointed under the provisions of this Act shall expire on the first day of June, 1907, and that thereafter the term of office of such judge shall be for four years and until their successors are appointed and qualified. Judge. SEC. 5. Be it further enacted by the authority aforesaid, That any person who shall be appointed judge of the said city court must, at the time of such appointment, be at least twenty-eight years of age; he must also have been a resident of Dodge county for at least two years immediately preceding his appointment, and must also have been a practicing attorney for at least five years before his appointment, and before entering upon the discharge of the duties of his office he shall take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Eastman, according to the best of my ability and understanding, according to the laws and Constitution of this State and of the United States, so help me God. And said oath shall be forwarded to the Governor and filed in the Executive Department. Said judge will have the right to practice law in all the courts except the city court of Eastman. Qualifications and oath of judge. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the said city court of Eastman, to be appointed by the Governor, with the approval of the Senate, whose term of office shall be for four years; provided, that the term of office of the solicitor first appointed under the provisions of this Act shall expire on the first day of June, 1907, and that thereafter the term of office of said solicitor shall be four years and until their successors are appointed and qualified, and all vacancies in said office shall be filled by appointment in like manner. The fees of such solicitor shall be the same as is now provided for solicitors-general of the superior courts of this State. Said

Page 212

solicitor, before entering upon the duties of his office, shall give bond, with good security, in the sum of five hundred dollars, conditioned for the faithful discharge of the duties of his office, and shall in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially and without fear, favor or affection discharge my duties as solicitor of the city court of Eastman, so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of the said city court, and shall, together with said oath, be entered on the minutes of said court by the clerk, and may be sued on by any person interested. If, for any reason, said solicitor shall fail or be disqualified to act in any case the court shall appoint a solicitor pro tem. Solicitor. SEC. 7. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Dodge county shall be ex officio clerk of said city court, and shall perform in said city court the same duties that are, by law, required of him as an officer of the superior court, so far as the same are applicable; and for his services he shall receive the same compensation he is entitled to receive for similar services in the superior courts, except in civil cases where the amount involved is under one hundred dollars his fees shall be one half those in the superior court, and if the amount is less than fifty dollars the plaintiff shall not recover more than justice court costs. The clerk shall execute a bond in the sum of two thousand dollars conditioned for the faithful discharge of the duties of his office, to be approved by the judge of said court and recorded on the minutes thereof. Clerk. SEC. 8. Be it further enacted by the authority aforesaid, That the sheriff of Dodge county shall, by virtue of his office, be sheriff of the city court of Eastman, and in his official connection with said court shall be known as the sheriff of the city court of Eastman. Before entering upon the discharge of the duties of his office, he shall execute a bond, with good security, in the sum of three thousand dollars, for the faithful discharge of the duties of his office. He shall have power, with the consent of the judge of said court, to appoint a deputy, for whose acts said sheriff shall be responsible. Said sheriff shall receive the same fees as are now, or may be hereafter, allowed by law to the sheriff of Dodge county, except that in civil cases where the amount involved is less than one hundred dollars, then his fees shall be one half those in the superior court, and if less than fifty dollars the plaintiff shall only recover justice court costs. Said bond shall be approved

Page 213

by the judge of said court and recorded on the minutes thereof. Sheriff. SEC. 9. Be it further enacted by the authority aforesaid, That the judge of the city court of Eastman is empowered to exercise the same authority over the clerk and sheriff and deputy sheriff of said court as may be exercised by the judge of the superior court over the clerk, and sheriff and deputy sheriffs in the counties of Georgia. Authority of judge. SEC. 10. Be it further enacted by the authority aforesaid, That the judge of the city court of Eastman shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders; to foreclose liens and mortgages on realty or personalty; to attest deeds and other papers, and take affidavits, anywhere in this State; and said judge, solicitor, clerk and sheriff and his deputy shall have power to administer all oaths and do all other official acts pertaining to their offices respectively, as the judge and other officers of the superior court may in like cases do. Said judge shall also have power to issue writs of habeas corpus, and hear and determine the same as judges of the superior court may do; to cause testimony to be taken, to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act; and said judge of the city court of Eastman shall have the power and authority throughout his jurisdiction of judges of the superior courts of this State, except where, by law, exclusive power and authority are vested in the judges of the superior court; and all laws relating to and governing judges of the superior courts shall apply to the judge of the said city court, so far as the same may be applicable, except as herein provided. Powers of judge. SEC. 11. Be it further enacted by the authority aforesaid, That the regular terms of the said city court of Eastman shall be held quarterly on the second Monday in January, April, July and October of each year. The judge of said court shall have power to hold said court in session from day to day for a period not longer than one week from the beginning of each term; provided, said judge shall have the power to adjourn said court from day to day to the following week, if necessary, to complete the trial of [Illegible Text] begun. Terms of court. SEC. 12. Be it further enacted by the authority aforesaid, That suits of said city court shall in all respects be conformable to the modes of proceeding in the superior court, except as hereinafter

Page 214

provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Eastman, or his deputy therein, and all executions issuing from said court shall be attested in the name of the judge, and signed by the clerk, and directed to the sheriff, or his deputy, of the city court of Eastman, and all and singular the sheriffs or their deputies, of the State of Georgia. Procedure SEC. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service and pleading and practice, the laws governing in the superior court, where not inconsistent with this Act, and unless otherwise specially provided for in this Act, shall be applicable to said city court. Service, pleading and practice. SEC. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein; provided, that either party in any civil cause pending in said court upon entering a demand therefor, shall have a trial by jury by himself or his attorney, in writing, before the call of the docket, in all cases in which such parties may be entitled to a trial by jury, under the Constitution and laws of this State, which election shall not be withdrawn except by consent. Trials. SEC. 15. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claim shall be tried in the same manner as claims in the superior court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other courts. Claim cases. SEC. 16. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to said city court, so far as the nature of the city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior courts and all attachments returnable to the city court of Eastman shall be directed to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the city court, or his deputy, or any sheriff or constable, or other officer authorized by law to levy attachments returnable to other courts. Attachments and garnishments.

Page 215

SEC. 17. Be it further enacted by the authority aforesaid, That the garnishment proceedings in said city court shall be conformable to the laws in the State on the subject, in the superior court. Garnishment. SEC. 18. Be it further enacted by the authority aforesaid, That all proceedings to make parties, in any cause, in the city court shall conform to the laws on that subject, in the superior court. Parties. SEC. 19. Be it enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, sets-off, affidavits of illegality, arbitrations, examination of witnesses by interrogatories or under subp[oelig]na, witnesses and their attendance, continuances, motion for new trials, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court, unless otherwise herein provided. Pleading and practice. SEC. 20. Be it further enacted by the authority aforesaid, That the said city court of Eastman shall be a court of record, and shall have a seal, and the minutes, dockets, records, and other books and files that are required by law to be kept for the superior court shall be kept in and for said city court, and in the same manner; and all laws applicable to the duties of the clerk and sheriff of the superior court shall apply to them in said city court, except where they conflict with the provisions of this Act; and the clerk of said court shall keep a record, upon which he shall file and record all declarations in suit, filed in said court, together with any pleas filed therein during or immediately after adjournment of court at the appearance term of such cases, the fee for recording same to be taxed in cost bill. Court of record. SEC. 21. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of the judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied, and sales be had thereunder under the same rules and laws regulating the same in the superior court. Judgments. SEC. 22. Be it further enacted by the authority aforesaid, That the judge of the city court of Eastman shall have the power to enforce his orders, preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Contempt. SEC. 23. Be it further enacted by the authority aforesaid, That at each quarterly term of said court there shall be drawn a panel of traverse jurors in the following manner: The clerk of said court shall provide a city court jury box, similar to the traverse

Page 216

jury box of the superior court, and shall write upon separate pieces of paper the name of each person upon the grand jury list of the superior court and of each person upon the traverse jury list of the superior court, and shall place said name of all persons on the said superior court list in the city court jury box, from which shall be drawn, by the judge in term or vacation, the traverse jurors to serve in the city court. All laws with reference to the drawing and summoning and the empaneling traverse jurors in the superior court shall apply to the city court of Eastman, but the number of jurors so drawn shall be eighteen, unless the judge in his discretion may think two panels necessary, in which case the number may be thirty, as provided for in the superior court; and said city court judge shall have the same power to summons tales jurors for the city court that the judges of the superior court have for the superior courts. Jurors in said city court shall receive pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are, or may hereafter, be paid. The sheriff shall be entitled to a fee of two dollars for summoning the jurors for each term. Jurors. SEC. 24. Be it further enacted by the authority aforesaid, That all laws with reference to the disqualification, empaneling, challenging and fining jurors, now enforced or hereafter to be enacted, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases where issues are to be tried by jury, the parties shall be entitled to eighteen jurors from which to strike. In all civil cases such party shall be entitled to three peremptory challenges, and in civil cases the defendant shall be entitled to four peremptory challenges, and the State two; and all laws and rules governing the selection of jurors in the superior courts shall apply to the city court of Eastman, unless inconsistent with this Act. Jurors. SEC. 25. Be it further enacted by the authority aforesaid, That all civil cases pending in said city court in which a jury is demanded by either party, as provided in section 14 of this Act, and in all criminal cases in which the defendant shall demand a jury, as provided in section 27 of this Act, a jury trial shall be had in the term time under the provisions of this Act by a jury of twelve men. All civil cases in which no jury is demanded by either party shall be tried by the court in the term time, and all criminal cases in which no jury is demanded by the defendant shall be tried by the court either in term time or at any time between

Page 217

the regular terms of said court, and said court shall be open for trial of such criminal cases at all times. Jury trials SEC. 26. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court of Eastman shall be tried on written accusation, setting forth plainly the offense charged, as in indictments, which accusation shall be based on the affidavit of the prosecutor or other person, and signed by the solicitor of said city court. Accusation. SEC. 27. Be it further enacted by the authority aforesaid, That when any criminal cases in the said court, founded either upon indictment or presentment by grand jury, or upon an accusation in said city court, is called for trial, and before the arraignment of the defendant, the judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on said indictment or accusation. If the defendant demands a trial by jury, and the said court is not sitting at a regular term, the judge shall admit the defendant to bail, to answer at the next regular term, or on the defendant's failure to give bond, shall commit him to jail, to await his trial at the regular term. If the defendant waives trial by jury, then the judge of said court shall proceed to hear and determine such criminal cause without a jury; provided always, that a reasonable time may be granted the State or defendant to prepare a trial. Demand for trial by jury. SEC. 28. Be it further enacted by the authority aforesaid, That the judges of the superior court of Dodge county shall transfer any or all presentments or bills of indictment for misdemeanor to said city court for trial, the order so transmitting the same to be entered on the minutes of both courts, which shall not have been disposed at the first term. Transfer of misdemeanors. SEC. 29. Be it further enacted by the authority aforesaid, That the judge of said court shall have the same power to appoint bailiffs at any term of the court that the judges of the superior courts have. Bailiffs. SEC. 30. Be it further enacted by the authority aforesaid, That the judge of the said city court of Eastman shall have power to grant new trials in all cases civil and criminal in said court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice, and procedure governing motions for new trials in the superior courts, and the hearing and the determination thereof in vacation or term time shall apply to and govern the same in the said city court. New trials

Page 218

SEC. 31. Be it further enacted by the authority aforesaid, That writs of error directed from said city court of Eastman to the Supreme Court of this State shall be upon bills of exception filed under the same rules and regulations as govern and control the filling of bills of exception and the issue of writs of error in the superior courts of this State. Writs of error. SEC. 32. Be it further enacted by the authority aforesaid, That the first term of said court to which a case is brought shall be the judgment or trial term, and all the laws, rules and practices in the sueprior courts with reference to the trial of causes shall apply to the city court of Eastman, unless in conflict with this Act, or otherwise provided herein. First term, trial term. SEC. 33. Be it further enacted by the authority aforesaid, That wherever the judge of said city court is disqualified from presiding in any case, from any cause, and the judge of the superior court, or account of absence or other cause, shall fail to preside in said court, as provided in the Constitution of this State, then, upon consent of parties or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice selected in the same manner as now provided for in the superior court. Judge, pro hac vice. SEC. 34. Be it further enacted by the authority aforesaid, That the county authorities of Dodge county shall have authority and power to hire out convicts of said city court under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State, and the money arising from such hire shall be applied to the insolvent fund of the officers of said court, and shall be paid out by them, together with fines and forfeitures, as provided in section 35 of this Act. Hire of convicts. SEC. 35. Be it further enacted by the authority aforesaid, That at or within ten days after each regular term of said city court, and oftener if he shall deem proper to do so, the judge of said court shall distribute the fines and forfeitures and convict hire arising from cases tried in said court as follows: Fines, forfeitures and convict hire arising in cases which originate in said city court shall be prorated between the solicitor and clerk and sheriff of the city court and justices of the peace and constables on their bills for insolvent costs in cases originating in said city court; fines, forfeitures and convict hire arising from cases transferred from the superior court to the city court shall be prorated between the solicitor, clerk and sheriff of the city court, the solicitor-general and clerk and sheriff of the superior court, and justices of the peace and constables in their bills for insolvent costs in transferred cases. If at any time there shall be a surplus of the insolvent

Page 219

fund arising from cases originating in the city court after paying all insolvent costs on cases originating in the city court, the same shall be applied to the insolvent costs in transferred cases, and if at any time there shall be a surplus of the insolvent fund arising in transferred cases after paying all insolvent costs in transferred cases, the same shall be applied to insolvent costs in cases originating in city court. The judge of said city court, before paying insolvent bills shall approve the same and order them entered on the minutes of said city court, and such bills for insolvent costs shall be a lien on said insolvent funds superior to all other liens. Distribution of fines and forfeitures and hire of convicts. SEC. 36. Be it further enacted by the authority aforesaid, That the county authorities of Dodge county shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery necessary to run said court, and that said city court shall be held in the court-house of Dodge county, in the city of Eastman. Records. SEC. 37. Be it further enacted by the authority aforesaid, That the several justices of the peace of said county in admitting defendants to bail in misdemeanor cases, and all other parties or officers taking bond for the appearance of any defendant who stands charged with a misdemeanor, shall make same returnable to said city court of Eastman, either at term time or at such time as may be set or agreed upon in vacation for the trial of said case, whether said case originate by accusation in said city court of Eastman, or by indictment or presentment by the grand jury of said county. Appearance bonds. SEC. 38. Be it further enacted by the authority aforesaid, That upon the failure on the part of any defendant to appear and answer to any charge he may stand accused of in said city court at the time named in said bond, said bond shall be forfeited, at term time by the officers of said city court, under the same rules and regulations as bonds are now forfeited in the superior courts of this State, and the fee of the officers of the said city court of Eastman, in cases of forfeited bond, shall be the same as are now allowed by law to the officers of the superior courts of this State for like services. Forfeiture of bonds. Sec. 39. Be it further enacted by the authority aforesaid, That no person charged with a criminal offence falling within the jurisdiction of said city court of Eastman shall have the right to demand indictment by the grand jury before trial. Indictment. Sec. 40. Be it further enacted by the authority aforesaid, That

Page 220

any case of a civil character now pending in the superior court of Dodge county of which said city court may have jurisdiction may be transferred to the city court of Eastman together with all process, writs, summons, etc., returnable to said superior court which shall be returned to said city court, upon the written consent of the parties or their counsel, which shall stand for trial at the next term accruing not less than five days after the filing thereof. Transfer of civil cases. Sec. 41. Be it further enacted by the authority aforesaid, That this Act shall go into effect immediately upon its passage and approval by the Governor, and the first term thereof shall be the second Monday in October, 1905. First term of court. Sec. 42. Be it further enacted by the authority aforesaid, That there may, or may not, be a stenographer of said city court of Eastman, appointed by the judge thereof, and all civil cases in said court shall be reported at the request of either the plaintiff or defendant, if the judge in his discretion should consider the case one which should be reported, and the fees for reporting such cases to be the same as allowed for similar services in the superior courts, to be paid by the plaintiff and defendant equally, and in final disposition of case to be taxed against losing party as other costs. And said stenographer shall have the right to enforce his fees as stenographers in superior court. Stenographer. SEC. 43. Be it further enacted by the authority aforesaid, That all convicts of said city court shall be turned over to the authorities of Dodge county, who may hire them out in terms of the law, or, in their discretion, use them upon the roads or other public works of said county. Convicts, disposition of. SEC. 44. Be it further enacted by the authority aforesaid, That in case such convicts are hired out as herein provided, the hire arising therefrom shall be paid into the treasury of the county and applied to the payment of the costs in each particular case, and the surplus to the insolvent costs of the solicitor, clerk and sheriff of said court; said authorities shall in each instance pay the costs accrued in the case to judgment, all such payments to be made by warrants upon the treasurer of the county upon the orders of the judge of said city court taxing the costs in each case, copies thereof to be furnished said authorities by the clerk of said court. Hire of convicts. SEC. 45. Be it further enacted by the authority aforesaid, That fines, forfeitures, convict hire, etc., arising in said city court in cases transferred from the superior court, the said solicitor and solicitor-general shall divide equally the costs for prosecuting the

Page 221

same, the surplus, if any, to be applied as in cases originating in said city court. Fines and forfeitures and convict hire in transferred cases. SEC. 46. Be it further enacted by the authority aforesaid, That all fines and forfeitures in said city court shall be paid to the solicitor of said court, who shall pay the same out as ordered by the judge of said court, who shall as often as justice may require, tax the costs and pro rate such fines and forfeitures according to law. Fines and forfeitures. SEC. 47. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 23, 1905. CITY COURT OF FAYETTEVILLE, ACT CREATING AMENDED. No. 586. An Act to amend an Act entitled an Act to establish the city court of Fayetteville, in and for the county of Fayette; to define its jurisdiction and powers, to provide for the election of judge, etc., 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 authority of the same, That section 9 of the above recited Act be amended by striking from line five (5) of said section the following words, except they shall receive no per diem, so that section when amended will read as follows: Section 9. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court, unless otherwise specified in this Act, they and deputies, shall receive for all services the same fees as are allowed by law for like services in the superior court; they shall be amenable to the same process 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. City Court of Fayetteville. Clerk and sheriff, fees of. SEC. 2. Be it further enacted by the authority aforesaid, That section 43 of the above specified Act be, and the same is, hereby amended by striking out the whole of said section, and inserting in lieu thereof the following, to be known as section 43: Section

Page 222

43. Be it further enacted by the authority aforesaid, That all money arising from fines, forfeitures, forfeiting recognizances and convict hire arising in said city court shall be distributed and disposed of as follows: 1st. Costs due the solicitor of said city court, the clerk, the sheriff, justices of the peace, bailiff, and in cases transferred from the superior court, the solicitor-general of the superior court, his costs in said case, this to be construed as to costs only in case tried out of which fine or costs arises. 2d. After paying the costs in the case bringing the money into court as above prescribed, all the balance of said money shall be applied first to the payment of the judge's salary, and then other officers of said court, including justices of the peace and bailiffs their insolvent costs lists in cases in said city court, and if any is left to be paid into the county treasury to be used for county purposes. No officer shall receive any money as his insolvent costs bill, unless it has been first approved by the judge of said city court, and has been placed on the minutes of said court, and the judge shall pass an order allowing all insolvent costs and order same paid and placed on the minutes thereof. The said insolvent bill of said officers herein named shall be a lien on said fund superior to any other lien. Fines, forfeitures and convict hire. 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 22, 1905. CITY COURT OF FITZGERALD, ESTABLISHED. No. 478. An Act to establish the city court of Fitzgerald, in the city of Fitzgerald, Irwin county, Georgia; to define its jurisdiction and powers; to regulate proceedings therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city court of Fitzgerald be, and the same is, hereby established, to be organized, located, and held in the city of Fitzgerald, in Irwin county, Georgia, with jurisdiction, civil and criminal, in and over

Page 223

said city of Fitzgerald, and all that portion of Irwin county, Georgia, lying in the fifteen hundred and thirty-seventh (1537) district, Georgia Militia, of said county. City Court of Fitzgerald. SEC. 2. Be it further enacted, That said city court of Fitzgerald shall have jurisdiction in and over the territory aforesaid, to try and dispose of all cases of whatsoever nature except those cases of which the Constitution of this State has given the superior court exclusive jurisdiction. The jurisdiction herein conferred shall include not only the ordinary actions, sounding in contract or in tort or otherwise and begun by process and petition, but also all other kinds of suits and proceedings of which the superior courts now or hereafter take cognizance under the common law or by statute, including among others attachments and garnishment proceedings, illegalities, proceedings against intruders, or against tenants holding over, partition of personalty, trover suits, actions for the recovery of personal property as for the conversion thereof, distress warrants and issues upon the same, counter affidavits to any proceedings from said court, foreclosure of all liens and mortgages, whether on real or personal property, statutory awards, claims to personal property, habeas corpus, possessory warrants, and dispossessory warrants, and proceedings upon the same, and in general, all kinds of suits and proceedings, except those over which exclusive jurisdiction is vested in the superior court by the Constitution of the State, as heretofore stated; provided, that whenever suit is brought in this court, the principal sum of which does not exceed one hundred ($100) dollars, no more than justice court cost shall be charged by the officers of said court. Jurisdiction. SEC. 3. Be it further enacted, That said city court shall have jurisdiction to try and dispose of all criminal cases for crimes and offenses committed in the territory aforesaid, where the offense is below the grade of felony. Jurisdiction in criminal cases. SEC. 4. Be it further enacted, That there shall be a judge of said city court of Fitzgerald, who shall be appointed by the Governor of the State, and confirmed by the Senate as other appointments of like character are made, said judge to hold office for two years from the first day of September, 1905. That from and after the first day of September, 1905, the solicitor of the county court of Irwin county shall be ex officio solicitor of the city court of Fitzgerald. That Alex. J. McDonald is hereby appointed solicitor of said city court, to serve until the first day of September, 1906, and until his successor is appointed and qualified. The judge of said city court shall preside in and over said court

Page 224

and shall be clothed with, and shall exercise all the powers possessed by, the judges of the superior courts and the city courts of this State, as well as those conferred by the provisions of this Act; provided, he shall have no authority to grant new trials. Said judge shall receive as his compensation the sum of one thousand ($1,000) dollars per annum, payable quarterly by the treasurer of the city of Fitzgerald, as hereinafter provided. No law partner of either said judge or solicitor in said court shall be permitted, under any pretext whatsoever, to prosecute or defend any case in the said city court of Fitzgerald. Judge and solicitor. SEC. 5. Be it further enacted, That for the purpose of creating a fund for the payment of the salary of the judge of said city court, it shall be the duty of said court to tax as a part of the cost, in all cases brought or tried in said court, whether civil or criminal, the same fees that are now by law for similar services to clerks of the superior courts of this State, and in addition there shall be taxed, as a part of the cost of every case, so brought or charged in said court, the further sum of two dollars ($2.00), except that in civil cases where the principal sum claimed does not exceed one hundred ($100.00) dollars, no more cost shall be taxed than are now allowed by law to justices of the peace in similar cases. All clerk or judge costs in any case brought or tried in the said city court, whether civil or criminal, shall, when collected, be paid over by the solicitor of said court to the treasurer of the city of Fitzgerald, and it shall be the duty of the solicitor of said court to take the receipt of the city treasurer for all moneys paid by him to said treasurer and to file said receipt with the judge of said court. If the amount of costs so collected, as above provided, and paid over to the city treasurer shall be more than sufficient to pay the salary of the judge, the balance remaining in the treasury at the end of the year shall be certified by the said city treasurer to the judge of said city court, who shall thereupon issue an order directing that said amount shall be transferred to the fund of the city treasurer of Fitzgerald. Court costs. SEC. 6. Be it further enacted, That the judge of the city court of Fitzgerald shall be an attorney at law of good standing and of at least two years' practice in the State of Georgia. He shall be at least twenty-five years of age, and he must, at the time of his appointment, have been a resident of Fitzgerald, Georgia, for a period of not less than two years. He shall, before entering upon the discharge of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to person, and do equal justice to the poor and rich, and

Page 225

that I will faithfully discharge and perform all the duties which may be required of me as judge of the city court of Fitzgerald, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States, so help me God. Which oath shall at once be filed in the Executive Department of the State. Qualifications and oath of judge. SEC. 7. Be it further enacted, That there shall be a solicitor of said court, as above stated, whose duty it shall be to represent the State in all cases therein, and generally perform in said court the duties usually performed by the solicitors-general of the several judicial circuits of the State so far as they are applicable. In case such solicitor can not at any time attend to the duties of his office, the judge of this court shall appoint some competent attorney to act as solicitor pro tem, who shall receive the fees and emoluments that would otherwise accrue to the solicitor of this court. The office of solicitor of said court shall be filled by appointment, and for the same term as for the judge of said court, as will hereinafter be provided, except the naming in this bill of the said Alex. J. McDonald for one year's service in said city court. Solicitor. SEC. 8. Be it further enacted, That said solicitor must be at least twenty-five years of age, with at least two years practice as an attorney at law, and, at the time of his appointment, a resident of Fitzgerald, Georgia, and before entering upon the discharge of his duties, he shall take and subscribe the following oath, to wit: I do solemnly swear that I will support and maintain the Constitution of the United States and the Constitution and laws of the State of Georgia, and that I will faithfully and impartially, without fear, favor or affection, discharge my duties as solicitor of the city court of Fitzgerald, so help me God, which oath shall be filed in said court and recorded in its minutes. Qualifications and oath of Solicitor. SEC. 9. Be it further enacted, That for his services in said court the fees of the solicitor shall be as follows: For every case finally disposed of in said court, founded upon accusations, ten ($10.00) dollars; for every indictment or special presentment, finally disposed of in said court, ten ($10.00) dollars; for every case for a violation of the gambling laws of the State, fifty ($50.00) dollars; for every case of violation of the liquor laws of the State of Georgia, twenty-five dollars, and for all services for which this section does not provide, he shall receive the same fees as are allowed by law to solicitors-general for similar services in the superior court. The foregoing fees are to be paid out of

Page 226

the fund arising from fines and forfeitures in said court, as hereinafter provided. Fees of solicitor SEC. 10. Be it further enacted, That the judge of said court shall be ex officio the clerk thereof, but he may, by order on the minutes appoint a clerk who shall hold office at the pleasure of said judge, and who shall be paid out of the judge's compensation on terms agreed upon by them, and such clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said court, and he shall also at the same time give bond and security in the sum of five hundred dollars, approved by the judge of this court, for the faithful discharge of the duties of his office, as is done by the clerks of the superior courts of this State. Wherever the word clerk is used in this Act, it shall apply to and mean either the ex officio clerk or the judge, if the judge has appointed no clerk. Clerk. SEC. 11. Be it further enacted, That the clerk of said court shall issue subp[oelig]nas, issue and attach processes to petitions, issue executions on judgments and foreclosures of mortgages and other liens, the same bearing test in the name of the said judge and returnable, as if issued by him, and the clerk may also administer oaths, attest affidavits, and shall record the writs and proceedings of the court, and keep the records thereof, and perform all other duties and have all the powers required and conferred by law on the clerks of the superior courts of this State, so far as applicable. His compensation shall be as above stated; and if no clerk is appointed, the judge as ex officio clerk shall perform all of said duties and have all of said powers. Duties and compensation of clerk. SEC. 12. Be it further enacted, That the sheriff of Irwin superior court shall be ex officio sheriff of the city court of Fitzgerald; provided, however, that said sheriff shall reside at Fitzgerald, Georgia, and said sheriff, before entering upon the duties of his office, must take and subscribe an oath that he will faithfully perform the duties thereof. Said sheriff shall continue to act as sheriff of said court in the event that the proposed new county of Northern is created at this session of the General Assembly. Sheriff. SEC. 13. Be it further enacted, That said sheriff shall attend upon said court, and serve its writs, processes and the orders and other legal papers of said court and the judge thereof; and shall serve summons of garnishment, returnable to said court, and execute and levy attachments returnable thereto, and levy executions issued therefrom; summon juries and shall make arrests and execute warrants, civil and criminal, and generally perform all

Page 227

the other duties enforced by law upon the sheriffs of the various counties of this State, so far as the same may be applicable to this court, and for these purposes the sheriff of said court is hereby authorized and empowered to serve papers, execute writs, levy fi. fa. attachments, processes, etc., make arrests and execute warrants, and perform any of the acts and duties above required of him, not only in the territory over which said court has jurisdiction, but in and over the entire territory of the said county of Irwin, in and over which he shall have power and authority and be entitled to full recognition as an officer as aforesaid, when performing the duties and functions above mentioned. Duties of sheriff. SEC. 14. Be it further enacted, That the compensation of said sheriff shall be made up entirely of fees, which he is hereby authorized to charge and collect and have taxed as cost, and to have judgment and execution to issue instanter thereof, the same being as follows, to wit: For serving copy of a process and returning original, per copy, one dollar; for summoning each witness, thirty (30c) cents for attending court; for each judgment rendered by the court, whether with or without jury, fifty (50c) cents; for each levy on fi. fa. or attachment or distress warrant, one dollar ($1.00); for search and return of nulla bond, fifty (50c) cents; for serving each summons of garnishment or rule against garnishee, fifty (50c) cents; for summoning jury to try case of nuisance, two dollars and fifty cents ($2.50); for settling each execution in his hands, settled without sale, one dollar; for taking each bond in civil cases, fifty cents; for taking each bond in criminal cases, one dollar; for executing process against tenant holding over or intruding upon land, to dispossess him, one dollar and seventy-five cents; for taking and returning counter affidavits in process to dispossess tenants or intruder is resisted, one dollar; for keeping a horse or mule per day, fifty cents; for serving, executing and returning a search or other warrant in criminal cases, two dollars ($2.00); for executing a search warrant, one dollar ($1.00); commissions on sales same as county sheriffs, and for each and every other service required of him by law and the duties of his office, the sheriff shall receive the same fees as are required by law to the sheriffs of the various counties of the State of Georgia for similar services in the superior court, and for services rendered when no compensation is provided by law, they shall receive such compensation as the judge of the city court shall in his sound discretion allow; except that such sheriff shall not receive directly

Page 228

any per diem fee for attendance on courts and elections or fee for service in summoning regular impaneled jurors. Fees of sheriff. SEC. 15. Be it further enacted, That all the officers, general and special, of said court shall be amenable to the same processes and penalties as are the officers of the superior courts of this State, and they shall be entitled to the same rights and authority, and also to the same remedies to enforce the collection of their costs in said city courts, as the officers of the superior courts, and the judge of said city court is empowered to exercise the same authority over the clerk and sheriff and their duputies and the other officers of said court as is exercised by the judges of the superior courts over the clerks and other officers of said courts and the sheriffs of the various counties of the State. Officers. SEC. 16. Be it further enacted, That the sheriff of said court by and with the consent of the judge may, as occasion may demand, appoint one or more deputies for whose acts the sheriff and his bondsmen shall be liable, and who shall have all the rights and powers and authority of the sheriff, and whose compensation shall be paid by the sheriff out of his fees; and likewise the judge may, as occasion may require, appoint, during his pleasure, by order entered on the minutes of the court, a special bailiff of said court, who shall take the same oath administred to constables of the State, and who shall have the same authority to serve writs and processes, summons, orders, civil and criminal warrants, attachments and garnishments, and other legal papers of said court and of the judge thereof, over the territory of said court and entire county of Irwin, as constables have in their several districts, and shall have for said territory all the rights of a constable and be liable to perform all the duties of a constable. The compensation of said bailiff may be such as the judge may fix to be paid out of the fines and forfeitures of said court as he may direct. Deputy sheriffs and bailiffs. SEC. 17. Be it further enacted, That said city court shall be a court of records and shall have a seal, and the minutes, records, dockets and other books that are required by law to be kept by the superior courts of this State shall be kept in and for said city court in the same manner, except as hereinafter provided; and the clerk of said court shall record all the final orders and judgments of said court, but shall not be required to record any other records of said court unless requested to do so by one of the parties in a suit in said court. The party requesting such additional record to pay the cost thereof at the rate of fifteen cents per hundred words for making such record. The amount of fees paid for making such additional record to be retained by the clerk or

Page 229

ex officio clerk as compensation for such services in addition to the salary provided in section 4, as the compensation for the judge. Court of record. SEC. 18. Be it further enacted, That the terms of said city court shall be held monthly for the trial and disposition of civil and criminal business, either or both; such terms to be held on the fourth Monday in each calendar month. The sessions of said court shall be held in a court-room in the city of Fitzgerald, to be provided by the mayor and council thereof, and they are hereby required to do so; the judge shall draw juries for the different kinds of court whenever the business of the court, civil or criminal, requires it. And he may, in his discretion, hold adjourned or special terms of court whenever the business so demands, for which he may likewise require the attendance of juries should he see fit. He may hold his court at other times than the regular terms for the transaction of criminal business which does not demand a jury, and it shall be his duty to try and dispose of this class of business as speedily as possible, consistent with the interest of the State and the accused, and for this purpose said court shall always be open, and without regard to terms. The judge shall have power to hold said court in session from day to day and adjourn from time to time as may be required by the business of the court. Terms of court. SEC. 19. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as herein otherwise provided, but the process of writs shall be annexed by the clerk or ex officio clerk of said city court, and be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Fitzgerald or his deputies of said court. Proceedings. SEC. 20. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil causes of which the said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any case shall be entitled to a trial by jury in said court by entering a demand therefor by himself or by his attorney, in writing, on or before the call of the appearance docket at the term of said court to which the case is returnable, and in all cases where such party is entitled to trial by jury under the Constitution and laws of this State. Trials. SEC. 21. Be it further enacted, That all judgemnts obtained in said court shall be a lien on all the property belonging to the defendant or defendants throughout the State, in the same manner

Page 230

as the judgments of the superior courts are, and all executions from said court shall be tested in the name of the judge and signed by the clerk or ex officio clerk, and directed by the sheriff or his deputies of said city court of Fitzgerald, and to all and singular the sheriffs and their deputies of the State of Georgia. Lien of judgments SEC. 22. Be it further enacted, That the said city court shall have jurisdiction of claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior courts. Claim to personalty SEC. 23. Be it further enacted, That claims on realty levied under execution or other process from said court shall be returnable to the superior court of the county where such realty is situated, and shall proceed as other claims in the superior court. Claims to realty. SEC. 24. Be it further enacted, That all laws upon the subjects of attachments and garnishments as to any matter whatever in the superior courts of this State shall apply to said city courts as if named with superior court, so far as the nature of the city court will admit. Attachments in said court, or returnable to said court, shall be directed to the sheriff, his deputies of the city court of Fitzgerald, and to all and singular the sheriffs and constables of this State and the judge of said city court may, or any justice of the peace, or notary public, may issue attachments returnable to said city court, under the same laws that govern the issuance of attachments returnable to the superior courts. Attachments and garnishments. SEC. 25. Be it further enacted, That garnishment proceedings in said court shall be conformable to the laws of the State on that subject in the superior courts; provided, that the garnishee shall reside in the county of Irwin, but where garnishee shall reside in any other county, then he shall be summoned and served and shall make his return and all other proceedings shall be had in the manner pointed out in the general law of the State for non-resident garnishees; with this proviso, however, that the summons must be returnable to the superior court of the county of the residence of such garnishee and further proceedings be had in said superior court. Garnishments. SEC. 26. Be it further enacted, That scire facias to make parties in any case in said city court shall be had as in the superior court, but such scire facias shall run throughout the State; may be served by any sheriff or his deputy. Parties. SEC. 27. Be it further enacted by the authority aforesaid, That the judge of the city court of Fitzgerald shall have authority to

Page 231

issue criminal warrants to dispossess tenants holding over, and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, and to make affidavits anywhere in said State; and the judge, solicitor, clerk, and sheriff and his deputy shall have power to administer all oaths and to do all other official acts pertaining to their office respectively, as such officers of the superior courts may in like cases do. Said judge shall have power to issue writs of habeas corpus and hear and determine the same, as the judge of the superior courts may do. To cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally do all acts which the judge of the superior courts of this State are authorized and required to do, unless otherwise provided in this Act. And the said judge of the city court of Fitzgerald shall have all power and authority throughout his jurisdiction of judges of the superior courts, except where by law the exclusive power and authority is vested in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judges of the said city court so far as the same may be applicable, except as herein provided, and for performing any of the Acts and duties above enumerated, said judge shall be entitled to charge and collect and have judgment and execution for the same fees as are allowed by law to justices of the peace, or other officers of the State performing similar acts or duties, said fees to be turned into the city treasury of Fitzgerald, Georgia. Powers and duties of judges and officers. SEC. 28. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, making parties, examination of parties to suits or witness by interrogatories or under subp[oelig]na, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said city courts, shall be applicable to said city court unless otherwise herein provided. Practice. SEC. 29. Be it further enacted, That all judgments and proceedings of said city court shall have the same dignity and binding effect as judgments and proceedings of the superior courts of this State, and that all laws regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said city court and shall be enforced by execution, issued and signed by the clerk or ex officio clerk of said city court and bear test in the name of the judge thereof, and shall be directed by the sheriff of said city court and his deputies, and to all and singular

Page 232

the sheriffs and deputies of this State, and may be levied and sales made thereunder according to the laws governing sales under execution from the superior court, except that sales of personal property levied upon by the sheriff of said city court under attachment, execution or other process issuing from said city court shall be advertised once a week for four weeks as provided by law, in the Fitzgerald Enterprise, and shall be made before the door of the building in which the city court shall be held, under the usual rules of sheriffs' sales, but in case said sheriff of said city court shall levy on real estate, he shall proceed to advertise and sell the same as provided by the general law of this State, and special sales of perishable property or property liable to deteriorate or expensive to keep may be made by the sheriff of said city court under order of the judge thereof, which he is hereby authorized to make upon proper showing under the usual rules and regulations governing said sales, as provided in the Code of the State, except that the sales shall occur before the door of the building in which the city court is held as above provided. All executions, attachments, scire facias, or other processes or writs from said court shall run throughout the State and may be served or executed by any sheriff or his deputy in the manner as like writs or processes from the superior courts. Judgments. SEC. 30. Be it further enacted, That the judge of said city court shall have power to enforce his orders to punish for contempt to enforce his judgments under the same rules and laws as judges of the superior courts. Contempt. SEC. 31. Be it further enacted, That all persons residing within the territorial jursidiction of the said city court and eligible to serve as grand or petit jurors in the superior court of said county, shall be eligible to serve in the said city court, and it shall be the duty of the clerk of the said city court to copy into a book a list of all the names of persons residing in said district liable to jury duty under the laws of the State of Georgia, and to make a new list at least once every two years, which said book, containing the names of persons so liable to serve as jurors in said city court, as above directed, shall be alphabetically arranged and shall be kept in the office of the clerk of said city court. The said clerk shall also make out tickets equal in number to the number of names in said list, and write upon each the name of one of said persons, and deposit the same in a box to be provided and numbered 1, until there shall be a ticket in said box bearing the name of each person in said list. Jurors. SEC. 32. Be it further enacted, That when the judge shall

Page 233

find it necessary to summon a jury for any term of said court, he shall, during the preceding term in open court, draw from said box numbered 1 twelve names of persons to serve as jurors at the next term of said city court, and shall cause the clerk to record said names so drawn, and then cause them to be placed in another box to be provided as above stated numbered 2. The boxes shall be so constructed as to be kept under one seal and lock, shall be kept sealed, and shall not be opened by any person except the judge of said city court, for the purpose of drawing juries in open court, except in cases where from failure to draw a jury at a term time, or from any other cause, it may be necessary to draw a jury in vacation, and when jury box numbered 1 is exhausted, the tickets and names in box numbered 2 shall be placed in box numbered 1, and the same process shall be gone over again and again, etc. Should it become necessary to draw a jury in vacation the judge of said city court may at any time, fifteen days before the next term of the said city court, proceed to draw juries in the same manner as above prescribed, in the presence of the clerk and sheriff of said city court. The clerk shall keep said jury boxes and the sheriff of said city court shall keep the key. Jurors. SEC. 33. Be it further enacted, That the clerk shall make out a list containing the names of the persons drawn as above directed, and a summons for each juror, and deliver the same to the sheriff of said court fifteen days before the next term of the said city court, who shall serve each of said persons by handing him a summons personally, or leaving the same at his most notorious place of abode, at least ten days before the next term of city court at which he is required to attend. Jury lists. SEC. 34. Be it further enacted, That twelve jurors shall be drawn, summoned, sworn and impaneled, and if by reason of non-attendance or disqualification of any of said regular panel, the same is not full, the judge of said court shall direct the same to be filled by tales jurors in the same manner as is done in the superior court, and jurors thus impaneled and sworn in shall receive as compensation the sum of two dollars for every day of actual attendance. In civil cases each side shall strike three from the panel twelve, and in criminal cases the defendant shall be entitled to four strikes and the State two from said panel. In all other respects the laws regulating the qualifications, relations, exemptions, impaneling, challenging and finding of jurors that may now or hereafter be of force in the superior court of said county shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Juries.

Page 234

SEC. 35. Be it further enacted, That the defendants in criminal cases in said city courts in Fitzgerald may be tried on a written accusation, setting forth plainly the offense charged, founded on affidavit, and said accusation shall be signed by the prosecuting officer of said court, and the defendant in any criminal case shall not be entitled to indictment or presentment by the grand jury, except in cases otherwise provided by general statute, but may be tried on written accusation as aforesaid. Accusation. SEC. 36. Be it further enacted by the authority aforesaid, That when any criminal case in said city court is called for trial, and before the arraignment of the defendant, the judge shall inquire of the defendant whether he demands a jury, and the response of the defendant shall be entered upon said indictment and signed by the prosecuting officer of said city court. If the defendant demands a trial by jury and the court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on defendant's failure to give bond, shall commit him to jail to await his trial at a regular term. If the defendant waives trial by jury, then the judge of said court shall proceed to hear and determine such criminal case without a jury; provided, always, that a resonable time may be granted the State or the defendant to procure witnesses. If at any time in the trial of any criminal case it develops that offense being tried is a felony the judge shall suspend the trial and bond the defendant over to the superior court, and in such event the defendant shall have no right to plead former jeopardy. Trials in criminal cases. SEC. 37. Be it further enacted, That it shall be the duty of the judge of the superior court to send down to the said city court for trial from the superior court of Irwin county all presentments and bills of indictment for misdemeanors committed within the territorial limits of said city court. The order transmitting such cases to be entered on the minutes of both said courts, and similarly with the judge of the county court of Irwin county. As to all accusations or presentments now or hereafter pending in said county court, it shall be the duty of the judge and solicitor of the city court of Fitzgerald, immediately upon qualifying under the provisions of this Act, to prepare a notice to the judge of the county court of Irwin county, and the clerk of Irwin superior court, stating that the city court of Fitzgerald is organized and requesting the transfer of cases as provided in this section, which notice shall be served by the sheriff or his deputy. Transfer of misdemeanor cases. SEC. 38. Be it further enacted, That it shall be the duty of all

Page 235

the justices of the peace and notaries public of Irwin county to bond over to said city court all persons charged with the offenses committed within the territorial limits of said city court over which said city court has jurisdiction to answer for said offenses. Appearance bonds. SEC. 39. Be it further enacted, That whenver the judge of said city court is disqualified from presiding, then upon consent of the parties, or upon the failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court; and in case of absence of the judge of said superior 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; provided, however, that the judge of the city court of Fitzgerald may arrange with the judge of any other city court in this State to preside for him in all disqualified cases, and said judge is authorized to preside upon the trial of any case in any of the city courts of this State, when requested to do so by the judge thereof. Judge, pro hac vice. SEC. 40. Be it further enacted, That all petitions shall be filed in the clerk's office of said city court at least twenty years before the term of the court to which they are returnable, and if not filed within twenty days, they shall be made returnable to the next term thereafter. The service of process shall be at least fifteen days before the return term. All suits shall stand for trial at the second term as in the superior court, the first term being the appearance of return term; provided, however, that in all suits where the amount of the principal claimed does not exceed one hundred dollars, the said suits shall stand for trial at the first term, unless continued for good cause shown, and provided further, that all such suits shall be filed fifteen days before the term of court to which they are returnable, and served ten days before such term; and provided further, that judgment shall be entered at the first term in all undefended suits and all suits where a defense under oath is not filed at the first term, and in all suits where a plea is filed and stricken. All laws and rules that are now or may be hereafter in force in the superior courts of the State, in regard to appearance and pleading, calling the appearance docket, defaults and opening of defaults, services, motions, waivers, acknowledgments, pleadings, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, demurrers, amendments, pleas, procedure and

Page 236

practice, legal remedies, the production of books, papers, etc., and the evidence shall obtain in said court, except as otherwise provided in this Act. Proceedings and practice. SEC. 41. Be it further enacted, That where said city court shall have jurisdiction of suits against one or more obligors, joint promissors, joint trespassers, joint tort feasors or copartners, or against the maker or makers of a promissory note or other instrument, and the other joint obligors, joint promissors, joint trespassers, joint tort-feasors, or copartners, or other indorsers of promissory notes shall reside outside the territorial limits of the city court of Fitzgerald, and within the county of Irwin, or any other county or counties of this State, suit may be brought in said court of Fitzgerald by the same action, against all the said joint obligors, joint promissors, joint tort feasors or copartners, and against the makers or endorsers of promissory notes, and in such cases where the other defendant or defendants reside in the said county of Irwin, outside the territorial limits of said city court, the sheriff of said city court may make service upon him or them, in the usual way, just as if he lived within said limits, and where the defendant or defendants reside in another county or counties of the State, then a second original or originals and copies thereof shall be made, and forwarded to the sheriff of such other county or counties, respectively, to be served and returned with proper entries, etc., as is done in like cases in the superior courts of this State. Joint obligors and promissors. SEC. 42. Be it further enacted, That in every civil and criminal case in said city court, where a jury is demanded or required, a jury fee of six dollars shall be taxed as cost, and when paid a separate account thereof shall be kept, out of which the juries of said court shall be paid, and said fees shall participate in the fines, forfeitures, etc., of said court, and if there is a deficit in the jury fees, or in the incidental expenses, the mayor and council of the city of Fitzgerald are authorized in their discretion to supply the same from the city taxes. Jury fees. SEC. 43. Be it further enacted, That the judge and sheriff of said city court are hereby authorized to use the jail of the city of Fitzgerald or the county jail of the county of Irwin, either or both, as they see proper, for the purposes of said court, either for the detention of the accused before trial, or for imprisonment after trial and conviction, and if the county jail is thus brought into use the expenses shall be paid by the city of Fitzgerald, as in cases of conviction from the county or superior courts. Jail. SEC. 44. Be it further enacted, That the judge of said city

Page 237

court of Fitzgerald is hereby authorized to turn over to the city of Fitzgerald, to be worked by its chain-gang on the streets, roads and public works thereof, all the convicts of said city court, or should said city of Fitzgerald not desire to use them, said judge is hereby authorized to turn them over to the proper authorities of the county of Irwin, to be, by them, treated and used as are the other misdemeanor convicts from the county and superior courts, and the authorities of said county are hereby directed and required to receive such convicts when thus tendered them; provided, said convicts are able-bodied men and women. Chaingang SEC. 45. Be it further enacted, That the clerk of said city court shall keep two lists, one of the criminal cases transferred from the superior court, and the other of criminal cases originating in said city court, which list shall show the name of the defendants, and the disposition of each case. The amount of cost to which each officer is entitled and the amount of fine and the amount of same paid to each officer, and at the same time or times above stated he shall make a report to the judge, and if the lists are found correct the judge shall approve said lists, and if incorrect the judge shall correct and approve them. When said lists have been approved, they shall be recorded on the minutes of said court. Transferred cases. SEC. 46. Be it further enacted, That any civil cases pending at any time in the superior or county courts of said county over which said city court would have jurisdiction, had it been brought in said city court, may, by consent of all parties or their counsel, upon payment of all costs, be transferred at any time to said city court for trial or disposition therein, in the same manner as if it had been in the first instance brought in said city court. And in like manner any civil case pending in said city court may by consent of parties and their counsel be transferred to the superior court of said county for trial and disposition, as if originally brought in said superiro court, and it is hereby made the duty of the clerk of Irwin superior court, or the judge of the county court, whenever such agreement of counsel in any case is filed in their respective courts to forthwith transmit to the judge of said city court of Fitzgerald all pleadings, orders, and other papers filed in their court at such time, together with a certified copy of all the entries of the judge on his docket, and the judge of the city court of Fitzgerald shall cause said certified copy of docket entries to be entered on the docket of the city court, followed by a memorandum in the hands of the judge or his clerk, that such entries or certified copies of the entries on the docket

Page 238

of the judge of the county or superior court and thereafter, such transferred case or cases shall proceed as though filed in the city court in the first instance; when the costs are collected in said cases there shall be paid to the judge of the county court two dollars for each monthly term case, and four dollars for each quarterly term suit; and to the clerk of the superior court the clerk's fees already accrued in such case at the time it was transferred, the clerk shall, in transferring any case to the city court, attach to the papers in the cae an itemized statement of his fees, and shall attach thereto the following certificate: Civil cases transferred. GEORGIA, IRWIN COUNTY. I,..... clerk of the Irwin superior court, do hereby certify that the foregoing is a true and correct statement of my fees, now accrued and unpaid in the above stated case, now about to be transferred to the city court of Fitzgerald. Witness my official signature, this..... day of....., 190..... .....Clerk. SEC. 47. Be it further enacted, That from said city court of Fitzgerald there shall be no appeal, but all errors committed by the said city court or the judge thereof in judgments and rulings or otherwise in the handling of cases, or in other matters in said court, or before said judge, may be corrected by writ of certiorari, returnable to the superior court of Irwin county, such certiorari to be issued, heard and determined like certiorari from justice and other inferior courts as now or may be hereafter prescribed by law. Said certioraris may be heard by the judge of the superior court of said county, either in term time or vacation. If said certioraris are heard in vacation, the hearing may be held at the place where the city court of Fitzgerald is held, or at any other place that the court or judge may order. Certiorari. SEC. 48. Be it further enacted, That the judge of said city court may hold special terms of said city court at any time agreed upon by counsel for the trial of any case, civil or criminal, in which there is no demand for a jury, and upon consent of counsel for both parties entered upon the minutes of the court. Such trial may be had at the office of the judge, or of either counsel, or at any other place which may be agreed upon within the territorial jurisdiction of said court. The city council of the city of Fitzgerald shall provide a suitable place for holding regular terms of said court large enough to enable the courts to transact its business in an expeditious manner, and it shall be the duty of the city council to supply a janitor to care for said court-room and

Page 239

keep it in proper order at all times for the transaction of the business of the court. Special terms; court-room. SEC. 49. Be it further enacted, That the judge of said city court shall place before the grand jury of Irwin county at each regular session thereof the minutes, records and dockets of said city court for its inspection, and shall compile a correct statement of all criminal matters showing the final disposition of each case. The amount and disposition of the fines and forfeitures collected, amount and disposition of costs collected, and failure to comply with any of the requirements of this section shall subject said judge to be summarily removed from office by the Governor, upon the recommendation of the grand jury of Irwin county. Reports to grand juries. SEC. 50. Be it further enacted, That immediately after his appointment and qualifying as provided in this Act, the judge of said city court shall procure the records necessary for said court as provided herein, and shall present, or cause to be presented, to the commissioners of roads and revenues of Irwin county a bill for the cost of such records, and it shall be the duty of said commissioners at the first regular meeting that such bill is presented, approved by the judge, to issue a warrant on the treasurer of Irwin county for the amount of said bill, payable to the person, firm or corporation furnishing said record. Records, payment for. SEC. 51. Be it further enacted, That it shall be the duty of the commissioners of roads and revenues of Irwin county to pay the expenses of arresting and bringing into the county and detaining, as provided by law, fugitives from justice who have escaped beyond the limits of Irwin county, and all costs incurred in carrying out the provisions of this section shall be borne by the city of Fitzgerald. Arrest of fugitives. SEC. 52. Be it further enacted, That the judge and solicitor at said city court shall, before entering upon the discharge at the duties of their respective offices, each give a bond in the sum of one thousand ($1,000) dollars, payable to the Governor of the State, said bond to be filed with and approved by the ordinary of Irwin county. The sheriff of said county and ex officio sheriff of said court shall qualify by taking the oath prescribed for sheriffs of the superior courts of this State, and give a bond in the sum of one thousand dollars ($1,000); said bond shall be filed with the Governor when approved by the ordinary of Irwin county. Judge and solicitor, bonds of. SEC. 53. Be it further enacted, That it shall be the duty of the judge of said city court, within ten days after the passage of this Act, and annually thereafter, to select from the list of qualified

Page 240

jurors on file in the office of the clerk of the superior court of Irwin county, the names of all jurors who reside in the fifteen hundred and thirty-seventh (1537) district of Georgia militia of said county, and enter them upon a book to be kept for that purpose, which jurors shall be competent and qualified to serve as jurors in said city court. Jurors. SEC. 54. 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 22, 1905. CITY COURT OF FLOYD COUNTY, ACT CREATING AMENDED. No. 379. An Act to amend an Act creating the city court of Floyd county, approved September 27, 1883, and the Acts amendatory thereof, approved, respectively, on October 24, 1887, and October 29, 1889, so as to provide for the same number of jurors, with the same compensation, and the same system of drawing, impaneling, striking juries, as is now provided for the superior court; to change the practice in said court by making all cases triable at the second term, and authorizing judgments to be entered on all suits based on liquidated demands, at the first term, but not until thirty days after the opening of the term, and not until entry of default on call of the appearance docket; to increase the qualification and compensation of the judge of said court, and to disqualify him from practicing law; to provide for the appointment of an official stenographer for said court; to make all misdemeanors, except special misdemeanors, which can be tried only upon indictment by the grand jury, triable in said court upon accusation, without indictment; to make bill of exceptions to the Supreme Court the only manner of correcting errors in said court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That there shall be a judge of said city court, who shall be elected by the voters of said county. Said judge shall be elected at the election held for Governor, State house officers and members of the Legislature on October 3, 1906. All

Page 241

persons shall be qualified to vote for said judge of the city court who are qualified to vote for members of the Legislature. Said judge shall be elected for the term of four years from the expiration of the term of the present judge of the city court. Should a vacancy occur before the expiration of his term of office by resignation or death, the Governor shall appoint his successor until the next election thereafter for members of the Legislature, when an election shall be held for the unexpired term of said judge. The judge of the city court shall receive a salary of twelve hundred dollars per annum, beginning with the passage of this Act, which said salary shall be paid quarterly by the treasurer of Floyd county. City Court of Floyd county, election of judge. SEC. 2. Be it further enacted, That section xiii of an Act entitled an Act to establish a city court in the county of Floyd, approved September 27, 1883, be amended by striking all the words in said section from the first word thereof down to and including the word cases in the twelfth line thereof, and adding in lieu thereof the following words: That all criminal trials in said court shall be by the judge without a jury, except when the accused shall, in writing, demand trial by jury, as provided by this Act for the trial of civil cases. No person charged with an offense within the jurisdiction of said court shall have the right to demand indictment by the grand jury of Floyd county before trial, except in cases especially provided by law for investigation by grand jury as a jurisdictional prerequisite. Also amend said section by striking therefrom the following words: When indictment is not demanded or has been waived, and by adding the word criminal between the words any and case in the twelfth line thereof, so that said section, when amended, shall read as follows, to wit: That all criminal trials in said court shall be by the judge, without a jury, except when the accused shall, in writing, demand a trial by jury, as provided by this Act for the trial of civil cases. No person charged with an offense within the jurisdiction of said city court shall have the right to demand indictment by the grand jury of Floyd county before trial, except in cases specially provided by law for investigation by a grand jury, as a jurisdictional prerequisite. If, upon the trial of any criminal case, the judge of said court shall be of opinion that the evidence produced makes a case of felony against the accused, it shall be the duty of said judge thereupon to suspend the trial, and to commit or bind over such accused person to the next superior court as in preliminary examinations. Trials in criminal cases. SEC. 3. Be it further enacted, That section xx of an Act to

Page 242

establish a city court in the county of Floyd, approved September 27, 1883, Acts 1882-3, page 535 et seq., be repealed, and that in lieu thereof the following be enacted, to wit: That the only manner of correcting errors in said court shall be by bills of exceptions to the Supreme Court, as provided in cases from the superior court, and no judgment, order, or sentence of said city court, or the judge thereof, shall be reviewed by writ of certiorari to the superior court. Writs of error. SEC. 4. 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 23, 1905. CITY COURT OF FORSYTH, ACT CREATING AMENDED. No. 550. An Act to amend an Act entitled an Act to establish the city court of Forsyth, in Monroe county; to define its jurisdiction and powers; to provide for the temporary appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and to provide for the election of the judge and clerk and solicitor of said court by the duly qualified voters of said county, and to provide for the manner, time and place of holding said election, approved December 16, 1897, in so far as the same relates to payment by the county commissioners of Monroe county for convicts from said court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 35 of the Act approved December 16, 1897, entitled an Act to establish the city court of Forsyth, in Monroe county; to define its jurisdiction and powers; to provide for the temporary appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and to provide for the election of the judge and clerk and solicitor of said court by the duly qualified voters of said county, and to provide for the manner, time and place of holding said election, be,

Page 243

and the same is, hereby amended by striking from said section the words: That all able-bodied male convicts from said city court who are taken charge of by the county commissioners and by them put to work on the public roads of said county, the said county commissioners shall pay into the county treasury $2.00 for each month for which the convict was sentenced, and inserting in lieu thereof the following: That for each able-bodied convict from said court who is taken charge of by the county commissioners and by them put to work on the public roads of said county, the said county commissioners shall pay into the county treasury a sum not to exceed five dollars for each month worked by such convict, so that said section as amended shall read as follows: Be it further enacted, That for each able-bodied convict from said city court who is taken charge of by the county commissioners and by them put to work on the public roads of said county, the said county commissioners shall pay into the county treasury a sum not to exceed five dollars for each month worked by convict; that for all other convicts placed on said roads they shall pay into the county treasury such sum as may seem to them reasonable and right. Said money shall be by the treasurer of the county paid to the proper officer on their insolvent lists, according to the priorities established by law. The clerk of said city court shall keep two lists, one of the criminal cases transferred from the superior court, and the other of criminal cases originating in said city court, which lists shall show the names of the defendants, the disposition of the cases, the amount of costs to which each officer is entitled, the amount of fine and the amount of same paid to each officer, and on the second Monday of each month he shall make a report to the judge, and if the lists are found correct and the money appropriated according to law, the judge shall approve said lists; if incorrect, he shall correct and approve them. When said lists have been approved they shall be recorded on the minutes of said court. In the event the present system of road working in said county is abolished, then the convicts from said city court shall be disposed of as is or may be provided by law. City Court of Forsyth Convicts, disposition of. SEC. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 244

CITY COURT OF GWINNETT COUNTY, ABOLISHED. No. 49. An Act to repeal an Act entitled an Act to establish the city court of Gwinnett county, in and for the county of Gwinnett, to define its jurisdiction and powers, to provide for the election of a judge and solicitor thereof, to define their powers and duties, and for other purposes, approved August 15, 1904, and to abolish the city court of Gwinnett county, Georgia, to provide for the disposition of all books, papers, records, dockets, minutes and all matters pending therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, an Act entitled an Act to establish the city court of Gwinnett county, in and for the county of Gwinnett, to define its jurisdiction and powers, to provide for the election of a judge and solicitor thereof, to define their powers and duties, and for other purposes, approved August 15, 1904, and found in the printed Act on pages 146, 147, 148, 149, 150, 151 and 152 thereof, be, and the same is, hereby repealed. City Court of Gwinnett county, abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all cases pending in said city court of Gwinnett county shall be transferred to the superior court of the county of Gwinnett to be disposed of as other cases therein. Cases transferred. SEC. 3. Be it further enacted by the authority aforesaid, That all mesne and final process from the city court of Gwinnett county which has not been executed shall be returnable to the superior court of said county of Gwinnett, and all claims, illegalities and other issues arising from the execution of such process shall be returnable as though such process had issued from the superior court of Gwinnett county. Processes, etc., how returnable SEC. 4. Be it further enacted by the authority aforesaid, That all mesne and final process from the city court of Gwinnett county not executed when this Act goes into effect may be executed by the officers having the authority to execute similar papers from the superior court of Gwinnett county. How executed. SEC. 5. Be it further enacted by the authority aforesaid, That all books, papers, records, dockets, and minutes of the city court of Gwinnett county shall be turned over to the clerk of the superior court of Gwinnett county. Records, etc.

Page 245

SEC. 6. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 2, 1905. CITY COURT OF HARTWELL, ACT CREATING AMENDED. No. 31. An Act to amend an Act entitled an Act to establish the city court of Hartwell, in the city of Hartwell, in and for the county of Hart, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers therefor, and to define their powers and duties, and to fix their compensation, to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes, approved August 15, 1904, so as to take away from defendants in criminal cases in said city court 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 authority of the same, That from and after the passage of this Act, section 3 of an Act to establish the city court of Hartwell in the city of Hartwell, in and for the county of Hart, etc., approved August 15, 1904, be, and the same is, hereby amended by striking out all of said section, after the word penitentiary, in the fifth line of said section, so that said section, when amended, shall read as follows: Sec. 3. Be it further enacted by the authority aforesaid, That said city court of Hartwell shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Hart, when the offender is not subjected to loss of life or confinement in the penitentiary. City Court of Hartwell. Jurisdiction in criminal cases. SEC. 2. Be it further enacted, That section 26 of said Act be, and the same is, hereby amended by striking out all of that portion of said section occurring after the word court, in the eighth line of said section, so that said section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court of Hartwell may be tried on written accusation, founded upon an

Page 246

affidavit, setting forth plainly the offense charged with the same particularity, both as to manner and 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, which accusation shall be signed by the prosecutor and prosecuting officer of said city court. Accusation. 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, 1905. CITY COURT OF JEFFERSON, ACT CREATING AMENDED. No. 607. An Act to amend 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 pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved July 16, 1903, so as to fix the salary of the judge at $800 per annum and the salary of the solicitor at $800 per annum, and to dispose of the fines, costs, fees and forfeitures arising from cases tried in said court, so far as the solicitor of said court is concerned, 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 judge of the city court of Jefferson shall receive a salary of $800 per annum, which salary shall be paid monthly by the Treasurer of county of Jackson, and that so much of the second section of the Act creating the city court of Jefferson, approved July 16, 1903, as provides that the judge of said court shall receive a salary of $600 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 Jefferson; salary of judge. SEC. 2. Be it enacted by the authority aforesaid, That the solicitor of said city court of Jefferson shall receive a salary of $800 per annum, which salary shall be paid monthly by the Treasurer

Page 247

of Jackson county out of any funds in the hands of said Treasurer, and that he shall receive no other compensation whatever, and that so much of section 4 of the Act creating said city court of Jefferson, approved July 16, 1903, as provides that the fees of said solicitor in said court shall be as follows: The solicitor shall receive $10 for each written accusation, except gambling cases, for which he shall receive $25, as costs on each written accusation, to be collected out of defendant upon conviction or plea of guilty, and for all other services the same fees that solicitors-general receive in superior courts, is hereby repealed and superseded by the provisions of this Act as to the amount and payment of said salary and fees or costs. Salary of solicitor. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be collected out of each defendant in each and every case upon conviction or plea of guilty in said court upon accusation, indictment or presentment, the same amount of costs and fees that are received by the solicitors-general of the superior court, and for all forfeitures and other services the same fees as are allowed solicitors-general of the superior court, and such fees and costs shall be collected by the clerk and sheriff of said city court, and shall be paid over to the Treasurer of Jackson county for county or city court purposes, and it shall be the duty of said clerk and sheriff to keep an itemized account showing the amounts turned over to the Treasurer of Jackson county, and the said Treasurer shall likewise keep an itemized account showing the amounts so received from said clerk and sheriff, it being the intention of this Act that all fees and costs or insolvent lists, etc., which has heretofore been due to and collectable by the solicitor of said court shall be collected by said clerk and sheriff and paid over to the Treasurer of Jackson county, which funds shall be paid out as any other funds in the hands of the Treasurer. Costs. 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 23, 1905.

Page 248

CITY COURT OF JEFFERSONVILLE, ESTABLISHED. No. 438. An Act to establish the city court of Jeffersonville, in and for the county of Twiggs, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Jeffersonville, to be located in the city of Jeffersonville, in the county of Twiggs, is hereby established and created with civil and criminal jurisdiction over the whole county of Twiggs, concurrent with the superior court, to try and dispose of all civil cases of whatsoever nature, except those of which the Constitution of Georgia 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 Twiggs; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now are, or may hereafter be, in use in the superior courts, either under the common law or by statute, including among others attachments and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosures of all liens and mortgages, and quo warrantos. City Court of Jeffersonvillejurisdiction. SEC. 2. Be it further enacted, That there shall be a judge of said city court, who shall be appointed by the Governor, under the rules now governing the appointment of such officers; such judge when so appointed shall hold office for four years. All vacancies shall be supplied in like manner, such appointee to hold office for the balance of the unexpired term. The judge of said city court shall receive a salary of six hundred dollars per annum, which shall not be diminished or increased during the term for which he has been appointed; and it shall be paid quarterly by the Treasurer of Twiggs county out of the general funds belonging to said county. And it shall be the duty of the commissioners of roads and revenues of said county or other proper officer to make provision for this purpose in levying the annual taxes. The judge shall receive for his services no other compensation, either in the

Page 249

way of costs in any case or otherwise, but the salary herein provided shall be the sole emolument of his office. Judge. SEC. 3. Be it further enacted, That no one shall be eligible to the office of said judge unless he be at the time of his appointment at least twenty-eight years old, a resident of Twiggs county at least four years immediately preceding his appointment, and must have practiced the profession of law at least five years continuously. He shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect of persons, and do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the city court of Jeffersonville, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and to the Constitution of the United States. This oath shall be witnessed by the officer authorized by the laws of this State to administer oaths, and shall be filed in the Executive Department of this State. Qualifications and oath of judge. SEC. 4. Be it further enacted, That the judge of said city court shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, to issue and dispose of distress warrants, and to do generally all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Said judge shall also have power to have testimony taken de bene esse, 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 to administer oaths pertaining to their respective offices, as the judge and other officers in the superior court may in like cases do; and said judge shall have power to attest deeds and other papers, and to administer affidavits in all cases anywhere in this State in which by existing laws such papers may be attested and affidavits administered by a justice of the peace of this State. And the judge of said city court shall have all of the power and authority throughout his jurisdiction of 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 same may be applicable, except as herein provided. Judge, powers and duties of. SEC. 5. Be it further enacted, That the judge of said city court may practice law in any of the courts of this State or of the United States, except in the city court of Jeffersonville and the

Page 250

Supreme Court in writs of error from the city court of Jeffersonville. The judge of said city court shall have authority to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as judges of the superior courts, unless otherwise provided by the general laws of this State. Authority of judge. SEC. 6. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the superior courts, except as otherwise provided by this Act. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior court shall apply to and govern the same in said city court, unless otherwise provided in this Act. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made within two days, and passed upon by the judge of said city court within ten days after the rendition of the judgment complained of, and not afterwards, unless, for good cause, further time may, by order, be granted in the discretion of the said judge of the said city court. In all other respects such motions must be governed by the ordinary rules aforesaid. Upon the new trial of a case, either party in a civil case, except when the principal amount is fifty dollars or less, as provided by section 19 of this Act, or the defendant in criminal case shall have the right to demand a jury trial, without regard to whether or not the preceding trial was without jury. New trials. Pleadings and practice. SEC. 7. Be it further enacted, That a writ of error direct from the said city court of Jeffersonville to the Supreme Court of this State shall be upon bills of exceptions filed under the same rules and regulations as govern and control the filing of exceptions and the issuing of writs of error in the superior courts of this State. Writ of error. SEC. 8. Be it further enacted, That in the absence of the judge of said city court, from indisposition or otherwise, from any term of said city court, it shall be the duty of the clerk or the sheriff to open and adjourn said court to such time as the judge may in writing direct. The judge of said city court may hold adjourned terms of said court when, in his discretion, the same is advisable, and the jurors summoned to the quarterly term immediately preceding such adjourned term shall serve at such adjourned term. Adjourned terms. SEC. 9. Be it further enacted, That the sessions of said city

Page 251

court of Jeffersonville shall be held in the courthouse of Twiggs county, in said city of Jeffersonville, or at some other place in said city, if at any time it should be necessary in the opinion of the judge of said city court. Court house. SEC. 10. Be it further enacted, That when the Judge of said city court is disqualified from presiding, the judge of the superior court may preside in his stead, and if the judge of the superior court cannot, from any cause, preside, then upon the consent of the parties said case shall be tried by some attorney agreed upon by the parties as a judge pro hac vice. And if the parties fail to agree, then a judge pro hac vice shall be selected in the same manner as now provided by law for such cases in the superior courts, or any judge of any city court in this State may preside in said city court of Jeffersonville, in any and all cases, whether the judge of the city court of Jeffersonville is disqualified or not. Judge, pro hac vice. SEC. 11. Be it further enacted, That there shall be a solicitor of the city court of Jeffersonville, who shall be appointed in the same manner as the judge of the city court of Jeffersonville, and who shall hold office for a term of four years. Vacancies shall be filled in the same manner as herein provided for the judge of the city court. In the case of the judge and of the solicitor, should a vacancy occur in either office, while the Senate is not in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at its next session thereafter. No person shall be eligible to the office of said solicitor unless he shall have arrived at the age of twenty-one years, shall have been a bona fide resident of Twiggs county for a term of at least six months immediately preceding his appointment, and shall be a practicing attorney at the time of his appointment. Said solicitor shall, before entering upon the duties of his office, give bond with good security in the sum of $500, conditioned upon the faithful discharge of the duties of his office, and shall, in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without favor, fear or affection, discharge my duties as the solicitor of the city court of Jeffersonville, so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of the city court of Jeffersonville, and together with the said oath shall be entered on the minutes of the court by the clerk, and may be sued on by any person interested. If for any reason said solicitor shall fail or be disqualified to act in any case, the court shall have power to appoint a solicitor pro tem. Solicitor. SEC. 12. Be it further enacted, That it shall be the duty of

Page 252

the solicitor of the city court of Jeffersonville 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 shall be a party, and shall perform therein such other duties as usually appertain to the office. The fees of the solicitor shall be as follows: For every case founded on accusation (not including reduced felonies) finally disposed of in the city court, ten dollars. For every case for the violation of the gambling laws of this State, twenty-five dollars. For reduced felonies, and for all other services not provided for in this Act, the same fees as are allowed the solicitors-general for like services in the superior courts. For representing the State in every case carried to the Supreme Court from said city court, fifteen dollars. Fees of solicitor. SEC. 13. Be it further enacted, That the solicitor of the said city court shall for his services in the Supreme Court be paid out of the treasury of the State of Georgia by warrant drawn by the Governor upon the certificate of the clerk of the Supreme Court as to the performances of said services, and upon the certificate of the clerk of the city court of the insolvency or the acquittal of the defendant. Fees in Supreme Court. SEC. 14. Be it further enacted, That the judge of the city court shall have the same power to appoint bailiffs at each term of the court that the judges of the superior court have, who shall be entitled to two dollars per day. Bailiffs. SEC. 15. Be it further enacted, That the clerk of the superior court of Twiggs county and the sheriff of Twiggs county shall be respectively ex officio clerk and sheriff of the city court of Jeffersonville, and in their official connection with said court they shall be known respectively as the clerk and sheriff of the city court of Jeffersonville. Said officers before entering upon their duties as officers of the city court of Jeffersonville, shall each take and subscribe an oath to faithfully perform the duties of this office, and shall each enter into a bond payable to the Governor and his successors in office in the sum of one thousand dollars, conditioned upon the faithful performance of their respective duties. These oaths and bonds shall be entered upon the minutes of said court by the clerk, and filed with the ordinary of Twiggs county. Clerk and sheriff. SEC. 16. Be it further enacted, That all the duties attached to the office of clerk of the superior court and of the sheriff of the county shall be attached to the office of clerk and sheriff of the city court of Jeffersonville, respectively. Duties of. SEC. 17. Be it further enacted, That the clerk and the sheriff of said city court of Jeffersonville shall receive in all civil business

Page 253

transacted in said court, in which the principal sum does not exceed fifty dollars, one half the fees which the clerk, respectively, of the superior court received. In all other cases, unless otherwise provided in this Act, they shall receive the same fees as they are allowed for similar services in the superior court. They shall be amenable to the same processes and penalties as they are now amenable to in the superior court, and shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees of. SEC. 18. Be it further enacted, That the fees of the clerk and sheriff in criminal cases shall be the same as now, or may hereafter be, allowed to the clerk of the superior court, and to the sheriff of the county; and for their attendance upon the regular terms of the city court they shall be paid the same fees as now allowed to clerks and sheriffs, respectively, for similar services upon the superior court; provided, neither shall receive pay for exceeding twenty days in a year, nor shall either be paid twice for the same service on account of his being an officer of both the superior and the city courts. Fees of SEC. 19. Be it further enacted, That in said city court the same rules of procedure, service, pleading and practice shall govern, as for the time being obtain in the superior court, except as otherwise provided in this Act, and whenever the rules of the superior court can not be made applicable on account of the difference in the constitution of said courts, then the city court judge may make and promulgate rules to govern such cases. Suits for not over one hundred dollars principal, and all issues and proceedings, when not over one hundred dollars in value is involved, shall be returnable to the monthly sessions of said court, and stand for trial at the first term by the judge without the intervention of a jury; provided, that any case where more than fifty dollars principal is involved, and an issuable defense is filed on oath, and a jury is demanded shall be transferred to the next quarterly term, and shall there stand for trail by a jury. Ordinary suits brought to said monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly terms to be filed twenty days and served fifteen days before the return term, and stand for trial at the first or second term, as similar causes would be tried in the superior courts, except as provided in section 42 of this Act. All judgments obtained in said city court shall be a lien on all property of the defendents

Page 254

throughout the State in the same manner as judgments of the superior courts are. All laws upon the subject of attachment and garnishment in the superior courts of this State shall apply to the said city court so far as the nature of the city court shall admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the laws governing the issuing of attachments in the superior courts; and all attachments returnable to the city court of Jeffersonville shall be directed to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the city court or his deputy, or by any sheriff or constable or other officer of said State authorized by law to levy attachments returnable to other courts. Garnishment proceedings in said court shall be conformable to the laws in the State on the subject in the superior court. Service, pleading and practice. 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 courts, except as herein provided; but the process to writs shall be annexed by the clerk of said city court shall be attested in the name of the judge thereof, and shall be directed to and served by the sheriff and his deputies of the city court of Jeffersonville. The general laws in this State as to the commencement of suits in the superior courts, set-offs, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories or under subp[oelig]na, including testimony de bene esse, witnesses and their attendance, continuances and other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court unless otherwise provided in this Act. It shall be competent to make additional parties in suits or proceedings in said city court, where it is necessary to determine the rights of interested persons without reference to who are the original parties or what the nature of the proceedings. Parties may make defense on all grounds, whether legal or equitable. Pleadings and practice. SEC. 21. Be it further enacted, That the terms of said city court shall be monthly and quarterly, the monthly terms to be held on the third Mondays of each month, and the quarterly terms to be held on the third Mondays in February, May, August and November; provided, that the city court judge may, from time to time, change the time of holding said court, such change to be advertised once in the newspaper where the sheriff's advertisements are published. The notice thus given must be published at least thirty days before said change is to take effect. Such terms are to be as nearly equidistant as convenience will admit

Page 255

The terms of such court shall last until the business is disposed of, and the judge may set cases for trial at a convenient time, and the same may then be tried as of term, whether court has been held from day to day until said time or not. Whenever the monthly term and the quarterly term fall upon the same day, as provided above, or as may in future be changed by the judge, both terms may be opened at once, and the judge can take up either docket at any time, except as to the appearance docket as provided in section 42 of this Act. Terms of court. SEC. 22. Be it further enacted, That all laws regulating the enforcement of judgments of the superior courts, both civil or criminal, shall apply to said city court. The judge of said city court shall have the same powers to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Judgments. SEC. 23. Be it further enacted, That the traverse jurors in the city court of Jeffersonville shall be procured in the following manner: The clerk of the superior court of Twiggs county, who shall be the ex officio clerk of the city court of Jeffersonville, or his deputy for said city court of Jeffersonville shall provide a city court jury box, similar to the jury box for traverse jurors in the superior court, and shall write upon separate sheets of paper, or cards, the names of each person upon the traverse jury list of the superior court, including the names of all those upon the grand jury list of the superior court, and shall place said names of all persons upon the jury lists of the superior court in the city court jury box, from which shall be drawn traverse jurors to serve in the city court of Jeffersonville. All laws with reference to the drawing, summoning and empaneling of traverse jurors in the superior court shall apply to the city court of Jeffersonville, except that the judge of the city court of Jeffersonville shall draw only twenty-four jurors out of the box to serve, which shall constitute two panels, and shall be numbered one and two. The sheriff of said city court shall receive ten dollars for summoning said jurors. The judge of the city court shall have the power to summon instanter as many jurors as may be necessary to complete the regular panels, or to try any case in said court whenever one or more panels shall be out on any case or cases and when another jury case is called and when both parties announce ready, or no legal showing for a continuance is made by either party. Jurors in the city court shall receive the same

Page 256

pay as jurors in the superior court, and are to be paid in the same manner and under the same regulations. Jurors. SEC. 24. Be it further enacted, That all laws with reference to the qualifications, empaneling, challenging and fining of jurors in the superior court shall apply to said city court, except when inconsistent with this Act. In all cases where issues are to be tried by jury, the parties shall be entitled to a full panel of twenty-four from which to strike. In all civil cases each party shall be entitled to six peremptory challenges, and in all criminal cases the defendant shall be entitled to seven and the State five peremptory challenges. All laws governing the selection of jurors in the superior court shall be applicable to the city court of Jeffersonville, except where they are inconsistent with this Act. During the session of each quarterly term of the city court the city court judge, or the judge then presiding therein, shall in open court draw from the jury box provided for that purpose twenty-four jurors, who shall constitute the jury for the next quarterly term thereof; provided, if for any cause whatever the jury is not drawn as aforesaid, the judge of said court may draw them at some other time. Juries. SEC. 25. Be it further enacted, That sales made under execution or other process from the quarterly terms shall be governed by the same rules as under superior court executions, and sales made under executions or other process from the monthly terms, including those originating in the monthly terms but appealed to a jury and tried in the quarterly terms, may be made after advertising the property ten days in three public places in said county of Twiggs, which must include the usual place before the court-house for posting notices. All other sales shall be made under rules prevailing and governing in the superior court. All executions issuing from said city court shall be attested in the name of the judge, signed by the clerk, or his lawful deputy, and shall be directed to the sheriff and his deputies of the city court of Jeffersonville. Sales under execution. SEC. 26. Be it further enacted, That the judge of said city court shall have the power and authority to hear and determine without a jury all civil causes of which said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled to trial by jury in said court upon entering a demand therefor, either by himself or by his attorney, in writing on or before the call of the docket at the term at which said cause is triable. This shall apply to all cases where either party is entitled to a trial by jury under the

Page 257

Constitution and laws of this State, except as provided in section 19 of this Act. In all claim cases and others where they are triable by law at the first term of the court, the parties on either side may demand a jury at the first term of said court; provided the case is one in which a jury trial is provided for by this Act. Trials. SEC. 27. Be it further enacted, That said city court shall have jurisdiction to try all claim cases where personal property is levied on under process from said court, and all issues made upon proceedings to forfeit bonds taken in cases in said court or transferred thereto, and to proceed to forfeit such bonds or recognizances as are given by persons charged with penal offenses, or by prosecutor to prosecute, or a witness to appear and testify, in the manner heretofore practiced in this State, whatever may be the amount of such bonds or recognizances, and rules nisi in cases of forfeiture, where the amount of the bond does not exceed one hundred dollars, shall be made returnable to, and shall be disposed of, at the next monthly term of said court, sitting at not less than fifteen days after the granting of said rule; provided, that said rule must be served at least ten days before the said term. Where the amount of the bond is more than one hundred dollars, the rule must be made returnable to and disposed of at the next quarterly term of the said court, sitting not less than twenty days from the granting of said rule, said rule to be served at least fifteen days before the said quarterly term. Claim cases, etc., SEC. 28. Be it further enacted, That scire facias to make parties and revive judgments may be had as in the superior court, but such scire facias shall run through the State, and may be served by any sheriff and his deputy. Parties. SEC. 29. Be it further enacted, That any writ or process of said court to be served in any county other than Twiggs shall be served by the same officers of the county of service as may serve the superior court process, and parties out of the State may be served as in the superior courts. Service. SEC. 30. Be it further enacted, That all suits against joint obligors, joint promissors, copartners, or joint trespassers, in which any one or more may reside in the county of Twiggs, may be brought in said city court within its jurisdiction, under the same rules and regulations governing such cases in the superior courts, mutatis mutandis as to copies, second originals, returns, and other matters connected with the suit. Joint obligors, etc. SEC. 31. Be it further enacted, That said city court shall be a court of record with a seal, and the minutes, stationery, books, records, dockets and files that are required to be kept in the superior

Page 258

courts shall be kept in and for said city court, and the judge of said city court is authorized to procure such, to be paid for by the treasurer of Twiggs county on the order of said city court judge. Court of record. SEC. 32. Be it further enacted, That all rules of the superior court relative to continuances, motions, pleas and practice shall be applicable to said city court, and shall obtain therein unless otherwise provided in this Act. Practice. SEC. 33. Be it further enacted, That when any realty is levied on under any process from said city court and claim is filed thereto, it shall be returned to the superior court of the county where the property lies for trial and determination, as other claims returned to the superior courts. Claims to realty. SEC. 34. Be it further enacted, That all laws now of force in this State, or that may hereafter be passed with reference to any matters over which the said city court has jurisdiction, shall apply to said city court as far as the nature of same will permit. Jurisdiction. SEC. 35. Be it further enacted, That all cases, both civil and criminal, now pending in the county court of Twiggs county shall be, and the same are, hereby transferred to said city court of Jeffersonville. All dockets, records, books and papers of the county court of Twiggs county shall be turned over to the clerk of the city court of Jeffersonville, to be used by and disposed of by the city court of Jeffersonville. The judge of the said city court and other officers thereof shall have power to issue and enforce in the name of the city court of Jeffersonville any and all process in any case from the county court of Twiggs county necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said county court of Twiggs county. All final and other process heretofore returnable to the county court of Twiggs county shall be returnable to the city court of Jeffersonville. All fi. fas. and final processes not satisfied, issued by the county court of Twiggs county, may be levied and enforced by the officers of the city court of Jeffersonville in the same manner as papers from the said city court. This transfer and disposition to include all cases, matters and processes, of whatever nature, originating in the county court of Twiggs county, and which are yet undisposed of and unfinished. Records, etc., in county court transferred. SEC. 36. Be it further enacted, That it shall be the duty of all committing courts in Twiggs county to bind over to said city court for trial, or to commit for trial by said city court, all persons committed or admitted to bail by them for misdemeanors, and all persons charged with such offenses in Twiggs county may

Page 259

be brought directly before the judge of said city court for trial, without any previous commitment trial. Whenever any person is committed to jail in Twiggs county for any offense within the jurisdiction of the city court of Jeffersonville, it shall be the duty of the jailer to communicate that fact to the judge of said court as soon as practicable, and it shall be the duty of the judge, on receiving such information in any manner, to grant as speedy a trial as the circumstances of the case will permit. Said city court shall be open at all times for the trial of criminal cases. Appearance bonds. SEC. 37. Be it further enacted, That all criminal cases in said city court, including cases transferred from the superior court of Twiggs county, shall be tried by the judge of said city court without a jury, unless a jury is demanded by the defendant. And before the defendant is arraigned, either on an indictment, presentment or accusation, the judge shall demand of the defendant or his attorney whether he demands a trial by jury, and the response of the defendant or his attorney as to whether or not he demands a jury trial shall be entered on the indictment, presentment or accusation by the prosecuting attorney of said court. If the defendant demands a trial by jury, and the court is not sitting at a regular term at which a jury is impaneled, the judge shall admit the defendant to bail to appear at the next quarterly term; or, on the defendant's failure to give bond, the judge shall commit him to jail for trial at the next quarterly term. If the defendant waives a jury trial, then the judge shall proceed to hear and determine such criminal cause without a jury; provided, always, that a reasonable time shall be granted the State or the defendant to procure witnesses. Trial of criminal cases SEC. 38. Be it further enacted, That the defendants in criminal cases in said city court may be tried on written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor, and signed by the solicitor of said city court, or by a solicitor pro tem. properly appointed. And in no criminal case within the jurisdiction of said city court shall the defendant have a right to demand an indictment by the grand jury of Twiggs county. All the proceedings after accusation shall conform to the rules governing like cases in the superior courts, except that there shall be no jury trial unless demanded by the accused as hereinbefore set out. In all cases tried, the accusation shall set forth the offense with the same particularity, both as to matter of form and of substance, as is now, or may hereafter be, allowed or required by the laws and rules of criminal pleadings to be observed in bills of indictment in the superior

Page 260

courts. If upon the trial of any case it shall appear to the judge from the evidence that a felony has been committed, he shall thereupon suspend the trial, and commit or bail over the defendant to the next superior court, as in preliminary investigations. Accusation. SEC. 39. Be it further enacted, That the judge of the superior court of Twiggs county, or any judge presiding therein, may by order transfer all presentments and bills of indictment by the grand jury for offenses within the jurisdiction of the city court of Jeffersonville, the order transmitting said cases to be entered on the minutes of both courts. All bonds returnable to the superior court shall follow the case to the city court when so transferred, and the defendant in such case shall be bound to appear at said city court at its next regular monthly term or quarterly term (according to whether the next term is a monthly term or a quarterly term) sitting after such bill is transferred. Transfer of criminal cases from Superior Court. SEC. 40. Be it further enacted, That in all misdemeanor cases transferred to the city court from the superior court the costs of the solicitor of the circuit shall be five dollars, to be collected and paid as costs in the city court. Fees of solicitor. SEC. 41. Be it further enacted, That at or within ten days after the close of any regular term of said city court, and oftener, if he shall deem it proper to do so, the judge of said city court shall distribute said fines and forfeitures arising from cases tried in this court, as follows: Fines and forfeitures arising from cases originating in this court shall be pro rated among the solicitor, the clerk, the sheriff of said city court, the justices of the peace, and constables on their bills for insolvent costs; fines and forfeitures arising from cases transferred from the superior court to said city court shall be prorated among the solicitor, clerk, and sheriff of said city court, the solicitor, clerk and sheriff of the superior court, and the justices of the peace and constables upon their bills for insolvent costs in transferred cases. If at any time there should be a surplus of the insolvent cost funds arising from cases originating in the city court, the same shall be applied to the payment of insolvent costs in cases transferred to the city court, and vice versa. The judge of said city court shall, before paying insolvent bills, approve the same, and have them entered on the minutes of said court, and such bills for insolvent costs shall be a lien on funds arising from fines and forfeitures in said court superior to all other liens. Fines and forfeitures SEC. 42. Be it further enacted, That the first or second term

Page 261

of either the quarterly or monthly session shall be the trial term of any civil case tried in said court, according to whether the first or second term would be the trial term if the said case were in the superior court, it being the intention of this Act that the procedure in the said city court shall be the same as that in the superior, with the exception that, in cases in the monthly or quarterly terms where no issuable defense is filed at or before the calling of the appearance docket of term to which said case is brought, such cases shall be marked by the judge in default, and shall stand for trial at that term of the court. The appearance docket of neither term shall be called before eleven o'clock a. m. of the first day of the term. All laws with reference to the opening of defaults, setting aside judgment, etc., applicable to the superior court shall apply to the city court of Jeffersonville, unless otherwise provided in this Act, or unless inconsistent with the Constitution of the said city court or some of its modes of procedure provided for in this Act. Appearance and trial terms Defaults. SEC. 43. Be it further enacted, That if this Act shall become a law prior to the third Monday in August, 1905, which is the next quarterly term of the said county court of Twiggs county, and if the officials of said city court shall have qualified by that time, then the first quarterly term of the city court of Jeffersonville shall be held on the third Monday in August, 1905, and the jurors drawn for the said term of the said county court of Twiggs county shall be competent to serve at that time in said city court of Jeffersonville; provided, that if this Act shall become a law prior to the third Monday in August, 1905, but the officials of said city court have not qualified as such, then the jurors drawn to said term of the county court of Twiggs county shall attend and serve at the November quarterly term, 1905, of the city court of Jeffersonville; and all suits and matters pending in or returnable to the said August quarterly term shall stand for trial judgment, or disposition as if brought originally to said November term; but the monthly terms of the city court of Jeffersonville shall begin on the first third Monday of any month after the qualification of the officers of the city court of Jeffersonville. August term, 1905. SEC. 44. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1905.

Page 262

CITY COURT OF JONESBORO, ABOLISHED. No. 168. An Act to repeal an Act entitled an Act to establish the city court of Jonesboro, in the city of Jonesboro, in and for the county of Clayton; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers and duties of a judge and the other officers thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above and foregoing entitled Act, which said Act appears in the Acts and Resolutions of the General Assembly of the State of Georgia for the year 1904, as compiled and published by authority of the State, on page 176 and No. 618, which said Act was approved August 15, 1904, be, and the same is, hereby repealed, and the city court of Jonesboro, in the city of Jonesboro, is hereby abolished. City Court of Jonesboro, abolished. SEC. 2. Be it enacted by the authority aforesaid, That all suits pending in said court, all summonses, processes and all litigation of every nature and character pending in said court or returnable thereto, be, and the same are, hereby transferred to the superior court of Clayton county. Suits, etc., transferred to Superior Court. SEC. 3. Be it enacted further by the authority aforesaid, That the terms of this Act shall go into effect on January 1, 1906, upon its approval by the Governor. SEC. 4. Be it enacted further 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 11, 1905.

Page 263

CITY COURT OF LAGRANGE, ACT CREATING AMENDED. No. 260. An Act to amend an Act entitled an Act to establish the city court of LaGrange, in Troup county; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof and to define their powers and duties; to provide for pleading and practicing, and new trials therein, and for carrying cases direct from said city court to the Supreme Court by bill of exceptions or writ of error, and for other purposes, approved December 19, 1899, so as to provide for drawing juries for each week of each term of said court, fixing time for argument of cases, and providing that defendants in criminal cases in said city court shall not have the right to indictment by the grand juries of said county; also amending section 3 of an amendment to said above recited Act establishing said city court, said amending Act approved November 30, 1900, so as to limit the costs of the clerk in certain cases. 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 LaGrange, in Troup county; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practicing, and new trials therein, and for carrying cases direct from said city court to the Supreme Court by bill of exceptions or writs of error, and for other purposes, approved December 19, 1899, be, and the same is, hereby amended by adding after the words shall be drawn, in the 9th line of section 24 thereof the following words, for each week of each term if any term of said court shall last longer than one week, so that said section 24 of said Act, as hereby amended, shall read as follows, to wit: Section 24. Be it further enacted by the authority aforesaid, That traverse jurors in said city court shall be procured in the following manner: The clerk of said city court shall provide a city court jury-box similar to the traverse jury-box of the superior court, and shall write upon separate pieces of paper the name of each person upon the grand jury list, and each person upon the traverse jury list of the superior court of said county, and shall

Page 264

place all of said names in said city court jury-box, from which shall be drawn for each week of each term, if any term of said court shall last longer than one week, twenty-four traverse jurors to serve in said court. All laws in reference to drawing, summoning, impaneling traverse jurors in the superior courts shall apply to the city court of LaGrange, and the said city court judge shall have the same power to summon tales jurors for the city court as the judges of the superior courts have for the superior courts. Jurors in said city court shall receive the same pay, and be paid in the same manner, and under the same rules and regulations as jurors are, or may be hereafter, paid in the superior courts. City Court of LaGrange. Traverse jurors. SEC. 2. Be it further enacted by the authority aforesaid, That the time of argument of counsel in all civil cases where the amount sued for or involved is one hundred dollars or less shall be the same as in the superior court in cases of appeals from justices courts. Argument of counsel. SEC. 3. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended by striking out or repealing section 22 of said Act and inserting or enacting in lieu thereof the following: Be it enacted by the authority aforesaid, That the judge of the city court of LaGrange shall have the power to hear and determine criminal cases at any time, or to accept pleas of guilty, and to pass sentence on those convicted or pleading guilty; provided the defendant does not demand a trial by jury. If a defendant demands a trial by jury and the court is not sitting at a regular quarterly term, then said case stands continued until the next quarterly term of said city court. In all criminal cases within the jurisdiction of the said city court of LaGrange the defendant shall not have the right to demand an indictment by the grand jury of the county of Troup. All indictments or special presentments of the grand jury transferred to said city court for trial shall be tried in the same manner as cases on accusations. All other proceedings in criminal cases shall be the same as is of force under the general law governing the trial of misdemeanor cases in the superior court. Trial of criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That section 3 of an amendment of said above recited Act establishing said city court, said amending Act being approved November 30, 1900, be, and the same is hereby amended by adding to said section the following: Provided further, that in all civil cases where the amount sued for or involved is over one hundred dollars and

Page 265

not exceeding two hundred and fifty dollars, the entire costs of the clerk for all his services up to and including judgment and execution, shall not exceed four dollars; and in all civil cases where the amount sued for or involved is over two hundred and fifty dollars, and not exceeding five hundred dollars, the entire costs of the clerk for all his services up to and including judgment and execution, shall not exceed six dollars, so that said section when so amended, shall read as follows: Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That section 7 of the above recited Act establishing the city court of LaGrange be, and the same is, hereby amended by striking out the said section and inserting in lieu thereof the following: That the clerk of the superior court of Troup county shall be an ex officio clerk of the said court. The duties of the said clerk of the city court in said city court shall be the same in all respects as the duties of the clerk of the superior court in said superior court, so far as the same may be applicable. The fees of the clerk of said city court shall be the same as are now or may be hereafter allowed the clerk of the superior court, except in criminal cases, he shall receive only $3, and except in civil cases where the amount involved is $500 or less, he shall receive the following fees: For filing and docketing suit, 50 cents; issuing process and making copy, 50 cents, and 15 cents per hundred words; for each additional copy, 15 cents per hundred words; filing pleas, demurrers and traverses, 50 cents; entering verdict on minutes, 50 cents; entering judgment on minutes, 50 cents; recording proceedings in all cases, 15 cents per 100 words; filing and docketing motions for new trial, 50 cents; filing and docketing bill of exceptions, 50 cents; making copy of same and transcript of record, 15 cents per hundred words; filing garnishment proceedings, 50 cents; recording proceedings in same, 15 cents per hundred words; issuing subp[oelig]na, 15 cents; subp[oelig]na duces tecum, 25 cents; commission to take testimony, 50 cents; each claim case, $2; issuing and docketing fi. fa., 50 cents; for foreclosing a lien, $1; filing, docketing and recording proceedings in possessory warrant cases, $2; filing and docketing search warrants, 50 cents; filing and docketing other warrant not provided for, 50 cents; for other service required of him by order of the judge or rule of the court, such compensation as the judge of said court may allow him by standing order entered on the minutes; provided, further, that in cases where the amount sued for or involved is one hundred dollars or less, the entire cost of the clerk shall not exceed $2 for all of his services. For his services at the

Page 266

regular term of said court he shall receive $2 per day; provided, further, that said clerk shall not be required to give any additional bond for the discharge of his duties as clerk of said city court, but the bond required of him as clerk of said superior court shall be conditional for the faithful performance of his duties as ex officio clerk of the city court of LaGrange in addition to his duties as clerk of the superior courts of Troup county; provided, further, that in all civil cases where the amount sued for or involved is over $100, and not exceeding $250, the entire costs of the clerk for all his services up to and including judgment and execution, shall not exceed $4; and in all civil cases where the amount sued for or involved is over $250, and not exceeding $500, the entire costs of the clerk for all his services up to and including judgment and execution, shall not exceed $6. Fees of clerk. 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 23, 1905. CITY COURT OF LEESBURG, ESTABLISHED. No. 560. An Act to establish the city court of Leesburg, in and for the county of Lee, to define its jurisdiction and powers, to provide for the appointment of a judge, solicitor-general and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, writs of error therefrom, 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 city court of Leesburg is hereby established in the city of Leesburg and created with civil and criminal jurisdiction over the whole county of Lee; this Act to take effect on the first day of January, 1906. City Court of Leesburg. SEC. 2. Be it further enacted, That the said city court of Leesburg shall have jurisdiction to try and dispose of all civil cases of whatever amount, except in those cases over which exclusive jurisdiction is vested in the superior court by the Constitution and laws of the State of Georgia, always provided that the said city court of Leesburg shall not have power to correct errors

Page 267

in inferior jurisdictions by writ of certiorari, and said city court shall not have power to issue writs of mandamus, or prohibition or quo warranto. Jurisdiction. SEC. 3. Be it further enacted, That the said city court of Leesburg shall have jurisdiction to try and dispose of all criminal cases when the offender is not subject to loss of life or confinement in the penitentiary, when the offense is committed in the county of Lee. Jurisdiction in criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Leesburg, who shall be appointed by the Governor by and with the consent of the Senate, whose term of office shall be four years, and all vacancies in the office of judge shall be filled by appointment of the Governor for the unexpired term subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of said city court of Leesburg shall receive a salary to be fixed by the grand jury of Lee county, which shall not be increased or diminished during his term of office, except to apply to subsequent term, and shall be paid monthly out of the treasury of the county of Lee by the person or persons charged by law with the paying out of the money of Lee county. Judge. SEC. 5. Be it further enacted, That any person who shall be appointed judge of said city court must at the time of said appointment be at least twenty-seven years of age, and must have been a resident of Lee county at least two years immediately preceding his appointment, and he must have been a practicing attorney at least four years previous to his appointment, and he shall before entering upon the discharge of his duties take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Leesburg, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God. And said oath shall be immediately forwarded to the Governor and filed in the executive department. He shall have authority to issue criminal warrants, to dispossess tenants holding over and intruders, to issue distrees warrants, and generally do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Qualification and oath of judge.

Page 268

SEC. 6. Be it further enacted, That there shall be a solicitor-general of the said city court of Leesburg, who shall be appointed by the Governor by and with the advice and consent of the Senate, whose term of office shall be two years, and all vacancies shall be filled in like manner as the vacancies in the office of judge. He must be at least twenty-four years of age, and must have been a practicing attorney at least two years next prior to his appointment, and a resident of Lee county for one year. He shall prosecute all offenses cognizant before the court, and shall represent the State in each case carried to the Supreme Court from the said city court. He shall draw all accusations for the trial of offenses in said city court. He shall receive a salary to be fixed by the grand jury of Lee county to be drawn from the county treasury of Lee county in like manner as the salary of the judge of said city court is fixed and drawn; provided that in his absence or disqualification the judge of said court shall appoint a solicitor pro tem. Solicitor. SEC. 7. Be it further enacted by the authority aforesaid, That the solicitor of said city court shall receive the same fees for the prosecution of cases carried to the Supreme Court from said city court as are allowed solicitor-general of the superior court for like services, and to be paid in like manner. Fees of solicitor. SEC. 8. Be it further enacted by the authority aforesaid, That the clerk and his deputy of the superior court of Lee county shall be ex-officio clerk and deputy of said city court, and in his official connection with said court he shall be known as the clerk of said city court of Leesburg. Said clerk shall, before entering upon the discharge of the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said court. He shall also before entering upon the duties of his office execute a bond with good security in the sum of eight hundred dollars, conditioned for the faithful discharge of the duties of his office. Clerk. SEC. 9. Be it further enacted by the authority aforesaid, That the sheriff of Lee county shall be ex-officio sheriff of said city court of Leesburg, and in his official connection with said court shall be known as the sheriff of the city court of Leesburg. Before entering upon the discharge of his duties he shall give a good and solvent bond in the sum of one thousand dollars for the faithful discharge of his duties of the office; he shall have the same authority to appoint a deputy as is provided in the superior courts of Georgia for the appointment of deputy sheriffs. Sheriff. SEC. 10. Be it further enacted by the authority aforesaid,

Page 269

That all the duties and liabilities attached to the office of the clerk of the superior court and to the office of sheriff shall be attached to the office of clerk of the city court of Leesburg, and sheriff of said court respectively, and the judge of said city court of Leesburg is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judge of the superior court over the clerks of the superior courts and the sheriffs of the counties of Georgia. Duties of clerk and sheriff. SEC. 11. Be it further enacted, That the clerks and sheriffs 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 the clerk of the superior court receives. 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, and shall be amenable to the same processes and penalties as like officers in the superior courts, and shall be entitled to the same remedies for the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees of clerk and sheriff. SEC. 12. Be it further enacted, That the said clerk and sheriff shall receive the same fees of like officers in the superior court, except in cases that are tried upon accusation the clerk shall receive the sum of three dollars; provided he shall not receive per diem exceeding fifteen days a year for attendance upon said court, and the said sheriff shall not receive per diem for exceeding fifteen days in each year. Fees of clerk and sheriff. SEC. 13. Be it further enacted, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as judges of the superior courts. Habeas corpus. SEC. 14. Be it further enacted, That the terms of said city court shall be monthly and quarterly. The monthly term to be held on the fourth Wednesday in each month, and the quarterly terms to be held on the fourth Wednesdays in January, April, July and October. The terms of said court shall last until the business is disposed of, or the judge may, in his discretion, hold adjourned terms and may set cases for trial at convenient times, and the same may then be tried as of term, whether court has been from day to day until said time or not; the judge of said city court may, in his discretion, hold his court at any other time than the regular term for the speedy transaction, consistent with the interest of the State and the accused, of criminal business which does not require a jury. Terms of court.

Page 270

SEC. 15. Be it further enacted, That the same rules of proceeding, service, pleading and practice as obtains in the superior court shall govern in the said city court, except as otherwise provided in this Act. The process to writs shall be annexed by the clerk of said court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Leesburg or his deputy. All suits not exceeding one hundred dollars principal shall be returnable to the monthly session of said court, and shall stand for trial at the first term thereof by the judge without the intervention of a jury; provided that in any cases where a jury is demanded, as herein provided, such cases shall be transferred to the next quarterly term of said court, and shall there stand for trial by a jury. Ordinary suits to the monthly session of said court shall be filed at least fifteen days before the session to which they are returnable, and shall be served at least ten days before said session. All other cases shall be brought and tried in like manner as in the superior court the plaintiff or defendant in any case shall be entitled to a trial by jury upon entering a demand for same at the first term of said court after the suit is filed, said demand must be in writing and entered upon the minutes of said court. And it shall be the duty of the judge the first thing upon opening court to sound the docket for the purpose of ascertaining what demands for jury trial are made in civil or criminal cases. The judge of said court shall have power to hear and determine all cases in which there is no demand for jury, as hereinbefore provided. Pleading and practice. SEC. 16. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases of which said court has jurisdiction and give judgment and execution therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor, by himself or attorney, in writing, as is provided for in section 15 of this Act. Trial by jury. SEC. 17. Be it further enacted, That all judgments obtained in said city court shall be a lien on all the property belonging to the defendant or defendants, throughout the State, in the same manner as judgments of the superior court are, but the property exempt from levy and sale under the laws of the State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge, and signed by the clerk or deputy clerk and directed to the sheriff or his deputy of said city court of Leesburg, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments.

Page 271

SEC. 18. Be it further enacted, That the said city court shall have jurisdiction concurrent with the superior court over all claims arising in the said county of Lee, except those involving title to land, which shall be returned to the superior court for trial. Claim cases. SEC. 19. Be it further enacted, That the laws governing the issuance of attachments which obtain in the superior courts shall apply to the city court so far as the nature of the city court will admit. And any justice of the peace or notary public may issue attachments returnable to the said city court under the same laws that govern attachments returned to the superior court. Attachments. SEC. 20. 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. When any garnishment proceedings are commenced under section 4715 or 4716 and 4717 of the Code of Georgia of 1895, volume 2, based upon suits pending in this court, or judgment obtained in this court, the person served with summons of garnishment residing in a different county from the county of Lee shall be required to answer in the superior court of the county of his residence in the manner provided by said sections aforesaid. Garnishments. SEC. 21. Be it further enacted, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State and may be served by any sheriff or his deputy. Parties. SEC. 22. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories, under subp[oelig]na, witnesses and their attendance, continuances, or other matter of judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Practice. SEC. 23. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken and 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 this State, and the judge and officers of said city court shall have power respectively to administer all oaths pertaining to their office, as judge and other officers of the superior court may in like cases do, and said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested, and affidavits administered by justices of the peace of this State;

Page 272

and the judge of said city court shall have all the power and authority throughout his jurisdiction of judges of the superior courts, except where by law exclusive power and authority is vested in judges of superior courts, and all laws relating to and governing judges of the superior courts shall apply to judges of the said city court so far as the same may be applicable, except as herein provided. Powers of judge. SEC. 24. Be it further enacted, That said city court of Leesburg 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 courts, shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior courts shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 25. Be it further enacted, That all laws relating to the enforcement of judgments of the superior court, whether civil or criminal, shall apply to said city court, and execution shall issue and be levied and sales be had thereunder under the same rules and laws relating to the same in the superior courts. Judgments. SEC. 26. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt and to enforce all his judgments as is vested by law in judges of the superior courts of this State. Contempt. SEC. 27. Be it further enacted, That all persons liable to serve as grand and petit jurors in the superior court of Lee county shall be liable to serve as petit jurors in said city court, and it shall be the duty of the clerk of said city court to copy into a book the list of all names of persons liable to serve as grand and petit jurors in the said superior court, to be taken from the list of said superior court, under the supervision of the judge of said city court, and to make a new list as often as said superior court jury lists are revised to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said city court, as above directed, shall be alphabetically arranged, and shall be kept in the office of the clerk of said city court. The said clerk shall also make out tickets equal in number to the number of names in said list, and write upon each the name of one of the said persons, and deposit the same in a box, to be provided at public expense and numbered one, until there shall be a ticket in said box bearing the name of each person on said list. Jurors. SEC. 28. Be it further enacted, That during the session of the

Page 273

said city court at each quarterly term, in open court, the judge of said court shall draw from said box number one sixteen jurors to serve as jurors at the next quarterly term of said city court, and shall cause the clerk to record the names so drawn, and then place them in another box, to be provided as above stated, numbered two. The judge of said city court for the first quarterly term held under this Act may draw a jury in the same manner herein provided as soon as he is appointed and qualified, and have them served five days before said term, but this shall not apply to any other term of said court. Said box shall be kept as similar box is kept for the superior court, and all laws with reference to the drawing, selecting and summoning traverse and tales jurors in the superior court, not inconsistent with the provisions of the Act, shall apply to the said city court, except that the sheriff shall be paid five dollars for summoning said jurors. Juries. SEC. 29. Be it further enacted, That all laws with reference to the qualifications, relations, impaneling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly relating to the same in the superior court, shall apply to and be observed in said city court, except where inconsistent with the provisions of this Act. Jurors. SEC. 30. Be it further enacted, That the sixteen jurors drawn and summoned as above provided shall be impaneled, and in all cases, civil or criminal, trial by jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendant shall have five strikes and the State three strikes, eight shall thus constitute a jury. When a jury of eight shall have retired to consider a case, the parties in any case may, by consent, agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case, or defendant in a criminal case, declines to waive a trial by a jury of twelve, then, in civil cases, each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed three strikes and the State one strike from the panel. The jurors, those drawn on the regular panel, and likewise the talesmen which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete the panel, shall each receive the sum of two dollars per diem while serving as jurors in said court, the same to be paid under the rules governing the payment of superior court jurors. Juries. SEC. 31. Be it further enacted, That defendants in criminal cases in said city court of Leesburg may be tried on a written accusation,

Page 274

which shall be drawn by the solicitor-general of said court, setting forth plainly the offense charged, founded on the affidavit of the prosecutor, and said accusation shall be signed by the prosecuting officer of said court, and in all criminal cases within the jurisdiction of said court the defendant shall not have the right to demand an indictment by the grand jury of Lee county. Accusation. SEC. 32. Be it further enacted, That it shall be the duty of all justices of the peace and notaries public of Lee county to bind over to said city court all persons for offenses committed within the limits of Lee county, over which said city court has jurisdiction, to answer for said offenses. Appearance bonds. SEC. 33. Be it further enacted, That before the arraignment of the accused, the judge of said city court shall inquire of him whether he demands a trial by jury, and the response of the accused shall be indorsed on the accusation, indictment or presentment, and signed by the solicitor-general of said court. If the accused demands a trial by jury the judge shall proceed with said cause, if at a quarterly term of said court, according to the rules and laws of the superior court applicable to the trial of misdemeanors, except where they are inconsistent with the provisions of this Act. If the defendant demands a trial by jury and the said court is not sitting at a regular quarterly term, the judge shall admit the defendant to bail, to appear at the next quarterly term, or upon defendant's failure to give bond, shall commit him to jail until the next quarterly term of said court, unless there be sooner an adjourned term quarterly at which a jury will be impaneled. If accused waives trial by jury, the judge shall proceed to hear and determine such criminal cases, as they are heard and determined in the superior court. Demands for trial by jury. SEC. 34. Be it further enacted, That all misdemeanor cases may be transferred from the superior court to the city court in the discretion of the judge of the superior court, the order transferring same to be entered on the minutes of both courts. Transfers from Superior Court. SEC. 35. Be it further enacted, That the judge of said city court of Leesburg shall have the power and authority to hear and grant motions for new trials in any cases, civil and criminal, in said city court, and be governed by the same rules and laws, and procedure as judges of the superior courts, when not inconsistent with the provisions of this Act. New trials SEC. 36. Be it further enacted, That a writ of error shall be directed from said city court to the Supreme Court of Georgia upon a bill of exceptions filed under the same rules and regulations

Page 275

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. 37. Be it further enacted, That all cases, civil and criminal pending and undisposed of in the Lee county court at the time that this Act goes into effect, shall be, and are, hereby transferred to the city court of Leesburg created under this Act, and the same are to be placed upon the proper docket in said city court, and shall be tried and disposed of as other cases in said city court. All fi. fas. in the hands of the sheriff at the time this Act takes effect, or other officers, or that may thereafter come into their hands, which are made returnable to the Lee county court, shall be by them returnable to the city court of Leesburg. The judge and other officers of said city court, created under this Act, shall have power and authority to issue and enforce in the name of said city court any and all processes in any case from the Lee county court. All papers, books, records and documents whatever of the county court of Lee county shall be deposited in the office of the clerk of the city court of Leesburg, at the time this Act goes into effect. Transfers from County Court. SEC. 38. Be it further enacted, That all suits against joint obligors, joint promissors, copartners, or joint trespassers, in which any one or more reside in the county of Lee, may be brought in said court, whether its jurisdiction is already stated under the same rules and regulations governing such cases in the superior court, mutatis mutandis as to copies, second originals, returns and other matters connected with suits. Joint obligors, etc. SEC. 39. Be it further enacted, That all rules of the superior court relating to continuances, motions, pleas and practice shall be applicable to the city court of Leesburg. Rules of practice. SEC. 40. Be it further enacted, That the solicitor-general of said city court, for his services in the Supreme Court, shall be paid out of the treasury of the State in the same manner as the solicitor-general of the superior court is paid for like services rendered in the Supreme Court. Fees of solicitor. SEC. 41. Be it further enacted, That when from any cause the judge of the said city court is disqualified from presiding, and the judge of the superior court is not present, 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, chosen in the manner as now provided in the superior court. Judge pro hac vice. SEC. 42. Be it further enacted, That all fines and forfeitures arising in this court shall, after the payment of the costs due the sheriff, clerk, justice of the peace, constable and other officers

Page 276

entitled to the same according to the provisions of this Act, be paid into the county treasury, and a separate and distinct account of the same shall be kept and be paid out only on the insolvent costs of officers entitled to prorate in the distribution of the funds arising from said court, upon a properly approved bill for the same by the judge of said court, as in the superior court; provided, however, the solicitor's costs and his proportion of the insolvent costs, to be reckoned as the solicitor-general's cost in the superior court for similar services, to be paid into the county treasury for general purposes, he receiving a salary in lieu thereof. Fines and forfeitures SEC. 43. Be it further enacted, That said city court of Leesburg shall be held in the city of Leesburg at the courthouse of Lee county, and the county commissioners of Lee county are hereby authorized and required to provide the necessary books and records for the same. Courthouse. SEC. 44. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 21, 1905. CITY COURT OF LEXINGTON, ACT CREATING AMENDED. No. 381. An Act to amend an Act to establish the city court of Lexington, in and for the county of Oglethorpe, to define its powers, to provide for the appointment of judge, solicitor and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes. SECTION 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 44 of said Act be, and the same is, hereby amended by inserting after the word treasury, and before the word provided, in the eighth line of said section, the following words: Provided, further, that all money from the hire of convicts, if not worked by the county of Oglethorpe, and also if said convicts are worked by the county of Oglethorpe, then said county out of its treasury shall pay all costs and fees in each and every

Page 277

case sentenced by said court and worked by said county, and said county shall also pay such additional sum for the annual use of said convicts by said county as compensation to cover the insolvent costs due the officers of said court, as the commissioner of roads and revenues in and for Oglethorpe county may allow, or ordersaid compensation to be allowed in payment or part payment annually upon the insolvent costs of said officers of said court, distributed pro rata as aforesaid, and said commissioner of roads and revenue of said county is hereby authorized to draw his warrant on the Treasurer of said county for said amount or amounts, and said Treasurer shall thereupon pay said warrant or warrants out of any funds set apart for expenses of court for said county, so that said section, when amended, shall read as follows: Sec. 44. Be it further enacted by authority aforesaid, That all fines and forfeitures arising from cases tried in said city court shall be applied to the payment of fees and costs of the solicitor, clerk and sheriff of said city court, including insolvent costs, the same to be distributed pro rata under the same rules and regulations governing the distribution of fines and forfeitures of officers of the superior courts, the remainder, if any, to be paid into the county treasury; provided, further, that all money from the hire of convicts, if not worked by the county of Oglethorpe, and also if said convicts are worked by the county of Oglethorpe, then said county, out of its treasury, shall pay all costs and fees in each and every case sentenced by said court and worked by said county, and said county shall also pay such additional sum for the annual use of said convicts by said county as compensation to cover the insolvent costs the officers of said court, as the commissioner of roads and revenue in and for Oglethorpe county may allow, and ordersuch compensation to be allowed in payment or part payment annually, upon the insolvent costs of said officers of said court, distributed pro rata as aforesaid, and said commissioner of roads and revenue of said county is hereby authorized to draw his warrant on the treasurer of said county for said amount or amounts, and said treasurer shall thereupon pay said warrant or warrants out of any funds set apart for expenses of court for said county; provided, further, however, that in all cases transferred from the superior court of Oglethorpe county to said city court, the solicitor of the superior court shall be entitled to such solicitor's costs as shall have accrued on bills of indictment or special presentments up to the time of the transfer; provided, further, that in all cases the magistrates binding over in any preliminary hearing shall be entitled to share as to his costs in the

Page 278

particular case with the other officers of said city court, upon the same term in any fine or forfeitures that may arise therefrom. City Court of Lexington- Hire of convicts. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1905. CITY COURT OF McRAE, ABOLISHED. No. 158. An Act to repeal an Act entitled an Act to establish the city court of McRae, and for the county of Telfair, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define the powers and duties of a judge and the other officers thereof, and for other purposes, approved November 26, 1902, 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 McRae, created and organized under and by virtue of an Act entitled an Act to establish the city court of McRae, in the city of McRae, in and for the county of Telfair, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define the powers and duties of a judge and the other officers thereof, and for other purposes, approved November 26, 1902, be, and the same is, hereby abolished, and said Act is hereby repealed upon the passage of an Act provided for in the next section of this Act. City Court of McRae, Act establishing repealed. SEC. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into force and effect and become law until the passage and approval by the Governor of an Act to establish the city court of McRae, in the city of McRae, in and for the county of Telfair, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define their powers and duties, and for other purposes, now being acted upon by the General Assembly of the State of Georgia, at its summer session for the year 1905.

Page 279

SEC. 3. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 3, 1905. CITY COURT OF McRAE, ESTABLISHED. No. 161. An Act to establish the city court of McRae, in the city of McRae, in and for the county of Telfair, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define 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 the city court of McRae, to be located in the city of McRae, in the county of Telfair, is hereby established and created, with civil and criminal jurisdiction over the whole county of Telfair, concurrent with the superior court, to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved amounts to the principal sum of fifty dollars, except those of which the Constitution of this State has given to the superior or other courts exclusive jurisdiction; provided the said city court of McRae shall have jurisdiction to try and dispose of trover proceedings for any sum whatever, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in Telfair county. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which are now, or hereafter may be, in use in the superior courts, either under the common or statute law, including among others attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages, except upon real estate, and quo warranto; provided, that said city court shall have jurisdiction to try and dispose of civil cases in which the amount of principal claimed or involved is less than fifty dollars, if the plaintiff will pay in advance to the officers

Page 280

of the court the difference between the justice court cost and the city court cost. This proviso not to apply to trover proceedings. City Court of McRae established, jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of 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 $1,000 per annum, which salary shall be paid monthly by the treasurer of the county of Telfair, and it shall be the duty of the commissioners of the roads and revenues of said county, or other proper officer, to make provision annually and levy the taxes for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. Judge. SEC. 3. Be it enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he be at the time of his qualification at least twenty-five years of age, a bona fide resident of Telfair county one year 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 justice to rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of McRae, of this State, according to the best of my ability and understanding, agreeably with the laws and Constitution of this State and the Constitution of the United States, so help me God. Which oath shall be filed in the executive department. Qualification and oath of judge. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court appointed by the Governor, by and with the advice and consent of the Senate, whose first term of office shall be until November first, 1906, and all subsequent terms thereafter four years, and whose duties it shall be to prosecute for all offenses cognizable before said court. All vacancies in said office shall be filled by appointment by the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at its next session thereafter. The solicitor

Page 281

shall receive the same fees for each written accusation that is allowed the solicitor-general of the superior courts for bills of indictment, and for all other services performed he shall receive the same fees as are allowed the solicitor-general of the superior courts of said State for like services. In the absence, disqualification or sickness of said solicitor, the judge of said city court may appoint a solicitor pro tem., who shall have the same authority, and receive the same fees as are allowed the regularly appointed solicitor of said court, as pertains to the case or cases in which he is appointed. Solicitor. SEC. 5. Be it enacted by the authority aforesaid, That the solicitor of said court shall, for his services in the Supreme Court, be paid out of the treasury of the State in the same manner as the solicitor-general of the superior court is paid, and the same fees for like services rendered in the Supreme Court. Fees of solicitor in Supreme Court. SEC. 6. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Telfair county shall be ex officio clerk of the city court of McRae, and shall before entering upon the discharge of the duties of said office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the minutes of said court. He shall also, before entering on the duties of the office, execute a bond with good security in the sum of one thousand dollars, with at least three good solvent sureties, for the faithful discharge of the duties of the office, to be approved by the ordinary of Telfair county, which bond and oath shall be filed and recorded in the office of the ordinary of said county of Telfair. Clerk. SEC. 7. Be it further enacted by the authority aforesaid, That the sheriff of the superior court of Telfair county shall be ex-officio the sheriff of the city court of McRae. Before entering upon the discharge of the duties of the office said sheriff shall execute a bond, with at least three good solvent sureties, in the sum of two thousand dollars for the faithful discharge of the duties of the office; provided that said sheriff and clerk shall have the right to make their bonds with any guaranty bond company authorized to do business in this State. Said sheriff shall have the right to appoint a deputy or deputies under the same laws and regulations as deputies are appointed by the sheriffs of said State, who shall give like bonds as the sheriff of said city court. All of said bonds to be approved by the ordinary of Telfair county, and filed and recorded in his office. Sheriff. SEC. 8. Be it further enacted by the authority aforesaid, That

Page 282

all the duties and liabilities attached to the office of clerk of the superior court, and to the office of sheriff of the superior court, shall be attached to the office of clerk of the city court of McRae, and to the office of sheriff of the city court of McRae, respectively, and that the judge of the city court of McRae is empowered to enforce the same authority over said clerk and sheriff and their departments and acts as is exercised by the judge of the superior court over the clerks and sheriffs of the superior courts of this State. Duties of clerk and sheriff. SEC. 9. Be it further enacted by the authority aforesaid, That the clerk of said city court shall be paid three dollars per day, and the sheriff thereof three dollars per day, for attendance upon said court, and unless otherwise specified in this Act they and their deputies shall receive for all other services the same fees as are allowed by law for like services in the superior court, and for services rendered when no compensation is provided by law, they shall receive such compensation as the judge of said city court shall, in his discretion, allow, on an itemized bill rendered and properly sworn to. They shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior courts. Fees of clerk and sheriff. SEC. 10. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same, in the same manner and with the same power as the judges of the superior courts of said State. Habeas corpus. SEC. 11. Be it further enacted by the authority aforesaid, That there shall be held on the second Mondays in each month, monthly terms of said city court for the trial and disposition of both civil and criminal business. Said city court at the monthly terms thereof shall have jurisdiction of all civil suits, claims or demands, where the amount of the principal, not counting attorneys' fees, does not exceed one hundred dollars. In all suits brought to the monthly terms of said city court the first term shall be trial or judgment term. The judge of said city court of McRae shall have power and authority to try and dispose of all cases, civil and criminal, without the intervention of a jury, unless a trial by jury is demanded as provided for in this Act. Monthly terms of court. SEC. 12. Be it further enacted by the authority aforesaid, That the quarterly terms of said city court shall be held for the trial and disposition of criminal and civil business, and are to be

Page 283

held on the second Mondays in February, May, August and November. The first term, monthly and quarterly of said city court to be held under this Act shall be held on the second Monday in August, 1905. All terms of said city court shall be held in the courthouse, where the superior court for Telfair county is held, in the city of McRae, for which when necessary juries shall be drawn as hereinafter provided, 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 trial and disposition of criminal cases which does not require a jury, as speedily as possible, consistent with the interests of the State and the accused; provided, that no person arraigned for trial at any such special term of said court shall be tried or permitted to file a plea of guilty without having counsel assigned to him or her, as the case may be, where they for any reason have no counsel. Said judge may also hold adjourned terms of said city court, for which he may draw new juries, or require the attendance of the same, as in his sound discretion he may deem best. Said city court judge may also in his discretion set cases for trial at convenient times and the same may then be tried as of the term, whether the court has been held from day to day until said time or not. Quarterly terms. Courthouse. SEC. 13. 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 of said State, except as herein provided, but the process to all writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to the sheriff of the city court of McRae, and his lawful deputies, and all and singular the sheriffs of the superior and city courts of said State and their lawful deputies, who are hereby authorized and empowered to serve the same. Pleading and practice. SEC. 14. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the superior courts, when not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Pleading and practice. SEC. 15. Be it enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine, without a jury, all civil causes over which said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled

Page 284

to a trial by jury in said court by entering a demand therefor by himself or his or her attorney, in writing, on or before said case is called for trial, in all cases when such party is entitled to a trial by jury under the Constitution and laws of this State and the United States. Trials. SEC. 16. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the manner as judgments in the superior courts are, but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under the 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 and his deputies of the city court of McRae, and to all and singular the sheriffs and their deputies of the superior and city courts of said State. Judgements. SEC. 17. Be it enacted further by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied upon under executions or other process from said court, and such claims shall be tried in the same manner as claims in the superior court. Claims to personally SEC. 18. Be it further enacted by the authority aforesaid, That claims to real property levied on under executions or other process from said city court shall be returned to the superior court of the county where such real property is situated, and shall there be tried as other claims in the superior court. Claims to realty. SEC. 19. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments as to any matter whatever in the superior courts of said State shall apply to said city court as if named with the superior court, so far as the nature of the city court will permit. Attachments in said court returnable to said court shall be directed to the sheriff and his deputies of the city court of McRae, and to all and singular the sheriffs and their deputies of the superior and city courts of said State, and the judge of said court may, or any justice of the peace or notary public may issue attachment returnable to said city court under the same law governing the issuing of attachments returnable to the superior courts. Attachments and garnishments. SEC. 20. Be it further enacted by the authority aforesaid, That the garnishment and attachment proceedings and proceedings on distress warrants in said city court, shall be conformable to the laws of the State on the subjects in the superior courts. Attachments and garnishments.

Page 285

SEC. 21. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior courts, but scire facias shall run throughout the State, and may be served by any sheriff or his deputy of the superior or city courts of said State. Parties. SEC. 22. Be it further enacted by the authority aforesaid, That the general laws of the State of Georgia, with regard to the commencement of suits in the superior courts, filing issuing process, defenses, set-offs, affidavits of illegality, claims, mortgage foreclosure, arbitration, examination of parties to suits, or witnesses, by deposition or otherwise under subp[oelig]nas, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said city court shall be applicable to the said city court. Pleading and practice. SEC. 23. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the laws of the State, and the judge and all other officers of said court shall have power respectively to administer all oaths pertaining to their office as the judge and other officers of the superior court may in like cases do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers be attested and affidavits administered by justices of peace of this State, and the judge of said city court shall have all the powers and authority throughout his jurisdiction of the judges of the superior courts, and all laws relating to the governing judges of the superior courts shall apply to the judge of said court, so far as the same may be applicable, except as herein provided. Powers of judge. SEC. 24. Be it further enacted by the authority aforesaid, That the city court of McRae shall be a court of record, shall have a seal, and the minutes, records, order and other books and files that are required by law to be kept and used for the superior court shall be kept and used for said city court, and in the same manner, for like purposes, and all laws applicable to the duties of the clerk and sheriff of the superior courts shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 25. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments, whether civil or criminal, in estreating of criminal bonds, issuing and serving

Page 286

rules nisi, taking rules absolute or judgment thereon, shall apply to said city court, unless otherwise provided by this Act, and executions will issue and be levied and sales had thereunder under the same rules and laws regulating and governing the same in the superior courts. Judgments. SEC. 26. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to enforce the orders, to preserve order, to punish for contempt, and to enforce all of his judgments as is vested by law in the judges of the superior courts of this State. Contempt SEC. 27. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the city court of McRae to prepare, file and record in his office, on the minutes of said city court, a complete copy of the traverse jury list of the superior court of Telfair county, as revised from time to time for said superior court. From said copy and list so made and entered on the minutes of said city court, traverse jurors for said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets the name of each traverse juror, and shall number the same and place same in a box prepared for the purpose, from which shall be drawn twenty-four jurors in the manner as now required by law in the superior courts. All laws in reference to drawing and selecting and summoning traverse and tales jurors in the superior courts shall apply to said city court, except that the sheriff shall be paid five dollars for summoning said jurors. All exemptions from jury duty now of force in Telfair county, and under the laws of Georgia, shall apply and be effective in said city court. Jury list. SEC. 28. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, impaneling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly, relating to the same in the superior courts, shall apply to and be observed in said city court, except where inconsistent with the provisions of this Act. Jurors. SEC. 29. Be it further enacted by the authority aforesaid, That from said panel of twenty-four jurors, drawn and summoned by the provisions of this Act, the judge of said city court shall make up two juries, which shall be known and distinguished as juries numbers one and two, and all cases and issues, to be tried by a 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

Page 287

fill it by causing talesmen to be summoned or caught instanter. In criminal cases being tried before a jury, the defendant shall be entitled to seven peremptory challenges, and the State five, and in all civil cases being tried before a jury the plaintiff and defendant shall each be entitled to six peremptory challenges, and all laws and rules, both civil and criminal, relating to the selection of traverse juries in the superior courts shall apply to said city court, except when inconsistent with the provisions of this Act. Juries. SEC. 30. Be it further enacted by the authority aforesaid, That the judge of said city court is authorized to appoint and have sworn in two or more bailiffs at each quarterly term of said city court, either of whom may act as riding bailiffs, in the discretion of said judge, who shall receive the same pay fixed by the grand jury of Telfair county, for bailiffs and riding bailiffs in the superior court of Telfair county. Bailiffs. SEC. 31. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused shall demand a jury, when said judge shall make an entry to that effect on his docket. A plea to the accusation shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver, except in the discretion of the court. If upon the trial of any case it shall appear to the judge that the evidence makes a 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. Trial of criminal cases. SEC. 32. Be it further enacted by the authority aforesaid, That the defendants in criminal cases in the said city court shall be tried on a written accusation, setting forth plainly the offense charged, founded upon the affidavit of the prosecution and signed by the solicitor of said court, and such bills of indictment as may be transferred from the superior court of Telfair county, and in all criminal cases within the jurisdiction of said city court, the defendant shall not have the right to demand an indictment by the grand jury of Telfair county. All the proceedings after accusation shall conform to the rules governing like cases in the superior court, except there shall be no jury trial unless demanded by the accused as hereinbefore provided. In all cases tried, the accusation shall set forth the offense charged with the same particularity and definiteness, both as to manner of form and substance, as is required by the laws and rules of criminal pleadings to be observed in bills of indictment in the superior court. Accusation trial to jury. SEC. 33. Be it further enacted by the authority aforesaid, That

Page 288

the judge of the superior court of Telfair county may send down from said superior court 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 of said county, and the order transmitting such cases shall be entered on the minutes of both courts. Transfers from Superior Court. SEC. 34. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of peace and notaries public, who are ex officio justices of the peace, and all mayors and mayors pro tem. of Telfair county, to bind over to said city court all persons charged with offenses committed within the limits of Telfair county, over which said city court has jurisdiction, there to answer for said offenses. Appearance bonds SEC. 35. Be it further enacted by authority aforesaid, That if the defendant shall have given bail for his or her appearance at a time when the court is not in regular term or when jurors, are not in attendance upon the court, the court shall proceed to forfeit said bail in the manner now provided by law. The rule nisi and scire facias be made returnable to the next regular term of the court, provided that said term of the court shall not be held within twenty days, in which event they shall be returnable to the next succeeding term. If at the term the rule nisi and scire facias are returnable, no answer has been filed, the rule shall be made absolute and judgment rendered for the amount of the bail. Forfeiture of bonds. SEC. 36. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said city court to the Supreme Court of the State upon a bill of exceptions filed under the same laws, rules and regulations as govern and control the issue of writs of error, filing, serving and any and all other proceeding had in bills of exceptions in the superior courts of this State. Writs of error. SEC. 37. Be it further enacted by the authority aforesaid, That in all cases in said city court the same powers and rights as to waivers, pleadings and procedure, or other matters pertaining to the same, shall obtain as in the superior courts of said State. Pleading and practice. SEC. 38. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promissors, or joint trespassers, in which any one or more reside in the county of Telfair, may be brought in said court, whether its jurisdiction is already stated under the same rules and regulations governing such cases in the superior court, mutatis mutandis, as to copies, second originals, returned, and other matters connected with the suits. Joint obligors, etc. SEC. 39. Be it further enacted by the authority aforesaid, That

Page 289

in all cases brought to the quarterly terms of said city court, the first term shall be the appearance term, and the second term trial term, as in the superior court, and all the laws, rules and practices in said city court with reference to said quarterly terms thereof, and to continuances, pleadings, the trial of causes therein, shall be the same as in the superior courts of said State, unless otherwise provided by this Act. Appearance and trial terms SEC. 40. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is, from any cause, disqualified from presiding, then, upon consent of parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts of said State. Judge pro hac vice. SEC. 41. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the clerk, if present, and if not the sheriff of said city court may adjourn it to such time as the judge may in writing direct, and if no direction by said judge, it shall be adjourned to the next regular term. Judge absent. SEC. 42. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said city court shall be applied to the payment of the fees and costs of the solicitor, clerk and sheriff of said city court, including insolvent costs, the same to be distributed pro rata under the same rules and regulations governing the distribution of fines and forfeitures to the officers of the superior court, the remainder, if any, to be paid into the county treasury; provided, however, that in all cases transferred from the superior court of Telfair county to said city court, the solicitor-general of the superior court shall be entitled to such solicitor's costs as shall have accrued on bills of indictment or special presentments up to the time of the transfer; provided further, that in all cases the magistrate binding over in any preliminary hearing shall be entitled to share, as to his costs in the particular case with the other officers of said city court, along with the arresting officers, upon the same terms, in any fines or forfeitures that may arise therefrom. Fines and forfeitures SEC. 43. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues, or other proper officers of Telfair county, shall provide the necessary books, stationery, for keeping the dockets, minutes, and records of said city court, and all other necessary books and records for said court. Records. etc. SEC. 44. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to grant a new

Page 290

trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws, rules and regulations in every respect governing the granting of new trials in the superior courts of this State. All rules of pleading, practice and procedure governing motions, rules nisi and other proceedings in new trials in the superior courts shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days after the rendition of the judgment complained of and not afterwards, unless for good cause further time may by order be granted, in the discretion of the judge of said court. In all other respects such motion shall be governed by the ordinary rules aforesaid. New trials SEC. 45. Be it further enacted by the authority aforesaid, That all cases, civil and criminal, now pending and undisposed of in the city court of McRae, as established by an Act approved November 26, 1902, shall be, and are, hereby transferred, dockets, papers of all kinds to the city court of McRae, as established by this Act, and shall be tried and disposed of as they now stand upon the dockets of said former city court, and in the order they would have been disposed of had they not been transferred. All final or other process now in the hands of the clerk, sheriff or his deputy, which are made returnable to the city court of McRae, under the Act approved November 26, 1902, shall be returnable to the city court of McRae, established by this Act, as well as any other process, subp[oelig]na, summons, or rule nisi, or scire facias in any case which for any cause remains undisposed of. All jurors, witnesses and parties required by summons, subp[oelig]na, or other process to be and appear at, serve and answer at the July term, 1905, or any previous term of said city court of McRae, as established by the Act approved November 26, 1902, is hereby required to be and appear, serve and answer, in lieu thereof, to the August term, 1905, of the city court of McRae, as established under this Act. All records, books and papers, disposed of and on file in the city court of McRae, as established by the Act of November 26, 1902, as well as all fi. fas., or other processes not satisfied, and now in the hands of the clerk, sheriff or his deputies, or other proper officers shall be filed and deposited with the proper officers of the city court of McRae, as established under this Act, and be by said officers legally executed and disposed of as if issued by the proper officers of this court established under this Act, as in other cases. Pending cases, records, etc., in former City Court

Page 291

SEC. 46. Be it further enacted by the authority aforesaid, That in the event that the convicts from said city court of McRae shall be hereafter taken charge of by the ordinary or commissioners or roads and revenues of Telfair county, and by them put to work on the road or other public works of said county, it shall be their duty, and they are hereby required to pay over to the clerk of said city court, before they take charge of said convicts, the full amount of costs due the officers of said court in each case, and also the amounts due the justices of the peace and arresting officers in each case bound over, to which they may be entitled in said cases. Costs in criminal cases. SEC. 47. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said city court of McRae, appointed by the judge thereof, and all civil cases in said court shall be reported at the request of either the plaintiff or defendant, and the fees for reporting such cases to be the same as allowed for similar services in the superior courts, to be paid by plaintiff and defendant equally, and upon the final disposition of the case the whole of said fees to be taxed against the losing party as other costs. And in all criminal cases tried in said city court, the defendant shall, upon request, have the right to have the case reported, the fees for the same to be the same as allowed for similar services in the superior courts, to be paid by the defendant. And said stenographer shall have the right to enforce the collection of said fees as do the stenographers in the superior courts of said State. Stenographer. SEC. 48. Be it further 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, 1905. CITY COURT OF MILLER COUNTY, ESTABLISHED. No. 188. An Act to establish a city court in and for the county of Miller; to define its powers, jurisdiction, procedure, and practice; 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.

Page 292

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 Miller county be, and the same is, hereby created and established, to be organized, located and held in the city of Colquitt, Miller county, Georgia, with civil and criminal jurisdiction over the whole county of Miller, concurrent with the superior court to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, except those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Miller; that the jurisdiction herein conferred shall include not only the ordinance suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the superior courts, either under the common law or statute, including, among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages and quo warrantos. City Court of Miller county, jurisdiction. SEC. 2. Be it further enacted, That said city court of Miller shall have jurisdiction of all suits, regardless of the amount involved or claimed therein, brought to recover personal property or involving the title to personalty; and any and all provisions in this Act limiting the jurisdiction of said court in civil cases as involve not less than fifty dollars shall not affect or apply to suits brought to recover personal property or involving the title to personalty. Suits involving personalty SEC. 3. Be it further enacted, That said city court shall have concurrent jurisdiction with the superior court of all appeals and certioraries from all inferior courts in said county, except the court of ordinary, said appeals and certioraries to be had under the rules governing such remedies in the superior court. The said city court judge is hereby given authority to sanction petitions for certiorari returnable to said city court. The writs of certiorari shall be issued in five days after filing the petition, and sanctioned and made returnable to the first quarterly term after twenty-five days from the date of said writ. As to everything else relating to certioraries the same rules shall apply as the superior court. Appeals shall be returned to the quarterly terms and stand for trial at the first term after ten days from the time of entering the appeal. Appeal and certiorari.

Page 293

SEC. 4. Be it further enacted, That there shall be a judge of said 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 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 six hundred dollars ($600) per annum, which shall neither be diminished nor increased during his continuance in office, except to apply to a subsequent term in office, and which shall be paid quarterly by the treasurer of the county of Miller; and it shall be the duty of the ordinary of said county, or other proper officers, to make provision 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. Judge, salary. SEC. 5. Be it further enacted, That no one shall be eligible to the office of said judgeship unless he be, at the time of his qualification, at least twenty-six years of age and a resident of Miller county for four years immediately preceding his appointment. He shall before entering upon the duties of his office take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Miller county, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States, so help me God, which oath shall be filed in the Executive Department. Qualifications and oath. SEC. 6. Be it further enacted, That there shall be a solicitor of the said city court of Miller county, to be appointed by the Governor, with the approval of the Senate, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment in the like manner. If the Senate be not in session at the time of said appointment or shall fail to act thereon, such appointment shall be subject to the confirmation of the Senate at any session thereafter, and in the meantime the person appointed by the Governor shall hold and fill said office. Solicitor. SEC. 7. Be it further enacted, That any person who shall be

Page 294

appointed solicitor of said city court must, at the time of such appointment, be at least twenty-two years of age, must have been a resident of Miller county for two years immediately preceding his appointment, and have practiced law at least two years before his appointment. Said solicitor, before entering upon the duties of his office, shall give bond with good security, in the sum of one thousand dollars ($1,000), conditioned for the faithful discharge of the duties of his office, and shall take and subscribe the following oath: I do solemnly swear that I will support and maintain the Constitution and laws of the State of Georgia, and that I will faithfully and impartially and without fear, favor of affection, discharge my duties as solicitor of the city court of Miller county, so help me God, which oath shall be filed in said court and be recorded on its minutes. Qualifications and oath. SEC. 8. Be it further enacted, That for his services in said court the fees of the solicitor shall be as follows: For every case finally disposed of in said court, founded upon accusations, ten ($10.00) dollars; for every indictment or special presentment finally disposed of in said court, ten ($10.00) dollars, and for all services for which this section does not provide, he shall receive the same fees as are allowed by law to the solicitors-general for similar services in the superior court. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, and the hire of convicts sentenced therein, as hereinafter provided. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of said court. Fees of solicitor. SEC. 9. Be it further enacted, That it shall be the duty of the solicitor of said court to represent the State in the Supreme Court on all writs of error from said city court, for which service he shall be paid out of the treasury of the State the same sums paid solicitors-general for similar services. Fees of solicitor in Supreme Court. SEC. 10. Be it further enacted, That the clerk of the superior court of Miller county shall by virtue of his office be clerk of said city court, and shall perform in said city court the same duties that are by law required of him as an officer of the superior court, so far as the same does not conflict with the provisions of this Act. Before entering upon his duties the said clerk shall execute a bond in the sum of one thousand dollars, payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of the said court, and entered on the minutes thereof, and which bond may

Page 295

be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify or to execute said bond, the judge of said city court is hereby authorized to appoint a clerk for said court. Clerk. SEC. 11. Be it further enacted, That the sheriff of Miller county shall, by virtue of his office, be sheriff of said city court. Before entering on the discharge of the duties of his office he shall execute a bond, with good security, payable to the Governor in the sum of two thousand ($2,000) dollars, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said city court and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the sheriff of Miller county shall fail to qualify as sheriff of the city court, the judge of said court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint such deputies as the business of said court may require, who shall give such bonds as are required of other deputy sheriffs. Sheriff. SEC. 12. Be it further enacted, That the judge of the city court of Miller county is empowered to exercise the same authority over the clerk and sheriff and deputy sheriffs of said court as may be exercised by the judge of the superior court over the clerk and sheriff and deputy sheriffs in the superior courts of said State. Authority of judge. SEC. 13. Be it further enacted, That the fees of the clerk and sheriff of said court shall be the same as are now or may hereafter be allowed by law to the clerk of the superior court and to the sheriff of the county, except as is hereinafter provided. In criminal cases where no indictment has been found, the clerk shall only receive three dollars. In civil cases, including claim cases, illegalities and appeals where the principal amount claimed or involved does not exceed one hundred dollars, the cost of the clerk for the entire service shall be two dollars and the sheriff's cost shall be one dollar for each copy delivered by him, and in cases where the principal amount does not exceed five hundred dollars and is not less than one hundred dollars, the clerk's cost for the entire service shall be three dollars. For summoning juries at each term of said court, the sheriff shall receive five dollars, and for their attendance at the regular terms of said court the sheriff and clerks shall each receive two dollars per day, to be paid in the same manner as they are now paid for similar service in the superior court. Fees of clerk and sheriff.

Page 296

SEC. 14. Be it further enacted, That the judge of the city court of Miller county shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, to take affidavits, and to issue any other writ, warrants, order or process, the power which is not given exclusively to some other court, judge or officer by the Constitution of this State, and said judge, solicitor, clerk, sheriff and deputies shall have power to administer all oaths and do all other official acts pertaining to their offices, respectively, as the judge and other officers of the superior court may in like cases do; said judge shall also have power to issue writs of habeas corpus, and hear and determine the same as judges of the superior courts may do; to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act; and said judge of the city court of Miller county shall have all the power and authority throughout his jurisdiction of judges of the superior courts of this State, except where, by the Constitution, exclusive power and authority are vested in the judges of the superior court; and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court so far as the same may be applicable, except as herein provided. Powers of judge and officers. SEC. 15. Be it further enacted, That the regular terms of the said court of Miller county shall be held quarterly, beginning on the second Monday in March, June, September and December of each year. The judge of said court shall have power to hold said court in session so long as in his judgment the same may be necessary, and to adjourn the same from one day to another as he may see proper. Terms of court. SEC. 16. Be it further enacted, That suits in said court shall in all respects be conformable to the modes of proceeding in the superior court, except as herein provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Miller county, or his deputy, and all executions issuing from said court shall be attested in the name of the judge, and signed by the clerk, and directed to the sheriff or his deputy of the city court of Miller county, and all and singular the sheriffs or their deputies of the State of Georgia. Pleading and practice. SEC. 17. Be it further enacted, That in all matters pertaining

Page 297

to service and pleading and practice and other legal procedure, the law governing in the superior court shall be applicable to said city court, unless otherwise provided in this Act. Pleading and practice. SEC. 18. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that either party in any civil cause pending in said court shall, upon demand, be entitled to a trial by jury, in all cases in which said parties may be entitled to a trial by jury under the Constitution and laws of the State. Trials. SEC. 19. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claim shall be tried in the same manner as claims in the superior court, except that the pleadings in the case shall make issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other courts. Claims to personalty SEC. 20. Be it further enacted, That all laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to said city court so far as the nature of the city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior court, and all attachments returnable to the city court of Miller county shall be directed to the sheriff of the city court of Miller county and to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the city court, or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachments and garnishments. SEC. 21. Be it further enacted, That the garnishment proceeding in the city court shall be conformable to the laws on the subject applicable to the superior court. Garnishment. SEC. 22. Be it further enacted, That all proceedings to make parties in any cause in the city court shall conform to the laws on that subject in the superior court. Parties SEC. 23. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations and all other legal procedure, examination of witnesses by interrogatories, deposition or otherwise, witnesses and their attendance, continuance, motions for new trial, and all matters pertaining to

Page 298

pleading and practice, and all matters of a judicial nature within the jurisdiction of the city court, shall be applicable to said city court, unless otherwise provided. Pleading and practice. SEC. 24. Be it further enacted, That said city court of Miller county shall be a court of record, and shall have a seal, and the minutes, dockets, records and other books and files that are required by law to be kept for the superior court shall be kept in and for said city court, and in the same manner; and all laws applicable to the duty of the clerk and sheriff of the superior court shall apply to them in the said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 25. Be it further enacted, That all laws regulating the enforcement of the judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales had thereunder under the same rules and laws regulating the same in the superior court. Judgments. SEC. 26. Be it further enacted, That the judge of the city court of Miller county shall have power to enforce his orders, preserve order, punish for contempt and to enforce all his judgments in the same manner as judges of the superior court. Powers of judge. SEC. 27. Be it further enacted, That the traverse jurors in the city court of Miller county shall be procured in the following manner: The clerk of said court shall provide a city court jury-box, similar to the traverse jury-box of the superior court, and shall write upon separate pieces of paper the name of each person upon the grand jury and petit jury list of the superior court, and shall place said names in the city court jury-box, from which shall be drawn the traverse jurors in the city court. All laws with reference to the drawing and summoning and impaneling traverse jurors in the superior court shall apply to the city court of Miller county; provided, that the number of jurors so drawn shall be twenty-four instead of thirty-six, as provided for in the superior courts; and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in the said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are or may hereafter be paid. Jurors. SEC. 28. Be it further enacted, That all laws with reference to the disqualification, impaneling, challenging, fining, or in anywise relative to jurors, now in force or hereafter to be enacted, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the

Page 299

provisions of this Act. In all cases where issues are to be tried by a jury, the parties shall be entitled to twenty-four jurors from which to strike. In all civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory challenges and the State five, and all laws and rules governing the selection of jurors in the superior courts shall apply to the city court, unless otherwise provided in this Act. Juries. SEC. 29. Be it further enacted, That in all civil cases pending in said court, in which a jury is demanded by either party, a jury trial shall be had in the term time under the provisions of this Act by a jury of twelve men. All civil cases in which no jury is demanded by either party shall be tried by the court in term time. All criminal cases shall be tried by the court either in term time or in vacation, and said court shall be open for the trial of criminal cases at all times. If at any time a defendant shall demand a trial by jury, and no jury shall then be in attendance upon the court, the said defendant shall be admitted to bail for his appearance at the next regular term of said city court, when said cases shall be tried by jury as herein provided. Trials. SEC. 30. Be it further enacted, That defendants in criminal cases in said city court of Miller county may be tried on written accusation founded on affidavit, which accusation shall be signed by the prosecuting officer of said court. No person charged with an offence within the jurisdiction of said city court shall have the right to demand indictment by the grand jury of Miller county before trial. Accusation. SEC. 31. Be it further enacted, That if, after hearing the evidence on any trial, it shall appear to the court that the offense is beyond the jurisdiction thereof, the trial shall be discontinued, and the accused committed or bound over to the next superior court, according to the law of bail and commitment, and the proceeding shall be transmitted to the superior court. Appearance bonds to Superior Court. SEC. 32. Be it further enacted, That the judge of the superior court may send down from the superior court of Miller county to said city court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of said courts; provided, this section shall not apply to those presentments or indictments under which no arrests have been made or those under which arrests have been made and the bond of the defendant forfeited. Transfers from Superior Court.

Page 300

SEC. 33. Be it further enacted, That the judge of the city court may, in his discretion, pass an order transferring to the superior court of Miller county for trial any criminal cases in which said judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Transfers to Superior Court. SEC. 34. Be it further enacted, That the judge of said court shall have the same power to appoint bailiffs at any term of the court that the judges of the superior courts have. Bailiffs. SEC. 35. Be it further enacted, That writs of error shall be from the city court of Miller county to the Supreme Court of this State upon bills of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions, and the issue of writs of error in the superior courts of this State. Writs of error. SEC. 36. Be it further enacted, That no judgment, order, sentence, or decree of the said city court, or the judges thereof, shall be reviewed by writ of certiorari. Certiorari. SEC. 37. Be it further enacted, That the judge of the city court of Miller county shall have power to grant new trials in all cases, civil and criminal, in said court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions for new trials in the superior courts, and the hearing and the termination thereof, in vacation or term time, shall apply and govern the same in said city court; provided that when a criminal case is heard at other than the regular term time of said court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause shown; 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 trial. SEC. 38. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all laws, rules and practices in the superior courts with reference to the terms thereof shall apply to the city court of Miller county, unless otherwise provided in this Act; provided that all civil cases in said court, where the principal sum claimed or involved does not exceed one hundred dollars, shall be triable at the first term after service has been duly had on the defendant, and shall then be heard and determined, unless continued in the manner provided

Page 301

by law; and in such cases should no defense or plea be filed on the first day of the first term, or should such defense or plea be stricken by the court, a judgment may be rendered by the court or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court. Appearance and trial terms SEC. 39. Be it further enacted, That whenever the judge of said city court, for any cause, is disqualified from presiding in any case, and the judge of the superior court shall fail to preside in said court as provided in the Constitution of this State, or is not present when said case is called on the docket, then, upon consent of parties, or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge pro hac vice. SEC. 40. Be it further enacted, That the ordinary or county commissioners of said county shall have power and authority to hire the convicts of said city court, under and subject to the laws and regulations governing the hiring out of midemeanor convicts of this State, and the money arising from such hire shall constitute a part of the insolvent fund of said court, and shall be paid out by said judge, together with fines and forfeitures, as provided in section 788 of volume 3 of the Code of Georgia of 1895, which said election is hereby made applicable in its provisions to the city court of Miller county. Convicts, disposition of. SEC. 41. Be it further enacted, That the ordinary of Miller county, or other proper authorities, shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery necessary to run said city court, and that said city court shall be held in the courthouse of Miller county, or such other place in the city of Colquitt as the superior court of said county may be held. Books, etc. SEC. 42. Be it further enacted, That the several justices of the peace of the county of Miller in admitting defendants to bail in misdemeanor cases, and all other officers or parties taking bond for the appearance of any defendant who stands charged with a misdemeanor, shall make the same returnable to the city court of Miller county, to be tried on the next Monday at 10 o'clock a. m., succeeding and following said commitment. Appearance bonds. SEC. 43. Be it further enacted, That upon the failure of the defendant to appear and answer to any charge he may stand accused of in said city court at the time named in the bond, said bond shall be forfeited under the same rules and regulations as bonds are now forfeited in the superior court, and the order of forfeiture

Page 302

and scire facias shall issue on said day of non-appearance, and the fees of the officers of said court in such cases shall be the same as are allowed by law to officers of the superior court for like services, and the subsequent proceedings shall be the same as now prescribed by law. Forfeiture of bonds. SEC. 44. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of Miller county shall be, and are, hereby transferred to said city court of Miller county, and the same shall be placed upon the proper, dockets in said city court. All final and other processes now in the hands of the sheriff, bailiffs or other officers which are made returnable to the county court shall be by them returned to said city court, instead of said county court. The judge and the other officers of said city court shall have power and authority to issue and enforce, in the name of said court, any and all processes in any case from the county court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the county court; all records, books and papers disposed of and of file in said county court shall be filed and deposited with the clerk of the city court; all fi. fas. and final processes not satisfied now in the hands of the sheriff of said county shall be levied and enforced by the sheriff of said city court, and returns thereof made in said city court. Transfers from County Court. SEC. 45. Be it further enacted, That this Act shall take effect upon the approval of an Act of the present General Assembly to incorporate the city of Colquitt, in the county of Miller, said State, but this Act shall not become effective until the Act above mentioned shall become a law. SEC. 46. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 16, 1905.

Page 303

CITY COURT OF MONROE, ESTABLISHED. No. 208. An Act to establish the city court of Monroe, in and for the county of Walton, to define the powers and jurisdiction of the same, to provide for the appointment of the 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 to the Supreme Court by writ of error, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city court of Monroe, to be located in the city of Monroe, in the county of Walton, is hereby established and created with civil and criminal jurisdiction over the whole county of Walton, concurrent with the superior court to try and dispose of all civil cases of whatever nature, wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, except those of which the Constitution of this State has given to the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Walton; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the superior courts, either under the common law or statute, including among others attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages and quo warranto. City Court of Monroe, 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 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

Page 304

a salary of one thousand dollars per annum; provided the grand jury of superior court of said county at any spring term of said court is hereby authorized and empowered to increase said salary not to exceed fifteen hundred dollars, which said increase of salary shall not accrue to the then incumbent of said court during the term then being served, which salary shall be paid monthly by the treasurer of the county of Walton, and it shall be the duty of the ordinary of said county, or other proper officer, to make provision annually and levying the taxes for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. Judge. 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 Walton county for at least two 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 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 Monroe, of this State, according to the best of my ability and understanding, agreeably with the laws and Constitution of this State, and the Constitution of the United States, so help me God. Which oath shall be filed in the executive department. Qualifications and oath. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, appointed by the Governor, by and with the consent and advice of the Senate, whose term of office shall be four years, and whose duties shall be to prosecute for all offenses cognizable before said court. All vacancies in said office shall be filled by appointment by the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at its next session thereafter. The solicitor shall receive the same fees for each written accusation that are allowed the solicitor-general for each indictment in the superior court, and his fees for all other services rendered shall be the same as are allowed the solicitor-general of the superior court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall

Page 305

receive the same fees as are allowed the regularly appointed solicitor of said court. Solicitor. Fees. SEC. 5. Be it further enacted by the authority aforesaid, That no one shall be eligible to the said office of solicitorship unless he be, at the time of his qualification, at least twenty-five years of age, and shall have resided in the county aforesaid for three years immediately preceding the election to office, and must have practiced law for three years. The solicitor of said city court of Monroe shall for his services in the Supreme Court be paid out of the treasury of the State, in the same manner as the solicitor-general of the superior court is paid for like services rendered in the Supreme Court. The said solicitor of said city court of Monroe shall before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Monroe, and will take only my lawful fees of office, so help me God. Which oath shall be immediately forwarded to the Governor and filed in the executive department. Said solicitor of said city court of Monroe shall also give bond with good security, in the sum of one thousand dollars, made payable and conditioned the same as bonds of the solicitors-general of this State, which bond shall be filed and kept in the same manner as the bonds of the solicitors-general are filed and kept. Qualifications and oath. SEC. 6. Be it further enacted by the authority aforesaid, That the sheriff of Walton county shall be ex-officio sheriff of said city court of Monroe, and in his official connection with said court shall be known as the sheriff of said city court of Monroe. Said sheriff shall not be required to give an additional bond for the faithful discharge of his duties, but all the liabilities attached to the sheriff of the superior court shall attach to the office of sheriff of the city court of Monroe, and the official bond given by him as sheriff of the county of Walton shall be held liable for the faithful performance of his duties as said sheriff of the city court. Sheriff. SEC. 7. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Walton county shall be ex-officio clerk of the city court of Monroe, and in his official connection with said court shall be known as the clerk of the city court of Monroe. He shall have power to appoint a deputy or deputies. All duties and liabilities attached to the clerk of the superior court shall be attached to the office of the clerk of the city court of Monroe. He shall not be required to give a bond in addition to that already given as clerk of the superior court, but the bond

Page 306

already given by him as clerk of the superior court shall be held liable for the faithful performance of his duties as clerk of the city court of Monroe, and the judge of said city court of Monroe is empowered to exercise the same authority over said clerk and sheriff and his deputy or deputies, as is exercised by the judge of the superior court over the clerk of the superior court, and the sheriffs of the counties of Georgia. Clerk. SEC. 8. Be it further enacted by the authority aforesaid, That the clerk of said city court shall be paid two dollars per day, and the sheriff thereof three dollars per day, for attendance upon said court, and unless otherwise specified in this Act, they and their deputies shall receive for all other services the same fees as are allowed by law for like services in the superior court, and for services rendered when no compensation is provided by law, they shall receive such compensation as the judge of said city court shall, in his sound discretion, allow. They shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees of clerk and sheriff. SEC. 9. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as the judge in the superior court. Habeas corpus. SEC. 10. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms for the trial and disposition of criminal business, to be held on the second Monday in each month, and the quarterly terms for the trial and disposition of either or both criminal and civil business, to be held on the first Mondays in January, April, July and October. The first term of said court under this Act shall be held on the second Monday in September, 1905. The terms of such court shall be held at the courthouse in the city of Monroe, in said county of Walton, for, which when necessary juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court shall, in his discretion, hold his court at the same place, at any other time than the regular term for the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interest of the State and the accused, and may also hold adjourned terms of the regular monthly and quarterly terms of said city court for which he may draw new

Page 307

juries, or require the attendance of the same as in his sound legal discretion may seem best. Said city court judge may also in his discretion set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms of court. SEC. 11. Be it further enacted by the authority aforesaid, That suits in said city courts shall, in all respects, be conformable to the mode of proceedings in the superior court, except as hereinafter provided, but the process to writs shall be annexed by the clerk of said city court, be attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Monroe, or his deputies thereof. Pleading and practice. SEC. 12. Be it further enacted by the authority aforesaid, That in all matters pertaining to services, pleadings and practice the laws governing the superior court, when not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Pleading and practice. SEC. 13. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hear and determine without a jury all civil cases over which said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor, by himself or his attorney, in writing, on or before the call of the docket at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Trials. SEC. 14. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the manner as judgments in the superior courts are, but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process of said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk directed to the sheriff or his deputies of the city court of Monroe, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments. SEC. 15. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior courts. Claims to personalty

Page 308

SEC. 16. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process, from said city court shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior courts. Claims to realty. SEC. 17. Be it further enacted by the authority aforesaid, That all laws upon the subjects of attachments and garnishments as to any manner whatever in the superior courts of this State shall apply to the said city court as if named with the superior court, so far as the nature of the city court will permit. Attachments in said court returnable to said court shall be directed to the sheriff or his deputies of the city court of Monroe, and to all and singular the sheriffs and constables of this State, and the judge of said court may, or any justice of the peace or notary public may issue attachments, returnable to said city court under the same law governing the issuing of attachments returnable to the superior court. Attachments and garnishments. SEC. 18. Be it further enacted by the authority aforesaid, That the garnishment and attachments proceedings, and proceedings on distress warrants, in said city court shall be conformable to the laws of the State on the subject in the superior courts. Garnishments. SEC. 19. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in the said city court shall be had as in the superior courts, but scire facias shall run throughout the State and may be served by any sheriff or his deputy thereof. Parties. SEC. 20. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatories, or under subp[oelig]nas, witnesses and their attendance, continuances or other matters of a judicial nature within the jurisdiction of said city court shall be applicable to said city court. Pleading and practice. SEC. 21. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the laws of the State, and the judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to their office as the judge and other officers of the superior court may in like cases do, and said judge shall have power to attest deeds and other papers and to administer affidavits

Page 309

in all cases anywhere in the State in which by existing laws deeds and papers may be attested, and affidavits administered by justices of the peace of this State, and the judge of said city court shall have all the powers and authority throughout his jurisdiction of judges of the superior courts, and all laws relating to the governing judges of the superior courts shall apply to the said judge of the city court, so far as the same may be applicable, except as herein provided. Powers of judge and officers. SEC. 22. Be it further enacted by the authority aforesaid, That the said city court of Monroe shall be a court of record, and shall have a seal, and the minutes, records, order and other books and files that are required by law and used to be kept for the superior courts shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerks and sheriffs in said superior courts shall apply to those in said city courts, except where they conflict with the provisions of this Act. Court of record. SEC. 23. Be it further enacted by the authority aforesaid, That all laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to the said city court, and executions shall issue and be levied and sale be had there under the same rules and laws regulating the same in the superior courts. Judgments. SEC. 24. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Powers of judge. SEC. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Monroe to prepare and file in his office a complete copy of the traverse jury list of the superior court of Walton county as provided from time to time for such superior court. From said copy so made traverse jurors for said city court shall be drawn in the following manner: The clerk of said city court of Monroe shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for the purpose, and from which shall be drawn 24 traverse jurors, in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid five dollars for summoning said jurors. All exemptions from jury duty now of

Page 310

force in the county of Walton shall apply and be of effect in the said city court; provided that juries for the first term of said court shall be drawn as provided by this Act, on the second Monday in August, 1905. Jurors. SEC. 26. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, empaneling, fining and challenging jurors, now in force in this State or hereafter enacted by the General Assembly, relating to the same in the superior courts, shall apply to and be observed in said court, except where inconsistent with the provisions of this Act. Juries. SEC. 27. Be it further enacted by the authority aforesaid, That the twenty-four jurors drawn and summoned as above provided shall be impaneled and in all cases, civil or criminal, trial by jury of twelve shall be had in said court, when so demanded, but a trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have six strikes, and in criminal cases the defendant shall be entitled to seven peremptory challenges, and the State five; twelve shall thus constitute a jury. When a jury of twelve shall have retired for the purpose of considering a case, the remaining twelve may be used by the parties agreeing to the same, and this shall constitute a legal jury. The jurors, those drawn on the regular panel, and likewise the talesmen which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of two dollars per day, while serving as jurors in said court, the same to be paid under the rules governing the payment of superior court jurors. Trial by jury. SEC. 28. Be it further enacted by the authority aforesaid, That the sheriff of said court is authorized, with the approval of the judge, to appoint at each term of said court not exceeding two bailiffs as officers of said court, who shall receive for their services one dollar and a half per day. Bailiffs. SEC. 29. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused shall in writing demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused may not thereafter have the right to recall such waiver, except in the discretion of the court. If upon the trial of any case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Trials in criminal cases.

Page 311

SEC. 30. Be it further enacted by the authority aforesaid, That the defendants in criminal cases in said city court shall be tried on a written accusation, except on indictments and presentments sent from superior courts, setting forth plainly the offense charged, founded upon an affidavit of the prosecutor, and signed by the solicitor of said city court, and in all criminal cases within the jurisdiction of said city court, the defendant shall not have the right to demand an indictment by the grand jury of Walton county. All the proceedings after accusation shall conform to rules governing like cases in the superior courts, except there shall be no jury trial unless demanded by the accused as hereinbefore provided. In all cases tried the accusation shall set forth the offense charged with the same particularity both as to matter of form and substance as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior courts. Trials in criminal cases. SEC. 31. Be it further enacted by the authority aforesaid, That the judge of the superior court may send down from the superior court of Walton county to said city court for trial and final disposition all presentments and indictments for misdemeanors, and the order transmitting such cases shall be entered upon the minutes of both said courts. Transfers from Superior Court. SEC. 32. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace and notaries public of Walton county to bind over to said city court all persons charged with offenses committed within the limits of Walton county, over which said city court has jurisdiction, there to answer for said offenses. Appearance bonds. SEC. 33. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error. SEC. 34. Be it further enacted by the authority aforesaid, That in all cases in said city courts, the same power and rights as to waivers, pleading or procedure or other matters pertaining to the same shall be allowed and upheld by the laws and rules to parties in said superior courts. Pleading and practice. SEC. 35. Be it further enacted by the authority aforesaid, That all cases now pending and undisposed of in the county court of Walton, both civil and criminal, shall be, and are, hereby transferred to said city court of Monroe, and the same shall be

Page 312

placed upon the proper dockets in said city court, and shall be tried and disposed of as other cases in said city court. All final and other processes now in the hands of the sheriff, bailiff or other officers, which are made returnable to the county court of Walton county, shall be by them returned to said city court of Monroe. The judge and other officers of said city court shall have power and authority to issue and enforce in the name of said city court, any and all processes in any case from the county court of Walton county, necessary to the final disposition of the same, which from any cause have not been issued and forced by the officers of the county court of Walton county; all records, books and papers, disposed of and of file in said county court of Walton county, shall be filed and deposited with the clerk of said city court of Monroe; all fi. fas. and final processes not satisfied now in the hands of the sheriff of said county court of Walton county shall be levied and enforced by the sheriff of said city court of Monroe, and returns thereof made in said city court. Transfers from County Court. SEC. 36. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such a motion must be made and passed upon by the judge of said city court, within five days of the rendition of the judgment complained of, and not afterwards, unless for good cause, but the time may be extended by order 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 and copartners or joint trespassers, in which any one or more resides in the county of Walton, may be brought in said court, whether its jurisdiction is already stated under the same rules and regulations governing such cases in the superior courts, mutatis mutandis, as to copies, second originals, returns and other matters connected with the suit. Joint obligors, etc. SEC. 38. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuances, motions,

Page 313

pleas and practice shall be applicable to said city court and shall obtain therein. Rules of Practice. SEC. 39. Be it further enacted by the authority aforesaid, That the first term of said court to which a civil case is brought shall be the appearance or return term, the second shall be the trial or judgment term, and all the laws, rules and practices in said court with reference to the terms thereof and to the continuance, pleadings and trial of causes therein, shall be the same as in the superior court unless otherwise provided in this Act. Appearance and trial terms SEC. 40. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is, from any cause, disqualified from presiding, and the judge of the superior court can not, from any cause, preside in said court, as provided for in the Constitution, then, upon the consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. Judge pro hac vice. SEC. 41. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or if no direction be given, the court shall be adjourned to the next regular term. Judge, absent. SEC. 42. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said city court shall be applied to the payment of the fees and costs of the solicitor, clerk and sheriff of said city court, including insolvent costs, the same to be distributed pro rata under the same rules and regulations governing the distribution of fines and forfeitures to the officers of the superior courts, the remainder, if any, to be paid into the county treasury; provided, however, that in all cases transferred from the superior court of Walton county to said city court, the solicitor of the superior court shall be entitled to such solicitor's costs as shall have accrued on bills of indictment, or special presentments, up to the time of the transfer; provided, further, that in all cases the magistrate and constables binding over in any preliminary hearing shall be entitled to share as to his costs in the particular case, with the other officers of said city court, upon the same terms in any fines and forfeitures that may arise therefrom. Fines and forfeitures SEC. 43. Be it further enacted by the authority aforesaid, That the ordinary or other proper officer of the county of Walton, shall provide a suitable place in the said city of Monroe, for the holding

Page 314

of said court, and provide the necessary books for keeping the dockets, minutes and records of said city court. Court-house, books, etc, SEC. 44. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1905. CITY COURT OF NASHVILLE, ESTABLISHED. No. 5. An Act to establish the city court of Nashville, in and for the county of Berrien; to define its jurisdiction and powers; to provide for the election of a judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleadings and practice, and new trials in said court, and writs of error therefrom to the Supreme Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city court of Nashville, to be located in the county of Berrien, shall be established and created with civil and criminal jurisdiction over the whole county of Berrien, said court to be held in the city of Nashville, State of Georgia. City Court of Nashville. SEC. 2. Be it further enacted, That said city court of Nashville shall have jurisdiction to try and dispose of all cases of whatever nature, except over which exclusive jurisdiction is vested in other courts; provided, that in civil causes involving less than fifty dollars the defendant shall not be taxed with more court cost than would have been necessary had said cause been brought into a justice court; provided, however, this provision shall not apply in causes over which the justice court has no jurisdiction. Jurisdiction. SEC. 3. Be it further enacted, That said city court of Nashville shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Berrien where the offender under the punishment prescribed is not subject to loss of life or confinement in the penitentiary. Jurisdiction in criminal cases. SEC. 4. Be it further enacted, That there shall be a judge of said city court of Nashville, that said first judge of said court shall be appointed and commissioned by the Governor, said appointment

Page 315

to be confirmed by the Senate, whose term shall expire on January 1, 1907, and until his successor is elected and qualified; his successor as judge of said court shall be elected by the qualified voters of Berrien county at the regular election to be held on the first Wednesday in October, 1906, and once every four years thereafter, whose term of office shall be for four years, and all vacancies in the office of judge shall be filled by an election of the qualified voters of Berrien county, as is now done by law in filling vacancies in the offices of clerks of the superior court. Judge. SEC. 5. Be it further enacted by the authority aforesaid, That the judge of said city court of Nashville shall receive a salary of twelve hundred dollars ($1,200) per annum, which shall not be increased nor diminished during his term of office, and shall be paid monthly out of the treasury of the county of Berrien. Salary of judge. SEC. 6. Be it further enacted, That any person who shall be elected judge of said city court must, at the time of such election, be at least twenty-six years of age, must also have been a resident of Berrien county three years immediately preceding such election, and must also have been a practicing attorney for at least three years before said election; and before entering upon the discharge of his duties, he shall take and subscribe the following oath: I solemnly swear that I will administer justice without respect of persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all of the duties that may be required of me as judge of the city court of Nashville, according to the best of my ability and understanding, according to the laws and Constitution of the State, and of the United States, so help me God, and said oath shall be forwarded to the Governor and filed in the Executive Department. Qualifications and oath of judge. SEC. 7. Be it further enacted, That the judge of the city court of Nashville shall have the right to practice law in all of the courts, except said city court, the Supreme Court on writs of error from said city court, and in any case originating in said court. Judge, privilege of. SEC. 8. Be it further enacted, That there shall be a solicitor of said city court of Nashville, that said first solicitor of said court shall be appointed and commissioned by the Governor, said appointment to be confirmed by the Senate, whose term shall expire on January 1, 1907, and until his successor is elected and qualified; his successor as solicitor of said court shall be elected by the qualified voters of Berrien county at the regular election to be held on the first Wednesday in October, 1906, and once every two years thereafter, whose term of office shall be for a term of

Page 316

two years, and all vacancies in the office of solicitor shall be filled by an election of the qualified voters of Berrien county, as is now done by law in filling vacancies in the offices of clerks of the superior courts. Solicitor SEC. 9. Be it further enacted, That any person who shall be elected solicitor of said court must at the time of such election be at least twenty-three years of age, must also have been a resident of said county of Berrien for two years immediately before such election, and must have been a practicing attorney for at least two years before his election. The solicitor shall have five dollars for preparing each accusation in said court, and all other fees for said solicitor shall be as the solicitor-general of the superior courts of this State, and it shall be the duty of said solicitor to represent the State in the Supreme Court in all writs of error from said city court of Nashville, for which service he shall be paid out of the treasury of the State the same sums paid solicitors-general for similar services. Said solicitor before entering upon the duties of his office shall, in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duties as solicitor of the city court of Nashville, so help me God. Qualification and oath of solicitor. SEC. 10. Be it further enacted, That said judge and solicitor, before entering upon the duties of their said offices, shall each give bond with good security in the sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office, which said bond shall be payable to the Governor, shall be approved by the ordinary of said Berrien county, and all together, with said oath, be entered on the minutes of the court of ordinary of said court by the ordinary, and may be sued on by any person interested. If for any reason the said solicitor shall fail or be disqualified to act, the court shall appoint a solicitor pro tem. Bonds of judge and solicitor. SEC. 11. Be it further enacted, That the clerk of the superior court of Berrien county shall be clerk of said city court, the same duties that are by law required of him as an officer of the superior court, so far as the same do not conflict with the provisions of this Act, and for his services he shall receive the same compensation that he is entitled to receive for similar services in the superior court; provided, that in civil cases, where the principal sum claimed is for less than five hundred dollars, then his cost shall be as is now prescribed by law in county courts. The clerk shall execute a bond for the sum of one thousand dollars, payable to the Governor, conditioned for the faithful discharge of his

Page 317

duties as clerk of said city court, which bond shall be approved by the judge of the said city court, and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify, or to execute said bond, the judge of said city court is hereby authorized to appoint a clerk for said court. Clerk. SEC. 12. Be it further enacted, That the sheriff of Berrien county shall, by virtue of his office, be sheriff of said city court. Before entering upon the discharge of the duties of his office, he shall execute a bond with good security in the sum of three thousand dollars, payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said city court, and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the sheriff of Berrien county shall fail to qualify as sheriff of said city court, the judge of said city court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint deputies as the business of the court may require, who shall give such bonds as are required by deputy sheriffs; said sheriffs shall receive such fees as the sheriffs of Berrien county now or hereafter may be allowed, except in civil cases where the amount involved is less than five hundred dollars, then his fee shall be as is allowed by law to county court bailiffs for such services. Sheriff. SEC. 13. Be it further enacted, That said judge of the city court of Nashville shall be empowered to exercise the same authority over the clerk, sheriff and deputy sheriff of said county as may be exercised by the judge of the superior court over the clerk, sheriff and deputy sheriff in the superior court of said State. Powers of Judge. SEC. 14. Be it further enacted, That the judge of the city court of Nashville shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders, to issue distress warrants, to issue attachments and garnishments, and to hear the same, to attest deeds and other papers, to take affidavits and issue any other writs, warrants, orders or process; the power to issue which is not given exclusively to some other court, judge or officer by the Constitution of the State; said judge, solicitor, clerk, sheriff and his deputies have power to administer oaths and do all other official acts pertaining to their offices, respectively, as the judge and other officers of the superior court may in like cases do. Said judge shall have power to issue writs of habeas corpus and determine the same as the judge of the superior court may do; to cause testimony to be taken to be used de bene esse,

Page 318

and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act, and said judge of the city court of Nashville shall have all the power and authority throughout his jurisdiction of judges of the superior courts of this State, except where, by the Constitution, exclusive power and authority are vested in the superior court judges, and all laws relating to and governing judges of superior courts shall apply to the judge of the said city court, so far as the same may be applicable, except as herein provided. Powers of Judge and officers. SEC. 15. Be it further enacted, That the regular terms of said city court shall be six terms a year, beginning on the second Monday in August, October, December, February, April and June of each year. The judge of said court shall have the power to hold said court in session so long as in his judgment the same may be necessary, and to hold the same open from one day to another, as he may see proper. Terms of Court. SEC. 16. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior courts, except as herein provided; but the process to the writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of said city court of Nashville, or his deputies, and all executions issuing from said court shall be attested in the name of the judge, and signed by the clerk and directed to the sheriff or his deputy of the city court of Nashville, and all and singular the sheriffs or their deputies of the State of Georgia. Pleading and practice. SEC. 17. Be it further enacted, That in all matters pertaining to service, pleading and practice, and all other legal procedure, the laws governing in the superior court shall be applicable to said city court, unless otherwise provided in this Act. Pleading and practice. SEC. 18. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that either party in any civil cause pending in said court shall, upon demand, be entitled to trial by a jury in all cases in which said parties may be entitled to a trial under the Constitution and laws of this State. Trials. SEC. 19. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claim shall be tried in

Page 319

the same manner as claims in the superior court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases, as is practiced in the other courts. Claims to personalty SEC. 20. Be it further enacted, That all laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to said city court so far as the nature of the said city court will admit. The judge of said city court, or any other officer authorized to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing attachments in the superior court, and all attachments returnable to the city court of Nashville shall be directed to the sheriff, or his deputy, of the city court of Nashville, and to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the said city court or his deputy, or any sheriff or constable, or other officer authorized by law to levy attachments, returnable to other courts. Attachments and garnishments. SEC. 21. Be it further enacted, That the garnishment proceedings in said city court shall be conformable to the laws on the subject applicable in the superior court. Garnishment. SEC. 22. Be it further enacted, That all proceedings to make parties in any cause in said city court shall conform to the laws on that subject in the superior court. Parties. SEC. 23. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations, and all other legal procedure, examinations of witnesses by interrogatory, depositions or otherwise, witnesses and their attendance, continuances, motions for a new trial, and all matters pertaining to pleadings and practice, and all matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said court, unless otherwise herein provided. Pleading and Practice. SEC. 24. Be it further enacted, That said city court of Nashville shall be a court of record, and shall have a seal, and the minutes, dockets, records and other books and files that are required by law to be kept for the superior court shall be kept in and for said city court, and in the same manner; and all laws applicable to the duties of the clerk and sheriff of the superior court shall apply to them in the said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 25. Be it further enacted, That all laws regulating the enforcements of the judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions

Page 320

shall be issued and levied and sales be had thereunder under the same rules and laws regulating the same in the superior court, unless otherwise provided in this Act. Judgments. SEC. 26. Be it further enacted, That the judge of the city court of Nashville shall have the power to enforce his orders, preserve order, punish for contempt, and to enforce all of his judgments in the same manner as the judges of the superior courts. Powers of judge. SEC. 27. Be it further enacted, That the filing of all suits in said court shall be as follows: For amounts of five hundred dollars and upwards, they shall be filed at least twenty days before the first day of the return term of said court, and a copy served on the defendant at least fifteen days before the first day of the return term; for amounts under five hundred dollars, they shall be filed at least fifteen days prior to the first day of the return term of said court, to which they are made returnable, and a copy served on the defendant at least ten days before the first day of said court. Practice. SEC. 28. Be it further enacted, That the traverse jurors in the city court of Nashville shall be procured in the following manner: The clerk of said city court shall provide a city court jury-box, similar to the traverse jury-box of the superior court, and shall write upon separate pieces of paper the names of each person upon the grand jury list and the petit jury list of the superior court, and shall place said names in the city court jury-box, from which shall be drawn the jurors to serve in said city court. All laws with reference to the drawing and summoning and the impaneling of traverse jurors in the superior court shall apply to the city court of Nashville; provided, that the number of jurors so drawn shall be thirty instead of thirty-six, as provided for in the superior court, and said city court judge shall have the power to summons tales jurors for said city court that the judges of the superior court have for the superior court; that from said thirty jurors so drawn the judge shall have two panels of twelve each made up and sworn to serve. Jurors in the said city court shall receive each for each day's service as jurors the same amount as is allowed and fixed by the grand jury of said county of Berrien, to be paid to jurors in the superior court of said county, and to be paid in the same manner and under the same rules and regulations as jurors in the superior court. Jurors. SEC. 29. Be it further enacted, That all laws with reference to the disqualification, impaneling, challenging, fining or in anywise relating to jurors now in force, or hereafter to be enacted, regulating

Page 321

the same in the superior court shall apply to and be observed in said city court, except when inconsistent with this Act. In all cases where issues are to be tried by a jury, the parties shall be entitled to twenty-four jurors from which to strike. In all civil cases, each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory challenges and the State five: and all laws and rules governing the selection of jurors in the superior courts shall apply to said city court, unless otherwise provided in this Act. Juries. SEC. 30. Be it further enacted, That all civil cases pending in said city court in which a jury is demanded by either party, a jury trial shall be had in term time under the provisions of this Act, by a jury of twelve men. All civil cases in which no jury is demanded by either party shall be tried by the court in term time. All criminal cases shall be tried by the court either in term time or in vacation and said court shall be open for the trial of criminal cases at all times. If at any time a defendant may demand a trial by jury, and no jury shall then be in attendance upon the court, the judge shall admit the defendant to bail, in event bail is tendered, else remand him to jail, and said case shall stand for trial at the next succeeding term of said court. Trials. SEC. 31. Be it further enacted, That the defendant in criminal cases in said city court of Nashville may be tried on written accusation founded on affidavits, which accusation shall be signed by the prosecutor, the prosecuting officer of said county, or other person. No person charged with an offense within the jurisdiction of said court shall have the right to demand an indictment by the grand jury of Berrien county before trial. Accusation. SEC. 32. Be it further enacted, That if, after hearing the evidence on any trial, it shall appear to the court that the offense is beyond the jurisdiction thereof, the trial shall be discontinued and the accused committed or bound over to the next term of the superior court, according to the law of bail and commitment, and the proceedings shall be transmitted to the superior court. Appearance bonds to Superior Court. SEC. 33. Be it further enacted, That the judge of the superior court of Berrien county may transfer any or all indictments or presentments for misdemeanors to said city court for trial, the order so transferring the same to be entered upon the minutes of both courts. Transfers from Superior Court. SEC. 34. Be it further enacted, That the judge of said city court may, in his jurisdiction, pass an order transferring to the superior court of Berrien county for trial any criminal case in

Page 322

which said judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Transfers to Superior Court. SEC. 35. Be it further enacted, That the judge of said city court shall have the same power to appoint bailiffs at any term of the court that the judges of the superior courts have. Bailiffs. SEC. 36. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried on accusation or indictment in said city court shall be distributed by the judge of said court, under the same rules and regulations as now obtain and govern the distribution of fines and forfeitures arising in said city court after paying the costs accruing in the case wherein such fines and forfeitures arise, shall be, by the judge of said court, paid over to the treasurer of Berrien county; provided, however, that before the said judge pays over said balance to said Treasurer he shall first pay up all insolvent orders held by any officer of said court, or any justice of the peace or constable, who may have an insolvent order on said fund, and which is unpaid, which tresurer shall hold said moneys so turned over to him in trust for the officers of said court, to be paid on insolvent orders for costs; all orders for insolvent costs having priority according to the date such orders are filed with him. Fines and forfeitures SEC. 37. Be it further enacted by the authority aforesaid, That the same laws, rules and regulations governing hire of misdemeanor convicts that have heretofore obtained in the county court of Berrien county shall obtain to the misdemeanor convicts in the city court of Nashville. Money arising from the hire aforesaid, after the payment of fees and costs of the officers of court, shall be paid into the treasury of the county of Berrien. Hire of convicts. SEC. 38. Be it further enacted, That writ of error shall lie from the city court of Nashville to the Supreme Court of this State upon bills of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions and the issue of writs of error in the superior courts of this State. Writs of error. SEC. 39. Be it further enacted, That the judge of the city court of Nashville shall have power to grant new trials in all cases, civil and criminal, in said court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleadings, practice and procedure, governing motions for new trials in the superior courts, and the hearing and determining thereof in vacation or in term time, shall apply to and govern the same in said city court. New trials. SEC. 40. Be it further enacted, That the first term of said court

Page 323

to which a case is brought shall be the appearance term, and the next term thereafter shall be the trial term, or judgment term, and all the laws, rules and practices in the superior court with reference to the terms tererof, shall apply to the city court of Nashville, unless otherwise provided in this Act; provided, that in cases where the amount involved is one hundred dollars or less and in which there is no plea or defense filed, on the call of the appearance docket, or such plea or defense shall be stricken by the court, a judgment may be rendered by the court or verdict taken, as the case may require, at said appearance term. Appearance and trial terms SEC. 41. Be it further enacted, That when the judge of said city court is, for any cause, disqualified from presiding in any case, and the judge of the superior court shall fail to preside in said court, as provided in the Constitution of this State, or is not present when said case is called on the docket, then upon consent of parties or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge pro hac vice SEC. 42. Be it further enacted, That the county commissioners of Berrien county shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all stationery and books necessary to run said court, and that said city court shall be held in the court-house of Berrien county, or such other place in the city of Nashville as the superior court of said county may hold. Court-house, books, etc. SEC. 43. Be it further enacted, That in misdemeanor cases transferred from the superior court to said city court of Nashville the cost of the solicitor-general of the circuit shall be five dollars and fifty cents, to be collected and paid as other cost in said city court. Costs in transferred cases. SEC. 44. Be it further enacted, That the several justices of the peace in the county of Berrien in admitting defendants to bail in misdemeanor cases, and all other officers and parties taking bonds for the appearance of any defendant who shall stand charged with a misdemeanor, shall make the same returnable to the city court ofNashville, to be tried on Monday of the next regular term of said city court at ten o'clock, a. m. Appearance bonds. SEC. 45. Be it further enacted, That upon failure of defendants to appear and answer to any charge he may stand accused of in said city court at the time named in said bond, said bond shall be forfeited under the same rules and regulations as bonds are now forfeited in the superior court, and the order of forfeiture and scire facias shall issue on the day of non-appearance, and

Page 324

the fees of the officers of said city court in such cases shall be the same as allowed by law to officers of the superior court for like services, and the subsequent proceedings shall be the same as now provided by law. Forfeiture of bonds. SEC. 46. Be it further enacted, That for attending on said court while in session the sheriff and clerk shall each receive the sum of two dollars per day, for each day's actual service; provided, that the amount so received shall not exceed the sum of one hundred dollars to each during any one year. Sheriff and clerk, per diem of. SEC. 47. Be it further enacted, That there may be a stenographer of said court, appointed by the judge thereof, and all civil cases in said court may be reported at the request of either party thereto, or the judge in his discretion may, without any request, have such cases reported; and the fees for reporting such cases shall be the same as allowed by law in the superior court, and collected in the same manner. Stenographer. SEC. 48. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of Berrien county shall be, and are, hereby transferred to said city court of Nashville, and the same shall be placed on the proper docket of said city court, and shall be tried and disposed of as are other cases in said city court. All final and other processes now in the hands of the sheriff, bailiff, or other parties, which are made returnable to the county court of Berrien county, are hereby made returnable to the city court of Nashville. The judge and other officers of said city court shall have the power and authority to issue and enforce the same in the name of the city court of Nashville, in any and all processes in any case from the county court necessary to the final disposition of the same, which from any cause has not been issued and enforced by the officers of the county court of Berrien county. All records, books and papers undisposed of and of file in said county court shall be filed and deposited with the clerk of said city court; all fi. fas. and final processes not satisfied now in the hands of the officers of said county court, or other persons, shall be levied and enforced by the officers of said city court. Transfers from County Court. SEC. 49. Be it further enacted, That this Act shall go into effect immediately on its passage and approval by the Governor. SEC. 50. 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 31, 1905.

Page 325

CITY COURT OF PELHAM, ESTABLISHED. No. 46. An Act to establish the city court of Pelham, in the town of Pelham, in Mitchell county; to define its jurisdiction and powers; to regulate proceedings therein, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the city court of Pelham be, and the same is, hereby created and established in the town of Pelham, in the county of Mitchell, said court to have civil and criminal jurisdiction over the territory hereinafter named. City Court of Pelham. SEC. 2. Be it further enacted, That the said city court of Pelham shall be organized and held in the town of Pelham, in Mitchell county, and shall have jurisdiction civil and criminal over all that portion of Mitchell county now embraced in the 1194th district, G. M., of said county. Location and jurisdiction. SEC. 3. Be it further enacted, That said city court of Pelham shall have jurisdiction to try and dispose of all criminal cases where the offender is not subject to loss of life or confinement in the penitentiary, where the offense is committed within the territory over which said court has jurisdiction as set out in section 2 of this Act. Jurisdiction in crimina cases. SEC. 4. Be it further enacted, That except in those cases in which exclusive jurisdiction is vested in the Superior Court by the Constitution and laws of this State, said city court of Pelham shall have jurisdiction to try and dispose of all civil cases, of whatever nature, in which parties, subject-matter, or other jurisdictional element are related to said territory described in section 2 of this Act, in such manner as that it would give to the superior court of Mitchell county jurisdiction of such case if such parties, subject-matter or other jurisdictional element were so related to the territory of Mitchell county. Jurisdiction in civil cases. SEC. 5. Be it further enacted, That the judge, solicitor, clerk and deputies, sheriff and deputies, and all other officers respectively of the city court of Camilla shall be ex officio judge, solicitor, clerk and deputies, sheriff and deputies, and all other corresponding officers respectively of the said city court of Pelham, with such powers and duties as to all proceedings and matters of every nature therein, as are conferred on them respectively as to the city court of Camilla, and all proceedings and matters of every nature whatever therein; said judge to have no extra salary

Page 326

and other compensation for acts done in connection with the said city court of Pelham, other than that already provided for the performance of his duties as judge of the city court of Camilla, and said officers to have the same salary of compensation for services of every character performed in said city court of Pelham, or in reference to matters disposed of therein, as now provided by law for services performed by them in the city court of Camilla, or in reference to matters disposed of therein. Judge and officers. SEC. 6. Be it further enacted, That the solicitor of said city court, as above stated, shall represent the State in all cases therein, and generally perform in said court the duties usually performed by the solicitors-general of the several judicial circuits of the State, so far as they are applicable. In case such solicitor can not at any time attend to the duties of his office, the judge of this court shall appoint some competent attorney to act as solicitor pro tem., who shall receive the fees and emoluments that would otherwise accrue to the solicitor of this court. The said solicitor shall receive the same fee for services rendered as are now allowed by law to solicitors-general of this State, providing that the person acting as solicitor in said court shall have the same fees for drawing the accusations hereinafter provided for as are now allowed to the solicitors-general in the superior courts for drawing bills of indictment. Solicitor. SEC. 7. The sheriff of said county or his deputy shall attend upon said court and serve its writs, processes and orders and other legal papers of the said court and the judge thereof, and shall serve summons of garnishment returnable thereto, and execute and levy attachments returnable to said court, and levy executions issued therefrom, summon juries, and shall make arrests and execute warrants, civil and criminal, and generally perform all of the duties imposed by law on the sheriffs of the various counties of the State, so far as the same may be applicable to this court, and for these purposes the sheriff of the said court is hereby authorized and empowered to serve papers, execute writs, processes, etc., levy fi. fas., attachments, etc., make arrests and execute warrants, and perform any of the acts and duties above required of him, not only in the territory over which said court has jurisdiction, but in and over the entire territory of the said county of Mitchell, in and over which he shall have power and authority, and be entitled to full recognition as an officer as aforesaid when performing the duties and functions above mentioned. Sheriff. SEC. 8. Be it further enacted, That the said clerk and sheriff shall receive the same fees for similar service as are now allowed

Page 327

or may hereafter be allowed by law to said officers in the superior court, except in criminal cases tried on accusation, the clerk shall receive three ($3.00) dollars only, exclusive of fees for issuing subp[oelig]nas, and for their attendance at the regular term of said city court said clerk and sheriff shall receive a per diem of $3.00 each, and the sheriff shall receive a fee of five ($5.00) dollars only for summoning each jury for said court. Clerk. SEC. 9. Be it further enacted, That the judge of said city court shall have the power to issue writs of habeas corpus, to hear and dispose of the same in the same way and with the same power as the judges of the superior courts. Habeas corpus. SEC. 10. Be it further enacted, That the terms of said city court of Pelham shall be held quarterly, beginning on the fourth Mondays in January, April, July and October. The judge of said city court shall have the power to hold said city court in session from day to day for a period not longer than one week from the beginning of each term, or he may adjourn the same to any day designated by him. Said judge shall have the power to call special terms of said court at any time for the disposal of criminal business, by an order for that purpose entered on the minutes of said court at least ten days before said special term convenes, and he may order the jurors drawn at the last preceding regular term of said court to serve at said special term, or he may draw a special jury for said special term; provided, said court may be open at any time for criminal business when jury trial is waived. Terms of court. SEC. 11. Be it further enacted, That suits in said city court of Pelham shall in all respects be conformable to the mode of procedure in the superior courts, except as herein provided, but the process and writs shall be annexed by the clerk of said court, and attested in the name of the judge thereof, and directed to the sheriff of Mitchell county, or his deputies, or in case of the defendant living in county of this State other than the said county of Mitchell, the sheriff or his deputy of the county of such non-resident defendant. Pleading and practice. SEC. 12. Be it further enacted, That all matters pertaining to serving, pleading and practice, the laws governing the superior court, when not inconsistent with this Act, shall be applicable to said city court. Pleading and practice. SEC. 13. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases of which said court has jurisdiction, and to give judgment thereon, provided that any party in any case shall be entitled to a trial by jury upon entering a demand therefor in writing by

Page 328

himself or his attorney, on or before the call of the docket of the said court, to which said case is made returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Trials. SEC. 14. Be it further enacted, That all judgments obtained in said court shall be a lien on all property belonging to defendant or defendants throughout the State, in the same manner as the judgments of the superior courts are, and all executions issued from said city court shall be attested in the name of the judge, and signed by the clerk, and directed to the sheriff and his deputies of Mitchell county, and to all and singular the sheriffs and deputies of this State. Judgments SEC. 15. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said city court, and such claim shall be tried in the same manner as claims are tried in the superior courts of this State. Claims to personalty SEC. 16. Be it further enacted, That claims to real property levied on under execution or other process from the said city court shall be returned to the superior court of the county where such real property is situated, and there proceed as such other claim in the superior court. Claims to realty. SEC. 17. Be it further enacted, That all laws upon the subject of attachment and garnishment, second originals as to any matter whatever, in the superior courts of this State, shall apply to said city court, so far as the nature of said city court shall admit. Attachments in said city court shall be directed to the sheriff of Mitchell county or his deputies, and to all and singular the sheriffs and deputies of said State, and the judge of the said city court or any justice of the peace may issue attachments returnable to said city court under the same law that governs the issuance of attachments returnable to the superior courts of this State. Attachments and garnishments. SEC. 18. Be it further enacted, That the said city court of Pelham shall be a court of record, and shall have a seal and a minutes, records, orders and other books and files now required by law, and rules to be kept for the superior court shall be kept in and for the said city court in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said court, except when they conflict with the provisions of this Act. Court of record. SEC. 19. Be it further enacted, That scire facias to make parties in any case in said city court shall be had as in the superior

Page 329

court, but such scire facias shall run throughout the State and may be served by any sheriff or deputy thereof. Parties. SEC. 20. Be it further enacted, That the judge of said city court shall have the power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to their offices, as the judge and other officers of the superior court may in like cases do, and the said judge shall also have the power to attest deeds and other papers, and to administer oaths in all cases anywhere in this State, in which by existing laws such papers may be attested and oaths administered by the judges of the superior courts, and the judge of said city court shall have the power and authority throughout his jurisdiction of the judges of the superior courts, except where by law exclusive power and authority is vested in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable. Powers of judge and officers. SEC. 21. Be it further enacted, That the general laws of this State with the regard to commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, making parties, examining witnesses or parties to suits, by interrogatories or under subp[oelig]nas, witnesses and their attendance, continuances or other matters of a judicial nature within the jurisdiction of the said city court, shall be applicable to the said city court unless otherwise herein provided. Pleading and practice, SEC. 22. Be it further enacted, That all laws regulating the enforcement of indictments of the superior courts, whether civil or criminal, shall apply to said city court, and all judgments and proceedings of the said city court shall have the same dignity and binding effect as judgments and proceedings of the superior courts of this State; and that all laws regulating the enforcement of judgments of the superior courts, whether civil or criminal shall apply to said city court, and shall be enforced by execution issued and signed by the clerk or ex officio clerk of said court, and bear attest in the name of the judge thereof, and shall be directed to the sheriff of Mitchell county and his deputies, and to all and singular the sheriffs and deputies of this State, and may be levied and sales made thereunder, according to the laws governing sales under execution from the superior court except that sales of personal property levied on by the sheriff under an attachment, execution

Page 330

or other process issued from said city court, shall be advertised once a week for four weeks as provided by law, in the Pelham Journal, or other newspaper published in the territory of the jurisdiction of said court, and shall be made before the door of the building in which the city court shall be held, under the usual rules of sheriffs' sales, but in case the sheriff shall levy any process from said city court on real estate, he shall proceed to advertise and sell the same, as in the case of levies of superior court process. And special sales of perishable property or property liable to deteriorate or expensive to keep, may be made by the sheriff of Mitchell county under order of the judge of said court, which order said judge is hereby authorized to make upon proper showing under the usual rules and regulations governing said sales as provided in the Code of the State, except that the sales shall occur before the door of the building in which the city court is held, as above provided. All executions, attachments, scire facias, or other processes or writs from said court shall run throughout the State, and may be served or executed by any sheriff or his deputy in the same manner as like writs or processes from the superior court. Judgments, enforcement of. SEC. 23. Be it further enacted, That the judge of said city court shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce all of his judgments, the same as is vested in the judges of the superior courts of this State. Powers of judge. SEC. 24. Be it further enacted, That the clerk of said court shall prepare and file in his office at Pelham, Ga., a complete list of those persons liable to serve as traverse jurors in the superior court of Mitchell county, whose residence is within the territory over which this court has jurisdiction, as provided from time to time for such superior court. From said list, so made, traverse jurors for said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets the name of each traverse juror, and place the same in a box for that purpose, and the judge of said city court, together with the clerk and sheriff, at the close of each term or at any time thereafter, shall draw eighteen jurors from said box, who shall serve as jurors for said city court at its next regular term; that from said panel of eighteen jurors so drawn and summoned, a jury of twelve shall be selected as follows: In all civil cases the plaintiff and defendant shall be entitled to three peremptory challenges each, and in all criminal cases the State and the defendant shall be entitled to three peremptory challenges each. Jurors. SEC. 25. Be it further enacted, That all laws with reference

Page 331

to drawing, summoning and selecting traverse jurors and tales jurors in the superior courts of this State shall apply to said city court, except when inconsistent with this Act. Juries. SEC. 26. Be it further enacted, That the judge of said city court is authorized to appoint at each term of said city court not exceeding two bailiffs as officers of said court, whose compensation, not to exceed $2 per day, shall be paid from the treasury of said county. Bailiffs. SEC. 27. Be it further enacted, That the defendants in criminal cases in said city court shall be tried on written accusation, setting forth plainly the offense charged, founded on affidavit made by the prosecutor. Said affidavit shall be signed by the prosecuting officer of said court. Upon such affidavit and accusation being made and filed in the clerk's office of the 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 shall stand mute, then the judge shall commit him for trial at the next regular or special term of said court. In all cases allowing bail to the defendant, to be fixed by the judge, but the defendant shall not be allowed to demand indictment by the grand jury as a condition precedent to trial. Trial of criminal cases. SEC. 28. Be it further enacted, That the judge of the superior court shall send down and transfer from the superior court of Mitchell county all presentments and bills of indictment for misdemeanor, where such offenses were committed in the territory over which said court has jurisdiction, to said city court for trial, the order so transferring such cases to be entered upon the minutes of both courts. Transfers from Superior Court. SEC. 29. Be it further enacted, That the jurors in said city court of Pelham shall receive for their services for every day in actual attendance the same pay as is allowed jurors in the superior court of Mitchell county, and in the same manner and under the same rules. Jurors, per diem of. SEC. 30. Be it further enacted, That the solicitor of said court shall represent the State in the superior and Supreme courts in all cases carried up from said city court, and shall for his services in the Supreme Court be paid out of the treasury of the State, by warrant drawn by the Governor, upon certificate of the clerk of the Supreme Court as to the performance of such services, and the certificate of the clerk of said city court as to the insolvency or acquittal of the defendant. Solicitor, fees of in Supreme Court. SEC. 31. Be it further enacted, That it shall be the duties of

Page 332

all the justices of the peace and all notaries public in Mitchell county to bind over to the city court of Pelham all persons charged with offenses over which said city court has jurisdiction, to answer for said offense. Appearance bonds. SEC. 32. Be it further enacted, That whenever the judge of said city court is disqualified from presiding, then, upon the consent of the parties, or upon the failure to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as is now provided for in the superior court, and in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk thereof may adjourn it to such time as the judge in writing may direct, or if no direction be given, the court shall be adjourned to the next regular term, and the judge of any city court of this State may, upon the request of the judge of the said city court of Pelham, preside in any case in said city court, whether said judge of the city court of Pelham be disqualified or not. Judge, absent. SEC. 33. Be it further enacted, That where said city court shall have jurisdiction of suits against one or more obligors, joint commissors, joint trespassers, joint tort feasors or copartners, or other indorsers of promissory notes, shall reside outside of the territorial limits of the said city court of Pelham, and within the county of Mitchell, or any other county or counties of this State, suit may be brought in the said city court of Pelham by the same action against all the joint obligors, joint commissors, joint tort feasors or copartners, and against the maker and indorser or indorsers of promissory notes; and in such cases where the other defendant or defendants reside in the county of Mitchell outside of the territorial limits of said court, the sheriff of said court may make service upon him or upon them in the usual way, just as if he lived within the said limits, and where the defendant or defendants reside in another county in this State, then the second original or original and copies thereof shall be made and forwarded to the sheriff of such other county or counties, respectively, to be served and returned with proper entries, etc., as is done in like cases in the superior courts of this State. Joint obligors, etc. SEC. 34. Be it further enacted, That the judge and sheriff of said city court are hereby authorized to use the jail of the town of Pelham, or the county jail of the county of Mitchell, either or both as they see proper, for the purposes of said court, either for the detention of the accused before trial, or for imprisonment after trial and conviction, and if the county jail is thus brought into use, the expenses are to be paid out of the county funds, as in cases of conviction from the county or superior courts. Jail.

Page 333

SEC. 35. Be it further enacted, That any civil cases pending at any time in the superior court of said county, or in the city court of Camilla, over which the city court of Pelham would have had jurisdiction had it been brought in the said city court of Pelham, may, by consent of all parties or their counsel, be transferred at any time to the said city court of Pelham for trial or disposition therein, in the same manner as if it had in the first instance been brought in the said city court of Pelham, and in like manner cases may be transferred by consent of all parties or their counsel to the city court of Camilla or the superior court of said county for trial and final disposition therein. Transfers from Superior Court. SEC. 36. Be it further enacted, That from said city court of Pelham there shall be no appeal, but all errors committed by the said city court of Pelham or the judge thereof, in judgments or rulings, or otherwise in the handling of cases, or in other matters in said court, or before said judge, may be corrected by writ of certiorari, returnable to the superior court of Mitchell county; such certiorari to be issued, heard and determined like certioraries from justice and other inferior courts, as is now or may be hereafter prescribed by law. Said certioraries may be heard by the judge of the superior court of said county either in term time or in vacation. Certiorari. SEC. 37. Be it further enacted, That the session of said court shall be held at any public building in the county or municipality situated within the corporate limits of the town of Pelham, and in any other building in said town that may be selected as the place for holding said court by the county commissioners of Mitchell county, by order duly entered on their minutes (they having the power to change the place whenever they think best), and the clerk of said court shall by a competent and efficient deputy keep the records and all documents of every nature pertaining to said court in said building, or in such place in the town of Pelham as may be designated by the county commissioners aforesaid, at all times accessible to the public, so that said deputy and books and documents shall at all times be accessible to the public during reasonable office hours each day; and it shall be the duty of said sheriff to have at least one competent and efficient deputy resident in said district at all times, whose special duty it shall be to perform duties relative to the said city court of Pelham, and all bills for stationery, room rent, or other like necessary expenses of said court shall be made by the said county commissioners of Mitchell county and paid out of the treasury of Mitchell county. Courthouse, books, etc

Page 334

SEC. 38. Be it further enacted, That the fines and forfeitures in said court shall be distributed in the same manner as in the city court of Camilla, and whenever the convicts of said court are worked on the roads of Mitchell county, then the county commissioners of said county shall immediately upon the receipt of each convict pay to the officer delivering the same the full amount of all costs accrued to justice of the peace, constables, sheriffs, clerks, solicitor and others in the prosecution of the case in which such convict was sentenced. Fines and forfeitures 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 22, 1905. CITY COURT OF QUITMAN, ACT CREATING AMENDED. No. 273. An Act to amend an Act approved August 11, 1904, establishing the city court of Quitman, so as to change the terms of said court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 14 of an Act approved August 11, 1904, establishing the city court of Quitman, in and for the county of Brooks, be amended as follows: By striking therefrom the words in the third, fourth and fifth lines thereof The quarterly terms to be held on the fourth Wednesdays in January, April, July and October, and by inserting in lieu thereof the words: The quarterly terms to be held on the second Wednesdays in March, June, September and December, so that said section, when amended, shall read as follows: Sec. XIV. Be it further enacted, That the terms of the said city court of Quitman shall be monthly and quarterly. The monthly terms to be held on the third Wednesdays in each month and the quarterly terms to be held on the second Wednesdays in March, June, September and December. The terms of such court shall last until the business is disposed of, or the judge may, in his discretion, hold adjourned terms and may set cases for trial

Page 335

at convenient times, and the same may then be tried as of term, whether court has been from day to day until said time or not; provided, that said court shall be finally adjourned at least five days before the next succeeding term either monthly or quarterly. The judge of said city court shall, in his discretion, hold his court at any other time than the regular term for the speedy transaction, consistent with the interest of the State and the accused, of criminal business which does not require a jury. City Court of Quitman. Terms. 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 21, 1905. CITY COURT OF REIDSVILLE, ESTABLISHED. No. 414. An Act to establish city court of Reidsville, in the city of Reidsville, Tattnall county, Georgia, to define its jurisdiction and powers, to provide for the election of a judge and solicitor thereof, to define their powers and duties, and fix their compensation, to provide for a clerk and sheriff thereof and prescribe their duties and fees, to provide for pleading and practice in said court, to provide for new trials therein and for the carrying of cases therefrom to the Supreme Court direct by bill of exceptions or writ of error, to provide that no party prosecuted in said court for a criminal offense shall have a right to demand an indictment by the grand jury of Tattnall county, to provide for the transfer of all misdemeanor indictments not disposed of at the term of the court at which they are found from the superior court of Tattnall county to the city court of Reidsville, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby by the authority of the same, That from and after the passage of this Act the city court of Reidsville is hereby established, to be organized, located and held in the city of Reidsville, in Tattnall county, Georgia, with civil and criminal jurisdiction over the entire county of Tattnall. City Court of Reidsville. SEC. 2. Be it enacted by the authority aforesaid, That said city court of Reidsville shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which

Page 336

exclusive jurisdiction is vested in other courts by the Constitution of Georgia; provided, that in all cases brought in said city court for the principal sum of one hundred dollars, or less, the defendant shall not be liable to pay more than justice court costs. Jurisdiction. SEC. 3. Be it enacted by the authority aforesaid, That said city court of Reidsville shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Tattnall, where the offender is not subject to loss of life, or confinement in the penitentiary; and no defendant prosecuted in the city court of Reidsville for any misdemeanor shall ever have the right to demand an indictment by the grand jury of Tattnall county. 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 Tattnall, 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 and shall serve until the election and qualification of his successor. The first election for said judge shall be held at the general election in October, 1908, under the rules and regulations governing the election of members of the General Assembly; and the judge elected on said date shall go into office on the first day of January, 1909, and hold his office for a period of four years, and until his successor is elected and qualified. His successor shall be elected at the general election for members of the General Assembly every four years thereafter and go into office on the first day of January after he is elected. The time of election and term of office shall be the same as the ordinary of Tattnall county. Immediately after this Act is approved by the Governor of this State, the said Governor shall appoint a judge of said court to serve from the time of his appointment until the first day of January, 1909. The said appointment shall be with the advice and consent of the Senate; provided, the Senate is in session, and if it is not in session there shall be a vacation appointment to hold until the next session of the Senate. The qualification of said judge shall be that he has been a practicing attorney for two years and a resident of Tattnall county for four years immediately preceding his appointment, or election, as judge of said court; and shall, before entering upon the discharge of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without

Page 337

respect to person, and do equal justice alike to rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of city court of Reidsville, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be filed in the Executive Department. The judge of said court shall receive a salary of $900.00 a year, which shall not be increased or diminished during his continuance in office, except to apply to a subsequent term, and which shall be paid monthly by the treasurer of Tattnall county out of any funds in his hands for paying the current expenses of the said county. The judge of said court shall receive no other compensation for his services. He shall not be permitted to practice law in his own court, but may practice in any other court. Judge. SEC. 5. Be it enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be elected by the qualified voters of Tattnall county, at the same time and in the same manner as the judge of said court, whose term of office shall be four years, and until his successor is elected and qualified. The time and the manner of filling the solicitor's office from the time this Act becomes operative until the first day of January, 1909, shall be the same as that of judge of said court. All vacancies in the solicitor's office shall be filled as vacancies in the office of judge of said court. The qualifications of said solicitor shall be that he has been a practicing attorney for one year and a resident of Tattnall county for four years immediately preceding his election, or appointment. The duties of the solicitor shall be to prosecute all offenses cognizable before said city court. The said solicitor shall receive the same fees for each written accusation as are allowed a solicitor-general for a misdemeanor indictment in the superior court, and his fees for all other services shall be the same as are allowed the solicitor-general of the superior court for his services in misdemeanor cases. 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 regular elected solicitor of the said city court. Solicitor. SEC. 6. Be it 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 State in the same manner as the solicitor-general of the superior court is paid for like services rendered in the Supreme Court. Fees of solicitor in Supreme Court. SEC. 7. Be it further enacted by the authority aforesaid, That

Page 338

the clerk of the superior court of Tattnall county and his deputies shall be ex officio clerk and deputies of said court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on a book of minutes of said city court. He shall also, before entering on the duties of his office, execute a bond with good security, in the sum of one thousand dollars for the faithful discharge of his office. Clerk SEC. 8. Be it enacted by the authority aforesaid, That the sheriff of Tattnall county shall be ex officio sheriff of said city court of Reidsville, and in his official connection with said court he shall be known as the sheriff of the city court of Reidsville. Before entering upon the discharge of the duties of his office said sheriff shall execute a bond with good security in the sum of five thousand dollars for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy or deputies as provided in the Code of Georgia for the appointment of deputy sheriffs. Sheriff. SEC. 9. Be it 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 sheriffs shall be attached to the office of the clerk of the city court of Reidsville and to the office of sheriff of the city court of Reidsville, respectively, and that the judge of said city court of Reidsville is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judge of the superior courts over the clerks of the superior courts and the sheriffs of the counties of Georgia. Duties and liabilities of Clerk and Sheriff. SEC. 10. Be it enacted by the authority aforesaid, That the clerk and sheriff of said city court, unless otherwise specially specified in this Act, they and their deputies, shall receive the same fees for all services as are allowed by law for like services in the superior court; they shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees of Clerk and Sheriff. SEC. 11. Be it 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. 12. Be it enacted by the authority aforesaid, That the

Page 339

terms of said city court shall be monthly and quarterly; the monthly terms for the trial and disposition of criminal business, and quarterly terms for the trial and disposition of either or both civil and criminal. Time for holding said terms for said court for the transaction of any kind of business shall be the first Monday in each month, and the quarterly terms of said court shall be held on the first Mondays in March, June, September and December. The terms of said court shall be held at the court-house in the city of Reidsville, in said county of Tattnall, for which, when necessary, juries shall be drawn as hereinafter directed and shall last until the business is disposed of, unless adjourned for good cause. The judge of said city court shall, at his discretion, hold his court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury as speedily as possible, and to relieve the jail, consistent with the interest of the State and of the accused, and may also hold adjourned terms of the regular monthly and quarterly terms of said court, for which he may draw new juries or require the attendance of the same as in his sound legal discretion, set cases for trial at convenient times, and the same may be tried as at a term whether court has been held from day to day until said time or not. Terms of Court. SEC. 13. Be it further enacted by the authority aforesaid, That suits in said court shall in all respects be conformed to the mode of proceeding in the superior court, except as hereinafter provided; the process to writs shall be annexed by the clerk of said city court, be attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Reidsville, or his deputies thereof. Pleading and practice. SEC. 14. Be it enacted by the authority aforesaid, That in all matters pertaining to pleadings and practice, the laws governing the superior court, where not inconsistent with this Act, and unless otherwise specially approved by this Act, shall be applicable to said court. Pleading and practice. SEC. 15. Be it enacted by the authority aforesaid, That the judge of said city court shall have the authority and power to hear and determine without a jury all civil causes, of which the said court has jurisdiction thereon; provided, always, that either party in any cause shall be entitled to a trial by jury under the Constitution of this State, whether a formal demand for a trial by jury is made or not. Trials. SEC. 16. Be it enacted by the authority aforesaid, That all

Page 340

judgments obtained in said court shall be a lien on all property of defendant or defendants throughout the State, in the manner as judgments of the superior court are; but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be attested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said city court of Reidsville, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments SEC. 17. Be it enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior court. Claims to personalty SEC. 18. Be it enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said court shall be returned to the superior court as now provided by law, tried in the same manner as other claims in the superior courts. Claims to realty. SEC. 19. Be it enacted by the authority aforesaid, That all laws upon subjects of attachments and garnishments as to any manner whatever in the superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court returnable to said court shall be directed to the sheriff or his deputies of the city court of Reidsville, 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 and distress warrants to said city court under the same laws that govern the issuing of attachments and distress warrants returnable to the superior courts. Attachments and garnishments. SEC. 20. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings and proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the superior court. Attachments and garnishments. SEC. 21. Be it enacted by the authority aforesaid, That scire facias to make parties to any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Parties. SEC. 22. Be it enacted by the authority aforesaid, That the general laws of this State with regard to commencement of suits in the superior courts, defenses, set-offs, affidavits, or illegality,

Page 341

arbitration of parties to suits or the examination of witnesses by interrogatories and their attendance, continuance or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Pleading and practice. SEC. 23. Be it enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to his office as judge and other officer of the superior courts may in like cases do; and said judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which by existing laws deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the judge of the said city court shall have all the powers and authorities 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 be applicable, except as herein provided. Powers of judge. SEC. 24. Be it enacted by the authority aforesaid, That said city court of Reidsville 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 laws and rules to be kept for the superior court, shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 25. Be it enacted by the authority aforesaid, That all laws regulating to the enforcing of judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sale be had thereunder under the same rules and laws governing the same in the superior courts. Judgments SEC. 26. Be it enacted by the authority aforesaid, That the judge of said city court shall have the power to enforce his orders, to preserve order, punish for contempt and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Powers of judge. SEC. 27. Be it enacted by the authority aforesaid, That it shall

Page 342

be the duty of the clerk of said city court of Reidsville to prepare and file in his office a complete copy of the traverse jury list of the superior court of Tattnall county, as provided from time to time for such superior court. From said copy so made, traverse juries in said city court of Reidsville shall be drawn in the following manner: The clerk of the said city court of Reidsville shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn twenty-four traverse jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales traverse jurors in the superior court shall apply to the city court, and the sheriff shall be paid ten dollars for summoning said jurors. All exemptions from jury duty now in force in the county of Tattnall shall apply and be of effect in said city court. Jurors. SEC. 28. Be it enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, impaneling, fining and challenging jurors, now in force in this State or hereafter enacted by the General Assembly regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with this Act. Juries. SEC. 29. Be it enacted by the authority aforesaid, That twenty-four jurors shall be drawn, summoned and impaneled, and if by reason of non-attendance or disqualification of any of said regular panel the same is not full, the judge of said court shall direct the same to be filled by tales jurors in the same manner as is done in the superior court. In all civil cases each side shall strike six from the panel of twenty-four, and in criminal cases the defendant shall strike seven and the State five from said panel. When a jury of twelve shall have retired for the purpose of considering a case, the parties in any case may by consent agree to strike two each and to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. Each juror shall receive two dollars a day for his services while acting as a juror in said city court. Juries to be drawn only for the quarterly terms, or an adjourned quarterly term. Any defendant may waive trial by a jury and have his case both as to law and facts tried before the judge of said court without a jury. Each defendant shall sign by himself or his attorney on the back of the accusation, presentment or indictment whether he pleads guilty or not, whether he demands the jury allowed by law or not. Juries. SEC. 30. Be it enacted by the authority aforesaid, That the

Page 343

sheriff of said court is authorized to appoint at each term of said court two or more bailiffs as officers of said court, who shall receive for their services two dollars a day. The solicitor of said court shall at any time in his discretion appoint a special criminal bailiff, who shall serve so long as the said solicitor may need his services. He shall receive for his services two dollars a day, to be paid by the county treasurer of Tattnall, upon an order from the county commissioners of said county. Bailiffs. SEC. 31. Be it enacted by the authority aforesaid, That the defendant 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 jurisdiction of said city court, the defendant shall not have the right to demand an indictment by the grand jury of Tattnall county. All the proceedings after accusation shall conform to rules governing cases in the superior courts, except there shall be no jury trial unless demanded by the accused as hereinbefore provided. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance as required by the laws and rules of criminal pleadings to be observed in bills of indictment in the superior court. Trial of criminal cases. SEC. 32. Be it enacted by the authority aforesaid, That the judge of the superior court may send down from the superior court of Tattnall county to said city court for trial and final disposition all presentments and indictments for misdemeanor which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of said courts; provided, that in all transferred cases the solicitor of the Middle circuit shall be entitled to his accrued costs, to be paid only from fines and convict hire received in each particular case so transferred. Transfers from Superior Court. SEC. 33. Be it enacted by the authority aforesaid, That it shall be the duty of the justices of the peace and notary public of said county to bind over to said city court all persons charged with offenses committed within the limits of Tattnall county over which said city court has jurisdiction, there to answer for said offenses. They shall be bound to the said city court whether the next term of the superior court of Tattnall county convenes before or after the next term of the said city court. Appearance bonds SEC. 34. Be it enacted by the authority aforesaid, that a writ of error shall lie from said city court of this State upon a bill of exceptions filed under the same rules and regulations as govern

Page 344

and control the issue of writs of error and of filing of bills of exceptions in the superior courts of this State. Writs of error. SEC. 35. Be it enacted by the authority aforesaid, That in all cases in said city court the same power and right to waivers, pleadings and procedure or other matters pertaining to the same, shall be allowed and upheld as is given by the laws and rules to parties in the superior courts. Pleading and practice. SEC. 36. Be it enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure, governing motions, rules nisi and other proceedings in new trials in the superior courts shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within sixty days after the rendition of the judgment complained of, and not afterwards, unless for good cause; further time may, by order, be granted, in the discretion of said judge. In other respects such motion shall be governed by the ordinary rules aforesaid. New trials. SEC. 37. Be it enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more reside in the county of Tattnall may be brought in said court under the same rules and regulations governing such cases in the superior courts, mutatis mutandis, as to copies, second originals, returns, and other matters connected with the suit. Joint obligors, etc. SEC. 38. Be it enacted by the authority aforesaid, That all rules of the superior court relating to continuances, motions, pleas and practice shall be applicable to said city court, and shall obtain therein. Rules of practice. SEC. 39. Be it enacted by the authority aforesaid, That the first term of said court to which a civil case is brought shall be the appearance or return term; the second shall be the trial or judgment term, and all the laws, rules and practices in said court with reference to terms thereof and to continuances, pleadings and trial of causes therein shall be the same as in the superior court, unless otherwise provided in this Act. Appearance and trial terms SEC. 40. Be it enacted by the authority aforesaid, That whenever the judge of said city court is from any cause disqualified

Page 345

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 the consent of the parties or upon their failure or refusal to agree, said cause shall be tried by the judge pro hac vice, selected in the same manner as provided for in the superior court. Judge pro hac vice SEC. 41. Be it 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, absent SEC. 42. Be it enacted by the authority aforesaid, That in all civil cases when the amount involved is less than one hundred dollars in said court, the fee of the officers of said court, to wit, the sheriff and clerk, against the defendant in the case, shall be the same as that now provided by law for justices of the peace and constables in like cases. The clerk's fees in all criminal cases shall be the same as in the superior courts. Fees of officers. SEC. 43. Be it enacted by the authority aforesaid, That moneys arising from fines, forfeitures, forfeited recognizances and convict hire arising in said city court, shall be paid over to the solicitor of the said court, and upon order of the judge of said court said money shall be divided among the solicitor, clerk and sheriff of said court. The solicitor shall receive one-half of all such money, the clerk one-fourth, and the sheriff one-fourth. Said money shall be applied to the payment of the insolvent cost bills of the three above named officers. Should these insolvent cost bills be paid in full at any term of said court and there should be a balance on hand, the said amount then remaining shall be paid to the county treasurer of Tattnall county and be held by him as a fund with which to pay any future insolvent costs bills of the officers of said court. Fines, forfeitures and convict hire. SEC. 44. Be it enacted by the authority aforesaid, That the commissioners of roads and revenues of the county of Tattnall, or other proper officers, shall provide a suitable place in the court-house in said city of Reidsville 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, books, etc. SEC. 45. Be it enacted by the authority aforesaid, That the provisions of this Act shall not take effect until the passage of an Act repealing the city court of Tattnall county.

Page 346

SEC. 46. Be it enacted by the authority aforesaid, That all business pending in the city court of Tattnall county at the date of the passage of an Act repealing said city court, shall be transferred to the city court of Reidsville, to be disposed of as herein-before provided. The insolvent costs bills of the present officers of the city court of Tattnall county shall be of full force and effect in the city court of Reidsville, and shall be paid off as provided above. Transfers from City Court of Tattnall. SEC. 47. 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 22, 1905. CITY COURT OF SANDERSVILLE, ACT CREATING AMENDED. No. 270. An Act to amend an Act entitled an Act to create the city court of Sandersville, in and for the county of Washington; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide for the compensation of said officers, and for other purposes, approved October 31, 1901, so as to increase the salary of the judge of said court; to provide salary for the solicitor of said court; and the manner in which he shall be paid; to prescribe and regulate the fees of the officers of said court, and provide the manner in which they shall be paid; to provide the manner of holding special terms, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State, of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that section 2 of the Act creating the city court of Sandersville, approved October 31, 1901, be, and the same is, hereby amended by striking out the words seven hundred and twenty in the eighth line of said section and inserting in lieu thereof the words nine hundred, so that said section when so amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed by the Governor by and with the advice and consent of the Senate,

Page 347

who shall hold his office for a term of two years, and if there should be a vacancy in the office of judge, said vacancy shall be filled by the Governor in the manner now provided for the filling said vacancies in the superior court. The judge of said city court shall receive a salary of nine hundred dollars per annum, which shall be paid monthly by the treasurer of the county of Washington, and it shall be the duty of the commissioner of roads and revenue of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice in any other court except his own. City Court of Sandersville. Judge. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 of the above recited Act be, and the same is, hereby amended by striking out the latter portion of said section, to wit, the words, the said solicitor shall receive the same fees for each written accusation as are allowed the solicitor-general for each indictment in the superior court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of this court, and inserting in lieu thereof the following words, to wit: The said solicitor shall receive a salary of seven hundred and twenty dollars per annum, to be paid monthly on the first day of each month at the rate of $60.00 per month by the treasurer of the county of Washington, the salary of said solicitor to be paid from sums arising from the fines and forfeitures in said city court of Sandersville, whenever there is a sufficient amount of same in the hands of the said treasurer. Should there, at any time when said solicitor's salary becomes due, not be in the hands of the said treasurer enough of said fund to pay said salary, then the balance lacking, after the funds arising from the fines and forfeitures of said court have been exhausted, shall be made up and paid out of any other funds in the hands of said treasurer, belonging to the county, until the full amount of said salary monthly is paid. Said solicitor shall receive no other compensation except his Supreme Court costs, as provided for in the fifth section of said Act, to be paid by the State. In the absence or disqualification of said solicitor, the city court judge shall apponit a solicitor pro tem., who shall receive for his services in every case in which there is a conviction or plea of guilty which is founded upon an indictment of the grand jury a fee of five dollars, and in each case founded upon an accusation in which there is a conviction or plea of guilty a fee of ten dollars; provided, the solicitor pro tem. shall not be paid more

Page 348

than twenty dollars for any one term of the said court, so that said section as amended shall read as follows, to wit: Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court who shall be appointed at the same time and in the same manner as the judge of said city court, whose term of office shall be for two years and whose duty it shall be to prosecute all offenses cognizable before said city court. Said solicitor must be at least twenty-one years of age and a resident of Washington county for two years and a practicing attorney. All vacancies in said office shall be filled in the same manner as prescribed in this Act for filling vacancies in the office of judge. The said solicitor shall receive a salary of seven hundred and twenty dollars per annum to be paid monthly, on the first day of each month, at the rate of sixty dollars per month, by the treasurer of the county of Washington, the salary of said solicitor to be paid from sums arising from the fines and forfeitures in said city court of Sandersville, whenever there is a sufficient amount of the same in the hands of the said treasurer. Should there at any time when said solicitor's salary becomes due, not be in the hands of the said treasurer enough of said fund to pay said salary, then the balance lacking, after the funds arising from the fines and forfeitures of said court have been exhausted, shall be made up and paid out of any other funds belonging to the county in the hands of said treasurer until the full amount of said salary monthly is paid. Said solicitor shall receive no other compensation except his Supreme Court fees as provided for in the 5th section of said Act, to be paid by the State. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive for his services in every case in which there is a conviction or plea of guilty which is founded upon an indictment of the grand jury, a fee of five dollars, and in each case founded upon an accusation in which there is a conviction or plea of guilty, a fee of ten dollars; provided the solicitor pro tem. shall not be paid more than twenty dollars for any one term of the said court. Solicitor. SEC. 3. Be it further enacted by the authority aforesaid, That section 6 of the above recited Act be, and the same is, hereby amended, by adding to said section at the end thereof the following words, to wit: Said deputy clerk to receive no pay for services rendered during the sittings of said city court of Sandersville. Clerk. SEC. 4. Be it further enacted by the authority aforesaid, That section 9 of said Act be, and the same is, hereby amended by inserting after the word court, and before the word they, in

Page 349

the fifth line thereof, the following words: Except that the sheriff of said court shall receive no more than three ($3.00) dollars per day for each day he attends said court while in session, so that said section, when amended, shall read as follows: Sec. 9. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court shall, unless otherwise specified in this Act, they and their deputies, shall receive for all services the same fees as are allowed by law for like services in the superior court, except that the sheriff of said court shall receive no more than three ($3.00) dollars per day for each day he attends said court while in session; they shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Sheriff. SEC. 5. Be it further enacted by the authority aforesaid, That section 11 of said Act be, and the same is, hereby amended by inserting after the word accused, at the end of the seventeenth line thereof, and before the word and, at the beginning of the eighteenth line thereof, the following words: At which special or called terms of said court the sheriff and clerks shall not receive any fee for attendance upon said court. Fees of Clerk and Sheriff. SEC. 6. Be it further enacted by the authority aforesaid, That section 41 of said Act be, and the same is, hereby repealed and in lieu and instead thereof a new section to be known as section 41 be, and the same is, hereby enacted, as follows, to wit: Sec. 41. Be it further enacted by the authority aforesaid, That all costs, fines and forfeitures arising from cases tried in said city court shall be paid over to the treasurer of said county, who shall keep a separate account of the same, and said treasurer shall first pay to the several officers entited thereto their costs in each particular case according to the order of the city court judge. After the costs have been paid in each particular case to the respective officers entitled thereto, the said treasurer shall pay to the solicitor-general of the Middle circuit 25 per cent. of all fines and forfeitures arising from cases transferred from the superior court of Washington county, which shall be credited upon his insolvent cost bill in said county. And should the 25 per cent. of the fines and forfeitures arising from transferred cases be more than sufficient to pay off the insolvent cost bill of the said solicitor-general, then such excess shall be retained by the treasurer and placed with the fund arising from the fines and forfeitures arising

Page 350

from the other cases tried in said city court. After paying the costs in each particular case to the respective officers entitled thereto, and after paying to the said solicitor-general 25 per cent. of fines and forfeitures (the costs in each particular case being deducted) from all cases transferred from the superior court, all the remainder of said fines and forfeitures, including that arising from transferred cases and from all cases originating in said city court of Sandersville, shall be appropriated by the said county treasurer to the payment of the salary of said solicitor of the city court of Sandersville in the manner hereinbefore set forth, and in the event said funds exceed the amount of said salary, then the excess shall be by said treasurer placed in the general county funds as the property of the county; provided that in each criminal case, where the defendant is convicted and is sent to the chaingang of Washington county to work on the public works of said county, as provided by law, the county shall pay to all the officers of the court entitled thereto, and to all the various justices of the peace and constables of said county their entire costs in each of said cases, which shall be paid out of the county treasury by the county treasurer upon orders of the judge of said city court. Costs, fines, and forfeitures. 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 23, 1905. CITY COURT OF SANDERSVILLE, ACT CREATING AMENDED. No. 292. An Act to repeal an Act entited an Act to amend an Act approved October 31, 1901, creating the city court of Sandersville, to prescribe the fees of the officers of said court, provide for their compensation and the manner in which they shall be paid, the manner of holding of special terms, and for other purposes, 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 from and after the passage of this Act, that an Act

Page 351

entitled an Act to amend an Act approved October 31, 1901, creating the city court of Sandersville, to prescribe the fees of the officers of said court, provide for their compensation and the manner in which they shall be paid, the manner of holding of special terms, and for other purposes, approved December 17, 1902, be, and the same is, hereby repealed. City Court of Sandersville. Act of Dec. 17, 1902, repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. CITY COURT OF SAVANNAH, JUDGES OF, ELECTION OF. No. 13. An Act to provide for the election of the judges of the city court of Savannah, to fix the times for such elections, the term of office of said judges, 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 judge for the city court of Savannah shall be elected at the general election for State and county offices to be held on the first Wednesday in October, 1906, and at such general election, each four years thereafter, all qualified voters of Chatham county shall be entitled to vote at all elections held hereunder. City Court of Savannah, election of judge. SEC. 2. Be it further enacted, That the term of office of the judge elected at said election to be held on the first Wednesday in October, 1906, shall begin January 1st, 1908, and extend three years thereafter, or until his successor is elected and qualified, and the terms of all judges so elected after October, 1908, shall begin on the first of January of the year succeeding their election and extend for four years thereafter, or until their successors are elected and qualified. Term of office of judge. SEC. 3. Be it further enacted, That in the event of a vacancy from death, resignation or other cause from and after the passage of this Act a special election to fill said vacancy shall be called by the ordinary of Chatham county, to be held not sooner than twenty days nor later than thirty days from the date of the call. Such special election shall be held and governed by the laws

Page 352

of the State provided for special elections, and the judge so elected shall serve out the remainder of said term and until his successor is elected and qualified; in the event of a vacancy the Governor may appoint a judge, who shall hold office until said vacancy is filled in the manner hereinbefore provided. Vacancy in office of judge. SEC. 4. No person shall be qualified to hold such office of judge unless he has been a practicing attorney for seven years, a citizen of Chatham county for five years and attained the age of thirty years. Qualifications of judge. 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 22, 1905. CITY COURT OF SAVANNAH, DEFAULTS, HOW OPENED. No. 120. An Act to authorize judges of the city court of Savannah to open defaults and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, any default entered by the judges of the city court of Savannah may be opened during the term at which such default is entered, upon payment of costs or at the discretion of said judges. City Court of Savannah, defaults, how opened. SEC. 2. Be it further enacted, That after the expiration of the term at which said default was entered, the said judges may open said default upon the same terms and conditions as may judges of the superior courts of this 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 21, 1905.

Page 353

CITY COURT OF SPARTA, ESTABLISHED. No. 41. An Act to create the city court of Sparta, in and for the county of Hancock, to prescribe the powers and duties thereof, to provide for the officers thereof, to provide for the compensation of said officers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Sparta, to be located in the city of Sparta, in the county of Hancock, is hereby established and created, with civil and criminal jurisdiction over the whole county of Hancock, concurrent with the superior court, to try and dispose of all civil cases of whatever nature, except those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Hancock. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also the other kind of suits and proceedings which now or hereafter may be in use in the superior court, either under the common law or statute, including among others attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages on personalty. City Court of Sparta. Jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of four years, and if there shall be a vacancy in the office of judge, said vacancy shall be filled by the Governor, said appointee to hold for the unexpired term of his predecessor. The judge of said city court shall receive a salary of one thousand dollars per annum, which shall be paid monthly by the treasurer of the county of Hancock, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any other court except his own. Judge. Salary.

Page 354

SEC. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he shall be at the time of his qualification at least thirty years of age, a resident of Hancock county for four years immediately preceding his appointment, and must have been a practicing attorney at law for four years before his appointment; he shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to person, and do equal right to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Sparta, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be filed in the Executive Department. Qualifications and 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 at the same time and in the same manner as the judge of said city court, whose term of office shall be for four years, and whose duty it shall be to prosecute all offenses, cognizable before said city court, in both said city court and in the Supreme Court on writ of error from said city court. Said solicitor must be at least twenty-four years of age and a resident of Hancock county for three years, and a practicing attorney, and before entering upon the duties of his office shall take and subscribe the same oath required of solicitors-general of this State, and give bond with security in the sum of one thousand dollars. 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. The solicitor shall receive the same fees for each written accusation as are allowed the solicitor-general for each indictment in the superior court, and his fees for all other services rendered shall be the same as are allowed the solicitor-general of the superior court, including fees in the Supreme Court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of this court. Solicitor. SEC. 5. Be it further enacted by the authority aforesaid, That the solicitor of said city court shall for his services in the Supreme Court be paid out of the treasury of the State in the same manner as the solicitor-general of the superior court is paid for like services rendered in the Supreme Court. Fees of solicitor in Supreme Court. SEC. 6. Be it further enacted by the authority aforesaid, That

Page 355

the clerk and his deputies of the superior court of Hancock county shall be ex-officio clerk and deputies of said city court. Said clerk, before entering upon the duties of his office, shall take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the 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 said office. Clerk. SEC. 7. Be it further enacted by the authority aforesaid, That the sheriff of Hancock county shall be ex-officio sheriff of said city court of Sparta, and in his official connection with said court shall be known as sheriff of the city court of Sparta. Before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of five thousand dollars for the faithful discharge of the duties of said office. He shall have the same authority to appoint a deputy or deputies as provided in the Code for the appointment of deputy sheriffs. Sheriff. SEC. 8. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff shall be attached to the office of clerk of the city court of Sparta and to the office of sheriff of the city court of Sparta, respectively, and that the judge of the city court of Sparta is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties of Georgia. Duties and liabilities of clerk and sheriff SEC. 9. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court and their deputies, shall, unless otherwise specified in this Act, receive for all services the same fees as are allowed by law for like services in the superior court, except in civil actions where principal sum involved does not exceed one hundred dollars, in which case their cost shall be one-half that allowed them for similar services in the superior court, and in criminal cases transferred from the superior court to said city court the clerk's cost shall be one-half that allowed him in the superior court; said clerk and sheriff shall be amenable in said court to the same processes and penalties as they are now amenable to as officers to the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees of officers. SEC. 10. Be it further enacted by the authority aforesaid,

Page 356

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 the said court shall be quarterly for the trial and disposition of either or both criminal or civil business, and shall he held on the second Monday in January, April, July and October of each year; provided that the judge of said court may, in his sound legal discretion, call special terms of said court under the same rules and provisions as now or may hereafter exist for calling of special sessions of the superior courts of this State by the judges thereof. The terms of said court shall be held at the courthouse in the city of Sparta, in said county of Hancock, 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 the accused, and may also hold adjourned terms of the regular terms of said city court for which he may draw new juries or require the attendance of the same jury as in his sound legal discretion may seem best. Said city court judge may also in his discretion set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms of court. SEC. 12. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as hereinafter provided; the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of said city court or his deputies thereof. Pleading and practice. SEC. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the law governing the superior court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Pleading and practice. SEC. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and the authority to hear and determine without a jury all civil causes of which said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause

Page 357

shall be entitled to trial by jury in said court upon entering a demand therefor by himself or his attorney, in writing, on or before the adjournment of the term to which the cause is returnable, in all cases where such parties are entitled to a trial by a jury under the Constitution and laws of this State; provided, further, that it shall be the duty of said city court judge to sound the docket during each term of said court 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 property of defendant or defendants, throughout the State, in the same manner as judgments of the superior court are; but property exempt from levy and sale under the laws of this State shall be exemt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said city court of Sparta, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Judgments. SEC. 16. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process, and such claims shall be tried in the same manner as claims in the superior court. Claims to personalty SEC. 17. Be it further enacted by the authority aforesaid, That claims to real property levied on with 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 the subjects of attachments and garnishments as to any manner whatever in the superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court returnable to said court shall be directed to the sheriff or his deputies of the city court of Sparta, and all and singular the sheriffs and constables of this State, and the judge of said city court may, or any justice of the peace or notary public may issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. SEC. 19. Be it further enacted by the authority aforesaid,

Page 358

That garnishment and attachment proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the superior court. Attachments and garnishments. 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. Parties. SEC. 21. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatories or under subp[oelig]nas, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said city court, except as otherwise provided by this Act, shall be applicable to said city court, and all laws applicable to the judge and solicitor-general and other officers of the superior court in compelling the attendance of nonresident witnesses shall in like manner be applicable to the officers of said city court. Pleading and practice. SEC. 22. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general law of the State; and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office as the judge and other officers of the superior court may in like cases do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in this State in which by existing laws deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the judge of said city court shall have all the powers and authority throughout his jurisdiction of judges of the superior court, and all laws relating to and governing judges of the superior court shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Powers of judge and officers. SEC. 23. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Sparta to prepare and file in his office a complete copy of jury lists of the superior court of Hancock county as provided from time to time for said superior court. From said copy so made jurors in said city court shall be drawn in the following manner: The clerk of

Page 359

said city court of Sparta 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 eighteen jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid five dollars for summoning said jurors. All exemptions from jury duty now in force in the county of Hancock shall apply and be of effect in said city court. Jurors. SEC. 24. Be it further enacted by the authority aforesaid, That all laws in reference to qualifications, relations, impaneling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly regulating the same in the superior court, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Jurors. SEC. 25. Be it further enacted by the authority aforesaid, Thatg the eighteen jurors drawn and summoned as above provided shall constitute the panel from which panel twelve jurors are to be selected to try all cases in which a demand for a jury has been made as herein mentioned, the selection to be as follows: In civil cases the plaintiff and defendant are to have three strikes each, in criminal cases the defendant is to have four strikes and the State to have two strikes. When a jury has a case under consideration the judge of said court may have summoned instanter twelve additional jurors, which twelve jurors, together with the six remaining from the original panel, will constitute another panel from which a new jury may be selected, as in this section provided, to try a case or cases then pending. Said additional twelve jurors to be used by said judge during the whole of said term, or so long during same as he may deem necessary. All jurors serving in said court shall each receive the sum of two ($2.00) dollars per day while serving as such, to be paid under rules governing payment of superior court jurors. Juries. SEC. 26. Be it further enacted by the authority aforesaid, That the sheriff of said court, by and with the approval of the judge, is authorized to appoint at each term of said court not exceeding two bailiffs, as officers of said court, who shall receive for their services two dollars per day. Bailiffs. SEC. 27. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused in writing shall demand a jury. A plea to the accusation or indictment shall

Page 360

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. Trial of criminal cases. SEC. 28. 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 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 the city court the defendant shall have no right to demand an indictment by the grand jury of Hancock county. All the proceedings after accusations 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 matter of form and substance, as is required by the laws and rules of criminal pleadings to be observed in bills of indictment in the superior court. Trial of criminal cases. SEC. 29. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Hancock county to said city court, for trial and final disposition, all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both said courts, which order may be passed in term time or in vacation; provided that in all transferred cases the solicitor-general of the Northern circuit shall be entitled to his accrued costs, to be collected as herein provided for costs of the solicitor of the city court. Transfers from the Superior Court. SEC. 30. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace and notaries public of Hancock county to bind over to said city court all persons charged with offenses committed within the limits of Hancock county, over which said city court has jurisdiction, there to answer to said offenses. Appearance bonds. SEC. 31. Be it further enacted by the authority aforesaid, That a writ of error shall be from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error.

Page 361

SEC. 32. Be it further enacted by the authority aforesaid, That in all cases in said city court the same power and right of party as to waivers, pleadings or procedure, or other matters pertaining to the same, shall be allowed and upheld as by the laws and rules to parties in the superior court. Waivers. SEC. 33. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions, and under the same laws and regulations, in every respect governing the granting of new trials in the superior court. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts, shall apply to and govern same in said city court. When a criminal case is heard at a special session of said city court and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days of the rendition of the judgment complianed of, and not afterwards, unless for good causes, 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. 34. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners, or joint trespassers in which any one or more reside in the county of Hancock, may be brought in said court within its jurisdiction as already stated, under the same rules and regulations governing such cases in the superior courts, mutatis mutandis, as to copies, second originals, returns and other matters connected with said suits. Joint obligors, etc. SEC. 35. Be it further enacted by the authority aforesaid, That all civil cases in which the principal sum does not exceed one hundred dollars shall be tried at the term to which the same are returned, and there shall be no appearance term in said court in such cases. All civil cases involving more than one hundred dollars, principal sum, shall be in every respect as to filling, return, pleas, answer, demurrer, continuance and trial conformable to the laws now or hereafter to be applicable to suits in the superior courts of this State, the term to which said suits shall be returned shall be the appearance term, and the second term the trial term, subject to the foregoing provisions. Pleading and practice. SEC. 36. 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

Page 362

can not from any cause preside in said court, as provided for in the Constitution, then, upon consent of the parties or upon their refusal or failure to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. Judge pro hac vice. SEC. 37. Be it further enacted by the authority aforesaid, That in the 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, absent. SEC. 38. Be it further enacted by the authority aforesaid, That all fines and forfeitures and convict hire arising from cases in said city court shall be applied to the fees and costs of the solicitor, clerk and sheriff of said city court accruing in said court, including their insolvent costs therein, the same to be distributed pro rata thereon under the same rules and regulations governing the distribution of fines and forfeitures to officers in the superior court; provided, however, that in cases transferred from the superior court of Hancock county to said city court, the solicitor-general, clerk and sheriff of the superior court shall be entitled to their cost which shall have accrued to the date of transfer, on the bill of indictment or special presentment bringing the money into court; and that in cases originating in justice courts and sent up to said city court, the justice and constables shall be entitled to their cost in the particular case, in the event the defendant therein is convicted and pays the fine and costs in the case. Fines, forfeitures and convict hire. SEC. 39. Be it further enacted by the authority aforesaid, That in each case in said city court in which the defendant is sentenced by the judge of said city court to the county chaingang, the county commissioners of Hancock county shall pay to the officers of said city court their costs in the particular case accrued in said city court, said costs to be due and payable upon the receipt of said convict by said county authorities. Costs in criminal cases. SEC. 40. Be it further enacted by the authority aforesaid, That said city court shall be held at the courthouse of Hancock county, in the city of Sparta, and the board of commissioners of roads and revenues of Hancock county shall provide the judge and solicitor of said court with an office in said courthouse and necessary supplies and books for keeping the docket, minutes and records of said city court. Courtroom, books, etc. SEC. 41. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said city court of Sparta,

Page 363

appointed by the judge thereof, and all civil cases in said court shall be reported at the request of the plaintiff or defendant, or when ordered by the judge, in his discretion, and the fee for reporting such cases to be the same as allowed for similar services in the superior courts to be paid by the plaintiff and defendant equally, and in final disposition of the case to be taxed against the losing party as other costs. And the said stenographer shall have the right to enforce the payment of his fees as in the superior courts. Said stenographer shall report and transcribe all criminal cases tried in said court, to be paid five dollars for each day's work out of the county treasury on the order of the judge of said court In case of acquittal of the defendant, and in case no motion is made for a new trial or bill of exceptions sued out to the Supreme Court, said stenographer shall not be required to transcribe the notes, and he shall not receive compensation for transcribing the same. Stenographer. SEC. 42. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1905. CITY COURT OF STATESBORO, ACT CREATING AMENDED. No. 552. An Act to amend an Act to establish the city court of Statesboro, approved August 10, 1903, so as to provide for the appointment of a stenographer for said court and to fix his salary, to establish a monthly session of said court for the months of January, April, July and October, and to provide for continuances and to fix the trial term of suits in the monthly sessions. SECTION 1. Be it further 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 August 10, 1903, entitled an Act to create the city court of Statesboro, in and for the county of Bulloch, to prescribe the powers and duties thereof, to prescribe for compensation of said officers and for other purposes, be, and the same is, hereby amended by adding the words the monthly terms of between the

Page 364

words holding and said, in the 7th line of section 11 of said Act, and by adding the word also between the words shall and be, in the 9th line of said section 11 of said Act, and by striking from said section 11 the words provided, nevertheless, that causes returnable to the monthly sessions of said court shall also be returnable to and stand for trial and judgment at the quarterly sessions thereof, which were added thereto by amendment, approved August 15, 1904, so that said section 11, when thus amended, shall read as follows: 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 hundred dollars, and the quarterly terms for the trial and disposition of criminal business and all civil business of whatever amount. The time for holding the monthly terms of said court shall be the first Wednesday in each month, and the terms of said court held in January, April, July and October shall also be the quarterly terms of said court. The terms of such court shall be held at the courthouse in the city of Statesboro, in said county of Bulloch, 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 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. City Court of Statesboro. Terms. SEC. 2. Be it enacted by the authority aforesaid, That said Act be further amended by adding after the word court, in the 6th line, and before the word in, in the 7th line of section 38 of said Act, the following words: Provided, if the defendant at the first term file a defense to the merits of the case, the case shall be continued by operation of law to the next succeeding monthly term, unless the plaintiff is ready and consents to proceed to trial at said first term, so that said section, when thus amended, shall read as follows: Sec. 38. Be it further enacted by the authority aforesaid, That all civil cases within the jurisdiction of the

Page 365

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; provided, however, if the defendant at the first term file a defense to the merits of the case, the case shall be continued by operation of law to the next succeeding monthly term unless the plaintiff is ready and consents to proceed to trial at said first term. In suits returnable to the monthly term defense must be made as 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 default in the superior courts of this State. In suits returnable to the quarterly term of said court defense must 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. Trials. SEC. 3. Be it enacted by the authority aforesaid, That said Act be further amended as follows: There shall be a stenographer of the city court of Statesboro appointed by the judge thereof, and all civil cases in said court may be reported at the request of either plaintiff or defendant or other party to any cause, and the fee for reporting such cases in the quarterly terms shall be at the rate of 7 cents per hundred words for taking down and 7 cents per hundred words for transcribing, and in the monthly terms at such rate as may be agreed upon for any case, not to exceed five cents per hundred words each for taking down and transcribing, the fee to be paid by the plaintiff and defendant equally. It shall be the duty of said stenographer to take down the testimony and charge of the court in all criminal cases tried in said court, and for this service he shall be paid the sum of ten dollars per day while so engaged, this sum to be paid from the county treasury on warrant or order drawn and signed by the judge of the said city court, on the request of any defendant or his counsel, when a motion for a new trial has been made in any criminal case, said stenographer shall furnish a typewritten transcript of the testimony and charge of the court at the rate of 7 cents per hundred words, to be paid for by the movant. Said stenographer shall have the same right to enforce the payment of

Page 366

his fee in civil cases as is provided by law for the enforcement of the fees of superior court stenographers. Stenographer. 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 23, 1905. CITY COURT OF SYLVANIA, ACT CREATING AMENDED. No. 140. 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, [Illegible Text] provide for the election or appointment of the 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 Act was approved December 15th, 1902, public Acts of 1902, pages 162 to 174, 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 2 of said Act all of the words between the word Georgia, in the fifth line thereof, and the word that, in the eighth line thereof, so that said section, when amended, shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, That the said city court of Sylvania shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which the superior court has exclusive jurisdiction, or over which exclusive jurisdiction is given by the Constitution of Georgia; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now, or hereafter may be, in use in the superior courts, either under the common law or statute, including, among others, attachments and garnishment proceedings, illegalities,

Page 367

counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders or tenants holding over, partitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages and quo warrantos. City Court of Sylvania. Jurisdiction. 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, and the same is, hereby amended by striking from section 4 of said Act all the words appearing after the word Sylvania, in the second line of said section 4, and before the words the judge, in the twelfth line of said section 4, and inserting in lieu thereof the following words: Whose term of office shall be four years, and said officers shall be elected by the grand jury of Screven county, in the following manner: The grand jury last meeting before the expiration of the terms of office of said officers shall make elections, but should any such grand jury so meeting fail to make such elections, any succeeding grand jury from term to term may do so until said officers are elected, qualified and begin to serve. Should any vacancy occur at any time in either of said offices, any grand jury meeting thereafter may make election to fill the unexpired term caused by such vacancy, and should any such vacancy occur at a time when said grand jury is not in session, the clerk of the superior court and ordinary of Screven county may by appointment fill such vacancy until said grand jury make elections to fill same, so that said section 4, when amended, shall read as follows: Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a judge and solicitor of said city court of Sylvania whose terms of office shall be four years, and said officers shall be elected by the grand jury of Screven county in the following manner: The grand jury last meeting before the expiration of the terms of said officers shall make such elections, but should any such grand jury so meeting fail to make such elections, any succeeding grand jury from term to term may do so until said officers are elected, qualified and begin to serve. Should any vacancy occur at any time in either of said offices, any grand jury meeting thereafter may make election to fill the unexpired term caused by such vacancy, and should any such vacancy occur at a time when said grand jury is not in session, the clerk of the superior court and ordinary of Screven county may by appointment fill such vacancy until said grand jury make election to fill same. The judge of said city court of Sylvania shall receive a salary of nine hundred dollars per annum, subject to the approval of the grand jury at the [Illegible Text]

Page 368

term, 1903, of Screven superior court, which jury is hereby charged with the fixing of the salary of said judge, not to exceed twelve hundred dollars per annum, and not to be less than six hundred dollars per annum, which salary shall not be thereafter increased or diminished during the term of office of said judge; and provided, that should the grand jury at the May term, 1903, of Screven superior court fail or refuse to fix said salary of said judge, then said salary shall be and remain as herein fixed at the sum of nine hundred dollars per annum, and said salary shall be paid monthly out of the treasury of the county of Screven; provided, further, that while said salary, after being once fixed as above stated, can not be changed during the term of office of said judge; that the grand jury of said county at the last meeting of said jury before the expiration of any term of office of said judge shall fix the salary of said judge for the next term, and should said grand jury fail or refuse to fix said salary for said next term, then said salary shall remain the same as it was for the term of office last preceding, and shall not thereafter be changed during said next term of office. It shall be the duty of the officers of Screven county charged with the duty of making provision annually for the levying of taxes, to provide for the paying of said judge's salary. Judge and solicitor. [Illegible Text]. 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 23, 1905. CITY COURT OF SYLVESTER, ABOLISHED. No. 427. An Act to repeal an Act entitled an Act to establish the city court of Sylvester, in and for the county of Worth; to define its jurisdiction and powers; to provide for the election of the judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleadings and practice, and new trials in said court, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 11, 1904, and to abolish the city court of Sylvester, established and organized under the above recited Act, and to provide when this Act shall go into effect, and for other purposes.

Page 369

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the city court of Sylvester, created and organized under and by virtue of an Act entitled an Act to establish the city court of Sylvester, in and for the county of Worth; to define its jurisdiction and powers; to provide for the election of a judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleadings and practice, and new trials in said court, and writs of error therefrom to the Supreme Court, and for other purposes, approved August 11, 1904, be, and the same is, hereby abolished, and said Act is hereby repealed. City Court of Sylvester, abolished. SEC. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into force and be of effect until the passage and the approval by the Governor of an Act to establish the city court of Sylvester, which shall be located in the city of Sylvester, Worth county, Georgia; to define its jurisdiction and powers; to provide for the appointment of a judge and solicitor of said city court, and other officers thereof; to provide for pleading and practice and new trials therein; also for writs of error from said city court to the Supreme Court, and for other purposes. SEC. 3. Be it further enacted 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 21, 1905. CITY COURT OF SYLVESTER, ESTABLISHED. No. 428. An Act to establish the city court of Sylvester, in and for the county of Worth; to define its jurisdiction and powers; to provide for the appointment of a judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleadings and practice, and new trials in said court, and writs of error therefrom to the Supreme Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Sylvester, to be located in the city of Sylvester, in the county of Worth, is hereby created and established,

Page 370

with civil and criminal jurisdiction over the whole county of Worth concurrent with the superior court, to try and dispose of all civil cases of whatsoever nature, except those of which the Constitution of the State of Georgia has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Worth. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kind of suits and proceedings which now or may hereafter be in use in the superior court, either under the common law or by statute, including among others attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding of said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages and quo warrantos. City Court of Sylvester, established. Jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of the said city court of Sylvester, who shall be appointed by the Governor by and with the advice and consent of the Senate, whose term of office shall be for the term of four years; provided, however, that the first term of his office shall expire January 1, 1907, and all vacancies shall be filled by appointment by the Governor for the remainder of any unexpired term, such appointment being subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of said 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 Sylvester shall receive a salary of fifteen hundred dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the county of Worth. Said judge shall not practice law except in the Federal courts during his term of office. Judge. SEC. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he be at the time of his qualification twenty-eight years of age, a resident of the county of Worth four years immediately preceding his appointment, and must have practiced law seven years. He shall, before entering upon the duties of his office, take and subscribe the following oath: I swear that I will administer justice without respect to person, and do equal rights to the poor and the

Page 371

rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as judge of the city court of Sylvester, according to the best of my ability and understanding, and agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God, which oath shall be filed with the Governor in the Executive Department. Qualifications and oath of judge. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Sylvester, to be appointed by the Governor, with the approval of the Senate, whose term of office shall be four years; provided, however, that the first term of his office shall expire on January 1, 1907. All vacancies in said office shall be filled by appointment in like manner. If the Senate be not in session at the time of said appointment, or shall fail to act thereon, such appointment shall be subject to the confirmation of the Senate at any session thereafter, and in the meantime the person appointed by the Governor shall hold and fill said office. Solicitor. SEC. 5. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said solicitorship unless he be at the time of his qualification twenty-five years of age, and shall have resided in the county aforesaid for four years immediately preceding his election, and must have practiced law four years. The solicitor of said city court of Sylvester shall, for his services in this court, be entitled to collect same fees for drawing the accusation in this court as the solicitor-general receives for drawing the indictment in the superior court, and the same fees for all other services as are now prescribed, or may hereafter be prescribed, for solicitors-general for like services in the superior court and for services in the Supreme Court, the same fees as the solicitors-general of the superior courts are paid for like services in the Supreme Court, to be paid out of the State treasury. The said solicitors of said city court of Sylvester shall, before entering upon the duties of his office, take and subscribe the following oath: I do swear that I will faithfully, and without fear, favor or affection, discharge any duties as solicitor of the city court of Sylvester, and will take only my lawful fees of office, so help me God, which oath shall be forwarded at once to the Governor and filed in the Executive Department. Said solicitor of the city court of Sylvester shall also give bond with good security in the sum of one thousand dollars, made payable and conditioned the same as bonds of the solicitors-general of this State, which bond shall be filed and kept in the same manner as bonds of the solicitors-general are filed and kept. Qualifications and oath of solicitor.

Page 372

SEC. 6. Be it further enacted by the authority aforesaid, That the sheriff of Worth county shall be ex-officio sheriff of said city court of Sylvester, and in his official connection with said court shall be known as the sheriff of said city court of Sylvester. Said sheriff shall not be required to give an additional bond for the faithful discharge of his duties, but all the liabilities attached to the sheriff of the superior court shall attach to the office of sheriff of the city court of Sylvester, and the official bond given by him as sheriff of the county of Worth shall be held liable for the faithful performance of his duties as such sheriff of the city court. Sheriff. SEC. 7. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Worth county shall be ex-officio clerk of the city court of Sylvester, and in his official connection with said court shall be known as the clerk of the city court of Sylvester. He shall have power to appoint a deputy or deputies. All duties and liabilities attached to the clerk of the superior court shall be attached to the office of the clerk of the city court of Sylvester. He shall not be required to give a bond in addition to that already given as clerk of the superior court, but the bond already given by him as clerk of the superior court shall be held liable for the faithful performance of his duties as clerk of the city court of Sylvester; that the judge of said city court of Sylvester is empowered to exercise the same authority over said clerk and sheriff and his deputy or deputies as is exercised by the judge of the superior court over the clerk of the superior courts and sheriff of the counties of Georgia. Clerk. SEC. 8. Be it further enacted by the authority aforesaid, That the fees of the clerk and sheriff of the said city court shall be the same as are now or may hereafter be paid by law to the clerk of the superior court and the sheriff of the county in both civil and criminal cases: provided, the sum of all costs paid the clerk for his services in any criminal case shall not exceed the sum of six dollars for each case, whether said case shall originate by accusation in the city court of Sylvester or by bill of indictment in the superior court of Worth county and thence transferred to said city court of Sylvester. Said clerk and sheriff shall receive the same fees for issuing subp[oelig]nas and subp[oelig]naing witnesses as are paid to them in the superior courts of this State, and where no compensation is provided by law, then their fees and compensation shall be such as the judge of said city court, in his sound discretion, shall allow. The clerk and sheriff and their deputies shall be amenable to the same processes and penalties as are now prescribed by law governing like officers of the superior court,

Page 373

and shall be entitled to the same remedies to enforce their fees and costs in said city court as they are now entitled to in the superior courts. Fees of clerk and sheriff. SEC. 9. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus, to hear and dispose of the same, and in the same way and with the same power as the judge of the superior court. Habeas corpus. SEC. 10. Be it further enacted by the authority aforesaid, That the terms of said city court shall be quarterly for the trial and disposition of both criminal and civil business. The time for holding said terms of said court shall be fixed by the city court judge. Said terms shall be as near equidistant as convenience will admit, notice of which shall be given by advertisement one time in the newspaper in which sheriff's advertisements of Worth county are published. The sessions of said city court shall be held in the court-house of Worth county, in the city of Sylvester, or at some other place in said city designated by the county commissioners of said county. If at any time it should be necessary in the opinion of the judge of said city court, jury shall be drawn as hereinafter directed and the session of said court shall last until the business be disposed of, unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same time or at any time other than the regular term for the transaction of criminal business which does not require a jury, the same to be done as often as is consistent with the interest of the State and the accused; he may also hold adjourned terms of the regular quarterly terms of the city court, for which he may draw new juries or require attendance of the same juries drawn for the regular term as in his discretion may seem best. Said city court judge may also, in his discretion, call a special term at any time for the transaction of any business, civil or criminal, that can be tried at a special term, and may draw and impanel a jury for said term the same as for a regular term. Said city court judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until the said time or not. Terms of court. SEC. 11. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects conform to the modes of procedure in the superior courts of this State as hereinafter provided, but process to writs shall be annexed by the clerk of said city court, and be tested in the name of the judge.

Page 374

and be directed to and served by the sheriff of the city court of Sylvester or his deputies. Pleading and practice. SEC. 12. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, that the laws governing the superior court, where not inconsistent with this Act, and unless otherwise specially provided for in this Act, shall be applicable to said city court. Pleading and practice. SEC. 13. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that either party in any civil causes pending in said court, upon demand, be entitled to a trial by jury in all cases in which said parties will be entitled to a jury trial under the Constitution and laws of this State. All judgments obtained in said city court shall be a lien on all the property of the defendant throughout the State in the same manner as are judgments of the superior courts of said State. All laws upon the subject of attachment and garnishments in the superior courts of this State shall apply to said city court, so far as the nature of said city court will admit. The judge of said city court, or any other officer authorized by law to issue an attachment may issue attachment returnable to said city court, irrespective of the amount involved, whether the amount be under one hundred dollars or above said amount, under the same laws and rules governing the issuing and returning of attachments in the superior court, and all attachments returnable to the city court of Sylvester shall be directed to the city court of Sylvester, and to all and singular the sheriffs and their lawful deputies of this State, and may be served by the sheriff of said city court, or by any sheriff or deputy sheriff of this State, or other officers authorizzed by law to levy attachments returnable to other courts. The rules of practice pertaining to the filing of declarations in attachment in the superior courts shall apply to attachments in the city court of Sylvester irrespective of the amount involved. Garnishment proceedings in said city court shall be conformable to the laws of this State on this subject in the superior court. All executions issuing from said city court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputy of the said city court of Sylvester, and to all and singular the sheriffs or their deputies of the State of Georgia. Trials, pleading and practice. SEC. 14. Be it further enacted by the authority aforesaid,

Page 375

That the said city court shall have jurisdiction of all claim cases when personal property is levied on under execution or other process in said court, such claim shall be tried in the same manner as the claims in the superior court. Claims to personalty SEC. 15. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said city court shall be returned to the superior court of the county where said real property is situated, and shall then proceed as other claims in the superior court. Claims to realty. SEC. 16. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings, and distress warrants in said city court, irrespective of the amount involved, shall be conformable to the laws of this State on this subject in the superior court. Attachments, etc. SEC. 17. 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 facias shall run throughout the State, and may be served by any sheriff or his deputy. Parties. SEC. 18. Be it further enacted by the authority aforesaid, That the general laws of this State in regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations, examinations of parties to suits, or witnesses by interrogatories, or under subp[oelig]nas, witnesses and their attendance, continuances. or other matters of judicial nature within the jurisdiction of said city court shall be applicable to said city court, except as to suits in which the principal amount sued for does not exceed one hundred dollars, which last are required to be filed fifteen days before the term to which they are returnable, and to be served ten days before said term and final judgment to be had thereon at the first term unless plea is filed. Pleading and practice. SEC. 19. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to have testimony taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office as the judge and other officers of the superior court may in like cases do; and said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers may be attested and affidavits administered by justices of the peace of this State; and the judge

Page 376

of said city court shall have all the power and authority throughout his jurisdiction as judge of the superior court, and all laws relating to and governing the judge of the superior court shall apply to the judge of the said city court so far as the same may be applicable, except as herein provided. Powers of judge and officers. SEC. 20. Be it further enacted by the authority aforesaid, That the said city court of Sylvester shall be a court of record and shall have a seal, and the minutes, records, orders, dockets and other books and files that are required by law and rules to be kept for the superior court shall be kept in and for the city court, and in the same manner; and it shall be the duty of the ordinary or county commissioners of Worth county, if there be county commissioners, to furnish the necessary books and dockets for said court, and all laws applicable to the duties of the clerk and sheriff in the superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 21. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the superior court shall apply in said city court, and executions shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same in the superior court. Judgments. SEC. 22. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the same power to enforce his orders, to preserve order, to punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of the State. Authority of judge. SEC. 23. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Sylvester shall be procured as follows: The clerk of the city court of Sylvester shall provide a jury box similar to the traverse juror box of the superior court, and shall write upon separate sheets of paper or cards the names of each person upon the grand jury lists of the superior court and of each person on the traverse jury list of the superior court and shall place said names of all persons upon said list in the city court jury box, from which shall be drawn traverse jurors to serve in the city court of Sylvester. All laws with reference to the drawing and summoning and impaneling traverse jurors in the superior court shall apply to the city court of Sylvester. All exemptions from jury duty now of force in the county of Worth shall be of effect in said city court. Jurors. SEC. 24. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, relationship, impaneling, fining and challenging of jurors now of force in this

Page 377

State, or hereafter enacted by the General Assembly, regulating the same in the superior court, shall apply to and be observed in said city court, except when inconsistent with this Act. Jurors. SEC. 25. Be it further enacted by the authority aforesaid, That twenty-four jurors shall be drawn and summoned as above provided, and shall be impaneled in all causes, civil or criminal, and trial by a jury of twelve men shall be had in said court when so demanded. A jury shall be selected as follows: In civil cases each side to have six strikes, and in criminal cases the defendant to have seven strikes and the State five. And the said judge of the city court of Sylvester shall have power to summon as many jurors instanter as is necessary for the trial of any case in said city court when a jury or juries shall be out on any case and another jury case is called and the parties thereto announce ready. Jurors in the city court of Sylvester shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are paid, or hereafter may be paid. During each quarterly term of said court the presiding judge shall open court and draw from the jury box the names of twenty-four jurors, who shall compose the jury for the next quarterly term thereof; provided, if from any cause the jury shall not be drawn as aforesaid, the judge of said city court will draw them at some other time. Juries. SEC. 26. Be it further enacted by the authority aforesaid, That sales made under executions or other processes from the quarterly term shall be governed by the same rules as executions from the superior court, and sales made under executions or other process based upon suits in which the principal sum claimed does not exceed one hundred dollars, may be made after advertising the property ten days at three public places in said county. All other sales shall be made under superior court rules. All executions from said city court shall be tested in the name of the judge and signed by the clerk of said court or his lawful deputy and directed to the sheriff of the city court of Sylvester or his lawful deputy, and to all and singular the sheriffs and their lawful deputies of said State. Executions, etc. SEC. 27. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge without a jury, except when the accused in writing shall demand a jury. When the accused shall have waived a jury he shall not thereafter have a right to recall such waiver. If, upon the trial of any case, it shall appear to the judge that the evidence makes a case of felony against the accused, he shall suspend the

Page 378

trial and commit or bail over the defendant to the next superior court, as in preliminary examination. Trial of criminal cases. SEC. 28. Be it further enacted by the authority aforesaid, That the defendant in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor, and signed by the solicitor of said city court in all criminal cases within the jurisdiction of said city court. All proceedings as to accusations shall conform to the rules governing like cases in the superior court, except there shall be no jury trials unless demanded by the accused, as hereinbefore provided, in all cases tried, the accusation shall set forth the offense charged with the same particularity, both as to matter and form and substance as is required by the laws and rules of criminal pleadings to be observed after the manner of bills of indictment in the superior court. Upon accusation being filed the judge shall issue a bench warrant in the same way, and to the same effect, as if done by the judge of the superior court upon indictment being filed, all laws with reference to indictments in superior court being hereby made applicable to accusations in this court. Accusation. SEC. 29. Be it further enacted by the authority aforesaid, That the judge of the superior court of Worth county may, by order, in term or vacation, transmit to said city court for trial and final disposition and presentments and bill of indictment found by the grand jury for offenses within the jurisdiction of said city court, the order so transmitting such cases to be entered of record in both courts. All bonds returnable to the superior court shall follow the case to the city court when so transferred, and the defendant in such case shall be bound to appear at said city court at its first quarterly session sitting after such bill is transferred and from term to term and from day to day thereafter until said indictment shall be disposed of. Transfers from Superior Court. SEC. 30. Be it further enacted by the authority aforesaid, That it shall be the duty of all committing courts in Worth county to bind over to said city court all persons committed or admitted to jail for misdemeanors, and all persons charged with such offenses in Worth county may be brought directly before the judge of said city court for trial without previous committing trial. When any person is committed to jail in said county for an offense within its jurisdiction it shall be the duty of the jailor to communicate that fact to the judge of said city court as soon as practicable, and it shall be the duty of the judge upon receiving such information in any manner to grant as speedy

Page 379

trial as the circumstances of the case will admit. Said city court shall at all times be open for the trial of criminal cases. Appearance bonds. SEC. 31. Be it further enacted by the authority aforesaid, That all writs of error shall be directed from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error. SEC. 32. Be it further enacted by the authority aforesaid, That in all cases in said city court, the same powers and rights of parties as to waiver in pleading and procedure and all matters pertaining to the same shall be allowed and upheld by the laws and rules governing parties in the superior court. Waivers. SEC. 33. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial in any case upon the same grounds and conditions, laws and regulations governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions, rules nisi and other proceedings in regard to new trials in the superior courts, shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of the city court within five days after the rendition of the judgment complained of and not afterwards; provided, that for good cause shown, time may by order be granted, in the discretion of the judge of said court. In all other respects such motion shall be governed by the ordinary rules aforesaid. New trials. SEC. 34. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners, or joint trespassers in which any one or more resides within the county of Worth, may be brought in said court within its jurisdiction already stated, under the same rules and regulations governing such cases in the superior court after making the necessary changes as to copies, second originals, returns and other matters connected with the suit. Joint obligors, etc. SEC. 35. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuance, motions, pleas, and practice shall be applicable to said city court and shall obtain therein except when they conflict with this Act. Rules of practice. SEC. 36. Be it further enacted by the authority aforesaid, That the first term of said court at which all civil cases are brought shall be the appearance term, the second shall be the

Page 380

trial term, and all the laws, rules and practices in said court in reference to the terms thereof and the continuance pleadings and trial cases therein shall be the same as in the superior court, except as hereinbefore provided, that suits in which the principal amount sued on does not exceed one hundred dollars and in which no plea is filed shall have final judgment entered thereon at the first term, and the same may be tried at the first term, both sides consenting thereto. Appearance and trial terms SEC. 37. Be it further enacted by the authority aforesaid, That all cases undisposed of in the county court of Worth county, or in the city court of Sylvester as it now stands, shall be, and the same are, hereby transferred to the city court of Sylvester as established by this Act, the dockets of the city court of Sylvester as it now stands to be continued in use by the city court of Sylvester to be established by this Act. All final and other processes now in the hands of the sheriff, bailiff, clerk of the superior court, or other officer which are made returnable to said county court or the said city court of Sylvester as it now stands, shall be made returnable immediately upon the passage of this Act to the said city court established by this Act. The judge and other officers of said city court established by this Act shall have power and authority to issue and enforce the same in said city court established by this Act as well as any and all processes in any case from the county court or the city court as it now stands necessary to the final disposition of the same, which from any cause has not been issued and enforced by the officers of the county court or of the city court as it now stands. All records, books and papers disposed of and of file in said county court and of said city court as it now stands shall be deposited and filed with the clerk of the city court established by this Act, and all fi. fas. and final processes unsatisfied, now in the hands of the sheriff, or other officer of said county court or of said city court as it now stands, shall be levied and enforced by the sheriff and other officers of said city court established by this Act, and return thereof made to the city court established by this Act. Transfers from County Court. SEC. 38. Be it further enacted by the authority aforesaid, That whenever the judge of said court is disqualified, and the judge of the superior court can not preside as provided for in the Constitution, then, upon consent of parties or upon the failure or refusal to agree, said cause shall be tried by a judge pro hac vice selected in the same manner as provided by law in the superior court. Judge pro hac vice.

Page 381

SEC. 39. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said city court may adjourn the court to such time as the judge in writing may direct, or if no direction be given the court shall be adjourned until the next regular term. Judge, absent. SEC. 40. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases in this court, whether upon accusation or transferred bill of indictment, shall be distributed by the solicitor of this court in the same way as fines and forfeitures arising in the superior courts of this State are distributed by the solicitor-general, the same being hereby made subject to the insolvent cost bills and all other legal claims and liens of the officers of this court in the same way as the fines and forfeitures arising in the superior courts are subject to the claims of the officers in that court. All laws applicable to the fine and forfeiture funds of the superior courts, or that may hereafter be made applicable to the same, are hereby made applicable to the fine and forfeiture funds in this court in every respect. Fines and forfeitures SEC. 41. Be it further enacted by the authority aforesaid, That the same laws and rules governing hire of misdemeanor convicts that now, or may hereafter obtain and govern in the superior court of Worth county, shall obtain and govern as to the misdemeanor convicts from the city court of Sylvester. Money arising from the hire aforesaid, after payment of fees and costs of the officers of the court, shall be disposed of in the same way as that arising from the hire of superior court convicts. Hire of convicts. SEC. 42. Be it further enacted by the authority aforesaid, That there shall be a stenographer of the city court of Sylvester, appointed by the judge thereof, and all civil cases in said court shall be reported at the request either of plaintiff or defendant, and the fees for reporting such cases be the same as are allowed for similar services in the superior court, to be paid by the defendant and the plaintiff equally and in final disposition of the case to be taxed against the losing party as other costs. Said stenographer shall have the right to enforce the payment of his fees as in the superior court. Said stenographer shall also report all criminal cases when either the defendant or State attorney demands it and whenever the judge in his discretion shall require any criminal cases reported, whether either party demands it or not. Said stenographer shall be paid for his services five dollars for each day's work while actually engaged in reporting and transcribing his stenographic notes. In cases of acquittal of defendant,

Page 382

and in case no motion is made for new trial or bill of exceptions sued out to the Supreme Court, said stenographer shall receive no compensation in such cases. Stenographer. SEC. 43. Be it further enacted by the authority aforesaid, That this Act shall take effect when passed immediately upon the passage of the Act repealing the city court of Sylvester as it now stands, but such parts of this Act which prohibit the judge of this court from practicing law in all the State courts of this State, shall not apply to those cases pending in any court of this State of which the judge of this court when appointed was actually engaged as counsel, nor shall it apply to his practice in the Federal courts of this State. 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 21, 1905. CITY COURT OF TATTNALL COUNTY, ABOLISHED. No. 413. An Act to abolish the city court of Tattnall county, to provide that all cases pending therein and all unfinished business, books, papers and records thereof be transferred to the city court of Reidsville, 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 as soon as this Act shall go into effect as hereinafter provided, the city court of Tattnall county, established by recommendation of the grand jury, shall be abolished. City Court of Tattnall county. SEC. 2. Be it enacted by the authority aforesaid, That all cases pending in said city court of Tattnall county shall be transferred to the cty court of Reidsville, to be disposed of as other cases therein. Transfers to City Court of Reidsville. SEC. 3. Be it enacted by the authority aforesaid, That all mesne and final process from the city court of Tattnall county which has not been executed, shall be returnable to the city court of Reidsville, and all claims, illegalities, and other issues arising from the execution of such process, shall be returnable as though such process had issued from the city court of Reidsville. Process, etc., how returnable

Page 383

SEC. 4. Be it enacted by the authority aforesaid, That all mesne and final process from the city court of Tattnall county not executed when this Act goes into effect, may be executed by the officers having the authority to execute similar papers from the city court of Reidsville. How executed. SEC. 5. Be it enacted by the authority aforesaid, That all dockets, minutes, records, books and papers of the city court of Tattnall county shall be turned over to the clerk of the city court of Reidsville. Books, etc. SEC. 6. Be it enacted by the authority aforesaid, That this Act shall go into effect immediately upon the approval of an Act of the present General Assembly to establish the city court of Reidsville, in Tattnall county, but this Act shall not be effective until the above-mentioned Act shall have become a law. SEC. 7. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. CITY COURT OF THOMASVILLE, ESTABLISHED. No. 601. An Act to establish the city court of Thomasville, in and for the county of Thomas; to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the city court of Thomasville is hereby established in the city of Thomasville, and created with civil and criminal jurisdiction over the whole county of Thomas, this Act to take effect on the first day of January, 1906, after its passage and approval by the Governor. City Court of Thomas ville. SEC. 2. Be it further enacted, That said city court of Thomasville shall have jurisdiction to try and dispose of all civil cases of whatever nature or amount, except in those cases over which exclusive jurisdiction is vested in the superior court by the Constitution and laws of the State of Georgia; provided, said city court of Thomasville shall not have power to correct errors in

Page 384

inferior jurisdiction by writs of certiorari, and said city court shall not have power to issue writs of mandamus or quo warranto, or foreclose mortgages on real estate, all suits brought in said city court, in which the principal sum involved does not exceed fifty ($50.00) dollars, the clerk shall only receive justice court costs with recording fees additional as hereinafter provided; and the sheriff shall only receive seventy-five cents for serving each copy, and one dollar for each levy in all cases of said city court of fifty dollars or under. When the clerk and the sheriff perform services for whcih no fees are provided in the justice courts, they shall receive the same fees as provided in this bill for like services in cases arising in this court. In all cases of fifty dollars or under, the clerk shall only receive for filing and docketing, entering judgment on the minutes, and issuing processes, thirty-five cents each for the three items. Jurisdiction. Fees of clerk and sheriff. SEC. 3. Be it further enacted, That said city court of Thomasville shall have jurisdiction to try and dispose of all misdemeanors committed in said county of Thomas; that the judge of the superior court may send down from the superior court of said county all presentments and bills of indictment for misdemeanors to said city court for trial, said order to be entered in the minutes of both courts; and it shall be the duty of the justice of the peace and notaries public of said county to bind over to said city court of Thomasville all persons charged with offenses, committed within the limits of said county over which said city court of Thomasville has jurisdiction. Criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That the city court of Thomasville shall be a court of record, and shall have a seal, and the minutes and records that are required by law to be kept for the superior court shall be kept in the said city court of Thomasville in the same manner. All laws applicable to the duties of the clerk and sheriff of the superior court shall apply to them in the city court of Thomasville, except where it is otherwise provided in this Act. All process and writs shall be issued and signed by the clerk, tested in the name of the judge, and be directed to and served by the sheriff of said court of his deputy. Court of record. SEC. 5. Be it further enacted by the authority aforesaid, That said city court of Thomasville shall be held in the county court-house in Thomasville, in Thomas county, unless and until some other suitable place for holding it shall be provided by the board of county commissioners of said county; and said board of

Page 385

county commissioners shall provide the necessary books for keeping its dockets, minutes and records. Court-house, books, etc. SEC. 6. Be it further enacted by the authority aforesaid, That the terms of said city court of Thomasville shall be held quarterly, beginning on the first Mondays in March, June, September and December of each year. The judge of said city court shall have power to hold said court in session from day to day for such period as may be necessary to transact the business of the court; that he may hold adjourned terms of the regular quarterly terms, when in his discretion needful; and in his discretion, between the regular quarterly terms thereof, he may hold at any time special sessions for the trial of criminal cases, with or without a jury, if to the interests of the State and the accused, and for the disposition of such civil cases and business as may be ready for trial by the consent of parties, or in the discretion of said judge, where the dispatch of business or the ends of justice require it. Civil or criminal trial at such special terms may be held by the judge without a jury, or if a jury be demanded, the judge shall have the power, either at such special term or prior thereto, to open the jury box of said court and draw a jury for said term or terms as for the regular term. Terms of court. SEC. 7. Be it further enacted by the authority aforesaid, That all civil cases shall be returnable for trial at the regular quarterly term of said court, after twenty days have elapsed from the filing and docketing on the proper docket of the court, and at least fifteen days from service thereof on the defendant; the defendant shall file his defense on or before the first day of the first term of said court, and said case shall then be tried unless continued, postponed or passed by the court, for such causes and under such rules as cases are now continued, postponed or passed, unless not reached by the court. The judge, in his discretion, on sufficient cause shown, may postpone any case to a later date in the term, or to a special or adjourned term, having due regard to the time and opportunities parties may have had from the circumstances and nature of the cases to be ready for trial. Proceedings. SEC. 8. Be it further enacted by the authority aforesaid, That any person may be tried on a written accusation, which shall set forth plainly the offense charged, and be signed by the prosecutor and the prosecuting attorney. It must be based on an affidavit made by the prosecutor before the judge. When the accusation affidavit and the accusation are filed in the clerk's office, the judge shall issue a warrant for the arrest of the defendant, directed to

Page 386

the sheriff of the court or his deputy, and all and singular the sheriffs and constables of the State. Accusation. SEC. 9. Be it further enacted by the authority aforesaid. That before the arraignment of the defendant, the judge shall inquire of him whether he demands indictment, and the response of the defendant shall be endorsed on said accusation, and signed by the prosecuting officer of said court. If the defendant demands indictment, the judge of said court shall, in the event of the inability of the defendant to furnish proper bail, which shall be required of him for his appearance to answer such indictment as may be found conformable to the general law of bail in criminal cases, deliver said defendant to the county jail to await the action of the grand jury in such cases; if a true bill is found or a special presentment is made, and the case is returned to the city court of Thomasville, all subsequent proceedings shall be in conformity with the laws regulating the trial of misdemeanors in the superior court, except as otherwise provided in this Act. If the defendant waives indictment the judge of said court shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation, and signed by the prosecuting officer in said court. If the defendant demands a trial by jury, the judge of said court shall proceed with said cause, at the regular term of said court, according to the rules and laws of the superior court, applicable to the trial of misdemeanors, except that the jury shall be selected in the manner provided by this Act. If the defendant demands a trial by jury, and the said court is not sitting at regular term, the judge shall admit the defendant to bail to appear at the next regular term, or in the defendant's failure to give bond, shall commit him to jail until the next regular term of said court. If the defendant waives trial by jury, then the said judge shall proceed to hear and determine such case, conformable to the law governing superior courts, as the same may be applicable; provided, that a reasonable time may be granted to the State or the defendant to procure witnesses. Indictment. Trial by ury. SEC. 10. Be it further enacted by the authority aforesaid, That in all trials of criminal cases on accusations, found on affidavits, the counsel for the State shall have the right, at any stage of any trial, to amend the allegations, both in substance and in form, so as to cure any legal or technical defects, and to secure all allegations necessary to charge the crime or make allegations conform to the proof, to avoid variance of allegation and proof in the crime originally charged; provided, the presiding judge may, if

Page 387

in his discretion the ends of justice require, grant a continuance to the defendant on the grounds of surprise. Amendments. SEC. II. Be it further enacted, That there shall be a judge of the said city court of Thomasville, who shall be elected by the qualified voters of the county of Thomas, at the next general election for county officers held in said county in October, 1908, whose term of office shall begin on the first day of January, 1909, and shall be for four years from said date, until his successor is elected and qualified; said judge to be elected under the same rules and regulations as other county officers are elected. As the terms of office of the judge of the said city court of Thomasville expire, his successor shall be elected and qualified, said judge shall be commissioned by the Governor of the State of Georgia for a term of four years and until his successor is elected and qualified. If a vacancy shall occur, either by death, resignation or otherwise, the Governor shall appoint a judge to fill such vacancy, to hold office until the first of January next succeeding a general election for county officers, at which general election the judge shall be elected for the unexpired term, if any. Judge. SEC. 12. Be it further enacted by the authority aforesaid, That the judge of said court must be at least twenty-eight years of age; must have been a resident of the county of Thomas at least three years immediately preceding his election, and a practicing attorney at law at least five years before his election. Before entering upon the discharge of his duties, he shall take and subscribe to the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equally right to the poor and the rich, and that I will faithfully and impartially discharge and perform my duties, which may be required of me as judge of the city court of Thomasville, in the county of Thomas, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God. Such oath shall be immediately forwarded to the Governor and filed in the Executive Department. Said judge may practice law in any other court except the one provided for by this Act; he shall have authority to issue criminal warrants, to dispossess tenants holding over and intruders; to issue distress warrants, and generally to do all acts which the judges of the county courts are generally authorized to do, unless otherwise provided in this Act. The said judge shall receive a salary of twelve hundred dollars per annum, which shall be paid monthly out of the treasury of Thomas county; said salary

Page 388

shall not be increased or diminished during his term of office, except to apply at a subsequent term. Said judge shall have the same power to enforce his orders, preserve order, and punish for contempt, and enforce laws and judgments, as is vested by law in the judges of the superior courts of this State. Qualifications and oath of judge. Authority. Salary. SEC. 13. Be it further enacted, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and to dispose of the same, in the same manner and with the same power as a judge of the superior court. Habeas corpus. SEC. 14. Be it further enacted, That whenever the judge of said court is from any cause disqualified, and the judge of the superior court can not, from any cause, preside in said court as provided for in the Constitution, then upon the consent of the parties, or upon their failure and refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided in the superior courts. Judge pro hac vice. SEC. 15. Be it further enacted, That the judge of said court shall have power to cause testimony to be taken and used, de bene esse, then his jurisdiction in such cases shall be according to the general laws of this State, and the judge and all other officers of said court shall have power, respectively, to administer all oaths pertaining to their offices as the judge and all other officers of the superior courts may in all cases do; said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State, in which by existing laws, such papers may be attested, and affidavits administered by justice of the peace of this State, and the judge of said court shall have all the powers and authority thereto in said county of Thomas, of judges of the superior courts, except where, by law, exclusive power and authority are vested in the judge of the superior court; and all laws relating and governing judges of the superior courts shall apply to the judge of the city court of Thomasville, so far as the same may be applicable, except as herein otherwise provided. Powers of Judge. SEC. 16. Be it further enacted. That there shall be a solicitorgeneral of said city court of Thomasville, who shall be elected by the qualified voters of the county of Thomas, at the next general election held in said county for the election of county officers in October, 1908, whose term of office shall be for four years, beginning on the first day of January, 1909. Said solicitor-general shall be commissioned by the Governor for a term of four years from his election and qualification. Said solicitor-general shall be elected under the same rules and regulations as

Page 389

other county officers are elected. All vacancies shall be filled by the Governor of the State of Georgia, who shall appoint a solicitor-general of said city court to hold office until the first day of January next succeeding the next general election for county officers in said county, after the said vacancy occurs, at which election a successor shall be elected to fill the unexpired term, if any. Said solicitor-general shall be the prosecuting attorney of the said city court of Thomasville; he must be at least twenty-five years old at the time of his election; must have been a resident of the county of Thomas for at least three years immediately preceding his election. He shall prosecute for all offenses cognizant before the court, and shall represent the State in all cases carried to the Supreme Court from said city court, but in his absence the judge may appoint a solicitor-general pro tem., who shall receive the same fees allowed to the solicitor-general in cases conducted by him. The fees of the solicitor-general of the said city court shall be as follows: For every person prosecuted to trial or plea of guilty, ten dollars; for every case settled before a judgment, verdict or plea, five dollars: for every indictment or special presentment prosecuted to trial or plea of guilty, five dollars; same fee if settled or withdrawn, or abandoned before trial; for every case for the violating of the gambling laws of this State, twenty-five dollars; for representing the State in every case carried to the Supreme Court from said city court, fifteen dollars, and for all services for which this Act does not provide, he shall receive the same fees as are now allowed by law for the same service in the superior courts. Solicitor. SEC. 17. Be it further enacted, That on the first Monday in each month, or on any day previous to the first Monday, he may deem proper to do so, the judge shall distribute the fines and forfeitures arising from the cases tried in the court as follows: All bills due to the solicitor-general of said city court, the sheriff and clerk, shall be approved by the judge and entered upon the minutes, and shall be a lien upon all fines and forfeitures raised in the court superior to all other claims for insolvent costs, and when the judge distributes such fines and costs and forfeitures, he shall pay the same to the solicitor-general of said city court, the sheriff and clerk of said court, and any other bills for insolvent costs for fees cases in said court, and when the bills are fully paid, he shall order the surplus paid to the treasurer of said county, who shall place it to the credit of the fines and forfeitures fund, and it shall be distributed as provided by law. The solicitor-general and the clerk of the superior court and sheriff of the superior

Page 390

court, shall share pro rata in the fines and forfeitures arising from cases transferred from the superior court before any surplus is paid into the county treasury. When a justice of the peace or a notary public or an ex-officio justice of the peace has bound over such offender whose case is transferred, such officers shall share in the same terms with the sheriff, clerk and the solicitor-general of the superior court, in any fund and forfeiture arising in the case; provided, however, that the insolvent costs due the solicitor-general, the sheriff and the clerk of the superior court shall be paid only from moneys arising from fines and forfeitures in cases sent down from the superior court. Fines and [Illegible Text] distribution of. SEC. 18. Be it further enacted, That the clerk of the superior court of Thomas county shall be the clerk of the said city court, and shall perform in the said city court the same duties that are by law required of him as an officer of the superior court, so far as the same do not conflict with the provisions of this Act. Said clerk shall, before entering on the duties of the office, take and subscribe an oath to perform faithfully and impartially the duties thereof, which oath shall be entered on the book of the minutes of the said city court; he shall also before entering on the duties of his office execute a bond with good security in the sum of one thousand dollars, for the faithful discharge of the duties of his office. In the event the clerk of the superior court shall fail to qualify or execute the bond, the judge of said city court is hereby authorized to appoint a clerk of said court. Clerk. SEC. 19. Be it further enacted, That the sheriff of Thomas county shall be sheriff of the said city court; that before entering on the discharge of the duties of his office, he shall execute a bond with good security in the sum of five thousand dollars, for the faithful discharge of the duties of his office. He shall have power to appoint a deputy or deputies with the consent of the judge. In the event the sheriff of the superior court of Thomas county shall fail to qualify or execute the bond, the judge of said city court is hereby authorized to appoint a sheriff for the said court. Sheriff. SEC. 20. Be it further enacted, That all the duties and liabilities attached to the office of the clerk of the superior court, and to the office of the sheriff, shall be attached to the offices of the clerk and sheriff of the said court, respectively; and the judge of the said city court is empowered to exercise the same authority over the clerk and sheriff and his deputy or deputies as is exercised by the judge of the superior courts over the clerks of the superior courts and the sheriffs of the counties of Georgia. Duties and liabilities of clerk and sheriff

Page 391

SEC. 21. Be it further enacted, That the fees of the clerk and of the sheriff of said city court shall be the same as are or may be allowed by law to the clerk of the superior court and the sheriff of the superior court, in all criminal cases, and in all civil cases, where the principal sum involved exceeds one hundred dollars. Where the principal sum is less than one hundred dollars, they shall receive only one-half the amount for all services, and where the principal sum is less than fifty dollars, they may require the plaintiff, at the time of filing the suit, to pay the difference between justice court costs, which is the limit of recovery in such cases, and the amount provided in this court in such cases. Fees of clerk and sheriff. SEC. 22. Be it further enacted, That the judge of said court, at each term, may appoint not exceeding two bailiffs. Bailiffs. SEC. 23. Be it further enacted, That the clerk shall prepare and file in his office a complete copy of the traverse jury list of the superior court of Thomas county, as provided from time to time for the superior court. From said copy traverse jurors in said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets the names of each traverse juror, and shall number the same and place same in a box to be prepared for the purpose, from which shall be drawn all traverse jurors, as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales jurors in the superior court shall apply to said city court, except as herein otherwise provided. Jurors. SEC. 24. Be it further enacted by the authority aforesaid, That all laws in reference to qualifying, empaneling, fining and challenging jurors now of force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Jurors. SEC. 25. Be it further enacted, That from said panel of twenty-four traverse jurors, drawn and summoned by the provisions of this Act, the judge of the said city court shall cause to be made up two panels, which shall be known and distinguished as panels number one and number two; and all cases of issues to be tried by jury, civil or criminal, at that term of said court shall be tried by one of these or by a jury stricken from both as hereinafter provided. In case, from any cause, said panel shall be reduced below twenty-four, the judge shall have power to fill it by causing talesmen to be summoned instanter. All laws and rules, both civil and criminal, regulating the selection of juries in

Page 392

superior courts shall apply to said city court, except where they are inconsistent with the terms of this Act. Juries. SEC. 26. Be it further enacted, That one or more extra panels of juries may be summoned for the city court where needed, in the opinion of the presiding judge. Juries. SEC. 27. Be it further enacted by the authority aforesaid, That the jurisdiction, methods and proceedings in the said city court shall be the same as in the superior court, unless otherwise provided by this Act. Pleading and practice. SEC. 28. Be it further enacted by the authority aforesaid, That all the laws regulating and enforcing judgments in the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied, and sales be had thereunder under the same rules and laws regulating the same in the superior court. Judgments. SEC. 29. Be it further enacted, That suits in the said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as otherwise provided in this Act. Pleadings. SEC. 30. Be it further enacted, That all matters pertaining to the mode of commencing suit, pleading, etc., the laws governing the superior court, where not inconsistent with this Act, and unless otherwise provided by this Act, shall be applicable to said city court. Pleadings. SEC. 31. Be it further enacted, That the judge shall have power to hear and determine all civil cases of which said court has jurisdiction, and to give judgment and execution thereon. The defendant in any case is entitled to trial by jury in such court, upon entering demand therefor by himself or attorney in writing within fifteen days after the first day of the term of said court to which the case is returnable; in all cases where such parties are entitled to a frial by jury, under the Constitution and laws of this State, except cases where the principal sum involved is not over fifty dollars, a trial by jury shall not be had. Trials. SEC. 32. Be it further enacted, That said court shall have jurisdiction of all claims where personal property is involved, and such claims shall be tried in the same manner as claims in the superior court. Claims to personalty SEC. 33. Be it further enacted, That claims to real property, levied on under executions or other processes from said city court, shall be returned to the superior court of the county, where such real property is situated, and shall there proceed as other claims in the superior court. Claims to realty.

Page 393

SEC. 34. Be it further enacted, That all laws upon the subject of attachment and garnishments as to any matter whatever 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 the said court returnable to said court, shall be directed to the sheriff or his deputies of the said city court of Thomasville, and the judge of the city court may, or any justice of the peace or notary public, or notary public, or ex-officio justice of the peace, can issue attachments returnable to said city court, under the same laws that govern the issuing of attachments, returnable to the superior court. Attachments, etc. SEC. 35. Be it further enacted, That garnishment proceedings in said court shall be conformable to the laws of the State on the subject in the superior courts. When any garnishment proceedings are commenced under sections 4715, 4716 and 4717 of the Code of Georgia of 1895, volume 2, based upon suits pending in this court, or judgment obtained in this court, the person served with summons of garnishment, residing in a different county from the county of Thomas, shall be required to answer in the superior court of the county of his residence in the manner provided by the said section aforesaid. Garnishments. SEC. 36. Be it further enacted, That scire facias, to make parties in any cause in said city court shall be had as in the superior court, but where scire facias shall run throughout the State, it may be served by any sheriff or his deputy. Parties. SEC. 37. Be it further enacted by the authority aforesaid, That the judge of said court shall have power to grant a new trial in any case upon the same conditions and under the same law that governs the granting of new trials in the superior court. New trials SEC. 38. Be it further enacted, That a writ of error shall be directed from said city court to the Supreme Court of this State upon a bill of exceptions, filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error. SEC. 39. Be it further enacted, That all cases in said court shall have the same power and the same rights in pleading or procedure, or other matters pertaining to the same, as cases in the superior court. Practice. SEC. 40. Be it further enacted, That all criminal cases tried in the said city court by the judge, or by him and a jury, the party held liable for costs shall pay to the judge the sum of three dollars; half that amount to be paid to the county treasurer for general purposes. In all cases commenced but not tried, the party

Page 394

held liable for costs shall pay the sum of two dollars to be disposed as aforesaid. Costs. SEC. 41. Be it further enacted. That all juries in said city court shall receive two dollars per day for their services for every day of actual attendance, and shall be paid in the same manner, and under the same rules and regulations as juries in the superior court. Per diem of jurors. SEC. 42. Be it further enacted, That all rules of the superior courts relating to continuances, motions and pleas and practice, shall be applicable to said city court, and shall obtain therein. Rules of practice. SEC. 43. Be it further enacted, That the first term of said court, to which a case is brought, shall be the appearance or return term; the second term shall be the trial or judgment term, and all laws, rules and practices in said court, with reference to the terms thereof, and continuances and trials of cases therein, shall be the same as in the superior court, unless otherwise provided in this Act. Appearance and trial terms SEC. 43. Be it further enacted by the authority aforesaid, That all cases undisposed of in the county court of Thomas county shall be transferred to said city court, and be disposed of as other cases therein. All processes returnable to said county court shall be returned to said city court. The officers of said city court shall have power to enforce in the name of the city court any process in the case, from the county court, necessary for the final disposition of the same. Transfers from County Court. SEC. 44. Be it further enacted, That all records, books and papers of file in the said county court shall be filed with the clerk of the said city court. All fi. fas. and final processes from the county court shall be enforced by the sheriff of said city court, and return thereof made to the city court, and the bills for insolvent costs of the officers of the county court are hereby given a lien upon all moneys arising from fines and forfeitures from said city court to the same extent as they now have upon fines and forfeitures in the said county court. Records, etc., of County Court. SEC. 45. Be it further enacted by the authority aforesaid, That the Governor of Georgia shall appoint a judge and a solicitor-general of said city court of Thomasville, whose terms of offices shall begin on the 1st day of January, 1906, and be for a term of three years from said date under said appointment, and until their successors are elected and qualified. The terms of office of the above named officers to expire on the 1st day of January, 1909, and their successors to be elected at the regular election for county officers in October, 1908, and the terms of

Page 395

office of said officers to be four years from the 1st day of January, 1909, and all succeeding terms to be for four years, and until the successors of the above named officers are elected and qualified as provided in this Act. Judge and solicitor, appointment of. SEC. 46. Be it further enacted, That all laws and principles of law in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1905. CITY COURT OF VALDOSTA, ACT CREATING AMENDED. No. 311. An Act to amend an Act establishing the city court of Valdosta, in and for the county of Lowndes, approved December 11th, 1901, as amended by an Act amendatory thereof, approved December 19th, 1902, so as to change the time of holding said court, to allow judgments taken at the first term where cases are in default, to provide for an increase of the salary of the judge of said city court, for an increase in the fees paid the sheriff and the clerk of said court, and to provide for payment of costs in criminal cases where convicts are employed by the county authorities, 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 establishing the city court of Valdosta, in and for the county of Lowndes, approved December 11th, 1901, and embodied in the Acts of 1901, pages 176 and 188, inclusive, be, and the same is, hereby amended as follows: City Court of Valdosta. SEC. 2. Be it enacted, That section 2 of said Act be amended as follows: By striking out all of said section two in said Act after the word Senate, in the ninth line of said section, so that said section 2, when amended, shall read as follows: Sec. 2. Be it further enacted, That said city court of Valdosta shall have jurisdiction to try and dispose of all civil cases of whatever nature or amount, except in those cases over which exclusive jurisdiction is vested in the superior court by the Constitution and laws of the State of Georgia; laways provided that said city court

Page 396

of Valdosta shall not have power to correct errors in inferior jurisdiction by writ of certiorari, the said city court shall not have power to issue writs of mandamus or prohibition or quo warranto or to foreclose mortgages on real estate. Civil jurisdiction. SEC. 3. Be it further enacted, That said Act be amended as follows: By striking out all of section 9 of said Act and inserting in lieu thereof the following words: Be it further enacted, That the fees of the clerk and of the sheriff of said court shall be the same as are now, or may hereafter be, allowed by law to the clerk of the superior court, and to the sheriff of the county for like services, except that in all suits brought in said court in sums of one hundred dollars or less, the clerk shall receive fifty cents for filing and docketing each suit, fifty cents for copying and issuing each process, fifty cents for each extra copy, fifty cents for entering each verdict on minutes and fifty cents for entering up judgment on minutes, and the sheriff shall receive one dollar for serving each copy of suit, one dollar for each levy and one dollar for settlement of each execution placed in his hands; so that said section, when amended, shall read as follows: Sec. 9. Be it further enacted, That the fees of the clerk and of the sheriff of said court shall be the same as are now, or may hereafter be, allowed to the clerk of the superior court and to the sheriff of the county for like services, except that in all suits brought in said court in sums of one hundred dollars or less, the clerk shall receive fifty cents for filing and docketing each suit, fifty cents for copying and issuing each process, fifty cents for each extra copy, fifty cents for entering each verdict on minutes and fifty cents for entering each judgment on minutes, and the sheriff shall receive one dollar for serving each copy of suit, one dollar for each levy and one dollar for settlement of each execution placed in his hands. Fees of clerk and sheriff. SEC. 4. Be it further enacted, That section 11 of said Act be amended by striking out the word second, in the second line of said section, and inserting in lieu thereof the word first, so that said section, when amended, shall read as follows: Sec. 11. Be it further enacted, That the terms of said city court of Valdosta shall be held quarterly, beginning on the first Monday in March, June, September and December of each year. The judge of said city court shall have power to hold said court in session and adjourn from time to time; providing that said court shall be finally adjourned at least five days before the next succeeding term. Terms of court. SEC. 5. Be it further enacted, That section 41 of said Act be

Page 397

amended by inserting after the word term, and before the word and, in the third line of said section, the following words: Provided, always, where any case is in default, the plaintiff shall be entitled at the first or return term, on the call of the appearance docket, to take a verdict or judgment as the case may require, so that said section, when amended, shall read as follows: Sec. 41. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance or return term, the second shall be the trial or judgment term; provided, always, where any case is in default, the plaintiff shall be entitled at the first or return term, on the call of the appearance docket, to take a verdict or judgment as the case may require, and all the laws, rules and practice in said court with reference to the terms thereof and to the continuances, pleadings and trials of causes therein, shall be the same as in the superior court, unless otherwise provided in this Act. Appearance and trial terms SEC. 6. Be it further enacted, That section 43 of said Act be amended by adding to said section 43 the following words: In case of conviction and sentence in said court to work in the chaingang on the public works or roads, and where the commissioners of roads and revenues of said county of Lowndes shall actually work said convict upon the public works or roads of said county, they shall pay to the officers of said city court at their first regular meeting after receiving said convict in the chain-gang, out of the general funds of said county, the sum of twenty dollars for each convict from said court so worked, said sum to be in lieu of all costs and fees in said case and to be apportioned among the officers of said court pro rata, according to the amount of each officer's respective costs and fees in said case, and should an alternative sentence be imposed and the convict during his term pay said fine, the money so received shall be paid into the county treasury to the credit of the general county fund, so that said section, when amended, shall read as follows: Sec. 43. Be it further enacted, That all criminal cases tried in said city court by the judge, or by him and a jury, the party held liable for the cost shall pay to the judge the sum of three dollars for the county, to be paid to the county treasurer for general purposes. In all cases commenced, but not tried, the party held liable for the cost shall pay the sum of two dollars, to be disposed of as aforesaid. In case of conviction and sentence in said court to work in the chain-gang on the public works or roads, and where the commissioners of roads and revenues of said county of Lowndes shall actually work said convict upon the public works or roads of said

Page 398

county, they shall pay to the officers of said city court, at their first regular meeting after receiving said convict in the chaingang, out of the general funds of said county, the sum of twenty dollars for each convict from said court so worked; said sum to be in lieu of all costs and fees in said case and to be apportioned among the officers of said court pro rata according to the amount of each officer's respective costs and fees in said case, and should an alternative sentence be imposed and the convict during his term pay said fine, the money so received shall be paid into the county treasury to the credit of the general county fund. Convict hire. SEC. 7. Be it further enacted, That that section four of the Act approved December 11th, 1901, be amended by striking from line eleven of said section four of said Act the words twelve hundred dollars and insert in lieu thereof the words fifteen hundred dollars, so that said section, when amended, will read as follows: Sec. 4. Be it further enacted, That there shall be a judge of said city court of Valdosta, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and until his successor is appointed and qualified, and all vacancies in the office of judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of said city court of Valdosta shall receive a salary of fifteen hundred dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Lowndes by the person or persons charged by law with paying out of the money of Lowndes county. Judge. 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 15, 1905.

Page 399

CITY COURT OF WASHINGTON, ESTABLISHED. No. 65. 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 election of a judge and solicitor thereof, and the appointment of other officers, 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 the city court of Washington, to be located in the city of Washington, in the county of Wilkes, of this State, is hereby established and created, with civil and criminal jurisdiction over the whole county of Wilkes, concurrent with the superior court to try and dispose of all civil cases of whatsoever nature except those of which the Constitution of the State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Wilkes; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the superior courts, either under the common law or by statute, including among other attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosures of all liens and mortgages and quo warrantos. City Court of Washington. Jurisdiction. SEC. 2. Be it further enacted by the same authority, That there shall be a judge of said city court, who shall be elected by the legally qualified voters of Wilkes county, said election after the first hereinafter provided for, shall be held at the same time and place and under the same rules and regulations governing the election of representatives from said county in the General Assembly. Should a vacancy occur in said office after December 1st, 1907, the same shall be filled by special election called and held in the same manner and to be governed by the same rules and regulations as apply to elections for representatives as aforesaid. The Governor shall appoint a person to fill said office in case

Page 400

of a vacancy therein until an election can be held to fill the same, as above provided; provided, however, that if not more than six months shall expire before the next general election after the occurrence of such vacancy, no special election shall be held, but the appointee shall hold until the vacancy can be filled at said general election. The person elected to fill said vacancy shall hold for the unexpired term. The term of office of the judge of said court after the first hereinafter provided for, shall be four years. The judge of said court shall receive a salary of one thousand dollars per annum, which shall not be increased nor diminished during his continuance in office by such election, and it shall be paid monthly by the treasurer of Wilkes county out of the general fund in the treasury of said county. It shall be the duty of the commissioner of roads and revenues of said county, or other proper county officer, to make provision annually in levying the taxes for this purpose. The said judge shall receive no other compensation. Judge. SEC. 3. Be it further enacted by the same authority, That no one shall eligible to the office of said judge unless he be at the time of his qualification at least twenty-seven years of age, a resident of Wilkes county for four years immediately preceding his election or appointment, and must have practiced law continuously for five years. He shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect of persons, and do equal rights to rich and poor alike, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the city court of Washington, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, which oath shall be filed in the executive department. Qualifications and oath of judge. SEC. 4. Be it further enacted, That the judge of said city court shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, to issue and dispose of distress warrants, and generally to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Said judge shall also have power to have testimony to be taken de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases, according to the general laws of this State. And the judge and all other officers of said city court shall have power, respectively, to administer oaths pertaining to their respective offices, as the judge

Page 401

and other officers in the superior court may in like cases do, and said judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by a justice of the peace of this State. And the judge of said city court shall have all the power and authority throughout his jurisdiction of judges of superior courts, except when by law exclusive power and authority is vested in the judges of superior courts, and all laws relating thereto and governing the judges of the superior courts shall apply to said judge of said city court, so far as the same may be applicable, except as herein provided. Powers of judge and officers. SEC. 5. Be it further enacted, That the judge of said city court may practice law in any of the courts of this State or of the United States, except the city court and the Supreme Courts in writs of error from the city court. The judge of the city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as judges of the superior courts. Judge. SEC. 6. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the superior courts, except as otherwise provided in this Act. All rules of pleading, practice and procedure governing motions, rules nisi and other proceedings in new trials in the superior courts shall apply to govern the same in said city court, unless otherwise provided in this Act. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made within two days, and passed upon by the judge of said city court within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause further time may be granted, in the discretion of the judge of said city court. In all other respects such motion must be governed by the ordinary rules aforesaid. Upon the new trial of a case, either party in a civil case, as provided in section 17 of this Act, or the defendant in a criminal case, shall have the right to demand a jury trial, without regard to whether or not the preceding trial of the case was with or without a jury. New trials. SEC. 7. Be it further enacted, That a writ of error direct from the said city court of Washington to the Supreme Court of this State shall be upon bills of exceptions, filed under the same rules

Page 402

and regulations as govern and control the filings of bills of exceptions and the issuing of writs of error in the superior courts of this State. Writes [Illegible Text] error. SEC. 8. Be it further enacted, That in the absence of judge of said city court, from indisposition or otherwise, from any term of said court, it shall be the duty of the clerk or sheriff of said court to open and adjourn said court to such day as the judge in writing may direct. The judge of said city court may hold adjourned terms of said court when in his discretion the same is advisable, and jurors summoned to the quarterly term immediately preceding such adjourned term shall serve at such adjourned term. Judge, absent. SEC. 9. Be it further enacted, That the sessions of said city court shall be held in the courthouse of Wilkes county, in the said city of Washington, or at some other place in said city, if at any time it should become necessary in the opinion of the judge of said city court. Courthouse. SEC. 10. Be it further enacted, That when the judge of said court is disqualified from presiding, the judge of the superior court may preside in his stead, and if the judge of the superior court can not, from any cause, preside, then upon the consent of the parties, or upon their failure to agree, said case shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court, or any judge of any city court in this State may preside in said city court of Washington, in any and all cases, whether said judge of said city court of Washington is disqualified or not. Judge pro [Illegible Text] vice. SEC. 11. Be it further enacted, That there shall be a solicitor of the city court of Washington, who shall be elected at the same time and by the same manner as herein provided for the election of judge of said court, and vacancies in his office shall be filled in the same manner. No person shall be eligible to the office of solicitor of said court who shall not have arrived at the age of twenty-three years, shall not have been a resident of Wilkes county for one year, and shall not have practiced law for the period of two years at the time of his qualification for the duties of said office. Said solicitor, before entering upon the duties of his office, shall give bond with good security in the sum of five hundred dollars, conditioned for the faithful discharge of the duties of said office, and in addition to the oath required of all civil officers shall take and subscribe the following: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Washington,

Page 403

so help me God. Said bond shall be payable to the Governor, shall be approved by judge of said court, and shall, together with said oath, be entered on the minutes of said court by the clerk, and may be sued upon by any person interested. If for any reason said solicitor shall fail or be disqualified to act in any case, the court shall have power to appoint a solicitor pro tempore. Solicitor. 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 shall be a party, and shall perform therein such other duties as usually appertain to this office. The fees of the solicitor of said city court shall be as follows: For every case founded on accusation finally disposed of in city court, ten dollars. For every indictment or special presentment finally disposed of in said court, five dollars. For all other services not provided for by this Act, the same fees as are allowed solicitors-general for like services and cases in the superior courts. For representing the State in every case carried to the Supreme Court from said city court, fifteen dollars. Fees of solicitor. SEC. 13. Be it further enacted, That the solicitor of said city court shall for his services in the Supreme Court be paid out of the treasury of the State by warrant drawn by the Governor, upon the certificate of the clerk of the Supreme Court as to the performance of the services, and the certificate of the clerk of said city court of the insolvency or the acquittal of the defendant. Fees of solicitor in Supreme Court. SEC. 14. Be it further enacted, That the judge of said city court shall have the same power to appoint bailiffs at each term of the said city court that judges of superior courts have, who shall be entitled to two dollars per day. Bailiffs. SEC. 15. Be it further enacted, That there shall be a clerk of said city court, who shall be appointed by the judge thereof; said clerk shall, before entering upon the duties of his office, take and subscribe an oath before the judge of said court to faithfully and impartially discharge the duties thereof; he shall also, before entering upon the duties of said office, execute a bond with good security in the sum of one thousand dollars, for the faithful discharge of the duties of said office, said bond to be approved by the judge of said court, and the oath and bond aforesaid shall be recorded in the office of the clerk of said court, after which the bond shall be deposited in the office of the ordinary of said county. Said clerk shall have the same power to administer affidavits and attest deeds and other papers as is vested in clerks of the

Page 404

superior courts of this State. It is also provided that the clerk of the superior court of said county shall be eligible to hold the office of clerk of said city court, and the judge may, if he sees proper, appoint him to that office. Clerk. SEC. 16. Be it further enacted, That the sheriff of Wilkes county and his deputies shall be, by virtue of their offices, sheriff and deputy sheriffs of the city court of Washington. For services rendered in the discharge of their duties as officers of said city court they shall be allowed the same fees as are now allowed, or that may be hereafter allowed, by law for the discharge of similar duties performed by them as officers of the superior court, except as otherwise provided in this Act. The judge of the said city court may, in his discretion, appoint one or more special officers, who shall be styled sheriff of the city court of Washington, who shall have the same powers as the sheriff of Wilkes county to serve and execute all writs, fi. fas., and all other processes, warrants and papers issuing from the said city court, and who shall be entitled to the same fees as the said sheriff of Wilkes county and his deputies under this Act. The judge shall require said sheriff of the city court, before entering upon his duties as such, to take an oath, to be recorded on the minutes of said court, faithfully to perform the duties as such sheriffs. Said judge of the city court shall also require of such sheriffs a bond in the sum of two thousand dollars, to be made payable and with the same conditions as the bond given by the sheriff of Wilkes county. The judge of said city court is empowered to exercise the same authority over the clerk of said city court and over said sheriff and his deputies, and said sheriffs of said city court as is exercised by the judge of the superior courts over the clerks of the superior courts and the sheriffs of the counties of Georgia. Sheriff. SEC. 17. Be it further enacted, That in the said city court the same rules of procedure, service, pleadings and practice shall govern as for the time being obtain in the superior courts, except as otherwise provided in this Act, and whenever and in all cases where the rules of the superior courts can not be made applicable on account of the difference in the constitution of said courts, then the said city court judge may make and promulgate rules to cover such cases. Suits for not over one hundred dollars principal and all issues and proceedings when not over one hundred dollars in value is involved, shall be returnable to the monthly sessions of said court, and stand for trial at the first term by the judge, without the intervention of a jury; provided, that in any such case, where an issuable defense is filed on oath, and a jury

Page 405

is demanded, such case shall be transferred to the next quarterly term of said court, and then stand for trial by a jury. Ordinary suits brought to said monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term in which they are returnable, and the same shall be served at least ten days before the said term. All other cases and proceedings must be brought to the quarterly terms and stand for trial at the first or second term, as similar cases would be tried in the superior courts. All judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the same manner as judgments in the superior courts are. All laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to said city court so far as the nature of the city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior courts, and all attachments returnable to the city court of Washington shall be directed to all and singular the sheriffs and constables of this State, and may be served by the sheriff of any city court, or of any county of the State, or any other officer authorized by law to levy attachments returnable to other courts. Garnishment proceedings in said city court shall be conformable to the laws in the State on the subject in the superior court. Pleading and practice. Judgments. Attachments. SEC. 18. Be it further enacted, That suits in the said city court shall in all respects be conformable to the mode of proceedings in the superior courts, except as herein provided; but the process to writs shall be annexed by the clerk of said city court, shall be attested in the name of the judge thereof, and shall be directed to and served by the sheriff and his deputies of Wilkes county, and the sheriffs of the city court of Washington. The general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examinations of parties to suits, or witnesses by interrogatories or under subp[oelig]na, including testimony de bene ese, witnesses and their attendance, continuances and other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court unless otherwise provided in this Act. It shall be competent to make additional parties in suits or proceedings in said city court where it is necessary to determine the rights of interested persons without reference to who the original parties or what the nature of the proceedings.

Page 406

Parties may make defenses on all grounds, whether legal or equitable. Pleading and practice. Parties. SEC. 19. Be it further enacted, That the terms of said city court shall be monthly and quarterly. The monthly terms to be held on the second Monday in each month, and the quarterly terms to be held on the third Mondays in January, April, July and October; provided that the city court judge may from time to time change the time for holding said court, such change to be advertised one time in the newspaper where the sheriff's sales are published, such terms to be as near equidistant as convenience will admit. The term of such court shall last till the business is disposed of; and the judge may set cases for trial at convenient times and the same may be tried then as of term, whether court has been held from day to day until said time or not. Terms of court. SEC. 20. Be it further enacted, That all laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said city court. The judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Judgments. SEC. 21. Be it further enacted, That traverse jurors in the city court of Washington shall be procured in the following manner: The clerk of said court shall provide a city court jury box, similar to the traverse jury box of the superior court, and shall write upon separate pieces of paper the names of each person upon the grand jury list of the superior court, and of each person upon the traverse jury list of the superior court, and shall place said names of all persons of the superior court lists in the city court jury box, from which shall be drawn traverse juries to serve in the city court of Washington. All laws with reference to the drawing and summoning and empaneling of traverse jurors in the superior courts shall apply to the city court of Washington, and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are paid, or hereafter may be paid. Jurors. SEC. 22. Be it further enacted, That all laws with reference to the qualification, empaneling and fining of jurors now of force or hereafter to be enacted regulating the same in the superior courts shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases

Page 407

where issues are to be tried by jury, the parties shall be entitled to a full panel of twenty-four from which to strike. In civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory challenges and the State five, and all laws governing the selection of juries in the superior courts shall apply to the city court of Washington, unless inconsistent with the provisions of this Act. And during the sessions of each quarterly term of said court the judge presiding shall in open court draw the jury for the next quarterly term; provided, if from any cause the jury shall not be drawn as aforesaid, the judge of said city court may draw them at any other time. The sheriff shall be entitled to a fee of five dollars for summoning jurors to quarterly terms. Juries. SEC. 23. Be it further enacted, That the clerk of said court shall for all suits brought to the quartely terms of said court, be entitled to the same fees as clerks of superior courts, and for suits brought to the monthly terms, his fees for the entire service, not including subp[oelig]nas, shall be two dollars, except where there is more than one defendant, when he shall be entitled to fifty cents for each extra defendant, for each subp[oelig]na fifteen cents, for each commission to take interrogatories fifty cents, for each criminal case tried on accusation in said court and each case transferred to the superior court three dollars, for each day's attendance on the regular terms two dollars, for all other services the same fees as clerks of the superior courts. The sheriff of said court shall be entitled to the same fees as sheriff of the county, except in cases brought to the monthly terms, he shall be entitled to only one dollar for serving each defendant, and same fees allowed constables for selling property under executions from the monthly terms, and two dollars per day for attendance upon the regular terms. Fees of clerk and sheriff. SEC. 24. Be it further enacted, That sales made under executions or other process from the quarterly terms shall be governed by the same rules and regulations as under superior court executions, and sales made under executions or other process from monthly terms may be made after advertising the property ten days at three public places in said county. All other sales shall be made under rules prevailing and governing in the superior court. All executions issuing from said city court shall be attested in the name of the judge and signed by the clerk of said court, and directed to the sheriff and his deputies of Wilkes county and the sheriff of the city court of Washington. Executions. SEC. 25. Be it further enacted, That the judge of said city

Page 408

court shall have the power and authority to hear and determine without a jury all civil causes of which the said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court, upon entering a demand therefor by himself or his attorney in writing, on or before the call of the docket at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Trials. SEC. 26. Be it further enacted, That said city court shall have jurisdiction to try all claim cases where personal property is levied on under process from said city court, and all issues made upon proceedings to forfeit bonds taken in cases in said city court, or transferred thereto, and to proceed to forfeit such bonds or recognizances as are given by persons charged with penal offenses or by a prosecutor to prosecute, or by a witness to appear and testify in cases in said city court, in the manner heretofore practiced in this State, whatever may be the amount of such bond or recognizance, and the rule nisi in cases of forfeiture of all such bonds for appearance at special terms, where the amount of the bond does not exceed one hundred dollars, shall be made returnable to and be disposed of at the next monthly term of said court, sitting not less than fifteen days after the granting of said rule; provided said rule must be served at least ten days before said term, and where the amount of said bond is over one hundred dollars, the said rule shall be made returnable to and disposed of at the next quarterly term of said court sitting not less than twenty days after the granting of said rule, said rule to be served fifteen days before said quarterly term. Claims. SEC. 27. Be it further enacted, That scire facias to make parties and revive judgments may be had as in the superior courts, but such scire facias shall run through the State, and may be served by any sheriff or his deputy thereof. Scire facias. SEC. 28. Be it further enacted, That any writ or process of said city court to be served in any other county than Wilkes shall be served by the same officers of the county of service as may serve the superior court process, and parties out of the State may be served as in superior courts. Service. SEC. 29. Be it further enacted, That all suits against joint obligors, joint promisors, copartners, or joint trespassers, in which any one or more reside in Wilkes county, may be brought in said court within its jurisdiction, under the same rules and regulations governing such cases in superior courts, mutatis mutandis, as to

Page 409

copies, second originals, returns and other matters connected with the suit. Joint obligors, etc. SEC. 30. Be it further enacted, That said city court shall be a court of record with a seal, and minutes, stationery, books, records, dockets and files that are required to be kept in the superior court, shall be kept in said city court, and the judge of said city court is authorized to procure such, to be paid for by the treasurer of Wilkes county on the order of said judge. Court of record. SEC. 31. Be it further enacted, That all rules of the superior courts relating to continuances, motions, pleas and practice, shall be applicable to said city court, and shall obtain therein, unless otherwise provided in this Act. Rules of practice. SEC. 32. Be it further enacted, That when any execution issued from said city court of Washington shall be levied on any realty in the State, and claim thereto be filed, it shall be returned to the superior court of the county where such realty lies, for trial and determination, as other claim cases returned to the superior court. Claims. SEC. 33. Be it further enacted, That all laws now of force in this State or may be passed in reference to any matters over which said city court of Washington has jurisdiction, shall apply to said city court, so far as the nature of the same will admit. Pleading and practice. SEC. 34. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the city court of Washington recently abolished by the repeal of the Act establishing it, shall be, and the same are, hereby transferred to said city court of Washington, and the same shall be tried and disposed of as other cases in said court, and shall stand for trial at the term corresponding to the term at which they would have stood for trial in the court that has been abolished; all dockets, records, books and papers of said court so abolished as aforesaid shall be turned over, to be used and disposed of by the city court of Washington, whose judge and other officers shall have power to issue and enforce in the name of the city court of Washington any and all processes in any case from said abolished court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said abolished court. All final and other processes heretofore issued returnable to said court so abolished shall be returned to the city court of Washington; all fi. fas. and final processes not satisfied, issued from said abolished court may be levied and enforced by the officers of and in the same manner as similar papers from the city court of Washington. This transfer to include all cases, matters and processes

Page 410

of whatever nature, originating in said abolished court, and which are yet undisposed of and unfinished. Transfer of cases and records. SEC. 35. Be it further enacted, That it shall be the duty of all committing courts in the county to bind over to said city court for trial, or to commit for trial by said city court all persons committed or admitted to bail by them for misdemeanors, and all persons charged with such offenses in said county may be brought directly before the judge of said city court for trial, without any previous committing trial. Whenever any person is committed to jail in said county for an offense within the jurisdiction of said city court, it shall be the duty of the jailor to communicate that fact to the judge of said city court as soon as practicable, and it shall be the duty of the judge on receiving such information in any manner to grant as speedy a trial as the circumstances of the case will permit. Said city court shall at all times be open for the trial of criminal cases. Appearance bonds. SEC. 36. Be it further enacted, That all criminal cases in said court, including cases transferred from the superior court of Wilkes county, shall be tried by the judge thereof, without a jury, unless a jury is demanded by the defendant, and before the defendant is arraigned, either on an indictment, presentment, or accusation, the judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on the indictment, presentment or accusation by the prosecuting officer of said court. If the defendant demands a trial by jury, and the said court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next quarterly term, or on the defendant's failure to give bond, shall commit him, or her, to jail to await his or her trial at a quarterly term. If the defendant waives trial by jury, then the judge of said court shall proceed to hear and determine such criminal cause without a jury; provided, always, that a reasonable time may be granted the State or defendant to procure witnesses. Trial of criminal cases. SEC. 37. Be it further enacted, That defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon 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 the right to demand an indictment by the grand jury of Wilkes county. In all cases where defendants are brought before the said court 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

Page 411

the warrant by the prosecuting officer of said court, and the judge shall thereupon bind over such defendant to appear and answer any indictment the grand jury may prefer against him on said charge, or in cases of inability of such defendants to give bond, the judge 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 trial by jury 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 may hereafter be, requisite 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 against the accused a felony, he shall thereupon suspend the trial and commit or bail over the defendant to the superior court as in cases of preliminary examinations. Accusation. Indictment. SEC. 38. Be it further enacted, That the judge of the superior court of Wilkes county shall at the close of each session thereof transmit to said city court of Washington for trial all presentments and bills of indictment found by the grand jury for offenses within the jurisdiction of said city court, which are then pending and undisposed of. The order so transmitting such cases shall be entered on the minutes of both courts. All bonds returnable to the superior court of Wilkes county shall follow the cases so transmitted to the city court of Washington, and defendants in such cases shall be bound to appear in said city court at its first monthly sitting after such cases are transmitted. Transfe from Superior Court. SEC. 39. Be it further enacted, That in misdemeanor cases transferred from the superior court of Wilkes county to the city court of Washington, the cost of the solicitor-general of the circuit shall be five dollars, to be collected and paid as other costs in said city court. Fees of solicitor-general. SEC. 40. Be it further enacted, That for all convicts from said city court taken charge of by the county authorities and by them put to work on the public works of said county, the said county authorities shall pay into the county treasury of said county such sum for hire of each of said convicts as the judge of said city court of Washington and said county authorities may agree upon, and that is reasonable and just, and upon their failure to agree, the sum fixed by said judge shall be the sum paid; provided, however,

Page 412

the county authorities may decline them at the sum so fixed by said judge, in which event, and in the event the county authorities for any other reason shall cease to work said convicts, then the judge of said city court shall dispose of them as is or may be provided by law. The treasurer of said county shall pay the hire of said convicts to the proper officers of said city court upon the order of the judge of said court. Fines and forfeitures imposed and collected by said city court shall also be paid into the treasury of Wilkes county, and shall, together with the hire of convicts as above set forth, constitute the insolvent court fund of said court, which shall by warrant of said judge be paid pro rata to the solicitor, clerk and sheriff of said court on their fees and insolvent costs bills in cases originating in said court and to the insolvent bills of said officers originating in the abolished court, the lien of which is hereby preserved and transferred and made to attach to the insolvent fund herein provided for. Such fund originating from cases transferred from the superior court to the city court shall be prorated between the above officers and the solicitor-general and clerk and sheriff of the superior court on their bills of insolvent costs in transferred cases; provided, that in all cases the magistrates binding over in any preliminary hearing shall be entitled to share as to his costs in the particular case with the other officers of said city court, upon the same terms in any fine and forfeiture, or convict hire that may arise therefrom. Should the insolvent costs and fees of the officers of said court be fully paid, then what is left of such insolvent fund shall remain in the treasury of Wilkes county as a part of the general funds thereof; provided, however, that as to cases that have been transferred from the superior court, the pro rata part of such fund as such officers may be entitled to shall not remain in the treasury, but shall be paid to such officers of the superior court. Hire of convicts. Fines and forfeitures SEC. 41. Be it further enacted, That for the term beginning September 1st, 1905, and ending December 1st, 1907, the judge and solicitor of said city court shall be appointed by the Governor of this State under the same rules as now govern the appointment of such officers. All vacancies occurring in either office before December 1st, 1907, shall be filled in like manner. The officials thus appointed shall hold till December 1st, 1907, or until their successors, to be elected as provided for in sections 2 and 11 of this Act are elected and qualified. SEC. 42. Be it further enacted, That this Act does not go into effect till September 1st, 1905.

Page 413

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 August 9, 1905. CITY COURT OF WASHINGTON, ABOLISHED. No. 64. An Act to repeal an Act entitled an Act to establish the city court of Washington, in and for said 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, together with all and any Acts amendatory 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 recited Act, and any and all amendments thereof, be, and the same are, hereby repealed, and the city court of Washington thereby established be, and the same is, hereby abolished. City Court of Washington established in 1899, abolished. SEC. 2. Be it further enacted, That all books, dockets, records, papers, processes and all cases and matters of what nature soever now on file and among the records of said court shall be turned over to the new city court of Washington established in the place and stead of the court hereby abolished to become a part of the records and papers of the same, and to be by it disposed of and preserved. SEC. 3. Be it further enacted, That this Act does not go into effect till September 1, 1905. 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 9, 1905.

Page 414

CITY COURT OF WAYCROSS, ACT CREATING AMENDED. No. 527. 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, and for other purposes, so that from and after the first day of January, 1906, to the first day of August, 1907, and until otherwise provided, the salary of the judge of said court shall be $1,000 per annum; the salary of the solicitor of said court shall be $800 per annum, and the salary of the clerk of said court shall be $500 per annum, and to provide for the payment of said salaries and of costs to the solicitor-general, and to provide for a disposition of the costs, fees, fines and forfeitures arising from cases in the said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1906, all fees, costs, fines and forfeitures arising from cases in the city court of Waycross, except the fees and costs of the sheriff of said court and 15 per cent. of the fines and forfeitures, as hereinafter provided, shall belong to the said county of Ware, and shall be collected by the clerk of said court and by him turned over to the person acting as treasurer of said county of Ware, and by the said treasurer turned into the general county fund of said county. City Court of Waycross, costs, fees, fines and forfeitures SEC. 2. Be it enacted by the authority aforesaid, That from the first day of January, 1906, until the first day of August, 1907, and until otherwise provided, the salary of the judge of the said city court of Waycross shall be $1,000 per annum, which shall be paid monthly out of the treasury of the said county and out of the general county fund. Salary of judge. SEC. 3. Be it enacted by the authority aforesaid, That from the first day of January, 1906, to the first day of August, 1907, and until otherwise provided, the salary of the solicitor of the said city court shall be $800 per annum, which shall be paid monthly out of the treasury of the said county of Ware and out of the general county fund, and the solicitor of said city court shall receive no other compensation whatever for services rendered in criminal cases in the said city court of Waycross. Salary of solicitor. SEC. 4. Be it enacted by the authority aforesaid, That from

Page 415

the first day of January, 1906, to the first day of August, 1907, and until otherwise provided, the salary of the clerk of the said city court of Waycross shall be $500 per annum, which shall be paid monthly out of the treasury of said county and out of the general county fund, and the said clerk shall receive no other compensation whatever for services rendered in said court. Clerk. SEC. 5. Be it enacted by the authority aforesaid, That from and after January 1, 1906, the solicitor-general of the Brunswick circuit shall be paid $5.50 for each case transferred from the superior court of said county to the city court of Waycross, for trial and disposition; which said costs shall be due and payable out of the general fund of said county in each case, when the same has been tried and disposed of in the said city court of Waycross, and said solicitor-general shall receive no other fees, compensation, fines or forfeitures, or any parts thereof, arising from any case in said city court of Waycross. Fees of solicitor-general. SEC. 6. Be it further enacted by the authority aforesaid, That the fees and costs for the services of the clerk of said court shall be the same as is now allowed by law for like services of the clerk of the superior court of said county; provided, that in all cases where the principal sum claimed is $100 or less, the total fees and costs of said clerk shall be $2.50, and in all criminal cases, arising by accusation in the said city court, the clerk's fee shall be $3.00 for each accusation so filed by him in said court, in all civil cases the fees and costs for services of the said clerk shall be collected in the name of the plaintiff, in the same manner as costs are now collected in the superior court of said county. Costs. SEC. 7. Be it further enacted by the authority aforesaid, That the fees of the sheriff of said court shall be the same as are now allowed by law for similar services in the superior court of said county; provided, that in all civil cases where the principal sum claimed is $100 or less, his total fees and costs shall be $2.00; and provided also, that 15 per cent. of the fines and forfeitures arising from criminal cases in said court shall be paid over to the said sheriff, to be applied by him on his insolvent orders for costs, arising from and after January 1, 1906; provided, that should the 15 per cent. thus paid be more than enough to pay the said insolvent orders, then only just so much as is necessary to pay the said insolvent orders of the sheriff shall be paid to him, and the balance of the said 15 per cent. shall belong to the said county of Ware. Fees of sheriff. SEC. 8. Be it further enacted by the authority aforesaid, That

Page 416

the clerk of the said court shall keep a book, showing in detail the exact amount collected on fees, fines, costs and forfeitures in all cases, both civil and criminal, and that on the first Monday in February and on the first Monday of each month thereafter, or as soon thereafter as is practicable, the said clerk shall give to the ordinary and county commissioners of said county an itemized statement of the cases in which collections have been made, and likewise giving them an itemized statement of each amount collected, and also the amount paid to the treasurer of said county and to the sheriff of said court, as hereinbefore provided. Clerk's account. SEC. 9. Be it further enacted by the authority aforesaid, That so much of the Act creating the city court of Waycross, approved December 11, 1897, and so much of the amendment thereof in the Act approved July 30, 1903, as is in conflict with the provisions of this Act, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. COUNTY COURT OF BERRIEN, ABOLISHED. No. 4. An Act to repeal an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Berrien, and to provide for the disposition of all business therein pending. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the above 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, as are all other Acts amendatory thereof, so far as they apply to the county of Berrien, and the county court of said county of Berrien is hereby abolished; provided, however, that this Act shall not go into effect until the bill introduced at the present session of the Legislature to establish the city court of Nashville has been passed and approved by the Governor. County Court of Berrien abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all papers, books, suits, mesne and final processes of whatsoever

Page 417

nature, and all criminal cases now pending in the county court of Berrien county be, and the same are, hereby transferred to the city court of Nashville, when said city court is established, for trial and final disposition. Records, etc. 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 31, 1905. COUNTY COURT OF DADE, ABOLISHED. No. 574. 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 thereto, so far as the same applies to the county of Dade, 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 sections 4170 to 4217, inclusive, be, and the same are, hereby repealed so far as they apply to the county of Dade, and the county court of the said county of Dade is hereby abolished. County Court of Dade, abolished. SEC. 2. Be it further enacted, That all papers, books, suits, mesne and final processes of whatsoever nature, and all criminal cases and business now pending in the county court of Dade county be, and the same are, hereby transferred to the superior court of Dade county, where said court is established, for trial and final disposition. Records, etc. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 418

COUNTY COURT OF HANCOCK, ABOLISHED. No. 42. 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 Hancock, and to provide for the disposition of all business pending in the county court of Hancock, 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 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 Hancock, and the county court of said county of Hancock is hereby abolished. County Court of Hancock abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all books, papers, suits, mesne and final process of whatever nature, and all criminal cases and business of every kind now pending in the county court of Hancock county be, and the same are, hereby transferred to the city court of Sparta for trial and final disposition; provided, that this Act shall not go into effect until the passage and approval of an Act creating the city court of Sparta, in said county of Hancock. Records, etc. 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, 1905. COUNTY COURT OF LEE, ABOLISHED. No. 559. An Act to abolish the county court of Lee county by repealing so much of the Act approved August 24, 1872, entitled an Act to establish a county court for the counties of Dougherty and Lee, as relates to Lee county, also to repeal so much of the Act, approved January 19, 1872, entitled an Act to create a

Page 419

county court in each county of the State of Georgia, except certain counties therein mentioned, and all Acts amendatory thereof, as applies to the county of Lee; to provide for the disposition of papers therein, and court papers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above-recited Acts, and all Acts amendatory of the Act approved January 19, 1872, as now embodied in the Code of Georgia of 1895, from sections 4170 to 4217, inclusive, be, and the same are, hereby repealed, so far as they relate to and apply to the county of Lee, and the county court of said Lee county is hereby abolished; provided, however, that this Act is not to go into effect until the passage of an Act creating and establishing the city court of Leesburg, in and for the county of Lee. County court of Lee, abolished. SEC. 2. Be it further enacted, That all papers, books, suits, mesne and final processes, of whatever nature, and all criminal cases and business now pending in the county court of Lee county be, and the same are, hereby transferred to the city court of Leesburg, when said court is created and established, for trial and final disposition according to law. Records etc. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 21, 1905. COUNTY COURT OF LIBERTY, JUDGE AND SOLICITOR, ELECTION OF. No. 295. An Act to make the offices of judge and solicitor of the county court of Liberty county elected by the people at the same time and in the same manner as county officers; to extend the terms of the present judge and solicitor so as to have the same conform to the terms of county officers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State

Page 420

of Georgia, and it is hereby enacted by the authority of the same, That the judge and solicitor of the county court of Liberty county shall be elected at the next general election in 1906, when the county officers are elected for said county. County Court of Liberty, election of judge and solicitor. SEC. 2. Be it further enacted, That the terms of the present judge and solicitor of the county court of Liberty county be, and the same are, hereby continued and extended until their successors are elected and qualified in conformity with this Act. Present judge and solicitor. SEC. 3. Be it further enacted, That all persons qualified to vote for said county officers shall be qualified to vote for said county judge and solicitor. Voters. SEC. 4. Be it further enacted, That the terms of said county judge and solicitor shall be two years. Terms. SEC. 5. Be it further enacted, That if a vacancy occurs in either of said offices, the ordinary shall call an election to fill said vacancy, said called election to be held not earlier than twenty nor later than thirty days from said call. Vacancies. 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 19, 1905. COUNTY COURT OF MILLER, ABOLISHED. No. 186. An Act to repeal an Act to establish a county court for the county of Calhoun, and other counties, approved March 2, 1870, and all Acts amendatory thereof so far as the same applies to the county of Miller; to provide for the disposition of matters pending therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the above recited Act, and all amendments thereof, be, and the same are, hereby repealed, so far as they apply to the county of Miller, and the county court of said county of Miller is hereby abolished. County Court of Miller, abolished. SEC. 2. Be it further enacted, That all mesne and final process from the county court of Miller county which had not been executed shall be returnable to the city court of Miller county, and all claims and illegalities and other issues arising from the execution

Page 421

of such process shall be returnable as though such process had issued from the city court of Miller county. Records, etc. SEC. 3. Be it further enacted, That all dockets, minutes, records, books and papers of the county court of Miller shall be turned over to the clerk of the city court of Miller county. 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 11, 1905. COUNTY COURT OF THOMAS, ABOLISHED. No. 600. An Act to repeal an Act entitled an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same apply to the county of Thomas. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That the Act entitled an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof as now embodied in volume 2 of 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 Thomas, and the county court of said county of Thomas is hereby abolished; provided, however, that this Act shall not go into effect until the passage of an Act to create the city court of Thomasville, in Thomas county. County Court of Thomas, 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 21, 1905.

Page 422

COUNTY COURT OF TWIGGS, ABOLISHED. No. 439. An Act to abolish the county court of Twiggs county, to dispose of the business pending therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the taking effect of this Act, as hereinafter provided, the county court of Twiggs county, in and for said county and State, be, and the same is, hereby abolished. County Court of Twiggs, abolished SEC. 2. Be it further enacted, That all business now pending in said court shall be transferred to the city court of Jeffersonville, in and for said county of Twiggs, and all books, papers, and all process of whatever kind, either civil or criminal, shall be turned over to the clerk of the said city court, to be disposed of by said city court as provided in the Act establishing the city court of Jeffersonville. Records, etc. SEC. 3. Be it further enacted, That this Act shall not take effect until the Act establishing the city court of Jeffersonville shall have become a law. 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, 1905. COUNTY COURT OF WALTON, ABOLISHED. No. 197. An Act to repeal an Act entitled an Act to create a county court for the county of Walton, approved September 19, 1881, Acts 1880-81, page 573. 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, to wit, an Act to create a county court for the county of Walton, approved September 19, 1881, Acts 1880-81, page 573, be, and the same is, hereby repealed. County Court of Walton. SEC. 2. Be it further enacted, That the civil and criminal business

Page 423

pending and undisposed of in the said county court upon the creation of a city court shall be transferred to the city court of Monroe, in which said city court such cases shall stand for trial and final disposition. Transfer of business. SEC. 3. Be it further enacted, That all fi. fas. and other final processes of said county court now unsatisfied shall be executed by the sheriff of the said city court of Monroe, or his deputy, and all issues on claims raised by reason of enforcement of said fi. fas. or other final processes shall be returned to the city court of Monroe for trial and final disposition. Processes returnable to City Court of Monroe. SEC. 4. Be it further enacted, That all books, records and papers now belonging to or appertaining to said county court shall be deposited with the clerk of the city court of Monroe, for their protection, preservation and prosecution. Records, etc. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 17, 1905.

Page 424

TITLE II. SCHOOLS. ACTS. Local tax for district schools, provision for. Arlington, public school system for. Austell, public school system for abolished. Boston, board of education for. Bradshaw school district incorporated. Buena Vista, public school system for. Camilla High School, trustees for. Centerville school district incorporated. Chickamauga school district incorporated. Collins school district incorporated. Comer, bonds for school buildings. Davisboro school district incorporated. Hampton school district incorporated. Haralson school district incorporated. Hopeful school district incorporated. Jenkinsberg public school district incorporated. Kirkwood, public school system for. Lone Oak school district incorporated. Lithonia, public school system for. Marietta, bonds for school buildings. Marietta, pro rata share of State school funds. McDonough school district, election for school tax. Menlo school district incorporated. Mitchell, public school system abolished. Pendergrass public schools incorporated. Pierce county, public school system for. Pineview school district, incorporated. Roberta, public school system abolished. Social Circle Academy incorporated. Statham, public school system for. Stone Mountain, public school system for. Swainsboro, public schools for. Union grade school district, school tax. Union school district incorporated. Waco school district incorporated. Waresboro school district, limits of. Whitesburg school district incorporated. Woodbury school district incorporated. Woodbury school district, act incorporating repealed.

Page 425

LOCAL TAX FOR DISTRICT SCHOOLS, PROVISION FOR. No. 159. An Act to provide for the creation and operation of local tax district schools, for the levying and collection of local tax by counties for educational purposes, for the laying off of counties in school districts, 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 within thirty days after the passage of this Act, or as soon thereafter as practicable, it shall be the duty of the county board of education of each county in Georgia to lay off the county into school districts, the lines of which shall be clearly and positively defined by boundaries such as creeks, public roads, land-lot lines, district lines or county lines. By concurrent consent and action boards of education of two or more adjoining counties may lay off and define school districts without regard to county lines; provided, that the ordinary of the county in which the schoolhouse is located shall order the election. The school districts thus marked out shall contain an area of not less than sixteen square miles, and, where practicable, shall be so shaped as to have the school building as near the center as possible; provided, that the board of education may have the right to establish districts with areas less than sixteen (16) square miles where there are natural causes or local conditions that make it necessary to do so. The natural causes which will permit the creation of small districts are mountains, streams over which there are no bridges, and dangerous roads. Local conditions which will permit the creation of small districts must be determined by the board of education. In counties having incorporated towns, now levying a local tax for educational purposes and operating a public school system under their town charter or special Act of the Legislature, the county board of education, with the consent of the municipal authorities, may create a school district larger than the incorporated limits of the town by adding adjacent territory not already included in the incorporated limits, and the district thus marked out shall become a school district upon vote of the people as hereinafter provided, but such school district including incorporated towns having a population of four thousand or more

Page 426

shall be and remain under the exclusive supervision and direction of the school boards of the previously chartered schools in said class of incorporated towns and not under supervision of county boards of education, and the school boards of such chartered schools in incorporated towns shall be the trustees of said school district under this Act; provided further, that if there be located in such school districts a chartered school controlled by a board of stockholders or by a board of directors elected by them, the management and control of said chartered schools shall remain in them and they shall have all the rights and privileges of this Act to collect local tax as hereinafter provided in this Act, and to receive their share of the State public school fund. A map of the county thus laid off, plainly outlining the boundaries of the school districts, with full description thereof, shall be filed with the ordinary within forty days after the passage of this Act, or as soon thereafter as practicable; and the boundaries of said school district shall not be altered any oftener than two years. The county board of education, in laying off the county, shall disregard any school districts embracing territory not included in incorporated towns heretofore created by special Act of the Legislature. School districts Municipa and chartered schools. County map. SEC. 2. Be it further enacted, That whenever the citizens of any county wish to supplement the public school fund received from the State by levying a tax upon the property of the county, it shall be the duty of the ordinary to order an election not earlier than twenty days nor later than sixty days after receiving a petition from one-fourth of the qualified voters of the county; and notice of the same shall be published in at least three weekly issues of the county newspaper in which the legal advertisements for the county are published. Said election shall be held as ordinary county elections are held. Those favoring the levying of the local tax shall vote, For local tax for public schools; those opposed shall vote, Against local tax for public schools. The returns of said election shall be made to the ordinary of the county, who shall declare the result, and two-thirds of those voting shall be necessary to carry said election for local taxation for public schools. An election for the same purpose shall not be held oftener than every twelve months. No person shall be allowed to vote in said election except those regularly qualified to vote in State or county elections. If the election is carried for local taxation the ordinary or board of county commissioners, whichever levies the county tax, shall levy a local tax as recommended by the county board of education upon all the property

Page 427

of the county, not to exceed one half of one per cent., and the same shall be collected by the county tax-collector and paid by him to the county board of education. The county tax-collector shall keep the funds thus collected separate and distinct from all county and State funds; provided, that if there be an incorporated town in a county holding an election as provided in this section, now operating a public school system, it shall not be included in the election without the consent of the municipal authorities, but if the municipal authorities should so wish, they may abolish their system by special Act of the Legislature, and avail themselves of the provisions of this bill. Local tax for public schools, county elections for. SEC. 3. Be it further enacted, That whenever the citizens of any school district, in a county not levying a local tax for educational purposes, wish to supplement the funds received from the State public school fund by levying a local tax for educational purposes, they shall present a petition from one-fourth of the qualified voters of the district to the ordinary, who shall order the election not earlier than twenty days nor later than sixty days after the petition is received; provided, that notice of the same shall be posted in at least three conspicuous places in the district, ten days prior to the election. The election shall be held at the time and place prescribed by the proper county authorities and under rules governing ordinary special elections. Those favoring local taxation for public schools shall vote: For local taxation for public schools; those opposed shall vote: Against local taxation for public schools. The returns of said election shall be made to the ordinary of the county, who shall declare the result, and two-thirds of those voting shall be necessary to carry the election for local taxation for public schools. No person shall vote in said election except regularly qualified voters residing in the district, six months prior to the election. At the same time and place, in the same election, there shall be elected a board of trustees for said district, composed of three intelligent citizens of good moral character who are known to be earnest supporters of public education, and they shall serve, one for three years, one for two years, one for one year, as the county board of education may determine. The notice of their election shall be filed by the election managers with the county school commissioner, who shall submit the same to the county board of education for their approval. After the said local board of trustees has been approved and properly commissioned by the county board of education, it shall meet immediately and organize by electing one of its number president and one secretary and treasurer. If the

Page 428

county board of education should consider any member or members thus elected unqualified for the work, they shall refuse to confirm the election of such a member or members, and require the citizens of the district at a time and place, and in a manner prescribed by the county board of education, to elect others. At the expiration of the term of office of the members thus elected, the citizens of the district shall meet at a time and place and in a manner prescribed by the county board of education, and elect their successors, who must be approved by the county board of education as hereinbefore provided, and the election shall hold for a term of three years. If any member should refuse to act or should be guilty of any conduct unbecoming the dignity of a school trustee, the county board of education shall have the right, upon a written complaint of a majority of the voters of the district, to remove said member and have his successor elected as hereinbefore provided. District elections. Trustees for district schools. SEC. 4. Be it further enacted, That said board of trustees shall make all rules and regulations to govern the schools of the district, and build, improve, equip schoolhouses under the approval of the county board of education; they shall have the right to fix the rate of tuition for non-resident pupils; they shall receive from the county board of education the share of the public school funds apportioned to the district by the county board of education. They shall determine the amount necessary to be raised by local tax on all the property of the district and shall proceed to collect it in the following manner: The secretary of the board of trustees, with the aid of the county school commissioner, shall ascertain from the tax digest of the county the tax returned on all property in said school district, and by the first day of October in each year shall levy such a rate on the property thus found that will raise the total amount to be collected; provided, that said rate shall not exceed three-quarters of one per cent. The local board of trustees shall have the right to collect the tax semi-annually or annually, as they deem best, through the secretary and treasurer of the board of trustees, who shall give bond to the trustees in an amount not less than double that to be collected by the district. If payment of the local tax on any property of the district is not paid by the twentieth day of December then the secretary and treasurer of the local board of trustees shall have the authority to issue a fi. fa. against such property and proceed to collect the same just as the county taxcollector collects delinquent State and county taxes. Board of trustees, authority of. Local tax, how colected. SEC. 5. Be it further enacted, That the board of trustees

Page 429

may have the right to pay to the secretary and treasurer a commission on the amount of local tax collected not to exceed five per cent., but there shall be no commission allowed on the amount received from the State. They shall furnish quarterly to the county board of education a statement showing all receipts, disbursements and cash on hand. They shall also furnish statement showing school population, enrollment, average attendance, course of study and any other data the county board of education may require whenever called upon to do so. Secretary and reports of Board. SEC. 6. Be it further enacted, That while it is the purpose and spirit of this Act to encourage individual action and local self-help upon the part of the school districts, it is expressly understood that the general school laws of the State as administered by the county board of education shall be observed. General school laws. SEC. 7. Be it further enacted, That all elections held under the provisions of this Act shall be governed as to registration and qualification of voters by the general law governing special elections. Elections. SEC. 8. Be it further enacted, That nothing contained in this Act shall be construed to annul or repeal any local law now of force in any city or county in this State providing for the organization and maintenance of the public schools in such city or county. Existing local laws 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 23, 1905. ARLINGTON, PUBLIC SCHOOL SYSTEM FOR. No. 558. An Act to establish and maintain a public school system in the town of Arlington, Georgia, situated in the counties of Calhoun and Early, to provide for the management and operation of said schools, to provide for the election of a board of trustees, and to provide for the levy and collection of a tax for the support of said schools, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State

Page 430

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 schools. SEC. 2. Be it further enacted, That the limits of said public schools shall be coextensive with the corporate limits of said town of Arlington and the jurisdiction of said town of Arlington shall extend over said territory fully and completely for the purposes of this Act. School limits coextensive with 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 Trustees of the Town of Arlington, composed of six 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 have power to purchase, receive and to hold to them and their successors in office for school purposes any estate, real, personal and of every kind and character. Board of trustees. SEC. 4. Be it further enacted, That any person qualified to vote for members of the General Assembly and living within the corporate limits of said town of Arlington shall be eligible to election as a member of the board of school trustees of said town. Members of Board. SEC. 5. Be it further enacted, That G. W. Harrison, Y. W. Fudge, W. H. C. Cunningham, J. S. Cowart, R. H. Bostwick and H. M. Calhoun shall be, and are, hereby constituted the board of school trustees 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 fourth Tuesday in May, 1906, 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 trustees shall be elected for two years and three 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 trustees 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. Members of Board. Elections. Vacancies. SEC. 6. Be it further enacted, That said board of school trustees

Page 431

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 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 trustees 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 trustees shall, immediately after this Act goes into operation, organize by electing a chairman, 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 trustees at the beginning of his term, and shall not thereafter be changed during said term. The secretary and treasurer shall give good and sufficient bond, to be fixed by said board of school trustees, 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 trustees. Secretary and treasurer. SEC. 8. Be it further enacted, That the county school commissioners of Calhoun and Early counties shall pay over directly to the treasurer of said board of school trustees the amount of all school funds which should be paid to the Arlington schools under the rules and regulations of the county board of education of said counties of Calhoun and Early. Pro rata share of school funds of Calhoun and Early counties. SEC. 9. Be it further enacted, That said board of school trustees shall have the power to adopt a system of public schools in said down, 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 trustees shall not have the power to purchase property or sell it without the consent of the majority of the qualified voters of said town, to be ascertained by an election to be held

Page 432

for that purpose, notice of which election shall be given by said board of trustees for twenty days prior to the holding of the same, and which election shall be held in accordance with the laws governing the elections of mayor and council of said town, and in which election the returns shall be made to the board of school trustees, who shall publish the same. Any citizen living within said town and who is qualified to vote in said election 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. Superintendent and teachers. Powers and duties of Board. 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 trustees. 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 trustees may provide for a higher curriculum on such terms as they may 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 said town, shall be admitted to the aforesaid schools, white children into the white school, and colored children into the colored school, upon the payment of such admittance fee only as the board of school trustees 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 trustees, not in conflict with the laws of this State. Scholastic yearcurriculum. Separate schools for white and colored. SEC. 11. Be it further enacted, That the board 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 an additional and separate tax to that provided in the charter of said town, and shall be returned, levied and collected as the ad valorem taxes 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

Page 433

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 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 marshals of said town, or the sheriffs of Calhoun or Early counties, are hereby authorized and empowered to levy and, by sale or otherwise, collect said taxes in the same manner as the taxes of the town of Arlington are collected. School tax SEC. 13. Be it further enacted, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters residing within said town, for which purpose the persons hereinbefore named as school trustees shall, whenever they deem it advisable, order an election, of which ten days' notice shall be given by posting in three conspicuous places in said town and an additional notice in a newspaper published in said town, 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 elections for mayor and council of the town of Arlington. The registration laws as provided for in the amendment to the charter of the town of Arlington, passed by the General Assembly at its session in the summer of 1905, shall govern all elections held under this Act. The test of qualified voters shall be determined from the registration list had for 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 voters voting in said election shall vote for public schools this Act shall become immediately operative, and said board of school trustees shall put said schools into operation as early as practicable. Should the result of the election herein provided for be against public schools, the board of school trustees of said town may order another election once every year thereafter until public schools are adopted. Election for public schools. SEC. 14. Be it further enacted, That the board of school trustees 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,

Page 434

with a full and itemized statement of all moneys received and expended by said board. Reports of trustees. 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 22, 1905. AUSTELL, PUBLIC SCHOOL SYSTEM FOR, ABOLISHED. No. 444. An Act to repeal an Act to amend an Act establishing a system of public schools in and for the town of Austell, Cobb county, Georgia, approved December 17, 1902, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and the same is hereby enacted, That from and after the passage of this Act that an Act entitled an Act to amend an Act establishing a system of public schools in and for the town of Austell, Cobb county, Georgia, approved December 17, 1902, and for other purposes, be, and the same is, hereby repealed. Austell, Act in relation to share of county fund, repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1905. BOSTON, BOARD OF EDUCATION FOR. No. 404. An Act to amend the Act entitled an Act to establish a system of public schools in the town of Boston, Thomas county, Georgia, and for other purposes, approved December 13, 1900, so as to amend section 3 of said Act, by providing that the board of education of the said town of Boston shall consist of six (6) members, and that the mayor of said town of Boston shall be ex officio a member of said board of education. SECTION 1. Be it enacted by the General Assembly of Georgia,

Page 435

and it is hereby enacted by authority of the same, That section 3 of the Act entitled an Act to establish a system of public schools in the town of Boston, Thomas county, Georgia, and for other purposes therein mentioned, approved December 13, 1900, be amended by striking therefrom in the fifth line of said section the word five (5) and by inserting in lieu thereof the word six (6), and by striking therefrom, beginning in the fifth line of said section, the following words: To be elected by the qualified voters of said town at the next election for mayor and aldermen had for said town, after the adoption of this Act. After election, and before entering upon the discharge of their duties, the five (5) members elected shall settle their terms of office by lot; two for three years, two for two years, and one for one year; and as the terms of the respective members expire as above indicated, the town of Boston and their successors in office. Said board shall manner and at the same place that the mayor and aldermen of said town of Boston are elected, whose terms shall be for three years, or until their successors are elected and qualified, and by inserting in lieu thereof the following: One of whom shall be the mayor of said town of Boston, who shall be ex officio a member of said board, and five other members to be elected at the same time and place and in the same manner that the mayor and aldermen of said town are elected by the qualified voters voting in said election. After their election and before entering upon their duties, the five (5) members elected shall settle their terms of office by lot; two for three years, two for two years, and one for one year, and as their terms expire a successor or successors shall be elected for the term of three years, or until their successors are elected and qualified; so that, when so amended, said section will read as follows, to wit: Sec. III. Be it further enacted by the authority aforesaid, That there shall be a board of education of the said town of Boston, under the corporate name of the board of education of the said town of Boston, with the right to sue and to be sued in the said corporate name; said board shall consist of six (6) members, one of whom shall be the mayor of said town of Boston, who shall be ex officio a member of said board, and five other members to be elected at the same time and place and in the same manner that the mayor and aldermen of said town are elected by the qualified voters voting in said election. After their election and before entering upon their duties, the five (5) members elected shall settle their terms of office by lot, two for three years, two for two years, and one for one year, and as their terms expire, a successor or successors

Page 436

shall be elected for the term of three years, or until their successors are elected and qualified. All vacancies on the board of education caused by death, resignation, removal from the town or otherwise, shall be filled by the mayor and aldermen of said town at their first regular meeting after vacancy occurs. No person shall be eligible for election on said board who, at the time of his election is mayor or alderman of said town. Boston, board of education for, incorporated 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 21, 1905. BRADSHAW SCHOOL DISTRICT, INCORPORATED. No. 340. An Act to incorporate the Bradshaw school district in Worth county, Georgia; 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 three 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 district hereby created by this Act, both white and colored, shall be vested in three trustees, who are hereby constituted a body corporate under the name and style of the Trustees of the Bradshaw 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 limit of said district, and shall by that name be capable of suing or being sued in any court of law or equity in said State. That they shall have power and authority to erect, repair and maintain any building or buildings in said limits that they may deem necessary for the purpose of carrying out the intention of this Act, and for this purpose shall have the right to contract and be contracted with, to buy and sell any personalty or real estate necessary for said purpose. Trustees of the Bradshaw school district, incorporated

Page 437

SEC. 2. Be it further enacted, That the corporate limits of said district shall be as follows, to wit: The original outside boundary lines containing the following lots and fractional lots all in the seventh district of Wroth county, to wit: 478, 479, 480, 481, 440, 441, 442, 443, 432, 433, 434, 435, 394, 395, 396, 397, 387, the north half of 388 and 30 acres in the northwest corner of 389, located near and around the Bradshaw schoolhouse in said county. Corporate limits. SEC. 3. Be it further enacted, That J. W. Young, M. M. Bradshaw and J. A. Odom are hereby constituted and appointed a board of trustees to carry into effect the provisions of this Act. Trustees SEC. 4. Be it further enacted, That the terms of office of said board of trustees shall be perpetual, and they shall have power to fill all vacancies on said board by appointment or otherwise, and said board may prescribe such rules for their own government as they may think proper. Said board of trustees shall take charge of all school buildings or other property within said school district, and shall be, and are, hereby entrusted with the organization of the schools to be taught therein. They shall have authority to employ teachers for said schools, fix their salaries, fix the tuition to be paid by each pupil, make rules for the government of said schools and to do and perform all other acts and things necessary or proper for the purpose of carrying out the object of this Act. Board of trustees. 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 Bradshaw school district. Vacancies. SEC. 6. Be it further enacted by the authority aforesaid, That the trustees shall, as soon as practicable, organize by electing a chairman, a 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, who need not necessarily be a member of said board, shall keep a full and complete record of all proceedings of said board, and shall receive such compensation as said board shall allow. The treasurer of said board shall receive, disburse and keep an accurate account of all funds of said system as said board may direct; shall give bond to said board in such amount as said board may require, with good security, and shall receive such compensation as said board may allow; he need not necessarily be a member of said board. No member of said board shall receive compensation

Page 438

for his services as said member. Two members shall constitute a quorum. Officers of Board. SEC. 7. Be it further enacted by the authority aforesaid, That the said board shall have power to remove at will all teachers and employees, and to remove by majority vote any member of said board of trustees who by a majority vote of said board is found guilty of malfeasance or nonfeasance. Powers of Board. 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 money or other effects except upon an order or draft by the secretary, countersigned by the chairman of said board. Books, etc. 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 Bradshaw school district for school purposes only; to defray the expenses of maintaining said schools in said district, of erecting and preserving school building 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, That after the ratification of this Act it shall be the duty of the county school commissioner of Worth county, and he is hereby required, to pay over to the treasurer of said board of education, under such rules as the said board may prescribe, not in conflict with the rules and regulations of the county board of education, the portion of public school funds of said county to which the schools established under this Act for said district may be entitled under the rules of distribution of public school fund. Distributive share of county school fund. SEC. 11. Be it further enacted, That immediately after the ratification of this Act, and by the first Wednesday in January of each succeeding year, the board of education shall determine what amount of money it shall be necessary to raise by taxation to defray the expenses of said school for each scholastic year, and said board shall, through their secretary, be required to levy and collect the same, and said secretary shall be tax-collector, and exercise all the powers as a tax-collector in the collection of said taxes. Said tax shall be collected annually, that is, by the first day of November of each year, and when collected shall be turned over to the board of education, 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, all of which shall constitute

Page 439

a school fund to be expended in defraying the expenses necessary for the maintenance of said school, and shall be paid out only on order of the board of education. School tax, how levied and collected. SEC. 12. Be it further enacted, That the board of education of Worth county shall not establish any other school or contract with any other person to teach a school of any character in said district, nor shall any of the State school funds be paid to any other school in said district than the schools herein provided for. Other schools. SEC. 13. 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 terms to be in the discretion of the board. Scholastic year. SEC. 14. Be it further enacted, That in case any school property acquired by said board of education 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. Sale of 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 hereinbefore named shall, within six months after its passage order an election, for which ten days' notice shall be given by posting in five conspicuous places in said district, in which notice the time, place and purpose of said election shall be stated, and which election shall be held under the same rules and regulations as the elections of members of the General Assembly of this State. The legally qualified voters only of said school district shall be allowed to vote in said election, and the registration list last prepared by the registrars of the county, before any such election shall constitute the highest evidence 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 public schools shall have printed or written on their ballots Against the establishment of public schools, and if two-thirds of the qualified voters in said district in said election shall vote for the establishment of public schools, this Act shall become immediately operative, and said board shall put said schools in operation, beginning with January, 1906. Should the result of the election herein provided for be against the establishment of public schools, the board of education of said district

Page 440

may order another election once every year thereafter until public schools are adopted. Election for establishment of 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 they shall accompany their reports with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports of Board. SEC. 17. Be it further enacted, That the tax shall be levied and collected on the tax returns made for State and county purposes for the year last preceding said tax levy. 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 22, 1905. BUENA VISTA, PUBLIC SCHOOL SYSTEM FOR. No. 602. An Act to amend an Act to establish a public school system in the town of Buena Vista, Georgia, to empower the mayor and city council of said town to levy and collect a tax for the support thereof, to provide for the issuance of bonds for said town for the purpose of purchasing school property, building school-houses, etc., to create a board of school commissioners for said town, to authorize the county school commissioners of said county to turn over to said school board such part of the State fund as may be the full pro rata share of said town, and for other purposes, approved September 26th, 1891, so as to limit the maximum rate of taxation as set out in section 7 of said Act to three-fourths of one per cent., and also to amend section 8 of said Act so as to make the maximum fee to be charged pupils in said school ten dollars instead of five, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing public schools for Buena Vista, approved September 26th, 1891, be, and the same is, hereby amended by striking out the words one and one-half per cent., preceding the word on, in the fourth line of the 7th section of said Act, and substitute in lieu thereof the words three-fourths

Page 441

of one per cent. So that said 7th section, when amended, shall read as follows: Sec. 7. Be it further enacted, That the mayor and council of the town of Buena Vista are hereby authorized to levy and collect annually a tax in addition to that now allowed by law not to exceed three-fourths of one per cent. on the taxable property of said town for the purpose of establishing and maintaining said school, not to exceed ten months in each year, said funds to be used only for the purpose aforesaid. Buena Vista, school tax and tuition. SEC. 2. Be it further enacted by the authority aforesaid, That section 8 of said Act be, and the same is, hereby amended by striking out the word five, between the words exceed and dollars, in the sixth line of said section, and substitute in lieu thereof the word ten, so that said section, when amended, shall read as follows: Sec. 8. Be it further enacted, That all children between the ages of six and eighteen years, whose parents, guardians, or natural protectors bona fide residing within the corporate limits of said town, shall be entitled to the benefit of said school; provided that each child, after having received the full share of the State public school fund, shall pay a fee not to exceed ten dollars for the remainder of said scholastic year, or any part thereof that said child may attend. It is provided, further, that said board of school commissioners may also admit children of like age into said school whose parents, guardians or natural protectors do not reside within the corporate limits of said town upon the payment of such tuition as they may deem reasonable and proper, and that the said board may provide for the admission of pupils of any other age in said school, whether residents of said town or not, on such terms and rules as to tuition, etc., as they may think proper and right. Funds so raised under this section shall be applied to the maintenance of said public school. School age Non-residents. 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 22, 1905.

Page 442

CAMILLA HIGH SCHOOL, TRUSTEES FOR. No. 259. An Act to amend an Act approved November 4, 1889, so as to change the manner of selecting the board of trustees for the Camilla high school and colored academy, and also to empower the mayor and council of saic city of Camilla to levy a tax for the purpose of raising a fund to make such improvements and additions to the Camilla high school building and colored academy as may be deemed necessary by said board of trustees, 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 amend an Act, approved November 4, 1889, providing for the erection of school buildings in the town of Camilla, and the selection of a board of trustees to organize and control the public schools of said town, by striking out of section 8 of said Act all between the word enacted, in the first line, and the word and, in the third line thereof, and inserting in lieu thereof the following, to wit: That there shall be elected by the qualified voters of said city, at the next regular election to be held for the mayor and council of said city, four trustees, to serve until the next succeeding election for mayor and council of said city, and three trustees to serve until the third election to be held for mayor and council of said city after the passage of this Act; and the successors in office of the trustees herein provided for shall be elected at each of the regular elections for the mayor and council occurring at the expiration of the terms of office of those first elected under this Act, which term of office is fixed at four years from the date of their election and qualification. Vacancies arising in said board of trustees for any reason other than by reason of the expiration of their terms of office, shall be filled for the unexpired term by the remaining trustees at a meeting of the board of trustees called for that purpose by the chairman of said board: provided, that the trustees provided for in this Act shall be bona fide residents of the city of Camilla, Ga. Camilla High School, election of trustees. 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 19, 1905.

Page 443

GENTERVILLE SCHOOL DISTRICT, INCORPORATED. No. 22. An Act to incorporate the Centerville school district, in Talbot 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 Centerville district be vested in seven men, who shall constitute a board of trustees of the Centerville 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 and 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. Board of trustees of the Centerville school district, incorporated. 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 Talbot within the following described limits, to wit: Beginning at the southeast corner of lot of land number 286, in the 23d land district of said Talbot county, thence running north to the northeast corner of lot No. 269, in said 23d land district, thence running south along Lazar creek to the southwest corner of lot of land No. 146 in said 23d land district, thence south to the south corner of lot of land No. 153 in said 23d land district, thence east to lot No. 286, the commencing line, embracing each and every lot of land in said district or fraction of lots. Corporate limits of district. SEC. 3. Be it further enacted by the authority aforesaid, That O. L. Stinson, J. W. Covington, P. F. Maxwell, T. P. Collier, William Cook, W. W. Childs and C. P. Greer shall be, and are, hereby constituted the board of trustees to carry into effect the provisions of the Act until the regular election of 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

Page 444

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 appointed. Terms of trustees. SEC. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall organize by electing a president, a 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 schoolhouses by rent, building, purchase or otherwise; to make and hold title to such property; to make such rules and regulations for the government of themselves and such schools as they may deem proper, which are not in conflict with the law 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 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; separate schools for white and colored. Terms of admission. 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 Talbot county, and he is hereby required, to pay over to said board of trustees, under such rules as the

Page 445

county board of education may provide, the portion of the public school fund of Talbot 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 Talbot county receives its pro rata share of the public school fund. Distributive 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 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 officers be required to levy and collect the same; provided said amount does not exceed the sum of one-fifth of one percentum of the taxable property of said district, in the same manner as other taxes are levied and collected in the town of Centerville, said county. Said taxes, 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 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 necessary expenses for carrying on said schools. School tax School fund. SEC. 9. Be it further enacted by the authority aforesaid, That after the ratification of this Act of the board of education of Talbot county shall not establish any other schools, grant license to or contract with any person to teach a school of any character in said district, nor shall any of the State school funds be paid to any other school in said district other than the schools hereinafter 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 fund derived from such sale shall be reinvested in other property to be used for school purposes. Sales of school property. SEC. 11. Be it further enacted by the authority aforesaid, That before this Act shall become operative, its adoption shall be submitted to the legally qualified voters of said district, for which 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 such ratification. At said election those favoring public schools shall have printed

Page 446

or written on their ballots: For local taxation for public schools, and those opposed to public schools shall have printed or written on their ballots: Against local taxation for public schools, and if two-thirds of the qualified voters of said district in said election be for local taxation for public schools, this Act shall become operative. Should the result of the election herein provided for be against public schools, the board of trustees for said district may order other elections once every six months thereafter until public schools are adopted. Election for local taxation for public schools. SEC. 12. Be it further enacted by authority aforesaid, That the board of trustees shall annually make a report to the public, in writing, of the condition of said school, and shall accompany their report with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports of trustees. 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 22, 1905. CHICKMAUGA SCHOOL DISTRICT, INCORPORATED. No. 69. An Act to incorporate the Chickamauga school district in Walker county, Georgia, 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 the State of Georgia, That from and after the passage of this Act, and the adoption of the same by the legal voters, the management and control of all schools in the said Chickamauga 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 Chickamauga School District, and by that name and style shall have perpetual succession, shall have a common seal and shall have power to purchase, hold, receive, possess and retain

Page 447

to them and their successors in office, for school purposes, any estate, real or personal, of whatever kind within the jurisdictional limits of said district, and shall by said name be capable of suing and being sued in any court of law or equity in this State. Trustees of the Chickamauga school district, incorporated SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall include and extend to the outward bounds of lots of land numbers 242, 243, 244, except twenty-five acres in the southeast corner of 244, belonging to the F. M. Osborn estate, 245, 246, 259, 260, 261, 262, 263, 278, 279, 280, 281, 282, 295, 296, 297, 298, 299, 314, 315, 316, 317 and 318, all in the 9th district and 4th section of Walker county, Georgia. Also about six acres of land off of lots 10 and 11, 8th district, and 4th section of Walker county, Georgia, and belonging to R. C. Stotts and better known as the Glass Mill property. Corporate limits of district. SEC. 3. Be it further enacted by the authority aforesaid, That J. J. Davis, J. R. Camp, E. C. L. Rudicil, M. C. Bond and Tom W. Lee shall be, and are, hereby constituted the board of trustees to carry into effect the provisions of this Act. Trustees named. 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 June, 1907, and until their successors are elected and installed. The first election of trustees shall be held on the first Saturday of May, 1907, and every two years thereafter, at which time five trustees shall be elected, whose term of office shall be for two years and until their successors are elected and installed. The board of trustees shall have power to fill casual vacancies which may occur from death, removal, resignation or otherwise. All persons who are and have been residents of the said Chickamauga 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 property for taxation in said school district, other than paying a poll tax. Elections 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 three freeholders of said district. But should no election be held on the day specified, or in case of a tie, then any citizens of said district may post a call in not less than three prominent places in said district for at least ten days, stating day and purpose of said called election, on which day an election may be held as herein above provided. Elections, how held.

Page 448

SEC. 6. Be it further enacted by the authority aforesaid, That the five 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 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 at once enter upon the discharge of the duties of said office. Certificates of election; 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 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 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. 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 Chickamauga school district, for school purposes, to defray the expense of the management of the schools in said district to pay all or any part of the expenses of carrying on the schools of said district, but that the rate of taxation shall never exceed one-quarter of one per cent. School tax SEC. 10. Be it further enacted by the authority aforesaid, That the trustees of said Chickamauga 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. Said board of trustees shall have the 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

Page 449

levied on the property of the delinquent taxpayer in the same manner as State and county fi. fas. Said fi. fa. shall be a superior lien on the property of the said delinquent taxpayer, except for the State and county tax. Tax fi. fas. SEC. 12. Be it further enacted by the authority aforesaid, That as soon as practicable after the adoption of the Act, and after their qualification, and annually thereafter, the said board of trustees shall order a census of school population of said district taken, and shall report the same to the county school commissioner, who shall be empowered and directed to pay to the secretary and treasurer of the Chickamauga school district from time to time the proportion of the common school fund arising from any source belonging to said Chickamauga school district, to be determined by the number of pupils in said district as compared with all the children entitled to the school fund in Walker county. Census of [Illegible Text] population SEC. 13. Be it further enacted by the authority aforesaid, That the county school commissioners of Walker county shall pay over to the secretary and treasurer of the board of trustees of Chickamauga school district the pro rata share of the school fund of Walker county for all children of or within school age who are residents of said county and not residents of said Chickamauga school district, but who are attending the schools of said district. Distributives are of county school fund. SEC. 14. Be it further enacted by the authority aforesaid, That the schools of said Chickamauga 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 commission. Trustees control. SEC. 15. Be it further enacted by the authority aforesaid, That the board of trusees of the Chickamauga school district shall have the authority to pass whatever rules and regulations they deem to best interest of said schools, to regulate the terms of tuition, except in no case shall there be tuition charged to residents of said district in the common school grades, except the said board shall have the right to charge a fee not to exceed $4 per annum for matriculation or incidental expenses, this fee to apply to all pupils in the discretion of the said board of trustees. The said trustees may be a majority vote refuse to admit any child or pupil to said schools or may expel them from same at any time if in the discretion of the 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. [Illegible Text] and [Illegible Text] [Illegible Text] fee, etc.

Page 450

SEC. 16. 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 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 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 legal taxation for public schools. SEC. 17. 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. 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 19, 1905. COLLINS SCHOOL DISTRICT, INCORPORATED. No. 199. An Act to incorporate the Collins school district, in Tattnall county, and define the boundaries of the same; to establish a board of education therein, and to confer on said board certain powers; to regulate the management and control of schools in said district, and to provide for the same, and for other proposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

Page 451

and it is hereby enacted by the authority of the same, That from and after the passage of this Act, there shall be established a corporate school district in and about the city of Collins, in the county of Tattnall, to be known as the Collins school district, and the incorporate limits of said school district shall include all the territory lying in the county of Tattnall, 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 drug store of Dr. J. J. Kennedy in the city of Collins in the 1601st district of said county. Collins school district, incorporated SEC. 2. Be it enacted by the authority aforesaid, That the management and control of all schools in said district shall be vested in a board, known as the board of education, composed of nine members, and which board, by the 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 pruchase, receive and hold, to them and their successors in office, for school purposes, any estate, real, personal, and of every kind and character. Said board of education shall be composed of the five school trustees in the city of Collins and four white citizens in said school district, but residing outside the corporate limits of the city of Collins. The said school trustees in the city of Collins and four other members of said board of educaton shall be elected by the city council of the city of Collins at its first regular meeting in each January, and they shall hold their office for a period of one year, or until their successors are elected and qualified. Board of Education given corporate powers; Trustees; election. SEC. 3. Be it enacted by the authority aforesaid, That should the said school district be ready to be taken charge of by the board of education before the regular meeting of the city council of Collins for the month of January, 1906, the said city council shall at once elect a board of education whose term of office shall expire at the regular meeting of the said city council in January, 1906; that all vacancies occurring on said board of education shall be filled by the city council of Collins. Said board of education shall take charge of all school buildings or other property within said school district, and shall be 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, if any, make the rules and regulations for the government of said schools, and to do and perform all other acts and things necessary or proper for the purpose of carrying out the objects of this Act. Powers of Board. SEC. 4. Be it enacted by the authority aforesaid, That said

Page 452

board of education shall have 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 any and all things promotive of above educational interest of said district, not in conflict with the provisions of this Act, or the laws of this State. Powers of Board. SEC. 5. Be it enacted by the authority aforesaid, That the said board of education shall, as soon as they are elected, organize by electing a president and a secretary and treasurer from their own number. The secretary and treasurer shall be the same man. He shall be put under a good and valid bond payable to the said board of education. Should any officer be unable to attend any meeting of said board, any other member of said board may perform his official duties for him during his absence. Officers of Board. SEC. 6. Be it enacted by the authority aforesaid, That there shall be established a school for nine scholastic months in each year, and said school shall begin and close at such times as the board of education may agree upon. Scholastic year. SEC. 7. Be it enacted by the authority aforesaid, That the proper proportion of the educational fund to said Collins school district, or the schools thereof, according to the general laws of the State, shall from time to time be paid over directly to said board of education by the county school commissioner, to be by said board used in maintaining said system. Distributive share of school fund. SEC. 8. Be it enacted by the authority aforesaid, That immediately after the ratification of this Act, and by the first Wednesday in September of each year, the board of education shall determine what amount of money it shall 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 taxcollector, and exercise all the powers as a tax-collector in the collection of said taxes; provided, that the said amount does not exceed one-half of one per cent. of the taxable property of said district. Said tax shall be collected annually, that is, by the first day of January of each year, after the levy is made in September, and when collected shall be turned over to the board of education, together with the amount received from the public school

Page 453

fund, the admission and tuition fees, if any, which may be collected, and any other funds that may be placed in their hands for that purpose, shall constitute a school fund to be expended in defraying the expenses necessary for the maintenance of said schools, and shall be paid out only on order of the board of education. The tax shall be levied and collected on the tax returns made for State and county purposes for the year last preceding said tax levy. School tax SEC. 9. Be it enacted by the authority aforesaid, That the board of education of Tattnall county shall not establish any other school or schools 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 other school in said district than the schools herein provided for. Other schools. SEC. 10. Be it enacted by the authority aforesaid, That in case any school property acquired by said board of education under any provision of this Act, or otherwise, be sold, the fund derived from such sale shall be reinvested in other property, to be used for school purposes. Sales of school property. SEC. 11. Be it enacted by the authority aforesaid, That there shall be established and maintained one, and only one, school for white children, and one, and only one, school for colored children within said district. No white child shall be admitted into the school established for colored children, and no colored child shall be admitted in 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, if any, only as the board of education may deem necessary. Children of non-residents and such others as may not be entitled to the benefits of these schools shall be admitted upon such terms as may be prescribed by the board of education, not in conflict with the laws of this State. Separate schools for white and colored. Non-restdents. SEC. 12. Be it enacted by the authority aforesaid, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters of said school district, for which the board of education of said school district shall, within one month after its passage, order an election for which ten days' notice shall be given by posting in five conspicuous places in said school 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 for mayor of the

Page 454

city of Collins. The legally qualified voters only of such district shall be allowed to vote in said election, and the registration lists last prepared by the registars, before any such election, shall constitute the highest evidence of who are qualified voters in said school district, and no one shall vote in said election except those who registered for the last 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 public schools shall have printed or written on their ballots Against the establishment of public schools, and if two-thirds, of the qualified voters in said school district in said election shall vote for the establishment of public schools, this Act shall become immediately operative, and said board shall put said school in operation beginning with January, 1906. Should the result of the election herein provided for be against the establishment of public schools, the board of education of said school district may order another election once every year thereafter until public schools are adopted. Election, For establishment of public schools. SEC. 13. 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 22, 1905. COMER, BONDS FOR SCHOOL BUILDINGS. No. 172. An Act to amend an Act, approved December 17, 1901, entitled an Act authorizing and empowering the town council of Comer, Georgia, to create a debt for said town by issuing bonds not to exceed four thousand ($4,000) dollars for the purpose of equipping and furnishing a suitable school building for said town of Comer, and purchase a suitable site on which to erect the same; to provide for all payments of the principal and interest when due by levying a tax therefor; to provide for the selection of trustees to take charge of the same; also to provide for an election to ratify the provisions of this Act, and for other purposes, by amending the second (2) section of same above recited Act so as to authorize said town to issue bonds for the purpose therein stated to an amount to not exceed eight thousand ($8,000.00) dollars, and to change the denominations

Page 455

and amounts of said bonds and to become due and payable one from five hundred ($500.00) to one thousand ($1,000.00) dollars, to become due and payable five (5) years from its date; one from seven hundred ($700.00) dollars to fourteen hundred ($1,400.00) dollars, to be due and payable ten (10) years from its date; one from eight hundred ($800.00) dollars to sixteen hundred ($1,600.00) dollars, to become due and payable fifteen (15) years from its date; one from one thousand ($1,000.00) dollars to two thousand ($2,000.00) dollars, to be due and payable twenty (20) years from its date; one from one thousand ($1,000.00) dollars to two thousand ($2,000.00) dollars, to be due and payable twenty-five (25) years from its date, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the second section of the above recited Act be amended as follows: By striking out the word `four' and the figure `4' in the eighth line of said section between the words `of' and `thousand,' and the `$' and `o' and inserting in lieu thereof the word `eight' and the figure `8'; also by striking out in the th line of said Act the words `five hundred' and the figure `5,' between the words `for' and the `$' mark, and between the `$' mark and `o' and inserting therein the words `one thousand,' and the figure `10'; also by striking out the word `seven' in the 12th line, between the word `for' in the 12th line and `hundred' in the 13th line, and inserting the word `fourteen' in lieu thereof, and the figure `7,' in the 13th line, between the `$' mark and `o' and inserting in lieu thereof the figure `14'; also by striking out the word `eight,' in the 14th line, between the words `for' and `hundred,' and inserting in lieu thereof the words `sixteen'; also the figure `8' between the `$' mark and `o' in said 14th line and inserting in lieu thereof the figure `16,' also by striking out the word `one' in the 15th line, between the word `for' and `thousand,' and inserting in lieu thereof the word `two,' also the figure `1' in the 16th line, between the `$' mark and `o,' and inserting in lieu thereof the figure `2,' also by striking out the word `one' in the 17th line, between the words `for' and `thousand,' and inserting in lieu thereof the word `two,' also the figure `1' in said line between the `$' mark and `o,' and inserting in lieu thereof the figure `2,' so that said section, when so amended, shall read as follows: Sec. 2. Be it further enacted, That in the event the necessary majority of votes shall be cast at said election `for issuing bonds' for the

Page 456

purpose of enabling the councilmen of said town and their successors in office to purchase a site for, erect and complete a school building, and to equip and furnish the same with suitable furniture, apparatus, etc., the councilmen of said town are authorized to issue bonds upon the conditions aforesaid, not to exceed the amount of eight thousand ($8,000.00) dollars, to run not to exceed twenty-five (25) years, bearing interest not to exceed five per cent. per annum, the interest to be paid annually; said bonds to be in denominations as follows: One for one thousand ($1,000.00) dollars, to be due and payable in five (5) years from its date; one for fourteen hundred ($1,400.00) dollars, to be due and payable ten (10) years from its date; one for sixteen hundred ($1,600.00) dollars, to be due and payable fifteen (15) years from its date; one for two thousand ($2,000.00) dollars, to be due and payable twenty (20) years from its date, and one for two thousand ($2,000.00) dollars, to be due and payable twenty-five (25) years from its date; all to have interest coupons attached, and the interest due on each bond to be due and payable annually at the rate of interest heretofore expressed. The said bonds shall be signed by the president of the councilmen of the said town of Comer and countersigned by the treasurer of said town. The coupons attached to said bonds for each installment of interest shall be signed in the same manner and by the same parties as the bonds. The principal and interest shall become payable at maturity on presentation to the treasurer of said town. Said bonds when so issued shall not be sold for less than par. Comer, bonds of, for school buildings. 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 2, 1905. DAVISBORO SCHOOL DISTRICT, INCORPORATED. No. 582. An Act to incorporate the Davisboro school district in Washington county and define the boundaries of the same; to establsh 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 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,

Page 457

That from and after the passage of this Act, there shall be established a corporate school district in and about the town of Davisboro, in the county of Washington, to be known as the Davisboro school district, which district shall extend from the center of said town, which is the point where the public road crosses the Central railroad, outwards in all directions a distance of three miles. Divisboro school district, incorporated SEC. 2. Be it further enacted, That the management and control of all schools in said district, both white and colored, shall be vested in a board to be known as the board of education, composed of seven persons, 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 the power to possess, receive, hold, and retain to them and their successors in office, for school purposes, by gift, endowment, purchase or otherwise, any estate or estates of real and personal property of whatsoever nature or description within the jurisdictional limits of said school district, and shall further have power and authority to sell, alienate and convey any school property, real or personal, whenever the school interest of said school district may, in their discretion, be advanced thereby, and to use the funds arising therefrom, by reinvesting or otherwise appropriating said funds for school purposes. Board of education. SEC. 3. Be it further enacted, That O. H. P. Beall, Jno. L. Hattaway, J. S. Gibbs, W. J. Henderson, Stanley Kittrell, T. J. Orr and W. H. Kitchens shall be, and are, hereby constituted the board of education to carry into effect the provisions of this Act, and thereafter when a vacancy shall occur, whether by death, resignation, removal from office or removal from said school district, the remaining members of said board shall fill the same from among the citizens of said school district (who alone are eligible to hold the office of member of said board of education), and the majority of the whole board shall constitute a quorum and decide all questions and elections. Members of Board named; successors, how chosen. SEC. 4. Be it further enacted, That the board of education of the Davisboro school district shall at its first meeting after the passage of this Act elect one of its members to be president of said board, who shall serve during the term for which he was chosen. They shall also elect a secretary and treasurer for such term as may be fixed by said board, but no member, other than the secretary and treasurer, shall receive any compensation as such for their services. Officers of Board. SEC. 5. Be it further enacted, That the board of education of

Page 458

said school district shall have full and complete control of the schools of said district; may in their discretion employ a superintendent of schools, teachers and other employees and fix their compensation, and they shall have full power to remove any or all employees whenever, in their discretion, they deem it to be the best interest of the school to do so. They shall also have the full power to fix the rate of tuition and regulate entrance fees and collect the same and regulate the terms of the schools. Powers of Board. SEC. 6. Be it further enacted, That said board of education shall have full power and authority to make by-laws for the government of their own body and rules and regulations for the government of the schools. They shall also have power and authority to enforce the same. By-laws, rules and regulations. SEC. 7. Be it further enacted, That the county school commissioner of Washington county shall from time to time pay over to the secretary and treasurer of the board of education for the, Davisboro school district such amounts as may be appropriated to the schools of said Davisboro school district out of the public fund by the board of education of Washington county; also the pro rata share of the school fund of Washington county for all children of, or within, school age, who are residents of said county and not residents of said school district, but who attend the schools of said school district. Distributive share of county school fund. SEC. 8. Be it further enacted, That the schools of said school district shall be controlled by the board of education of Davisboro school district, and not by the county board, except in so far as to report to said county board of Washington county the average attendance of pupils in said schools. Control of schools. SEC. 9. Be it further enacted, That any member of said board of education shall for malfeasance be removed from office by vote of two-thirds of said board of education voting in the affirmative. Malfeasance of members. SEC. 10. Be it further enacted, That said board of education shall have full power and authority to levy and collect a tax on all real and personal property within the limits of said Davisboro school district for school purposes, to defray the expenses of the management of schools in said school district, to pay all or any part of the expense of carrying on schools, caring for and preserving school property and incidental expenses, but the rate of taxation shall never exceed one-half of one per centum. School tax SEC. 11. Be it further enacted, That said board of education shall be empowered and directed to appoint three discreet citizens of said school district as tax-assessors, who shall assess the valuation of all property in said district for taxation; that said assessors

Page 459

shall have free access to the State, county and municipal tax books and returns of any part thereof that they may deem best in making the assessments for said district, and said assessors shall also have full power and authority to compel any citizen of this State to testify under oath as to any property in said district, whether it be his or her property or that of another, and should any party refuse to testify the said party shall be punished as provided for similar cases before justices of the peace; said board of education shall have full power and authority to fix the time and manner of the payment of said taxes. Tax-assessors. SEC. 12. Be it further enacted, That should any person or persons fail to pay said taxes at the required time, then the secretary and treasurer, at the discretion of the board, shall issue a tax fi. fa. against such delinquent taxpayer or taxpayers, and the same may be levied by any officer authorized to levy and collect State and county tax fi. fas. and proceed in the same manner to sell and collect the same. Said tax fi. fas. shall be a superior lien on all the property of the delinquent taxpayer, except for State and county taxes. Tax fi. fas. SEC. 13. Be it further enacted, That section ten, eleven and twelve of this Act shall not become operative until ratified by a majority of the votes cast at any election to be held in said school district under and by virtue of this Act. Ratification of this Act. SEC. 14. Be it further enacted, The board of education of Davisboro school district is hereby empowered from time to time, in their discretion, to order an election to be held for the purpose of submitting the ratification or rejection of sections ten, eleven and twelve of this Act to the qualified voters of said school district, until the same shall have been ratified; provided, however, no subsequent election shall be held within less than six months of a previous election held for this purpose. Said election shall be held at the usual voting precinct in the ninety-fourth district, G. M., and according to the requirements of the laws of this State for members of the General Assembly. Elections for ratification or rejection. SEC. 15. Be it further enacted, That the questions submitted at said elections shall be for taxation or against taxation. The result of said election shall be declared by certificate of the managers of said election. If a majority shall vote for taxation, the foregoing sections shall be declared ratified and of force; otherwise if a majority shall vote against taxation. Twenty days' notice of the calling of such election shall be given by publication in some public gazette in the county of Washington. Elections for taxation.

Page 460

SEC. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed in so far as they may conflict. Repealing clause. Approved August 22, 1905. HAMPTON SCHOOL DISTRICT, INCORPORATED. No. 568. An Act to incorporate the Hampton school district, in Henry county; to define the bounds of the same; to provide for an election for local taxation for public 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, provided the election for levying a local tax for public schools, as herein provided, carries, the management and control of all the schools in the Hampton school district shall be vested in five trustees, who are hereby constituted a body corporate, under the name and style of the Trustees of Hampton School District, and by that name and style shall have perpetual succession, 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 estates, real or personal, of whatever kind or name, within the limits of said district, and shall by said name be capable of suing and being sued in any court of law or equity in this State. Trustees of [Illegible Text] school district, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the said district shall be composed of the following land lots, in the sixth district of Henry county, beginning about the center of the town of Hampton, running north and extending east and west about two and one half miles from Hampton, and containing lots Nos. 249, 248, 247, 246, 245, 250, 251, 252, 253, 254, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 214, 215, 216, 217, 218, 219, 220, and the south half of the following lots: 197, 198, 199, 200. Then beginning about the center of the town of Hampton, in the third district of Henry county, running south and extending east and west, lots Nos. 113, 144, 145, 176, 177,

Page 461

178, 175, 146, 114, 111, 112, 81, 80, 48, 47, 50, 79, 82, 51, 78, 83, 110, 115, 142, 147, 174, 116, 109, 84 and 77. Corporate limits of district. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held within twenty days after the passage of this Act for the purpose of determining whether the funds received from the State public-school fund, shall be supplemented by levying a local tax for educational purposes; provided that notice of the same shall be posted in at least three conspicuous places in said district ten days prior to the election. In said election those favoring a local tax for public schools shall vote: For local taxation for public schools, and those opposed shall vote: Against local taxation for public schools, and two-thirds of those voting shall be necessary to carry the election for local taxation for public schools. No person shall vote in said election except regularly qualified voters residing in the district, six months prior to the election. At the same time and place, in the same election, there shall be elected a board of trustees for said district, composed of five intelligent citizens of good moral character, who are known to be earnest supporters of public education, and they shall serve until their successors are elected and qualified. Said election for their successors shall be held on Saturday before the first Monday in May, 1906, and one shall serve for three years, two for two years, and two for one year, and thereafter each year on Saturday before the first Monday in May there shall be held an election for a trustee or trustees whose term of office shall continue for a term of three years. In case of a vacancy by death or resignation the remaining members of the board of trustees shall call an election to be held within ten days for electing a trustee to fill the unexpired term. Election for local taxation for public schools. Elections for trusees. Sec. 4. Be it further enacted by the authority aforesaid, That said election for local taxation for public schools, and for trustees as hereinbefore provided, 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 Hampton School District is situated, together with any two freeholders within the limits of said district, and if no justice of the peace or notary public ex officio justice of the peace, then any three freeholders in said district. Said election supervisors shall declare the result, and shall give a certificate when required. Elections, how held. Sec. 5. Be it further enacted by the authority aforesaid, That after the said board of trustees have been declared elected by said supervisors, it shall immediately meet and organize by electing one of its members president and one secretary and treasurer.

Page 462

Said board of trustees shall make all rules and regulations to govern the schools of the district, and build, improve and equip schoolhouses under the approval of the county board of education. They shall establish separate schools for white and colored. They shall have the right to fix incidental fees for contingent expenses and to fix the rates of tuition for non-resident pupils. They shall receive from the county board of education the share of the public-school funds apportioned to the district by the county board of education. They shall determine the amount necessary to be raised by local tax on all the property of the district and shall proceed to collect it in the following manner: The secretary and treasurer of the board of trustees, with the aid of the county school commissioner, shall ascertain from the tax digest of the county the tax returned on all the property in said district, and by the first of October, 1905, and thereafter each year by the tenth day of September, shall levy such a rate on the property thus found that will raise the total amount to be collected; provided, that said rate shall not exceed one half of one per cent. The board of trustees shall have the right to collect the tax annually, through the secretary and treasurer of the board of trustees, who shall give bond to the trustees for an amount not less than double that to be collected by the district. If payment of the local tax on any property of the district is not paid by the twentieth day of December, then the secretary and treasurer of the board of trustees shall have the authority to issue a fi. fa. against any such property and proceed to collect the same just as the county tax-collector collects delinquent State and county taxes. Board of trustees, organizition and powers; school tax. SEC. 6. Be it further enacted by the authority aforesaid, That the board of trustees shall have the right to pay the secretary and treasurer a salary not to exceed one hundred dollars per annum, but that no other officer or trustee shall receive compensation. Salary of secretary and treasurer. SEC. 7. Be it further enacted by the authority aforesaid, That said board of trustees shall keep accurate accounts of all moneys or property received by them fo the use of the schools of said district and all expenditures made by them; these accounts shall be at all times open to the inspection of the county board of education, and said board of trustees shall make such reports, and give such data and information to the county board of education as its rules and regulations may require. Books of account and reports of trustees. SEC. 8. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this Act shall be governed as to registration and qualification of voters by the general law governing special elections. Elections.

Page 463

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 22, 1905. HARALSON SCHOOL DISTRICT, INCORPORATED. No. 454. An Act to create and incorporate the Haralson school district, under the law authorizing same, said district to include parts of Coweta and Meriwether counties, Georgia; to define the boundaries of same; to provide for the election of a board of trustees, and to confer on them certain powers; to regulate the management of schools in said district; to provide revenue for said schools, and the erection of suitable school 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 the authority of same, That from and after the passage of this Act, the Haralson school district is hereby made a body corporate, to be managed and controlled by 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 Haralson 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 and 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. Said trustees shall have the power to establish, conduct, maintain, support and provide for by local taxation and otherwise, in the manner hereinafter provided in this Act, a system of public schools in and for the Haralson school district, said district to include those parts of Coweta and Meriwether counties, Georgia, contiguous to the town of Haralson, hereinafter bounded in this Act. Haralson school district, incorporated; trustees, powers of SEC. 2. Be it further enacted by the authority aforesaid, That

Page 464

the corporate limits of said Haralson school district shall be as follows: Beginning in the upper ninth district of Meriwether county, Georgia, at bridge on Big White Oak creek, known as McCrary bridge, running in a southeastern direction, with the bed of said Big White Oak creek, to the point where same intersects with the lines separating the lands of John McCrary and Lee Strickland (southeast corner of lot No. 91); thence due north to the southwest corner of lot No. 100; thence due east to the southwest corner of lot 164; thence due north to the northwest corner of lot No. 164; thence due east to the southwest corner of lot No. 222; thence due north on original land line to the county line separating Meriwether and Coweta counties; thence due east on said county line to southeast corner of lot No. 299; thence in Coweta county due north on original land line to the southwest corner of lot No. 303; thence due east to the center of south line of said lot No. 303; thence due north to the Haralson district line; thence due west to the northwest corner of lot No. 296; thence due south to the southwest corner of said lot No. 296; thence due west to northwest corner of lot No. 202; thence due south to the county line separating Meriwether and Coweta counties at southwest corner of lot No. 204; thence due west on said county line to the northwest corner of land known as J. K. Strickland's estate; thence due south to Big White Oak creek; thence east running with meanderings of said creek to McCrary's bridge, the starting point. Corporate limits of district. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the ratification of this Act by the voters of said Haralson school district, the management and control of all schools in said district shall be vested in the five trustees aforesaid, who are by this Act constituted as a body corporate. Control of schools. SEC. 4. Be it further enacted by the authority aforesaid, That before this Act shall become operative, its adoption shall be submitted to the qualified voters of said Haralson school district, for which purpose, immediately after its passage by the General Assembly, there shall be posted in the town of Haralson and at the court-ground of the upper ninth district of said Meriwether county, by three citizens of said school district, a notice for an election in and for said school district, of which thirty days' notice shall be given prior to the day of holding said election, which election shall be held under the same laws and regulations governing the election of State and county officers. No person shall be allowed to vote in said election who does not reside within the corporate limits of said school district. At said election, those in

Page 465

favor of said school district shall have printed or written on their ballots the words, For school district, and those opposed to said school district shall have printed or written on their ballots the words, Against school district, and if two-thirds of the ballots cast in said election be For school district, then this Act shall become operative. Should the result of the election herein provided for be Against school district, then other elections may be ordered as hereinbefore provided for not oftener than once every six months, until said school district shall have been adopted. Election, for school law. SEC. 5. Be it further enacted by authority aforesaid, That under this Act only those persons shall be entitled to vote in any election herein provided for who are qualified voters in State and county elections, to be determined by the last registration list next preceding said election and who live within the corporate limits of said Haralson school district. Voters. SEC. 6. Be it further enacted by the authority aforesaid, That within ten days after the ratification of this Act by the voters of said Haralson school district, or as soon thereafter as practicable, there shall be held an election at Haralson for five trustees, into whose care the management of all the schools of said district shall be entrusted, and all citizens who are qualified to vote as hereinbefore provided, and who have paid all taxes due said Haralson school district, and are bona fide residents of said district, shall be entitled to vote in said election for trustees. At the first election three members shall be elected for one year, and two members for two years, and thereafter election for trustees shall be held annually on the first Saturday in December of each year, and the terms of the trustees elected after first election shall be for two years. Whenever vacancies occur in said board of trustees, either by death, resignation or removal from office, such vacancies shall be filled by the trustees themselves for the unexpired terms only. The members of said board of trustees may hold their offices until their successors are elected and qualified. Election of trustees Vacancies. SEC. 7. Be it further enacted by authority aforesaid, That only those citizens of Haralson school district shall be eligible to election to the office of trustees who are entitled to vote in said district, and who are property holders, and bona fide residents of said district, and who have resided in same at least twelve months next preceding said election. Eligibility of trustees SEC. 8. Be it further enacted by authority aforesaid, That the said election for trustees shall be held under the supervision of any justice of the peace or notary public and ex officio justice

Page 466

of the peace, in the militia districts where said Haralson school district is situated, together with any two freeholders within said corporate limits, or by any three freeholders within said school district. And the several citizens who are eligible for election to the office of trustees, who shall receive respectively the highest number of votes, shall be declared elected, and the manager shall issue a cerificate thereof, and the persons so elected shall attend the usual place for holding trustees' meetings, within five days after said election and qualify by taking an oath well and truly to perform the duties of said office, and shall forthwith enter upon the discharge of same. But should no election be held on the day specified, then any three citizens of said school district may post in three conspicuous places in the town of Haralson and at the court-ground of the upper ninth district of Meriwether county, Georgia, a call for an election, stating the day of said called election, on which day an election shall be held as above provided, at least thirty days' notice being given of said election. Elections, how held. SEC. 9. Be it further enacted by authority aforesaid, That the officers of said board of trustees shall be a president, vice-president and a secretary and treasurer, and no Act shall be legal unless passed upon by the board of trustees in regular session, presided over by the proper officer. The secretary and treasurer shall, before entering the discharge of his duties, be required to give bond in such sum as may be fixed by the trustees, to faithfully account for all moneys coming into his hands as such officer, which said bond shall be made payable to said trustees, who are hereby empowered to bring suit and maintain the same upon said bond, in a court of competent jurisdiction, for every breach of said bond by said officer, and the proceeds of said suit shall be applied to the schools of said school district. Said secretary and treasurer shall pay out no moneys except by order of the board of trustees, and shall receive such compensation for his services as the said trustees may fix; provided that no other officer shall receive any compensation whatever for his services. Officers of Board of trustees. SEC. 10. Be it further enacted by the authority aforesaid, That the said trustees of said Haralson school district shall keep a record of all the proceedings of said board, which shall at all times be open to the inspection of the public. Said board of trustees shall have power to make all by-laws for the government of themselves, the teachers and pupils of the schools of said district, to establish grades in said schools and prescribe the studies thereof, to employ the teachers thereof and other employees,

Page 467

to fix the salaries and pay the same, and to provide for the convenience and the necessary appliances and buildings of said school. Shall have full power and authority to remove any and all teachers or employees whenever, in the opinion of said board of trustees, it is in the best interests of the school to do. They shall fix the school term and the time of beginning and closing said schools. They shall have the right to administer oaths and require testimony, under oath, in matters pertaining to the duties of their office, and in all such matters the decision of said board of trustees shall be final. They shall provide and maintain separate schools in said district for the whites and blacks. They shall have power to fix the rate of tuition of non-resident pupils and to do all lawful acts necessary to the operation of said schools, and to name what number of said trustees as shall constitute a quorum for the transaction of business. Powers of Board. SEC. 11. Be it further enacted by the authority aforesaid, That all children between the ages of six and eighteen years, who actually reside in said school district, or whose parents and guardians reside in said school district, shall be entitled to the benefits of said schools, and no such child or children shall be required or compelled to pay any tuition, except incidental or matriculation fee. Said board of trustees may admit non-resident children of like age in the said schools upon the payment of such tuition or other fees as may be deemed by said board reasonable and just, and may also provide for the admission of pupils over age to said schools under like condition; and also may provide for those pupils pursuing studies other than those prescribed by State laws for the common schools; provided, however, that all funds arising hereunder shall be applied wholly to the purposes of said school. There shall be in said district but one school for whites and one for colored pupils. School age; non-resident pupils. SEC. 12. Be it further enacted by the authority aforesaid, That the public schools herein provided for shall run for a period of not less than five nor more than nine scholastic months in each year, to be determined by said board of trustees. Scholastic year. SEC. 13. Be it further enacted by authority aforesaid, That said board of trustees shall have full power and authority to levy and collect a tax, to supplement the State school fund, on all real and personal property within the corporate limits of said Haralson school district, for school purposes, to defray the expenses of management of the schools in said district, as said board of trustees shall deem to be to the best interests of said schools; said

Page 468

tax to be collectable by any person designated by said board of trustees, and said board of trustees shall, during the spring of each year, assess the value of all property, real and personal, within the limits of said district for taxation for school purposes only; said board of trustees to have free access to the State and county returns, and shall, at their discretion, use such returns in making the assessment for said school district; provided that the rate of taxation shall never exceed one-half of one per cent. In the event that any person should be dissatisfied at the value placed upon his property, he may select a disinterested person to act as his representative, the secretary and treasurer shall select a like person to represent the board of trustees, and these two, so selected, shall select a third arbitrator. The three persons so selected shall, after giving five days' notice of the time and place of meeting to the parties at interest, proceed to assess the property in question, and the assessment of said three persons shall be final. Said board of trustees shall have power and authority to fix the time and manner of payment of said taxes, said taxes being collectable at the direction of said board of trustees by the State and county officers, whose duty it is to make levies, in which event the taxes so collected shall be turned over by the officer or officers to said secretary and treasurer. That said board of trustees shall have power and authority to compel any citizen of the State to testify under oath as to any property in said school district subject to taxation, whether said property be held by said citizen in his own right or in the right of another, and should any party refuse to testify, then said party shall be punished as for contempt, in a sum not exceeding fifty dollars. School tax SEC. 14. Be it further enacted by the authority aforesaid, That the amounts named by said board of trustees for incidental or matriculation fees shall not exceed the sum of five dollars ($5.00) per annum. Matriculation fee. SEC. 15. Be it further enacted by the authority aforesaid, That should any person or persons fail or refuse to pay said tax at the time required by said board of trustees, then the secretary and treasurer 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. Said tax fi. fas. shall be superior liens on the property of said delinquent taxpayer, except for State and county taxes. Tax fi. fas. SEC. 16. Be it further enacted by authority aforesaid, That

Page 469

within thirty (30) days after this Act becomes operative, the board of trustees of said school district shall have a school census for said school district taken, and annually thereafter, and shall report the same to the State school commissioner, who shall be empowered to authorize to pay direct to the said secretary and treasurer of said Haralson school district, from time to time, as same may be paid, the pro rata part of the public school fund of this State, according to said school population, in the same manner as the county school commissioners of the several counties of the State are paid the pro rata part of said fund due each county respectively. School census: distributive share of State school fund. SEC. 17. Be it further enacted by the authority aforesaid, That the schools in said Haralson school district shall not be under the control of any county school commissioners or county school board, but shall be controlled by the trustees of said school district, who shall report direct to the State school commissioner. Control of schools. 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 22, 1905. HOPEFUL SCHOOL DISTRICT, INCORPORATED. No. 231. An Act to incorporate the Hopeful school district, in Mitchell county; to define the boundaries of the same; to regulate the management of the school in said district; to provide revenue for said schools; to provide for the election of seven trustees, and to confer on them powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the management and control of all schools in said district, both white and colored, shall be vested in seven trustees who are hereby constituted a body corporate under the name and style Trustees of the Hopeful 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 and enjoy, possess and retain, to them and their successors in office for school purposes any estate or estates, real or personal, of whatever kind

Page 470

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. Trustees of the Hopeful school district, incorporated SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall be as follows: Beginning at the river and running along the north line of lot of land number three hundred and fifty-four (354) and three hundred and fifty-two (352) to the northeast corner of lot of land number three hundred and fifty-two (352); thence southward along land line between three hundred and fifty-two (352) and three hundred and twenty-one (321) to the northeast corner of lot number three hundred and fifty-one (351); thence eastward along the northern line of lot number three hundred and twenty-two (322) and three hundred and fifteen (315) to the southwest corner of lot number two hundred and eighty-five (285); thence diagnoally across lot number two hundred and eighty-five (285) to the southwest corner of lot number two hundred and seventy-seven; thence eastward along the northern line of lot number two hundred and seventy-six (276) to the southwest corner of lot number two hundred and forty-four (244); thence southward along the eastern boundary of lot number two hundred and seventy-six (276) and two hundred and seventy-five (275) to the southwest corner of lot number two hundred and forty-six (246); thence eastward along the northern boundary of lot number two hundred and forty-seven (247) and two hundred and thirty-four (234) to the southwest corner of lot number two hundred and six (206); thence southward along the western boundary of lots number two hundred and thirty-four (234) and two hundred and thirty-three (233) and two hundred and thirty-two (232) to the southwest corner of lot number two hundred and nine (209); thence westward along the southern line of lot number two hundred and thirty-two (232) to the southeast corner of lot number two hundred and forty-nine (249); thence southward along the western boundary of lots numbers two hundred and fifty (250) and two hundred and fifty-one (251) and two hundred and fifty-two (252) to the northwest corner of lot number two hundred and twenty-eight (228); thence westward along the southern boundary of lots number two hundred and fifty-two (252), two

Page 471

hundred and sixty-nine (269); thence along the southern line of two hundred and ninety-two (292), twenty-four chains; thence south twenty-six chains; thence west again twenty-six chains to the line dividing three hundred and eight (308) and two hundred and ninety-three (293); thence south on the said line dividing lots numbers three hundred and eight and two hundred and ninety-three to the southwest corner of lot number two hundred and ninety-three (293); thence west along the south line of number three hundred and eight (308) and three hundred and twenty-nine (329) to the northeast corner of lot number three hundred and forty-three (343); thence northward along land line between lots number three hundred and forty-four (344) and three hundred and twenty-nine (329), until it reaches the line dividing J. J. Martin's land from J. W. Davis's land; thence westward along said line across lot number three hundred and forty-four (344) to the land line dividing lots number three hundred and sixty-two (362) and three hundred and forty-four (344); thence southward along said line to the southeast corner of lot number three hundred and sixty-two (362); thence westward along the southern line of lot number three hundred and sixty-two (362) to the northeast corner of lot number three hundred and seventy-six (376); thence northward along the western boundary of lot number three hundred and sixty-two (362) to the northeast corner of lot number three hundred and seventy-seven (377); thence westward along the southern land line of lot number three hundred and seventy-eight (378) and 9 to the northeast corner of lot number thirty-five; thence northward along land line-between lots numbers thirty-four (34) and nine (9) to the northeast corner of lot number thirty-four (34); thence westward along the southern line of lots number thirty-three (33) and fifty-two (52) to the northwest corner of lot number fifty-one (51); thence southward along land line between lot number seventy-seven (77) and fifty-one (51) to the northeast corner of lot number seventy-eight (78); thence westward along the southern line of lots number seventy-seven (77), ninety-four (94) and one hundred and twenty (120) to Flint river; thence up said river to starting point. Corporate limits of district. SEC. 3. Be it further enacted by the authority aforesaid, That J. M. Cox, Clayrendon Davis, G. W. Bags, R. B. Wingate, J. J. Martin, T. J. Sellars and W. M. Faircloth shall be, and are, hereby constituted the board of trustees to carry into effect the provisions of this Act until the regular election of the members of said board, which election shall take place on the first Tuesday

Page 472

in June, 1906, and thereafter on the first Tuesday in June at intervals of two years. That the terms of office shall be three for four years and four for two years. Their succesors in office shall serve for a term of four years each from the time of their election. Members of Board named. 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 of trustees. 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 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 from and after the passage of this Act by the Legislature and approval by the people of said district in an election as hereinafter provided, the board of education of Mitchell county shall pay to the treasurer of the trustees of the Hopeful school district their share of the State school fund as apportioned under the general school law. Also the board of Mitchell county shall pay to the treasurer of the trustees a pro rata share of the county school funds for pupils who are bona fide residents of Mitchell county and not bona fide residents of the Hopeful school district, but who attend school in said district; provided such attendance is approved and permitted by the county board of education. Distributive share of State and county school fund. SEC. 7. Be it enacted by the authority aforesaid, That said trustees shall have power and authority to fix and collect an advalorem tax on all the property within the limits of said district; also to fix the time and manner of the assessing and collecting of said tax; said tax to be used only for the promotion of the school interests of said district. The rate of taxation shall not exceed one-half of one per cent. That said trustees shall have power and

Page 473

authority to fix and collect a matriculation fee. Said trustees shall have access to the county tax books. School tax SEC. 8. Be it further enacted by the authority aforesaid, That should any person or persons fail to pay said tax at the 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 on the property of the delinquent taxpayer in the same manner as State and county fi. fas. are levied. Said tax fi. fa. shall be a superior lien on the property of said delinquent taxpayer, except for State and county taxes. Tax fi. fas. SEC. 9. 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 the State elections and who has paid all taxes and tuitions due said Hopeful school district. Eligibility to membership of Board. SEC. 10. Be it further enacted by the authority aforesaid, That said board of trustees shall exercise full control of all the schools in said district; shall fix such rules and regulations as are necessary to carry out the provisions of this Act. And that they shall report to the county board of education of Mitchell county as said board of education may require. Control of school. SEC. 11. Be it further enacted by the authority aforesaid, That the provisions of this Act shall be submitted to the legal qualified voters of said district for approval; that said trustees shall fix the time, place and manner of said election. Election to approve this Act. 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 22, 1905. JENKINSBURG PUBLIC SCHOOL DISTRICT, INCORPORATED. No. 191. An Act to incorporate the Jenkinsburg public school district in Butts and Henry counties; to define the boundaries of the same; to elect a board of trustees; to empower said board of trustees to levy and collect a local tax to supplement the public school fund so as to maintain and support the public schools in said district for a term of nine months, and to erect, repair

Page 474

and maintain school buildings; to provide for the ratification of this Act by the qualified voters of said district by an election, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Jenkinsburg public school district in the counties of Butts and Henry be, and the same is, hereby incorporated as the Jenkinsburg public school district. Jenkinsburg school district, incorporated SEC. 2. Be it further enacted, That the boundary limits of said public school district shall be as follows: Commencing at the forks of the road just south of the old Robt. J. Woodward home place, following said road to the southeast corner of the lot of land on which the said Robt. J. Woodward formerly lived; thence due east along the original land line to the southwest corner of the Compton place; thence northeast to the northeast corner of the old Compton place; thence due east along the land line to the southeast corner of C. E. Moore's land; thence due north along the land lines to the northwest corner of the land of Mrs. Emma Mallet; thence due east to northeast corner of the land of Mrs. Emma Mallet; thence due north across five lots of land to the northeast corner of Henry Burford's land; thence due west along the land line to Wolf creek; thence up Wolf creek to a point where said creek crosses the Tusshaw and Locust Grove militia district line in Henry county; thence due west to the northeast corner of Arch Tingle's land in Henry county; thence due south along the original land lines to the commencing point. Corporate limits of district. SEC. 3. Be it further enacted, That immediately after the approval of this Act by the Governor, the ordinary of Butts county shall order an election to be held for the ratification or rejection of this Act, and for a board of five trustees in said school district, to be held at the place of holding the justice court in the 615th district G. M. of Butts county, the same to be advertised at three or more of the most public places in said school district, not less than twenty days prior to said election; said election to be managed by three freeholders of said school district, under the same rules and regulations of elections held for State and county officers. Election to ratify this Act and for trustees. SEC. 4. Be it further enacted, That the managers of said election shall, on the day following said election, make return thereof to the ordinary of Butts county, who shall open said return and declare the result, and enter the same of record on his minutes. Election returns. SEC. 5. Be it further enacted, That said board of trustees

Page 475

shall be elected, one for a term of one year from the time of election one for two years, one for three years, one for four years, and one for five years; the terms of their successors in office shall be for a term of five years, and that said board of trustees shall fill all vacancies occurring in said board before the time fixed for holding an election for a trustee in each year. Terms of trustees. SEC. 6. Be it further enacted, That an election shall be held in said school district on the third Monday in August in each year for the purpose of electing a trustee to succeed the one whose term will expire, which election shall be managed by three freeholders of said school district, who shall make their return to the qualified members of said board of trustees on the following day, who shall declare the result and have the same entered on their minutes. Annual election of trustees. SEC. 7. Be it further enacted by authority aforesaid, That the said board of trustees shall organize annually by electing a president and a secretary and treasurer from their own number; no member shall receive any compensation for his services except the secretary and treasurer, whose compensation shall be fixed by the said board of trustees; the secretary and treasurer shall give good and sufficient bond for the faithful performance of duty, and to account for all moneys coming into his hands, payable to said board of trustees and approved by them. Officers of Board of trustees. SEC. 8. Be it further enacted by authority aforesaid, That the board of trustees of said school district shall elect annually a competent and qualified person from said school district to be known as tax-receiver and collector for said school district whose compensation shall be fixed by said board of trustees. The tax-receiver and collector shall give good and sufficient bond for the faithful performance of his duty and account for all money coming into his hands, to be made payable to and approved by board of trustees. Tax receiver and collector. SEC. 9. Be it further enacted by authority aforesaid, That the said board of trustees shall provide a suitable digest for said tax-receiver and collector, on which shall be entered all property subject to taxation, both real and personal, in said school district, and to fix a time annually when the taxpayers of said school district shall make their returns to the tax-receiver and collector of said district, and for the payment of the tax thereof, and to prescribe the oath to be subscribed to by the taxpayers of said school district at the time of making their returns; and a proper oath to be subscribed to by the tax-receiver and collector before entering the discharge of his duty. Tax returns, etc.

Page 476

SEC. 10. Be it further enacted by authority aforesaid, That the said board of trustees shall have power and authority to levy and collect a tax on the property entered on said digest not excluding one-half of one per cent. in each year, for the purpose of supplementing the public school fund paid the teachers in the public schools of said school district by the county school commissioners of Butts and Henry counties, so as to continue the public schools in said school district for a term of nine scholastic months; and for the purpose of erecting, repairing and equipping school buildings in said school district. Said board of trustees shall make a supplemental contract with the teachers in the public schools of said school district to continue the public school in said school district for nine scholastic months. School tax SEC. 11. Be it further enacted by the authority aforesaid, That the property-owners of said school district who shall fail to make a proper return of his or her property to the tax-receiver and collector of said school district within the time fixed by said board of trustees for making their tax returns, shall be liable to a double tax, and shall be the duty of the tax-receiver and collector of said school district when making up his digest, after the time fixed for making tax returns for said school district, to enter upon his digest the names of all property-owners in said school district who have failed or refused to make return of their property, either real or personal, to assess the same from the best information obtainable and to enter the same on his digest as defaulters. Defaults. SEC. 12. Be it further enacted by authority aforesaid, That the tax-receiver and collector in said school district shall have power and authority to issue executions against all defaulting taxpayers in said school district, who fail or refuse to pay their taxes within the time fixed by the said board of trustees for the payment of taxes in said school district, and to place the same in the hands of a lawful constable or constables in said school district for collection by levy and sale as in other cases, who shall collect the same fees as are now allowed by law to constables for collecting State and county executions. The tax-receiver and collector shall be entitled to the same fees for issuing tax executions as are now allowed by law to State and county tax-collectors for issuing tax executions, which when collected shall be by him paid over to the treasurer of said board of trustees with the taxes collected. Tax fl. fas. SEC. 13. Be it further enacted by authority aforesaid, That at the election for the ratification of this Act, and for all future

Page 477

elections to be held in said school district, all male persons in said school district, who are qualified to vote for members of the General Assembly, shall be qualified to vote in said election. All persons voting for the ratification of this Act shall have printed or written on his ticket the words For ratification, and all persons voting against the ratification of this Act shall have printed or written on his ticket the words Against ratification. Voters. SEC. 14. Be it further enacted by authority aforesaid, That this Act shall not become effective until ratified by a two-thirds majority of the legal voters voting at an election to be held in said school district for this purpose. Ratification. SEC. 15. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. KIRKWOOD, PUBLIC SCHOOL SYSTEM FOR. No. 16. An Act to authorize the town of Kirkwood to provide a system of public schools, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That the town of Kirkwood, in DeKalb county, shall have authority to establish and maintain a system of common schools, for the instruction of children whose parents reside within the corporate limits of said town, in the elementary branches of an English education. Kirkwood common schools. SEC. 2. Be it further enacted as aforesaid, That the schools established in pursuance of the authority herein granted shall, after the same have been so established by the governing authority of the town, be placed and remain under the control and management of a board of education, consisting of four members, beside the mayor of the town, who shall be ex officio a member and chairman of said board. When the election specified in section six of this Act shall take place, each voter may place upon his ticket the following words (or their equivalent): I favor the election of the board of education (excepting the mayor), by the mayor and council of Kirkwood, or, I favor the election

Page 478

of the four members of the board of education, by the qualified voters of Kirkwood. The method of election of the four members of the board of education shall be determined by majority vote on the question thus submitted. In the event a majority of those voting on said question shall favor the election of the members of said board of education, by the mayor and council of said town, it shall be the duty of the mayor and council to elect a board of four members, two for two years and two for four years, and at all subsequent elections, except to fill vacancies, members of said board shall be elected for four years; vacancies occurring in said board shall be filled by the mayor and council by election. In the event a majority of those voting as herein stated favor the election of said four members of the board of education by vote of the people, then the mayor and council shall provide for an election to be held for said members of the board of education, two of whom shall hold for two years and two for four years, respectively, when first constituted, and thereafter all members to hold for four years, excepting when filling vacancies. Should there be any vacancies, the same shall be filled at the first municipal election of said town by the majority of those voting, and said mayor and council shall make such suitable provision for holding said first election, as may be in conformity with law, so as to carry into effect the spirit of this Act, providing for the electon of such members of the board of education by a majority of those voting as provided in this section. Said board of education from and after the establishment of said schools is to have full control of the same, elect teachers therefor, prescribe the course of study, the books to be used therein, and in all other respects to control and direct said schools. Board of education. SEC. 3. Be it further enacted as aforesaid, That said town, through its constituted authorities, shall have full power to provide schoolhouses, furniture and apparatus for said schools, levy and collect for the support and maintenance and equipment of said schools such tax upon all real and personal property in said town, as in the judgment and discretion of said town authorities may be necessary and proper. Said tax shall be levied at the same time as the other tax of the town, and in the same ordinance, and shall be collected in the same way, by the same officers, but shall be kept separate and under separate accounts; provided, nevertheless, that the tax levied and collected under this Act shall not exceed in any one year more than one half of one per cent. upon the taxable property. Out of this tax levied for municipal purposes, a sufficient amount shall be set aside for the maintenance

Page 479

and support of the public schools established under this Act, and out of the municipal taxes there shall be set aside as a sinking fund for the payment and retirement of the bonds issued for school purposes the sum of $235.00, every year, for each of the ensuing thirty years, and said sinking fund shall be under the care and management of the mayor and council of said town. School houses, etc.; school tax. SEC. 4. The proper proportion of the educational fund due to said town or schools according to the general laws of the State shall from time to time be paid over directly to said board of education by the State School Commissioner, and the said board of education of the town of Kirkwood shall be responsible directly to the State School Commissioner, and deal directly with him. Distributive share of State school fund. SEC. 5. Be it further enacted as aforesaid, That the said town shall have power, whenever it shall so decide, to issue bonds upon the credit of the town, to an amount not to exceed ($6,000) six thousand dollars, for the purpose of raising money with which to purchase the school lot or lots, build and equip and furnish the schoolhouses in pursuance of the authority herein granted; provided, however, that the amount of the bonds shall not exceed the limit fixed by the Constitution of the State; and provided further, that in all matters and deals touching the ordering of said bonds, provision for the payment thereof, election by the people, public notices, etc., due regard shall be had to the Constitution of said State, and the statutes for such cases provided, all of which shall be complied with. School bonds. SEC. 6. Be it further enacted as aforesaid, That this Act shall not go into effect until same has been submitted to a vote at an election, to be called for that purpose, in which all the qualified voters of said town shall be allowed to participate, nor unless it shall receive the assent of two-thirds of the qualified voters of the town. Said election shall be ordered by the town council, at such time as it may decide, and notice shall be given by advertising the same once a week for four weeks in the county gazette. It shall be held under the usual laws governing elections, and the polls shall remain open from 6 o'clock in the morning until 6 o'clock in the evening. The returns shall be certified by the managers of the election to the town council at its next regular meeting, and the result shall be thereupon announced and declared by that body, and duly recorded in its minutes. Ratification of this Act. SEC. 7. All laws in conflict herewith are hereby repealed. Repealing clause. Approved August 8, 1905.

Page 480

LONE OAK SCHOOL DISTRICT, INCORPORATED. No. 453. An Act to incorporate the Lone Oak school district, in Meriwether county, Georgia; to define the boundaries of the same; to regulate the management of schools in said district; to provide revenue for said schools; to provide for the election of five trustees, to confer on them certain powers; to provide for local taxation in said school district; to provide for the method of assessing and collecting taxes in said school district; to provide for election contests, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established a corporate school district in the county of Meriwether, State of Georgia, to be known as Lone Oak school district, whose boundaries shall be coextensive and identical with the boundaries of the 1400th militia district of the county of Meriwether and State of Georgia, and commonly known as Lone Oak District. Lone Oak school district, incorporated; corporate limits of district. SEC. 2. Be it further enacted, That the management and control of all schools in said school district shall be vested in a board of trustees, composed of five persons, and which by the name and style of the Trustees of the Lone Oak School District 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 or personal, and of every kind and character. Board of trustees. SEC. 3. Be it further enacted, That L. F. Ponder, B. E. Wise, A. O. Lee, L. T. Moore and J. F. Nall 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 of trustees for said school district, which shall take place annually on the first Saturday in May. The first election under this Act shall be held on the first Saturday in May, 1906, at which time the two persons receiving the highest number of votes shall be declared elected for three years, and the two persons receiving the next highest number of votes shall be declared elected for two years, and the one person receiving the next highest number of votes shall be declared elected for one year from said date, members of said board of trustees. The five persons receiving

Page 481

the highest number of votes shall be declared elected members of said board of trustees, and in case of any tie the managers of the election may determine by drawing which one of the persons so tying shall serve for three or two years or one year. Their successors in office shall serve for a term of three years, beginning from the date of their respective elections. The board of trustees shall fill all vacancies occurring between elections in said board until the next regular election, at which time some person or persons shall be elected for such unexpired terms or term. The persons herein named, and the persons who may be hereafter elected trustees, shall serve until their successors are elected and qualified. The election of trustees shall be under the control and management of such trustees whose terms of office have not expired, three of whom shall act as managers, except that the first election shall be under the control and management of the persons heretofore named as trustees, any three of whom may be managers. In case the trustees fail to appear to hold said election, then any three freeholders may hold the election. The managers of the election shall count the ballots and declare the result, and shall seal the ballots and keep same for ten days, and if not served with notice of contest said ballots shall then be destroyed. The person or persons receiving the highest number of votes shall be declared elected. Members of Board named; election of trustees. SEC. 4. Be it further enacted, That all persons residing in said school district who have paid all taxes assessed in previous years by trustees of said district, and who are qualified to vote in State and county election, shall be eligible to vote in the election of trustees as hereinbefore provided. Voters. SEC. 5. Be it further enacted, That said board of trustees shall immediately after this Act goes into effect organize, by electing a president, vice-president, and one person to act as and be both secretary and treasurer, and no member shall receive compensation for his services except secretary and treasurer, whose compensation shall be fixed by said board at the beginning of his term, which term shall last for one year. The secretary and treasurer shall give good and sufficient bond, to be fixed by the board, for the faithful performance of his duties. The secretary and treasurer may be a member of said board, or he may be a person of said district not a member of said board, in its discretion. Officers of Board. SEC. 6. Be it further enacted, That said board of trustees shall have the power and authority to adopt and establish a system of public schools in said school district, to elect a superintendent and to prescribe his duties, and remove him for cause, in their discretion;

Page 482

to employ, suspend or remove teachers, and fix their compensation by salary or otherwise; 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 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 said district and not in conflict with the provisions of this Act or laws of this State; and said board of trustees are not only empowered and authorized to do the things provided in this Act, but they are hereby required to carry out all the provisions of this Act in so far as they are authorized hereunder. Powers of Board. SEC. 7. Be it further enacted, That said system may consist of as many schools in said school district as said board of trustees may see fit to organize and establish, and the length of the terms and the time of operating said schools shall be under the control and management of said board of trustees; provided, the length of the terms of said schools shall not for any year be for a shorter period than that fixed by the county board of education for free schools in said county for the same year. Scholastic year. SEC. 8. Be it further enacted, 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 the limits of said district, shall be admitted into the aforesaid schools upon payment of such admittance fee only as the board of trustees may deem necessary. Children of non-residents and such others as may not be entitled to the benefits of said public 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. There shall be separate schools for white and colored children, and no white child shall be admitted into a school established for colored children and no colored child shall be admitted into a school established for white children; provided, no child whose parents, guardians or natural protectors reside in said district, and whose age is between six and eighteen years, shall be refused admission or the benefits of the schools of said district, but all such children of such ages shall be admitted to said schools on the same terms, regardless of advancement in grades. Resident and non-resident pupils. Separate schools for white and colored. SEC. 9. Be it further enacted, That said board of trustees shall have power and authority to levy and collect annually a tax on all real and personal property that may be taxable under the laws of this State, in said district, for the purpose of defraying the expenses of said schools located therein, and for the purpose of

Page 483

establishment and management of schools therein and for the purpose of providing school buildings and lots for same; but the rate of taxation for said purposes shall not exceed five-eighths ([frac58]) of one per cent. in any one year. School tax SEC. 10. Be it further enacted, That said board of trustees shall be empowered and directed to appoint three of their number as tax-assessors in said district, who shall assess the valuation of all taxable property in said district for taxation for the purposes herein mentioned. Tax-assessors. SEC. 11. Be it further enacted, That any person being dissatisfied with the valuation assessed on his property by said assessors may, upon his giving written notice to the trustees within twenty days after such assessment is made, having 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 the decision of a majority of these three sitting together shall be final as to all parties. Arbitration of tax assessments. SEC. 12. Be it further enacted, That as soon as practicable after the ratification of this Act, and for each succeeding year thereafter, 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 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 in said district. Said tax shall be collected annually by the 20th day of December and turned over to the board of trustees to be kept by their treasurer, and together with all other funds received by them as said trustees to be expended only upon the order of said board in defraying the expenses necessary for the maintenance of said schools. Taxes, how levied and collected. SEC. 13. 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, if not paid, 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, and the officer's cost shall be the same as in cases of State and county tax fi. fa. Said tax fi. fa. shall be a superior lien on the property of said delinquent taxpayer, except for State, county and municipal taxes. Tax fi. fas. SEC. 14. Be it further enacted, That after the ratification of

Page 484

this Act, it shall be the duty of the county school commissioner of Meriwether county, and he is hereby required, to pay over to the treasurer of said board of trustees, under such rules as said board may provide, not in conflict with the rules and regulations of the county board of education, the portion of the public school fund of said county to which the schools that may be established by said board of trustees in the aforesaid school district by authority of this Act may be entitled, under the same rules of distribution under which the county board of education of Meriwether county assign to the county schools their pro rata share of the school fund. Distributive share of county school fund. SEC. 15. Be it further enacted, That in case any school property acquired by said board of trustees, under the 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. Sales of school property. SEC. 16. Be it further enacted, That this Act shall not become effective until ratified by a two-thirds majority of the legal voters of said district voting at an election to be held for this purpose. All persons shall be entitled to vote at this election who have paid all taxes, State and county, and who are qualified to vote at the time of this election for members of the General Assembly, and who are bona fide residents within the corporate limits of said Lone Oak school district. An election for this purpose shall be held within thirty days after the approval of this bill. It shall be the duty of the persons hereinbefore named to act as trustees, to post a notice ten days before said election in three prominent places in said district, said notices to state plainly the purpose of said election and the time and place it shall be held. The polls in said election shall remain open from nine o'clock, a.m., until four o'clock, p.m. Ratification of this Act. SEC. 17. 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 the 1400th district, G. M., of Meriwether county, and two freeholders entitled to vote in said election. In the event a justice of the peace should fail to appear at the time of holding said election, then any three freeholders entitled to vote in said election may hold the same. There shall be written or printed on all the tickets in favor of ratification the following words, to wit: For local taxation for public schools, and on all the tickets against ratification the following words, to wit: Against local taxation for public schools. Immediately after said election is over, and after a

Page 485

count of the legal ballots cast therein, the managers thereof shall proceed to declare the result and shall, within three days, file the returns of said election and the result as declared by themselves, in the office of the ordinary of Meriwether county. If two-thirds majority of the qualified voters of said district voting in said election vote For local taxation for public schools, this Act shall become immediately operative and the persons heretofore named to act as trustees are thereupon authorized and directed to carry out the provisions of this Act. Elections for ratification. SEC. 18. Be it further enacted, That all elections provided for under this Act may be contested in the same manner and under the same rules and laws that govern election contests in this State. Contests. 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 22, 1905. LITHONIA, PUBLIC SCHOOL SYSTEM FOR. No. 116. An Act to establish a public school system for the school district of Lithonia, and to provide for funds and officers to conduct said schools. SECTION 1. The General Assembly of the State of Georgia do enact, That there shall be established in the school district of Lithonia, in DeKalb county, hereinafter described and defined, a system of public schools, to be maintained and conducted as hereinafter prescribed. Lithonia school district, system of public chools. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a board of education for said district, under the corporate name of the Board of Education of Lithonia District, with the right to sue and be sued in the said corporate name; said board to consist of five members, who shall be, and are, appointed as follows: L. G. Brantley, L. A. Brooks, J. K. Marbut, J. T. Pate and J. K. Davidson, two of which shall hold offices for one year, and three for two years, until after the first year, when all shall hold their office two years. Their several terms to be determined by lot after their organization. Their successors shall

Page 486

be elected by a majority of the qualified voters residing in said district. They shall hold office until their successors are elected, said election to be held the first Wednesday in January of each year. Said election to be held by and under the authority of the board of education of Lithonia school district. Board of education. Election of members. SEC. 3. Only legal qualified voters residing in said district shall be eligible to vote in said election. Voters. SEC. 4. Be it further enacted by the authority aforesaid, That the corporate limits of said school district are as follows: Commencing where the north line of land lot No. 87 crosses Pole Bridge creek, thence west to northwest corner of land lot No. 74, thence north to northeast corner of land lot No. 72, thence east to northeast corner of land lot No. 104, thence north to northeast corner of land lot No. 102, thence east to northeast corner of land lot No. 155, thence south to northeast corner of land lot No. 154, thence east to northeast corner of land lot No. 167, thence south to northeast corner of No. 168, thence down a creek to county line, thence down the county line to Henry creek, thence up said creek to northeast corner of land lot No. 172, thence due west to Pole Bridge creek, thence along said creek to point of beginning. Corporate limits of district. SEC. 5. Be it further enacted by the authority aforesaid, That the said board of education shall elect a chairman from their body, and a secretary and treasurer, who may be either from their body or any citizen of said district. But no member other than the secretary and treasurer shall receive any compensation for their services. Officers of Board. SEC. 6. Be it further enacted by the authority aforesaid, That the board of education of Lithonia school district shall have full control of the school in said district, to employ a superintendent, teachers, and fix their compensation and duties, or to employ such other persons as the welfare of the schools demand, to make rules and regulations, courses of study, select text-books, etc., and shall have full power to remove any or all, superintendent, teachers or employees, whenever in the opinion of said board of education it is best for the interests of the school to do so. The said board of education shall have power to fix and collect whatever incidental fees may be necessary, at such a time as they may require. Also to collect tuition from such pupils as are attending said school, but live outside its bounds. Powers of Board. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty to furnish the State School Commissioner by the first day of December, 1905, and as often as the law requires thereafter, a list or census of all pupils residing in said school district

Page 487

entitled to the State school fund, and the said State School Commissioner shall pay over to the said treasurer of the said board of education such proportion of the said educational fund as said children are entitled to under the rules of distribution prescribed by law. Distributive share of State school fund. SEC. 8. Be it further enacted by the authority aforesaid, That for the year 1905 the county school commissioner of DeKalb county shall pay over to the treasurer of said board of education the amount of the public fund to which said district is entitled. Distributive share of county school fund. SEC. 9. Be it further enacted by the authority aforesaid, That the board of education of Lithonia school district is hereby authorized, empowered and required to levy each year a special tax not to exceed one half of one per cent. on all property in said school district, subject to taxation to have said tax collected by the county tax-collector the same as the county taxes and paid over to the treasurer of the said board of education of Lithonia school district. School tax SEC. 10. Be it further enacted by the authority aforesaid, That before this Act shall become operative its adoption shall be submitted to the qualified voters of the proposed Lithonia school district. For which purpose the mayor and town council of Lithonia shall order an election, of which ten days' notice shall be given by posting in five conspicuous places in said proposed district. At said election those in favor of public schools shall have printed on their ballots the words, For public schools, and those opposed to public schools shall have printed on their ballots the words, Against public schools, and if two-thirds or more of those voting shall cast their ballots in said election for public schools, this Act shall then become operative. Ratification of this Act. SEC. 11. Be it further enacted by the authority aforesaid, That there shall be separately conducted schools for whites and negroes. Separate schools for whites and negroes. SEC. 12. Be it further enacted by the authority aforesaid, That a record of said election and its results shall be filed in the office of the board of county commissioners of DeKalb county and by them recorded on their minute-book. Results of election. SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 488

MARIETTA, BONDS FOR SCHOOL BUILDINGS. No. 392. An Act to authorize the mayor and council of the city of Marietta, in the county of Cobb, to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by the said city of Marietta to be sold for the purpose of erecting, acquiring and equipping a school building for the public schools of said city, and to authorize the issuing of said bonds and the assessing, levying and collecting of a tax on all property, both real and personal, in said city of Marietta, 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 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 mayor and council of the city of Marietta, in the county of Cobb, be, and they are, hereby authorized and empowered to order and have held an election by the qualified voters of said city, at such time as said mayor and council may designate, to determine whether or not bonds shall be issued by the said city of Marietta in a sum not exceeding ten thousand dollars ($10,000.00), to be sold for the purpose of erecting, acquiring and equipping a school building for the public schools of said city. Said election shall be held in accordance with the provisions of sections 377 to 380, inclusive, of the Code of Georgia of 1895, and the ballots used in said election shall be For bonds and Against bonds. Marietta; election for school bonds. SEC. 2. Be it further enacted by the authority aforesaid, That should the said election be in favor of bonds for said purpose, then the mayor and council of said city of Marietta shall be authorized to issue the bonds of said city in a sum not to exceed ten thousand dollars in the aggregate. Said bonds shall be designated as public school bonds of the city of Marietta, and shall be for the sum of one thousand dollars each, and numbered from one to ten, inclusive. Said bonds shall be issued in the name of the city of Marietta, under its corporate seal, be signed by the mayor and clerk of council thereof, shall be for the term of twenty (20) years, and draw interest at the rate of 5 per cent. per annum, payable semi-annually on such dates as the mayor and council may fix. Bonds, how issued

Page 489

SEC. 3. Be it further enacted by the authority aforesaid, That when the said bonds are so authorized, the mayor and council of said city of Marietta shall sell in such as may seem most advantageous and for not less than par, so much of said bonds as the board of education of said city may advise is necessary for the purpose of erecting, acquiring and equipping a school building for the public schools of said city, and turn the proceeds thereof over to the treasurer of the board of education of said city of Marietta. The proceeds of the bonds so sold shall be used by the board of education of said city of Marietta for the purpose of erecting, acquiring and equipping a school building for the public schools of said city, and not otherwise. The board of education shall make report to the mayor and council of said city, showing how said funds have been used. Sale of bonds. Proceeds. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Marietta shall, and 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 city, in such sum as they may deem right, proper and necessary for the purpose of paying the interest on said bonds and to create a sinking fund sufficient to redeem and pay off said bonds at the maturity thereof, and the taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said city, and shall be used solely for the payment of the interest on said bonds as it may accrue, and for the creation and accumulation of the sinking fund for the payment of the principal of said bonds at the maturity thereof. Sinking fund. SEC. 5. Be it further enacted by the authority aforesaid, That if any election herein provided for shall be against the issue of said bonds, the mayor and council of said city of Marietta may, at any time after the expiration of one year from the date of the first election, order another election held under the provisions of this Act, and may so continue until the issuance of said bonds is authorized by the legal voters of said city in the manner provided by law. Other elections. 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 19, 1905.

Page 490

MARIETTA, PRO RATA SHARE OF STATE SCHOOL FUNDS. No. 239. An Act to amend an Act to create a system of public schools for the city of Marietta, in the county of Cobb; to levy a tax and provide a support for same; to create a board of education, define their powers and duties; to authorize a bonded indebtedness for said city, and for other purposes, approved December 29, 1890, so as to provide that the State School Commissioner shall pay over to the treasurer of the board of education of said city the pro rata share of the State school funds for the children within the school age who are residents of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and is hereby enacted by authority of the same, That an Act of the General Assembly, approved December 29, 1890, creating a system of public schools for the city of Marietta, in the county of Cobb, be, and the same is, hereby amended by striking from section 6 of said original Act the first six lines thereof and to and including the word treasurer in the 7th line thereof, and by inserting in lieu of the words so stricken the following: That the State School Commissioner of the State of Georgia, from and after the passage of this Act, shall pay over to the treasurer of said board of education the entire pro rata share of the State school funds for the children of said city who are within the school age, and to which they may be entitled under the rules of distribution. The treasurer of said board of education shall receive said funds; and so that said section when amended shall read as follows: Section 6. Be it further enacted, That the State School Commissioner of the State of Georgia, from and after the passage of this Act, shall pay over to the treasurer of said board of education the entire pro rata share of the State school funds for the children of said city who are within the school age, and to which they may be entitled under the rules of distribution. The treasurer of said board of education shall receive said funds and shall also receive from the clerk of the council of said city the taxes hereinafter levied for the support of said schools. Said schools shall be supported and maintained by the funds raised under the provisions of this and preceding section. Said board shall make a report at the end of each scholastic year to the mayor

Page 491

and council of said city, showing the amount of funds received and from what sources, and how expended. Said mayor and council shall cause this report to be published in the city paper. Said board shall cause to be kept a complete and correct record of all their proceedings, which shall be open to the public at all times. Marietta; Di-tributive share of State school fund. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 19, 1905. McDONOUGH SCHOOL DISTRICT, ELECTION FOR SCHOOL TAX. No. 613. An Act to provide a method for calling an election in the McDonough school district, of Henry county, Georgia, to submit to the qualified voters of said district the question of establishing and maintaining by local taxation public schools in 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 the trustees of the McDonough school district, in Henry county, Georgia, may submit to the qualified voters of said school district the question of establishing and maintaining public schools by local taxation, 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 as other election, and the legally qualified voters of said school district only will be allowed to vote at said election, and at said election those favoring local taxation for public schools shall have written or printed on their ballots, For local taxation for public schools, and those opposed to local taxation for public schools shall have written or printed on their ballots, Against local taxation for public schools. If two-thirds majority of the persons voting at said election shall vote for local taxation for public schools, then this Act shall become operative, and immediately, or by the first Wednesday in January of each succeeding year the said board of trustees shall determine what amount of money it shall be necessary

Page 492

to raise by taxation to defray the expenses of said schools for the scholastic year, and said board shall be required to levy a tax on all the property in said school district, said tax so levied not to exceed one half of one per cent. McDonough school district; election for local taxation for schools SEC. 2. Be it further enacted, That the said tax so levied shall be collected by the tax-collector of Henry county, Georgia, and by him turned over to the treasurer of the said board of trustees for the McDonough school district, said collection to be made annually, and this amount, together with the amount received from the public school fund and from other sources, shall constitute a fund for the maintenance of the schools in said district, and shall be paid out only on the order of and as directed by the said board of trustees. Collection of school tax. SEC. 3. Be it further enacted, That the tax shall be levied and collected on the tax returns made for State and county purposes for the last year preceding said tax levy. Tax, how levied. SEC. 4. Be it further enacted, That the tax-collector of the county of Henry shall be ex officio tax-collector for said McDonough school district, and as such shall have authority to issue tax fi. fas. against all delinquent taxpayers for the taxes so levied. Tax-collector. SEC. 5. Be it further enacted, That the sheriff of Henry county shall be ex officio the executing officer of said district to serve all writs, tax fi. fas., and make sales thereunder, and perform such duties, and in the event he declines to perform said duties, or for any reason can not act, the board of trustees for said district may appoint a suitable person to perform said duties. The said sheriff shall levy all fi. fas., make sales as other fi. fas. are levied and sales made, and in the event of a claim filed to any property levied upon under a fi. fa. issued as aforesaid, he shall return said claim, if it be realty involved, to the superior court of Henry county, and if the levy be on personalty, he shall return the claim and fi. fa. to the county court of Henry county, where the same shall be determined as other claim cases. The said sheriff shall be entitled to the same fees for levying and collecting and making sales under said fi. fas. as he is entitled to for the same services on fi. fas. for State and county taxes, and the tax-collector shall be entitled to the same fees as he is allowed for issuing fi. fas. for State and county taxes. Tax fi. fas. SEC. 6. Be it further enacted, That the said board of trustees shall have power and authority, should the result of the election hereinbefore provided for be against local taxation for public schools, to order other elections once every six months thereafter until local taxation for public schools is ratified. Other elections.

Page 493

SEC. 7. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 21, 1905. MENLO SCHOOL DISTRICT, INCORPORATED. No. 567. An Act to incorporate the Menlo school district, Chattooga county, Georgia; to fix its boundaries; to establish therein a system of free schools, with trustees and other officers, with the right to pass rules and by-laws to govern same and provide for the support and maintenance of said schools by local tax, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, the Menlo school district shall be incorporated under the name Menlo School District, described and bounded as follows, to wit: Commencing at a point on the south boundary line of lot land No. (30) thirty where the line between the State of Alabama and Georgia cross the same; thence east with the original land lines between the (14) fourteenth district and the (13) thirteenth district to the center of the south boundary line of lot of land No. (26) twenty-six; thence north equally dividing said lot No. (26) twenty-six and lot of land (5) five to the Alphine and Raccoon public road; thence east with said public road to the east boundary of said lot No. (5) five; thence north along land lines to the Menlo and Raccoon public road; thence east with said public road to where the land line of George Kling and Puterbough and Perry leaves the same; thence said land line, the same being a marked line to the east boundary line of lot of land No. (179) one hundred and seventy-nine; thence north along land line to the northeast corner of lot of land No. (178) one hundred and seventy-eight; thence east along land lines to the northeast corner of lot of land No. (147) one hundred and forty-seven; thence north along land lines to the northeast corner of lot of land No. (149) one hundred and forty-nine; thence west with land line to a point one-fourth the distance of the south boundary line of lot of land

Page 494

No. (186) one hundred and eighty-six from the southeast corner thereof; thence north to the north boundary of said lot No. (186) one hundred and eighty-six, so as to include three-fourths of said last mentioned lot; thence west to the southeast corner of lot of land No. (210) two hundred and ten; thence north to the northeast corner of said lot No. (210) two hundred and ten; thence west along land lines to the State line between Georgia and Alabama; thence south with said State line to commencing point, all in the (13th) thirteenth district and (4th) fourth section, and in the 14th district and 4th section of Chattooga county, Georgia. Menlo school district, incorporated Corporate limits of district. The rights, powers and privileges of said Menlo school district shall be vested in and exercised by a board of five trustees, who shall be citizens of said district qualified to vote in State elections, who shall hold office for two years and until their successors are elected and qualified, except that after the first election the board of education of said county shall designate two of said trustees whose term of office shall expire in one year and their successors shall be elected, so that each year following the terms of three and two respectively shall expire and their successors elected. Board of trustees. SEC. 2. Be it further enacted, and it is hereby enacted by the authority of the same, That said trustees may sue and be sued in the name of said school district, buy or receive property for school purposes, and hold the same, and preserve said property and do any and all things necessary to the establishment, equipment and maintenance of school buildings in said district. They shall keep separate schools for white and colored children. They shall elect and contract with all teachers and fix the terms of school, and salaries of teachers, and discharge teachers when deemed to the interest of the schools. They shall have power to provide all necessary rules for the government and maintenance of free schools in said district, 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 district subject to State tax and levy thereon an ad valorem tax not to exceed one half of one per cent. On the default of payment of said tax the secretary shall issue an execution as tax executions upon State and county tax are issued, which shall be levied and collected in like manner. Said trustees shall have complete jurisdiction and control of the schools and school property of said district. The special ad valorem tax for school purposes shall be due November the first of each year and shall be paid by December the first of each year or declared in default and execution issue therefor. The same shall be paid to the treasurer,

Page 495

and on default it shall be his duty to report to the secretary and the secretary shall issue executions therefor. Said trustees may provide for the admission to said school of children out of said district, and should any child or children of school age within said county attend said school, giving the name and age of the same in a sworn statement by the teacher of said school to the county school commissioner, said commissions shall pay to the treasurer of said school the pro rata fund due said child or children. Powers of Board. SEC. 3. Be it further enacted, and it is hereby enacted by the authority of the same, That the State School Commissioner shall pay to the treasurer of said school district, when due, the gross pro rata per capita sum to which said schools are entitled, estimated by the number of school children within said district. The said trustees shall, as soon as practicable after this Act goes into effect, provide for the enumeration of schoolchildren within said area, and enumerate the same each year thereafter and report the same to the State School Commissioner under oath of the enumerator that the same is true and correct. Distributive share of State school fund. SEC. 4. Be it further enacted, and it is hereby enacted by the authority of the same, that the board of education of said county shall provide for the registration of voters within said district for the purpose of an election for or against free schools by a local ad valorem tax, and all voters within said district entitled to vote for representative shall be entitled to register and vote in said election, provided they have resided in said district three months next preceding said election. Registration for the purpose of voting in general elections shall not be required. The books of registration shall be open at least twenty days and close five days prior to said election: Any person interested may contest the right of any person so registered to vote or the refusal to allow any one to register by filing with the mayor of Menlo his contest within two days after the registration book is closed. On the day prior to the election the said mayor shall hold a meeting and finally determine said contest. Any person who shall register under this Act who is not so entitled shall be guilty of a misdemeanor and punished under section 1039 of the Penal Code of Georgia. Should the said board of education fail to provide for registration, as in this section provided, any person interested and file the same with the mayor of said town of Menlo, whose duty it shall be to open the same and close the same in terms of this Act. Regristration of voters. SEC. 5. Be it further enacted, and it is hereby enacted by authority

Page 496

of the same, That on the first Saturday in December, 1905, at the place in the town of Menlo where municipal elections are generally held, or other central, of which ten days' notice is posted in said town, an election shall be held in said district for the purpose of determining whether an ad valorem tax shall be levied in terms of this Act in said district for free school purposes. The said board of education shall appoint three freeholders, citizens of said district, to hold said elections, and in case they fail to appoint, any three freeholders of said district may hold said election. Before entering upon their duties said managers shall take the following oath: We and each of us do solemnly swear that we will well and truly perform the duties devolved upon us as managers of election for or against local tax this day to be held in Menlo school district, and will declare the true result thereof. The polls shall be opened and closed as State elections. The managers shall provide a box for the casting of ballots. Those voting shall have printed or written on their ballots for free schools by local taxation, or against free schools by local taxation. The managers shall declare the result on the day of election and if two-thirds of the registered voters in said district cast ballots for free schools by local taxation, the same shall prevail in terms of this Act, and a local ad valorem tax is hereby authorized to be levied and collected for school purposes in said district. Otherwise no such tax shall be levied. At the same time and place and under the same rules said managers shall provide a separate box for the casting of ballots for school trustees as in this Act provided, and the five persons receiving the highest number of votes shall by said managers be declared elected school trustees as herein provided; each succeeding year an election for trustees shall be held under such rules as may be fixed by them, on the first Saturday in December of each year. In case two-thirds of said voters do not cast their ballots for free schools by local taxation, then this Act shall not be operative, but an election under this Act shall be held on the first Saturday in December of each year until the requisite two-thirds are so cast; provided twenty freeholders in said district file sixty days prior to said election a petition duly signed by them with said board of education asking that such election be held. Elections for ratification of this Act and for trustees. SEC. 6. Be it further enacted, and it is hereby enacted by authority of the same, That upon this Act becoming effective according to the terms thereof, no other election shall be held hereunder, but said trustees shall to all intents and purposes of this Act establish a permanent system of free schools in said district. Permanent system of free schools.

Page 497

SEC. 7. Be it further enacted, 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 22, 1905. MITCHELL, PUBLIC SCHOOL SYSTEM ABOLISHED No. 466. An Act to repeal an Act entitled an Act to establish a system of public schools in the town of Mitchell, 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 this Act; to define the boundary thereof, and for other purposes, approved August 10, 1904. 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 entitled an Act to establish a system of public schools in the town of Mitchell, 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 this Act; to define the boundary thereof, and for other purposes, approved August 10, 1904, be, and the same is, hereby repealed. Mitchell, public school system abolished. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the approval of this Act, all conflicting laws be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1905.

Page 498

PENDERGRASS, PUBLIC SCHOOLS INCORPORATED. No. 61. An Act to incorporate Pendergrass public schools in the town of Pendergrass, Jackson county; to regulate the management of the schools of said town; to provide for revenue for running the same; to define its boundaries; to provide for the election of trustees, and to define their powers. 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 public school in the town of Pendergrass, Jackson county, Georgia, to be known as the Pendergrass public school, with the corporate limits of said town extending from the depot of the Gainesville Midland railway as a center, for school purposes only, two miles in every direction; provided said corporate limits shall coincide with the school district established by the county board of education. Pendergrass public school. SEC. 2. Be it further enacted, That the management and control of all schools in said town shall be vested in a board of trustees to be known as a board of education, composed of six persons, viz.: J. A. Bryan, P. J. Roberts, H. M. Appleby, A. D. White, J. H. Getzen and J. S. Brooks; the first and second of which shall serve three years, the third and fourth two years, and the fifth and sixth one year; and the mayor and council of the town of Pendergrass are hereby authorized and empowered to elect their successors for a term of two or four years as they may choose. The board above provided for, by name and style, shall have perpetual succession, have a common seal, have a right to sue and be sued, and shall have power to purchase and receive and hold to them and their successors in office, for school purposes, any estate, real or personal, of every kind and character. Board of education incorporated. SEC. 3. Be it further enacted, That upon the passage of this bill the said board of education shall immediately organize by electing a president, vice-president, secretary and treasurer, from their number, or the superintendent of said schools may be secretary and treasurer. Officers of Board. SEC. 4. Be it further enacted, That said board of education have power to adopt and establish, and are hereby required so to do, a system of public schools in said town, one for white children and one for negro children; to elect a superintendent, who may, or may not, be ex officio secretary and treasurer of said

Page 499

board; to prescribe his duties, to fix his term for four years or less, to employ, suspend or remove teachers, if the board so determines; to fix their salaries; to provide schoolhouses by rent, building, purchase or otherwise; to make and hold title to such property; to make such rules and regulations for the government of themselves and such schools as they may deem proper, not in conflict with the laws of the State, and to do any and all things promotive of the above educational interests of said town, not in conflict with the provisions of this Act or the laws of the State. Powers of Board. SEC. 5. Be it further enacted, That said board of education shall establish a school not less than five and not more than ten months each year. All children entitled to the benefit of the public schools under the laws of this State, and whose parents, guardian or natural protectors reside within the incorporated limits of said town, as above set forth, shall be admitted to the aforesaid schools; the white children to the white school, and the negro children to the negro school, upon the payment of such fee or tuition as said board of education may deem necessary and prescribe, and not otherwise; provided said board may fix further conditions in case of contagious diseases. Scholastic year. White and negro schools separate. SEC. 6. Be it further enacted, That it shall be the duty of the said board of education, immediately after the passage of this Act, to define the lines of the said district by survey if necessary, and have made a census of all the pupils and children residing in said district entitled to State school funds; and as soon as practicable after making said census they shall furnish to the county school commissioner of said county a certificate showing the number of such pupils or children in said district. Limits of school district and census of children. SEC. 7. Be it further enacted, That non-resident children may be admitted to said school and receive the benefit of the public funds to which they would be entitled if they attended the school in their respective districts or county, which funds shall be paid to the treasurer of said board by the county supervisor of such county from which said pupil may attend, under such rules as said board may prescribe, not in conflict with the laws of this State. Non-resident pupils. SEC. 8. Be it further enacted, That the county school commissioner of Jackson county is authorized and required to pay over to the treasurer of said board the portion of the public school funds of said county or other funds from the State or otherwise, in which said town, as above incorporated, is entitled to a pro rata under the rules for the distribution of said fund; provided said county school commissioner shall pay over the full regular daily pro rata for each pupil who attended said school one hundred days or less, any time during the calendar year. Distributive share of county school fund.

Page 500

SEC. 9. Be it further enacted, That said board of education shall exercise sole and exclusive control of all schools in said town, and shall make all necessary reports to the county school commissioner. Control of schools. SEC. 10. Be it further enacted, That in case school property acquired by said board of education under any provisions of this Act, or otherwise, be sold, the funds thereof shall be reinvested in other property to be used for school purposes. Sale of school property. SEC. 11. Be it further enacted, That said board of education shall annually make a report in writing to the public, with a sworn statement of the receipts and expenditures of all moneys which pass through their hands. Reports of Board. SEC. 12. Be it further enacted, That the mayor and council of the town of Pendergrass shall have full power and authority, and are hereby empowered and required, to levy and collect a tax on all real and personal property in the limits of said town as above incorporated for school purposes only, to defray the expenses of maintaining said school in said town, of erecting, preserving or renting school buildings, and other property belonging to said town, but the rate of taxation shall never exceed one percentum ad valorem. School tax SEC. 13. Be it further enacted, That all owners or holders of real estate or personal property in said town, as above incorporated, shall list the same under oath with the tax-assessor or collector of said town as soon as this bill shall become operative under the terms herein, and in the month of August or September of each succeeding year, and a failure so to do shall subject said taxpayer to a double tax. The assessor or collector of said town shall receive for listing and collecting said taxes five per cent. upon all taxes collected. He shall pay all moneys collected under the provisions of this bill to the treasurer of said school board. The mayor and council shall appoint three freeholders of said town, as above incorporated, who shall act as a tax revising board. Said revising board shall meet not later than November the first of each year, and revise and correct said tax list, and may increase the value of any property which they may consider has been returned below its cost value; provided they shall notify the holder or owner of property affected by such increase by giving five days' notice, after which he may be heard in person, or by attorney, before said revising board, whose decision shall be final. They shall receive two ($2.00) dollars per day for such services. Said taxes shall be collected as all other taxes of said town, and fi. fas. and levies made as prescribed for said town. The said

Page 501

taxes shall be due and payable not later than November of each year, but said mayor and council may change said time of payment or time for assessment and revising said tax list. Tax returns. Tax revising board. SEC. 14. Be it further enacted, That before section 12 shall become operative, its adoption shall be submitted to the legally qualified voters of said town, as above incorporated. For which purpose the mayor of said town shall call an election, to be held as other elections in said town are held, first giving twenty days' notice of said election at three public places. The clerk or secretary for the council of said town shall open and keep open, not less than fifteen days of the said twenty days' notice, a book of registration, in which all legally qualified voters of said town as above incorporated shall register before they may vote in said election. Those who favor section 12 shall have on their tickets For section 12, and those who oppose it shall have on their tickets Against section 12, and if the said section 12 shall receive a two-thirds majority of those voting in said election, then said bill shall become operative, but if the said section 12 should fail to receive such a constitutional majority, then said mayor and council may order an election to vote upon the said section 12 as often as they may deem expedient, until said section is adopted; provided no part of this bill shall become effective until section 12 shall have been adopted as above provided. Election for school tax. SEC. 15. Be it further enacted, That all laws or parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 21, 1905. PIERCE COUNTY, PUBLIC SCHOOL SYSTEM FOR. No. 36. 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, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, and its adoption by the voters of Pierce county, as hereinafter provided, there shall

Page 502

be established in and for the county of Pierce a local system of public schools for the education of the 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 by either of them. Pierce county, system of public schools for SEC. 2. Be it further enacted, That there shall be established in and for the county of Pierce as a part of said school system a board of education consisting of five members, who shall be freeholders and whose term of office shall be five years and until their successors are elected and qualified, and who shall be elected by the grand jury of said county; that immediately upon the adoption of this Act, as herein provided for, J. M. Purdom, Randall Davis, J. E. Griner, B. M. Thomas and L. J. Walker shall constitute said board of education, to hold office until the first spring term of the superior court of said county thereafter, at which time a board of education shall be elected by the grand jury of said countyone member then being elected for one year, one for two years, one for three years, one for four years and one for five years; and at each spring term of said superior court thereafter the grand jury shall elect one member of said board. Board of education SEC. 3. Be it further enacted, That said board of education be, and it is, hereby constituted and incorporated under the name and style of The Board of Education of Pierce County. Board of education of Pierce county incorporated. SEC. 4. Be it further enacted, That each member of said board of education, before entering upon the discharge of the duties of his office, shall take and subscribe to the following oath of office: I do swear that I will faithfully perform and discharge my duty as a member of the board of education of Pierce county to the best of my skill and ability, so help me God. Oath of members of Board. SEC. 5. Be it further enacted, That each member of said board of education shall be paid the sum of two dollars per day as his compensation for actual service. Per diem of members of Board. SEC. 6. Be it further enacted, That the members of the State board of education, at their first meeting after the adoption of this Act, as herein provided for, shall elect one of their own number to be president of said board, who shall serve as such for the term for which he was chosen a member of said board; the said board, at the same time, shall also elect a superintendent of public schools of said county, who shall be ex officio secretary of said board, and a treasurer; provided it is left discretionary with said board to elect the same person to fill both the office of superintendent

Page 503

and treasurer. That the superintendent and the treasurer, whether the two offices are filled by one or two persons, shall be elected for the term of four years, unless sooner removed for neglect of duty, inefficiency, or malfeasance or corruption in office; that the president of said board shall not receive any compensation other than that received by the other members of the said board, but that the superintendent of schools and the treasurer shall receive such salary as the board shall fix; the said treasurer shall give such bond for the accounting of all moneys turned over to him and for the faithful discharge of his duties as the said board may require, and he shall be entitled to receive from the tax-collector of Pierce county the school tax assessed, levied and collected under the provisions of this Act for the support and maintenance of the system of public schools in said county established by said board of education, as well as to receive all moneys belonging to said board of education, and paid or to be paid by the State School Commissioner, or by the Treasurer of the State of Georgia, or which may become the property of the said board from any source whatever, and to hold and disburse the same under the direction of said board of education, and to perform such other duties and make such reports as the said board of education may prescribe. President of Board. Superintendent of public schools, and Treasurer. SEC. 7. Be it further enacted, That it shall be the duty of the president of said board of education to preside over the deliberations of said board, which duty, in his absence, shall be performed by the president pro tempore, to be elected by the said board, and to see that all orders and resolutions of the board are faithfully carried out, and to perform such other duties as the board may determine. The duties of the superintendent of the public school shall be to faithfully look after and superintend the schools established by said board of education; to examine all applicants for the position of teachers in said schools under the rules and regulations of said board; to make from time to time such recommendations as he thinks will increase the efficiency of said schools; to revoke licenses granted by him or his predecessors for incompetency, immorality, cruelty to pupils or neglect of his duties, and the revocation of the license of any teacher shall terminate the connection of said teacher with any school which he may have been employed to teach, but any teacher so dismissed shall have the right to appeal to the said board of education, whose decision shall be final. It shall also be the duty of the said superintendent to act as secretary of said board, and to record and preserve all

Page 504

the acts and resolutions of said board, and to perform such other duties as may be imposed upon him by said board. SEC. 8. Be it further enacted, That the duties of said board of education shall be to establish and from time to time to change and modify, as in their judgment seems best, a system of public schools for the county of Pierce for the benefit of the white and colored children in said county between the ages of six and eighteen years, and to maintain and superintend the same; they shall lay out said county into school districts and shall establish as many schools as are necessary for the educational interests of said county; provided that separate schools shall be provided for the white children and the colored children; they shall elect a superintendent and treasurer as herinbefore provided; they shall elect, employ, appoint and remove teachers under rules and regulations to be prescribed by them, and also such other employees as the system adopted by them may require; they shall provide schoolhouses by building, renting, purchase or otherwise, and repair same when deemed by them advisable so to do; they shall fix the time and length of each school term; they shall provide for curriculum of all the schools, and arrange courses of study; provided said curriculum and courses of study are not in violation of the Constitution and the laws of the State of Georgia; and provided, further, that they shall not introduce in any of the schools established by them books of a sectarian character, nor exclude the Bible from any of said schools; and provided, further, that if deemed advisable by them to establish in any one or more, or all, of said schools higher grades or courses of study than those authorized under the Constitution and laws of Georgia, the same may be established under such regulations as to tuition to be paid by those receiving the benefit of such higher grades and courses of study as the said board may prescribe; they shall provide all necessary school furniture and educational appliances when considered best; fix the salaries of teachers, said salaries to be paid in such manner and at such time as the board may prescribe; they shall make by-laws for their own government and rules and regulations for the government and direction of the superintendent, treasurer, teachers, pupils and employees under their control, and for the receiving and paying out of all funds as they may deem necessary; they shall establish schools so as to extend impartially the benefits of same to all the children of school age in the county, due regard being had to the differences in density of population in different portions of the county; they shall be empowered to make, receive and hold titles to all property acquired

Page 505

by them by purchase, lease, gift or otherwise; they shall have all the rights and powers other than those herein mentioned. That the county boards of education of the State of Georgia now have or may have, and all and singular such other rights and powers as may be necessary in carrying out the provisions and purposes of this Act; they shall have the right to sue and be sued under and 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 to carrying out the purposes of this Act. Powers of Board. SEC. 9. Be it further enacted, That all children entitled to the benefit of public schools under the laws of this State, and whose parents, guardians or natural protectors reside in said county of Pierce, shall be admitted to the aforesaid schoolswhite children in the white schools and colored children into the colored schoolsupon the payment of such admittance fee only as the said board may deem necessary. The children of non-residents, and such others as may not be entitled to the benefit of these schools, may be admitted thereto upon such terms as may be prescribed by the said board of education, not in conflict with the laws of this State; provided that said board of education shall have the authority to indicate the school that any child or children shall attend, and to fix a maximum and minimum number of pupils that may or shall attend any school, and to close any school at any time that the same shall fall below the minimum of attendance required. Resident pupils. Separate schools for white and colored. Non-resident pupils. SEC. 10. Be it further enacted, That any member of said board of education, for inefficiency, corruption, or malfeasance in office, or persistent neglect of the duties of his office, shall be removed from said board by any grand jury of Pierce county lawfully sitting at a regular or special term of the superior court. Members of Board removable SEC. 11. Be it further enacted, That all contracts with said board of education shall on the part of the board of education be signed by the superintendent of public schools, and approved by the president of said board, under the direction of said board, except the contracts with teachers, which shall be signed by the superintendent alone acting under the immediate authority and direction of the board of education. Contracts of the Board. SEC. 12. Be it further enacted, That the board of education shall be entitled to receive from the State, for the purposes of this Act, all taxes and moneys due and to become due by the State to the county of Pierce for educational purposes, and to receive from the State the pro rata share due by the State to the county of

Page 506

Pierce of all appropriations for said purposes, and of 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, shall bear to the number of white and colored children in the State between the ages of six and eighteen years. Distributive share of State school fund. SEC. 13. Be it further enacted, That the said board of education shall recommend to the grand jury of Pierce county at each spring term of the superior court a tax rate of not less than one mill nor more than two and one-half mills, which in its judgment will be necessary to maintain the system of public schools established hereunder, and it shall be the duty of said grand jury either to approve the tax rate so recommended or to change and approve a tax rate within the limitations above mentioned, for the purposes aforesaid. It shall be the duty of the ordinary of said county to levy upon the taxable property of said county the tax so recommended by the grand jury, and to collect the same as other taxes of the county are collected; provided that should the board of education fail to recommend a rate, or the grand jury fail to approve or recommend a rate for 1905, or any year, before the time for levying county taxes, then it shall be the duty of the ordinary 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 said county. School tax SEC. 14. 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 the said board, and make report of their examinations. Members of Board are county officers. SEC. 15. 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 for the unexpired term by the grand jury next sitting after such vacancy may occur. Quorum of Board; vacancies. SEC. 16. Be it further enacted, That within twelve months

Page 507

after the passage of this Act it shall be the duty of the ordinary of Pierce 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 election of county officers, notice of which election shall be published in the newspaper in which the legal advertising of the county is done, once a week for four weeks prior to the date for the said election, and also by posting the said notice at the courthouse door four weeks before 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 opposing shall vote Against the adoption of local school law for Pierce county. Ratification of this Act. SEC. 17. Be it further enacted, That a consolidation of the votes cast at said election shall be made at the courthouse in said county in the manner and under the regulations of the law governing the election of county officers. Election returns. SEC. 18. Be it further enacted, That upon the consolidation of the votes cast in 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 thereupon become a law in full force and effect. Certificate of election 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 10, 1905. PINEVIEW SCHOOL DISTRICT INCORPORATED. No. 330. An Act to incorporate Pineview school district, in Wilcox county; to define its boundaries; to regulate the management of the schools in said district; to name the trustees and provide for the election of their successors and define their powers and duties; to provide for the assessment, levying and collection of taxes for the support of said schools, and for other purposes.

Page 508

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 Pineview school district is made a body corporate, to be managed and controlled by a board of trustees, consisting of five members, and shall be known and designated under the corporate name of Pineview School District, and under that name and style said trustees shall have perpetual succession; shall have a common seal, and shall have power to purchase, lease, have, hold and retain and receive to themselves and their successors in office for school purposes and for the use and benefit of the schools in said district, any estate or estates, real or personal, and shall under the said name and style be capable of being sued or suing in any of the courts of competent jurisdiction. Pineview school district, incorporated SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, That the corporate limits of said school district shall include the following territory in Wilcox county, to wit: Commencing at the northwest corner of lot of land No. 88 in the fifth land district of said county, thence running east on original land lines to the northeast corner of lot of land No. 55, in the eighth district of Wilcox county, the same being the dividing line between Wilcox and Pulaski counties; thence south along the original land line to the southeast corner of lot of land No. 82, in the eighth district of said county; thence west on original land line between lots Nos. 82 and 83 in said eighth district to Cedar Creek swamp; thence making Cedar creek the line and running westerly to or near the southwest corner of lot of land No. 118, in the fifth district of said county; thence north on the original land line between lots numbers 118 and 119 in the said fifth district to a certain point on said line designated by a made corner; thence northwesterly, taking all of lot of land 119 in said 5th district belonging to S.P. Wilson and Melvin Jones; thence north to the southwest corner of lot of land No. 106 in said fifth district in said county; thence along the original land line to the northwest corner of said lot No. 106; thence west along original land line between lots Nos. 105 and 88 in said fifth district, to the southwest corner of lot 88; thence north along the original land line to the original starting point, being the northwest corner of said lot number 88 in the said fifth district; said school district to include all lands between said lines as originally laid off by J. I. Bruce and B. M. Harvey, members of the board of education of Wilcox county. Corporate limits of district. SEC. 3. Be it further enacted by the authority aforesaid, That

Page 509

J. I. Bruce, C. M. Hammond, Lemuel Walden, W. C. C. Sheffield 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. Members of Board of trustees named. Election of successors. SEC. 4. Be it further enacted by the authority aforesaid, That the 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 and treasurer, whose compensation shall be fixed by the board. The secretary and treasurer shall give good and sufficient bond, to be judged of by the said board of trustees. 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 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 may 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 the authority aforesaid, That there shall be established and maintained for not less than five nor more than ten calendar 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 to 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 the public schools under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of the said district, shall be admitted into the aforesaid schools upon the payment of such fees only as the board of trustees may deem necessary; children of non-residents and such

Page 510

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. Scholastie year. Separate schools for white and colored; Resident and 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 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. Distributive 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 September in each 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 schools for the scholastic year, and said board shall, through their officers, be required to levy and collect the same; provided the same shall not exceed three-fourths of one percentum of the taxable property of said district. School tax SEC. 9. The secretary and treasurer of the board of trustees of the said Pineview school district shall assess the valuation of all property within the said district for taxation; that prior to making such assessments he shall transcribe from the books of the tax-receiver of said county a list of all property in said district, together with the valuation placed thereon by the owner, and for this purpose he shall have free access to the books of the tax-receiver of said county. Said secretary and treasurer shall also have access to all municipal tax books in said district for the purpose of gathering information relative to the value of property therein. Said secretary and treasurer shall have power and authority to compel any citizen of said school district to testify under oath as to the value of any property in said district. And should any citizen refuse to so testify, he shall be punished as provided for in similar cases before justices of the peace. In the event said secretary and treasurer shall assess any property in said district at a higher valuation than is placed thereon by the owner of said property in returning the same to the State and county for the purpose of taxation, then he shall notify such owner in writing, of the amount he has raised the valuation of such property,

Page 511

and should any taxpayer be dissatisfied with the valuation placed on his property by said secretary and treasurer, such taxpayer may select a disinterested arbitrator to represent him, and notify said secretary and treasurer, who shall likewise select a disinterested arbitrator, and the two arbitrators thus selected shall select an umpire, and the three arbitrators thus selected shall proceed within five days, at a time and place of which said secretary and treasurer and taxpayer shall have notice to hear such evidence as may be produced before them, and finally determine the valuation of such property for the purposes of taxation in said Pineview school district. Tax assessments. Arbitration of tax assessments. SEC. 10. Be it further enacted by the authority aforesaid, That the said secretary and treasurer of the said board of trustees of the Pineview school district shall have power and authority to list and assess all property within said district, and collect the tax thereon, whether the same was returned by the owner thereof to the State and county tax-receiver or not; and should such owner be dissatisfied with the valuation placed thereon by the said secretary and treasurer, the same shall be arbitrated as provided for in the preceding section. Assessments and arbitrations. SEC. 11. Be it further enacted by the authority aforesaid, That the taxes herein provided for shall become due and payable at the same time as State and county taxes are due and payable, and the said secretary and treasurer of said board of trustees shall keep open his tax books for the purpose of allowing taxpayers to pay their taxes until the twentieth day of December of each year, when the said books shall be closed and the secretary and treasurer of the board of trustees of Pineview school district shall issue an execution against all delinquent taxpayers in said district. Such execution shall be addressed: To all and singular the sheriffs and constables and special bailiffs of said State, and shall bear the signature and seal of said secretary and treasurer, and shall be levied upon the property of delinquent taxpayers and sold in the same manner as State and county tax fi. fas. are levied; if said executions are levied upon personal property, said property shall be advertised for ten days by putting up three notices at three public places in said school district, and then sold to the highest bidder, before the schoolhouse door established for white children in said school district. If levied upon real estate, it shall be turned over to the sheriff of said county and advertised and sold by him at the courthouse doors under same law that governs sale of real estate in collecting State and county taxes, and said board of trustees of said Pineview school

Page 512

district are hereby vested with the same power and authority to appoint special bailiffs and constables or other officers under the same rules and regulations for the purpose of levying and collecting said tax fi. fas. as is vested in the several tax-collectors of this State, and such officer shall receive like compensation. Said tax fi. fas. shall be a superior lien upon the property of delinquent taxpayers, except liens for State and county taxes. Collection of taxes. Tax fi. fas. SEC. 12. Be it further enacted by the authority aforesaid, That should the owner of any unreturned property in said district be unknown to the secretary and treasurer of the board of trustees, said secretary and treasurer shall assess the valuation of such property and shall issue execution against the same as unknown property, which execution shall be levied and collected as hereinbefore provided. Unreturned property. SEC. 13. Be it enacted by the authority aforesaid, That said tax when collected shall be turned over to the secretary and treasurer of the board of trustees, together with all other moneys intended for school purposes in said district arising from any source whatever, which shall constitute a fund to be expended only by the order of the board of trustees of said Pineview school district in defraying the expenses in conducting the said schools. School fund. SEC. 14. Be it further enacted by the authority aforesaid, That after the ratification of this Act, the board of education of Wilcox county shall not establish any other school, grant any license to, or contract with, any person to teach a school of any character in said district; nor shall any of the State school fund be paid to any school in said district other than the schools herein provided for. Other schools. SEC. 15. 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 fund derived from such sale shall be reinvested in other property to be used for school purposes. Sales of school property. SEC. 16. 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 within said district, which shall be the basis of settlement with the county board of education. Census of children. SEC. 17. Be it further enacted by the authority aforesaid, That immediately after the passage of this Act, it shall be the duty of the justice of the peace, notary public or any freeholder of the said district to post a notice in three public places in said district,

Page 513

that on a certain day after five days after the posting of said notice, an election will be held in said district for the purpose of ratifying or refusing to ratify this Act, and any three freeholders of said school district are hereby vested with the authority to hold said election; that at said election all persons who are residents of said proposed school district and who are otherwise qualified to vote for members of the General Assembly, shall be qualified to vote. They shall have written or printed on their ballots For ratification, or Against ratification; and if at said election this Act shall be ratified or approved by two-thirds majority of the persons voting at said election, then this Act shall become immediately operative; and the holders of said election are authorized to declare the result; if against public schools the board of trustees of said district shall order other elections in like manner, every six months, until public schools are adopted and this Act ratified. Ratification of this Act. SEC. 18. Be it further enacted by the authority aforesaid, That when said Act is ratified or the trustees elected, the managers of said election shall seal up all ballots and other papers kept in connection with said election and turn them over to the ordinary of said county, who shall hold such returns for the term of ten days, in which time any taxpayer or voter may file a contest as now provided by law, and such contest shall be heard and determined by the ordinary, as other contests are now heard and determined by him, and his decision shall be final. Election returns. Contests SEC. 19. Be it further enacted by the authority aforesaid, That immediately after the ratification of this Act, as provided for in the preceding section, the members of the board of trustees hereinbefore provided for shall take the following oath: I do swear that I will faithfully discharge the duties required of me by the terms of the Act incorporating `Pineview school district.' Oath of trustees; 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 16, 1905.

Page 514

ROBERTA, PUBLIC SCHOOL SYSTEM ABOLISHED. No. 409. An Act to repeal an Act entitled an Act to establish a public school system in the town of Roberta, Georgia, Crawford county; to empower the mayor and city council of said town to levy and collect a tax for the support thereof; to create a board of school commissioners of said town; to authorize the State School Commissioner of said State to turn over to said school board such part of the State school funds as may be the full pro rata share of said town; to authorize the county school commissioner of said county to turn over to the school board of said town the pro rata share for each child living in the county of Crawford, and outside of the corporate limits of said town and attending said public schools in said town, and all Acts amendatory 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 said authority, That from and after the passage of this Act that the Act approved December 18, 1900, entitled an Act to establish a public school system in the town of Roberta, Georgia, Crawford county; to empower the mayor and city council of said town to levy and collect a tax for the support thereof; to create a board of school commissioners for said town; to authorize the State School Commissioners of said State to turn over to said school board such part of the State school funds as may be the full pro rata share of said town; to authorize the county school commissioner of said county to turn over to the school board of said town the pro rata share for each child living in the county of Crawford and outside of the corporate limits of said town and attending said public schools in said town, and for other purposes, and all Acts amendatory thereof, be repealed. Roberta; public school system 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 21, 1905.

Page 515

SOCIAL CIRCLE ACADEMY INCORPORATED. No. 506. An Act to incorporate the Academy of Social Circle, in the city of Social Circle; to provide for the election of a board of trustees; to define the powers and duties, providing for a system of public schools in said city of Social Circle, Walton county, Georgia; to empower the mayor and council of said city to assess, levy and collect a tax for the support and maintenance of said schools and repair and add to the school property; to require the pro rata share of said city in the State and county school fund to be turned over to said board of trustees, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, the corporate authorities of the city of Social Circle having so recommended, That there should be established in the city of Social Circle, Walton county, Georgia, a system of public schools, to be conducted and maintained as hereinafter provided, under the corporate name and style of the Academy of Social Circle. Academy of Social Circle, incorporated SEC. 2. Be it further enacted, That the Social Circle Academy shall have and consist of two divisions under the same general management, one to be known as the white division and the other as the colored division of said academy, for the education of white and colored children of said city in corporate schools. White and colored divisions. SEC. 3. Be it further enacted, That M. W. Burton, R. A. Cook, E. T. Mayo, M. L. Mobley and G. E. Knox be, and they are, hereby created a board of trustees for said academy. Their term of office to begin on the first Monday in April after the passage and ratification of this Act. They shall hold their office until their successors are elected and qualified. They shall settle by lot their respective terms of office, which shall be for one, two, three, four and five years, so that there shall be but one member of said board to be elected each year, which election shall be by the mayor and council of said city at their regular meeting next preceding the first Monday in April, and such election shall be for five years. At the same time said mayor and council shall fill all vacancies on said board for the unexpired terms at any regular meeting. Members of Board of trustees namedelection of successors SEC. 4. Said board upon its organization shall elect a president,

Page 516

vice-president, secretary-treasurer, which latter office shall be entitled to such compensation as said board may determine. All other officers and members of said board to serve without compensation. Said board may elect such other officers and committees as it deems best. Officers of Board. SEC. 5. Be it further enacted, That said board shall have all the powers necessary to the management, control and operation of the public schools in said city. To that end they are authorized to adopt such rules and regulations incident to same as they may deem necessary. They shall fix the term of each school in the system according to its circumstances and conditions, but no term shall be for less time than provided by the public school laws of the State. They shall prescribe the curriculum, select the text-books, employ the teachers and principals, and all other necessary help in said schools. They shall have the right to suspend or remove teachers at their discretion, and their action shall be conclusive. They shall fix the compensation of the principals and teachers and other help, and pay the same. They shall have the authority to exclude from said schools any child that has been exposed to any infectious epidemic or contagious disease. Powers of Board. SEC. 6. Be it further enacted, That said board shall keep proper books showing their actings and doings, and shall render an itemized statement of receipts and expenditures annually to the mayor and council of said city at their regular meeting next preceding the first Monday in April, and at such other times as the mayor and council may require. Books of account by Board. SEC. 7. Be it further enacted, That on or before the first Monday in April each year said board of trustees shall submit to the mayor and council an estimate of the funds necessary to the operation of said schools for the next scholastic year, taking into consideration the State and county fund. Whereupon it shall be the duty of said Mayor and council to proceed to raise such fund by the assessment and levy of an annual ad valorem tax upon the taxable property of said city not to exceed three-tenths of one per cent. upon the assessed value therof, and from funds that may be in said city treasury not otherwise appropriated. The treasurer of said city shall pay over to the treasurer of said board of trustees all funds so raised or appropriated, who shall pay out the same only upon the order of said board of trustees. School tax SEC. 8. Be it further enacted, That said board shall expend said fund for the purposes intended, and enter into contracts upon the faith thereof, to purchase material, supplies, furniture, contract for work, and do all matters not inconsistent with the general scope of this Act. Contracts by Board.

Page 517

SEC. 9. Be it further enacted, That the authorities of the county of Walton shall not establish or maintain any other school within said city, but the proper authority shall pay to said board of trustees the pro rata share of the State and county school fund to which said city is entitled according to the number of children of school age residing in said city increased by the number of children of school age residing out of, but who attend school in said city, and such other allowance as may be made to said system. The amount to be paid at such times as the teachers of the county are paid, and when so paid shall be expended by said board for the support and maintenance of the public schools in said city. Distributive share of county school fund. SEC. 10. Be it further enacted, That it shall be lawful for the county school commissioner of Walton county to contract with said board to teach pupils of school age who may enter said schools and who reside outside said city, but in said county, and to pay the same out of their portion of the county school fund of the State awarded to said county of Walton as teachers in the common schools of the county are paid. Non-resident pupils. SEC. 11. Be it further enacted, That the principal of the white division of the academy shall be the superintendent of the public schools in said city. Superintendent. SEC. 12. The board of trustees may require such incidental fees or tuition as may not be in conflict with the laws of the State. Children of non-residents may be admitted in said school upon such terms as said board may prescribe, as may also persons above the school age. Said board is authorized to make exceptions or allowances as to those who from poverty may be unable to pay sum required. Fees and tuition. SEC. 13. Be it further enacted, That said board of trustees and their successors in office of Social Circle Academy, under which name and style they are hereby incorporated for the purposes herein set out, with all the rights, privileges and immunities and made subject to all the restrictions and liabilities fixed by law. Liabilities of Board. SEC. 14. Be it further enacted, That before the foregoing provisions of the Act become operative its adoption shall be submitted to the qualified voters of said city, for which purpose the mayor and council are hereby authorized, after the passage of this Act, to order an election to be held in said city at the usual voting place at such time as said mayor and council shall by ordinance name, for the purpose of determining whether this Act shall become operative and effective. All persons who favor the adoption of the provisions of this Act shall have printed or written on their ballots the words, For public schools, and

Page 518

those opposed shall have written or printed on their ballots, Against public schools, and in case two-thirds of the qualified voters of said city shall vote in said election for public schools the said system of public schools shall be established and maintained as in the Act provided. Notice of said election shall be given in a newspaper published in said city once a week for four weeks preceding said election. The returns of the election shall be made and result declared as in other elections in said city, and held under the same rules and regulations as other city elections. In case two-thirds of said voters do not vote for public schools, then an election may be held by order of said mayor and council annually hereunder until the provisions of this Act are adopted by a necessary two-thirds vote for public schools. Ratification of this Act. 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 22, 1905. STATHAM, PUBLIC SCHOOL SYSTEM FOR. No. 505. An Act to establish a system of public free schools in the town of Statham, Ga., and to provide for the maintenance and support of the same; to provide for the issuance of bonds of said town of Statham for the purpose of building a schoolhouse and equipping the same, and to authorize the mayor and council of said town to provide for the payment of the principal and interest of said bonds by levying a tax therefor, and to provide an election to ratify the provisions of this Act. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in the town of Statham, in this State, a system of public free schools to be established, conducted, maintained, supported and provided for in the manner prescribed in this Act. Statham, public and free schools. SEC. 2. Be it further enacted, That an election shall be held in said town of Statham in conformity with provision of article 8, section 4, paragraph 1, of the Constitution of the State of Georgia on the question of local taxation for the support of said system of free schools, at such date as the mayor and council of

Page 519

Statham may select after the passage of this Act, and after notice shall have been given by said mayor and council for a space of thirty days next preceding the date of the election, in the newspaper in which sheriff's advertisements of the county of Jackson are published, and all persons who are qualified to vote for members of the General Assembly of the State of Georgia, and who have resided thirty days next preceding the election within the corporate limits of the town of Statham, and who have conformed to the requirements of said mayor and council in municipal elections, shall be entitled to vote in the election herein provided for. All voters who favor such local taxation for free schools shall have written or printed on their ballots, For free schools; those who oppose shall have written or printed on their ballots, Against free schools, and in case two-thirds of the votes cast at said election shall be for free schools, then it shall be the duty of the mayor and council of Statham to annually raise by taxation a sum sufficient to carry out the purposes of this Act; said sum, however, shall not exceed three-fourths of one per cent. of all the taxable property, ad valorem taxes, of said town of Statham. Election For free schools. SEC. 3. Be it further enacted, That in case two-thirds of the qualified voters of the said election shall vote for free schools, the mayor and council of the town of Statham shall have the authority to establish public and free schools in said town. Said mayor and council and their successors in office shall be the legal trustees of said school, shall be a body corporate, with the right to take and hold to it and its successors in trust for the town of Statham any grant or devise of land, donation or bequest of money or other personal property, namely, to wit, for educational purposes, with the right to sue and the liability of being sued. Trustees. SEC. 4. Be it further enacted, That said trustees, the mayor and council of the town of Statham, shall from time to time elect a superintendent and teachers for the public school of Statham, and shall adopt such rules and regulations as may be necessary for the successful conduct of said school, shall have a general oversight and management of said school, and shall do such other acts not inconsistent with the laws of this State as may promote the efficiency of the system of education under their charge. Powers of trustees. SEC. 5. Be it further enacted, That the mayor of said town shall be president of said board of trustees, and the clerk of said council shall be ex officio clerk and treasurer of said board of trustees. President and clerk of Board. SEC. 6. Be it further enacted, That said trustees, or mayor and

Page 520

council, shall establish such grammar schools and high schools as in their judgment may be necessary for the education of the children of the town of Statham. These schools shall be free to all children of school age residing within the corporate limits of the town of Statham. Children of non-residents may likewise be admitted to said schools upon such terms as may be prescribed by said mayor and council. Resident and non-resident pupils. SEC. 7. Be it further enacted, That the State School Commissioner is hereby authorized to pay over to the chairman of the board of public schools therein, under such rules and regulations as the board may prescribe, a just and full proportion of the common school funds arising from any and all sources belonging to or due said town of Statham, to be by said board of public school trustees expended in the establishment and maintenance of said public schools in said town of Statham, as may be authorized by the Constitution and laws of this State. Distributive share of State school fund. SEC. 8. Be it further enacted, That the mayor and council of the town of Statham shall have power and authority to issue bonds of said town for the sum of eight thousand dollars, to become due and payable at such time or times not exceeding thirty years from date of issue thereof, as said mayor and council shall determine, and bear interest not to exceed six per cent. per annum, said bonds to be issued, sold and hypothecated by the said mayor and council of the town of Statham for the purpose of purchasing, building and equipping public school buildings in said town of Statham. School bonds. SEC. 9. Be it further enacted by authority aforesaid, That the mayor and council of said town of Statham are hereby authorized and empowered to levy and issue and collect annually sufficient taxes upon and from the taxable property in said town, real and personal, to pay the principal and interest of said bonds as they shall become due, and also sufficient amount for a sinking fund to pay off all of the remainder of said bonds at the expiration of the time when the last shall become due. These taxes shall be separately levied, assessed and collected for the specific purposes herein designated, and shall not be used or applied to any other purpose whatever. Said mayor and council are hereby authorized and empowered to issue interest coupons payable annually for the interest on said bonds. Tax to pay bonds. SEC. 10. Be it further enacted by authority aforesaid, That said bonds shall be signed by the mayor and clerk of the council of said town, and negotiated, sold and hypothecated in such manner and in such sums and at such times as the mayor and council

Page 521

shall determine for the best interest of said town and a speedy execution of the objects of this Act, and the money arising from the sale of said bonds shall be used by said mayor and council in building, purchasing and equipping suitable school buildings in said town, under such terms and in such locality as may be properly selected and procured for said purpose. Sale of bonds and disposition of proceeds. SEC. 11. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect and become operative until the question of issuing said bonds shall have been submitted to a vote of the qualified voters of said town, under the rules and regulations adopted by the mayor and council of said town, and approved by a two-thirds vote of the persons qualified to vote at an election held for that purpose in accordance with the Constitution and laws of this State, which election shall be held under an order of the mayor and council of said town, and notice of said election to the qualified voters of said town by said mayor and council shall be given for a space of thirty days next preceding said election in the newspaper in which the sheriff's advertisements of the county of Jackson are published, notifying the qualified voters of said town, and that on the day named an election will be held to determine the question whether said bonds shall be issued by said municipality, said notice to specify the amounts of bonds to be issued, for what purpose, what interest they are to bear, how much principal and interest to be paid annually, and when to be fully paid off, as provided in section 377 of the Code of 1895. All qualified voters desiring to vote for said bonds at said election shall have written or printed on their ballots, For bonds, and those desiring to vote against the issuance of said bonds by said town shall have written or printed on their ballots, Against bonds. If two-thirds of the qualified voters of said town vote for bonds in accordance with the terms of this Act, it shall be the duty of the mayor and council of said town to issue and dispose of said bonds in accordance with the various sections of this Act in relation thereto, but should two-thirds of the qualified voters of said town fail to vote for such bonds at said election, the effect shall be only to suspend the various sections of this Act in relation thereto. Ratification of this Act. SEC. 12. Be it further enacted by authority aforesaid, That if at said election held under section 2 of this Act the question voted on shall be decided against issuing said bonds, it shall be the duty of the mayor and council of said town, upon the written application of twenty-five qualified voters of said town, to order another election, which shall be held as required by this Act. Other elections.

Page 522

SEC. 13. Be it further enacted by the authority aforesaid, That any election held under this Act shall be governed by the same rules and regulations as the election for mayor and council of the town of Statham. Elections, how held. SEC. 14. 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 22, 1905. STONE MOUNTAIN, PUBLIC SCHOOL SYSTEM FOR. No. 236. An Act to authorize the establishment of a system of public schools in the town of Stone Mountain; to provide for acquiring property and buildings and raising revenues to maintain said schools, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, the corporate authorities of said town having so recommended, That the mayor and council of the town of Stone Mountain, Georgia, are hereby authorized to levy and collect a tax, annually, in addition to that now allowed by law, not to exceed onehalf of one per cent. on the taxable property of said town as shown by the regular digest of property prepared for purpose of town taxation, for the purpose of establishing and maintaining a system of public schools for said town, said fund not to be used for any other purpose. Stone Mountain publie schools. SEC. 2. Be it further enacted by the authority aforesaid, That before this Act shall become operative its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and council shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said town, which election shall be held under the same rules and regulations as elections of mayor and councilmen of said town, and the qualification of voters shall be the same. At said election those in favor of public schools shall have printed or written on their ballots the words, For public schools, and those opposed to public schools shall have written or printed on their ballots the words, Against public schools, and if two-thirds of the ballots cast in said election be For public schools, this Act shall become

Page 523

operative. Should the result of the election herein provided for be Against public schools, the mayor and council shall order other elections once every twelve months until public schools are adopted. Ratification of this Act. SEC. 3. Be it further enacted by authority aforesaid, That at the same time this bill is submitted to the qualified voters of said town, as is stated in section 2 of this Act, there shall also be elected five trustees, which shall hereafter be known as the Board of Trustees, and shall be elected by the qualified voters of said town under the same rules and regulations and at the same time of the election of the mayor and council of the town of Stone Mountain, now of force. The term of members of said board shall be for two years; provided, that at the first meeting and before organization of said board, and under supervision of mayor and council of the town of Stone Mountain, the trustees elected shall draw for terms, to wit: two for two short terms to expire on the thirty-first day of December after the first election and three for full terms to expire on the thirty-first day of December, 190, and as these expire their successors shall be elected for the term of two years, which shall begin on January next succeeding their election. After the first special election provided for hereunder said trustees shall be elected at the same time and under the same rules and regulations as the mayor and council. Election of trustees. SEC. 4. Be it further enacted, That said board shall organize by electing a president and vice-president from their own number. The superintendent of schools, who shall be elected by said board, shall act as secretary for said board, and the treasurer of the town council shall act as treasurer for said board, but shall receive no extra compensation therefor. No member of the board shall receive compensation for his services. Officers of Board of trustees. SEC. 5. Be it further enacted, That said board of education shall have power to design and adopt a system of public schools for said town; to appoint a superintendent and employ teachers for same, to suspend or remove such teachers and superintendent, to fix their compensation, to provide schoolhouses by rent, building, purchase or otherwise; to make and hold titles to such property, and to make such rules and regulations for the government of themselves and said schools as they may deem proper and not in conflict with the laws of this State, and to do any and all things promotive of the best educational interests of said town, not in conflict with the provisions of this Act or the laws of this State. Powers of Board. SEC. 6. Be it further enacted, That there shall be established

Page 524

and maintained for at least nine scholastic months in each year, under the provisions of this Act, one, and only one, school for white children, and one, and only one, school for colored children. No white child shall be admitted into the school for colored children, and no colored child shall be admitted into the school for white children. All children who are entitled to public school under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said town, shall be admitted to the aforesaid schools upon payment of such incidental fee only as the board of education may deem necessary. Children of non-residents, and such others as may not be entitled to the 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; separate schools for white and colored. Resident and non-resident pupils. SEC. 7. Be it further enacted, That it shall be the duty of said board of trustees to have prepared and furnished the State School Commissioner each year a list or census of all pupils residing in said town entitled to the State school fund, and said State School Commissioner shall pay over to the said board of trustees such proportion of said educational fund as said pupils are entitled to under the rules of distribution. Census of children. SEC. 8. Be it further enacted, That as early as practicable after the ratification of this Act, and by the 10th of January of each succeeding year, the board of education shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the ensuing year, and shall lay the same before the mayor and council of said town, and said mayor and council shall be required to levy and collect the same; provided, said amount does not exceed one-half of one per cent. of the taxable property of said town, in the same manner that other taxes of said town are levied, and collect and without additional expense therefor. Said tax, when collected, shall be turned over to the treasurer of the town council and together with the amount received from the public school fund, such incidental and tuition fees as may be collected, and any other fund that may be placed in his hands for that purpose, shall constitute a fund to be expended only by order of the board of education in defraying the expenses necessary for carrying on said schools. School tax SEC. 9. Be it further enacted, That after the ratification of this Act the board of education of DeKalb county shall not grant any license to or contract with any person to teach a school of any character in said town, nor shall any of the State school fund be paid to any school in said town other than herein provided

Page 525

for; and it shall not be lawful for the said county board of education to establish or maintain any school or schools within two miles of the corporate boundaries of said town without the written contract of the board of education of said town. Other schools. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Stone Mountain shall have power and authority to issue bonds of said town not to exceed in amount the sum of five thousand dollars ($5,000.00), or as much thereof as may be necessary. Said bonds may be issued of such denominations, and with such rate of interest, not exceeding seven per cent. per annum, as said mayor and council may determine upon. They shall run for a term not exceeding twenty years, and said mayor and council may provide for the maturing of said bonds at any time during twenty years. Said bonds when issued shall be sold and their proceeds turned over to the board of education of Stone Mountain, to be used by said board for the purpose of purchasing or erecting public school buildings in said town, and properly furnishing same, and for this purpose only. Bonds for school buildings. SEC. 11. Be it further enacted, That before said bonds shall be issued it shall be so recommended by the board of education of said town, and the question of their issuance shall be submitted to the legally qualified voters of said town. For this purpose the mayor and council, upon recommendation of the board of education, shall order an election, of which at least thirty (30) days' notice shall be given by publication of such notice in whatever paper may be the official organ of DeKalb county. Said election shall be governed by the same rules and regulations as regular elections for mayor and councilmen, and the qualification of voters shall be the same. Each voter shall have printed or written on his ballot the words, For bonds, or Against bonds, and if two-thirds of the qualified voters of said town voting at said election shall vote for bonds it shall be the duty of the mayor and council to issue them at once. Election For bonds. SEC. 12. Be it further enacted, That at or before the time of issuing any of the said bonds the mayor and council of said town shall provide for the levy and collection of an annual tax, if necessary, in addition to all other taxes now authorized by law, and of sufficient amount to pay promptly the principal and interest of said debt when same shall become due, nor shall any part of the funds so raised be used for any other purpose. Tax to pay bonds. SEC. 13. Be it further enacted, That in case any school property acquired by said town under any provision of this Act, or otherwise, be sold, the funds derived from such sale shall be reinvested

Page 526

in other property to be used for school purposes or applied to the liquidation of said bonds. Sales of school property. 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 22, 1905. SWAINSBORO, PUBLIC SCHOOLS FOR. No. 495. An Act to amend an Act approved December 6, 1900, entitled an Act to incorporate the city of Swainsboro, in the county of Emanuel; to provide for mayor and council, the establishment of public schools therein, and for other purposes, so as to change the requirements in said Act as to the number of votes necessary for the establishment of public schools in said city from two-thirds of the qualified voters in said city to two-thirds of the votes cast; to change the limit of the rate of taxation for school purposes from one-fourth of one per cent to one-half of one per cent.; to provide for the selection of a board of education in said city and a superintendent therein for said public schools, to define their powers and duties; to provide the manner of raising funds to support said schools, and of disbursing the same; to provide for the payment of the city's share of the common school funds by the county school commissioner of Emanuel 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, section 27 of the above recited and entitled Act be, and the same is, hereby amended by striking from lines 14 and 15 thereof the words, qualified to vote, and inserting therein in lieu of the words so stricken the following words, those voting, and that said section 27 be, and the same is, hereby further amended by striking therefrom the words, one fourth, in line 21, and inserting in lieu of the words so stricken the following words, one half, so that said section 27 of said Act, when so amended, shall read as follows: Section 27. Be it further enacted, That the city council of said city be, and they are, hereby authorized to establish a system of public or common schools within said city, upon first complying

Page 527

with the following regulations, to wit: Before any public or common school shall be established in said city, to be maintained at the expense of said city, the mayor, upon two-thirds vote of the council, shall advertise an election in the gazette in which the sheriff's advertisements are printed, once a week for four weeks, to be held at the court house in said city, at which all persons qualified to vote for city council of said city shall be qualified to vote, said election to be conducted in all particulars as now provided by law for said elections in said city. It shall be the duty of said electors at said election to indorse on his ballot, Public schools, or No public schools, and if two-thirds of all those voting at said election shall be found to have voted in favor of public schools, then, and in that event, but not otherwise, it shall be lawful for said city council to establish one or more public schools for each of the two races within said city, to be maintained in whole or part at the expense of said city by local taxation; provided, that no local tax levied and collected for said purpose shall ever, in one year, exceed one-half of one per cent. on the taxable property of said city. Swainsboro; public schools. Section 27a. Be it further enacted by the authority aforesaid, That when the city council of said city shall have established a system of public schools in said city, as hereinbefore provided, there shall be a board of education for said city, composed of five members, and a superintendent of public schools for said city. Said board of education shall select one of its members as president, and shall also select a secretary and superintendent and fix the compensation of the latter two officers, in its discretion. No other member of said board shall receive any compensation for their services. Said board may select any other officers it may deem necessary, and the duties of secretary and treasurer may be performed by one and the same person. Said board of education shall be elected by the qualified voters of said city at an election held for that purpose, under the same rules and regulations as the election for the establishment of public schools in said city, and at the same time and place, and after the same advertisement. The first election of said board shall be held within six months after the passage of this Act, and at said election 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, and their successors shall be elected for five years and shall serve until their successors are elected. The above provision as to election of the board shall apply only to the first election, and after the first election, all elections to fill vacancies caused by resignation, expiration,

Page 528

death, or otherwise, shall be made by the members of the board of education of said city, and any member shall be eligible to reelection. No member of said board shall be eligible to selection to the office of superintendent of public schools in said city. Said board shall have complete control and management of the schools established hereunder, and shall make such rules and regulations for the government of itself and its officers, as it deems proper, not in conflict with law; and it shall have the right to employ and discharge teachers and fix their salaries, requiring such qualifications as they deem proper; they shall also prescribe the duties of the several officers and provide for the enforcement of said duties. Said board shall have the power to fix the rate of tuition to be paid in said schools, as well as the entrance and incidental fees, and to provide when and how the same shall be paid. Said board shall each year, by the first of February, make up and submit to the mayor and council of the city of Swainsboro a statement of the amount of money necessary for the support and maintenance of said schools, and said mayor and council shall levy and collect said amount called for by said statement by local taxation, levied and collected on all manner of property in said city of Swainsboro that is or may be subject to taxation, and said sum, when so collected, shall be held and kept by the city treasurer separate and distinct from all other funds of said city, and shall be paid out for school purposes only, and that only upon proper vouchers signed by the secretary of said board and countersigned by the president of said board, and said mayor and council shall collect said amount called for by said statement, and have it ready to be paid out as above by September 1st of each year. Board of education, officers of Board. Election of Board. Powers of Board. School tax Section 27b. Be it further enacted by the authority aforesaid, That when said schools shall be established hereunder, it shall be the duty of the county school commissioner of Emanuel county, and he is hereby required, to pay over to the city treasurer of Swainsboro the portion of the public school funds of said county to which the schools established hereunder by said city may be entitled under the rules of distribution of the public school fund, and the amount so paid by the county school commissioner to the treasurer of said city shall be by him held and kept with the other school funds of said city, and be paid out only as above provided, on proper vouchers signed by the secretary of said board of education and countersigned by its president. Distributive share of county school fund. Section 27c. Be it further enacted by the authority aforesaid, That said board of education shall, once each year, make and

Page 529

publish a report showing the amount of receipt and disbursements for school purposes, and the general condition and progress of said schools. Reports of Board. SEC. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 23, 1905. UNION GRADE SCHOOL DISTRICT, SCHOOL TAX. No. 234. An Act to provide for the levying and collecting of a school tax in Union Grade School District, in Henry county, Georgia; to provide for an election in said district to determine the same; to confer authority upon the trustees for calling the election, fixing the amount of tax to be levied, and other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, First. That the trustees of Union Graded School District, in Henry county, Georgia, and their successors, as provided by the board of education of Henry county, Georgia, shall have power to assess and levy a special tax (known as the school tax) in said school district as laid out and defined by the board of education of Henry county, Georgia, on November 14, 1904. Union graded school district. Special tax. Second. That the said trustees, W. A. Craig, M. A. Norman and M. V. Sowell, and their successors, shall on the first day of September of each year, or within ten days thereafter, meet and levy a tax of not less than 2-10 of 1 per cent. nor more than 1 per cent. on all the property within said Union Graded School District, both real and personal, and the said amount of levy shall be handed or conveyed to the tax-collector of said county for the following year, and it shall be the duty of said tax-collector to collect annually said levy, at the same time and in the same manner as State and county taxes are collected, the same compensation as is legally allowed tax-collectors of this State, it shall be his duty to pay over to the trustees of said Union Graded School District the amount of said levy, less his commission, and further, that said collector is hereby empowered to issue fi. fas. for all delinquents in said school tax, in the same manner as is provided for the forcible collections of State and county taxes. Tax, how levied and collected.

Page 530

Third. That the trustees shall use said money for school purposes only, providing separate schools for the white and colored children of said school district. Disbursements by trustees. Fourth. And be it further enacted by the General Assembly of Georgia, That it shall be the duty of the trustees of said Union Graded School District, to call an election in said district within thirty days after the passage of this Act, at which election all qualified to vote for members of the General Assembly of Georgia, shall be entitled to vote, and those favoring this measure shall have on their ballots for school tax, and all who shall oppose it shall have on their ballots against school tax, and a constitutional majority voting for this bill shall become a law, and become immediately operative. Ratification of this Act. Fifth. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause Approved August 21, 1905. UNION SCHOOL DISTRICT INCORPORATED. No. 339. An Act to incorporate the school district in Worth county and define the boundaries of the same; to establish a board of education therein, and to confer on said board certain powers to regulate the management and control of schools in said district, and to provide revenue for the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act there shall be established a corporate school district in the county of Worth to be known as the Union school district, which district shall take in all that territory beginning at that point where Lala creek crosses the Colquitt county line running thence north up Lala creek to lot 74, thence east along the south line of 74 to the southwest corner of 73, thence north far enough to take in the lands of J. B. Roberts on 73, thence south to the corner of 67, thence east to the northeast corner of 68, thence south around the lands of John Stewart on 69, thence west to the corner of 25, thence due south to the lands of J. J. Laricy, thence around said lands back to the line of 25, thence due south to the Colquitt county line, thence along the Colquitt county line to Lala creek, the starting

Page 531

point, which includes lots 20, 21, 22, 25, 26, 27, part of lot 28, part of 65, all of 66, 67, 68, part of 69, part of 73. Union school district incorporated. Corporate limits of district. SEC. 2. Be it further enacted, That the management and control of all schools in said district shall be vested in a board known as a board of education composed of, and which board by that name and style, shall have succession as hereinafter provided for, 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 every kind and character. Board of education. SEC. 3. Be it further enacted, That M. Paulk, J. D. Little, W. L. Bzema, W. R. Johnson and D. J. Perry are hereby constited a board of trustees to carry into effect the provision of this Act, and that the terms of office of said board of trustees shall be as follows: Full board for one year, at expiration of one year, elect three new ones one year, then two new ones. Said board of trustees shall take charge of all school buildings or other property within said school district and shall be and are hereby entrusted with the organization of the school to be taught therein. They shall have authority to employ teachers for said school, fix their salaries, fix the tuition to be paid by each pupil, make the rules for the government of said schools and to do and to perform all other acts and things necessary or proper for the purpose of carrying on the subjects of this Act. Trustees, appointment and election; powers of Board. SEC. 4. Be it further enacted, That the board of education shall immediately after this Act goes into operation, organize by electing a president, a vice-president, secretary and treasurer from their own number; the treasurer and secretary shall each give a good and sufficient bond. Officers of Board. SEC. 5. Be it further enacted, That said board of education shall have 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 by rent, building, purchase or otherwise, to make and hold title to such property, to make such rules and regulations for the government of themselves and such schools as they deem proper, not in conflict with the laws of the State, and to do any and all things promotive of the above educational interest of said district, not in conflict with the provisions of this Act or the laws of the State. Powers of Board. SEC. 6. Be it further enacted, That there shall be a school for not less than seven or more than ten scholastic months in each year, the length of the term to be in discretion of the board. Scholastic year.

Page 532

SEC. 7. Be it further enacted, That after the ratification of this Act it shall be the duty of the county school commissioner of Worth county, and he is hereby required to pay over to the treasury of said board of education under such rules as the said board may prescribe, not in conflict with rules and regulations of the board of education, the portion of public school funds of said county to which the school is established under this Act, for said district may be enlisted under the rules of distribution of the public school fund. Distributive share of county school fund. SEC. 8. Be it further enacted, That immediately after the ratification of this Act, and by the first Wednesday in January of each succeeding year, the board of education shall determine what amount of money it shall be necessary to raise by taxation to defray the expenses of said school for the scholastic year, and said board shall, through their secretary, be required to levy and collect the same, and said secretary shall be the tax-collector and exercise all the powers as a tax-collector or in the collection of said taxes; provided that the said amount does not exceed one-half of one per cent. of the taxable property of said district. Said tax shall be collected annually if necessary to defray expenses of said school; that is, by the first day of November of each year; and when collected, shall be turned over to the board of education, and, together with the amount of service from the public school fund, the admission and tuition fees which may be collected, and any other funds that may be placed in their hands for that purpose, shall constitute a school fund to be expended in defraying the expenses necessary for the maintenance of said schools, and shall be paid out only on order of the board of education. Said board shall put said schools in operation, beginning with January, 1906. Should the result of the election herein provided for be against the establishment of public schools, the board of education of said district may order another electionone every year thereafter until public schools are adopted. School tax. Other elections. SEC. 9. Be it further enacted, That the board of education shall annually make a report to the public, in writing, of the condition of said school, and ofttimes if they deem necessary; and they shall accompany their reports with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports of Roard. SEC. 10. Be it further enacted, That the tax shall be levied and collected on the tax returns made for State and county purposes for the year preceding said tax levy. Tax, how levied and collected.

Page 533

SEC. 11. 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 22, 1905. WACO SCHOOL DISTRICT INCORPORATED. No. 138. An Act to incorporate the Waco school district, in Haralson county, and define the boundaries of the same; to establish a board of education therein, and to confer on said board certain powers; to regulate the management and control of schools in said district, and to provide revenue for the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, there shall be established a corporate school district in and about the town of Waco, in the county of Haralson, to be known as the Waco school district, which district shall at all times be coextensive with the 1426 G. M. district. Waco 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 known as the board of education, composed of seven persons, and which board, by that name and style, shall have perpetual succession, have and use a common seal, have a right to sue and to 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 E. F. Garrett, J. D. Smith, T. C. Rabun, J. L. Upchurch, W. W. Heaton, J. S. Jiler and L. P. McBurnett are hereby constituted and appointed a board of trustees to carry into effect the provisions of this Act; and that the terms of office of said board of trustees shall be perpetual; and they shall have power to fill all vacancies on said board by appointment or otherwise; and said board may prescribe such rules for their own government as they may think proper. Said board of trustees shall take charge of all school buildings, or other property within said school district, and shall be, and are, hereby entrusted with the organization of the schools to be taught therein.

Page 534

They shall have authority to employ teachers for said schools, fix their salaries, fix the tuition to be paid by each pupil, make the 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 object of this Act. Members of Board; terms of office and powers 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. The treasurer and secretary shall each give a good and sufficient bond. Officers of Board. SEC. 5. Be it further enacted, That said board of education shall have power to adopt a system of public schools in said district, to elect a superintendent and prescribe his duties, and remove him for cause, in their discretion; to employ, suspend or remove teachers and fix their compensation by salary or otherwise; to provide schoolhouses, and by rent, building, purchase or otherwise, to make and hold title to such property; to make such rules and regulations for the government of themselves and such schools as they deem proper, not in conflict with the laws of the State; and to do any and all things promotive of the above educational interests of said district, not in conflict with the provisions of this Act or the laws of this State. 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. Scholastic year. SEC. 7. Be it further enacted, That after the ratification of this Act, it shall be the duty of the county school commissioner of Haralson county, and he is hereby required, to pay over to the treasurer of said board of education, under such rules as the said board may prescribe, not in conflict with the rules and regulations of the county board of education, the portion of public school fund of said county to which the schools established under this Act for said district may be entitled under the rules of distribution of the public school fund. Distributive share of county school fund. SEC. 8. Be it further enacted, That immediately after the ratification of this Act, and by the first Wednesday in January of each succeeding year, the board of education shall determine what amount of money it shall be necessary to raise by taxation to defray the expenses of said schools for the scholastic year, and said board shall, through their secretary, be required to levy and collect the same, and said secretary shall be the tax-collector, and exercise all the powers as a tax-collector, or in the collection of said taxes;

Page 535

provided that the said amount does not exceed one-half of one per cent. of the taxable property of said district. Said tax shall be collected annually; that is, by the first day of November of each year, and when collected shall be turned over to the board of education, and, together with the amount received from the public school fund, the admission and tuition fees which may be collected and any other funds that may be placed in their hands for that purpose, shall constitute a school fund, to be extended 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; tax-collector; school fund. SEC. 9. Be it further enacted, That the board of education of Haralson county shall not establish any other school or contract with any other person to teach a school of any character in said district, nor shall any of the State school funds be paid to any other school in said district than the schools herein provided for. Other schools. SEC. 10. Be it further enacted, That in case any school property acquired by the said board of education under any provision of this Act, or otherwise, be sold, the fund derived from such sale shall be reinvested in other property to be used for school purposes. Sales of school property. SEC. 11. Be it further enacted, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters of said district, for which purpose the persons hereinbefore named shall, within six months after its passage, order an election, for which ten days' notice shall be given by posting in five conspicuous places in said district, in which notice the time, place and purpose of said election shall be stated, and which election shall be held under the same rules and regulations as the election of the mayor of the town of Waco. The legally qualified voters only of such school district shall be allowed to vote in said election, and the registration lists last prepared by the registrars, before any such election, shall constitute the highest evidence of 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 public schools shall have printed or written on their ballots Against the establishment of public schools; and if two-thirds of the qualified voters in said district voting in said election shall vote for the establishment of public schools, this Act shall become immediately operative, and said board shall put said schools in operation, beginning

Page 536

with January, 1906. Should the result of the election herein provided for be against the establishment of public schools, the board of education of said district may order another election once every year thereafter until public schools are adopted. Ratification of this Act. SEC. 12. Be it further enacted, That the board of education shall annually make a report to the public, in writing, of the condition of said schools, and oftener if they deem it necessary; and they shall accompany their reports with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports of board. SEC. 13. Be it further enacted, That the board of education shall meet on the first Monday in July of each year, and at said meetings shall levy the tax on the tax returns made for State and county purposes for the year in which said meetings are held, in which tax shall be collected according to said levies. Tax, when levied. 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 19, 1905. WARESBORO SCHOOL DISTRICT, LIMITS OF. No. 426. An Act to amend an Act entitled an Act to amend sections 2 and 9 of an Act incorporating the Waresboro school district, in Ware county, approved August 15th, 1904, by adding after the figures 177, and before the word all, in the tenth (10) and nineteenth (19) lines, respectively, of section two (2) of said amendment to said Act, the figures 57, 58, 80 and 104. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act approved August 15th, 1904, amending sections 2 and 9 of an Act incorporating the Waresboro school district in Ware county, Georgia, be, and the same is, hereby amended as follows, to wit: Waresboro school district, corporate limits. (1) By inserting after the figures 177 and before the word

Page 537

and, in the fourteenth line of the title of said Act, the figures 57, 58, 80 and 104. (2) By inserting after the figures 177, and before the word all, in the tenth and nineteenth lines, respectively, of section two (2) of said Act, the figures 57, 58, 80 and 104. 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 19, 1905. WHITESBURG SCHOOL DISTRICT INCORPORATED. No. 510. An Act to incorporate the Whitesburg school district, in the county of Carroll, embracing the town of Whitesburg and certain contiguous territory, and define its boundary; to create a board of school commissioners for said district and define their powers and duties, and to provide for the levy and collection of a tax in said district for educational purposes in instructing children in the elementary branches of an English education, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the Whitesburg school district in the county of Carroll be, and the same is, hereby incorporated under the name and style of the Whitesburg school district, embracing the town of Whitesburg and the territory hereinafter defined, and having the powers in this Act specified. Whitesburg school district incorporated SEC. 2. Be it further enacted, That the corporate limits of said school district shall be as follows: Commencing at the mouth of Snake creek, where it empties into the Chattahoochee river, and follow said creek to where it crosses the east line of lot of land No. 167 in the third district of said county; thence north along the east line of said lot to the northeast corner thereof; thence west along the north line of said lots of land Nos. 167, 175 and 208 to where Snake creek crosses said line of lot No. 208; thence along the said creek through the corner of lot No. 207 to the east line of lot No. 221; thence south along said east line to the northeast corner of lot No. 220; thence west along the north line of lot No. 220 in said third district, and along the north line of

Page 538

lot of land No. 16 in the fourth district of said county, and along the north line of lot of land No. 15 in said fourth district, to where the east line of J. V. Barron's land intersects the same; thence north along the east line of said Barron's land to the north-east corner thereof; thence west along his west line to the north-west corner thereof; thence south along the west line of his land to where it intersects the north line of said lot No. 15; thence west along the north line of said lot No. 15 and lots of land Nos. 14 and 15 in said fourth district; thence south along the west lines of lots of land Nos. 13, 20, 45, 52 and 77 in said fourth district to the southwest corner of said lot No. 77; thence east along the south lines of lots of land Nos. 77 and 78 in said fourth district to the southeast corner of said lot No. 78; thence south along the west line of lot of land No. 82 in said fourth district to the southwest corner thereof; thence east along the south line of said lot of land No. 82 to the southeast corner thereof; thence south along the west line of lot of land No. 112 in said fourth district to the southwest corner thereof; thence east along the south line of said lot of land 112 and along the south line of lot of land No. 214 in the third district of said county to the Chattahoochee river; thence up said river to the starting point; so that said school district shall include the town of Whitesburg and all other territory embraced in the territory embraced in the boundary line above described. Corporate limits. SEC. 3. Be it enacted, That the corporate powers of said school district shall be vested in a board of school commissioners, consisting of nine members, who shall hold their office until their successors are elected and qualified. They shall have power to take and hold real and personal property which they may acquire by purchase, donating or otherwise, in trust for said school district for school purposes, and shall have perpetual succession and the right to sue and the liability of being sued in their corporate name. Board of School Commissioners. SEC. 4. Be it further enacted, That W. F. Stevens, C. A. Duncan, E. A. Richardson, W. A. Pate, J. H. Lipscomb, O. S. Ansley, W. Parks, W. F. Edgeworth and C. O. Jones shall constitute the first board of school commissioners for said school district. They shall elect from their own number a chairman and treasurer, who shall hold such positions during their term of office, unless otherwise determined by the board. The treasurer shall give bond and good security, payable to the board, conditioned for the safe-keeping and the proper disbursement of the funds of said board coming into his possession. He shall not

Page 539

pay out any money except by order of the board. Said board of school commissioners shall also elect from the qualified voters of said school district some suitable and competent person for clerk of the board, who shall also be ex offico tax-receiver and tax-collector for said school district, and he shall perform such other duties as may be prescribed by the board, and shall hold his office for one year and until his successor is elected, unless sooner removed for good cause. He shall give bond and good security, payable to the board, conditioned for the faithful discharge of his duties and accounting to said board for all moneys coming into his hands as such clerk ex officio tax-collector of said school district. He shall receive such compensation for his services as the board may determine. The members of said board shall serve without compensation. Commissioners namedchairman and treasurer. Clerk and tax-receiver and collector. SEC. 5. Be it further enacted, That as soon as practicable after this Act becomes operative, said board of school commissioners shall divide themselves into three classes by ballots or otherwise. The term of office of the first class shall expire on the last Saturday in July, 1906, that of the second class shall expire on the last Saturday in July, 1907, and that of the third class on the last Saturday in July, 1908. On the last Saturday in July, 1906, and annually thereafter on the same day, an election shall be held in the town of Whitesburg, in said school district, for three school commissioners for said school district, to fill the vacancies of those whose term of office expires at that time, which election shall be held as elections for justices of the peace are held by three freeholders of said district; and all persons in said school district who are qualified to vote for members of the General Assembly shall be entitled to vote in such election. If vacancies in said board occur by death, resignation or otherwise, the remaining members shall fill such vacancy by appointment for the remainder of the unexpired term. No person is eligible to the office of school commissioner for said district who is not a resident thereof, and who is not a qualified voter therein. Terms of commissioners. SEC. 6. Be it further enacted, That said board of school commissioners shall have the entire control of the public schools in said school district. They shall employ teachers, fix their compensation, select text-books, prescribe the course of study, determine the length of the scholastic term and the time of beginning and closing of the schools, and adopt rules and regulations for their own government and that of the schools. They may provide for the admission of children to said schools who do not reside in said district or who are not within the ages of six and

Page 540

eighteen years, upon payment of such tuition as they may determine. Said board 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 the payment of such tuition as the board may fix. There shall be one school for white children and one for colored children in said school district, between the ages of six and eighteen years, and the same shall be free to all who are studying the elementary branches of an English education. Powers of Board. SEC. 7. Be it further enacted, That said board of school commissioners shall annually appoint from the citizens of said school district, who are freeholders and qualified voters therein, three tax-assessors, who shall serve as such until their successors are appointed, and if vacancies occur said board shall fill the same. Said tax-assessors shall be sworn to faithfully discharge their duties. Tax-assessors. SEC. 8. Be it further enacted, That it shall be the duty of said tax-assessors, at such time as the board may direct, to inspect and assess a valuation upon all real estate in said school district at its true market value to the best of their judgment, and make out a list thereof, together with the names of the owners, in a book provided by the board for that purpose, and return the same to the clerk of the board. If any one be dissatisfied with the valuation placed upon his property by such tax-assessor, he shall notify the clerk, and such owner shall select one arbitrator and the clerk for the board shall select one, and these two shall select a thirdall of whom must be freeholders and residents of said school districtand they shall inspect the property of such owner and hear such evidence as they may deem relevant, and then assess the value thereof, which assessment shall be final. Tax assessments and arbitrations. SEC. 9. Be it further enacted, That the taxpayers of said school district shall on or by the time fixed by said board in every year make a full and correct return to the clerk of all their personal property of every kind or nature upon blanks to be furnished by said board for that purpose, to which shall be attached an oath embodying the substance of the oath now required by law to be made to tax returns for State and county taxation, and shall be subscribed by the taxpayer before said clerk, who is authorized to administer the same. Tax returns. SEC. 10. Be it further enacted, That as early as practicable after this Act becomes operative, and annually thereafter, at such time as they may fix, said board shall determine the amount of money necessary to be raised by taxation to support and maintain

Page 541

the public schools of said school district for the ensuing scholastic year, and shall accordingly decide upon and fix the rate of taxation to be levied for that purpose; provided that the rate of taxation under this Act shall not exceed one and one-fourth percentum per annum. Rate of taxation. SEC. 11. Be it further enacted, That the clerk of said board shall make up a tax digest for all the real and personal property in said school district subject to taxation under the Constitution and laws of this State, and shall levy and collect taxes thereon at the rate fixed annually by the board, and shall pay the same over to the treasurer of said board, which, together with the money received from the public school fund and from other sources, shall constitute a fund to be expended only by order of the board in defraying the necessary expenses of carrying on said schools. Said taxes shall be a lien upon all the property of the taxpayers superior to all other liens, except that for State and county taxes. Said taxes shall be due and payable on the first day of October in each year; and if not paid by the 20th day of December following the clerk shall issue executions therefor, which may be levied and sales made thereunder in the same manner as under executions for State and county taxes; and the laws of State governing the collection of State and county taxes shall govern the collection of taxes under this Act. Taxes, how levied and collected. SEC. 12. Be it further enacted, That the county school commissioner of Carroll county shall pay over to the treasurer of said board the pro rata share of the public funds to which said school district will be entitled, to be by them expended as herein provided. Said board shall require the teachers of the schools in said district to make out reports of the attendance of children entitled to the benefits of the public school fund in the same manner as teachers of the puplic schools of the county are required to do, from which the pro rata share of the said public school fund of said county going to said school district shall be ascertained. Distributive share of county school fund. SEC. 13. Be it further enacted, That said board of school commissioners shall succeed to all the property rights and all the liabilities of the trustees of Hutcheson Collegiate Institute, in the town of Whitesburg. Hutcheson Collegiate Institute. SEC. 14. Be it further enacted, That before this Act shall become operative the question of its adoption shall be submitted to the qualified voters of said school district. The board of school commissioners of said district shall, as soon as practicable after the passage of this Act, order an election in said district to be held

Page 542

in the town of Whitesburg at the usual place of holding elections, of which thirty days' notice shall be given by posting notices thereof in three public places in said district, which election shall be held by freeholders of said district under the rules and regulations governing elections for members of the General Assembly. The qualified voters of said district only shall be allowed to vote in said election. Those favoring the adoption of this Act shall have written or printed on their ballots For local taxation for public schools, and those opposed to the adoption of this Act shall have written or printed on their ballots Against local taxation for public schools; and if two-thirds of the qualified voters of said school district who vote in said election For local taxation for public schools, this Act shall immediately become operative. Should the result of such election be Against local taxation for public schools, said board may order other elections on the question of the adoption of this Act not oftener than once a year until it is adopted. Ratification of this Act. SEC. 15. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. WOODBURY SCHOOL DISTRICT INCORPORATED. No. 442. An Act to incorporate the Woodbury school district coextensive with the corporate limits of the town of Woodbury as defined in the present charter of said town, or any amendments of said charter, which may be made by the General Assembly of Georgia before the passage of this Act; to establish a system of public schools therein; to provide a board of trustees therefor, and to define their powers and duties; to empower said board of trustees to levy and collect a tax for the maintenance and operation of said public school system; to require the county school commissioner of Meriwether county, Georgia, to pay over to said board of trustees the State school fund which is the pro rata share of said district, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

Page 543

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 Woodbury district be vested in five (5) men, who shall constitute a board of trustees of the Woodbury school district, and by that name and style shall have perpetual succession, a common seal, and shall have power to have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any estate, real or personal, of whateyer 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. Trustees of the Woodbury school district incorporated SEC. 2. Be it further enacted, That the corporate limits of said school district shall be coextensive with the corporate limits of the town of Woodbury, as defined in the present charter of said town, or any extension of said limits which may be made by the General Assembly of Georgia before the passage of this Act. Corporate limits of district. SEC. 3. Be it further enacted, That J. M. Hooten, W. J. Smith, B. T. Buker, G. W. Smith and J. D. Sutton shall be, and are, hereby constituted the board of trustees to carry into effect the provisions of this Act, until the regular election for members of said board, which election shall take place on the last Saturday in January each year, beginning with the year 1906. The term of one of the trustees to be elected shall be for one year from the time of his election, one for two years, one for three years, one for four years, and one for five years. Their successors in office shall serve for a term of five years, each member dating from the time of his election. Vacancies on the board of trustees caused by death, resignation, removal from the school district, or otherwise, shall be filled by an election, which election shall be called by the president of the board of trustees, after giving ten days' notice of said election, which notice shall be posted in three or more public places in said school district. The voters in said election shall be the qualified voters for mayor and councilmen of the said town of Woodbury. Trustees named, election of successors SEC. 4. Be it further enacted, That said board of trustees shall organize by electing a president, a vice-president, a secretary and a treasurer, from their own number, and no member shall receive compensation for his services, except the treasurer, whose compensation for his services shall be fixed by the board of trustees. The treasurer shall give good and sufficient bond. Officers of Board of trustees. SEC. 5. Be it further enacted, That said board of trustees shall have power to design and adopt a system of public schools

Page 544

for said district, to elect a superintendent and employ teachers for the same, to suspend or remove teachers or superintendent, to fix their compensation, to provide schoolhouses by rent, or otherwise, except by purchase, to make and hold titles to such property as may be donated to them and their successors in office, and to make such rules and regulations for the government of themselves and said schools as they may deem proper, and not in conflict with the laws of this State; and to do any and all things promotive of the best educational interests of said 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, That there shall be established and maintained for not less than seven nor more than ten scholastic months in each year, under the provisions of this Act, one, and only one, school for white children, and one, and only one, school for colored children. No white child shall be admitted into the school established for colored children, and no colored child shall be admitted into the school established for white children. All children entitled to the benefits of public schools under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said district shall be admitted into the aforesaid schools upon 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. Separate schools for white and colored. Resident and non-resident pupils. SEC. 7. Be it further enacted, That after the ratification of this Act, it shall be the duty of the county school commissioner of Meriwether county, Ga., and he is hereby required, to pay over to the treasurer of said board of trustees, under such rules as said board may provide, not in conflict with the rules and regulations of the county board of education, the portion of the public school fund of said county to which the schools established under this Act for said district may be entitled, under the rules of distribution under which the county board of education of Meriwether county assigns to the county their pro rata share of the school fund. Distributive share of county school fund. SEC. 8. Be it further enacted, That as early as is practicable after the ratification of this Act, and by the fourth Saturday in June of each year succeeding, the board of trustees shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools in said school district for the scholastic year, and said board shall turn over their levy or

Page 545

assessment to the city authorities of the said town of Woodbury to be collected by the said city authorities in the same manner as other taxes of the said town of Woodbury, Georgia, are levied and collected; provided, said amount does not exceed three-fourths of one per cent. of the taxable property of said district. Said tax when thus collected shall be turned over to the treasurer of the board of trustees by the treasurer of the said town of Woodbury. The city officials of the said town of Woodbury shall keep the tax collected for school purposes separate from the tax collected for city purposes. The trustees of said school district shall use the public school fund received from the State, through the county school commissioner of Meriwether county, Ga., and the fund raised by levy on the property in said school district for the purpose of paying teachers in the literary department of said schools in said district, and for no other purpose. The said trustees may use the entrance fees, or such part thereof as is necessary, in paying the incidental expenses connected with the school, and the balance of the entrance fees shall be used by said trustees in paying teachers in the literary department of said schools only. The said trustees shall not use any of the funds coming into their hands from any source for paying for instruction in music, art or elocution. School tax. Entrance fees. SEC. 9. Be it further enacted, That after the ratification of this Act, the board of education of Meriwether county, Georgia, 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, 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 re-invested in other property to be used for school purposes in said school district. Sale of school property. SEC. 11. Be it further enacted, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters of said district, for which purpose the board of trustees shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said district, which election shall be held under the same rules and regulations as elections of mayor and councilmen of the town of Woodbury, 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

Page 546

ballots For local taxation for public schools, and those opposed to public schools shall have printed or written on their balots Against local taxation for public schools. And if two-thirds majority of those voting in said election be for local taxation for public schools, this Act shall become operative. Should the result of the election herein provided be against public schools, the board of trustees of said district may order other elections once every six months thereafter until public sschools are adopted. Ratification of this Act. SEC. 12. Be it further enacted, That the board of trustees within five (5) days after the opening of the schools in said district shall require each pupil entering said schools to pay such entrance fee as is fixed by said board; and 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. Entrance fees. Reports of Board. SEC. 13. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. WOODBURY SCHOOL DISTRICT, ACT INCORPORATING REPEALED. No. 410. An Act to repeal an Act to incorporate the Woodbury school district, in Meriwether county, Georgia; to define the boundaries of the same; to regulate the management of schools in said district; to provide revenue for said schools; to provide for the election of five (5) trustees, and to confer on them certain powers, and for other purposes, approved December 20, 1900, 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, viz.: An Act to incorporate the Woodbury school district, in Meriwether county, Georgia; to define the boundaries of the same; to regulate the management of schools in said district; to provide revenue for said schools,

Page 547

to provide for the election of five (5) trustees and to confer on them certain powers, and for other purposes, approved December 20, 1900, and all Acts amendatory thereof, be, and the same are, hereby repealed. Woodbury school district Act incorporating repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Repealing clause. Approved August 19, 1905.

Page 548

TITLE III. MISCELLANEOUS. ACTS. Applying county, act creating Board of Commissioners amended. Bibb county, appropriation for Macon Hospital. Bibb county, auditor, appointment, duties, etc. Bibb county, convict farm, equipment, etc. Berrien county, compensation of commissioners and clerk. Burke county, clerk of commissioners, compensation, etc. Clayton county, protection of fish in streams of. Coffee county, commissioners, election, etc. Floyd county, protection of fish in waters of. Floyd county, manufacture of spirituous liquors probibited. Floyd county, fees of officers, how paid. Fannin and Gilmer counties, cattle quarantine line. Jackson county, Board of Commissioners, Act creating amended. Johnson county, sale of seed cotton in. Johnson county, Board of Commissioners a bolished. Jones county, automobiles, etc., running of, in, regulated. Lee county, convict gang, employment of. [Illegible Text] county, commissioners for, selection of. Miller county, Board of Commissioners for, created. Monroe county, sale of seed cotton in. Monroe county, Act creating Board of Commissioners amended. Oglethorpe county, salaries of commissioners and clerk. Paulding county, drainage of. Pike county, salaries of commissioners and clerk. Pulaski county, Act establishing dispensary ameaded. Rabun county, protection of fish in streams of. Randolph county, dispensaries for. Rockdale county, Board of Commissioners, election to abolish. Spalding county, election of commissioners. Spalding county, manufacture of spirituous liquors prohibited. Walton county, ordinary, compensation. Walton county, officers of court, fees of. Ware county, election of commissioners. Warren county, hire of convicts. Warren county, road bonds. Upson county, manufacture of spirituous liquors prohibited. Rourke, John, title to land conveyed by, Savannah, confirmed. Carlton, Wm. A. for relief of.

Page 549

APPLING COUNTY, ACT CREATING BOARD OF COMMISSIONERS AMENDED. No. 508. An Act to amend an Act entitled 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, approved July 16, 1903, so as to change the number of commissioners; provide for a general superintendent; 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 section 1 of the aforesaid Act be, and the same is, hereby amended as follows: By striking after the word of in the fourth line of said section the following language, to wit: one member from each militia district, and inserting in lieu thereof the following: three members from the county, so that said section when so 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 a board of bridge and road commissioners be created in and for said county, to consist of three members from the county. Appling county, road commissioners SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That section 1 of an amending Act approved July 29, 1904, be, and the same is hereby amended by striking all of said section and inserting in lieu thereof the following: Said commissioners shall be elected by the qualified voters of the county at each general election as other county officers are elected, and to hold office for the term of two years, to begin January 1st after their election, and to hold until their successors are elected and qualified; provided further, that the grand jury of said county for September term, 1905, shall elect three commissioners to serve for the year 1906, and until the commissioners elected at the next general election are qualified. Any vacancies on said board due to death, resignation, refusal to serve, or otherwise, shall be filled by appointment of the judge of the superior court, and shall be for the unexpired term. No person shall be elected unless he be eligible to hold office in Appling county. The judge of the superior court shall have power to remove any commissioner elected or appointed

Page 550

petition for inefficiency, corruption or refusal to perform the duties cited in this Act after said commissioner has been given the opportunity to be heard in defense of the charges preferred. Election of commissioners SEC. 3. Be it further enacted, That section 4 of the original Act be amended by striking all of said section and inserting in lieu thereof the following: That said board shall meet monthly, and oftener if necessary, at the court-house in Baxley, Ga., for the transaction of such business as shall legally come before it. Each member of the board shall receive the sum of $2.00 per day for the days in actual service as commissioner; provided, that no commissioner shall receive compensation for more than fifty days in each year. Meetings of commissioners and their per diem. SEC. 4. Be it further enacted by authority aforesaid, That section 7 of said original Act be, and the same is, hereby amended by striking the entire section and inserting in lieu there-of the following: That said board of bridge and road commissioners shall appoint a general superintendent of roads and bridges, and shall pay him such salary as they may fix from time to time, not to exceed sixty ($60.00) dollars per month. Said superintendent shall be under the commissioners, and subject to their control. He shall have a general supervision over all road and bridge work under the direction and rules fixed by the commissioners, and shall work the roads and bridges uniformly throughout the county. He shall not hold his position longer than he shall satisfy the commissioners, and may be discharged at any time the commissioners see proper with or without special cause. Before entering upon the discharge of his duties he shall give, take, and subscribe to an oath to faithfully discharge his duties, and shall enter into a bond with good security, payable to the board of road and bridge commissioners, to be approved by the commissioners, in the sum of five thousand ($5,000.00) dollars, conditioned for a faithful discharge of his duties. Said superintendent may, by authority and approval of the commissioners, appoint an overseer in each militia district in said county, whose duties shall be as hereinafter provided. He shall make monthly written reports to the commissioners, showing in detail the work done during the month. Such superintendent may do any of the acts of a commissioner by direction or authority of the board of commissioner. Superintendent of bridges and roads. SEC. 5. Be it further enacted, That section 4 of the amending

Page 551

Act be, and the same is, hereby amended by adding at the end of said section the following words: That in the purchase of machinery, implements, tools, wagons, stock, etc., necessary or required in working said roads, a pro rata share of the funds of each district shall be expended by the board of commissioners in making said purchases, so that said section when amended shall read as follows: Section 5. That all revenue derived from commutation tax, or taxation on property, shall be expended on the roads in the district from which it was collected; provided, that the provisions of this section do not apply to the assessment and collection of a bridge tax, and that the tax-collector shall not be required to make a report per district of the same; provided further, that in the purchase of machinery, implements, tools, wagons, stock, etc., necessary or required in working said roads a pro rata share of the funds of each district shall be expended by the commissioners in making such purchases. Revenue pro rated among districts. SEC. 6. Be it further enacted, That section 5 of said amending Act be, and the same is, hereby amended by striking all of said section and inserting in lieu thereof the following: That two or more of said 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 Baxley, Ga., or at such other place as they may select, at such time as may be fixed by the commissioners; provided, that five days' notice be given of the time and place to said defaulters. Commissioners court. SEC. 7. Be it further enacted by the authority aforesaid, That section 19 of said original Act be, and the same is, hereby amended by adding at the end thereof the following: Provided further, that the superintendent and the overseers in each district appointed by him are hereby clothed with power and authority in the capacity of a constable to make arrests and to serve all papers connected with the commissioners' courts, so that said section when amended shall read as follows: Section 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; provided further, that the superintendent and the overseers in each district appointed by him are hereby clothed with power and authority in the capacity of a constable to make arrests and to serve all papers connected with the commissioners' courts. Road defaulters.

Page 552

SEC. 8. Be it further enacted by the authority aforesaid, That section 22 of the aforesaid original Act be, and the same is, hereby amended by adding to said section the following: Provided further, that said bridges may be built by the superintendent by hiring or convict labor as in case of working roads, so that said section when amended shall read as follows: Section 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; provided further, that said bridges may be built by the superintendent by hired or convict labor, as in case of working roads. Bridges. SEC. 9. Be it further enacted by the authority aforesaid, That section 25 of said amending Act be, and the same is, hereby repealed, and the following new sections be added to said Acts: Section 25. Be it further enacted by the authority aforesaid, That the overseers appointed in each district shall before entering upon the discharge of their duties give bond with good security in the sum of one thousand ($1,000.00) dollars, payable to the board of commissioners for a faithful discharge of duty, and shall take an oath to faithfully discharge all the duties of such overseer. It shall be the duty of an overseer to perform the duties of the superintendent in cases of emergency, and at any other time by the authority and direction of the superintendent, or any commissioner. He shall by direction of the superintendent or a commissioner summon out the road hands, collect the commutation tax, and pay the same over to the county treasurer. He shall keep a record, in a book to be provided by the commissioners, of all persons subject to road work or commutation tax, and shall keep a complete record of all his acts as overseer, and shall make a written report to the superintendent each month, unless relived by the superintendent. He shall return all defaulters to the superintendent, and shall appear and testify against them when called upon to do so. He shall receive for his services such compensation as the commissioners may fix from time to time; provided further, that the work of any overseer may be done by the superintendent, and no overseer as a matter of right shall perform any of his duties except by authority of the superintendent or commissioners. District overseers. Section 26. Be it further enacted by the authority aforesaid, That the board of commissioners may make such rules and regulations as they may deem proper, not inconsistent with this Act, to govern the work of roads, the building of bridges, and to

Page 553

govern the superintendent and overseers. They are hereby authorized to provide for the payment of hands weekly when necessary to get the best labor, and in order to do this they may by written regulations arrange for the issuing of vouchers weekly by the superintendent under such restrictions as they may deem proper. Rules and regulations by commissioners. Section 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. BIBB COUNTY, APPROPRIATION FOR MACON HOSPITAL. No. 489. An Act to amend an Act entitled an Act to authorize and empower the commissioners of roads and revenues of the county of Bibb, from the treasury of said county, to contribute toward the support and maintenance of the hospital operated by the Macon Hospital Association, in the city of Macon, and for other purposes, approved November 15, 1902, so as to authorize and empower said commissioners to contribute the sum of five thousand dollars per annum toward the support and maintenance of said hospital, 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 Act entitled an Act to authorize and empower the commissioners of roads and revenues of the county of Bibb, from the treasury of said county, to contribute toward the support and maintenance of the hospital operated by the Macon Hospital Association, in the city of Macon, and for other purposes, approved November 15, 1902, be, and the same is, hereby amended by striking from section one of said above recited Act the words, twelve hundred dollars annually, in the last line of said section and inserting in lieu thereof the words, five thousand dollars annually, so that said section when amended will read as follows: Resolved by the General Assembly, That the commissioners of roads and revenues of Bibb county be, and they are, hereby authorized and empowered to enter into a contract with said the

Page 554

Macon Hospital Association whereby the said association would undertake to treat, free of charge, such of the citizens of said county as may be seriously ill or wounded, and who are indigent and are, or are liable to become, chargeable to the county; and in consideration thereof said commissioners shall, out of the treasury of said county, pay toward the support of said hospital the sum of five thousand dollars annually. Bibb county, contribution for support of Macon Hospital. SEC. 2. Be it further enacted by authority of the same, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 14, 1905. BIBB COUNTY, AUDITOR, APPOINTMENT, DUTIES, ETC. No. 573. An Act to amend an Act approved February 6, 1873, entitled an Act to establish a county board of commissioners for the county of Bibb, to define their duties, and for other purposes therein named, so as to authorize said county board of commissioners to appoint a county auditor for said county, to prescribe and define his powers and duties, to fix his compensation and 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 authority of the same, That the above recited Act, approved February 6, 1873, be, and the same is, hereby amended by adding thereto and as part thereof all the following, to wit: Said county board of commissioners shall be authorized and empowered to appoint an officer to be known as the county auditor of said county, whose duty it shall be, under such orders, rules and regulations as said board may from time to time prescribe, to examine, investigate, audit and report upon all bills and claims against said county that may be referred to him by said board of commissioners; to examine the books of the several county officers, under the order and direction of said board of commissioners and report upon the same, embracing in such report his recommendations as to the best uniform plan and system for keeping such books; and to act as purchasing agent for said county, and make all lawful purchases

Page 555

for the same, upon requisition made upon him and approved by one of said board of commissioners may prescribe in relation to his duties as such purchasing agent. Auditor for Bibb county, appointment and duties of. SEC. 2. Be it further enacted by the authority aforesaid, That said county auditor shall receive as compensation for all services rendered by him as such auditor, under the provisions of this Act, such salary as said board of commissioners may fix, not to exceed the sum of fifty dollars per month, payable out of the county treasury upon the order of said board, and the term of office of said county auditor shall not exceed twelve months, and shall be fixed by said board of commissioners; provided, that said board of commissioners may at any time remove said county auditor from office for incompetency, neglect of duty or any other cause deemed sufficient by said board; and before entering upon the duties of his office as such county auditor he shall give bond in the sum of five thousand dollars, payable to said board of commissioners, for the use of said county, and to be approved by said board, conditioned for the faithful performance of the duties of his said office. Compensation of auditor. 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 22, 1905. BIBB COUNTY, CONVICT FARM, EQUIPMENT, ETC. No. 572. An Act to establish in and for the county of Bibb a county convict farm, to be worked by certain classes of convicts; to make said convict farm part of the public works of said county; to provide for the equipment, maintenance, operation and management of said convict farm by the county board of commissioners for said county; to prescribe and designate the classes of convicts to be worked on said convict farm, and to regulate their commitment to and discharge from 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 county board of commissioners for Bibb county be, and

Page 556

they are, hereby authorized and empowered to establish a county convict farm in and for said county, and to prescribe all necessary rules and regulations for the management and operation of the same, and that said convict farm shall be a part of the public works of said county, and convicts sentenced to work upon the public works of said county may be committed to said convict farm, as hereinafter provided and confined and held to labor upon the same. Bibb county convict farm. SEC. 2. Be it further enacted by the authority aforesaid, That said board of commissioners shall have full power and authority to purchase the necessary land for said convict farm; to erect thereon the necessary buildings, improvements and fixtures; to purchase all necessary live stock, tools and implements and supplies of every kind, and to employ the necessary superintendents, guards and labor for the proper and economical equipment, maintenance and operation of said convict farm. And all proper and necessary expenses incurred for said purposes shall be paid by said board of commissioners out of the funds of said county. Establishment and maintenance. SEC. 3. Be it further enacted by the authority aforesaid, That convicts heretofore or hereafter sentenced to work upon the public works of said county, who by reason of age or physical weakness or infirmity can not be advantageously worked upon the public roads of said county, may be committed to said convict farm and confined and held to labor thereon whenever the judge or court passing sentence upon such convicts may so order and direct, and convicts sentenced to work upon the public works of the county may, after serving part of their sentence upon the public roads, be transferred and committed to said convict farm, upon the order and direction of the court or judge by whom they were sentenced, the true meaning and intention of this section being that any convict sentenced to work upon the public works of Bibb county may, in the first instance, be committed to said convict farm, or subsequently transferred to the same from the public roads, upon the order and direction of the court or judge passing sentence in his or her case. Commitment of convicts. 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 22, 1905.

Page 557

BERRIEN COUNTY, COMPENSATION OF COMMISSIONERS AND CLERK. No. 598. An Act to amend an Act, approved December 17, 1902, amending the Act creating the board of commissioners of roads and revenues of Berrien county, approved September 20, 1887, so as to provide for compensation of the members, that of their clerk; to prescribe who shall be the clerk of said board, 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 Act approved December 17, 1902, amending the Act creating the board of commissioners of roads and revenues of Berrien county be, and the same is, hereby amended by striking out the words two dollars where it appears in section 2, in said Act, and substitute in lieu thereof the words three and [UNK] dollars, so that said section when so amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That said commission shall receive as their compensation three and [UNK] dollars each per day of actual service rendered, out of the county treasury, to be paid by the treasurer upon certificate of the chairman and clerk of said board. Berrien county; Per diem of commissioners SEC. 2. Be it further enacted by the authority aforesaid, That section 3 be stricken and the following inserted in lieu of said section: Section 3. Be it further enacted, That the clerk of the superior court of Berrien county shall be clerk of said board, and shall receive as compensation for services as such clerk the sum of three dollars per day for actual services. Per diem of clerk. 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 23, 1905.

Page 558

BURKE COUNTY, CLERK OF COMMISSIONERS, COMPENSATION, ETC. No. 395. An Act to amend an Act entitled an Act to establish a board of commissioners of roads and revenue for the county of Burke, and to define their powers, approved February 22, 1873, so as to make the ordinary of said county clerk of said board, and to fix his compensation as such clerk. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1906, the ordinary of the county of Burke be, and he is, hereby made and constituted clerk of the board of commissioners of roads and revenue for the county of Burke and keeper of the records thereof. Burke county; clerk of Board of Commissioners. SEC. 2. Be it further enacted, That the salary of said ordinary as clerk of said board of commissioners of roads and revenue for said county of Burke shall be, and it is, hereby fixed at the sum of two hundred dollars per annum. Conpensation. 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 19, 1905. CLAYTON COUNTY, PROTECTION OF FISH IN STREAMS OF. No. 308. An Act to repeal an Act entitled an Act approved December 17, 1902, which was an Act entitled an Act to protect the fish and to provide the manner of fishing in Flint river and all creeks, streams, lakes, ponds and waters in Clayton county, Georgia, and to provide a penalty for the violation of 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 on and after the passage of this Act that an Act approved on December 17, 1902, which was an Act entitled an Act to protect

Page 559

the fish and to provide the manner of fishing in Flint river and all creeks, streams, lakes, ponds and waters in Clayton county, Georgia, and to provide a penalty for the violation of the same, be, and the same is, hereby repealed. Clayton county: protection of fish in waters of. SEC. 2. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 21, 1905. COFFEE COUNTY, COMMISSIONERS, ELECTION, ETC. No. 515. An Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Coffee, approved December 16, 1895, by repealing section 11 thereof and inserting in lieu thereof a section providing for the election of said commissioners by the direct vote of the qualified voters of said county; and by amending section 4 by providing for the filling of vacancies on said board by the remaining members thereof until the next general election, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act be, and is, hereby amended as follows: 1. By striking therefrom all of section 11 and inserting in lieu thereof the following section: Said board of commissioners of roads and revenue for said county of Coffee shall continue to consist of five members, who shall be elected by the qualified voters of said county at general elections for county officers, and who shall hold their offices for the term of two years and until their successors are elected and qualified. Successors of the present commissioners shall be thus elected at the general election next preceding the expiration of the terms of each of said present commissioners, and at each succeeding general election elections shall be held for successors of such commissioners whose term of office will expire before the next general election. Said commissioners shall be citizens and freeholders of said Coffee county, shall be commissioned by the Governor, and shall subscribe to

Page 560

the oath hereinafter prescribed. 2. By striking from section 4 thereof the following words in the fourth and fifth lines thereof, to wit: appointment by the judge and grand jury aforesaid, and inserting in lieu thereof the following words, to wit: election and the election and qualification of the successors, so that said section when so amended shall read: That in case any vacancy should occur in the said board of commissioners of roads and revenues, a majority of said board shall constitute a quorum and shall have power and authority to fill such vacancy until the next regular election and the election and qualification of the successor. Coffee county: commissioners, their election and successors 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 22, 1905. FLOYD COUNTY, PROTECTION OF FISH IN WATERS OF. No. 20. An Act to amend an Act entitled an Act for the protection of fish in the waters of Floyd county, approved December 13, 1900, by striking from the fourth and fifth lines of the first section of said Act the words, catch with nets or baskets, or to entrap with any device whatever except with hook and line and trot-line. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 1 of an Act entitled an Act to protect fish in the waters of Floyd county, approved December 13, 1900, be, and the same is, hereby amended by striking from the 4th and 5th lines of the first section of said Act the words, catch with nets or baskets or to entrap with any device whatever, except with hook and line and trot-line, so that said section when amended will read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act it shall be unlawful for any person to shoot, spear, gig, poison, kill with dynamite any fish in any stream, lake or pond in the county of Floyd for a period of five years from the passage of this Act. Floyd county: protection of fish in waters of. SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 2, 1905.

Page 561

FLOYD COUNTY, MANUFACTURE OF SPIRITUOUS LIQUORS PROHIBITED. No. 21. An Act to prohibit the manufacture of spirituous liquors from corn, wheat, rye, or other grain or from fruit, grapes, berries or other substance in the county of Floyd. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons, firm or corporation, to make or manufacture spirituous liquors from any corn, wheat, rye or other grain, or from fruit, grapes, berries, or other substance in the county of Floyd. Floyd county; manufacture of liquors prohibited SEC. 2. Be it further enacted by the authority of the same, That any person or persons, firm or corporation, their agents or employees violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of the Code of Georgia of 1895. Penalty. 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 11, 1905. FLOYD COUNTY, FEES OF OFFICERS HOW PAID. No. 48. An Act to authorize the board of commissioners of roads and revenues of Floyd county to pay the officers of court the fees prescribed by law for such officers in each case of conviction, where the person so convicted is worked upon the chain-gang for said county; provided, the amount of the fee to be paid to any court officer shall not exceed five dollars in each case. 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 Floyd county is authorized to pay to the officers of court the fees prescribed by law for such

Page 562

officers in each case of conviction where the person so convicted is worked upon the county chain-gang of said county; provided, however, that the amount of the fee to be paid to any court officer shall not exceed five dollars in any case. Floyd county; payment of court costs in misdemeanor cases. SEC. 2. Be it further enacted by the authority aforesaid, That before the officers of court shall be paid said costs, they shall make out the bill thereof and have it approved by the judge of the court imposing the sentence, and when so approved the board of commissioners of roads and revenues of Floyd county is authorized to pay the same out of the general fund of said county, or out of such particular fund of said county as said board may direct. Bills of costs, approval 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 7, 1905. FANNIN AND GILMER COUNTIES, CATTLE QUARANTINE LINE. No. 547. An Act authorizing the citizens of Fannin and Gilmer counties to cross the cattle quarantine line between Fannin and Gilmer counties with cattle teams and wagons to and from Cherry Log, a station on the Louisville and Nashville railway, in Gilmer county, Georgia. First. WHEREAS, A great many of the citizens of Fannin and Gilmer counties have no accessible market to get their produce, lumber, etc., to a railroad except at Cherry Log, a station on the said Lousville and Nashville railway, and whereas, the Commissioner of Agriculture of this State, in accordance to general law, has established a cattle quarantine including all of Fannin county and making the county line between Fannin and Gilmer the cattle quarantine line; therefore, be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be lawful for the citizens of Fannin and Gilmer counties to use cattle teams to and from Cherry Log, a station on the Lousville and Nashville railway in Gilmer county, and to and from any part of Fannin county to said station. Fannin and Gilmer counties; cattle quarantine line.

Page 563

Second. Be it further 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 22, 1905. JACKSON COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 59. An Act to amend an Act approved August 17, 1903, entitled an Act to amend 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 same, to enlarge his powers and duties, and for other purposes, so as to provide for a different salary for the chairman, and to provide for the election of superintendent of public roads of Jackson county by the people, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 3 of an Act approved August 17, 1903, entitled an Act to amend an Act to create a board of commissioners of Jackson county, prescribe their mode of election, fix their compensation, define their duties and powers, and for other purposes, be amended by striking out the words $300.00 in line 3, section 3 of said Act and substitute in lieu thereof the words $600.00; and also by striking out in the 15th line of the same section after the word county, and the selection of the superintendent of the same as provided in Act creating office of civil engineer, and inserting in lieu thereof, and the superintendent of public roads of Jackson county shall be elected by the people at the same time and in the same manner as other county officers are elected, at the expiration of the present term of the present superintendent, so that said section when amended shall read as follows: 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

Page 564

shall receive a salary of six 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 dollars ($2.00) 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 the 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 superintendent of public roads of Jackson county shall be elected by the people at the same time and in the same manner as other county officers are elected, at the expiration of the present term of the present superintendent, 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 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 shall keep the names of the road-hands in each district. Jackson county, Board of Commissioners, organization of.

Page 565

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 23, 1905. JOHNSON COUNTY, SALE OF SEED COTTON IN. No. 300. An Act to prohibit the buying or selling of seed cotton in the county of Johnson from the 15th day of August to the 15th day of December of each year, and provide penalties for violation of the same. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful to sell, buy or otherwise traffic in seed cotton in the county of Johnson between the 15th day of August and the 15th day of December in each year, without the consent of the person on whose land the same was raised; provided, the provisions of the Act shall not apply to judicial sales by an officer authorized by law to make such sale. Johnson county; sale of seed cotton prohibited SEC. 2. Be it further enacted by the authority aforesaid, That all persons violating this Act shall be guilty of a misdemeanor, and on indictment and conviction thereof shall be punished as prescribed in 1039 of the Penal Code of this State. Penalty. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905.

Page 566

JOHNSON COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 301. An Act to repeal an Act to create a board of commissioners of roads and revenues for the county of Johnson, and to define their duties and powers and fix their compensation, and for other purposes, approved November 15, 1902. 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 Act of the General Assembly to create a board of commissioners of roads and revenues for the county of Johnson, to define their duties and powers, and fix their compensation, and for other purposes, approved November 15, 1902, be, and the same is, hereby repealed. Johnson county; Board of Commissioners abolished. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1905. JONES COUNTY, AUTOMOBILES THE RUNNING OF, IN REGULATED. No. 174. An Act to regulate the running of locomobiles, automobiles, motorcycles, and all other similar machines, while using the public roads in Jones county; to prescribe the duties of those in charge of said machines, and to provide for the punishment of said parties when this law is violated, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any one in charge of any automobile, locomobile, motorcycle, or other similar machine, to run the same over the public roads in the county of Jones, in said State, at a greater rate of speed than ten miles an hour. Jones county; speed of automobiles, etc.

Page 567

SEC. 2. That when any one in charge of or running an automobile, locomobile, motorcycle, or other similar machine, on the public roads in the county of Jones, who is meeting or approaching any one who is driving or riding any horse or mule, he shall bring his machine to a full stop at least one hundred yards from said horse or mule, and shall shut off all his machinery and stop all noise being made by the same until said horse or mule has passed his machine and is at least fifty yards beyond the same. Must stop for mule or horse. SEC. 3. That when any one running or in charge of any automobile, locomobile, motorcycle, or other similar machine, on the public roads in the said county of Jones shall approach from the rear any one riding or driving any horse or mule, he shall blow his horn or whistle before he approaches within one hundred yards of said horse or mule, and shall continue to slacken the speed of his machine so as to enable the person in front of him to unhitch his horse or mule or get out of the way of said machine. Blowing horn or whistle. SEC. 4. That when any one using a locomobile, automobile, motorcycle, or other similar machine, on the public roads of said county of Jones, is approaching a horse or mule hitched to a vehicle and tied to a post, tree or other fastening, he shall stop his machine at least one hundred yards from said horse or mule and give the owner of said horse or mule a chance to unhitch him from the vehicle, or remove him to a place of safety. Approach to horse or mule hitched. SEC. 5. That the person running or in charge of a locomobile, automobile, motorcycle, or other similar machine, violating either of the above provisions, shall be guilty of a misdemeanor and shall be punished for the same as prescribed by paragraph 1039 of the Criminal Code of Georgia. Violation of this Act a misdemeanor. 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 25, 1905.

Page 568

LEE COUNTY, CONVICT GANG, EMPLOYMENT OF. No. 402. An Act to authorize the county commissioners of Lee county to work the county convict gang of said county on the streets of any incorporated city or town in said county, when requested to do so by the proper authorities of such city or town; to provide for compensation from such city or town to said county for the use of said county convict gang, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be lawful for the county commissioners of Lee county, or the authorities having charge of the county convict gang of said county, to work the said convicts on the streets of any incorporated city or town of said county whenever requested to do so by the proper authorities of such city or town, compensation being paid for the use of said convicts in such sums as may be agreed upon between the said city or town and said county authorities, respectively. Lee county; employment of county convicts 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, 1905. MCINTOSH COUNTY, COMMISSIONERS FOR, SELECTION OF. No. 10. An Act to regulate the selection of the commissioners of McIntosh county, 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 commissioners of McIntosh county shall be selected from the county at large without reference to residence, but in the manner as now provided by law. McIntosh county; commissioners, how selected.

Page 569

SEC. 2. Be it further enacted, That the Acts approved November 21st, 1893, and December 21st, 1893, regulating the selection of said commissioners, and all other laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Repealing clause. Approved July 24, 1905. MILLER COUNTY, BOARD OF COMMISSIONERS FOR, CREATED. No. 518. An Act to create a board of commisioners of roads and revenues in the county of Miller, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be established in the county of Miller a board of commissioners of roads and revenues, consisting of five persons, namely: W. C. Dancer, ordinary of said county, and by virtue of his office shall be chairman of the board of commissioners, and said ordinary and his successors in office shall by virtue of the office of ordinary be chairman of said board; B. B. Roberts and Dr. E. B. Bush, for the 903d district G. M. of said county, and W. K. Knight for the 1160th district G. M., and G. W. Carter for the 1029th district G. M. All of whom shall hold their offices until the next regular election for State and county officers, when each militia district shall have the right to elect one man for 1160th district G. M., and one man for 1029th district G. M., and at which time the 903d district shall have a right to elect two men for said district, who shall hold their office until successors are elected and qualified. Miller county; Board of Commissioners. Election. SEC. 2. At the regular election every two years thereafter each militia district shall have the right to elect as above mentioned by the qualified voters of each district, and shall hold their offices until their successors are elected and qualified. Term of office. SEC. 3. Be it further enacted by authority aforesaid, That upon the election of said board as provided for in above sections of this Act, it shall be the duty of the clerk of the superior court to certify to the Governor, under seal of his office, the names of

Page 570

the persons so elected, and the Governor upon receipt of said certificate shall commission them for the term to which they have been elected; and upon presentation of their commission and taking the oath hereinafter prescribed, they shall enter upon the discharge of their duties. Commissions. SEC. 4. Be it further enacted by the authority aforesaid, that no person shall be eligible to said office until he shall have taken the following oath of office, which shall be administered by the ordinary of said county, and which oath shall be by the ordinary recorded on the minutes of the court of ordinary, to wit: You and each of you will faithfully discharge the duties of commissioner of roads and revenues, and in all matters which require your official actions, to the best of your knowledge and skill you will so act as in your judgment will be the most conducive to the welfare and prosperity of the entire county, so help you God. Oath. SEC. 5. Be it further enacted by authority aforesaid, That three of said board shall constitute a quorum for the transaction of business, and that three must concur in order to pass any order or let any contract or grant or allow any claim against the county. Quorum. SEC. 6. Be it further enacted by authority aforesaid, That any vacancy occurring in said board from any cause whatever, the remaining members of the board shall elect some suitable person who shall take the oath of office prescribed in this Act, and the person so elected, after taking the oath, shall enter upon the duties of said office and shall hold the office until the next regular election prescribed by this Act. Vacancies. SEC. 7. Be it enacted, further, by the authority aforesaid, That said board when sitting for county purposes shall have exclusive jurisdiction over the following subject-matters: Jurisdiction. 1. In governing and controlling all county property as they may deem best according to the law. 2. In levying all taxes for county purposes in accordance with law. 3. In examining the public records of the various offices of county, and referring the same to the grand jury of Miller county at each term of the superior court. 4. Shall have settlements with all officers of said county, and shall have full settlement annually with the county school commissioner, as well as other officers, and examine his books and include their reports to the grand jury as other officers. 5. In examining, auditing and settling all claims against the county.

Page 571

6. In establishing, altering, abolishing or opening roads, bridges, ferries in accordance with law. 7. In the appointment of road commissioners and in the general management of roads, bridges and revenues of the county. SEC. 8. Be it further enacted, That the county commissioners shall have charge and full control of the dispensary in Colquitt, Georgia, of said county, and shall have authority to carry out the dispensary Act creating and amendatory Acts as the dispensary commissioners could do, and shall carry the law out in said Acts, and all contracts that have been made by the dispensary commissioners shall be carried out by the county commissioners. They shall use the powers vested in the dispensary commissioners, and the county commissioners shall settle with dispensary commissioners up to July 1st, and dispensary commisioners shall have the right to settle up all the business up to the 1st day of July, 1905, and they shall turn over all the county's part and town or city's part, and the county commissioners shall take full charge from July 1st, and as Acts creating dispensary says after paying all expenses; they shall turn all of the county's part, one-half, to the treasury of said county and the other half net proceeds to the treasury of the city of Colquitt, and shall, as before stated, carry out the Act creating the dispensary and Acts amendatory thereto; and shall have authority to check up all business of the dispensary at the end of each month and have full authority as above stated in this Act. Dispensary. SEC. 9. Be it further enacted by authority aforesaid, That it shall be the duty of said county commissioners to indorse all orders drawn upon the funds of the county before the treasurer of said county shall be authorized to pay the same. Disbursements. SEC. 10. Be it further enacted, That said commissioners shall hold their meetings upon the first Tuesday in each month, and shall keep a record of all their proceedings in a well-bound book to be purchased by them for that purpose, and shall be paid for by the county treasurer on their order, which record shall be submitted by them to the grand jury of the superior court at each term of said superior court. Said commissioners may hold special sessions in addition to their regular monthly meetings whenever the interests of the county demand it. Meetings and records. SEC. 11. Be it further enacted, That the clerk of the superior court shall be, by virtue of his office, clerk of the board of commissioners, and shall keep all records of proceedings of said board, and shall have the same pay as the commissioners shall receive, which shall be two dollars per day for each day's service, and records

Page 572

and orders paying clerk or any of the commissioners must show the dates they served. All orders must be indorsed by the chairman and a majority of the commissioners of the board before paid by the county treasurer of said county. Clerk. SEC. 12. Be it further enacted, That said board shall have the right to appoint committees out of their body, or if they deem it best, they may appoint a part of their body; and if they deem it best, they may add one or two outside men when they deem it necessary and to the interest of the county to do so. Committees. SEC. 13. Be it further enacted by the authority aforesaid, That the sheriff of said county shall, by virtue of his office, be ex officio sheriff of said board in and for opening courts and carrying out instructions of said board, keeping order, etc., shall receive two dollars per day as commissioners and clerks, keeping the dates in order of service and to be approved by a majority of the board. Sheriff. 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 22, 1905. MONROE COUNTY, SALE OF SEED COTTON IN. No. 344. An Act to prohibit the purchase, sale, barter, exchange or delivery of seed cotton in Monroe county between August 1st and December 20th without written consent from the owner of the land whereon said cotton was produced, or his agent, to provide a penalty for violation of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful to purchase, sell, barter, exchange or deliver in the county of Monroe any cotton in the seed between the first day of August and the twentieth day of December, without the written consent of the owner of the land whereon said cotton was produced, or his agent. Monroe county; sale of seed cotton prohibited. SEC. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of the above section shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 1039 of the Code of Georgia. Penalty.

Page 573

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, 1905. MONROE COUNTY, ACT CREATING BOARD OF COMMISSIONERS AMENDED. No. 258. An Act to amend an Act, approved August 6, 1903, and entitled 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 section 2 of an Act approved August 6, 1903, entitled 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, be amended by inserting after the word jurors, in the line next to the last line of said section, the words and bailiffs, so that last said sentence shall read as follows: All claims against the county shall be audied by the board and warrants issued for the same, except the per diem of jurors and bailiffs, which may be paid upon certificate of the proper officers. Monroe county; disbursements by Board of Commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 of the above recited Act in regard to publishing monthly proceedings of each meeting, etc., be stricken and in lieu thereof there be inserted the following: Sec. 4. Commissioners shall have published monthly in a newspaper generally circulated in said county, and within thirty days after the warrant has been issued, an itemized statement of all money expended, to whom paid, and for what purposes; provided it does not cost over fifty dollars per annum; if the cost of publication exceeds said amount, said commissioners shall have the same printed and circulated in some other way. Publication of expenditures. SEC. 3. Be it further enacted, That section 5 of the above recited Act in regard to the election of a chairman, clerk, etc., be

Page 574

stricken, and in lieu thereof be inserted the following: Sec. 5. The present chairman and clerk shall hold their offices until the first Tuesday in January, 1907, and on that date, and annually thereafter, said board shall elect a chairman and clerk of their said body. Chairman and clerk. SEC. 4. Be it further enacted, That section 8 of the above recited Act in regard to the duties of said board, be amended so as to read as follows: 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 to exercise a general supervision over the roads, chaingang and bridges of the county; and said supervision shall be exercised by the chairman, personally, or by superintendents, overseers or guards appointed by and subject to him. The first appointments to be made on the first Tuesday in January, 1906, and annually thereafter, unless a vacancy occurs, in which event the same shall be filled by appointment by the chairman as soon as practical. Said chairman shall have control of and be responsible for the working of said roads, whether superintended by him in person or by appointee, as well as the disbursement on account of the roads and bridges of said county, but he shall 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 submit to, and advise with, the board as to the work mapped out or intended to be done during the month to come. He shall make all necessary purchases for the county under the direction of the board. He shall discharge such road superintendent, chaingang bosses, guards or other employees of the board who fail to perform their duties in a satisfactory manner, and also perform such other duties as the board may direct; for all of which services, both as chairman and commissioner, he shall receive annually the sum of three hundred dollars. Should no superintendent of roads be appointed, then the chairman of said board shall perform the duties of superintendent, and for such services he shall be paid extra compensation, not to exceed one hundred dollars ($100) per annum. No member of said board, except the chairman, shall be eligible as superintendent of roads, but this shall not apply to the commissioners now in office during their present term. Chairman of Board, duties of. SEC. 5. Be it further enacted by authority aforesaid, That section 9 of the above recited Act in regard to the compensation of members be stricken and in lieu thereof there be inserted the following: Sec. 9. From and after the passage of this Act, members

Page 575

of said board, except the chairman, shall receive $2.00 per day for each regular meeting of said board, which shall not exceed two days of each month, and no member, except as clerk or chairman, as provided for, shall receive other compensation from the county for any services rendered. Per diem of members of Board. SEC. 6. Be it further enacted, That section 10 of the above recited Act in regard to the election of superintendents, be stricken and in lieu thereof there be inserted the following: Sec. No person shall be eligible to election as a member of said board of commissioners unless he shall have been a resident freeholder of said county for two years immediately preceding his election; provided, however, this provision shall not become operative until January 1st, 1907. Eligibility to membership. 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 24, 1905. OGLETHORPE COUNTY, SALARIES OF COMMISSIONERS AND CLERK. No. 635. An Act to amend an Act creating the office of commissioner of roads and revenues in and for Oglethorpe county; provide the method of electing such officer; fix his salary and term of office; provide for the management of county affairs in the interim, and for other purposes, so that said Act, when amended, said commissioner shall receive a salary of $1,200 instead of $800 per annum, and so that the clerk of said commissioner shall receive a salary of $300 instead of $200 per annum. 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 5 of said Act is hereby amended by striking after the word of, and before the word hundred, in the third line of said section, the word eight, and inserting in lieu thereof the word twelve; and also by striking after the word exceed, and the word hundred, in the seventh line of said section, the word fifteen, and also by striking after the word exceed, and before the word hundred, in the eleventh line of said section, the word two, and inserting in lieu thereof the word

Page 576

three; and also by amending the seventh line of said section by striking the figures 900, and also by amending the eleventh line of said section by striking the figures 200; so that said section, when amended, shall read as follows: Sec. 5. Be it further enacted by the authority aforesaid, That said commissioner shall receive for his compensation to be paid out of the county treasury a salary of $1,200 per annum, to be paid monthly at the end of each month's services; but the salary of said commissioner may be increased by a majority of two successive grand juries of said county, to a sum not to exceed fifteen hundred dollars, said increase to be paid out of the county treasury. Oglethorpe county. Commissioner's salary. 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 three hundred dollars per annum, to be paid out of the county treasury. Clerk's salary. He is authorized to employ a superintendent of roads, bridges and labor, who understands drainage and roadbuilding, and such other overseers and employees as may be necessary for the best interest of the county for the purpose of maintaining and working the roads and public property of said county, and shall fix the compensation of such persons at such reasonable sums as he may think proper, except as otherwise prescribed by law. Superintendent. 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, 1905. PAULDING COUNTY, DRAINAGE OF. No. 225. An Act to provide for the removal of all obstructions of all kinds, other than dams used for operating mills or machinery of other kind, from creeks or other running streams of the county of Paulding, Ga.; 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

Page 577

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, That from and after the passage of this Act, all landowners in Paulding 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. Paulding county; drainage of. SEC. 2. Be it further enacted by the authority aforesaid, 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 ordinary on his 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 the sheriff, deputy sheriff, or any lawful constable of said county, all expenses and costs to be taxed against the defaulting landowner. Said ordinary is hereby empowered, after said obstructions have been removed and the expenses thereof obtained, to issue 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. Removal of obstructions in streams SEC. 3. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Paulding 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 if 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 cutlet, 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

Page 578

amount to be determined by three freeholders of said county to be appointed by the ordinary thereof. Drains, extension of over adjoining lands. SEC. 4. Be it further enacted, That this shall not apply to any streams where it is the dividing line between Paulding 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 7, 1905. PIKE COUNTY, SALARIES OF COMMISSIONERS AND CLERK. No. 498. An Act to amend an Act approved February 20th, 1875, said Act being amendatory to an Act approved October 30th, 1870, creating a board of commissioners of roads and revenues for the county of Pike, by providing a salary as compensation for the members of said board, and the clerk thereof, in lieu of that provided for in said Act of February 20th, 1875. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act approved February 20th, 1875, said Act being amendatory of an Act approved October 30th, 1870, creating a board of commissioners of roads and revenues for the county of Pike, be, and the same is, hereby amended by striking out that part of said Act approved October 30th, 1875, providing for the compensation of said board of commissioners, and the clerk of said board, and inserting in lieu thereof the following provision: That each of said commissioners shall be paid the sum of $125.00 per annum, and the clerk of said board shall be paid the sum of $125.00 per annum; these amounts shall be in full compensation for all services that they may render said county as commissioners and clerk. Pike county; compensation of commissioners and clerk. 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, 1905.

Page 579

PULASKI COUNTY, ACT ESTABLISHING DISPENSARY AMENDED. No. 459. An Act to amend the Act approved November 15, 1901, providing for the establishment, maintenance and regulation of dispensaries in the county of Pulaski for the sale of intoxicating liquors, etc., 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 1 of the above recited Act be, and the same is, hereby amended by adding to the end of section 1 the following proviso: Provided, however, that nothing in this Act shall be construed to prevent any person from selling domestic wines in quantities not less than one quart, made from grapes or berries grown on his own land, or lands leased or rented by him, under such circumstances as the general law of this State now gives such person the right to sell domestic wine; nor is it the intention of this Act to be in conflict with sections 756 and 757 of volume 1, of the Code of 1895, nor of the Act approved August 13, 1904, which last Act is one to regulate the sale of domestic wine, etc. Pulaski county; sale of domestic wines. 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 22, 1905. RABUN COUNTY, PROTECTION OF FISH IN STREAMS OF. No. 67. An Act to prohibit the putting of sawdust or other unhealthful materials in the streams of Rabun county, in order to preserve the fish in said streams; to provide the punishment therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

Page 580

State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons, corporation or corporations, to put, or allow to be put, into any stream or watercourse in or adjacent to Rabun county, in said State, any sawdust from any sawmill or shingle mill or other wood manufacturing establishment, or to put into said streams or watercourses any other unhealthful or unwholesome materials which may kill, injure or destroy the fish in said streams or watercouses, or to allow or place said sawdust or other unhealthful or unwholesome materials in such place or places as will allow the same to escape into such streams or watercourses by washing into or otherwise entering the same; provided that this Act shall not apply to owner or owners of sawmills or shingle mills propelled by waterpower at their present locations, which are now established in said county. Rabun county; Protection of fish in waters of. SEC. 2. Be it further enacted by the authority aforesaid, That any person or persons, corporation or corporations violating the provisions of this Act shall, upon conviction, be punished as provided in section 1039 of volume 3 of the Code of 1895. Penalty. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. RANDOLPH COUNTY, DISPENSARIES FOR. No. 90. An Act to establish, maintain and regulate a dispensary system in the county of Randolph for the sale of spirituous, vinous and malt liquors and other intoxicants therein; one to be established in the city of Cuthbert, and one also in each of the several incorporated towns of said county, on recommendation of the municipal authorities of said towns; and thereafter to prohibit the sale of any of such liquors and intoxicants (except domestic wines as now provided by law) except through the medium of such dispensaries as regulated and provided in this Act; to establish and perpetuate a board of commissioners for the management of such dispensaries; to provide the mode of submitting this Act to the qualified voters of said county for their ratification, and for other purposes.

Page 581

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That a dispensary system shall be established and maintained in the county of Randolph, and that it shall be unlawful to sell within the limits of said county of Randolph 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 shall do so shall be guilty of a misdemeanor, and on conviction, shall be punished as provided in section 1039 of the Penal Code of this State. No municipal authorities of any town in said county shall have authority to grant 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, as allowed under the general law of this State. Randolph county; dispensary SEC. 2. That the persons now holding the positions of commissioners of roads and revenues of Randolph county, and their successors in office, shall be known as the dispensary commissioners in and for said county of Randolph, and said commissioners are hereby constituted a body corporate under the name and style of commissioners of Randolph county, for the purpose of establishing and maintaining a dispensary or dispensaries in said county for the sale of spirituous, vinous and malt liquors and intoxicating bitters and cider. Said commissioners shall have power to elect from their board a chairman, and shall have power to sue and be sued, and plead and be impleaded in all the courts in this State. Said dispensary commissioners before entering upon the discharge of their duties shall take and subscribe before some qualified officer an oath to faithfully and honestly discharge all the duties imposed upon them by this Act. Dispensary commissioners, powers of. SEC. 3. That the ordinary of Randolph county shall be secretary and treasurer of said dispensary commissioners, and for his services as treasurer he shall receive one hundred dollars annually to be paid by the commissioners out of any money arising out of the dispensary or dispensaries, and shall give such bond as may be required by said board, with good security, to be approved by them, to account for all money that may come into his hands as such treasurer, and for the faithful performance of all duties required of him. Secretary and treasurer. SEC. 4. That the dispensary commissioners shall maintain at some suitable and convenient point within the fire limits of the city of Cuthbert a dispensary for the sale of spirituous, vinous

Page 582

and malt liquors and intoxicating bitters and ciders, and also one in each of the other incorporated towns in said county whenever they may be officially advised that the municipal authorities of either of said towns shall by proper ordinance or resolution determine that it is desirable to have a dispensary put in operation in said town or towns; provided that no dispensary shall be established except in incorporated towns. Said commissioners shall elect for each dispensary a suitable person, a citizen of the town in which the dispensary is located, to be known as dispensary manager, who shall have charge and control of said dispensary under their supervision, and who shall be subject to discharge and removal by them at pleasure. Said manager shall take and prescribe 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 that 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 be fixed at a certain sum per annum, and not be dependent on the amount of his sales. Location of dispensaries. 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 by 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. Disbursements. Sales. SEC. 6. That said dispensary commissioners shall from time to time make rules and regulations for the operation of said dispensary, or dispensaries, not to conflict with the provisions of this Act. The quantity of such spirituous, vinous or malt liquors or mtoxicating bitters or ciders to be sold to any one person at one time shall not exceed five gallons or be less than one-half of one pint, and none shall be drunk in the building or on the premises whereon the dispensary is located. Said dispensary shall not be opened before sunrise nor remain open after sunset on any day, and shall be closed on Sundays, election days and such other days

Page 583

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. Rules and 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 an original package is broken it shall be at once bottled and the bottle sealed. He shall make a monthly report to said commissioner showing the amount of sales for the preceding month and the stock on hand on the last day of said month. Said commissioners may cause an inspection and analysis of the stock on hand from time to time by a competent chemist, the expenses 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 may be removed from office, and any person or persons refusing to leave said dispensary or the premises on which it is located when so required, or 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 or dispensaries shall be maintained and operated from the profits arising from the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders; provided, that to inaugurate said dispensary or dispensaries and to purchase the first stock said board of dispensary commissioners are hereby authorized to borrow money or pledge the credit of the dispensary commissioners of Randolph county, said obligations to be paid out of the first profits realized from said dispensary or dispensaries. In no event shall the proceeds of one dispensary (in case more than one is established) be used in establishing or operating another, but each must be self-sustaining, or said commissioners shall discontinue any unproductive or unprofitable dispensary. Purchase of stock. SEC. 10. That said board of commissioners shall disburse the net proceeds of said dispensaries as follows: One half to the county treasurer of Randolph county, to be held as other funds belonging to said county, and one-half to the treasurer of the town in which is located the dispensary from which such net proceeds may be derived. Distribution of profits.

Page 584

SEC. 11. That this Act shall not go into effect until ratified by a majority of the voters of the said county of Randolph voting at an election to be held for that purpose, which election is hereby called and shall be held on Wednesday, October 18, 1905. 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, relative to the registration of voters, shall apply to said election, which shall otherwise be held under the same rules and regulations as are now prescribed by law for the holding of elections for members of the General Assembly of this State, except that the superintendents of election must send their certificates as to the number of votes cast for the dispensary and the number against it, together with all other papers of the election, including the ballots and the signed tally sheets and list of voters under seal to the ordinary of Randolph 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 effect. Ratification of this Act. SEC. 12. That all laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 11, 1905. ROCKDALE COUNTY, BOARD OF COMMISSIONERS, ELECTION TO ABOLISH. No. 502. An Act to repeal an Act to create a board of commissioners of roads and revenues for the county of Rockdale; 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, approved December 18, 1902; provided that this repealing Act shall not go into effect until ratified by the qualified voters of said county at an election to be held for that purpose, as herein provided. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, That the Act entitled an Act to create a board of commissioners of roads and revenues for the county of Rockdale, to provide for the election of members thereof by the qualified voters of said county, to define their powers

Page 585

and duties, and for other purposes, approved December 18, 1902, be, and the same is, hereby repealed. Rockdale county; Board of Commissioners, abolished. SEC. 2. Be it further enacted, That upon this Act becoming effective, as and when hereinafter provided, all the rights, powers and duties heretofore exercised by, imposed upon or discharged by the said board of commissioners of roads and revenues, be, and the same are, hereby imposed upon and made the rights, powers and duties of the ordinary of said county, and shall be assumed, exercised and discharged by him, under the general laws of this State prescribing the duties, rights and powers of ordinaries in county matters, and in the same manner as exercised by the ordinary of Rockdale county prior to the passage of the said Act creating said board of commissioners of roads and revenues. Ordinary succeeds commissioners. SEC. 3. Be it further enacted, That this repealing Act shall not go into effect until the same shall have been voted upon and ratified by the favorable vote of a majority of the qualified voters of said county, at an election to be ordered by the ordinary and held for that purpose on the first Tuesday of February, 1906. Said election shall be held under the same rules and regulations as are members for the General Assembly, and all qualified voters of said county qualified to vote under the last general registration list for said county, shall be qualified to vote in said election. Sixty days' notice of said election, and the object for which held, shall be given by the ordinary by publication in the newspaper in which the legal advertisements of said county are published, once a week. At said election the official ballots shall be furnished by the ordinary, and shall have printed on them For repeal of Act creating board of county commissioners, and Against repeal of Act creating board of county commissioners, and the voter shall erase For repeal, etc., or Against repeal, etc., accordingly as he wishes to vote. Ratification of this Act. SEC. 4. Be it further enacted, That the ordinary, clerk of the superior court and sheriff shall consolidate the returns of said election and declare the result. If the majority of the qualified voters of said county vote for the repeal of the Act creating the board of commissioners, then this Act shall become effective and go into effect on the second Wednesday in April, 1906, on which day said board of commissioners of roads and revenues shall cease to exist, and all their rights, powers and duties assumed, and on and after that day exercised and discharged by the ordinary of said county, the same as before the Act creating said board went into effect. Should a majority of the qualified voters of said county vote against said repeal of the Act creating said board of

Page 586

county commissioners, then this repealing Act shall not go into effect, but shall be null and void. Election returns. 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 23, 1905. SPALDING COUNTY, ELECTION OF COMMISSIONERS. No. 144. An Act to amend the Act of the Legislature approved February 5, 1873, providing for a board of commissioners of roads and revenues in and for Spalding county, so as to provide that at the next regular election for county commissioners one commissioner shall be elected for a term of two years, one commissioner shall be elected for a term of four years, and one commissioner shall be elected for a term of six years, and that every two years thereafter one commissioner shall be elected for a term of six years. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the Legislature approved February 5th, 1873, providing for a board of commissioners of roads and revenues in and for Spalding county, Ga., which adopts and makes applicable to Spalding county the Act of the Legislature assented to March 17, 1869, creating a board of commissioners of roads and revenues in and for Harris county, be, and the same is, hereby amended as follows: That from and after the passage of this Act, the portion of said Act adopted by Spalding county, known as section I, be amended so as to make the term of office of said commissioners six years instead of four years. Spalding county; Terms of commissioners SEC. 2. Be it further enacted, That from and after the passage of this Act, the Act of the Legislature approved February 5th, 1873, providing for said board of commissioners in and for Spalding county be amended by adding the following provision: At the next regular election for county commissioners in and for said county three commissioners, as provided for in said Act, shall be elected by the qualified voters of said county; one commissioners shall be elected for a term of two years, one commissioner shall be elected for a term of four years, and one commissioner shall be elected for a term of six years, and that every two

Page 587

years thereafter one commissioner shall be elected for a term of six years. Elections of commissioners. SEC. 3. Be it further enacted, That all Acts or parts of Acts in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 7, 1905. SPALDING COUNTY, MANUFACTURE OF SPRITUOUS LIQUORS PROHIBITED. No. 145. An Act to prohibit the manufacture of distilled or spirituous liquors of any kind from fruit, grain or other substance within the limits of Spalding county, Georgia; to provide a penalty for violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1906, it shall be unlawful for any person or persons to manufacture any distilled or spirituous liquors of any kind from fruit, grain or other substance within the limits of Spalding county, Georgia. Spalding county; manufacture of spirituous liquors prohibited SEC. 2. Be it further enacted, That any person or persons violating the provisions of this Act shall be punished as for other misdemeanors. Penalty. SEC. 3. Be it enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 22, 1905. WALTON COUNTY, ORDINARY, COMPENSATION. No. 500. An Act to fix the compensation of the ordinary of Walton county for attending to matters pertaining to roads and revenues in said county; to provide for the payment of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia,

Page 588

That from and after the passage of this Act, the ordinary of the county of Walton, for attending to matters pertaining to roads and revenues in said county, formerly performed by the board of county commissioners, before the same was abolished, shall be paid eight hundred dollars annually out of the county treasury of said county. Walton county; Compensation of ordinary. SEC. 2. Be it further enacted by the authority aforesaid, That the treasurer of said county shall pay said compensation on warrants drawn by said ordinary on the said treasurer, on funds raised for said purpose, as hereinafter provided. Payment. SEC. 3. Be it further enacted, That the said ordinary, when [Illegible Text] county taxes, shall assess so much, will the other county taxes, as will pay the said compensation for said ordinary as provided by this Act. 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 22, 1905. WALTON COUNTY, OFFICERS OF COURT, FEES OF No. 432. An Act to authorize the county authorities of Walton county to pay the legal costs due the officers in misdemeanor cases convicted in said county, when such convicts are put to work to serve out their sentence in the chaingang of said county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the ordinary or such other county authorities of said county of Walton who may have charge of the revenues of said county, shall pay to the officers of the city court of Monroe and superior court of Walton county, including the constable and magistrate, their legal bill of cost in each misdemeanor case tried in said courts when there is a conviction and the convict is placed to work in the county chaingang; provided that said bill of cost shall first be approved by the judge of said court; and provided, that there are no insolvent costs in the fund derived from said court with which to pay the same. Walton county; Court costs in misdemeanor cases.

Page 589

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 22, 1905. WARE COUNTY, ELECTION OF COMMISSIONERS. No. 516. An Act to change the method of selecting the board of commissioners of roads and revenues for Ware county, Georgia, so as to elect said board by the qualified voters of Ware county; to provide for filling vacancies on said board, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That W. S. Booth, of Ware county, Georgia, who is now a member of the board of commissioners of roads and revenues for Ware county, shall hold office until the first day of January, 1907, and until his successor is elected and qualified; that at the next general election for county officers of Ware county to be held in October, 1906, a successor to the said W. S. Booth shall be elected by the voters of Ware county, as other county officers are elected, to hold office for a term of six years from January first, 1907; that W. A. Carson, another member of said board of commissioners of roads and revenues for Ware county, shall hold his office until the first day of January, 1909, and until his successor is elected and qualified; that a successor to said W. A. Carson shall be elected by the voters of Ware county at the general election for county officers, held in October, 1908, as other county officers are elected, to hold office for a term of six years from January first, 1909; that D.H. Bennett, another member of the board of commissioners of roads and revenues for Ware county, shall hold office until the first day of January, 1911, and until his successor is elected and qualified; that at the general election for county officers of Ware county, to be held in October, 1910, a successor to the said D. H. Bennett shall be elected as other county officers are elected, and shall hold office for a term of six years from the first day of January, 1911; that as the terms of the several members of said board of commissioners expire, their successors shall be elected, commissioned

Page 590

and qualified as other county officers of Ware county; that all vacancies shall be filled by the remaining commissioners, and such person or persons so chosen shall be commissioned by the Governor of Georgia to hold office until the first day of January next succeeding a general election for county officers of said county of Ware, at which general election a member, or members, shall be elected to fill the unexpired term, or terms, if any. Ware county; election of commissioners. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act, and especially all parts of an Act to create a board of commissioners of roads and revenues for Ware county, Georgia, approved September 14, 1891, be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. WARREN COUNTY, HIRE OF CONVICTS. No. 207. An Act to repeal an Act entitled an Act to appropriate the proceeds of the hire of misdemeanor convicts in the counties composing the northern judicial circuit to the payment of the costs accruing to the officers of the court in which the conviction was had, and for distribution on the insolvent costs, approved October the 15th, 1887, so far as said Act relates to Warren county. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act entitled an Act to appropriate the proceeds of the hire of misdemeanor convicts in the counties composing the northern judicial circuit to the payment of the costs accruing to the officers of court in which the conviction was had, and for distribution on the insolvent costs, approved October the 15th, 1887, so far as said Act relates to Warren county, be, and the same is, hereby repealed. Warren county; hire of convicts 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 21, 1905.

Page 591

WARREN COUNTY, ROAD BONDS. No. 91. An Act to authorize and empower the board of commissioners of roads and public buildings and public property and finances of Warren county, Georgia, to issue bonds of said county for the purpose of raising a fund for working and building the public roads and for repairing and building the public bridges of said county, and to levy a tax within the limits prescribed by law for the purpose of paying the interest on said bonds, and creating a sinking fund for the redemption of the same after such authority shall have been approved by a two-thirds vote of the people of Warren county as prescribed by law, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the board of commissioners of roads, public buildings and public property and finances of Warren county, Georgia, be, and they are, hereby authorized to issue and sell bonds of Warren county not to exceed the sum of fifteen thousand dollars for the purpose of raising a fund to work the public roads and to repair and build the public bridges of the county of Warren, after such authority is approved by a vote of two-thirds of the qualified voters of said county, at an election called for that purpose, as required by law. Said election shall be held and returns thereof made in the same manner as elections are held for members of the Legislature. All persons voting at said election shall have written or printed on their ballots the words For issuing bonds, or the words Against issuing bonds; and, if upon consolidation of the votes, it appears that two-thirds of the qualified voters of said county voted for issuing bonds, then said commissioners are hereby authorized to issue and sell the bonds of Warren county, not to exceed the sum of fifteen thousand dollars, and to provide for the payment of the interest and principal of the same. Warren county, road bonds, election for. SEC. 2. Be it further enacted by the authority aforesaid, That at or before the issuing of said bonds the said commissioners shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest on said bonds within thirty years from the date of issue. The fund raised from the sale of said bonds, which shall bear interest not exceeding six per cent., and shall not sell for less than par, shall

Page 592

be a supplemental fund for road purposes to be disbursed by the said commissioners as other funds raised in said county for road purposes. The tax levied by said commissioners for the purpose of raising money to pay the annual interest on said bonds and to retire the principal of said bonds as they mature, shall not exceed the present legal limit of two-tenths of one per cent. on the taxable property of Warren county. Tax to pay bonds. SEC. 3. Be it further enacted by the authority aforesaid, That the bonds issued under this Act shall run not exceeding thirty years, and shall be in denominations of two hundred and fifty dollars each, and all to have interest coupons attached. Said bonds shall be signed by the chairman of the board of commissioners of Warren county and by the clerk of said board. The coupons attached to said bonds shall be signed in the same manner as the bonds. Said commissioners may make said bonds payable in Warren county or elsewhere, according to convenience, and as may be to the best interest of the county. Description of bonds. SEC. 4. Be it further enacted by the authority aforesaid, That bonds issued under this Act shall mature and be paid as follows: 4 of $250.00 each on January the first, 1910; 4 of $250.00 each on January the first, 1914; 4 of $250 each on January the first, 1918; 4 of $250.00 each on January the first, 1920; 4 of $250.00 each on January the first, 1922; 6 of $250.00 each on January the first, 1924; 6 of $250.00 each on January the first, 1926; 8 of $250.00 each on January the first, 1928; 8 of $250.00 each on January the first, 1930; 8 of $250.00 each on January the first, 1932; 4 of $250.00 each on January the first, 1933. Maturity of bonds. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioners shall raise by taxation on the taxable property of the citizens of said county the sum of nine hundred dollars annually between the dates of January the first, 1906, and January the first, 1910, with which to pay the annual interest on said bonds, and shall raise an additional sum between said dates of two hundred and fifty dollars per year with which to retire the bonds maturing January the first, 1910. They shall raise the sum of eight hundred and forty dollars annually between the dates of January the first, 1910, and January the first, 1914, with which to pay the annual interest on said bonds, and shall raise an additional sum between said dates of two hundred and fifty dollars per year with which to retire the bonds maturing January the first, 1914. They shall raise the sum of seven hundred and eighty dollars annually between the dates of January first, 1914, and January the first, 1918, with which to pay the annual interest

Page 593

on said bonds, and shall raise an additional sum between said dates of two hundred and fifty dollars per year with which to retire the bonds maturing January the first, 1918. They shall raise the sum of seven hundred and twenty dollars annually between the dates of January the first, 1918, and January the first, 1920, with which to pay the annual interest on said bonds, and shall raise an additional sum between said dates of five hundred dollars per year with which to retire the bonds maturing January the first, 1920. They shall raise the sum of six hundred and sixty dollars annually between the dates of January the first, 1920, and January the first, 1922, with which to pay the annual interest on said bonds, and shall raise an additional sum between said dates of five hundred dollars with which to retire the bonds maturing January the first, 1922. They shall raise the sum of six hundred dollars annually between the dates of January the first, 1922, and January the first, 1924, with which to pay the annual interest on said bonds, and shall raise an additional sum between said dates of seven hundred and fifty dollars per year with which to retire the bonds maturing January the first, 1924. They shall raise the sum of five hundred and ten dollars annually between the dates of January the first, 1924, and January the first, 1926, with which to pay the annual interest on said bonds, and shall raise an additional sum between said dates of seven hundred and fifty dollars per year with which to retire the bonds maturing January the first, 1926. They shall raise the sum of four hundred and twenty dollars annually between the dates of January the first, 1926, and January the first, 1928, with which to pay the interest on said bonds, and shall raise an additional sum between said dates of one thousand dollars per year with which to retire the bonds maturing January the first, 1928. They shall raise the sum of three hundred dollars annually between the dates of January the first, 1928, and January the first, [Illegible Text] with which to pay the interest on said bonds, and shall raise an additional sum between said dates of one thousand dollars per year with which to retire the bonds maturing January the first, 1930. They shall raise the sum of one hundred and eighty dollars annually between the dates of January the first, 1930, and January the first, 1932, with which to pay the annual interest on said bonds, and shall raise an additional sum between said dates of one thousand dollars per year with which to retire the bonds maturing January the first, 1932. They shall raise the sum of sixty dollars between January the first, 1932, and January the first, 1933, with which to pay the interest on said bonds, and shall raise an additional sum between said dates of one thousand

Page 594

dollars with which to retire the bonds maturing January the first, 1933. Tax to pay principal and interest on bonds. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners of Warren county on the adoption of said Act by a two-thirds vote as required by law are hereby authorized and required to levy and collect such tax upon the taxable property of the citizens of said county as will be necessary to carry into full effect the provisions of this Act. Tax to give effect to this Act. SEC. 7. Be it further enacted by the authority aforesaid, That for the purpose of providing for the payment of the principal and interest due on said bonds the said commissioners of Warren county may each year set aside the amount specified and raised in accordance with section five of this Act. The amounts raised for interest shall be applied annually to the interest due on said bonds, and the amounts raised for principal shall be held in the treasury until the maturity of the bonds for which said sums were raised and then applied to the payment of the bonds. Said fund shall not be mixed with any other funds belonging to Warren county. Sinking fund. SEC. 8. Be it further enacted by the authority aforesaid, That this Act shall in no way change or affect the authority of the commissioners of Warren county to levy and collect a commutation tax for road purposes, or a property tax under the alternative road law, but the property tax levied by said commissioners and the tax levied to pay the interest and principal on the bonds provided for in this Act shall not exceed the legal limit specified in the alternative road law. Commutation tax. 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 22, 1905.

Page 595

UPSON COUNTY, MANUFACTURE OF SPIRITUOUS LIQUORS PROHIBITED. No. 114. An Act to make it unlawful to distill, manufacture, make or produce any alcoholic, spirituous, malt, or intoxicating liquors from grains, from and after December 31, 1905, in the county of Upson, and prescribing a penalty for same. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after December 31, 1905, it shall be unlawful to distill, manufacture, make or produce from grains, any alcoholic, spirituous, malt or intoxicating liquors in the county of Upson. Upson county; manufaciacture of liquors in, prohibited SEC. 2. Be it further enacted, That any person or persons, firm or corporations, their agents or employees, violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. Penalty SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. ROURKE, JOHN, TITLE TO LAND CONVEYED BY SAVANNAH, CONFIRMED. No. 555. An Act to confirm the title of John Rourke to those certain parcels of land conveyed to him by the mayor and aldermen of the city of Savannah by deed bearing date of July 12, 1898, and for other purposes. SECTION 1. Whereas, The mayor and aldermen of the city of Savannah did on the 12th day of July, 1898, for a valuable and sufficient consideration convey to John Rourke the following parcels of land in the county of Chatham, and city of Savannah, to wit: All that portion of Reynolds street from Bay street to the waters of the Savannah river, save such portion thereof as is necessary for River street, 50 feet wide, from the western to the eastern line of what was on July 12, 1898, Reynolds street, connecting

Page 596

with River street, as projected diagonally through the land of John Rourke, said land being fully described in the deed of said mayor and aldermen of the city of Savannah to said John Rourke, bearing date July 12, 1898, to which said deed reference is hereby had for description. Title to land conveyed by city of Savannah, confirmed. SEC. 2. And whereas, it is proper and necessary that the title of said John Rourke under said deed should be ratified and confirmed; therefore, be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That the title of the said John Rourke to the above described land be, and the same is, hereby ratified and confirmed, subject, however, to all the limitations and conditions contained in said deed. 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 23, 1905. CARLTON, WILLIAM A., FOR RELIEF OF No. 452. An Act for the relief of William A. Carlton, and to provide for the refunding of certain State taxes erroneously assessed against and collected from him. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there be refunded to William A. Carlton, of Clarke county, the sum of one hundred and thirty-six and [UNK] dollars, the same being amount of State taxes erroneously assessed against and collected from him on that part of his farm or plantation in Clarke county, to wit: One hundred and forty (140) acres that lie within the corporate limits of the city of Athens, for the years 1894, 1896, 1897, 1898, 1899, 1900 and 1901. Said property through error of the receiver of tax returns of said Clarke county having been twice or doubly assessed for State and county taxes for the years above mentioned; and the authorities of Clarke county having refunded to said Carlton the county taxes so erroneously assessed against him for said years. Tax refunded to Wm. A. Carlton. SEC. 2. Be it further enacted by the authority aforesaid, That the Governor be authorized to draw his warrant on the treasurer in favor of the said William A. Carlton for said sum of one hundred and thirty-six and [UNK] dollars, to be paid out of any money in the treasury not otherwise appropriated. Approved August 23, 1905.

Page 597

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

Page 599

TITLE I. MUNICIPAL CORPORATIONS. ACTS. Adairsville, election for light and water bonds. Albany, assessments for street improvements. Albany, corporate limits extended. Arlington, charter amended. Atlanta, charter amended. Augusta, charter amended. Austell, new charter. Avera, special or license tax. Ball Ground, license to sell liquors. Baxley, charter amended. Blackshear, new charter. Blakely, act establishing dispensary, amended. Bogart, town of, incorporated. Brunswick, charter amended. Brunswick, charter amended. Buena Vista, waterworks bonds. Buena Vista, sinking fund to pay bonds. Byromville, town of, incorporated. Camak, school tax. Camilla, charter amended. Campton, town of, incorporated. Canton, charter amended. Carrollton, tax returns. Chipley, charter amended. Clarkesville, charter amended. Clarkston, charter amended. Climax, town of, incorporated. Cobbtown, town of, incorporated. Cohutta, charter repealed. Collins, town of, charter repealed. Collins, city of, incorporated. Columbus, charter amended. Columbus, charter amended. Colquitt, city of, incorporated. Comer, corporate limits extended. Cornelia, charter amended. Dacula, town of, incorporated.

Page 600

Dallas, charter amended. Danville, town of, incorporated. Dawson, charter amended. Decatur, charter amended. Dublin, new charter. Eastman, city of, incorporated. East Point, corporate limits, extended. East Rome, charter amended. Edgewood, charter amended. Elberton, charter amended. Fitzgerald, charter amended. Forsyth, charter amended. Garfield, town of, incorporated. Glennville, city of, incorporated. Good Hope, town of, incorporated. Graymont, town of, charter repealed. Graymont, city of, incorporated. Graysville, town of, incorporated. Griffin, tax-collector and sanitary inspector. Griffin, charter amended. Guyton, school house and artesian well. Haddock, town of, incorporated. Hawkinsville, charter amended. Hawkinsville, charter amended. Hiram, charter amended. Hogansville, waterworks and electric lights. Howell, town of, incorporated. Hull, town of, incorporated. Jeffersonville, town of, charter repealed. Jeffersonville, city of, incorporated. Jenkinsburg, charter amended. Jersey, town of, incorporated. Kirkwood, registration of voters. LaGrange, dispensary law of, amended. Lawrenceville, corporate limits extended. Lawrenceville, sale of intoxicating liquors. Leesburg, charter amended. Lela, town of, incorporated. Leslie, charter amended. Linwood, charter amended. Loganville, town of, incorporated. Loganville, charter repealed. Lovejoy, charter amended. Ludowici, town of, incorporated. Lula, new charter. Macon, charter amended. Macon, appropriation for libraries Marietta, bonds for sewerage. Marietta, bonds for electric lights. Maysville, charter amended. Maysville, corporate limits extended. Maysville, public school law repealed Maples, charter amended. Meigs, town of, charter repealed. Meigs, town of, incorporated. Milledgeville, system of sewerage. Millwood, town of, incorporated. Molena, city of, incorporated. Newnan, board of health.

Page 601

Ocilla, corporate limits extended. Odessadale, town of, incorporated. Omega, town of, new charter. Pelham, dispensary. Pelham, charter amended. Pembroke, town of, incorporated. Pitts, town of, incorporated. Powder Springs, charter amended. Pulaski, town of, incorporated. Quitman, new charter. Reidsville, town of, charter repealed. Reidsville, city of, incorporated. Rentz, town of, incorporated. Ringgold, charter amended. Rome, bonds for electric lights. Rome, corporate limits extended. Rome, lease of Fourth avenue. Rome, dispensary law amended. Rossville, city of, incorporated. Royston, town of, charter repealed. Royston, city of, incorporated. Savannah, sale of Thirty-second street. Smithsonia, town of, incorporated. Sparta, town of, charter repealed. Sparta, city of, incorporated. Statham, charter amended. Stillmore, town of, charter repealed. Stillmore, city of, incorporated. Summit, town of, charter repealed. Summit, city of, incorporated. Sylvester, charter amended. Tallapoosa, charter amended. Trenton, sale of liquors. Tybee, streets and avenues to be conveyed to United States. Tybee, sale of the Strand. Vienna, charter amended. Wadley, charter amended. Walnut Grove, town of, incorporated. Waycross, school bonds. Waycross, charter amended. Waycross, charter amended. Warrenton, school bonds. Warwick, town of, incorporated. Whigham, charter amended. Woodbury, charter amended. Wrens, charter amended.

Page 602

ADAIRSVILLE, ELECTION FOR LIGHT AND WATER BONDS. No. 487. An Act to authorize and empower the town council of the town of Adairsville, in Bartow county, Georgia, to order an election held therein to determine whether or not bonds shall be issued by said town of Adairsville in a sum not to exceed twenty thousand dollars, and the same to be sold, and the proceeds thereof, or such portion thereof as may be necessary, to be used for the purpose of establishing, building, maintaining or purchasing and operating a system of electric lights or water-works or both should the people of the town of Adairsville so desire, and to authorize the issuing said bonds, selling the same and the assessing, levying and collecting a tax on all property, both real and personal on the property of said town of Adairsville for the purpose of paying the interest on said bonds as well as the principal thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That after the passage of this Act the town council of the town of Adairsville shall submit to the qualified voters of said town under the provisions of the Code of Georgia of 1895, sections 377 to 381 inclusive, the question of issuing bonds in a sum not to exceed twenty thousand dollars and the same or such portion thereof as may be necessary to be sold for the purpose of establishing, building, maintaining and operating a system of waterworks for said town of Adairsville and a system of electric lights for the same; provided, that it is hereby left discretionary with the mayor and council of said town of Adairsville as to whether or not they will order an election submitting to the qualified voters of said town of Adairsville the question of issuing bonds for the building and maintaining of a system of electric lights. And in the event said town council of Adairsville shall order an election submitting both the question of issuing bonds for waterworks and electric lights then the ballots shall be written or printed, For waterworks and electric light bonds or Against waterworks and electric light bonds. And if the election shall be ordered for waterworks bonds only, then the ballots shall be written For waterworks bonds or Against waterworks bonds. Adairsville; election for waterworks and electric light bonds.

Page 603

SEC. 2. Be it further enacted, That should the said election herein provided for be in favor of bonds for waterworks and electric lights or for waterworks only, as the case may be, then the said town council of the town of Adairsville shall be and is hereby authorized to issue said bonds for the purpose set forth in section one of this Act, in a sum not to exceed twenty thousand dollars in the aggregate, each of said bonds to be in such sum as said town council of said town may designate; provided, the same be not less than one hundred dollars each and not more than one thousand dollars each; and said bonds are to run for a period not to exceed thirty years with interest thereon at a rate not to exceed six per cent. per annum, said interest to be paid annually or semi-annually, as said town council may elect and direct and at such place or places as said council may designate. Issuance of bonds. SEC. 3. Be it further enacted, That said town council of Adairsville 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 town council shall deem it best and most conducive to the interest of the town of Adairsville, 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 the principal of said bonds is matured at the expiration of the time for which they are issued. Bonds, when payable. SEC. 4. Be it further enacted, That said bonds shall be signed by the mayor and clerk and treasurer of said town of Adairsville under its corporate seal and shall be sold, hypothecated or disposed of to the very best advantage and interest of said town of Adairsville, as may be determined by said town council of said town of Adairsville, and the proceeds thereof used for the purposes set forth in section 1 of this Act. Disposition of bonds. SEC. 5. Be it further enacted, That the system of waterworks and electric lights herein provided for shall be located at such place or places, maintained and operated in such manner and style as such town council shall deem for the best interest of said town and its citizens, and that will be most conductive to a full economic supply of good water and good lights for the use of said town and the citizens thereof. Location of electric plant and water works. SEC. 6. Be it further enacted, That said town council of said town shall have full and ample power to make any and all rules, regulations and ordinances relative to said waterworks and electric lights and the use of said water and lights by the citizens

Page 604

of said town that they may deem right and proper; provided, only that the same are not repugnant to the Constitution and laws of this State. Rules and regulations SEC. 7. Be it further enacted, That the town council of the town of Adairsville are hereby authorized and empowered to sell water and lights to consumers, to charge therefor such sum as the said town council may deem just and proper for the use of said water or said lights, the proceeds of the sale of said water and said lights to be used in maintaining said system and operating the same, and if any profit should be derived from the sale of said water and lights, same is to be applied to the payment of interest and principal of said bonds. Sales of water and light. SEC. 8. Be it further enacted, That the said town council 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 sums as they may deem right and proper for the specific purpose of paying the interest on said bonds, and accumulating a fund for the payment of the principal on said bonds on maturity of said bonds, or at such times as said town council may have fixed for the payments of the principal of said bonds. Tax to pay principal and interest on bonds. SEC. 9. Be it further enacted, That the town council of said town is hereby authorized and empowered in lieu of making payments on the principal of said bonds before maturity thereof, to make such deposits, loans or other disposition of the money raised annually for the payment of the principal on said bonds as will secure interest on such money and insure its safety to be forthcoming to meet the said bonded indebtedness of said city at its maturity, and thus annually provide a sinking fund for said purpose of paying the principal on said bonds when all have matured. Sinking fund. SEC. 10. Be it further enacted, That if the election herein provided for should be against issuing of said bonds, then and in that event the town council of said town of Adairsville may at their own instance, and shall on the application in writing of any ten freeholders of said town at any time hereafter, order another election under the provisions of this Act; provided, only said election shall not be held oftener than every six months. Other elections. SEC. 11. 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 23, 1905.

Page 605

ALBANY, ASSESSMENTS FOR STREET IMPROVEMENTS. No. 87. An Act to provide a method for paving the streets of the city of Albany, by charging a proportion part of the cost thereof against the adjacent property-owner, according to the frontage; to provide for the collection of such paving assessments, 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 in all cases where the city of Albany has, under existing laws, the authority to pave, macadamize, curb, or otherwise improve for travel or drainage, any of its streets, or any portion of any of its streets, and to repair or repave same, said city be, and it is, hereby empowered to assess one-half of the total cost of such improvements as they are, by existing law, authorized to make, against the owners of property abutting on each side of the street improved, according to frontage, thereon. Albany; assessments for street improvements. SEC. 2. Be it further enacted, That said city be, and it is, hereby empowered to enforce the payment of the assessments herein provided for by execution against the abutting property and against the owner of same, which execution shall be issued and levied like executions for taxes, under existing ordinances, or such as may be hereafter made applicable to the subject, and said property shall be sold in the same manner and shall be subject to all the incidents of purchase by the city, and redemption by the owner, et cetera, as provided by section 732, et seq., of the Georgia Code of 1895, and amendments thereto; provided, however, that to an execution, issued under the provisions of this section, the defendant shall have the right to file an affidavit denying that the whole or any part of the amount, for which execution issued, is due, and the reasons why same is not due by defendant, and stating what amount is admitted to be due, which amount so admitted shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and such affidavit so received shall be returned to the superior court of Dougherty county and there tried, and the issue determined as in case of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. Assessments, how collected.

Page 606

SEC. 3. Be it further enacted, 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 15, 1905. ALBANY, CORPORATE LIMITS EXTENDED. No. 86. An Act to change and extend the corporate limits of the city of Albany by the incorporation of contiguous territory, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the corporate limits of the city of Albany, Georgia, shall be changed and extended so as to include the following described contiguous territory, which shall, when incorporated, be in every manner subject to the jurisdiction and laws of said city: Beginning at the north-west corner of Society and Monroe streets, thence east along the north line of Society street to the west line of the fairgrounds, thence due north along said line (1,420[prime]) fourteen hundred and twenty feet to the north line of said fair-grounds, thence due west to the east line of Washington street extended, thence due north to the north line of that tract of land known as North Albany (or Acadia), thence due west along said line to the west line of the Palmyra road, thence south along the said west line of the Palmyra road to the southwest corner of Monroe street extended, and Second street, in North Albany, and thence due south along said west line of Monroe extended to the starting point. Also, beginning at the northwest corner of Society and Monroe streets, thence north along the west line of Moroe street extended to the southwest corner of Second street in North Albany, thence west along the south line of Second street to the present corporate limits of the city of Albany, thence on a continuation of this line due west to a point (1,400[prime]) fourteen hundred feet distant from said present corporate limits, thence due south to a point (600[prime]) six hundred feet south of the present southern corporate limits, thence due east to the east bank of the Flint river, thence north along said bank at low water mark to the south line of the present corporate limits. Albany; corporate limits extended.

Page 607

SEC. 2. Be it further enacted, 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 15, 1905. ARLINGTON, CHARTER AMENDED. No. 557. An Act to amend an Act entitled an Act to provide a new charter incorporating the town of Arlington, in the counties of Calhoun and Early, and to repeal the present charter, and to grant certain powers and privileges to said town, and for other purposes, approved October the 9th, 1891, said present Act providing amendments as follows: To extend the corporate limits of said town; to authorize the mayor and council to call an election to submit the question of issuing bonds for the purpose of installing and maintaining a system of waterworks and an electric light plant; to authorize the mayor and council to collect an ad valorem tax not to exceed one per cent, on all taxable property in said town; to provide for the registration of voters in all elections to be held in said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act establishing the new charter for the town of Arlington, approved October the 9th, 1891, be, and the same is, hereby amended, as follows: That section 2 of the said charter be amended so that the corporate limits of the town of Arlington shall be changed and extended, so that after the passage of this Act said corporate limits of said town of Arlington shall extend two miles east and west, and two miles north and south, one mile east and one mile west from the Central of Georgia railway depot, in said town, and one mile north and one mile south from said Central of Georgia railway depot, forming a square with the Central of Georgia railway depot in the center, and containing four square miles. And the jurisdiction and all the charter rights and powers of the mayor and aldermen of said town of Arlington, for all purposes, are hereby extended to and over said territory, and all ordinances, resolutions, rules and regulations of the mayor and aldermen of

Page 608

said town, and all the rules and regulations that may hereafter be enacted, shall be of full force in said territory above described. Arlington, corporate limits extended. SEC. 2. Be it further enacted, That the mayor and aldermen of the town of Arlington shall have power and authority to provide for the erection, installation and maintenance of a system of waterworks and an electric light plant within said town. Waterworks and electric lights. SEC. 3. Be it further enacted, That the mayor and aldermen of said town shall have power and authority to issue bonds of said town for the purpose mentioned in the preceding section, not to exceed in the aggregate the sum of twenty-five thousand dollars, of such denomination or denominations, payable at such time or times not more than thirty years from date to issue, as said mayor and aldermen may determine and with such rate of interest not exceeding six per cent., and have such covenants and conditions as the mayor and aldermen may deem best. Said bonds to be issued and sold for the purpose of installing, maintaining and operating or contracting with other persons or corporations for the establishment, maintaining and operating a system of waterworks and an electric light plant in said town. Said bonds to be signed by the mayor and countersigned by the clerk of the town council, under the corporate seal of said town, and shall be negotiated in such manner as said mayor and aldermen shall determine to be for the best interest of said town; 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 qualified voters of said town, and approved by a two-thirds vote of the qualified voters of said town, as hereinafter provided. Bonds for waterworks and electric lights. SEC. 4. Be it further enacted, That whenever it is deemed expedient or desirable by the mayor and aldermen of said town to issue bonds as prescribed in the preceding section, said mayor and council shall order an election to be held in said town for the purpose of determining whether any or all of said bonds, as such order may recite, shall be issued. Said mayor and aldermen shall give notice thereof thirty days next preceding the day of election in a newspaper published in said town, notifying the qualified voters of the town of Arlington that on a day named an election will be held in said town to determine the question whether bonds shall be issued by said town. 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 is to be paid annually, and when said bonds shall be fully paid off. Said

Page 609

election shall be held on the day named in the notice, at the place for holding elections for mayor and aldermen of said town, and shall be held in the same manner and under the same rules and regulations that elections for mayor and aldermen of said town are held; that the voting in said election shall be by ballot, and the ballots cast at said election shall contain the words, For bonds, or Against bonds, and unless For bonds shall receive two-thirds majority of the qualified voters of said town said bonds shall not be issued. But if For bonds shall receive said two-thirds majority vote, said bonds shall be issued. The test of qualified voters shall be determined from the registration list for said bond election. The managers of said election shall certify the result of said election in writing, and turn said certificate over to the clerk of the town council, and the same shall be declared by the mayor and aldermen of said town, and placed on the minutes by the clerk. Election for bonds. SEC. 5. Be it further enacted, That if at the first election held under the provisions of the preceding sections for the purposes therein named, the necessary two-thirds of the qualified voters do not give their assent to the issuance of said bonds, then it shall be lawful for the mayor and board of aldermen of said town within six months after the first election thereon to again in the same manner submit the question of bonds to the qualified voters of said town. Other elections. SEC. 6. Be it further enacted, That the mayor and board of aldermen of said town may issue bonds in addition to the bonds already provided for, and they are hereby authorized to do so, under the same rules, regulations and restrictions as prescribed in the foregoing sections, in a sum not to exceed ten thousand dollars, whenever they shall deem it proper and expedient so to do, for the purpose of making any public improvement or improvements for the benefit of said town. Bonds for improvements. SEC. 7. Be it further enacted, That from and after the passage of this Act, section 15 of the Act approved October 9, 1891, providing for the new charter of Arlington, be amended as follows: By striking the words one-half of in the seventh line thereof, so that when said section is amended it will read as follows: Section 15. Be it further enacted, That said corporation shall have full power to assess, levy and collect taxes upon the real estate and personal property within the corporate limits of said town as they shall deem necessary for the support and government of said town, not inconsistent with the laws and Constitution of this State; provided, said ad valorem tax shall

Page 610

not exceed one per cent., and also such tax on trades, business occupations, theatrical exhibitions or other performances exercised, performed or exhibited within the corporate limits of said town as may be deemed proper, and to fix and collect such tax on circuses, menageries and all shows domestic or wild animals as may be deemed proper by said mayor and aldermen. Municipal taxes. SEC. 8. Be it further enacted, That in all town elections held in said town for any purpose whatever, no voter shall be allowed to vote in said elections unless such voter has registered as hereinafter provided. Registration of voters. SEC. 9. Be it further enacted, That the clerk of the board of aldermen of said town shall keep a book in which voters of said town shall register their names and ages, or if the person who desires to register can not write his name, the clerk shall sign his name for him in said book, the person swearing and subscribing to the same: I do solemnly swear that I am twenty-one years of age, or that I will be by the time of the election now next to be held in said town; I have resided in the State of Georgia twelve months, or will have resided in said State twelve months by the time of said election; I have resided in the town of Arlington, or will have resided in said town six months by the time of said election; I have paid all taxes, State, county and municipal, required of me, except for the present year, since 1877, and I am not otherwise disqualified to vote in said election. Oath of voters. SEC. 10. Be it further enacted, That said clerk of said town council shall open said registration books thirty days before any election to be held in and for said town of Arlington, and proceed to register the voters of said town as already provided and shall keep said registration books open until ten days before the town election, when he shall close said books and allow no other person to register, and shall immediately file said books of registered voters with the registrars of said town hereinafter provided for, and said clerk shall write his certificate at the close of said list of registered voters so registered, stating that same is a true and correct list of all the voters registered by him, and that he has not allowed any one to register that was not, in his opinion, entitled to register and vote under the laws of said town in the election next to be held. Registration list. SEC. 11. Be it further enacted, That as soon as this Act shall become a law it shall be the duty of the mayor and aldermen of said town at a regular meeting thereof, or at an adjourned meeting thereof, and annually thereafter, to elect by ballot three registrars

Page 611

for said town. Said registrars shall be upright and intelligent freeholders of said town, who are entitled to register and vote in the next ensuing election to be held in said town, and so far as possible, shall be non-partisan. No person acting as such registrars shall be a candidate for mayor or aldermen, or any office under them during the next ensuing term of office, and if at any time it shall appear that all the registrars are from one conflicting political interest or party, then the said mayor and board of aldermen of said town shall at once remove one of said registrars and appoint a successor, so as to maintain a bi-partisan board. Registrars SEC. 12. Be it further enacted, That said registrars, before entering upon their duties, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as such registrars. Said oath shall be filed with the clerk of the board of aldermen, and entered upon the book of minutes. As soon as the list of voters is turned over to the said registrars by the clerk of the board of aldermen and as hereinbefore provided, said registrars shall appoint a time when they, in open session, in council chambers, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have five days' personal notice, if in the town, or if not in the town, then five day's notice by leaving a copy at his residence, of the time and place of hearing, and of the grounds of challenge, and the registrars shall sit as a court to review said case, and may subp[oelig]na witnesses, hear evidence, and determine whether in law such names should remain or be stricken. They shall also hear all complaints of any one who has been refused registration, hear evidence, and determine whether such applicants should be allowed to register. Said registrars may on their own motion review the list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard, as hereinbefore provided. All actions of the registrars in revising the lists of voters must be in public in the council chamber. In making said registration list, and revising said work, the registrars shall examine the grounds of disqualification of voters, including criminal records, insolvent tax list, tax digests, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register, and shall strike no one off said list who is entitled to register and vote. Oath of registrars. Revision of registration list. SEC. 13. Be it further enacted, That after such registrars have

Page 612

fully completed their work in revising the registration list, they shall carefully and plainly make, or cause to be made, two alphabetical lists, exactly the same, giving name, age, occupation, color and residence of each voter, and shall certify to the correctness of each list and date and sign the same officially. They shall file one copy with the clerk of the board of aldermen for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark and sign on the outside officially, and deliver to the clerk of the board of aldermen, to be by him kept unopened until the day of the election, and then hand it to the managers of said election. Said registrars shall also at the same time, turn back to the clerk of the board of aldermen the book original entries of the persons registering and their oaths, and these shall remain in his office at all times, subject to the inspection of any parties at interest. Revised lists. SEC. 14. Be it further enacted, That on the morning of any town election day the election managers, when organized, ready for receiving votes, shall receive said registration list from the clerk of the board of aldermen, sealed as aforesaid and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. After said election said registration list shall be sealed up, distinctly marked and signed on the outside by the managers officially, and returned to the clerk of the board of aldermen for safe-keeping. He shall keep the same without opening it. If there shall be within the next year any special election for mayor or aldermen to fill an unexpired term, or for any other purpose, said list shall be used in said election in the same way, except that the clerk of the board of aldermen may be authorized to receive additional registration for as long as ten days prior to any special election, as the mayor and aldermen may order. After such special election, such registry list shall be sealed and returned to the clerk of the board of aldermen, to be kept unopened, as before provided. Should there be any contest growing out of any election, said list may be produced by the clerk of the board of aldermen as required by the court. When the occasion for such production is ended it is to be returned as before provided. Elections; voters. SEC. 15. Be it further enacted, That any person who shall register illegally under this Act, or be guilty of a violation of any of the provisions of section 625 of the Penal Code of Georgia of 1895, in registering under this Act, shall be guilty of a misdemeanor. Penalty for illegal registration. SEC. 16. Be it further enacted, That should the clerk of the

Page 613

board of aldermen or the registrars wilfully refuse to permit any person to register who is entitled to register under this Act, or fail to enter the name of any such person upon the book to be kept for the purpose, or should illegally erase the name of any such person from such book, or the lists to be prepared for holding such election, or shall wilfully enter the name of any person or persons on such lists who are not entitled to register, then such clerk or registrars so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. Penalty for illegally refusing registration. SEC. 17. Be it further enacted, That the mayor and board of aldermen of said town shall have power and authority to fix the compensation of registrars and to pay the same. Compensation of registrars. 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 24, 1905. ATLANTA, CHARTER AMENDED. No. 242. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereto, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereto, be, and the same are, hereby amended as follows: SECTION 1. That the mayor and general council of the city of Atlanta be, and they are, hereby authorized, in their discretion, to increase the salaries of the commissioner of public works, of city tax-collector, and general manager of the department of waterworks to a sum not exceeding three thousand ($3,000.00) dollars per annum; of assistant city attorney to a sum not exceeding twenty-four hundred ($2,400.00) dollars per annum; of secretary to the board of water commissioners to a sum not exceeding two thousand ($2,000.00) dollars; of city marshal to a sum not exceeding twenty-four hundred ($2,400.00) dollars per annum, and of assistant city marshal to a sum not exceeding fifteen hundred ($1,500.00) dollars per annum, all of these increases

Page 614

creases to be made during the present term of said offices. This section is amendatory to the charter of said city in that the present charter provides that the salary of any city official shall not be increased during his term of office, and this amendment is made so as to authorize said governing body, if it so desires, to increase the salaries of said offices during their present term of office; provided, however, that no authority is hereby conferred to increase the salaries of said offices during any future terms thereof, and, provided further, that the provisions in amendment to the charter of said city, approved August 3, 1904, whereby authority was conferred upon the mayor and general council of said city to increase the salaries during future terms of certain offices are hereby limited to their present terms and shall not extend to any future terms of said office. Atlanta; salaries of officers. SEC. 2. That section 5 of an Act to amend the charter of the city of Atlanta, approved December 17, 1904, be amended by adding after the words board of education, the last words found in line 33, and before the words shall not, the first words found in the beginning of line 34 of said section, page 213 of the Georgia Laws of 1900, the words, park commission, board of firemasters or board of electrical control, and also, in line 34 of said Act on said page, after the word trustees and before the word for, the words or members of said boards. Also, by inserting between the words now and provided, as found in lines 36 and 37 of said section of said Act on said page the following: or hereafter. Also, by inserting between the words education and shall, as found in line 43 of said section of said Act, on said page, the words park commission, board of firemasters and board of electrical control, so that said Act when so amended will read as follows: Sec. 5. Said charter is hereby further amended by repealing section 61a thereof, as published in the City Code of Atlanta of 1899, and by substituting therefor the following: It shall be unlawful for any person holding an office or position of trust, honor or emolument or regular employment under appointment by the president of the United States or any department of the Federal government, or election by the people of the United States or any of them, or any district in the United States, or under appointment by the Governor of Georgia, or any other officer or officers of the State or county vested with appointing power, or election by the people of the State or any county, or other political division of said State after the 31st day of December, 1900, to occupy or hold the position of mayor, alderman or councilman of the city of

Page 615

Atlanta or membership on any executive board of said city, or any other office or position of trust, honor or emolument, or regular employment in or under said city government, whether said office or position be by election or appointment or regular employment during the time he holds said Federal, State or county office or position; and that neither the mayor, alderman or councilman, nor any other officer of said city, who, by virtue of election by the people or appointment by the mayor, or election or appointment by the mayor and general council, or any committee thereof, or election or appointment by any of the boards of the city government, holds such office after the passage of this Act, shall be eligible to hold any other office or position of trust, honor or emolument, or any other regular employment in the service of said city government, nor shall they or any person be eligible to service on more than one of the boards, such as police commissioners, water commissioners, board of health, or any other board of said city now existing or hereafter created, at the same time, excepting that membership in the board of trustees of the Grady Hospital or the board of trustees of Carnegie Library or board of education or park commission, board of firemasters or board of electrical control, shall not disqualify such trustees or members of said boards for any other city office, position or employment; nor shall any member of the general council be a member of any board under said city government except as is now or hereafter provided for by the charter of said city, and that the acceptance by the mayor, any councilman, alderman or any other officer or regular employee of said city, after the passage of this Act, of any office or position of trust, honor or emolument, or regular employment under the Federal, State or county government, excepting the board of trustees of the Grady Hospital or board of Carnegie Library, or board of education, or park commission, board of firemasters or board of electrical control, shall immediately create a vacancy in the office, position or employment he holds in or under said city government, which vacancy shall be filled in the manner provided by law; and that the acceptance by the mayor or any alderman, councilman, or other officer or regular employee of said city government or board or department thereof of any other city office, position or regular employment shall likewise vacate the first office, position or employment held by such officer or employee, except as hereinbefore provided. Eligibility to office of mayor, alderman or councilman or other municipal office or position. SEC. 3. That sections 177 and 178 of the charter of said city, as published in the City Code of Atlanta of 1899, on page 61, be,

Page 616

and the same are, hereby repealed, and in lieu thereof the following is hereby enacted: Section 177. The police force of said city shall consist of a chief of police and such other officers and men as the city council shall by ordinance prescribe. They shall take an oath faithfully and impartially to discharge the duties imposed on them by the laws of the State and the ordinances of the city, and shall give such bonds as may be required of them by the city ordinances. Said chief, officers and men shall be elected on the 2d day of April, 1907, or prior to that date, if said chief, officers and men shall resign from their present term, and thus relieve the city from its contracts, and when so elecxted shall serve without any fixed term or employment. Said chief, officers and men so elected shall serve during good behavior and efficient service, both of which to be judged of by the board of police commissioners. Said board of police commissioners shall be authorized at any time to discharge the chief, officers or men or other employees of their department, without any liability attaching to the duty on account of said discharge. Said board shall furthermore establish rules and regulations for said department on the civil service plan, and all the officers and employees thereof shall serve under civil service rules during good behavior and efficient service, to be finally and exclusively judged of by said board. Section 178. Their compensation shall be prescribed by ordinance, and shall not be increased or diminished during any calendar year. No extra pay or allowance or cost shall be made to any officer or members of said department. It shall be their duty to make arrests of any persons violating the ordinances of said city, with or without summons, and also with or without warrant. They shall likewise make arrests of any persons who have violated the statutes of said State and their arrests for such violations are hereby authorized, either with or without warrants therefor. They shall perform such other duties as may be imposed by the laws of the State and ordinances of the general council. For a failure to perform any duty required by law or the ordinances of the city, or the rules of said board, the officers and members of said department are subject to be suspended, either definitely or indefinitely, or removal from office, by the decision of the board of police commissioners, whose decision shall be final, and when said officers or members are dismissed, no liability shall attach to the city for any further compensation. The mode of preferring charges against any officer or member of said department, and the manner of their trial, shall be prescribed by the rules of said board. The chief, any officer or member

Page 617

or employee of said department may be suspended in the manner provided by the rules of said department, until the session of the board of police commissioners at which the hearing may be had and sentence adjudged. In case any officer or member or employee of said department is suspended, said board shall provide for appointments to fill the vacancies during the suspension of the officer or member or employee. The mayor and general council are given full, complete and unqualified authority to establish, for the department of police, civil service rules and regulations, to the end that officers, members and employees shall serve during good behavior and efficient service, and to be promoted according to efficient service and length of time employed in said department, all of which to be adjudged of by said board Police force. Rules and regulations. SEC. 4. That the mayor and general council shall be authorized, in their discretion, to require any and all persons, firms or corporations licensed to do business, under the present charter provisions, to give a bond payable to the city and conditioned to pay the city or any one else, suing in the name of the city for their use, for injuries or damages received on account of the dishonest, fraudulent, immoral or improper conduct of the administration of the business so licensed. The amount of said bond shall not exceed the sum of five thousand dollars ($5,000.00) and shall be given for the fiscal year. At the end of the fiscal year, a new bond shall be given for the succeeding fiscal year under the terms above provided. Any person or persons injured by the dishonest, fraudulent, immoral or improper conduct of the administration of any business licensed by the city, and bonded as above provided, may sue on said bond for their own use, and the recovery, if any, shall be payable to said person or persons. Bonds of city's licensees. SEC. 5. Be it further enacted by the authority aforesaid, That the action of the mayor and general council of the city of Atlanta in passing the ordinance approved December 23, 1904, and the amendment thereto, approved January 21, 1905, providing for changing Waverly Place from its present location; for the securing of the Washington street viaduct across the Georgia railroad yards, and for the vacation of Waverly Place as changed, and for the other purposes therein set forth, is hereby ratified and confirmed, and said ordinance and amendment are hereby authorized, and authority is hereby conferred upon the said city of Atlanta and the mayor and general council to enact such further ordinances and resolutions as may be necessary to carry out and enforce the ordinance and amendment first above stated and

Page 618

the purposes therein stated, including the power to vacate and abandon Waverly Place as to both its present and changed location, subject to all the terms and conditions imposed by said ordinance and amendment, provided the terms of said ordinance shall apply to the Louisville and Nashville Railroad Company or the assigns or privies of the Atlanta, Knoxville and Northern Railway Company, and the railroad companies referred to in said ordinance, or any and all of them, and bond shall be given accordingly as contemplated in said ordinance. Waverly Place and Washington street viaduct. SEC. 6. That the mayor and council of said city be, and they hereby authorized, in their discretion, to issue and sell five hundred thousand ($500,000.00) dollars of bonds of said city, in denominations of one thousand dollars ($1,000.00), running for thirty (30) years from the date of their issue, and to bear interest at the rate not exceeding (4) four per centum per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided further, that the qualified voters of the city of Atlanta assent to the issue of said bonds at an election to be called by the mayor and general council at such time as they may provide by ordinance. In the event said bonds are issued, the mayor and general council of the city of Atlanta shall provide for the levy and collection of an annual tax during the life of said bonds, sufficient to raise a fund to pay the interest on said bonds semi-annually during said period; and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if issued and sold, shall be applied only to improvements and additions to the system of waterworks of said city and the extension of water mains within the corporate limits of said city. Bonds for improvement and extension of waterworks. 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 23, 1905.

Page 619

AUGUSTA, CHARTER AMENDED. No. 606. An Act to 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 retire from active service of this department, on his own motion, upon one-half 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-half 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-half to be paid under the same rules and regulations as active members of said department may be, at the time, paid. (b) Such officer or member shall then be known as a retired member of his department, and shall be relieved of all 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; officers and members of fire or police departments, retirement of.

Page 620

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 22, 1905. AUSTELL, NEW CHARTER. No. 615. An Act to amend, consolidate and supersede the several Acts incorporating the town of Austell, in the county of Cobb; to create a new charter for said town; to create a municipal government therefor, and to declare the rights and powers of such corporation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the town of Austell, in Cobb county, heretofore made a body politic and corporate by Acts of the General Assembly of said State, under the name of mayor and council of the town of Austell, shall continue a body politic and corporate, but shall hereafter be known by the corporate name of the town of Austell. By said corporate name it may sue and be sued, have and use a corporate seal, buy hold, exchange, sell and convey property, make all needful and lawful contracts, and by such name transact all its business. Said corporation, through its mayor and councilmen, shall have all the powers and privileges incident to municipal corporations under the laws of this State, and all other powers that are necessary and proper to make, regulate, maintain and preserve a proper and legal government of said town. Austell; coporate name and powers. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one-half of a mile in every direction from the depot of the Southern Railway Company now located in said town, except that on the south side, the limits shall further extend as follows: Commencing on the west side of South Mulberry street, on the line last described, one-half of a mile from the said depot of the Southern Railway Company; thence running south to the Douglas county line; thence running west along said county line to Bowden avenue; thence running north along east side of Bowden avenue to the line first above described, one half of a mile from said depot. Corporate limits. SEC. 3. Be it further enacted, That the present mayor and

Page 621

councilmen of said town shall continue in office during the terms for which they were elected, and on the second Monday in December, 1905, an election shall be held in the said town for mayor and six councilmen. The mayor and three (3) of the said councilmen shall each be elected for a term of two years, and three councilmen shall each be elected for a term of one year. Biennially thereafter, an election shall be held for mayor of said town, who shall be elected for a term of two years. On the second Monday in December, 1906, and annually thereafter, an election shall be held in said town for three councilmen, who shall each be elected for a term of two years. Said election shall be held by a justice of the peace and two freeholders of said town, or by three freeholders of said town in the event no justice is present to act; but no person who is a candidate for office at said election shall act as a manager or clerk thereof. The polls shall be opened at 7 a.m. and kept open until 3 p.m., and the person receiving the highest number of votes for the office voted for shall be declared duly elected, and the managers of the election shall give a certificate to that effect, which shall be recorded by the clerk of council on the book of minutes, or other book kept for that purpose. Said record shall be evidence of the result of said election, and the authority of those elected to act. No person shall be allowed to vote in said election except he be eligible under the provisions of the Constitution of said State to vote for the members of the General Assembly, and unless he shall have bona fide and continuously resided in said town as a citizen thereof for six months next preceding said election at which he offers to vote. The superintendents of such elections shall take and subscribe to an oath for the true performance of their duty as such, and shall have all the powers extended to superintendents of city and county elections in this State. All ordinances, rules and regulations of said town, and now in force therein, shall continue in operation under the new charter until the same are repealed, amended or codified by the said mayor and council; provided, the same are not in conflict with the provisions of this Act. All offices or positions held under and by virtue of election or appointment by the present mayor and councilmen of said town, or either of them, shall hold their offices or positions during the term of their election or appointment without being prejudiced by this Act, unless such office or position is in conflict with this Act. Any person voting at such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be so punished. Mayor and councilmen, terms of office and election.

Page 622

SEC. 4. Be it further enacted, That any person legally entitled to vote in said election shall be eligible to the office of councilman; and any person who is a freeholder of said town, and legally entitled to vote in said election, shall be eligible to the office of mayor. The terms of such mayor and councilmen so elected shall begin after the final adjournment of the old mayor and council on the first Monday in January following their election, and they shall hold their offices for two years, and until their successors are elected and qualified, except that three who shall be elected on the second Monday in December, 1905, shall hold their offices for one year only, and until their successors are elected and qualified. All vacanices from death, resignation or otherwise shall be filled by a special election, to be called for that purpose, of which at least ten days' notice shall be given by notices posted in three different places in said town. The mayor shall call elections to fill vacancies in the council, and the council shall order elections to fill vacancies in the mayor's office. All elections to fill vacancies shall be held under the rules and regulations herein provided for general elections. Eligibility to office. Terms of mayor and councilmen. Vacancies. SEC. 5. Be it further enacted, That after this election, and before entering upon the discharge of his official duties, the mayor shall take and subscribe upon the book of minutes of said town before a judge of the superior court, ordinary, justice of the peace or notary public, who is ex officio justice of the peace, the following oath: I,....., do solemnly swear that I will, to the utmost of my ability, faithfully discharge all the duties of mayor for the town of Austell during my continuance in office, so help me God, and the mayor, after having been so qualified, the ordinary, or any justice of the peace, shall have full authority to administer a similar oath to the councilmen and other officers of said town. The councilmen shall likewise subscribe said oath in the book of minutes. Oath of mayor and councilmen. SEC. 6. Be it further enacted, That the mayor and council, at their first meeting after said election, or as soon thereafter as is practicable, shall proceed by ballot to elect a treasurer, whose salary shall not exceed fifty dollars ($50.00) annually; a clerk of council, marshal and deputy-marshal. They may also elect a street overseer and sexton, or refer the same to proper committees, as they may deem best. Such treasurer, clerk and marshal shall be elected for the same term as the mayor, and the treasurer and clerk may be removed by said mayor and council for neglect of duty, incompetency or malpractice in office; but the marshal may be removed by the mayor and council at any time during his

Page 623

term upon any ground satisfactory to them, and their action shall be conclusive upon such marshal and such action shall not be subject to review by any court, or furnish such marshal any right of action against said town for salary, or otherwise. Deputy-marshals, policemen, street overseers and sextons may be removed at the pleasure of the mayor and council. Vacancies in any of said offices may be filled by elections for the unexpired terms, and the mayor may appoint until the next regular meeting of council. The salaries of said officers shall be fixed before their election by the mayor and council, and shall not be increased or diminished during their term of office. No member of council shall be eligible to the office of clerk or treasurer. Municipal officers; election and compensation. SEC. 7. Be it further enacted, That the mayor shall be the chief executive officer of said town, and shall have general supervision over all its affairs. He shall sign all deeds and contracts, preside at all meetings of the council, and cast the deciding vote in case of a tie. It shall be his duty to see that the laws of the State and ordinances of the town are faithfully executed within the corporate limits; to see that each officer of said town discharges his duty, and to cause any officer to be prosecuted for neglect or violation of duty or immoral conduct. He shall keep the council advised from time to time of the general condition of the town, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He shall call the council together when so requested, in writing, by a majority of the members thereof, or when it seems to him to be important to the welfare of the town. He shall receive a salary of not more than one hundred dollars ($100.00) per annum, to be fixed at the first meeting of the new mayor and council. At the first regular meeting after his qualification, he shall appoint standing committees, to whom shall be referred such business as the council may deem proper. He shall preside over the mayor's court for the trial of offenders against the ordinances of said town and violations of the laws of said State within the corporate limits of said town. He shall have full power and authority to impose such fines, not exceeding one hundred dollars and costs, for the violation of any ordinance of said town, as shall seem to him reasonable and just, or he may require such violator to work on the streets or public works of said town, or be confined in the calaboose of said town for such time as will be a just punishment for the offense, but not in any single instance to exceed fifty (50) days. The fine imposed under this section may be enforced in the same manner as is provided for

Page 624

the collection of taxes, or by labor on the streets or confinement in the calaboose, as herein provided. The mayor and each member of council shall have all the powers of a justice of peace to issue warrants, try and commit to the superior court of said county for trial all violators of the laws of said State for offenses committed within the corporate limits of said town. The mayor shall perform such other duties as the ordinances of said town shall require, or that the council may refer to him from time to time. Mayor; duties and powers. Mayor's court. SEC. 8. Be it further enacted, That the mayor pro tem. shall be appointed from the councilmen by the mayor at the first regular meeting of the council, who shall be clothed with all the rights, powers and duties of the mayor during the absence or disability of the latter officer. If there should be a vacancy in the office of mayor pro tem., the mayor may fill the same at any regular meeting of council, or in vacation. In the event of the death or resignation of the mayor, or his removal from office, the mayor pro tem. shall discharge the duties of mayor until the vacancy is filled by the election of a successor. In the absence or inability to act of both mayor and mayor pro tem., any three members of the council shall have the same power as the mayor to try and punish offenders against the ordinances of the town. Mayor pro tem. SEC. 9. Be it further enacted, That the clerk of council shall also be town tax receiver and collector. Within ten days after his election, he shall execute a bond in a sum of not less than five hundred dollars ($500.00) with two or more good, solvent securities, or acceptable security company, to be approved by the mayor and payable to the town of Austell, conditioned for the faithful discharge of all the duties of his office, according to law and the ordinances of said town, and to fully and faithfully account for and pay over all moneys that may come into his hands. He shall take an oath to discharge the duties of his office to the utmost of his ability. He shall attend the meetings of the mayor and council, keep a record of the same, issue all subp[oelig]nas, summonses, processes and executions that may be necessary in the enforcement of the laws and ordinances. He shall issue all licenses granted by the mayor, and mayor and council, keep a record thereof, have charge of and securely keep all books and papers belonging to the town. He shall attend all sessions of the mayor's court. He shall keep a book in which he shall enter all moneys received, from whom, for what purpose, and how disbursed. He shall take receipts for all moneys paid out, and he shall pay over to the town treasurer all taxes

Page 625

and other moneys collected by him for the town on or before the first Monday of the month next succeeding the collections so made, except such moneys as belong to the school fund, and these he shall pay to the treasurer of the board of education of said town, in like manner. His books and papers shall be subject at all times to the inspection of the mayor or any committee appointed by him for that purpose. He shall receive and collect the taxes due the town in such way as the mayor and council may require. He shall receive a salary of not more than one thousand dollars per annum. He shall perform such other duties as may be required of him by the mayor and council. Tax-receiver and collector. SEC. 10. Be it further enacted, That the treasurer and marshal shall each, within ten days after their election, make bond payable to the town of Austell, with like securities and conditions as is required of the clerk of council. The treasurer's bond shall be not less than five hundred dollars ($500.00). The marshal's bond shall be not less than five hundred dollars ($500.00.) The treasurer shall receive and pay out all moneys belonging to the town, but he shall pay out no money except on a warrant duly passed by the council, signed by the mayor, or mayor pro tem., and countersigned by the clerk, with the seal of the town stamped thereon. He shall keep a record of all moneys received, from whom, and what source, and to whom disbursed, and for what purpose, and the number of the warrant. He shall submit to each regular meeting of the mayor and council a report from his books of all receipts and disbursements. His books and papers shall be opened to the inspection of the mayor and councilmen at all times, and at the end of each year, he shall submit a complete report of the receipts and disbursements for the year, classifying and consolidating them so as to show the main source of income and principal items of expense. He shall perform all duties required of him by the ordinances of said town, or the mayor and council thereof. The marshal shall preserve order in the town, enforce the ordinances thereof, and make cases against the violators of the same. He shall have power and authority to examine all places where he suspects that a violation of the laws of the State, or the ordinances of the town, is being perpetrated. He shall have full power and authority to call to his aid any or all the male citizens of said town capable of bearing arms, and shall report all offenders against the laws of this State to the mayor, who may issue a warrant against such offender. He shall have authority to abate all nuisances in said town under the proper order

Page 626

of the mayor and council. He shall perform such other duties as may be required of him by the ordinances, the mayor, or mayor and council of said town. The mayor and council may authorize the deputy-marshal to exercise all the powers of the marshal. Treasurer and marshal. SEC. 11. Be it further enacted, That the mayor and four (4) members of council shall constitute a quorum for the transaction of any business, and a majority of the votes shall determine all questions and elections coming before them. The mayor and council shall have power to organize such police force as the needs of the town may require, and to pass such ordinances, rules and regulations respecting the fire department, fire limits, buildings, fences, shade-trees, cisterns, parks, sidewalks, awnings, lights, water, water and gas mains and hydrants, electric, telegraph and telephone wires and poles, pavements, cemeteries, hogs, dogs, cattle, and other animals and fowls; respecting the streets of said town, to open, improve, change or close the same; and for this purpose they shall have the right to condemn any property by first paying a just and adequate compensation therefor; but they shall first pass ordinances specifying in what manner said property shall be condemned; respecting sewers, market-houses, public buildings, warehouses, public schools, care of the poor, pesthouses, disorderly houses, houses of ill-fame, vehicles, pumps, wells, drains, culverts, ponds, the removal of pests and abatement of nuisances; and respecting the illegal sale of intoxicating, spirituous, vinous or malt liquors, and respecting the having of such liquors for illegal sale or distribution, or delivering or furnishing the same, or receiving pay therefor; and respecting the valuation of property for taxation by assessor or otherwise, and to provide by ordinance for arbitration in case of a disagreement between the owner and town authorities as to the valuation of such property; prevent cattle from running at large; regulate the keeping and selling of gunpowder, kerosene and other combustible and hazardous articles of merchandise; to guard against danger and damage by fire; to regulate the runing and management of steam engines or locomotives, and all other sorts of vehicles; to provide and improve public parks; to provide places for the burial of the dead; and every by-law, regulation or ordinance that shall appear to them necessary and proper for the security, welfare and interest of said town, or for preserving the peace, health, sobriety, morals, order and good government of the same. Powers of mayor and council.

Page 627

SEC. 12. Be it further enacted, That the mayor and council shall have authority to make such contracts as they may deem necessary for said town; to purchase, hold, and sell real and personal property. They shall have authority to levy and collect a tax of not exceeding fifty cents on one hundred dollars upon all property, real and personal, within the corporate limits of said town, and upon all money and choses in action whose owner resides within the corporate limits of said town, which are subject to taxation by the laws of said State, for the general purpose of said town, and in addition thereto, they are authorized to levy and collect a tax for school purposes, and to pay the interest on school bonds, and create a sinking fund for the redemption of said bonds equal to the taxes authorized to be levied for said purposes under this Act. All expenditures of the mayor and council, including the salaries of the town officers, shall be paid out of the general fund of said town, upon the order of the mayor and council, by warrant drawn by the clerk of council upon the town treasurer, and countersigned by the mayor, or in his absence by the mayor pro tem. The councilmen shall each receive a salary of not more than six dollars ($6.00) per annum, payable annually. Taxation. SEC. 13. Be it further enacted, That the mayor and council shall have full power and authority to collect such taxes as to them shall seem proper, upon all billiard tables, pool tables, roulette tables, or other tables kept and used for the purpose of playing, or gaming, or renting, and on all tenpin-alleys, or alleys of any kind which are kept and used for playing on with pins and balls, or either, or for the purpose of renting the same, and on all restaurants, lunch houses, saloons, hacks, public wagons or other vehicles, drays, persons beginning a new business or calling, upon all auction houses or persons doing an auction business; upon all peddlers, itinerant merchants and traveling vendors of patent medicines, soaps, notions, wares, or other articles of merchandise, being sold, or offered to be sold, either for himself or another; upon all non-resident persons taking or soliciting orders for any article of merchandise of any kind at retail; upon all merry-go-rounds, doll-racks, knife-racks, shooting galleries, and all other business of like character; upon all insurance companies, accident companies, guarantee companies soliciting business in said town, or their agents. Said mayor and council shall have power and authority to levy and collect a tax of not exceeding fifty dollars ($50.00) for each exhibition from all itinerant shows, circus-riding, tumbling, sleight of

Page 628

hand, tricks of legerdemain, or any other kind whatever, coming under the description of shows, and all traveling concerts, theatrical companies, or persons performing, showing or exhibiting for pay, except local amateurs. All of said taxes shall be fixed by said mayor and council, or by the mayor under the authority of the council, and they may be enforced by execution as other taxes, or the mayor and council may provide by ordinance for the arrest, fine and imprisonment of any one failing or refusing to pay any such taxes that he may owe said town, or for doing business without first paying such taxes. Said mayor and council are also authorized to levy and collect an annual business tax from all individuals, firms and corporations engaged in business in said town, other than those hereinbefore mentioned, and twenty-five dollars ($25.00) to be the maximum amount to be levied against any business under this clause. The collection of said taxes may be enforced as is provided for other taxes hereinbefore authorized. A vocation tax or business license to be fixed for a period of one year or a fractional part thereof at the option of the mayor and council. Special taxes. SEC. 14. Be it further enacted, That said mayor and council shall have power and authority to license auctioneers for said town, such auctioneers first paying to the mayor and council a sum of not less than fifty dollars ($50.00) each for said license, and giving bond and security to the mayor and council; and if any person or persons shall sell any goods, wares or merchandise at auction, or at public outcry in said town without having first obtained a license from the mayor and council, he, or they, shall forfeit any pay for said sale a sum of not less than fifty dollars ($50.00), to be enforced by fine and imprisonment, as other ordinances of the town; provided, always, that nothing in this section shall be so construed as to extend to any sale made by lawful officers under execution issuing from the proper authorities, or to sale made by and under the authority of executors, administrators, trustees, guardians, receivers, officers, or commissioners of court, or to prohibit resident citizens of said county from vending at auction their own property when closing out their own business; provided, further, that said mayor and council may authorize the sale at auction of household and kitchen furniture, and other second-hand property and live stock upon such terms as to license as they may prescribe; but they shall not authorize the auction of merchandise except it be to close out the stock of a resident merchant or trader of said town. Auctioneers. SEC. 15. Be it further enacted by the authority aforesaid,

Page 629

That in all cases where any person or persons have property subject to taxation within the corporate limits of the town, and shall fail, refuse or neglect to pay the taxes imposed according to this Act, the clerk of the council shall issue execution for the same, which execution shall be signed by said clerk, and bear test in the name of the mayor, and be directed to the marshal of said town, commanding him to levy on the goods, chattels, lands and tenements of the defendant, or so much thereof as shall be sufficient to satisfy the demands and costs, which execution shall bind all the property of the defendant from the date thereof, and shall bind the property upon which the tax is levied from the first day of April preceding the return, and the cost thereof shall be the same as on the tax-collector's execution by the laws of this State, and the said marshal shall proceed to advertise and sell in the same manner as sheriff's sales are conducted. The clerk of council shall keep a tax execution docket on which all tax fi. fas. shall be entered before delivering them to the town treasurer. Tax executions. SEC. 16. Be it further enacted, That the said mayor and council of the town of Austell shall have power and authority to call out each and every male person within the jurisdiction of said corporation subject to road duty, who shall be compelled to do road and street duty according to the laws now in force in this State, or the said mayor and council shall have power to levy and collect the tax for the purpose of having the roads and streets kept in good order, which shall be a commutation for road duty. Ten day's residence in said town at any time during the year shall render any road hand liable to street duty therein; but if said hand has done road duty elsewhere during the year, before coming into said town, the number of days already worked shall be deducted from the number of days of work required of a street hand in said town. Street defaulters shall be fined not more than three dollars ($3.00) a day for each day they shall fail or refuse to work, and on failure to pay said fines and costs, the mayor shall issue warrants for the arrest of said defaulters, who shall be punished as described in section 7 of this Act. Street work and commutation tax. SEC. 17. Be it further enacted, That in case the mayor or any member of the town council, while in office, shall be guilty of any wilful neglect or malpractice in, or abuse of, said office, he, or they, shall be liable to be indicted before the superior court of the county of Cobb, and on conviction thereof, shall be fined in a sum not exceeding five hundred dollars ($500.00) for each and every offense, and shall, moreover, be removed from office, which fine or fines shall be paid over to the town treasurer for the use of the town. Neglect or malpractice of mayor or councilman.

Page 630

SEC. 18. Be it further enacted, That the town of Austell is hereby authorized and empowered to organize and maintain a town chaingang. Chaingang SEC. 19. Be it further enacted, That said town of Austell is hereby authorized and empowered to organize and maintain a fire department. Fire department SEC. 20. Be it further enacted, That said town of Austell is hereby authorized and empowered to improve, pave and cover the streets and sidewalks of said town for one-fourth of a mile in every direction from said depot of the Southern railway company in said town, with rock, brick, asphalt or such other material as in the judgment of the mayor and council is most economical and durable, and to have authority by this Act to tax one-third of the cost of paving, improving and laying such streets and sidewalks with stone, asphalt or other suitable material against the abutting landowners respectively, to be determined by the number of feet that each landowner's property borders on each respective street and sidewalk; and be it further enacted by the authority aforesaid, That said municipality shall have power to collect said amount of tax against each landowner by issuing a fi. fa. and enforcing the same by levy and sale if necessary. Be it further enacted, That said municipality shall have the right by the authority aforesaid to levy and collect a tax, not to exceed one-third of the cost of the streets so used from each and every street railway or electric railway company that may occupy any portion of the streets of said town so paved, covered or improved; said amount to be determined by the number of lineal feet said car-line may run along any one of said streets. And said municipality shall have the power and right to enforce the collection of said tax as above set out in this section; provided, that no paving shall be ordered as provided in this section until the owners representing more than one-half of the property fronting on said streets shall have petitioned the mayor and council of said town for said paving. Street improvements and assessments for. Tax against street railroads. SEC. 21. Be it further enacted, That an election shall be held in the town of Austell, in the county of Cobb, as soon after passage of this Act as the mayor and council thereof may decide to determine the question of establishing and maintaining a system of public schools in said town and creating a bonded indebtedness therefor. All persons entitled to vote for mayor and councilmen in said town shall be entitled to vote in said election, and said election shall be held under the same rules and regulations as the municipal elections of said town are held. Those favoring said

Page 631

public school system shall have on their ballots the words For public schools and for bonds, and those opposing the system shall have on their ballot the words Against public schools and bonds. Public schools, election for. SEC. 22. Be it further enacted, That if two-thirds of the voters of said town entitled to vote in said election shall cast their ballots for public schools and for bonds at said election, then the mayor and council of said town shall, at their regular meeting thereafter, elect from the residents of said town five men who shall compose a board of education for said town. One of said members of said board shall be elected for one year, two for two years each, and two for three years each, their terms to begin at such time as said mayor and council shall designate, and they shall hold their offices until their successors are elected and qualified. All the elections held for members of said board, after the first election, shall be for a term of two years, and shall be held at the regular meeting of the mayor and council next before the expiration of the term of the member or members whose successor or successors are to be elected, and they shall hold their terms until their successors are elected and qualified. The members of said board shall be residents of said town, and shall subscribe an oath on the minutes of the council to faithfully discharge the duties of their office to the best of their ability. When any vacancy shall occur in said board from death, resignation or otherwise, the unexpired term may be filled by the mayor and council at any regular meeting thereafter. Board of education. SEC. 23. Be it further enacted, That said board of education shall be a body politic and shall be known as the board of education of the town of Austell; shall be capable of suing and being sued as such; they are empowered to enact such by-laws, rules and regulations, not inconsistent with the laws of this State or the United States, for the government of themselves, the superintendent, teachers and pupils of said schools, as they may deem proper. They may hold any property, real or personal, that they may acquire by purchase, donations or otherwise. They shall elect from their body a president, who shall exercise such power and perform such duties as the board may prescribe. They shall also elect from the citizens of said town a secretary, who shall hold his office for two years, unless sooner removed. The town clerk of said town shall act as treasurer of said board. They shall pay said secretary and treasurer such salaries as they may deem just, not exceeding fifty dollars ($50.00) each per annum. Said treasurer shall give bond in such amount as said board shall

Page 632

determine sufficient, with good and sufficient security, to be approved by said board, and payable to said board for the faithful discharge of his duty and the safe-keeping and disbursement of all moneys, bonds and matters entrusted to his care. Said bond shall be recorded on the minutes of said board. The board may remove the secretary for cause, and they may fill any vacancy in said office at any time. The members of said board shall receive no compensation. Board of education incorporated, officers of. SEC. 24. Be it further enacted, That said board of education shall establish and maintain in said town one or more schools for white children, and one or more schools for colored children. Said schools shall be separate and distinct and capable of accommodating all the children entitled to attend the same. With the proceeds of the bonds herein provided for, said board of education shall purchase buildings or lots and erect buildings and furnish and equip and make the same suitable for said schools. Said board may purchase any school property in said town, if, in their opinion, it is for the best interest of said schools and town. Said board shall supervise, regulate and make efficient said schools; they shall establish the grades therein, and prescribe the studies and text-books therefor, but said schools shall embrace what are known as the primary, grammar and high school grades; they shall elect a superintendent and the teachers for said schools, and fix and pay their salaries; for sufficient cause, they may discharge the superintendent or teachers and expel pupils at any time; they shall provide for the necessary conveniences and appliances of said schools, and do all lawful acts necessary for the proper support and successful operation of said schools; provided that all contracts made by said board for the purchase of buildings or lots, erection of buildings, furnishing and equipment of said schools shall meet with the approval of the mayor and councilmen of said town before said board shall be authorized to make such contracts. Separate schools for white and colored. Powers of Board. SEC. 25. Be it further enacted, That said board shall prescribe incidental fees for the children of said town, who may attend said schools, as follows: For primary grade, not more than fifty cents per scholastic month; for grammar grade, not more than seventy-five cents per scholastic month; for high school grade, not more than one dollar and fifty cents per month. Said fees shall be paid monthly in advance, and the board shall determine to whom they shall be paid. All the children between the ages of six and eighteen years, whose parents, guardians or natural protectors reside within the corporate limits of said town,

Page 633

shall be entitled to the benefits of said school upon paying the incidental fees of the grade to which such child belongs. Said board shall also provide for the admission into said schools of persons over eighteen years of age residing in said town, and of any persons residing out of said corporate limits upon the payment of such rates of tuition as may seem to them reasonable and just; provided, however, that said board of school commissioners shall have power, and it shall be their duty, to remit the payment of said incidental fees in the cases of any children who may not be able, or whose parents or guardians may not be able, in the judgment of the board, to pay the same. Incidental fees of pupilsresident and non-resident. SEC. 26. Be it further enacted, That it shall be the duty of said board to have prepared and furnish the county school commissioner of Cobb county each year a list of all the pupils entitled to the State school fund in attendance upon said schools; and said school commissioner shall pay over to the treasurer of said board such portion of the educational fund of Cobb county as said pupils entitled to under the rules of distribution. Said treasurer shall also receive from the clerk of the council of said town the tax hereinafter levied for the support of said schools. Said schools shall be supported and maintained by the funds raised under the provisions of this and preceding section. Said board shall make a report at the end of each scholastic year to the mayor and council of said town, showing the amount of funds received and from what source, and how expended. Said board shall cause to be kept a complete and correct record of all their proceedings, which shall be open to public inspection at all times. Distributive share of county school fund. SEC. 27. Be it further enacted, That if said election shall be for public schools and bonds as provided in sections 21 and 22 of this Act, the mayor and council of the town of Austell, Georgia, shall levy and collect a tax annually, in addition to that now allowed by said law, not to exceed 5-10 of one per cent. on all the taxable property in said town, for the purpose of supporting and maintaining said public schools, and said funds shall not be used for any other purpose. The clerk of the council shall pay over said funds to the treasurer of the board, less such commissions as said clerk may be entitled to out of said funds. School tax SEC. 28. Be it further enacted, That if said election shall be for schools and bonds as hereinbefore provided, the mayor and council of said town shall, and they are hereby authorized to, issue the bonds of said town, to be signed by the mayor and clerk thereof, an aggregate sum not to exceed two thousand dollars ($2,000) of one hundred dollars ($100.00) each, to be known

Page 634

as the Austell school bonds, and to draw interest at a rate not greater than six per cent. per annum, payable annually on December 1st of each year. Five (5) of said bonds shall become due at any time within five (5) years from date of their issue, and one (1) of said remaining bonds shall mature annually thereafter until all of said bonds are due, and they shall be so drawn. Before the issuing of said bonds, said 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 principal and interest of said bonds as they shall mature, and to finish paying the whole of said bonds by the time the last installment thereof shall mature, but no part of the fund so raised shall be used for any purpose other than that herein provided. Said bonds shall be negotiated by the mayor and council at not less than par and without expense to the town, and the whole proceeds thereof to be turned over to the treasurer of said board, to be by said board expended in purchasing school buildings or lots and erecting suitable buildings for said schools, furnishing and equipping the same, as hereinbefore provided, 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 purposes. School bonds. SEC. 29. Be it further enacted, That if the result of said election shall be against schools or bonds, the mayor and council of said town may, in their discretion, order other elections to be held, not oftener than three months, until the result is for schools and bonds. Other elections. SEC. 30. Be it further enacted, That the mayor and council of said town be, and they are, hereby authorized and empowered to hold an election as soon after the passage of this Act as they may decide to determine the question of creating a bonded debt for the purpose of organizing and maintaining a fire department, and the improvement of the streets and sidewalks of said town, and to lay out, open, alter or change the same, and for the permanent improvement of said town, not to exceed in the aggregate two thousand dollars ($2,000.00), the bonds to be of the denomination of one hundred dollars ($100.00) each, to be due and payable as follows: Five (5) of said bonds shall become due at any time within ten years after issue, and annually thereafter one of the remaining shall become due until all of said bonds shall have matured. Said bonds when issued shall bear interest not to exceed six per cent. per annum, payable annually. Said mayor and council is hereby authorized to provide at or before the incurring of said indebtedness for the assessment and collection of

Page 635

an annual tax sufficient in amount to pay the principal and interest of said debt, as the same falls due, such portion as may be necessary to be set apart as a sinking fund with which to pay said bonds at their maturity. The tax hereby authorized and required to be levied shall be in addition to that levied under this Act for public school bonds and for general purposes. Election for improvement bonds. SEC. 31. Be it further enacted, That said bonds herein authorized to be issued shall be negotiated by the mayor and council at not less than par, and without expense to the town, and the total proceeds thereof shall be turned over to the treasurer of said town to be expended either for the improvement of the streets and sidewalks of said town or for the laying out, opening, altering or changing the same, or for the organization and maintaining of a fire department for said town, or for the permanent improvements of said town, or either or all of them, as said mayor and council shall deem proper, but said proceeds shall not be used for any other purposes. The clerk of the council shall keep a record of the numbers of all the bonds issued. Proceeds of bonds. SEC. 32. Be it further enacted, That said bonds, as they fall due and interest coupons or warrants upon said bonds, shall be paid by the clerk of the council of said town of Austell, on presentation at the office of said clerk when due, or at such agency as may be designated by ordinance passed before issuance of said bonds. Payment of bonds. SEC. 33. Be it further enacted, That said bonds shall be signed by the mayor and clerk of council of the town of Austell, and the corporate seal of said town shall be attached thereto, and that they shall be safely kept by the mayor until negotiated as above provided, and only so many of said bonds shall be negotiated by said mayor and council as they shall determine to be necessary for said purposes. Custody and sale of bonds. SEC. 34. Be it further enacted, That before the bonds herein provided for shall be issued, the assent of two-thirds of the qualified voters of the town of Austell shall be obtained in the manner now provided by law. Election for bonds. SEC. 35. Be it further enacted, That this Act supersedes and repeals all Acts heretofore passed creating a charter for said town, and the Acts amendatory thereof. SEC. 36. 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 24, 1905.

Page 636

AVERA, SPECIAL OR LICENSE TAX. No. 373. An Act to amend an Act entitled an Act to incorporate the town of Avera, in the county of Jefferson, and State of Georgia; to define the limits of same; provide for officers to govern it; prescribe their duties, and for other purposes, so as to give to the said town of Avera the authority to levy and collect special taxes on all business occupations, professions, callings or trades exercised within the limits of said town; to fix a license for same, and to provide for the collection of same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 7 of the above recited Act be amended by adding at the end of said section the following provision: Said aldermen shall further have power to levy and collect a specific or occupation tax on all business occupations, professions, callings or trades exercised within said town, as may be deemed just and proper, to fix a license on all exhibitions, circuses and shows of all kinds, on drays and hacks, hotels, boarding-houses, restaurants, fish stands, butcher shops, livery stables, soda fountains and upon all other kinds or classes of business legitimately coming within the police powers of the town, as may be just and reasonable, so that said section 7, when so amended, shall read as follows: Avera; Be it further enacted, That said aldermen shall have power to levy and collect a tax of not exceeding five-tenths of one per cent. upon all property, both real and personal, within the corporate limits of said town; they shall also have power to require all persons within said corporate limits of said town who are subject to road duty under the laws of this State to work on the streets of said town, or may prescribe a commutation tax, which may be paid in lieu of work on the streets. Said aldermen shall further have power to levy and collect a specific or occupation tax on all business occupations, professions, callings or trades exercised within said town, as may be deemed just and proper; to fix a license on all exhibitions, circuses and shows of all kinds, on drays and hacks, hotels, boarding-houses, restaurants, fish stands, butcher shops, livery stables, soda fountains and upon all other

Page 637

kinds or classes of business legitimately coming within the police powers of the town, as may be just and reasonable. Municipal 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 22, 1905. BALL GROUND, LICENSE TO SELL LIQUORS. No. 580. An Act to amend an Act approved August 4, 1903, entitled an Act to amend an Act to incorporate the town of Ball Ground, approved September 27, 1883, by changing the time of 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 licenses to sell spirituous, malt or vinous liquors in said town; by providing how taxes on special business shall be levied and collected; and providing how ad valorem taxes shall be levied and collected, or assessed and collected, and by providing how returns shall be made, and how defaulting property owners may be taxed, and for other purposes, so as to require the payment of $5,000.00 for a license to sell malt or spirituous liquors in said town. SECTION 1. Be it enacted by the General Assembly of Georgia, That section two of the above recited Act be, and the same is, hereby amended by striking from the ninth and twenty-eighth lines of said section the figures $500.00 and inserting in lieu thereof the figures $5,000.00. Ball Ground; liquor tax. 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 22, 1905.

Page 638

BAXLEY, CHARTER AMENDED. No. 546. An Act to amend an Act to amend the charter of the city of Baxley, approved February 23d, 1875, and provide for the government of said city of Baxley, and the election of its officers; also to provide for a free school system in said place, and prescribe the manner and method of its adoption, the election of a board of education, and levying of a school tax for and in said city, approved December 22d, 1896, and all Acts amendatory thereof, by providing for a cemetery, about two miles north of Baxley, and incorporating the territory thereof in the city of Baxley; to provide for rules and regulations to govern said cemetery, and to amend section 24 of said Act by increasing the maximum rate of school tax, and for other purposes. SECTION. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 24 of the aforesaid Act be, and the same is, hereby amended as follows: By striking the word fourth, in the third line of said section, and inserting in lieu of the same the word half, so that said section, when so amended, shall read as follows: Sec. 24. Be it further enacted, That the mayor and council shall have authority to levy and tax for school purposes on all property, real and personal, not to exceed one-half of one per centum, which share may be used for school purposes, and shall be collected when the other taxes of said place are collected by the town tax-collector. Baxley; school tax SEC. 2. Be it further enacted by the authority aforesaid, That the territory known as Omega Cemetery, about two miles north of the city of Baxley, now fenced and being used by said city as a cemetery, and owned by said city of Baxley, and consisting of ten acres, more or less, be, and the same is, hereby incorporated and made a part of the city of Baxley, and the said territory is hereby included within the corporate limits of the city of Baxley. Omega Cemetery SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Baxley shall have power to make such rules and regulations for the government of said Omega Cemetery as they may deem proper and right, and shall

Page 639

have full power and authority to enforce the same by penalty; and they are hereby clothed with the same authority over the said territory that they now have over the city of Baxley. Rules and regulations for cemetery. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 23, 1905. BLACKSHEAR, NEW CHARTER. No. 512. An Act to create a new charter for the town of Blackshear, in the county of Pierce, and to reincorporate said town, and declare and consolidate the rights and powers of said corporation; to define the corporate limits of said town of Blackshear, to provide for a mayor and board of aldermen, and other officers for said town, and to prescribe the powers, duties, rights and liabilities of all officers of said town, and the manner of their election or appointment, and their removal from office, to provide for the retention of the present officers of the town of Blackshear until the election of officers for the said town under this charter; to provide that all the ordinances, rules and regulations of the corporation of the town of Blackshear, not in conflict with this Act, shall remain valid and enforceable as ordinances, rules and regulations of the town of Blackshear, incorporated by this Act until the same are repealed or amended by the mayor and aldermen of the town of Blackshear, to provide for streets and sidewalks, and the working and paving of the same, and the establishment and maintenance of parks and cemeteries; 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 Blackshear, 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, levying and collection of an ad valorem tax upon all property, both personal and real, for general purposes and for the purpose of paying the principal and interest on said bonds; to authorize and provide for granting license to and taxing all kinds of business, trades, professions, shows, exhibitions and entertainments; to provide for all matters of municipal concerns, needs and requirements, and for other purposes.

Page 640

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 Blackshear, 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 Blackshear, and by that name be, and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State; and the said town of Blackshear, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through its board of aldermen, who shall compose the town council, such ordinances, rules and 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 of the United States, and said town of Blackshear shall be able by law and is hereby authorized and empowered to purchase, hold, rent, lease, sell, exchange, possess and retain in perpetuity, or for any number of years, any estate or estates, real or personal, lands, tenements and hereditaments of all kinds whatsoever, within or without the limits of said town, for corporate purposes. They 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, and remove nuisances. They shall have full control and power over 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, which are necessary and proper in order to regulate, make, maintain and preserve a proper and legal government of said town, and to declare what act or thing shall be unlawful. Blackshear; corporate name and powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Blackshear, as enacted by this Act, shall be as follows, to wit: one mile in every direction from the center of the main line of the Atlantic Coast Line Railroad Company, where said line crosses and intersects with Main street in said town, said corporate limits to embrace and include territory two miles in diameter from said central point. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid that the government of said town of Blackshear shall be vested in a town council composed of a mayor and six aldermen. The present mayor and councilmen of the corporation of the town of Blackshear

Page 641

shall continue in office until the expiration of the term for which they were elected and until their successors are elected and qualified; and they and their successors and associates shall have and execute all rights, powers and duties hereby conferred on the town council of the town of Blackshear created by this Act; and all the ordinances, rules and regulations of the old corporation of the town of Blackshear, not repugnant to this charter, are continued in full force and effect until the same are repealed, annulled, amended, changed or modified by the town council of Blackshear, and all officers elected or appointed by the mayor and councilmen of the old corporation of the town of Blackshear shall continue to hold their offices and discharge the duties thereof until the expiration of the term for which they were elected or appointed, and until their successors are elected unless sooner suspended, removed or discharged by the town council of Blackshear. Mayor and aldermen. Sec. 4. Be it further enacted by the authority aforesaid, That the term of the mayor of said town of Blackshear shall be two years, and until his successor is elected and qualified and that the first election for mayor under this charter shall be on the second Wednesday in December, 1905, and biennially thereafter on the second Wednesdays in December; and that the term of each alderman of said town shall be for two years, and until his successor is elected and qualified, except that at the first election held for aldermen under this charter the three of the six aldermen receiving the highest number of votes cast at said election shall be elected for the said period of two years, and the other three of the six aldermen receiving the next highest number of votes cast at said election shall be elected for only one year, and that the first election for said aldermen under this charter shall be on the second Wednesday in December, 1905, at which time the three aldermen shall be elected for a term of two years and the other three for a term of only one year, in the manner above indicated, and annually thereafter, on the second Wednesdays in December there shall be elected three aldermen for the full term of two years, at the first regular meeting of the mayor and aldermen after their election and qualification, or any subsequent meeting, they shall elect from the board of aldermen a mayor pro tem., whose term of office shall be for one year, and annually thereafter at the first regular meeting on or after the election of a mayor and three aldermen, or for three aldermen only, as the case may be, and as provided for in this charter, on the second Wednesday in December of each succeeding year, a mayor pro tem. shall be elected from the board of aldermen. In the event a vacancy occurs in the office of mayor and aldermen, by reason of resignation, removal from the town, death or otherwise, the town

Page 642

council shall order an election to fill said vacancy, which election shall be held in not less than ten days from the date of said vacancy, and as soon as practicable after said vacancy occurs, notice of which election shall be published once in a newspaper in said town; provided; there is one published, and by posting a written notice thereof for ten days at post-office, and one or more public places in said town; said election shall be held and managed, returns made and results declared in the same manner as regular elections, as hereinafter provided; however, that if a vacancy occurs in office of mayor or aldermen within less than three months from the date of the next regular election, the town council shall themselves select and elect some fit and proper person for said vacancy and by resolution declare him chosen to fill the vacancy. If the office of mayor pro tem. shall from any cause become vacant, the town council shall elect one of the remaining aldermen as mayor pro tem. for the unexpired term. Election and terms of office of mayor and aldermen. Sec. 5. Be it further enacted by the authority aforesaid, That if for any reason there is a failure to have the regular election for mayor and aldermen at the regular time provided for in this charter, on the second Wednesdays in December, it shall be the duty of the town council to order an election as early as practicable thereafter by giving at least ten days' notice of the same by publishing said notice once in a newspaper; provided, there is one published in the town and by posting notices at the post-office, and at one or more other public places in said town, and such election shall be held and managed, and results declared in the same manner as at a regular election, as provided for hereinafter. Elections. Sec. 6. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of mayor or alderman who is not a citizen of said town, and who shall have not resided in the State two years, and in the town twelve months, immediately preceding his election, and who is not under twenty-one years of age, and a qualified voter in municipal elections for officers of said town. and entitled to register under the registration laws in force in this State. Eligibility to office of mayor or alderman. Sec. 7. Be it further enacted by the authority aforesaid, That the mayor of said town shall be its chief executive officer. He shall see that all laws, ordinances, rules and regulations of said town are faithfully and fully executed, and that all officers of said town faithfully execute the duties required of them. He shall have general supervision of the affairs of said town, shall preside at meetings of the town council, and at the police courts, and he shall have authority to convene the council in extra session whenever he deems

Page 643

it proper to do so. The mayor shall not have the right to vote upon any question before the town council, except in case of a tie. Powers of mayor. Sec. 8. Be it further enacted by the authority aforesaid, That during the sickness, absence or disqualification of the mayor, the mayor pro tem. shall act as mayor, or in case of the sickness, absence or disqualification of the mayor pro tem. any one of the aldermen chosen by the town council shall be clothed with all the right-and privileges of the mayor, and shall perform the mayor's duties for the time being. Mayor pro tem. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and three councilmen shall constitute a quorum for the transaction of any business before the town council at its regular meeting, and that the mayor and four councilmen shall constitute a quorum for the transaction of any business at a called meeting, and that a majority of the votes shall determine all questions and elections before the town council. Said town council shall hold regular meetings at least once in every month, and oftener if they think best at stated times and a stated place in said town, and shall hold such meetings as may be ordered by the mayor, or in his absence or sickness, by the mayor pro tem., for special purposes, or when requested to do so by a majority of the aldermen. All meetings of the town council shall be public and the public shall be allowed at all times to witness their deliberations, except when the town council resolves itself into executive session, when the public shall be excluded. Quorum. Meetings. Sec. 10. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tem. and each alderman, before entering upon the discharge of their respective duties, shall take and subscribe before some officer authorized by law to administer oaths, in this State, an oath to faithfully and uprightly discharge the duties of their respective offices, and as in their judgment shall best promote the general welfare of the inhabitants of said town, and the common interest thereof, which oath shall be entered of record upon the minutes of council. Oath of mayor and aldermen. Sec. 11. Be it further enacted by the authority aforesaid, That every male citizen of the town of Blackshear, incorporated under this Act, twenty-one years of age, who shall have resided in this State one year next preceding the election, and six months in the county of Pierce, and three months within the corporate limits of the town of Blackshear, next preceding the election, and who is a legally registered voter under the laws of this State, and who shall have paid all taxes which may have been required of him, and which he may have had an opportunity to pay agreeably to law,

Page 644

and the payment of all fines, licenses, and business taxes required of him by said town, shall be qualified to vote at any election held in the town of Blackshear for any purpose whatsoever. Voters. Sec. 12. Be it further enacted by the authority aforesaid, That 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 place or places, as are now, or may be hereafter established by law or the ordinances 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 election for memebers of the General Assembly of this State, and said election shall be held in the same manner and under the same rules and regulations as are elections for members of the General Assembly, with this exception, that the polls shall open at ten o'clock a. m., and close at (4) four o'clock p. m. In 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; provided, that at the first election held under this charter, the superintendents shall give to the three aldermen receiving the highest vote cast a certificate of election as aldermen for a term of two years, and to the three receiving the next highest vote cast, a certificate of election as aldermen for the term of one year. Elections where and how held. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town are hereby authorized and empowered to elect for said town annually, and for a term of one year, unless sooner discharged, a clerk, treasurer, chief of police and as many policemen as they think necessary, a board of health, sanitary inspector, building inspector, chief of fire department, town physician, attorney, and tax assessors, and so many of said officers, and such other officers, including cemetery keeper, as they may deem necessary and proper, fix their salaries, require them to give bond, prescribe their duties and oaths, and suspend or remove them from office, or impose upon them fines, at their discretion, and all officers elected or appointed by said mayor and town council, shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the mayor and town council at any time they see fit to make such suspension, removal or dismissal, and no officer so dismissed or removed shall be entitled to any salary whatever during suspension or after removal, no matter whether the time for which he has been appointed or elected had expired or not. The mayor and aldermen at their discretion may elect or

Page 645

appoint the same person to discharge and perform the duties of more than one office; all such officers shall be elected at the first regular meeting in January of each year, or so soon thereafter as possible. Municipal officers. Sec. 14. Be it further enacted by the authority aforesaid, That on or before the first Monday of January of each year, or so soon thereafter as possible, the newly-elected mayor and aldermen shall take the oath and assume the duties of office; provided, however, that the term for which all officers are to be elected under this charter is to begin on the first day of January of each year. Official term. Sec. 15. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk to collect and keep, subject to the direction of the town council, all moneys due and belonging to the town, except as hereinafter provided; to be the custodian of the books and records of the town; to attend and preserve a minute of all the acts and doings of each meeting of the town council; to be ex officio clerk of the police court of said town, and to perform all and such other duties as are required of him by this Act and which may be required of him from time to time by the ordinances, rules and regulations of the town council. Before entering upon the discharge of his duties, he shall take before some officer authorized by law to administer oaths in this State, an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as may be required of him by the town council, with good and sufficient security, to be approved by the mayor. He shall keep separate and correct accounts of all the several distinct and separate funds received and disbursed, so at all times to show the true condition of such funds. He shall also make general and special reports in the manner and at the time when called upon by the town council to do so. Clerk, duties of, etc. Sec. 16. Be it further enacted by the authority aforesaid, That it shall be the duty of the treasurer to keep a set of books in which he shall make entries of all sums of money received, and of all the sums of money paid out, when, and to whom, and for what purpose, and shall give a receipt for all sums of money received by him and shall take a receipt for all sums of money paid out by him, which books and receipts shall at all times be subject to the inspection of any citizen of said town, and all sums of money paid into the hands of the treasurer by the provisions of this Act shall be, and the same are hereby, directed to be a fund for the exclusive use of said town. The duties of the treasurer are such as are usually, or which may be, required of him by the ordinances of said town and this section. Before entering upon his duties, he shall take an oath

Page 646

before some officer authorized by law to administer oaths, to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as may be required of him by the town council, with good and sufficient security, to be approved by the mayor. He shall also make general and special reports in the manner and at the time when called upon by the town council to do so. Treasurer, duties, etc. Sec. 17. Be it further enacted by the authority aforesaid, That all other officers elected or appointed by the town council shall take such oaths and give such bonds as they may be required so to do, and also perform such duties as they may be required to do by the ordinances, rules and regulations of the town council, and to otherwise conform to all requirements made by town council governing such office. Other officers. Sec. 18. Be it further enacted by the authority aforesaid, That the compensation or salaries of mayor and aldermen, and all other officers, servants and employees of the town, shall be such sums as the town council may fix; provided, however, that the mayor's salary shall not exceed three hundred dollars a year, and that of the aldermen shall not exceed the sum of twelve dollars each year, but the mayor and aldermen, and such other officers as they may designate, will in addition thereto be relieved of street tax and street duty. Salaries. Sec. 19. Be it further enacted by the authority aforesaid, That the said mayor and town council 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 supplies, to make, open, grade, repair, and keep in order the streets and bridges of said town, to light the same, to properly police the same, to pay salaries, costs and expenses of the town officers and employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices, and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payments of the debts of the town, for educational purposes, for cemetery purposes, for hospitals and charity institutions, for the care of the poor, for establishing necessary squares and parks for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for all such other purposes as will tend, in their discretion, to add to the comfort, safety, convenience, benefit, health, advantage of said town and of the citizens thereof, and for the natural improvement of said town, as may in their best judgment be necessary, and

Page 647

for all other purposes in order to properly carry on the town government, as herein indicated, and not forbidden by law to levy and collect a street tax or capitation tax on all male inhabitants of the town, subject under the law to pay such tax, also a tax not to exceed one and one-half (1) 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 town council, may deem necessary and proper upon all trades, business, callings, professions, sales, labor and pursuits, which are the legal subjects 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, trade or calling, banks, express, insurance and other corporations, associations, agencies, and all other property and sources of profit as are not expressly prohibited or exempt by the laws of this State or 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 consignees, 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 a sum in the discretion of said mayor and town council as a tax thereon, shall forfeit and pay a sum in the discretion of the mayor and town council, not exceeding one hundred dollars, for which execution may issue, and be collected as other executions of said town are issued and collected. All persons subject to taxation, who shall refuse or neglect to render in his, her, or their property, or pay the tax on the same when required by the ordinances of said mayor and town council, may be proceeded against by having their property double taxed, and by execution, in the same manner and according to such rules and ordinances as may be adopted by said mayor and town council to enforce the collection of such taxes. Taxation. Sec. 20. Be it further enacted by the authority aforesaid, That said mayor and town council shall have the power and authority 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, walk or square, any building, any bridge, laneway, walk or square of whatever nature, same being done in accordance

Page 648

with resolutions or ordinances passed by said town council. After ten days' notice to the party at interest, said mayor and town council may cause all encroachments or obstructions of a permanent or temporary nature, or which in the judgment of said mayor and council ought not to be allowed along or upon any street, alley, laneway, walk or square in said town, to be removed. And whenever such encroachments are along or upon such street, alley, lane, walk or square already laid out, then no compensation shall be made for the removal of the same. But whenever said mayor and town council shall exercise the power to widen, extend, or straighten a street, alley, lane, walk or square, and the compensation therefor can not be agreed upon between the said town and the owners of said property, there shall be appointed three arbitrators, one by the mayor and town council, one by the owner of said land, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damage sustained by the owner or owners of the land over which pass said streets, alleys, lanes, walks and squares, so widened, extended, straightened, opened, laid out or established, from which award an appeal can be taken to the superior court be either party dissatisfied by such award. A majority of the arbitrators can make the award. The submission shall be in writing, and the return shall be filed in the office of the clerk of the superior court of Pierce 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 benefits the owner is to receive from the opening or otherwise changing said street. If the owner of such land refuses to act, or is a minor, or is insane, upon the fact being shown to the ordinary of Pierce 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 Pierce 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 to be made up and tried as other appeal cases. The entering of an appeal shall in no case hinder or delay the town in widening, extending, straightening, opening, laying out or establishing such street, alley, lane, walk, or square as aforesaid, but the same may proceed from the time the award in such condemnation proceeding is filed in the office of the clerk of the superior court, but before the commencement of the said work, tender shall be made of the amount of the award. In the event the town of Blackshear is not dissatisfied

Page 649

with said award, it shall pay to the clerk of the superior court the amount so found to be due by said 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 Blackshear should fail or refuse to pay the amount of the award, and should proceed with the work, then the clerk shall, upon the application of the owner, or ordinary, where it is authorized to act, issue exception on said award, and proceedings thereon shall be the same as had in cases of judgments and executions in the superior court of Pierce county. But the town of Blackshear shall have the right, after said award is filed, to abandon its purpose of widening, extending, straightening, laying out, opening or establishing said street, alley, lane, walk, or square, in the event the mayor and town council should consider that the sum found to be due would, in their judgment, make said lands so sought to be condemned too expehsive to said town. But in such event said town shall pay all costs of said award. Streets, etc. Sec. 21. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full power and authority, in their discretion, to grade, pave, macadamize, drain or otherwise improve the sidewalks of said town. In order to carry into effect the authority above delegated, the town council shall have power and authority to assess not more than one-half of the cost of paving and otherwise improving the sidewalks on the real estate abutting on the side of the sidewalk so improved, and any railroad company, having tracks running in and over, along and across the streets, lanes, walks, or squares of said town shall have to pave, macadamize or otherwise improve said streets, lands, alleys, walks or squares of said town, also their roadbeds and rights of way, in such ways and proportions as the town council may prescribe: Said town council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on real estate according to its frontage on the sidewalks, streets, lanes and walks and parks, either or all so improved, or according to the area or value of said property, as may be determined by ordinance. That the amount of assessment on each piece of realty shall be a lien thereon from the date of the passage of the ordinance providing for the world and making the assessment. The town council shall have full

Page 650

power and authority to enforce collection for the amount of any assessment so made for work upon the sidewalks, streets, lanes, parks and squares, by execution issued by the town clerk against the owner at the date of the ordinance making such assessment, which execution may be levied by the chief of police, marshal, other collecting officers, or their deputies, on such real estate, and after advertising and other proceeding, the same shall be sold to the highest bidder. Such sales shall vest absolute title in the purchaser. Said chief of police, marshal, or other collecting officer, shall have authority to eject occupant, and put the purchaser in possession; provided, the owner of said real estate shall have the right to file affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, together with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the superior court of Pierce county, and there tried and issues determined, as in cases of illegality, subject to the penalties provided where the illegality is filed for delay. The town shall have authority to pave, and contract to pave the whole surface of the sidewalks, streets, and lanes, without giving any railroad company, street railway company, or other property-holders abutting thereon, or occupant on the streets, lanes and alleys, the option of having the space to be paved by them, paved by themselves, or by contract at his or its own instance, the object being to prevent delay and securing uniformity. The lien for assessments on abutting property, and on railway or street railway companies, sidewalks paving, street paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the time of the passage of the ordinance authorizing the execution of the work done in each case. Said town council shall have power and authority to prescribe by ordinance and such other rules and regulations, as they may, in their discretion, think necessary, to grade, pave, drain, macadamize or curb the streets and sidewalks of said town; to enforce by execution the cost thereof against the adjacent property owner, railroad and street railway companies, and to provide how the agents and owners thereof shall be served. Sidewalks, etc. Railroad tracks. Assessments. Sec. 22. Be it further enacted by the authority aforesaid, That said town council shall have power and authority to grant franchisements, easements, and rights of way over, in, under and on the public streets, lanes, alleys, sidewalks, parks and other property

Page 651

of said town, on such terms and conditions as said town council may fix. Franchises Sec. 23. Be it further enacted by the authority aforesaid, That said town council shall have full power and authority to establish a fee bill for the officers of said town, not higher than the fees allowed the county officers, nor lower than those allowed justices of the peace and constables of this State. Said town council shall have power and authority, in their discretion, to allow said fees to the officers of said town, or to place the same in the treasury of said town and pay the officers a straight salary for their services. Fee bills. Sec. 24. Be it further enacted by the authority aforesaid, That the town council shall have authority to employ an expert accountant on accounts, to inspect the books of any officer or employee of the town at any time, they may see fit to do so, and to pay for the services of such accountant so employed such amounts as to them seem proper. Accountants. Sec. 25. Be it further enacted by the authority aforesaid, That all writs, processes, subpoenas, summons, rules of all kinds, warrants, all executions for any and all kinds of taxes, licenses, fines and assessments and forfeitures, or demands made by the town or its corporate authorities against any person, firm, company or corporation whatsoever, shall be issued and signed by the town clerk, and bear test in the name of the mayor thereof, except as otherwise specially provided for in this charter, and shall be directed to the policemen, marshals and their deputies of said town, and to all and singular the sheriffs and constables of this State, and each and all of said officers are hereby authorized to serve and execute the same. Writs, etc., how issued and executed. Sec. 26. Be it further enacted by the authority aforesaid, That the mayor and town council are hereby vested with powers to establish fire limits in said town and to prohibit the erection of any wooden buildings or structures, as will, in the opinion of said mayor and town council, increase the fire risks, in such part or parts of the town of Blackshear as they may designate as fire limits, and may change and enlarge said fire limits when deemed necessary, and may exercise and use such supervision and control over the construction of the houses and material used therein and the erection of awnings and sheds, of stovepipes, chimney-flues, and other means of building, as may be necessary and proper to guard against conflagrations, and may require building or structure permits, which permits shall specify material to be used and the manner of its use in such erections or repairs of said buildings or structures. Said town council shall have supervision and control

Page 652

of all warehouses, cotton presses, cotton gins, cotton and lumber yards and naval stores yards, and other places in said town where materials of an inflammable nature are stored, and they may also 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. Said mayor and town council shall have power and authority to remove any forge, smithshop or the structure, within the town, whenever in their discretion, 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 to 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 health of said town, or 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 policemen or marshal of said town; and whenever in their opinion it is necessary to burn any property, clothing or whatever else to prevent the introduction or spread of infectious diseases, they may, with the advice and help of the health officer, and the board of health, if there be such officers, and if not, then without such advice and counsel, do so instanter, and the policemen or marshals, or such other officers directed, shall obey such orders and in all such cases they shall not be liable to answer therefor in any court having jurisdiction, except of 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 provision of this section, the town of Blackshear, in its corporate capacity, shall be liable to the owner thereof for the actual cash value thereof, but shall not be liable for any prospective profits of speculative damages in connection therewith. Fire limits. Warehouses, etc Removal of dangerous and infected structures Sec. 27. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full power and authority to care for, and make any and all necessary repairs to the cemetery of said town, to increase or enlarge the same, and to buy and purchase and improve new cemeteries, as they may, in their discretion, see fit and proper. They shall have power to regulate and

Page 653

provide for the [Illegible Text] of the dead therein, and may sell and grant by deed, to persons who may wish to purchase any vacant or unoccupied lot or lots in said cemetery, for burial purposes. This provision shall apply to the old, as well as any new cemtery or cemeteries that council shall have charge of or that they may establish. They shall have full power and authority to employ a manager, sexton, and any other employee for the same, and for whatever else they may deem best to preserve, protect and beautify said burial places. Cemetery. Sec. 28. Be it further enacted by the authority aforesaid, That said mayor and town council shall have full power and authority to establish such a 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 diseases within said town; and that in order to more fully exercise this authority, said mayor and town council are hereby given quarantine jurisdiction over all of the area embraced within the jurisdictional limits of the county of Pierce, in this State, and anywhere within these limits, either in said town or county may establish, locate and change at pleasure, either permanent or temporary quarantine grounds, or pesthouses, and may condemn and take lands and buildings and personal property in said limits for quarantine purposes or quarantine grounds, either permanent or temporary; and such condemnation proceedings shall be had and done in the same manner and by the same rules as provided in section 20 of this Act, for condemning lands for streets, etc., and all the provisions of that section for that purpose shall apply and be a provision for this purpose, from the selection of arbitrators to the trial of appeal, and they may, by ordinance or resolution, put any part, or the whole, of said area under quarantine, and may arrest, detain, quarantine and if need be confine any person from, or suspected to be from, any place or places suspected to be infected, and detain and confine any such person or persons from day to day as they, by ordinance, shall see fit to declare and prescribe; they shall have authority to stop, delay, board and search all trains, cars and vehicles or conveyances of every sort, public or private, entering said limits whenever, in their judgment, it may seem best and necessary, and may absolutely prohibit any such train or vehicle from entering said limits or persons coming within 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 town council, and the board of health of said town, if there be such a board, but if there be no such board, then the town council shall have full power to establish such a quarantine

Page 654

by and with the advice of the health officer of said town. 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 the matter of quarantine in said limits, saving only to see to it that they maintain in said area a quarantine not less strict than such State board of health may think best, and said town council shall have full authority to punish any violations of the quarantine rules and regulations of said town committed anywhere within said area, and said mayor and town council may, by resolution, adopt any regulation recommended by the town physician, health officer, board of health, and upon the same being published or posted one time in such manner as they may prescribe and within twelve hours after its posting or publication become a binding ordinance upon all persons within said-town, and within said entire area when it shall so recite. Quarantine and sanitary regulations. Sec. 29. Be it further enacted by the authority aforesaid, That said mayor and town council shall have full power to adopt and enforce such ordinances, rules and regulations as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matter and material from any and all occupied and unoccupied lots and places within the said town limits, at the expense of the owner or owners of said lots and places, who, if they shall refuse or fail, after written notice from the authorities aforesaid, to comply with the terms of the ordinance, rules and regulations, shall be subject to such penalties as may be lawfully prescribed for the same. And such 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 execution 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 streets and sidewalks in said town. Sanitation Sec. 30. Be it further enacted by the authority aforesaid, That the mayor and town council shall have power and authority to elect a health officer, sanitary inspector and such other officers as they may think right and proper; and whose term of office shall be one year, or such time as town council shall prescribe, and whose duty and compensation shall be prescribed and regulated by rules, regulations and ordinances of said town council. Said mayor and town council shall also have power and authority, at any regular or

Page 655

called meeting, to elect a board of health, to consist of five members for such term as town council may prescribe, and at such salaries as they may think right and proper. The members of said board of health shall be each twenty-one years of age and over, a bona fide resident of said town, and shall take and subscribe to such oath and obligation as shall be prescribed and required of them by the said town council. Said town council shall define, declare and regulate, by ordinances and resolutions, the duties and powers of said board of health, not inconsistent with the laws of the State of Georgia. Board of health. Sec. 31. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full power and authority to compel the removal to the typhoid fever and smallpox hospital or any other contagious or infectious disease, any person or persons who shall have typhoid fever, smallpox or any of the said infectious or contagious diseases, in or near said town or the county of Pierce, and who do not provide their premises with sufficient disinfectants, treatments and guards to completely quarantine, regulate and control said premises, but even when the said premises on which said sick person may be sufficiently guarded, it shall be still in the judgment of the town council discretionary to remove all of said sick persons to the hospital above declared. The mayor and town council shall have power and authority to declare by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said town of Blackshear, and within one mile of the corporate limits of said town, and for this purpose said town authorities are hereby given police jurisdiction over all the territory and over all the residents within said prescribed area, 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 town council shall provide in [Illegible Text] ordinances and regulations the time within which all persons, as above referred to, shall be vaccinated, and any person failing or refusing to be vaccinated within the time required in said ordinances, rules and regulations shall, upon conviction, be fined not more than one hundred dollars and costs, or imprisonment in the common jail, or such other place of confinement as the mayor and town council may direct. Contagious and infectious diseases. Sec. 32. Be it enacted by the authority aforesaid, That the mayor and town council shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the town of Blackshear, and that they shall have power and authority to provide by ordinance a penalty for the use of vulgar and obscene language, and to punish lewd and disorderly conduct within the limits

Page 656

of said town, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and good government of and for said town. Disorderly houses. Sec. 33. Be it further enacted by the authority aforesaid, That the mayor and council shall have the complete control of the manufacturing, wholesaling and retailing of spirituous liquors, wine and malt liquors within said town; provided, the license fee for retailing spirituous liquors, wines or malt liquors shall not be less than fifty thousand dollars per annum; and provided further, that no license shall be issued for less time than one year, and no bond shall be taken for the person or persons applying for license unless such bondsmen or his security are actually and bona fide possessors of the amount fixed in said bond over and above all debts, liabilities and exemptions, allowed by the laws of this State, and who upon signing said bond, will make affidavit to their pecuniary qualifications, and will and do sign a waiver of homestead and exemption upon giving the bonds. Sale of liquor. Sec. 34. Be it further enacted by the authority aforesaid, That the said mayor and town council 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; said mayor and town council shall have the power and authority to levy and collect a direct tax for each year, without giving the persons subject to road duty the right to work on the streets, and to provide the time and amounts, when and how to be paid, or they may, in their discretion, permit the persons subject to road duty to work on the streets the number of days required of them, and may commute the service so required of them by the payment to the officers of said town authorized to receive and receipt for the same, such commutation tax as may be fixed by town council; provided, however, that in no event, whether town council shall declare for a direct street tax, or for a commutation tax in lieu of working the streets, shall the amount exceed the sum of five dollars a year. Street work and commutation tax. Sec. 35. Be it further enacted by the authority aforesaid, That said mayor and town council shall have power and authority to license and control all billiard tables, pool tables, or other tables of like kind, or any other kind kept for public pay, tenpin alleys, or other like alleys, within the said town, and to remove the same whenever they become nuisance; also to assess and collect a business license tax on all shows, circuses, exhibitions and performances

Page 657

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 said town. And the mayor and town council shall have power and control over all wells and pumps and all waterworks, fire companies and engines within said town. Gaming places and amusements Sec. 36. Be it further enacted by the authority aforesaid, 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, or the town council, may appoint, for the trial of offenses committed against the bylaws, rules, regulations and ordinances of said town, and for such violations to punish by fines not to exceed one hundred dollars, imprisonment in the guardhouse of said town or the common jail of Pierce county, not to exceed thirty days; work on the chaingang, on the public works, streets, alleys, and so forth, of said town (or if said town has no chaingang, then on any chaingang under control of the authorities of Pierce county), not to exceed sixty days, and any one or more of these 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 police or marshal of said town or by any other officer authorized by law to make arrests, and acting under said warrants, said officers may arrest either within or without the limits of said town. 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 Pierce county to answer to the charge in any court of competent jurisdiction; provided that if said offense is one that is bailable by justices of the peace, said mayor shall admit said accused to bail. If in the examination or trial of any one 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. 37. Be it further enacted by the authority aforesaid, That the mayor and town council of Blackshear shall have power and authority to organize one or more gangs, and to confine at labor therein persons who shall have been sentenced by the police courts of said town to work upon the streets, or who have not paid their street tax, and they shall have power to make all rules and regulations that may be suitable, usual or necessary for the government and control of such work-gangs, and to enforce the same through its proper officers. Chaingang

Page 658

Sec. 38. Be it further enacted by the authority aforesaid, That any person convicted before the police court, may enter an appeal from the judgment of said court to the town council, provided the appeal be entered within two days after the judgment complained of is pronounced; and provided further, the defendant pays all accrued costs in the case and gives bond to abide the final judgment of the case in a sum not to exceed two hundred dollars, said bond to be assessed by the officer passing the judgment, and which bond must be approved by the clerk, or chief of police. The town council shall hear and determine said case so appealed at its next regular term thereafter, and shall investigate the case de novo; provided, that if the defendant is unable to give the bond required, then and in that event, the mayor may call a special meeting of council to dispose of such a case. The town council shall have power, if they find the defendant guilty, to decrease or increase the fine imposed by the mayor, or other presiding officer of the police court. The right of certiorari from the judgment of the mayor's court, or the judgment of council on appeal, shall be had to the superior court of Pierce county, and shall be governed and controlled by the laws of this State governing all certioraries to higher courts. Appeals from Mayor's court. Certiorari. Sec. 39. Be it further enacted by the authority aforesaid, That the police court shall have power and authority to preserve order during the sessions of its court, compel the attendance of witnesses, and to punish for contempt by imprisonment not to exceed five days in the common jail or other place of confinement in said town, or by a fine not to exceed ten dollars; and it is further provided that the town council shall have the same rights to punish for contempt when in regular or called sessions as the police court; provided the punishment for such contempt shall not exceed that of said police court; and fines may be collected by execution issued by the clerk, and levied by the collecting officers of said town, collected as other executions of said town are levied and collected. Contempt Sec. 40. Be it further enacted by the authority aforesaid, That should the mayor, or any member of the town council be guilty of malpractice in office, wilful neglect of duty, gross and wilful abuse of the powers entrusted to them, or for any reason become incompetent or unfit to fill such office, in the judgment of any four members of council, then and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of council jointly, to bring a rule against such offending officer setting up the charges against him before the judge of the superior court of Pierce county, who shall issue a rule nisi thereupon, requiring the said offending

Page 659

officer named therein to appear and show cause before him, at such time and place as he may therein designate, and require the same to be served upon the said officer by handing him a copy of the petition and rule nisi in person, or by leaving a copy at his most notorious place of abode, at least three days before the hearing, and the said judge of the superior court is hereby granted power and authority to hear testimony and pass upon the said rule, and may in his judgment, remove the officer therein charged, and declare the office vacant, and his judgment shall be final. Neglect or malpractice of mayor or alderman. Sec. 41. Be it further enacted by the authority aforesaid, That the mayor and town council shall have power and authority to prevent cattle, horses, mules, goats, hogs, dogs, or other animals from going at large in said town, and to take up and impound any such animals running at large in said town, and to pass and enforce all rules, regulations and ordinances which they may deem necessary and proper for the regulation and control and prevention of all such animals in said town running at large, and they shall have authority to have any dog running at large without a badge killed. Stock law. Sec. 42. Be it further enacted by the authority aforesaid, That all executions issued by the clerk of council of Blackshear shall be directed to the policemen and marshal of said town, and to all and singular the sheriffs and constables of this State, 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 police, marshal or other collecting officer, to advertise the sale of such real estate 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 sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriffs' and constables' sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be in the same as provided by law for sales under executions for State and county taxes. Whenever any land is sold, the owner thereof shall have the privilege of redeeming it within one year, by paying the purchaser the amount paid therefor, with ten per cent. premium thereon. Whenever at any such sales for taxes due, no one present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been cried a reasonable time, then any duly appointed or authorized agent of the town of Blackshear may bid off such property for the town, and the marshal or other officer making the sale shall make the town

Page 660

of Blackshear 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 town council shall have no right to divert or alienate the title of the town to any 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 docket all executions, giving the date, amount of each and to whom delivered, and all proceedings thereunder; said executions shall also be returned to the office of the clerk after being satisfied. When affidavits of illegality, or claims interposed, then all the papers shall by the clerk be transmitted to the clerk of the county court in all matters and things of which this court has jurisdiction. All other illegalities and claims shall be returned to the clerk of the superior court, unless the amount involved be less than fifty dollars, when same shall be returned to the justices court of the 584th district G. M. of Pierce county. In case of illegality or claim filed, the usual and necessary bonds shall be given by the party filing or tendering said illegality or claim. The lien of tax executions in favor of the town of Blackshear shall have priority on property within the corporate limits of the town over all other executions and judgments, except those for State and county taxes. Executions, how issued and executed. Sales for taxes. Illegality and claims. Sec. 43. Be it further enacted by the authority aforesaid, That whenever a person is arrested under the provisions of authority of this Act, or under the ordinances passed by authority of the same, it shall be lawful for him or her to enter into a good and sufficient bond, to be approved by the arresting officer, conditioned for the faithful appearance of such person to answer such charge when the same shall be heard, and shall be payable to the mayor and tow council, 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 county or superior courts of this State; and said mayor is hereby empowered to issue scire facias returnable before him in not less than seven days, nor more than thirty days, when any defendant shall fail to appear in terms of his bond. Upon the return thereof, judgment and execution against the defendant and his sureties shall be entered up, as in State courts, and the sales of all property levied shall be conducted, advertised and made as sales of property under other executions issued by said town, and such judgments and executions shall be a lien on all property of principal and securities, equal in dignity to the judgments and executions of the several courts of this State of the same date, and

Page 661

superior in dignity to all judgments in this State rendered after the date of such judgment of forfeiture. Appearance bonds Forfeitures. Sec. 44. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the mayor and council of Blackshear are hereby authorized and empowered 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, and other sections of said Code, and Acts amendatory thereof, relating thereto, the question of issuing bonds in a sum not to exceed forty thousand dollars ($40,000), and to be held for the purpose of establishing, building, maintaining and operating a system of electric lights, public school building, a system of waterworks, or a system of waterworks and sewerage, one or all systems, for said town of Blackshear, and at said election the ballots shall be written or printed, For electric lights and bonds, or Against electric lights and bonds, For public school buildings and bonds, or Against public school buildings and bonds, For waterworks and bonds, or Against waterworks and bonds, For waterworks, sewerage and bonds, or Against waterworks, sewerage and bonds, as the case may be, according to whether the question is submitted as bonds for electric lights, public school buildings, waterworks, or waterworks and sewerage, or all, the town having the right, it is hereby enacted, to call an election or elections to vote upon the question of establishing, building, maintaining and operating plants for either the lights, public school building, waterworks, or waterworks and sewerage, or for all, as may be deemed most advisable by the mayor and town council of said town. Bonds for school-building, waterworks and electric lights. (a) Should said election or elections herein provided for resuit in favor of electric lights, public school buildings, waterworks, or waterworks and sewerage, or all, as the case may be, then the mayor and town council of Blackshear shall be, and they are, hereby authorized to issue said bonds for said purposes in a sum not to exceed forty thousand dollars in the aggregate, each of said bonds to be issued to be in such sums as said mayor and town council may determine; said bonds to be payable in twenty years, but the interest on said bonds to be paid annually. Bonds, how issued. (b) Said bonds shall be officially signed by the mayor and clerk of Blackshear, under its corporate seal, and shall be sold, hypothecated or disposed of the very best advantage of said town of Blackshear, as may be determined by said mayor and town council of Blackshear, and the proceeds thereof shall be used exclusively for the purpose of establishing, building, maintaining and operative, either a system of electric lights, public school buildings,

Page 662

waterworks, or waterworks and sewerage, or all, as the case may be, for said town. Proceeds of bonds. (c) The mayor and town council of said town shall have fuli power and authority to make any and all rules, regulations and ordinances relative to said electric lights, public school buildings, waterworks, or waterworks and sewerage, and the use of same by the citizens of said town that they may deem right and proper, not in conflict with the laws of this State. Rules and regulations. (d) Said mayor and town council are hereby authorized and empowered to charge the citizens of said town such sums as they, the said mayor and town council, may deem just and proper for the use of said lights, waterworks and sewerage. Sales of water and light. (e) The mayor and town council 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 as they may deem necessary, right and proper, for the specific purpose of paying the interest on said bonds and accumulating a sinking 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. Tax for sinking fund. (f) The principal of said bonds, when they shall become due, and the coupons or interest warrants on the same, shall be receivable by the town of Blackshear in payment of all dues to said town, and said bonds shall not be taxable, directly or indirectly, by the town of Blackshear. Bonds non taxable. (g) Be it further enacted that if the election herein provided for either electric lights, public school buildings, waterworks or waterworks and sewerage, or all, should be against the issuing of bonds for either or all systems, or, should there be a failure to give the notices and make the application for confirmation and validation of said bonds as provided in section 1 to 9 of the Act of the Georgia Legislature, approved December 6th, 1897, providing for the confirmation and validation of all bonds for counties, municipalities and other divisions, then, and in that or either event, the mayor and town council of Blackshear may at their own instance, and shall, on the application of any fifteen 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 town council shall call an election for a vote only as to the lights, public school buildings, waterworks, or waterworks and sewerage, and the same should be for issuing of bonds for that purpose, that they still may call another election at such time as

Page 663

they may deem proper to vote to establishing the other systems; provided that the aggregate amounts of all bonds shall not exceed the amount of forty thousand dollars, the amount herein provided for. Other elections. Sec. 45. Be it further enacted by the authority aforesaid, That the town council of Blackshear are hereby authorized and empowered to establish, support, maintain and control a system of public schools which shall be provided for by local taxation and otherwise in the manner hereinafter provided for in this Act for the town of Blackshear, Pierce county, Georgia; provided, however, that before the local tax can be levied and collected as herein provided for public schools, the mayor and town council, of their own motion, or when requested to do so in writing by fifteen freeholders of said town, shall call and advertise an election in a newspaper published in said town, once a week for four weeks, to be held at the same place as other elections are held in said town, at which election all persons qualified to vote for mayor and aldermen shall be qualified to vote, said election to be held, conducted and managed in all particulars as other elections are required to be held, conducted and managed under the provisions of this charter, and the laws and Constitution of the State of Georgia. The electors at such election shall write or have written on their ballots For tax for public schools, or Against tax for public schools; and in the event that the necessary majority be in favor of local taxation for public schools, then the provisions hereinafter provided for public schools shall immediately go into effect and be of full force; and provided, further, that if at such election the vote should be against taxation for public schools, then the mayor and town council are authorized and empowered to call another election for such purpose at any time; provided a period of six months shall intervene between each election. Local taxation for public schools. Sec. 46. Be it further enacted by the authority aforesaid, That there shall be a board of education for said town, under the corporate name of the Blackshear Board of Education, with rights to sue and be sued in its corporate name, and whose duty it shall be to establish, manage, control and maintain said public school Said board shall consist of five members, to be elected by said mayor and town council within the earliest time practicable after this Act goes into effect. At the first election, two members shall be elected for a term of two years, and three members shall be elected for a term of one year, and thereafter election for members of the board of education shall be held annually at such time as the town council shall fix, or as soon thereafter as practicable, and the terms of members elected after said first election shall be for a

Page 664

term of two years. All vacancies on the board of education shall be filled by special elections for the unexpired term only, and the members of said board shall hold their office until their successors shall be elected and qualified. Before entering upon the discharge of their duties, they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No person shall be eligible to membership upon said board except such person as would be eligible to election as alderman of said town, and no person shall be eligible to election to such membership, who, at the time of his election, is mayor or alderman of said town. That said board of education are authorized and empowered to make such by-laws, rules and regulations for carrying the provisions of this Act into effect, and for their government and control as to them may seem right and proper, which are not in conflict with the laws of this State. Board of education. Sec. 47. Be it further enacted by the authority aforesaid, That the officers of the said board of education shall be a president, vicepresident, secretary and treasurer, and such other officers as the board of education may deem advisable. The secretary and treasurer, who shall be one person, before entering upon the discharge of his duties, shall 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 of education, 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. His term of office shall be for two years and until his successor is elected and qualified. Officers of Board. Sec. 48. Be it further enacted by the authority aforesaid, 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 white children, and also for the colored children of said town, and which for the races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall at a regular meeting order more than one, and in this have the concurrence of the mayor and town council of Blackshear. Public schools. Sec. 49. Be it further enacted by the authority aforesaid, That

Page 665

said board of education shall keep full and accurate minutes of the proceedings of said board, which said board shall meet at least once a month in regular session, and which said minutes and other books shall be subject to the inspection of the mayor and town council, or any other interested citizen of said town. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said schools, shall select 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 school; 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 school, 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, rules and regulations for the government of said board and for the control of said teachers and schools as may be deemed fit and proper; they may provide grades in said schools and provide suitable apparatus, furniture and applicances 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 interest of said town, not in conflict with State laws. Powers and duties of Board of education. Sec. 50. Be it further enacted by the authority aforesaid, That said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board for the benefit of the schools of said town. School property. Sec. 51. Be it further enacted by the authority aforesaid, That said board shall, out of any funds going into their hands, provide schoolhouses by renting, leasing, purchasing or building suitable buildings, and shall properly furnish the same for school purposes The title of all such property shall be in the corporation of the town of Blackshear. School buildings. Sec. 52. Be it further enacted by the authority aforesaid, That the 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 Blackshear, or any interested citizen of said town. The members of said board shall be personally liable to the corporation of Blackshear for all moneys paid to said board for the use of said public schools, and by them appropriated and paid out for any other purpose. School money Sec. 53. Be it further enacted by the authority aforesaid, That

Page 666

said board shall annually make report to the mayor and council of Blackshear 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 year, and like reports shall be furnished at any time by said board to said mayor and council whe nso requested. Reports of Board of education. Sec. 54. Be it further enacted by the authority aforesaid, That the terms of the officers of said board shall be fixed by the bylaws and regulations adopted by said board for its proper government, and no officer shall have any compensation for their services except the secretary and treasurer, whose compensation shall be fixed by the board of education prior to his election and qualification, not to exceed, however, one hundred and fifty dollars ($150.00) per annum; provided, however, that said board by unammous vote can pay reasonable compensation for special services which they may find necessary to secure in order to properly and legally put this system of public schools into operation, and to keep it in proper and legal condition. Officers of Board. Sec. 55. Be it further enacted by the authority aforesaid, That the public schools herein provided for shall run for a period of not more than ten months, scholastic months, nor less than five scholastic months in each year. Scholastic year. Sec. 56. Be it further enacted by the authority aforesaid, That if the election provided for in this charter shall be in favor of public schools, then the mayor and town council of Blackshear shall be authorized and empowered to assess, levy and collect annually a tax, not to exceed one-fifth of one per cent. per annum; that is to say, two dollars on every thousand dollars of property, on all the taxable property of every kind whatsoever in said town; (provided that the entire amount of taxes which can be legally levied in said town shall not exceed one and one-half per cent. per annum), which said school tax shall be used solely and exclusive for the purpose of establishing and maintaining said schools, and providing furniture, apparatus, grounds and buildings for said schools; provided, further, that it shall be lawful in the sound discretion and best judgment and with consent and concurrent approval of the mayor and town council, for the said board of education to charge and require a small incidental or matriculation fee for each scholar admitted into said schools, which amount shall in no event exceed the rate of 50 cents per month. School tax Sec. 57. Be it further enacted by the authority aforesaid, That

Page 667

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 benefits of said schools, and no such child or children shall be required to pay any tuition for such course of duty as is now provided by law in the public schools of the several counties of this State, except the incidental or matriculation fee above mentioned, but the board of education 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 shall become a part of the fund for the maintenance of said public school system, and must be used and accounted for as shall likewise any other fees. Resident and non-resident pupils. Sec. 58. Be it further enacted by the authority aforesaid, That said board of education shall determine as early as practicable in each year what amount of money will be necessary to be raised by taxation to defray the expenses of said public schools for the ensuing year, and shall submit such finding in writing to the mayor and town council, and when the taxes for such purpose is levied and collected, the collecting officer of said town shall pay over same to the secretary and treasurer of said board of education; said taxes shall be collected and assessed as the other taxes of said town are. Said taxes to be paid out under order of the said board under such regulations and requirements as they shall provide. School tax, how levied and collected. Sec. 59. Be it further enacted by the authority aforesaid, That the board of education of Pierce county, or such body as may have charge of the public schools of said county, shall not establish or open any schools within the corporate limits of said town of Blackshear, nor have any authority or voice in the management of the schools therein established under the provisions of this Act by the board of education of Blackshear. Other schools. Sec. 60. Be it further enacted by the authority aforesaid, That the State school commissioner of Georgia shall pay over to the board of education of Blackshear 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 the town of Blackshear, increased by the number of children of school age residing without the limits of said town, but residing within the limits of Pierce county, who attend such school. For each child of school age residing within the corporate limits, and for each child of school age residing without the corporate limits in Pierce county, but attending said public schools of Blackshear, the town of Blackshear 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 Pierce. The amount

Page 668

thus 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 the said public schools of Blackshear. It shall be the duty of the board of education to have, prepare and furnish the State school commissioner, immediately upon the establishment of said public schools, and annually thereafter, in the fall of each year, at such time as they may establish a list of census of all school children of school age in the said town of Blackshear, and of all school children of school age residing in the county of Pierce, who attend said public schools in said town. The board of education may admit the children of non-residents upon such terms as to them may seem reasonable and just. Distributive share of State school fund and of county school fund. Sec. 61. Be it further enacted by the authority aforesaid, That all assessments of taxes and all funds arising from or collected under this Act shall be by the corporate authorities of the town of Blackshear kept separate and distinct from other assessments and collections of said town, and are to be used solely for the purposes herein designated; and the mayor and town council shall keep a separate, full and distinct itemized account, showing all moneys raised, when, how and from whom and what, and the disposition of the same, to whom, when and for what purpose paid out. School fund. Sec. 62. Be it further enacted by the authority aforesaid, That all provisions of former Acts of the General Assembly of the State of Georgia incorporating the town of Blackshear, and now constituting the present charter of said town, which are at variance or conflict with the provisions of this Act, are hereby expressly repealed, and that the provisions of this Act shall become operative when the same is passed by the General Assembly and approved by the Governor of the State of Georgia, 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 24, 1905. BLAKELY, ACT ESTABLISHING DISPENSARY AMENDED. No. 479. An Act to amend an Act to establish a dispensary in the town of Blakely, Early county, Georgia, for the sale of ardent spirits, malt liquors, wines, ciders, and for other purposes.

Page 669

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, That the above recited Act, which was approved December 16, 1897, be, and is, hereby amended in the following respects: 1st. By striking all the words of section 1 of said Act following the enacting clause down to, but not including, the words any member of said board may be removed, etc., in the first section of said Act, and substituting in lieu thereof the following words, to wit: There shall be a body politic, which shall also be a body corporate, known as the Board of Commissioners of the Dispensary in Blakely, until their successors are elected and qualified as hereinafter provided. Said board shall consist of the following persons: A. J. Singletary, E. Hilton, T. B. McDowell, G. S. Waller and J. W. Fort. Immediately after the date of this Act going into effect the persons above named shall determine by lot the date on which their respective terms shall expire, and a memorandum thereof shall be made upon the minutes of the board of county commissioners of roads and revenues of Early county. The term of one of them shall expire September 1, 1907, and one on the first of September of each succeeding year thereafter till all shall have expired. Their successors shall be elected for the term of five years, except in cases of elections to fill vacancies, which shall be for the unexpired term, so that one member of said board shall be elected each year for a term beginning September 1st thereof. The successors to the members mentioned above shall be elected from time to time by the board of commissioners of roads and revenues of Early county. Said board so elected, appointed and constituted shall succeed to all the rights, properties, powers and duties of the present existing board of commissioners of dispensary in Blakely, so that said section, when so amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, That there shall be a body politic which also shall be a body corporate, known as the `Board of Commissioners of the Dispensary in Blakely,' until their successors are elected and qualified as hereinafter provided. Said board shall consist of the following persons: A. J. Singletary, E. Hilton, T. B. McDowell, G. S. Waller and J. W. Fort. Immediately after the date of this Act going into effect the persons above named shall determine by lot the date on which their respective terms shall expire, and a memorandum thereof shall be made upon the minutes of the board of commissioners of roads and revenues of Early county. The term of one of them shall expire September

Page 670

1, 1907, and one on the 1st of September of each succeeding year, till all shall have expired. Their successors shall be elected for a term of 5 years, except in case of elections to fill vacancies, which shall be for the unexpired term, so that one member of said board shall be elected each year for a term beginning on September 1st thereof. The successors of the members mentioned above shall be elected from time to time by the board of county commissioners of roads and revenues of Early county. Said board so elected, appointed and constituted shall succeed to all the rights, properties and powers and duties of the present existing board of commissioners of dispensary in Blakely. Any member of said board may be removed at any time after ten days' notice to him by the judge of the superior court of said county for any malfeasance or malpractice in office by said commissioner, or for any wilful or negligent failure on his part to perform the duties required of him by this Act. Said board shall have the right to elect from their number a chairman and also to elect a treasurer, who may or may not be a member of said board, and he shall be ex officio secretary of said board. Any three of said board shall constitute a quorum for the transaction of business. Blakely; Board of Commissioners of dispensary. SEC. 2. This Act shall go into effect January 1, 1906. Approved August 23, 1905. BOGART, TOWN OF INCORPORATED. No. 288. An Act to incorporate the town of Bogart, in Oconee county, Georgia; to provide for a mayor and officers of said town; to provide for the levying and collecting of taxes; to prescribe the duties; to define their powers; to provide all matters of municipal concern and cognizance, and to provide for the enactment of all necessary ordinances, and to provide for penalties for violation of same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town of Bogart, in Oconee county, Georgia, is hereby incorporated under the name of town of Bogart. Bogart, town of, incorporated. SEC. 2. Be it further enacted, That the center of the corporate limits of said town of Bogart shall be at a center point in said town, where Fifth street and the main track of the Seaboard

Page 671

Air Line railway intersects, and shall extend one-half () mile north, east, south and west from this said point; the corporate limits of said town to be in the shape of a square, the sides of which are to be one mile each. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of the town of Bogart shall consist of a mayor and four aldermen, who are hereby constituted a body politic and corporate, under the name and style of the town of Bogart, and by that name and style shall have perpetual succession; shall have a common seal; shall be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors for the use of the town of Bogart any estate or estates, real or personal, of whatever kind and nature, within the jurisdictional limits of the town of Bogart, and shall by the said name be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State, and shall exercise all corporate powers, rights and privileges granted by and under the laws of this State to like municipalities. Mayor and aldermen. SEC. 4. Be it further enacted, That J. W. Bradberry be, and is, hereby appointed mayor of said town of Bogart, and J. L. McElory, W. A. Nunnally, L. C. Crow and Jas. D. Walls are hereby appointed councilmen of said town, to hold said offices until the first regular election as hereinafter provided for, and until their successors are elected and qualified. Councilmen appointed. SEC. 5. Be it further enacted, That on the first Tuesday in February, 1906, an election shall be held in said town of Bogart for the purpose of electing a mayor and four aldermen; that said mayor shall be elected for a term of two years from the date of his election, and two of the councilmen for a term of one year from the date of their election, and the remaining two councilmen for a term of two years, and that they shall hold their office until their successors are elected and qualified, and that there shall be annually thereafter an election held in said town of Bogart on the first Tuesday in February of each year for the purpose of electing said councilmen and mayor as their terms of office may expire. All councilmen after first said election shall be elected for a term of two years. Election for mayor and aldermen. SEC. 6. Be it further enacted, That the mayor and councilmen shall have the power, and it shall be their duty, to elect a mayor pro tem. annually at the first meeting of the mayor and council after said annual election, and after said newly elected mayor and councilmen have been installed, or as soon thereafter as possible for a term of one year, which mayor pro tem. shall be

Page 672

clothed with all powers, rights, privileges and duties of mayorelect when and during the sickness of the mayor or his absence from the town of Bogart, or from any other cause that may disqualify said mayor to act as such, upon the said mayor pro tem. taking the oath prescribed for mayor, and not otherwise. If, however, the mayor pro tem. as well as the mayor-elect by the people be unable from any cause to attend to their duties, the council shall elect another mayor pro tem., who shall thereby be clothed with all the rights, powers and duties of the mayor of the town of Bogart, upon taking the oath of mayor, and who shall serve only during the absence of the mayor or mayor pro tem. proper, or when both are disqualified. Mayor pro tem. SEC. 7. Be it further enacted, That no person shall be eligible as mayor of the town of Bogart unless he shall have attained the age of 25 years, is a citizen [Illegible Text] the United States, and shall have resided in the corporate limits of said town one year immediately preceding his election, and that no person shall be eligible to be councilman of said town of Bogart unless he shall have attained the age of 21 years, is a citizen of the United States, and shall have resided in the town of Bogart six months immediately preceding his election. Eligibility to office [Illegible Text] mayor and councilman. SEC. 8. Be it further enacted, That before the mayor and councilmen enter upon the discharge of their duties as such, they shall take and 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 well and truly perform the duties of mayor (or councilman, as the case may be,) of the town of Bogart, by adopting and enforcing such methods as may in may judgment be calculated to promote the general welfare of the town of Bogart, and I do further swear that I have not practiced any unlawful means, direct or indirect, to procure my election, and that I have not given or offered or promised or caused to be given, or offered or promised, to any person any money, treat, or anything of value with any intent to affect any vote or prevent any person voting at the election at which I was elected, so help me God. The clerk of council is also authorized and empowered to administer this oath. Oath of mayor and councilmen. SEC. 9. Be it further enacted, That the mayor shall be the chief executive of the town of Bogart; he shall see that all laws and ordinances of said town are faithfully executed; shall have a general supervision over the marshal of said town; he shall examine and audit all accounts against the town before payment, not exceeding $5.00. All accounts exceeding $5.00 shall be audited

Page 673

by the mayor and council before payment; he shall have power to convene council in extra session whenever in his judgment the exigencies of the case require it, and he shall be required to convene council in extra session whenever petitioned by two-thirds of the council. Said mayor shall have a general supervision over the streets of said town, and also the public buildings. The mayor, or in his absence the mayor pro tem., shall have full power and authority to hold at such times and places and under such rules and regulations as may be prescribed by ordinance, a mayor's court for the town of Bogart for the trial of offenders against the laws and ordinances of said town of Bogart, and impose such penalties for the violation thereof as may be prescribed by ordinance, not to exceed one hundred and fifty dollars, or imprisonment and labor on the public streets or works of said town not to exceed one hundred days for each offense, or to impose both penalties if the mayor sees fit. Powers of mayor. Mayor's court. SEC. 10. Be it further enacted, That if any person shall be dissatisfied with any judgment pronounced against him by the mayor, such person shall have the right to appeal to the council at its next regular meeting by giving notice of the time said judgment is pronounced, or when the officer goes to execute the same, which notice should supersede the said judgment until the hearing of said appeal; provided the parties thus appealing shall give bond of good security, to be judged or approved of by the mayor or party trying said case, payable to said mayor and his successors in office, and conditioned to stand and abide any judgment to be rendered in said case, which bond may be forfeited for non-appearance, and upon failure to show cause judgment may be rendered by said mayor and council as on forfeited recognizances in the superior courts of this State, and execution had under such powers as are usual for issuing executions, the same to bear attest in the name of said mayor, and to be issued and signed by the clerk of the council. Appeals from mayor's court. Appeal bond. SEC. 11. Be it further enacted, That in the trial of appeal cases, judgment of the mayor shall stand unaltered unless changed by a majority vote of the council. SEC. 12. Be it further enacted, That the council of said town on hearing any appeal case, shall have the power to increase the penalty imposed by the mayor should the cause of appeal be deemed frivolous, and a writ of certiorari to the superior court shall lie to all judgments of the mayor and council imposing any imprisonment or fine. Certiorari. SEC. 13. Be it further enacted, That the amount of appeal

Page 674

bond in all cases from the mayor's court shall never be less than the amount of the fine imposed, including costs, and shall not be more than $200.00. Appeal bond. SEC. 14. Be it further enacted, That all applications for a writ of certiorari to review the judgment, either of the mayor's court or of the council, on appeal, shall be made to and sanctioned by the judge of the superior court and filed in ten days after the decision, and not afterwards. In all other respects, except as to time in which said application is to be made, they shall be governed by the same rules and regulations as control applications for certiorari from the justice courts in this State. Certiorari. SEC. 15. Be it further enacted, The mayor of said town shall have the right to vote on all questions coming before said mayor and council, and also the right to vote in the election of the officers of the town of Bogart. The salary of the mayor of said town shall be fixed by the mayor and council immediately after the inauguration of each newly elected mayor of said town, and shall not exceed $500.00 per annum. The salary of said council shall be fixed annually by the mayor and council after the inauguration of the new councilmen of each year, and shall not exceed the sum of $50.00. Mayor's vote; salary of mayor and councilmen. SEC. 16. Be it further enacted, The mayor and council of the town of Bogart shall have full power and authority to pass all ordinances respecting the streets of said town, to open and lay out the same, respecting the public buildings, workhouses, carriages, wagons, carts, trades, itinerant traders or peddlers, wells, springs, care of the poor, suppression of disorderly houses or lewd houses, and for other regulations or ordinances that shall appear necessary and proper for the security, welfare and interest of said town, or for preserving the peace, health, order and good government of said town; provided such regulation or ordinance is not in conflict with this charter or with the Constitution and laws of the State or of the United States. Powers of mayor and council. SEC. 17. Be it further enacted, The mayor and council of the town of Bogart shall elect at the first meeting of the council in each year after the general municipal election, and after said new councilmen or mayor are installed in office a marshal, a clerk of council, who shall be ex officio treasurer, tax-receiver, tax-collector and clerk of the mayor's court of said town of Bogart, and such other officers as the mayor and council may deem necessary in the government of said town. They shall be elected for a term of one year, and all of said officers unless removed for cause, shall hold their office until their successors are elected and

Page 675

qualified, and the said mayor and council shall establish the fees and salaries of said officers immediately preceding their election, and when once fixed shall not be increased or diminished during their term of office; said mayor and council shall also fix the bonds and prescribe the duties of said officers by ordinance; they shall have the power and authority to remove from said office any of said officers for a breach, neglect or incapacity to discharge their duties before their term of office expires. Municipal officers. SEC. 18. It shall be the duty of the clerk of council to attend all meetings of said council, and such meetings as are called by the mayor, to notify the several councilmen of the said call meetings, to keep a fair and regular minute of all proceedings of the council and receive and collect all the town taxes and disburse the same under the direction of the council, and such other duties and powers as the mayor and council may impose. The clerk of council shall give a bond of good security for the faithful performance of all the duties, payable to the mayor and his successors in office (who are hereby authorized to bring suit thereon) in such sum as council may direct. Duties of clerk. SEC. 19. Be it further enacted, That the mayor and council shall have power annually to levy and collect an ad valorem tax not to exceed one-half of one per cent. on all the property, real and personal, subject to State and county taxes within the corporate limits of said town for the purpose of carrying into effect the provision of this charter, and that such taxes shall become due and collectable at such time and in such manner as may be prescribed by ordinance of said mayor and council. Ad valorem tax. SEC. 20. Be it further enacted, That the mayor and council shall have the authority to levy and collect a specific or license tax upon any business, trade or occupation carried on or conducted within the corporate limits of said town of Bogart, and to levy and collect a street tax not to exceed $3.00 per annum upon each male person between such ages as council may designate, and shall have the power to pass such ordinances as is necessary for the enforcement of the collection of said taxes. Special taxes. SEC. 21. Be it further enacted, That the annual municipal election of said town shall be held in such place in the town of Bogart as the mayor and council may direct on the first Tuesday in February of each year, and that the polls of said election shall be opened at nine o'clock forenoon and closed at four o'clock in the afternoon. Said election shall be held under the superintendence of three freeholders of the town of Bogart, who shall be appointed at least five days before said election, and each of said

Page 676

managers, before entering upon his duties, shall take an oath before each other (and they are hereby authorized to administer such oaths) that he will fairly and impartially conduct such election and prevent all illegal voting to the best of his skill and power. Should any manager so appointed fail or decline to act, then the mayor shall appoint others in their stead. Elections, where and how held. SEC. 22. Be it further enacted, That all citizens qualified to vote for members of the General Assembly of Georgia, and shall have paid all taxes legally imposed and demanded of them by the authorities of the town of Bogart and paid into the treasury of the same, and shall have resided six months in the State, and one month immediately preceding the election within the jurisdictional limits of said town of Bogart, and no other person shall be qualified to vote at any election in said town for mayor and councilmen. Voters. SEC. 23. B it further enacted, That the clerk of council shall open a list for the registration of voters at his office on the first day of July in each year, which list shall be kept open until four o'clock p. m. of the first day of January, when the same shall be closed finally and absolutely. Registration of voters. SEC. 24. Be it further enacted, That the said clerk upon the application of any person qualified to vote for the members of the General Assembly within the time prescribed by law for the registration list to be kept open, shall register the name of such person; provided such person shall take the following oath to be administered to him by the clerk: You do solemnly swear that you are a citizen of the United States; that you are 21 years of age, or will be on or before the next general municipal election, and that you have resided in the State for the past six months, and within the corporate limits of the town of Bogart for one month last past, and that you have paid all taxes legally imposed and demanded of you by the authorities of the town of Bogart, and you do further swear that you have paid all taxes required of you by the State and county since the adoption of the Constitution of 1887, except for this year, so help you God. Registration oath. SEC. 25. Be it further enacted, That the clerk shall keep a record of the names of all persons so registered and publish the same in alphabetical order by posting such registration list at the council chamber at least five days before the election. Registration list. SEC. 26. Be it further enacted, That the clerk of the council shall also furnish the managers of said election of the town of Bogart with a list of voters (being a copy of the registration list up to the time of the final closing of the same), and the said

Page 677

managers shall check off the names on said list as they are voted and allow no one to vote who has not registered. When the ballots shall have been closed at the time prescribed in this Act the managers shall count said ballots and certify upon the tally sheet the number of votes received by each candidate, which tally sheet and ballots, together with a list of the voters shall, upon the same day of the election, or as soon thereafter as possible, be returned to the mayor, who shall immediately convene council, and the said mayor and council, in the presence of said managers, shall consolidate said returns and declare the result of said election, the persons receiving the highest and greatest number of votes being declared elected. When such persons shall have been declared elected it shall be the duty of the clerk of council to notify them of their election, and the said mayor and council shall convene on the first Wednesday in February thereafter for the purpose of inaugurating said newly elected mayor or councilmen, as the case may be. Election managers. SEC. 27. Be it further enacted, That at said municipal election there shall be kept two lists of voters and two tally sheets, the same to be kept by the clerks to be employed by said managers, and the names of the voters shall be numbered in the order of voting. As each ballot is received by the managers the number of votes on the list shall be marked on the ballot before being deposited in the boxes, and when any vote is challenged, the word chalenged shall also be written on said ballot and opposite the name on the list. Ballots. SEC. 28. Be it further enacted, That any person shall have the right to challenge any vote, and said voter shall not then be allowed to vote unless he again subscribes to oath before said managers, which is administered by the clerk for the purpose of registration. Challenge SEC. 29. Be it further enacted, That when any tax, either specific or ad valorem, shall become due and collectable by the town of Bogart, said clerk of council shall have the authority to issue fi. fas. for the amount of said taxes, which fi. fas. shall be directed to the marshal of said town of Bogart, and that said marshal shall have the authority to levy and collect said fi. fas. under the same rules and regulations as other tax fi. fas. in the State of Georgia are levied and collected, said mayor and council having the authority to prescribe by ordinances the different costs attached to said fi. fa. Tax fi: fas. SEC. 30. Be it further enacted, That said mayor and council of the town of Bogart shall have the right to supervise all tax returns,

Page 678

both real and personal, and when in their opinion any of said property is returned for less than its real value they shall have the right to increase the returns of any person to the proper value of the property, and when said increase is so made the clerk of council shall notify said party of said increase in his returns, and unless said party shall file with the clerk of council at the next regular meeting after said notice, an affidavit stating that he will sell his property for a less amount than the amount for which he is assessed by the mayor and council, stating the amount that he will sell said property for in said affidavit; said assessment of the mayor and council shall remain valid and binding. If, however, said person shall state the amount for which he will sell said property the assessment shall be reduced to this amount or a purchaser furnished to buy said property. Each piece of real estate is to be returned separately and all personal property separate as far as practical, to the clerk of council each year in such manner and at such time as mayor and council may direct. Tax returns SEC. 31. Be it further enacted, That the mayor and council of the town of Bogart have authority to pass such ordinances, rules and regulations for the interest of said town and for the enforcement of said charter as they may see fit, provided the same are not contrary to the laws of the State of Georgia or of the United States. General welfare. SEC. 32. Be it further enacted, That all general laws now in force in the State of Georgia pertaining to municipalities of this class are hereby adopted and made a part of this charter. General law. SEC. 33. 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 24, 1905. BRUNSWICK, CHARTER AMENDED. No. 107. An Act to amend the charter of the city of Brunswick, and to authorize the mayor and council of said city to convey in fee simple to the Atlantic and Birmingham Railway Company that portion of G street in said city extending from the Western line of A street to the eastern line of Y street, and also to authorize said mayor and council to grant said railway company

Page 679

the use of that portion of the western side of A street extending northernly a distance of six hundred and seventy-two (672) feet from the northern line of new town lot number one hundred and twenty-nine (129), and having uniform width of twelve (12) feet, to H street, for depot purposes, such conveyance and grant to be executed and delivered upon such terms, considerations and conditions as may be agreed upon between said the mayor and council of the city of Brunswick and said Atlantic and Birmingham Railway Company, and also to authorize the mayor and council of the city of Brunswick to convey in fee simple to Glynn county, Georgia, or its duly constituted authorities, that certain square in said city known as Magnolia Square, for the purpose of erecting thereon a county court-house for said county, the same to be done upon such terms, considerations and conditions as may be agreed upon between said the mayor and council of said city of Brunswick and the commissioners of roads and revenues of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the city of Brunswick, Georgia, be, and the same is, hereby authorized and empowered to convey, in fee simple, to Atlantic and Birmingham Railway Company that portion of G street in said city extending from the western line of A street to the eastern line of Y street; and also to grant to said railway company for depot purposes the use of that portion of the western side of A street extending northernly a distance of six hundred and seventy-two (672) feet from the northern line of new town lot one hundred and twenty-nine (129) in said city, a uniform width of twelve feet, to H street. Said mayor and council shall have the right to make such conveyance and grant of uses upon such terms, conditions and considerations as may be agreed upon between it and the said railway company, and to execute and deliver to said railway company such deed or other writing as may be necessary to vest said company with the fee simple title to the portion of G street described and to grant such user to the portion of A street described. Brunswick; conveyances of lands to A. B. Ry. Co. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Brunswick is hereby authorized and empowered to convey in fee simple to Glynn county, Georgia, or its duly constituted authorities, all that certain public square in said city and known as Magnolia Square, said conveyance

Page 680

to be for the express purpose of said county or county authorities erecting in said square a county court-house for said county, and said conveyance is to be made upon such terms, conditions and consideration as may be agreed on between said the mayor and council of the city of Brunswick and the commissioners of roads and revenues of Glynn county. Conveyances to county. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. BRUNSWICK, CHARTER AMENDED. No. 104. An Act to amend an Act entitled an Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes therein mentioned, approved August 27, 1872, and the several Acts amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 1 of the Act of the General Assembly entitled an Act to amend the charter of the city of Brunswick, etc., said Act having been approved August 6, 1904, and appearing on page 385 et seq., of the published Acts and Resolutions of the General Assembly of the State of Georgia for 1904, be amended by adding after the words equalize the valuation for taxation the following words: and said board of equalizers shall have full power and authority to summon witnesses and to compel the production of books, papers, documents or writings, to compel witnesses to answer all questions that may be legal or pertinent to the matter under investigation, and to punish as for a contempt by fine not to exceed fifty dollars or imprisonment not to exceed thirty days in the jail of said city or by both, any person who shall fail or refuse without lawful excuse to obey any summons issued by said board of equalizers, or by any one of them, and served on such person, or who shall fail or refuse to produce before said board any books, papers, documents or other writings in his possession, custody or control after being duly served with notice so to do, or who shall fail or refuse to answer any legal

Page 681

and pertinent question that may be asked him by said board, or by any one of them while sitting as a board, and the marshal of said city and all the other police officers thereof shall be authorized to serve all subp[oelig]nas and to carry out the lawful orders of said board; and also to strike out the rest of said section from the word sitting and substituting in lieu thereof the following: Said board of equalizers shall sit at each three years' period not more than thirty days, but shall be allowed twenty days after finishing said sittings within which to make up their findings and report to the mayor and council of the city of Brunswick. Said board shall only pass on valuations of real estate exclusive of improvements once in every three years, but shall annually pass on valuations of all improvements on real estate and upon valuations of personal property, and the final valuation of such board rendered shall be binding and conclusive on all persons owning property in said city and upon the mayor and council of said city, for the time so fixed. This is to take the place of arbitration of values, so that said section, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority thereof, That for the year 1905, and all succeeding years, assessment of the property of the city of Brunswick for taxation shall be made once every three years, commencing with the year 1905, except as to improvement upon real property and increase or decrease of personal property, which shall be assessed each year, and a board of equalizers shall be elected for the year 1905 by the mayor and council of the city of Brunswick, namely, to consist of three members of the citizens of Brunswick, to serve for one, two and three years respectively, and one new member to be elected each succeeding year by the mayor and council of the city of Brunswick, each election after the first being for a period of three years; and such board of equalization for the year 1905, and for each period of three years thereafter, after taking an oath to be provided by ordinance, to faithfully perform the duties prescribed, shall examine the assessors' valuations of all property for taxation, hear evidence thereon, when deemed necessary, and equalize the valuation for taxation. And said board of equalizers shall have full power and authority to summon witnesses and to compel the production of books, papers, documents or writings, to compel witnesses to answer all questions that may be legal or pertinent to the matter under investigation, and to punish as for a contempt by fine not to exceed fifty dollars or imprisonment not to exceed thirty days in the jail of said city or

Page 682

by both, any person who shall fail or refuse without lawful excuse to obey any summons issued by said board of equalizers, or by any one of them, and served on such person, or who shall fail or refuse to produce before said board any books, papers, documents or other writings in his possession, custody, or control after being duly served with notice so to do, or who shall fail or refuse to answer any legal and pertinent question that may be asked him by said board, or by any one of them while sitting as a board, and the marshal of said city and all the other police officers thereof shall be authorized to serve all subp[oelig]nas and to carry out the lawful orders of said board. Said board of equalizers shall sit at each three years' period not more than thirty days, but shall be allowed twenty days after finishing said sittings within which to make up their findings and report to the mayor and council of the city of Brunswick. Said board shall only pass on valuations of real estate exclusive of improvements once in every three years, but shall annually pass on valuations of all improvements on real estate and upon valuations of personal property, and the final valuations of such board rendered shall be binding and conclusive on all persons owning property in said city and upon the mayor and council of said city, for the time so fixed. This is to take the place of arbitration of values. Brunswick; charter amended. Taxation; Board of equalizers, election and powers. SEC. 2. Be it further enacted by the authority aforesaid, That section 10 of said Act of 1904 be repealed, and in lieu thereof that the following be enacted: Be it further enacted by the authority aforesaid, That for each and every year, commencing with the year 1906, there shall be levied by the mayor and council of the city of Brunswick a tax to be expended for the public schools in said city under the direction of the board of education of Glynn county, of one-tenth of one per cent. on the assessed value of all property in said city as assessed for taxation in each year separate from and exclusive of taxes and revenues collected from town commons. School tax SEC. 3. Be it further enacted by the authority aforesaid, That whenever the mayor and acting mayor of said city shall be absent therefrom at the same time, or whenever both the mayor and acting mayor may be disqualified, or from providential cause unable to preside in any case, any alderman of said city shall be authorized to preside in the police court of said city, and the alderman so presiding shall have all the powers and authority of the mayor therein. Aldermen may hold police court. SEC. 4. Be it further enacted by the authority aforesaid, That from and after January 1, 1906, each person, firm or corporation

Page 683

engaged in the business of retailing spirituous, vinous or malt liquors in the city of Brunswick, shall be required to pay to the mayor and council of said city an annual license charge of not less than one thousand dollars; provided, that all persons, firms or corporations who have paid said mayor and council a license for doing such retail liquor business in said city for the present fiscal year of said municipality, and have had licenses issued by the corporate authorities, authorizing the licensees licensees to conduct such business until February 1, 1906, shall be entitled to have deducted from the amount of such license to be paid for engaging in such retail liquor dealers' business in the year 1906, one-twelfth of the amount of such license as the same may be fixed by the said mayor and council for the year 1906. No such license shall be prorated, except that on and after July 1st of any year said mayor and council may issue such a license good throughout December 31st of any such year, for a sum of not less than five hundred dollars. Provided further, that the amount of said license fee of one thousand dollars per annum may be increased or diminished by a majority vote of the mayor and council of said city of Brunswick elected to serve for any year subsequent to said year 1906. Liquor license. SEC. 5. Be it further enacted by the authority aforesaid, That section 36 of the Acts of the General Assembly of 1889 amending the charter of the city of Brunswick, and appearing on page 1040 of the published Acts and Resolutions of the General Assembly of 1889, be amended by adding at the end of said section the following: No person shall be liable to any penalty fixed by any ordinance, by-law or resolution until the same shall have been published, but all such ordinances, by-laws and resolutions shall be presumed to have been published within three days after passage; after such time the burden shall be upon the accused to show that such ordinance, by-law or resolution was not published as provided by law; provided, that any person violating any quarantine ordinance regulation adopted by the mayor and council of the city of Brunswick may be punished even before the publication of such ordinance or regulation. The city printer of said city shall be required to give bond, the amount to be fixed by the mayor and council, for the faithful performance of his duties and the publication of minutes, ordinances, rules and regulations of the mayor and council aforesaid, but such ordinances, rules and regulations shall be fully published when in the opinion of the mayor and council an emergency arises demanding it, by posting copies thereof certified by the clerk of said mayor and council as

Page 684

true, at the city hall of said city, and also at the court-house door of said county. Publication of ordinances City printer. SEC. 6. Be it further enacted by the authority aforesaid, That section 14 of said Act of 1904, approved August 6, 1904, be, and the same is, hereby repealed. SEC. 7. Be it further enacted by the authority aforesaid, That all of section 3 of said Act of 1904, approved August 6, 1904, be repealed, and that in lieu thereof the following be enacted: When any policeman or other officer of said city shall have been tried by the mayor and council of said city for any offense against the ordinances, laws, rules and regulations of said mayor and council, or of the State of Georgia, or for any breach of or non-performance of duty, and such policeman or other officer of said city shall have been found guilty by said mayor and council, said trial shall be final and not subject to appeal or certiorari and shall not be reversible by any court or tribunal. Trials of policeman and officers. SEC. 8. Be it further enacted by the authority aforesaid, That section 7 of said Act of 1904, approved August 6, 1904, be repealed, and that in lieu thereof the following be enacted: Whenever a person is arrested for violating any law, ordinance or regulation of said mayor and council, it shall be competent for the arresting officer, or other person having authority to take an appearance bond, to take a cash bond from the person so arrested, and upon failure of the person arrested to appear in the police court of said city at the time when notified to do so without lawful excuse for such failure, the mayor, or other presiding officer in said police court, shall declare the amount of cash so deposited as a bond forfeited to the mayor and council of the city of Brunswick, and the same shall be converted at once into the city treasury and become the property of said mayor and council of the city of Brunswick. Forfeitures. SEC. 9. Be it further enacted by the authority aforesaid, That section 8 of said Act of 1904, approved August 6, 1904, be repealed, and that in lieu thereof the following be enacted: The execution of laws, ordinances and resolutions shall be by officers of said mayor and council of the city of Brunswick, or by boards now created or to be created by said corporation for such purpose, and such officers and members of all such boards shall be liable to trial and removal as are other officers of said city. The powers and duties of such officers and boards shall be such as are now or may hereafter be prescribed by law or by ordinances of said city. Municipal law, by whom and how executed. SEC. 10. Be it further enacted by the authority aforesaid, That

Page 685

section 9 of said Act of 1904, approved August 6, 1904, be repealed, and that in lieu thereof the following be enacted: The mayor and council of the city of Brunswick may at any called or special meeting only consider and pass upon such matters as are not by existing laws required to be considered or passed upon at a regular or adjourned meeting. Meeting of mayor and council. SEC. 11. Be it further enacted by the authority aforesaid, That all of section 26 of said Acts of 1889 be repealed, and that in lieu thereof the following be enacted: That section 27 of said Act of 1872 be stricken, and the following be inserted in its place and stead: That the mayor and aldermen of said city shall have the authority and power, by ordinances or resolutions, or either, to order the owner of any lot to make such pavements or sidewalks, or to pave such sidewalks adjoining said lot, or to make repairs of the same as said mayor and aldermen may deem necessary; or to pave one-third of the streets next such lot, or to fill up any such lot to any grade of the streets of said city as said mayor and aldermen may think best; or the owner of any wharf to repair and keep in repair the same, and if such owner shall fail or refuse to begin doing in good faith the paving, repairing, filling or making sidewalks which he may be directed to do by ordinance or resolution within thirty days after being served with a copy of the order of said mayor and aldermen in that regard, or after begun such work shall fail to complete same within a period of time to be fixed by said mayor and aldermen, then, and in either case, unless the mayor and aldermen grant further time, the mayor and council of the city of Brunswick shall be empowered to lay such sidewalk, pave such street, repair such pavement or streets or fill up or grade such lots, or repair and keep in repair such wharf, at the cost and expense of such owner, and issue execution against such owner for such amount as it may cost them to do said work, with costs, which execution shall be issued, levied, returned and directed as tax executions against owners of returned property in said city, and all further proceedings on said execution as to advertising and selling the property shall be the same as in case of advertisement and sale under tax executions in said city. For these purposes the person returning and claiming such lot or wharf property for city taxes shall be regarded and taken to be the owner thereof, and if two or more make return of and claim to own the same lot, the city 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

Page 686

first instance, and for the cost of doing it by said authorities as aforesaid in the second instance. The order herein required to be served on the owner of any lot shall be in writing signed by the mayor, and shall be served by the marshal or any other officer of said city, on the owner either personally or by leaving it at his most notorious place of abode, if he be a resident of said city; if he be a non-resident, but has a known agent for his property in said city, service shall be made on said known agent in the same way as on said resident owner; but if he be a non-resident of said city and has no known agent resident therein, then service shall be made by publication of said order once a week for four weeks in the newspaper which shall be the official organ of said mayor and council at said time, before said mayor and council shall undertake the said work of laying a sidewalk, paving, repairing or filling. And where no person returns or claims such property as shall be required to be filled up or graded or paved around, either for sidewalk or street or filling in, or to be so repaired as above mentioned, then no notice shall be given, but said mayor and council shall note the fact, and at once proceed to do such work, and then issue executions for the amount of the same and costs against the property, as tax executions issue for taxes against non-returned property, and all provisions as to sales from first to last, as in this Act provided, with regard to non-returned property for taxes shall be followed, and apply in this instance; provided, however, that the person against whom execution shall issue 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 or collected before the affidavit is received, and the affidavit received for the balance; and all such affidavits so received shall be returned to the city court of Brunswick or to the superior court of Glynn county, whichever court shall be first in session, and there tried, and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. Street and wharfim provements. SEC. 12. Be it further enacted by the authority aforesaid, That section 15 of said Acts of 1904, approved August 6th, 1904, be, and the same is, hereby repealed. SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 687

BUENA VISTA, WATERWORKS BONDS. No. 616. An Act to amend an Act, approved October 9th, 1891, entitled an Act to establish a system of waterworks for the town of Buena Vista, Georgia, to authorize the mayor and council to issue bonds for the same, and to levy and collect a tax to pay all necessary expenses for the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 6 of the above recited Act, approved October 9th, 1891, be amended by striking therefrom ten thousand in the fourth and fifth lines of said section and inserting the words fifteen thousand. Be it further enacted, That said section 6 be further amended by striking therefrom the words fifty, nor more than than one hundred, in the fifth and sixth lines of said section, and inserting the words five hundred, nor more than one thousand dollars. Be it further enacted, That said section 6 be amended by striking the word annually, in the tenth line of said section. Be it further enacted, That said section 6 be amended by striking the words in the nineteenth line of said section, principal and, and adding after the words in said lines, due said year, the following words: And one-thirteenth of the issues; so that said section, as amended, shall read as follows: Be it further enacted, That should said election be in favor of waterworks and bonds, the mayor and council of said town shall issue bonds, and they are hereby authorized to issue bonds for said town to not exceed fifteen thousand dollars, and of denominations not less than five hundred dollars, nor more than one thousand dollars, said bonds to be signed by the mayor and recorder of said town, and to bear interest at the rate of not more than six per cent. per annum, and to be known as the Buena Vista waterworks bonds, payable at such time as the mayor and council may determine or fix, and as to the amount of each as they may determine, so that the last will become due at the expiration of thirty years from their issue; provided, that the mayor and council are hereby empowered at and before the isuing of said bonds to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of the said bonds as they become due; provided the tax for said purpose shall not exceed for any one year the sum of the interest falling due said year and one-thirtieth

Page 688

of the issue; said bonds shall be sold by mayor and council for not less than par. Buena Vista. Waterworks bonds. 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 23, 1905. BUENA VISTA, SINKING FUND TO PAY BONDS. No. 617. An Act to authorize the mayor and city council of Buena Vista, Georgia, to elect commissioners to hold, manage and invest the sinking fund levied and to be levied to pay the bonded debt of Buena Vista, Georgia, in bonds of the United States, bonds of the State of Georgia, or the municipalities of the State of Georgia, which bonds have been properly validated, or to loan said fund on the above described collaterals or on other giltedge securities, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That there shall be created in the town of Buena Vista, in this State, a board of commissioners to be known as the commissioners of the bonded debt of the town of Buena Vista. The commission shall be composed of three citizens of the town of Buena Vista, who shall be appointed by the mayor and council of the town of Buena Vista. The said commissioners shall be elected as follows: One for one year, one for two years, and one for three years, for first term after passage of this Act, and thereafter they shall be elected for a term of three years, and they shall hold office until their successors are elected and qualified. The decision of any question by said board shall require the concurrence of a majority of the members of said board. Buena Vista; commissioners of bonded debt. SEC. 2. The said commissioners shall elect from their number a chairman of said board, who shall hold his office until his term shall expire and his successor is elected and qualified. The recorder of the town of Buena Vista shall be ex officio clerk of said board, and shall keep a correct record of all the proceedings of said board. The treasurer of the town of Buena Vista shall keep correct account of the receipts and disbursements of said board of commissioners. Said records and accounts shall be kept in books separate from the other books of the municipality,

Page 689

and shall at all times be open to examination and inspection by the public. Chairman, clerk and treasurer of commissioners. SEC. 3. The commissioners are authorized to manage, loan and invest all moneys belonging to the sinking fund levied and to be levied to pay the bonded debt of the town of Buena Vista in bonds of the United States, bonds of the State of Georgia or bonds of the municipalities of the State of Georgia which have been properly validated. The commissioners are further authorized to loan this fund on the above described collaterals or on other gilt-edge securities, as they deem best; provided, they shall not loan more than five hundred dollars to any one party without the written unanimous approval of the city council of Buena Vista, Georgia. Sinking fund. SEC. 4. The treasurer of the town of Buena Vista shall, upon the official books of the town, open an account with said commissioners and shall, so soon as received, pass to their credit all of the money collected to pay the bonded debt of said town, and shall keep said money so received separate and distinct from the general funds of the town, and shall pay the same upon demand, either in whole or in part, as may be required, to the said board of commissioners upon their warrant with proper collaterals attached or notes and collaterals upon which loan is to be made attached, signed by the chairman and members of said board. Investment of sinking fund. SEC. 5. It shall be the duty of the commissioners to deliver immediately upon making any investment the bonds, mortgages, notes or other evidences of debt so obtained to the treasurer of the town, together with a full report of their actions and doings. It shall be the duty of said commissioners to have all bonds, mortgages, notes or other evidences of debt made payable to the treasurer of the town of Buena Vista and his successors in office. Custodian of securities. SEC. 6. The commissioners are required to keep a record of all their proceedings and to make no investments or loans without first passing orders which have been entered properly in their minute book. The recorder of said town, whose duty it is to keep said book of minutes, shall exhibit the same to the mayor and council of the town of Buena Vista at every official meeting of said body. Books of account and record. SEC. 7. Upon the election and qualification of any member of said board he shall subscribe to the following oath: I do solemnly swear to fulfill the duties of the office of commissioner of the bonded debt of the town of Buena Vista to the best of

Page 690

my ability and judgment. I accept the handling of all moneys or its equivalent as property of the town of Buena Vista, Georgia, in trust. So help me God, which said oath shall be recorded on the minutes of the city council. Oath of commissioners. 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 23, 1905. BYROMVILLE, TOWN OF, INCORPORATED. No. 111. An Act to incorporate the town of Byromville, in the county of Dooly; to define its corporate limits; to provide for a mayor and councilmen and other officers of said town; to prescribe their duties, and to provide for the enacting of all necessary legislation or 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 authority of the same. That the town of Byromville, in the county of Dooly, be, and the same is, hereby declared to be incorporated under the name and style of the town of Byromville, and as such shall have perpetual succession, shall be entitled to sue and be sued, plead and be impleaded, have all the rights that are common and incident to municipal corporations in this State and do such other acts as may be authorized by this Act. By romville; own of, incorporated SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall embrace all that territory included within and between the east side of D avenue and west side of Fourth avenue and the north side of Fourth street and the south side of D street; the centre of said town being the centre of the intersection of Main street and Central avenue, according to the registered map now of file in the office of the clerk of the superior court of said county. Corporate limits. SEC. 3. Be it further enacted, That W. F. Webb be and he is hereby appointed mayor of the said town, and J. H. Swearengen, S. b. Byrom, J. H. Thompson, J. A. Fitzgerald, J. T. Coleman and S. L. Webb are hereby appointed councilmen of

Page 691

said town, to hold their offices until their successors are elected and qualified. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That an election shall be held in said town on the first Wednesday in December, 1905, and on each succeeding first Wednesday in December of each succeeding year; at the first election held under this charter on the first Wednesday in December, 1905, and biennially thereafter, there shall be elected a mayor and three councilmen, to hold their offices for two years and until their successors are duly elected and qualified; and at the election on the first Wednesday in December, 1906, and biennially thereafter, three councilmen shall be elected, to hold their offices for two years and until their successors are elected and qualified; all of which elections shall be held by a justice of the peace of said county and two freeholders of said town, or in case of the absence of a justice of the peace, then by three freeholders of said town, and shall be conducted in all respects as elections for members of the General Assembly are now held, and at which elections all persons who have duly registered under the provisions of this charter and are otherwise qualified to vote for members of the General Assembly in said county of Dooly shall be qualified to vote, and the persons who receive the highest number of legal votes shall be declared elected and receive from said managers a certificate of such election, and as soon as they take their oath of office shall enter upon the discharge of their official duties of their respective offices. Elections for mayor and councilmen. SEC. 5. Be it further enacted, That the clerk and treasurer of said town shall keep a book, to be labeled Registration book of the town of Byromville, in which upon personal application he shall register, or permit the applicant to register, in alphabetical lists, keeping a separate list for white and colored voters, the names of all male persons who shall make and subscribe the following oath, I , do solemnly swear that I am a citizen and qualified voter of the State of Georgia and county of Dooly, according to the Constitution and laws thereof, that on the first Wednesday in December next I will have been a bona fide resident of the town of Byromville for the sixty days immediately preceding, and have paid all taxes that have been legally demanded of me by said town. Sworn to and subscribed before me this day of , 190. , Clerk and Treasurer of the town of Byromville. Such registration book shall be kept open, for the registration of voters, from the thirtieth to the tenth day immediately preceding all

Page 692

elections in said town, whether regular, special, or called for any purpose. Said book shall be present at all such elections, in charge of said clerk and treasurer, and for the use and guidance of the managers of such elections, and no person whose name does not appear therein as having so duly registered shall be allowed to vote at any such election. The clerk and treasurer shall for such service in and about such registration receive such pay therefor as may be fixed by the mayor and councilmen of said town, either specially or a part of his general duties. Registration of voters. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen of said town shall, upon the book of minutes of said town, take and subscribe the following oath or affirmation: I do solemnly swear that I will discharge the duties devolving upon me as mayor or councilman, as the case may be, of the town of Byromville, to the best of my understanding and ability, so help me God, which oath may be administered by any person authorized by law to administer oaths. Oath of mayor and councilmen. SEC. 7. Be it further enacted, That said mayor and councilmen shall be the power in meeting assembled, to pass all laws, rules, regulations, by-laws, and ordinances that they may deem necessary for the government of said town, the protection of the life, liberty, and property of its citizens or sojourners therein, the protection of the well-being, safety, and health of itx citizens, and in all matters safeguard the best interests of the people, and do all things needful and necessary that are not repugnant to the Constitution and laws of said State or the United States. Powers of mayor and councilmen. SEC. 8. Be it further enacted, That said mayor and councilmen shall have power and authority to annually levy and collect taxes, not to exceed the sum of one-half of one per centum, upon all property, both real and personal, within the limits of said town that is taxable under the laws of said State; the collection of such taxes may be enforced by execution issued by the clerk said treasurer of said town, issued in the name of the mayor and councilmen of the town of Byromville and against such delinquent taxpayer, or in rem against property whose owner is unknown, and said execution may be levied by the marshal of said town or his deputy, and after advertisement in any newspaper published in said town, or in three or more public places in said town, sold at an established public place in said town, described in such advertisement, as other sales under tax execution. The said mayor and councilmen shall also have the power and authority to require all persons within the

Page 693

corporate limits of said town, who are subject to road duty under the laws of said State, to work the streets of said town under the direction of the marshal or his deputy for a period of ten days in each year, or they may divide said work into different periods, not to exceed in the aggregate ten days in each calendar year, or they may prescribe a commutation tax not to exceed the sum of three dollars, which may be paid in lieu of such work upon the streets. Taxation. Street work and commutation tax. SEC. 9. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected from among the councilmen by the councilmen themselves), shall be chief executive officer of said town. It shall be his duty to see that all the ordinances, by-laws, rules, regulations and orders of the mayor, or the mayor and councilmen, are fully executed, and he shall have control of the marshal of said town and his [Illegible Text] and he may appoint special police whenever he may deem it necessary; and it shall be his special duty to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have the power to issue execution for all fines, penalties and costs imposed by him, and issue warrant for the arrest of all disorderly persons, or those guilty of disorderly couduct in said town, and in default of immediate payment of all fines and penalties and costs imposed, he may imprison the offender. The fine imposed by said mayor or mayor pro tem. shall in no case exceed the sum of one hundred dollars, and the imprisonment shall be in the common guardhouse of said town, or such other place of safe-keeping as they may designate, and shall be for not longer than ninety days, or he may in lieu of imprisonment sentence such offender to work upon the streets of said town for a period not to exceed ninety days from the date of such sentence, or to date when the same is finally put into execution. Powers and duties of mayor. SEC. 10. Be it further enacted, That said mayor and councilmen, at their first meeting after they have been elected and installed, shall elect a clerk and treasurer, who may be one of their own number, or any citizen of said town, and at the same time they shall elect a marshal, and if necessary a deputy marshal. Before entering upon the discharge of their duties, such clerk and treasurer shall execute a good and solvent bond, made payable to the mayor and councilmen of the town of Byromville, and their successors in office, in such sum as may be required by said mayor

Page 694

and councilmen, in a sum not less than one thousand dollars, and such marshal and such deputy marshal shall likewise execute a bond in such sum as may be likewise required, in a sum not less than five hundred dollars, each conditioned that they will well and truly faithfully discharge the duties pertaining to their respective offices, and well and truly account for and pay over upon demand to their successors or to the mayor and councilmen, if required, all moneys in their hands that may belong to said town; and shall also take and subscribe an oath to be administered by said mayor or mayor pro tem. to well and truly faithfully discharge all the duties pertaining to their respective offices, to the best of their skill and power. Clerk, treasurer and marshal. SEC. 11. Be it further enacted, That the clerk and treasurer and the marshal and deputy marshals of said town shall receive from the public treasury such salaries as the mayor and councilmen in meeting assembled may deem just and proper, said salaries to be determined before the election of such officers. Salaries of officers. SEC. 12. Be it further enacted, That the mayor of said town shall receive as his compensation from the public treasury such salary as the councilmen, at their first meeting after their installation in each year, may fix, not to exceed fifty dollars per annum. Salary of mayor. SEC. 13. Be it further enacted, That in case of the death, resignation or removal from the limits of said town of the mayor, upon such fact being made known to the mayor pro tem., he shall order an election to fill such vacancy; and in case of the death, resignation or removal from the limits of said town of any councilman, then upon such fact being made known to the mayor, he shall order an election to fill such vacancy. All elections to fill such vacancies shall be held at the usual place of holding the regular elections in such town, after publication of notice in any newspaper published in said town or at three or more public places in said town, for the space of thirty days, in which notice the time and place of such election shall be specified and the vacancy or vacancies to be filled; and all the provisions of this charter in reference to the holding of regular elections shall apply to such special election. Vacancies. SEC. 14. Be it further enacted, That said mayor and councilmen shall have power to tax all shows to which admission fee is charged, and in addition to the ad valorem tax hereinbefore specified, shall have the power to tax all business enterprises or callings in said town, as they may deem to the best interests of said town. Special taxes. SEC. 15. Be it further enacted, That the said mayor and

Page 695

councilmen shall have the power to close, open, alter, cut and keep in good order and repair the roads, streets, avenues, alleys, sidewalks, crossways, street crossings and ditches of said town for the use of the public and the citizens thereof, and keep them from obstruction, and abate or cause to be abated what, in the opinion of a majority of the whole council should be a nuisance; and enact all necessary rules and regulations, including compulsory vaccination, to protect the health of the town and for general sanitary purposes. Streets, etc 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 19, 1905. CAMAK, SCHOOL TAX. No. 517. An Act to amend an Act incorporating the town of Camak, in the county of Warren, and State of Georgia, approved December 22d, 1898, and providing for the levy by the municipal authorities of said town of a special tax for the maintenance of public schools, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the charter of the town of Camak, county of Warren, be so amended as to provide for a special school tax to be levied upon the citizens and property-owners within the limits of said town of Camak for the maintenance of public schools within said town. Camak, charter amended. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Camak, in Warren county, be, and they are, hereby authorized and empowered to levy and collect a tax upon the taxable property within said town annually; provided said tax does not exceed one and one-half per cent. for the purpose of defraying the expenses of said town and establishing and maintaining schools therein. School tax SEC. 3. Be it further enacted by the authority aforesaid, That all children whose parents, guardians, or natural proctectors, who bona fide reside in the corporate limits of said town, shall be entitled to the benefits of said schools. That said mayor and council

Page 696

may, in their discretion, charge each pupil attending any of said schools an incidental fee, not to exceed three dollars, and may also admit children in said school whose parents, guardians or natural protectors do not reside in the corporate limits of said town, upon the payment of such sum as tuition, or incidental fee, as said authorities may deem proper. Admission of resident and non-resident pupils SEC. 4. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to employ teachers for said schools, fix their salaries and make rules for the government of said schools. Teachers, etc. SEC. 5. Be it further enacted by the authority aforesaid, That the white and colored children of said town shall be taught in separate schools. Separate schools for the white and colored. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and council shall make or cause to be made, annually, a full and complete list of the pupils in attendance in said schools, who reside in said town of Camak, and present the same to the county school commissioner of Warren county, and said school commissioner is hereby authorized, empowered and directed to pay over to the treasurer of said town of Camak, or such officer as the mayor and council may appoint to receive the same annually, the proportionate part of the public school fund of Warren county that would be devoted to the payment of teachers to instruct and teach the pupils attending school in said town in case there were no public schools in said town. Distributive share of county school fund. SEC. 7. Be it further enacted by the authority aforesaid, That before this Act shall become operative and go into effect, the mayor shall order an election, giving at least ten days' notice of the same, to ascertain the sense of the qualified voters of said town as to whether public schools shall be established in said town or not; and if it shall be decided in the affirmative by the necessary constitutional majority, then said mayor and council shall proceed to levy a tax and establish schools as provided for in this Act. Should it be decided in the negative as to establishing public schools, said mayor and council may order an election, as provided for in this section, every twelve months, to take the sense of the qualified voters of said town as to the establishment of public schools. Ratification of this Act. Other elections. SEC. 8. Be it further enacted by the authority aforesaid, That any election held under this Act shall be held under the same rules and regulations as govern other elections in said town, and the superintendents of said elections shall return to the mayor and council aforesaid the result of said election, and said mayor and

Page 697

council shall open the returns of said elections in open session and declare the result and have it entered upon the minutes of said mayor and council. Election returns. SEC. 9. Be it further enacted by the authority aforesaid, That in determining the question whether or not two-thirds of the qualified voters in said town voted in favor of establishing public schools in said town, the number of persons that voted in the last general election in said town shall be taken as a correct enumeration of the qualified voters in said town. Qualified voters. SEC. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. CAMILLA, CHARTER AMENDED. No. 256. An Act to amend the charter of the town of Camilla, in Mitchell county, so as to change the said town of Camilla into the city of Camilla; to change the terms of office of the mayor, councilmen and treasurer of said town; to change the date of election 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 authority of the same, That an Act creating a new charter for the town of Camilla, approved October 24th, 1887, be, and the same is, hereby amended by striking out the word town in said charter whenever it may occur, and inserting in its place the word city, so that said amended charter will read city of Camilla instead of town of Camilla, it being the purpose of this Act to create the city of Camilla, and the territory and inhabitants now or hereafter embraced in the corporate limits mentioned in said Act are hereby incorporated as the city of Camilla. Camilla; city of, incorporated SEC. 2. Be it further enacted, That the present terms of office of the mayor, councilmen and treasurer of said town shall expire on the 1st day of January, 1906, and that an election be held for their successors on the second Wednesday in December, 1905, and that the terms of office of said successors and all subsequent mayors, councilmen and treasurers shall be for two years, and

Page 698

until their successors are elected and qualified, and the time for the election shall be on the second Wednesday in December in each alternate year after the year 1905. Municipal officers, 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 9, 1905. CAMPTON, TOWN OF, INCORPORATED. No. 162. An Act to incorporate the town of Campton, in the county of Walton, and define its limits; to provide for a mayor and council and other officers of said town, and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory embraced within the limits of one-half of a mile in every direction from a point in the center of the road in front of the storehouse of William F. Camp, at the place now called Campton, be incorporated under the name and style of the town of Campton, and said town is hereby incorporated. Campton; town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a mayor and four councilmen, who shall have been bona fide citizens resident of said town for the full term of six months just preceding their election to office. Said municipal government shall be styled the town of Campton, and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold, own, possess, sell and convey for the use of said town any real or personal property of any kind, or purchase such real and personal property as is necessary for the use of said town. That the said mayor and council of said town may pass such ordinances, rules, resolutions, by-laws, and regulations, not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States, which they may deem necessary

Page 699

to the good government of said town, the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violations of such rules, ordinances, by-laws and regulations, and enforce such penalties when they have been fixed. Mayor and councilmen, powers of. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council shall be elected by the qualified voters of said town, on any Saturday after the passage of this Act, after notice is given in writing, signed by five or more of the citizens within said territory, and posted at three or more public places within said limits, at least ten days before the day named in said election notice as the day for holding such election for mayor and councilmen for said town. All other elections for mayor and councilmen shall be on the first Saturday in each year. The regular terms of office of the mayor and councilmen of said town shall be for one year, or until the election and qualification of their successors, except when a vacancy occurs by death, resignation, or otherwise, when the remaining members shall fill such vacancy of mayor or councilmen, by an election held by them for such purpose at any time, to fill the unexpired term of the person, or persons, causing such vacancy. Mayor and councilmen, election o. SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at some convenient point near the center of said town, and after the same has been selected, it shall be known as the voting precinct of the town of Campton, subject to be changed by the mayor and council, after giving ten days' notice in writing, posted at three or more public places in said town. The managers at all elections held in and for said town shall be three freeholders, all to be residents of said town, or a justice of the peace of the county of Walton and two such freeholders, who before entering upon the discharge of their duties shall take and subscribe to the following oath: All of us do swear that we are qualified to hold an election for the town of Campton under its charter; that we will faithfully superintend this day's election and make a just and true return thereof; that we will let no one vote in this election unless we believe he is entitled to vote in the same, nor will we knowingly prohibit any one from voting who is by law entitled to vote. Said affidavit shall be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in Walton county authorized by law to administer oaths, or if no such officer can be conveniently had, said managers may each take and subscribe to said oath in the presence of each other. Elections, where and how held.

Page 700

SEC. 5. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from 8 o'clock a. m. till 3 o'clock p. m., when the polls shall be closed and the managers of the election shall proceed to count the ballots, declare and certify the result thereof. They shall keep a list of all the voters who vote in the election, and a tally sheet showing the number of votes for each person voted for, and when they have counted all the ballots, they shall certify said tally sheet and list of voters on the same, showing that they are correct, and seal them up and deliver them to one of their number to be by him kept sealed, without inspection, for at least 30 days, and at the expiration of said time he shall destroy them, without inspection, unless notice of a contest of said election has been filed. Election returns. SEC. 6. Be it further enacted by the authority aforesaid, That all persons residing in the town of Campton who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all taxes due by him to said State, county and town, and done all work required of them on the streets of said town, and have resided in said town six months just prior to the day of election, shall be considered electors and entitled to vote in said town elections, and no others shall be allowed to vote therein. Electors. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen elected or appointed to fill a vacancy as the case may be, shall take and subscribe to the following oath, in addition to the oath required to be taken by all civil officers of this State: I do solemnly swear that I will well and truly perform the duties of mayor (or councilmen, as the case may be,) of the town of Campton, by adopting such measures as in my judgment will most promote the general welfare of the inhabitants of said town and the common interests thereof, so help me God. Oath of mayor and councilmen. SEC. 8. Be it enacted by the authority aforesaid, That the salaries of the mayor and councilmen of said town shall be fixed by them at their first meeting after their election each year, and the same entered on their minutes, and no change shall be made in their salaries during their terms of office; provided, however, the salary of the mayor shall never exceed the sum of fifty dollars per annum. Said mayor and council shall elect their marshals, clerk, treasurer and such other officers as are, in their opinion, necessary to carry out the provisions of this charter, fix their compensation, and take such bonds as is necessary and usual in such cases, and prescribe an oath of office to be administered to them before entering on the discharge of their duties. Salaries of mayor and councilmen. Municipal officers.

Page 701

SEC. 9. Be it further enacted by the authority aforesaid, That at the first meeting each year of the mayor and council of said town they shall elect one of their number as mayor pro tem., who shall have authority to discharge all the duties of mayor whenever from sickness, absence or any cause the mayor is disqualified, or can not act. Mayor pro tem. SEC. 10. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town, to be held by the mayor in the council chamber, or some other convenient place in said town, as often as it is necessary. Said court shall have the right and power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment in the calaboose of said town not exceeding five days, or a fine not exceeding five dollars, either one or both. In the absence of or disqualification of the mayor and the mayor pro tem. of said town, any member of said council may preside over said court and exercise the powers of a mayor of said town in the trial of cases. Mayor's court. SEC. 11. Be it further enacted by the authority aforesaid, That the said mayor's court shall have full power and authority upon conviction to sentence any offender against the laws of said town to hard labor on the streets of said town, or any other work in said town for a period not exceeding fifty days, or to impose a fine not to exceed fifty dollars, or to sentence the offender to the town prison for a term not exceeding thirty days; either one or all of said penalties may be inflicted on an offender after conviction, in the discretion of the court. Penalties SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to remove all nuisances in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinance or resolution. And it shall be their duty to prevent by ordinance and suitable penalties the running at large of stock, horses, mules, cattle, hogs, sheep, goats or other animals in said town, and provide for the impounding of such animals at the expense of the owners thereof, and for the sale of the same to pay the expenses of such impounding, including feed bills. Nuisances. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have control of the streets, sidewalks, bridges, alleys, cemeteries and all public property in said town, and they may prohibit any encroachments thereon, or interference therewith, and they shall have power to locate all cemeteries therein. They shall have power to lay off

Page 702

and open new streets and alleys, to widen and straighten any streets and alleys in said town, and for these and other public purposes they may condemn the owner's property in the manner now provided by law for condemning property for public use, the damages to be paid out of the treasury of said town. Streets, etc SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power to pass any ordinances not in conflict with the laws of the State of Georgia, or of the United States, to prohibit the storage or keeping for any illegal purpose within the corporate limits of said town any wines, beer, malt, alcoholic, or intoxicating drinks of any kind, and to punish any person for violating such ordinances. Storage of liquor. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to require every male inhabitant of said town who has resided in said town 30 days and is within the ages of from sixteen to fifty years, to work such length of time on the streets of said town as said mayor and council shall direct, not to exceed ten days for any one year. Said persons so subject to work on the streets shall have the right to relieve themselves of such work by paying to said town authorities a commutation tax not to exceed the sum of three dollars per annum, to be fixed by ordinance. Said work to be done, and said commutation tax to be paid at such times as the council may prescribe. Any person failing to work when required, and failing to pay such commutation tax shall be punished in the manner prescribed by ordinance. Street work and commutation tax. SEC. 16. Be it further enacted by the authority aforesaid, That in all cases where any taxes, fines, forfeitures, commutation tax or license fees are not promptly paid when due, the mayor of said town, on his own motion, shall issue execution against such delinquent for such sums as are due, and it shall be the duty of the marshal of said town to levy the same on any property of the defendant in such fi. fa., and if it be personal property, advertise the same at three or more public places in said town for ten days, and sell said property at the expiration of said time on the day named in said advertisement, between the hours of 10 o'clock a. m. and four o'clock p. m., to satisfy said fi. fa. If it be real property so levied on, said marshal shall return the fi. fa. with his entry of levy thereon to the sheriff of Walton county, that the property may be by said sheriff advertised and sold in the manner that all sheriff's sales are made; provided, however, if a claim or affidavit of illegality be filed to such fi. fa. and levy, the same shall be returned to the superior court of Walton

Page 703

county, in case of real property, ten days before the term of court at which it shall be tried, or if said fi. fa. be levied on personal property such fi. fa. shall be returned in like manner to the city or county court of said county for trial, or if there be not city or county court, said fi. fa. shall be returned to the superior court. In either case, the claim of illegality shall be tried as all other cases of like kind. Executions for municipal dues. Claims and illegalities. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and council may levy and collect for town purposes a tax not to exceed fifty cents on every $100.00 on all real and personal property in said town subject to be taxed under the laws of the State of Georgia. Said tax to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations, to be found in sections 717 and 718, chapter 3, article 1, page 204 of volume 1, of the Code of 1895 of the State of Georgia. Said property to be assessed at its value on the 1st day of April of each year; provided, however, the taxpayers shall first have the right to give in their tax under oath during the month of April, and when so given in said assessors may, in their discretion, decrease or increase said tax returns so as to get at its true tax value. Said mayor and council shall have the right, without reference to said board of assessors, to fix and collect, by execution if necessary, a special tax or license on all kinds of business, callings, professions, or occupations carried on in said town, and to punish by proper ordinance any person failing to pay said tax or license fees before engaging in business. Taxation. SEC. 18. Be it further enacted by the authority aforesaid, That said mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all such meetings the mayor, if present, shall preside, and he may vote on all questionsthree votes being necessary in all cases to carry any question, or elect any officer by said body. A less number, in the absence of a quorum, may adjourn a meeting over to a future time. Meetings of mayor and councilmen. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, and shall see that all ordinances, rules, regulations and resolutions of the town are faithfully executed. He shall look after the finances of the town, making reports to the council from time to time, showing the receipts and expenditures of all departments, and the status of said town generally. He shall have general jurisdiction of the affairs of the town, not in conflict with the jurisdiction of the mayor and council as a body corporate. He shall have control

Page 704

of the police of said town, and may appoint special policemen whenever in his judgment it is necessary. He shall have the same powers of a justice of the peace, to attest papers and administer oaths in said town, and to issue warrants for offenses against the State laws committed in said town, and hold courts of inquiry and commit offenders to the county jail, in default of bond, in the same manner and under the same rules and regulations of the justices of the peace of said State. Powers and duties of mayor. SEC. 20. Be it further enacted by the authority aforesaid, That the marshal, deputy marshals, or any policeman lawfully appointed in said town, may arrest without a warrant any person he may see violating any ordinance of said town, or any person reported to him as having violated any ordinance of said town, and carry such offender before the mayor's court for trial, and to this end may summon any citizen or citizens as a posse to assist in such arrests. He shall inform the mayor of the nature of the offense committed by the person or persons arrested, and the mayor shall enter on his docket such charge with a reasonable specification, and the party or parties so charged shall be required to answer to the same without any further written accusation; provided, however, he or she shall at once be notified of the charge so preferred and be given a reasonable time to prepare for trial. Arrests of offenders. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor in his discretion, where the ends of justice seem to require it, may allow the accused in his court to give bond for his appearance to answer any charge at some future day fixed by the court, in a reasonable sum with good security, and if the accused fails to appear at the time fixed in his bond, the mayor shall enter on his docket opposite such case the words, Bond forfeited, and at once issue a rule or order requiring the principal and security in such bond to show cause at a future time why said bond should not be absolutely forfeited and judgment entered against them for the full amount of the bond and costs. A copy of said order shall be served on said principal and security, by the town marshal or his deputy, at least ten days before the day fixed for the trial of said case, and if said defendants fail to appear, or do appear and fail to show good and sufficient cause why the accused did not appear to answer the charge against him, judgment shall be entered thereon for the amount of said bond and costs, and fi. fa. issued and collected in the same manner that other fi. fas. are collected in said town; provided, that no bond for violating an ordinance of said town shall be required of more than fifty dollars for one offense. Appearance bonds and forfeitures.

Page 705

SEC. 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshals of said town to prosecute all offenders against the State laws, where the offense is committed within the corporate limits of said town, and to that end they shall swear out warrants or cause the same to be done, and arrest such offenders and carry them before the mayor of said town, or some other judicial officer for trial and commitment, and such officer shall hold a court of inquiry, and commit or discharge the accused under the same rules that obtain in such cases before a justice of the peace. It shall be the duty of the marshals of said town to keep order in said town, to serve all orders and execute all judgments of the mayor's court, and discharge all other duties imposed on him by the laws, rules, ordinances and regulations of said town, and all orders, processes, writs and fi. fas. shall be directed to the marshals of said town and signed by the mayor thereof. Marshal, duties of. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall fix by ordinance the fees to be charged by the officers of said town for services performed by them, not to exceed the fees allowed the sheriffs, clerks, tax-collectors and justices of the peace for similar services, and said officers shall never charge or accept under any circumstances any more fees than is allowed by such ordinance. Fees of officers. SEC. 24. Be it further enacted by the authority aforesaid, That the expenditures of said town government and the compensation of its officers shall be paid out of the town treasury, on the order of the mayor, countersigned by the clerk of council. The treasurer shall keep a book in which he shall enter a true and correct record of all sums of money coming into his hands with a memorandum showing the sources from whence it came, and he shall in like manner make entries on said book of all sums paid out by him, to whom paid, the date of payment, and the nature of the claim paid. He shall also take from the party a receipt for the amount so paid. Said book and receipts to be subject to the inspection of the mayor and council, or any one of them at all times, and to a reasonable inspection by any citizen of said town. Disbursements of municipal funds. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority and power to establish and maintain a chain-gang for the purpose of working on the streets and elsewhere in said town, such persons as are convicted for violating the ordinances of said town and sentenced to work in said chain-gang. And the mayor and council are empowered

Page 706

to pass all necessary rules and laws for the regulation of the same, not in conflict with the laws of Georgia. Chaingang SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority when they deem it necessary to appoint three good, intelligent citizens of said town as a sanitary committee, one of whom shall be a member of the town council. That it shall be their duty to visit the different parts of the town at least twice a year, to wit: in the spring and in the fall, and make a report each time as to the sanitary condition of the town, with recommendations as to what is needed to be done. When such report is made in writing by two members of said board, or committee, whether concurred in by the other member, the council shall at once take some action on such report and recommendations, and if there appears no good reason they shall carry out the recommendation of the committee. Sanitation SEC. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. CANTON, CHARTER AMENDED. No. 408. An Act to amend an Act incorporating the town of Canton, in the county of Cherokee, approved December 12, 1882, to confer additional powers on the same, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved December 12, 1882, creating a charter for the town of Canton, in Cherokee county, be, and the same is, hereby amended as herein set out. The said municipal corporation shall be known as the town of Canton, and as such shall have a seal; shall sue and be sued; shall contract and be contracted with; shall buy, own, lease, rent, sell and convey property, both real and personal; shall borrow money and issue bonds; shall collect an ad valorem tax not exceeding three-tenths of one per cent. for school purposes, and not exceeding one-half of one per cent. for all other purposes, and such special taxes as are herein allowed; may protect any individual and

Page 707

public assemblies; may abate a nuisance; may regulate the keeping and storing of gunpowder, kerosene, dynamite and any other explosive and inflammable substance; may regulate the running of any engine and blowing of whistles; may provide a place for the burial of the dead; may protect, care for, and regulate any cemetery, public or private, and may perform such other duties and have such powers as hereinafter set out. Canton; charter amended, corporate name and powers. SEC. 2. Be it further enacted, That said corporation shall have authority to license, regulate and tax not exceeding ten dollars annually any hotel, restaurant, boarding-house, livery stable, public hack and dray, auctioneer, itinerant trader, peddler and business house, and may regulate, control and tax not less than two dollars nor more than one hundred dollars any show, theater, shooting gallery, tenpin-alley, skating-rink, billiard table, pool table, flying-horse or merry-go-round. Business tax. SEC. 3. Be it further enacted, That it shall have control of its streets and sidewalks; it may regulate the manner of riding and driving on the same; may lay out, open, widen, close, work, grade, curb and pave its streets and sidewalks, and may charge any and all of the expenses of curbing and paving any sidewalk to the adjacent and abutting property owner; it may prohibit the running at large of any domestic animal and fowl of all kind upon its streets; it may grant and refuse to grant any franchise for any public improvement, street railroad, gas plant, electric plant, waterworks system and telephone system; it may put in sewerage necessary to drain said town, and may compel property owners to connect with the same; it may condemn private property to open and widen streets, lay down sewer pipes and water pipes under the same rules as now provided by law to open roads; it may regulate and prohibit shooting and burning of any fireworks upon its streets. Streets, etc SEC. 4. Be it further enacted, That said corporation shall have authority to pass all laws and ordinances to more effectually carry out and enforce the authorities herein granted; to prevent any disorderly, immoral and illegal conduct that may be to the general interest and welfare of the public and of said town of Canton, that is not in conflict with the laws of the State of Georgia; it may attach penalties for the violation of its law and ordinances by fines not exceeding one hundred dollars, and may imprison or work on its chain-gang not exceeding sixty days and imprisonment not exceeding thirty days, either or both of said punishments. Police powers.

Page 708

SEC. 5. Be it further enacted, That it may establish a chaingang for working any violators of its laws and ordinances under such rules as it deems best. Chaingang SEC. 6. Be it further enacted, That said corporation shall have authority to prohibit, license, regulate, control and tax the manufacture, sale and storing for illegal purposes any whiskey, liquor, brandy, wine, beer and any other alcoholic drink and beverage; provided, this is not to repeal any special statute now in force prohibiting the same. Sale of liquor. SEC. 7. Be it further enacted, That said corporation shall have authority to pass such laws and ordinances necessary to prevent the introduction and spread of any smallpox, scarlet fever, and any other contagious disease; it may confine any person with such disease or any one attending one with such disease to certain prescribed territory; it may compel persons within its territory to be vaccinated. Quarantine. SEC. 8. Be it further enacted, That said corporation may regulate the erection and construction of any buildings; it may prevent the erection of frame or wooden buildings that would tend to spread fire; it may require plans of buildings to be furnished and may issue building permits. Fire limits SEC. 9. Be it further enacted, That it may regulate and prohibit the keeping and exhibiting of any jack, stallion and bull for service within the corporate limits. Jacks, stallions and bulls. SEC. 10. Be it further enacted, That it may regulate and prohibit any owner of any premises to keep any tank of water, pool, slops, hog-pen, privy and anything that will tend to germinate and spread any disease or offensive smell; its proper officers may enter upon any private premises to inspect and enforce this authority. Sanitation SEC. 11. Be it further enacted, That it may take bonds when necessary for the faithful performance of duties from its officers, employees, contractors, and for the appearance of offenders of its laws and ordinances before the mayor's court. Official and appearance bonds. SEC. 12. Be it further enacted, That said corporation may own and operate a gas plant, electric plant, water plant, or may own any or all of the stock in any gas, electric or water company. When any such plant has been installed it may appoint such officers and committees to control and manage its business as the mayor and council may deem best, under such rules and regulations as it may enact. Light and water plants. SEC. 13. Be it further enacted, That the government of said municipal corporation shall be vested in a mayor and six councilmen,

Page 709

who shall be elected annually on the second Saturday in December, between 8 o'clock, a.m., and 5 o'clock, p.m., by the qualified voters of said town of Canton, and who shall hold their office for one year, or till their successors shall be elected and qualified. While sitting to transact business shall be known as the mayor and council. Mayor and council. SEC. 14. Be it further enacted, That the mayor and council shall pass all ordinances, laws, rules and regulations for the better management of said corporation as herein authorized; shall make all contracts allowed; shall have general supervision and control of its affairs; shall elect a marshal, clerk of council, treasurer; may employ an attorney at law to look after the legal interest of said corporation, and to represent it in any legal proceedings in any court, and may appoint such other officers and committees as may be necessary for the better administration of its affairs; shall fix the salary and fees to be paid any officer and employee, and shall levy and assess all taxes to be collected. Municipal officers. SEC. 15. Be it further enacted, That the mayor and council shall hold monthly meetings on first Thursday of each month, which may be adjourned from day to day, and such called meetings as the mayor may think best to call for any specific purpose. At any meeting the mayor or mayor pro tem. and three of the councilmen shall constitute a quorum to transact business. It shall take a majority vote of the councilmen present to pass any measure. The mayor shall vote on all measures only where there is a tie of the councilmen. Meetings of mayor and council. SEC. 16. Be it further enacted, That the mayor shall be the chief executive of said town of Canton; shall preside at meetings of the mayor and council; shall see that all laws, ordinances, rules and regulations are faithfully enforced; he shall see that all officers and employees shall faithfully discharge their duty; he shall sign with the clerk of council any deed, lease, conveyance and contract that may be authorized and directed by the mayor and council, and shall try all offenders of the laws of said town. Mayor, powers and duties of. SEC. 17. Be it further enacted, That the mayor and council shall elect from the councilmen a mayor pro tempore, who shall perform the duties of the mayor during his absence, sickness and disqualification. In the absence or disqualification of the mayor and mayor pro tem. the remaining council shall meet and select one of their members to act as mayor pro tem. temporarily. Mayor pro tem. SEC. 18. Be it further enacted, That any person shall be eligible

Page 710

to the office of mayor and councilmen who has been a resident of said town one year, is a male twenty-one years old, and has paid all taxes due said town of Canton. The mayor may receive a salary not exceeding one hundred dollars, and each councilman shall receive a salary not exceeding twelve dollars per annum; provided, the same be fixed by ordinance and not changed so as to affect any one during his term of office. Eligibility to office of mayor and councilmen, salaries. SEC. 19. Be it further enacted, That when a vacancy in the office of mayor and council occurs, the same may be filled by the mayor and council. Vacancies. SEC. 20. Be it further enacted, That mayor and council may remove any officer and employee of said corporation with or without cause, who has been elected or employed by said mayor and council. Officers, removable SEC. 21. Be it further enacted, That the mayor and council shall provide a registration book in which shall be kept a list of the qualified voters, which shall be open for registration on the first day of November each year, and closed two days before any election to be held. No person shall be allowed to vote unless he is properly registered. All persons shall be allowed to register and vote who have resided in the State one year, in the county six months, and in the town three months, is a male twenty-one years old, and has paid all taxes and fines due said town of Canton, and shall make an oath or affirmation that he is so qualified to vote. Said books shall be in the possession of the managers of any election; provided, no one will be required to register a second time in order to vote in any special election held during that year. Registration of voters. SEC. 22. Be it further enacted, That all elections for said town shall be held by three qualified voters of said town selected by the mayor and council, who before entering upon their duty shall take and subscribe an oath before some officer authorized to administer an oath that he will faithfully and impartially conduct said election, that he will allow all persons qualified to vote, and not to allow any one to illegally vote, to the best of his knowledge and power. They shall keep two tally-sheets with the name and number of each voter, the number of his ticket, which shall be placed in a box and duly counted. After all tickets have been counted, the managers shall seal up the tickets in an envelope or box, and shall transmit them with the tally-sheets and their certificate of the result of the election to the ordinary of Cherokee county. The tally-sheets may be preserved in the office of ordinary, but the tickets shall be destroyed after the result of the election

Page 711

is declared, and shall not be open and inspected by any one, unless a contest is filed, when the same may be opened and counted. Elections. SEC. 23. Be it further enacted, That the ordinary of Cherokee county shall declare the result of the election. If any notice of contest to said election is filed, the notice and proceeding of said contest shall be the same as now provided for contest for election for members of the Legislature. Results of election, how declared; contests. SEC. 24. Be it further enacted, That on the first day of January, or so soon thereafter as practical, the newly-elected mayor and councilmen shall enter upon their duty by taking and subscribing the following oath before any officer authorized to administer oaths: I do solemnly swear that I will faithfully and honestly perform all of the duties that are now and may be placed upon me as an officer of the town of Canton to the best of my knowledge and skill, without favor and affection to any one; that I will faithfully account to said town of Canton for any funds or property coming into my hands belonging to it, and that I will not knowingly allow any other officer or employee of said corporation to misapply any of its funds or property without reporting the same to the mayor and council. Said oath may be recorded in the minutes of mayor and council. Oath of mayor and councilmen. SEC. 25. Be it further enacted, That the mayor and council shall at its first meeting, or so soon thereafter as possible, elect a marshal and from time to time may elect or appoint as many assistants for him as they may deem best and necessary, who shall keep the peace of said town; he shall have authority to arrest and hold any person with or without a warrant for any violation of any law and ordinance of said town of Canton and for any State law; upon the order of the mayor he may imprison and work upon the chain-gang any person so sentenced; he may levy upon and sell any property by authority of tax execution or execution issued from the mayor's court, and may perform such other duties required of him by the mayor and council; he may enter any private premises to arrest any violator of its laws and ordinances. Marshal. SEC. 26. Be it further enacted, That the mayor and council shall at its first meeting elect from the councilmen, or any qualified voter of said town, a clerk, known as clerk of council. He shall have the custody of the books and seal; shall keep and record in a book of ordinances all of the ordinances and laws passed by the mayor and council; he shall keep and record in a book of minutes a full proceeding of all of the acts and doings of the

Page 712

mayor and council; he shall issue certified copy of anything of record; shall issue any execution for any unpaid taxes ordered by the mayor and council; shall with the mayor sign any deed, conveyance and contract ordered and authorized by the mayor and council; he shall issue any license authorized and directed by the mayor and council, upon the presentation of a receipt from the treasurer showing that any tax for such license has been paid; he shall perform such other duties as the mayor and council may place upon him, including the duties of treasurer; his books may be inspected by the mayor and council at any time. Clerk. SEC. 27. Be it further enacted, That the mayor and council shall elect from the qualified voters of said town of Canton, a treasurer, and may fix a bond to be given by him to faithfully perform his duty. He shall receive all money belonging to said corporation; shall collect all taxes by the aid of the marshal; shall pay out all money for municipal purposes under the direction of the mayor and council; he shall keep a book showing the amount of money collected and from what source, and how the same was paid out and for what purpose. His books shall be subject to inspection at any time by order of mayor and council. He may be the same person and perform the duties of clerk of council. Treasurer. SEC. 28. Be it further enacted, That the mayor shall try all violators and offenders against the laws and ordinances of said corporation. While sitting to try violators shall be known as mayor's court. Said court shall hold regular monthly sessions to try violators of its laws and ordinances; to forfeit bonds for the appearance of persons before said court; to render judgment on any forfeited bond; it may hold daily session for the purpose only of trying any violators of its laws and ordinances; it may issue subp[oelig]nas, and compel witnesses to appear and testify in its court; the mayor while sitting to try cases may try and convict offenders of the laws and ordinances of said corporation; he may place fines and such sentences as he deems right upon persons so convicted, as authorized by this charter; he may fine for contempt not over five dollars, and imprison not exceeding five days; he may administer an oath to any one under the same rules as now provided for a justice of the peace; he shall keep a docket and minute book in which he shall keep a record of all cases and how disposed of, including all judgments and orders; he shall be his own clerk, and shall give certified copies of what may appear on his books; he may bind over to the superior court, or commit to the jail of Cherokee county, any one who may violate

Page 713

any State law; he may issue warrants either on his own motion or on information from another by affidavit; he may issue executions on any judgment of his court on any forfeited bond or on any fine imposed, and any such judgment and execution shall have the same force and effect as any judgment and execution from any other court of this State, and may be enforced by levy and sale when any forthcoming bond has been forfeited for non-appearance of the principal, the mayor shall pass an order at a regular term of court calling upon the principal and surety to show cause why judgment should not be rendered upon said bond; and a copy of the bond and the order of court shall be served on the principal and surety at least ten days before the term of court at which the same shall be heard by the mayor's court. Judgment shall be rendered upon said bond against any one served, unless it shall appear that the principal is dead, or is produced in court, or delivered by the surety to the marshal of said town. Mayor's court. SEC. 29. Be it further enacted, That any person being dissatisfied with any judgment, fine, and sentenced by the mayor's court may appeal the same to the mayor and council by giving a bond in double the amount complained of to answer to any decision of the mayor and council at any meeting of mayor and council appeals, the officer trying the case originally shall be disqualified from sitting with mayor and council, and he may carry any judgment of the mayor's court without appealing, or any decision of the mayor and council by certiorari to the superior court for correction, under the same rules as are provided to carry any cause by certiorari from a justice court to said superior court. Appeals from mayor's court. Certiorari. SEC. 30. Be it further enacted, That all persons who have resided within the corporation ten days, who is subject to work the public roads under the laws of the State, shall be required to work upon the streets and sidewalks of said corporation for not exceeding ten days each year, under the direction of the marshal, or such officer as the mayor and council may direct; or said person may pay a street tax not exceeding five dollars per year. Any person who may refuse to work upon the streets, or pay said tax, under such rules and regulations as may be enacted by the mayor and council to more effectually carry out the work, may be fined by the mayor not exceeding ten dollars, or be required to work in the chain-gang of said town not exceeding twenty days; provided, no street duty or street tax shall be required of the mayor, any councilman, or any one exempt by law from

Page 714

working the public roads, or any one who has previously worked the streets, roads, or paid street ta or road tax at any other place for that year. Street work and commutation tax SEC. 31. Be it further enacted, That when it is necessary for said corporation to issue any bonds for the purpose of erecting any gas plant, electric plant, waterworks, to buy any real estate, to erect any buildings for municipal purposes, to erect any school buildings, to put in sewer pipes, and to meet any extraordinary debt, the mayor and council shall pass an ordinance setting out clearly and fully the object and purpose for issuing bonds, the amount of the bonds to be issued, and when and how to be paid. Said ordinance shall also provide for an election by the voters within said corporation, specifying when said election shall be held. Municipal bonds. SEC. 32. Be it further enacted, That when an election has been ordered to authorize an issue of bonds, the full ordinance authorizing the same shall be published once a week for four weeks preceding said election in the newspaper published in said town, having the largest circulation. At said election all qualified voters shall be entitled to vote. Those favoring the issue of bonds shall have written or printed on their ballots For bonds. Those opposing the issue of bonds shall have written or printed on their ballots Against bonds. Two-thirds of the voters legally authorized to vote shall be cast For bonds in order to authorize the issuing of bonds; provided, only one election shall be held each year for the same purpose, but any issue of bonds may be submitted again at any time after one year. Elections for bonds. SEC. 33. Be it further enacted, That the public school system shall remain as is now authorized by the Legislature. Public school system. SEC. 34. Be it further enacted, That the city clerk shall open the tax books to receive the tax returns for both real and personal property on the first day of July each year, and shall keep them open for thirty days. The returns shall be made upon blanks furnished by said corporation, which shall describe the location and value of each separate piece of real property, the amount and value of all personal property and what business he may follow upon which a special tax is required. Tax returns. SEC. 35. Be it further enacted, That after all taxes have been returned, the mayor and council shall inspect the returns, and may raise the valuation of any real and personal property returned by any person, firm or corporation to any amount they think just and right. Any person, firm or corporation being dissatisfied

Page 715

with the assessed valuation by the mayor and council may appeal to arbitrators as now provided by law. Assessments and arbitration. SEC. 36. Be it further enacted, That the treasurer shall report to the mayor and council any person, firm or corporation who may be delinquent in return of payment of taxes. The mayor and council shall order an execution issued for any amount of tax due, together with a cost of fifty cents for the execution, which shall be issued by the clerk of council. Any tax execution so issued shall have the same force as any other tax execution and shall be collected by levy and sale. Tax defaulters. SEC. 37. Be it further enacted, That the mayor and council may at any time receive as donation, may buy and lease any lands either within or without the corporate limits for the purpose of establishing a park for the citizens of said town, and when obtained may improve and beautify the same, and make such rules and regulations governing it as they may deem best. Parks. SEC. 38. Be it further enacted, That any railroad company that may maintain any track within said town shall keep up and maintain without cost to said town all street crossings now established or may hereafter be established in said town of Canton. Railroad crossings. SEC. 39. Be it further enacted, That the mayor and council shall have authority to pass such ordinances as they deem best and with such penalty as herein allowed to prevent any one from interfering with another while at work; and to prevent any one from persuading, enticing away any one from his work and employment and from said town. Enticing laborers from work. SEC. 40. Be it further enacted, That the mayor and council shall levy all taxes for the purpose of paying salaries of the officers and employees, to pay the debts of the corporation, to pay interest on its debts, to buy material and supplies for use in said corporation, to work and improve the streets and sidewalks, to light the streets, drain the streets, to pay any expense of litigation, and to pay any expense of any kind for public good and use, and for the better management of said corporation; provided, no tax shall be collected out of any church, school, library for public use or any institution for the advancement of its citizens in an intellectual and moral way. Taxation. SEC. 41. Be it further enacted, That the corporate limits of said town of Canton shall be one mile from the courthouse in said town, except on the side of said town where the Etowah river runs it shall be the line. When the citizens of any portion adjoining said town wish to be placed in the incorporate limits, a written petition of two-thirds of the voters living in the territory

Page 716

sought to be annexed shall be filed with the clerk of council asking such admission, and describing the boundary of the territory, and giving the names of all qualified voters living in said territory. If the mayor and council thinks it best to admit said territory to said corporation, it shall pass an ordinance admitting said territory to said corporation. Said ordinance shall be advertised thirty days, together with notice of time of election by the voters of said town, to ratify the terms of the ordinance. Those favoring the admission of the territory in said town shall have written or printed on their ballots For ratification. Those opposed shall have written or printed on their ballots Against ratification. It shall require a majority of the votes cast For ratification in order to admit said territory in the corporate limits. Corporate limits. SEC. 42. Be it further enacted, That all laws and parts of laws in conflict with this charter be, and the same are, hereby repealed. Repealing clause. Approved August 24, 1905. CARROLLTON, TAX RETURNS. No. 30. An Act to provide for the time and manner of returning personal property in the city of Carrollton for taxation; to authorize and require the mayor and city council to revise and correct such returns; to provide for arbitration in case the owner is dissatisfied with the action of the mayor and city council, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be the duty of all persons, firms and corporations owning personal property, money or choses in action in the city of Carrollton, subject to taxation under the laws of this State, to make returns thereof for city taxation, under oath, to the clerk of the mayor and city council of said city on printed forms therefor furnished by said mayor and city council, containing such questions as will reach all species of personal property, money and choses in action, subject to taxation. The questions shall require separate answers, and the oath on said forms shall be actually administered by the clerk to the party making the return. The returns shall be made between the first of March and the first of May of each year, of

Page 717

all personal property, money and chosen in action, owned, possessed or controlled on the first of March of that year. Carrollton; taxation of personal property. SEC. 2. Be it furthe enacted by the authority aforesaid, That it shall be the duty of said clerk to make a digest of such returns by the first day of June each year and submit the same, together with a list therein of all defaulters, to the mayor and city council of said city, who shall examine and inspect the same and revise and correct the returns therein and the list of defaulters, and, if in their judgment any personal property, money or chose in action is omitted from any return or is undervalued, they shall correct the same by setting out the omitted personalty, money or chose in action and its value and by setting out the true value of any such property undervalued in such return; and in order to effectually carry out the aforesaid powers and duties, said mayor and city council shall have authority as a court to subp[oelig]na any person whose return is being considered and other witnesses and examine them on oath in regard thereto and to cause the production of books and papers to be used as evidence. Returns of personal property for taxation, how corrected. SEC. 3. Be it further enacted by the authority aforesaid, that if any one whose return has been revised and corrected by the mayor and city council be dissatisfied therewith, he shall so notify the clerk, whereupon such question shall be submitted to arbitration as follows: The property owner shall select one arbitrator, the clerk one, and these two a third. All shall be residents of said city, and they shall proceed to investigate and pass on the question submitted, and shall have authority to subp[oelig]na witnesses and examine them under oath and cause the production of books and papers to be used as evidence therein, and their finding shall be final. The action of the mayor and city council shall be prima facie correct, and the burden on the property owner before the arbitrators. Arbitration. SEC. 4. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 7, 1905.

Page 718

CHIPLEY, CHARTER AMENDED. No. 633. An Act to amend the several Acts creating the town of Chipley, and constituting the charter of said town by and under which said proposed amendment the corporate limits of said town will be extended and defined, and the power of said town increased, extended and defined, 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 approved December 9, 1882, incorporating the town of Chipley, and defining the corporate limits of the same, and fixing the power of the mayor and council of said town, and the several Acts amendatory thereof, be, and the same are, hereby amended as follows, to wit: That the corporate limits of said town shall be included within the following boundary, that is to say, all that territory lying within the lines beginning and running as follows: Beginning at a point at the northwest corner of land lot No. 76 in the 3d district of Harris county, and running due north along the line now separating the counties of Meriwether and Troup, a distance of yards, a made corner; thence running due east a distance of 1485 yards to a made corner in the 94th land lot in the district of Meriwether county; thence running due south a distance of 1980 yards to a made corner located on land lot No. 60 in the 3d district of Harris county; thence due west a distance of 1485 yards to a made corner in land lot No. 61 of the 3d district of Harris county; thence due north along the original land lot lines a distance of 1485 yards to the beginning point. Chipley; Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That said Acts be further amended by conferring upon the mayor of said town, and in case of his absence or disqualification upon the mayor pro tem. of said town, the power and authority to punish all persons violating any of the ordinances of said town by alternative sentence, by either being confined in the guard-house of said town for a term not exceeding 30 days, or by being required to work in the chain-gang upon the streets or other public works for a term not exceeding 30 days, or a fine not exceeding fifty dollars. Punitive powers of mayor. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved August 22, 1905.

Page 719

CLARKESVILLE, CHARTER AMENDED. No. 246. An Act to amend an Act entitled an Act to incorporate the city of Clarkesville, in the county of Habersham, approved December 16, 1897, so as to provide for the establishing and maintaining of a public school system in said city; to authorize the issuing of bonds for the installation and maintaining of a system of waterworks, sewerage, gas or electric lights and other improvements, macadamizing and paving streets and for the providing for the raising of money by taxation for the payment of such bonds, and to provide for the raising of money by taxation for the making of public improvements of all kinds, and for maintaining and operating such public school when established, 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 37 of the Act incorporating the city of Clarkesville, approved December 16, 1897, be, and the same is, hereby repealed, and in lieu thereof the following section be incorporated: Be it further enacted by the authority aforesaid, That the mayor and council of the city of Clarkesville shall within fifteen days after the ratification of the passage of this Act order an election, of which notice shall be given by publication of the time and place in a public gazette published in said city once a week for two weeks next preceding the day of election, at which election the qualified voters residing within the corporate limits of said city as specified in section twenty-seven of said Act shall be entitled to vote as therein provided. And if at said election a system of public schools should not be established as provided for in said Act, the mayor and council of said city shall be authorized to call an election for the same purpose once in each calendar year thereafter until the same has been established. Clarkesville; election for public schools. SEC. 2. Be it further enacted by the authority aforesaid, That section 28 of the Act incorporating said city be, and the same is, hereby amended by striking the names of F. L. Asbury, S. M. Chessnutt, L. C. Furr and C. T. Willbanks, which appear in the fourth line of said section, and inserting in lieu thereof J. J. Bowden, W. R. Asbury, E. Barron and W. P. Furr, and by striking the names of F. L. Asbury, S. M. Chessnutt, L. C. Furr and C. T. Willbanks, which appear in the eleventh and twelfth lines of

Page 720

said section, and inserting in lieu thereof J. J. Bowden, W. R. Asbury, E. Barron and W. P. Furr, so that the name of J. J. Bowden will take the place of F. L. Asbury in the eleventh line of said section, W. R. Asbury will take the place of S. M. Chessnutt in the eleventh line of said section, E. Barron will take the place of L. C. Furr in the eleventh and twelfth lines of said section, and W. P. Furr will.take the place of C. T. Willbanks in the twelfth line of said section, so that said section when so amended shall read as follows: Be it further enacted by the authority aforesaid, That in case of two-thirds majority of the qualified voters of said city in any one of said elections shall vote for public schools, J. K. Burns, J. J. Bowden, W. R. Asbury, E. Barron and W. P. Furr shall be and constitute the board of education of the city of Clarkesville, with the right in them and in their successors to take and hold in trust for school purposes in said city any grant, conveyance or devise of land or any donation, gift or bequest of money or other personal property made to them for educational purposes. The terms of said board of education shall be as follows: J. K. Burns and J. J. Bowden shall hold for one year, W. R. Asbury and E. Barron shall hold for two years, and W. P. Furr shall hold for three years. Each member shall hold over after the expiration of his term until his successor is elected and qualified. The election to fill vacancies on the board occurring annually by expiration of terms shall be held annually on the same day that municipal elections of said city are held, at the same time, subject to the same regulations and by the same managers as said municipal elections for the election of mayor and council, and those receiving the highest number of votes shall be declared elected. All vacancies otherwise than by the expiration of terms shall be filled by the remaining members of the board. If from any cause an election is not held on the designated day the board of education shall appoint a day and give notice thereof in a public gazette once a week for two weeks next preceding the election. All members elected to succeed those whose terms have expired shall be elected for a term of three years and until their successors are elected and qualified, and those elected by the board to fill unexpired terms shall hold for the balance of said unexpired term. Board of education. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Clarkesville, in Habersham county, shall have power, and the same is hereby conferred on them, to issue bonds to an amount not exceeding fifty thousand dollars ($50,000.00); provided, the qualified voters of said city

Page 721

shall, at an election to be held for that purpose, by a constitutional majority, vote in favor of issuing said bonds, and said mayor and council is hereby empowered and authorized to call an election at any time for the issuing of such bonds or any part thereof as they may deem to the best interest of said city, in accordance with the provision of the Code of Georgia of 1895, sections 377 to 381, inclusive. Municipal bonds. SEC. 4. Said bonds shall be of such denominations as the said mayor and council shall decide upon and direct; they shall bear such rate of interest not to exceed six per cent. per annum as may be determined upon by said mayor and council. Denomination and interest. SEC. 5. With the proceeds arising from the sale of said bonds the said mayor and council are hereby authorized to construct a system of waterworks for said city; to construct a system of electric or gas lights for said city; to provide for said city a suitable and proper system of sewers and to macadamize, pave or otherwise improve or build any streets, lanes, alleys, sidewalks, parks or public buildings of said city of Clarkesville. Said mayor and council, instead of erecting a system of waterworks or a system of electric or gas lights, may in their discretion use the fund aforesaid or any part thereof in renting or leasing from other parties such water or lights, as said mayor and council may deem best; provided the notice of election specifies the person to be contracted with and the terms of the contract. Proceeds of bonds, how used. SEC. 6. Said mayor and council, in addition to supplying said city with such water and lights as are necessary for public purposes, are also authorized and empowered to contract with private individuals and corporations to furnish water, electricity, or gas, and to charge for and collect for the same whatever may be agreed upon. SEC. 7. Said mayor and council shall have the power and authority to assess, levy and collect annually a sufficient tax upon the taxable property of said city to pay the interest of said bonds as the same shall become due, and to provide a sinking fund for the redemption of said bonds as the principal thereof shall become due, and to maintain and operate any system of waterworks, electric or gas lights which may be put in operation by said mayor and council. Tax for interest and sinking fund. SEC. 8. Be it further enacted by the authority aforesaid, That section 24 of the aforesaid Act be, and the same is, hereby repealed and in lieu thereof the following inserted: That the mayor shall receive as compensation or salary not less than one hundred dollars per annum, the same to be fixed by the outgoing council at

Page 722

the October regular meeting in each year for each current year, and the compensation of the council shall be fixed by the outgoing council in each year at its October regular meeting in such yearthe same to apply to the council for the following year. Salaries of mayor and councilmen. SEC. 9. Be it further enacted by the authority aforesaid, That section 3 of the Acts of the General Assembly of Georgia, page 484, approved August 22, 1891, entitled an Act to incorporate the town of Clarkesville, in the county of Habersham, to define the corporate limits thereof, to confer upon the mayor and council thereof certain privileges, powers and duties, to repeal all existing charters or Acts confering corporate powers upon said town, and for other purposes, be amended by striking from said section the words shall hold their office for one year, so far as they relate to the five councilmen, and the following words in lieu thereof: That at the first election occurring after the passage of this Act the two candidates receiving the highest number of votes shall hold for two years and the other three shall hold for one year, and at the next regular election thereafter three councilmen shall be elected and the two candidates receiving the highest number of votes shall hold for two years and so on at each election, so that two councilmen at each election shall hold their office for two years. Official terms. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Clarkesville shall have full power and authority to condemn land for the purpose of opening streets, alleys, sidewalks and other public passways for said town, or for the purpose of laying out new streets, alleys, sidewalks, or other public passways for said town, or for the purpose of widening, straightening or otherwise changing or altering any street, alley, sidewalk or other public passway in the town of Clarkesville. If the owner, his agent or attorney of the land through which said new street, alley, sidewalk or other public passway is proposed to be opened, straightened, altered or otherwise changed or altered, claims that the owner shall be damaged thereby, and if the owner of the land, his agent or attorney, and the mayor and council are not able to agree as to the amount of damages that will be due the owner of the land by the opening of said public passway, then said mayor and council shall cause to be served by the marshal of said town on such owner, his agent or attorney, if to be found in the county of Habersham, notice of their intention to condemn such land, and if such owner, his agent or attorney, can not be found in the county

Page 723

of Habersham, then, without personal notice, and may be served by publication as now provided by law to proceed to condemn said land. The notice shall give a description of such land sought to be condemned, and also the quantity as near as possible to be taken and the purpose for which it is to be taken, and shall also state the time and place the proceeding to condemn will be had or applied for, which shall not be less than five days from date of the notice and service, or from the date of the search for the owner, his agent or attorney, which service or search shall not be less than five days before the condemnation papers or proceedings are applied for and taken out. The mayor and council shall select two freeholders of said town to act for them, and the owner of the land, his agent or attorney, may select two freeholders of said town to act for him, and if such owner, his agent or attorney shall fail or refuse to make a selection of two freeholders to represent him in affixing the damages for said condemnation within the five days, then after the expiration of five days from the date of the service of the notice or the search as aforesaid, then the two freeholders selected by the mayor and council shall select another arbitrator and then all of said arbitrators shall be sworn to faithfully and impartially discharge their duties in fixing the damage aforesaid, and it shall be their duty to inspect the land sought to be condemned, and to hear such evidence as may be produced by either party, taking into consideration the enhanced value, if any, of the land by reason of the opening, widening, straightening or otherwise changing or altering of the proposed streets, alleys, sidewalks or other public passways, as the case may be. After the arbitrators have fixed the damages they shall file their award with the mayor, which award shall be binding on both parties after five days from the filing of the award in the office of the mayor of Clarkesville, but either party shall have the right of appeal to the superior court of Habersham county, Georgia, if done within five days after the return to the mayor aforesaid. And the award when it becomes final shall operate to pass complete title to the aforesaid corporation of Clarkesville of the land so condemned, and the award may be made the judgment of the superior court of Habersham county aforesaid, and shall be a judgment binding upon all parties thereto, and may be enforced by execution if necessary to enforce the rights of either or all parties thereto. The mayor and council, upon the payment or bona fide tender of the sum found by the arbitrators to the owner, or his agent, shall have full right and authority to proceed to open, widen, straighten, or otherwise change or alter said street,

Page 724

alley, sidewalk or other passway, notwithstanding any appeal by either party to the superior court as aforesaid. Streets, etc SEC. 11. Be it further enacted by the authority aforesaid, That if, at the first election held under the provision of this amendment for school bonds or any other purposes therein named the necessary two-thirds of the qualified voters do not give their assent in said election to issuing the bonds specified, then it shall be lawful for the mayor and council within six months after the election, or any election on this issue, to submit the question of the issuing of bonds to the qualified voters of said town; the mayor and council shall have the authority to submit this question every six months until it carries for bonds. Other elections. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor or any member of the town council of the town of Clarkesville may have charges made against them by the other members of the council and be tried on said charges for neglect of duty, malpractice in office, or other disorderly conduct, or for the violation of the town ordinances of said town, and upon conviction the said council may impose a fine not exceeding fifty dollars or sentence them to work on the streets of said town, and they may also remove them from office, suspend them from the discharging the duties of their office for thirty days, and may impose any or all of said judgments on any one convicted for the above offenses. The mayor or either member of the council shall be liable to punishment as any other citizen of said town for a violation of the ordinances of said town. Neglect or malpractice of mayor or councilmen. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of Clarkesville 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 a nuisance; to establish such a system of quarantine, and to make such sanitary regulations within the corporate limits of the town of Clarkesville 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 comfort of any citizen of said town; also to enforce compulsory vaccination upon all persons who reside within the corporate limits of Clarkesville. Nuisance, quarantine and sanitation SEC. 14. Be it further enacted by the authority aforesaid, That any person convicted before the mayor, mayor pro tem., or any member of the council sitting as a mayor's court, may enter an appeal from the judgment of said court to the mayor and council of Clarkesville; provided the appeal be entered within

Page 725

twenty-four hours; and provided that all costs be paid and bond, with good security, be given to abide the judgment of said mayor and council; any person convicted on such an appeal by the mayor and council may have the right of certiorari to the superior court of Habersham county; provided that all costs are first paid and bond given in double the amount of the fine imposed, with good security, 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 such certiorari 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 required to pay or perform the sentence imposed, and in case final judgment should be rendered in favor of the defendant, the said town of Clarkesville shall refund to the defendant in the sum he may have paid on said sentence. Appeals from mayor's court. Certiorari. SEC. 15. Be it further enacted by the authority aforesaid, That the said mayor and council of Clarkesville shall have full power and authority to remove or cause to be removed at the expense of the owner thereof, all buildings, porches, steps, fences or other obstructions or nuisances in or near public streets, lanes, alleys, sidewalks or other public passways in said town which are in use or which have been laid off for use in said town as public streets, lanes, alleys, sidewalks and other public passways; provided the owner of the abutting property or the owner of the obstruction may remove the same within the time given him by the mayor and council, but in case he does not remove it, the mayor and council shall have the right to remove such obstruction at the expense of the owner of such obstruction or obstructor, and issue an execution against the owner or obstructor for the expenses of removing same and collect said execution by levy and sale in the same manner as other executions in favor of said town are collected. And the mayor and council of Clarkesville shall have full power and authority to pass all ordinances needful to prevent the obstructing and blockading of the streets, sidewalks, alleys, crossings and all other public passways, including 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 by said mayor and council, and shall also have full power and authority to pass all ordinances necessary for the violating the above provision. Removal of obstructions from streets, etc SEC. 16. Be it further enacted by the authority aforesaid,

Page 726

That the mayor and council of Clarkesville shall have full powe and authority to borrow money and to contract for the loan of money or temporary loan to meet casual deficiencies, which contract shall bind the town of Clarkesville for the payment of the same, subject to the restrictions of the Constitution of the State of Georgia, and Code of 1895 of Georgia, section 5897, subdivision 7. Casual deficiencies. SEC. 17. Be it further enacted by the authority aforesaid, That all orders for the payment of money or contracts, accounts or other indebtedness against said town shall be audited by the mayor and council of Clarkesville at a regular meeting of the same and an order drawn on the treasury in favor of the party to whom the debt is to be paid, which shall be signed by the mayor and clerk of council and indorsed on the back of said order by each member of the council present by writing his name across the same in his own handwriting, which order shall be noted in the minutes, giving the name of the party in whose favor it is drawn, and for what amount. No money shall be drawn from the treasury of said town except in the manner above specified. Disbursements of municipal funds. SEC. 18. Be it further enacted by the authority aforesaid, That no person holding office under the municipal government of the town of Clarkesville shall at any time during the term for which he was elected or appointed, while in office, be capable of contracting with such corporation, directly or indirectly, or have any interest in a contract for the performance of any work or other contract in which said town is a party which is to be paid out of the town treasury, nor shall any such person be capable of holding or having any interest in any contract made with said town by himself, his firm or another for him, directly or indirectly. Contracts with municipal officers, prohibited SEC. 19. Be it further enacted by the authority aforesaid, That the mayor and council of Clarkesville shall have authority to fix the fire limit in said town; to prescribe the regulation and guarding against damages by fire, and for this purpose shall have the power to prohibit within the fire limits the use of buildings for any purpose that is hazardous without a permit from the mayor and council; to prohibit the building or repairing of any building within said fire limits of material other than that prescribed by the mayor and council without the permission in writing of the mayor and council, and if any person shall build or repair any building contrary to the above, said mayor and council shall have the power to tear down or cause the same to be done at the expense of the owner. The mayor and council of Clarkesville

Page 727

shall have the 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 the same, and the expenses incurred by said mayor and council in removing said dangerous structure shall be enforced by execution; in addition thereto the person may be tried for having and keeping such dangerous structure, and upon conviction may be punished as prescribed by the ordinances of said town. Fire limits SEC. 20. Be it further enacted by the authority aforesaid, That the mayor and council of Clarkesville shall have authority to prevent mules, horses, cattle, hogs, sheep, goats, dogs, fowls or any other animal from running at large in said town or any portion thereof beyond the premises of the owner, and to prohibit the keeping of hogs within the corporate limits, or regulate the manner in which they must be kept, the mayor and council of Clarkesville shall have full power to take up and impound any such animal or fowl, and remove hogs from town, and to punish all such owners of said animals or fowls who refuse to obey any ordinance passed by said mayor and council to carry this authority into effect. Stock law. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and council of Clarkesville shall have authority to control the sale of fresh meats in said town, to regulate the location and use of privies, water-closets, butcher-pens, black-smith shops, stove chimneys and other like places in said town, and if necessary to remove or cause to be removed at the expense of the owner any of these that said mayor and council may declare dangerous to the public health or the safety of any citizen of said town, or that may be declared by the mayor and council to be a nuisance, and to enforce the collection of the expense of removal by execution as other debts are collected, and to abate any nuisance. Public health. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to regulate and prevent the storing or use of dangerous explosives, firearms, fireworks, or any other explosive or annoyance, used in sport or otherwise in said town. Explosives SEC. 23. Be it further enacted by the authority aforesaid, That whenever a person is arrested by the marshal of the town of Clarkesville or by any other person or officer acting for said town, and such person so arrested may give bond with good security, conditioned for the faithful appearance of such person to answer charges as are made or may be made before the mayor

Page 728

or mayor and council for such sum not exceeding one hundred dollars, as may be fixed by the arresting officer, and shall be made payable to the mayor and council of Clarkesville, which bond may 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, the mayor acting in the place of solicitor in the forfeiting of said bond; 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 said principal and security upon such bond if the principal is not produced within said time in terms of said bond, as judgments or forfeitures are entered in the superior courts of this State; and upon such judgments said mayor shall issue an execution which shall be enforced as other executions in said town; provided that it shall be competent for the arresting officer to accept cash in lieu of security on such bond, and upon forfeiture of said bond and judgment upon said forfeiture said cash may be applied to the discharge of said judgment. Appearance bonds and forfeitures. SEC. 24. Be it further enacted by the authority aforesaid, That the clerk of the council of Clarkesville shall open a registration book at least thirty days prior to any municipal election held for any purpose in said town of Clarkesville for the registration of voters within said corporation, which book shall be kept open each and every day (except Sunday) until ten days preceding the election, when it shall be finally closed. During said time it shall be the duty of such clerk upon the application of any voter to register the name of such person expressing in such registry his age, occupation, business, color and his residence, and the said applicant shall take the following oath to be administered by the said clerk, to wit: You do solemnly swear that you are a citizen of the United States of America; that you will be a qualified voter for a member of the Legislature of Habersham county at the time of the election for which this registration is being taken, and that you will have resided six months within the corporate limits of Clarkesville at the time of said election; that you will be twenty-one years of age by the day of said election; that you have paid all taxes due the town of Clarkesville to date, so help you God. That it shall be the duty of the clerk to arrange the names registered in alphabetical order and to furnish to the superintendents or managers of election the said registration book duly certified

Page 729

as the original registration book. The book shall be kept before said managers of election, and no person shall be entitled to vote whose name does not appear on said registration book. When the election is over such registration book shall be by said managers filed in the office of the clerk of council, to be by him safely kept. Any person not qualified to vote as aforesaid who shall vote or attempt to vote in any election of said town of Clarkesville, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of the Penal Code of Georgia of 1895. Registration of voters. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of Clarkesville shall make or cause to be made a quarterly statement and account of the financial condition of said town; such statement shall be itemized, stating from whom money received, for what purpose received, date received, and all moneys paid out; said statement shall show when paid out, what amount paid out, to whom paid and for what purpose; such statement shall also show what amounts are due said town and the liabilities of the town and the balance in the treasury, if any. Such quarterly statement shall be published in the newspaper published in said town, if any newspaper is published therein; if not, then published by posting said statement at three of the most public places of said town. Financial statements and publication of same. SEC. 26. Be it further enacted by the authority aforesaid, That for the purpose of enabling the members of the council and the citizens of Clarkesville to know at all times the true financial condition of the town, the treasurer of the council shall prepare and read at each regular monthly meeting of the council a complete statement of all receipts for the town, who from, and for what purpose, and all expenditures for the town, who to and for what purpose, and showing the balance in the treasury, if any, and enter such statement after being read to the council upon the minutes of the council at such regular session. Monthly reports of treasurer. SEC. 27. Be it further enacted by the authority aforesaid, That all previous charters and amendments thereto for the town of Clarkesville in conflict with this amendment to the charter of Clarkesville by this Act are hereby repealed. Repealing clause. Approved August 7, 1905.

Page 730

CLARKSTON, CHARTER AMENDED. No. 233. An Act to amend the charter of the town of Clarkston, so as to authorize the mayor and council to fix the time for opening and closing the polls at municipal elections. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the mayor and council of the town of Clarkston, in DeKalb county, shall have full power and authority to fix by ordinance the time for opening and closing the polls at all elections held under the charter of said town, anything in the said charter or the laws of this State to the contrary notwithstanding. Clarkston; municipal elections. 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 2, 1905. CLIMAX, TOWN OF INCORPORATED. No. 177. An Act to incorporate the town of Climax, in Decatur county, Georgia; to provide for a mayor and councilmen and other officers of said town; to prescribe the duties, define their powers and to provide for the enacting of all necessary ordinances, and to provide penalties for the violation of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town of Climax, in Decatur county, is hereby incorporated under the name of the town of Climax. Climax, town of incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction, and shall be in the shape of a circle with a radius of one-half mile from the town well; said well to be the center of said circle, and the center of said town. Corporate limits. SEC. 3. Be it further enacted, That the government of said

Page 731

town shall be vested in a mayor and four 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 Climax. Mayor and councilmen. SEC. 4. Be it further enacted, That W. T. Nicholson be, and is, hereby appointed mayor, and A. L. Carter, J. W. Jeter, A. J. Trulock and F. A. Mize are hereby appointed councilmen of said town to hold office until the first regular election as hereinafter provided for, and until their successors are elected and qualified. Mayor and councilmen appointed. SEC. 5. Be it further enacted, That on the first Monday in January, 1906, 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 one year and until their successors are elected and qualified. No one shall vote for or be eligible to said offices of mayor and councilmen who is not a bona fide citizen of said town, and who is not qualified to vote for members of the General Assembly of said State; 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 for mayor and councilmen. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties, the mayor and the councilmen shall take and subscribe to 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 faithfully discharge all duties of mayor or councilman of the town of Climax to the best of my ability, so help me God. Oath of mayor councilmen. SEC. 7. Be it further enacted, That said mayor and council shall have power to levy and collect a tax of not exceeding five-tenths of one per cent. upon all the real and personal property within the corporate limits of said town; to lay out streets and lanes and to compel all persons within corporate limits who are subject to road duty to work on the streets of said town; and they may prescribe a commutation tax in lieu of said work on the streets, the mayor and council being exempt from road duty. Taxation. SEC. 8. Be it further enacted, That the mayor and council shall never have any authority to license or authorize or allow the sale of any spirituous, vinous or malt liquors in said town. Sale of liquor. SEC. 9. Be it further enacted, That said mayor and if from any cause he fail to act, any two of the councilmen shall be authorized to try any person charged with the violation of the ordinances of said town and to punish persons proved guilty by a fine

Page 732

not to exceed $50.00, or imprisonment not to exceed thirty days, or to work on the said streets of said town, either or all. Mayor's court. SEC. 10. Be it further enacted, That said mayor and councilmen have concurrent jurisdiction with justices of the peace of this State in all criminal matters that may originate in the corporate limits of said town, may issue warrants and hold courts of inquiry, and bind over parties to courts of competent jurisdiction to try the same. Judicial powers of mayor and councilmen. SEC. 11. Be it further enacted, That the mayor and council shall have power to pass such ordinances and laws deemed necessary for the proper government of said town, and to observe such rules for the collection of taxes, licenses, fines and all other moneys due the corporation, and appoint all officers and fix their compensation as such that, in their judgment, may be proper for the correct administration of justice in said town. Government powers of mayor and councilmen. 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 11, 1905. COBBTOWN, TOWN OF INCORPORATED. No. 456. An Act to incorporate the town of Cobbtown; fix its limits; prescribe its corporate powers and create a charter 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 from and after the passage of this Act, the inhabitants of the territory embraced within the limits of a square, having for its center the center of the present depot of the Stillmore Air Line R. R., in what is now known as the town of Cobbtown, in the county of Tattnall, and extending three-eights of one mile north, three-eights of one mile east, three-eights of one mile south and three-eights of one mile south and three-eights of one mile west from said central point, said territory being three-fourths of one mile square, be incorporated under the name and style of the town of Cobbtown. And said town of Cobbtown 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

Page 733

law or equity in this 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 Cobbtown, 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, the mayor of said town, by direction of the town council, making deed to any property sold or disposed of by said town. Cobbtown, corporate name and limits. SEC. 2. Be it further enacted, That the government of said town of Cobbtown shall be vested in a mayor and five councilmen, who shall compose the town council of the town of Cobbtown. Mayor and councilmen. SEC. 3. Be it further enacted, That from and after the passage of this Act, that T. B. Cowart, of said town, be, and he is, hereby appointed and constituted mayor of said town, and J. L. Scruggs, J. M. Rich, G. W. Collins, Jr., E. P. Sikes and J. S. Chambers, 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 offices until their successors in office are duly elected and qualified, as hereinafter provided. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That on the third Saturday in December, 1905, and annually thereafter, on the same day and in the same month 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 councilman, or eligible to vote for mayor or councilmen who is not qualified to 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 of 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 the town of Cobbtown, 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, the majority of the councilmen shall order a new election to fill said vacancy, notice of which shall be given at least ten days

Page 734

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. Elections of mayor and councilmen. SEC. 5. Be it further enacted, That before entering upon the discharge of the duties of their office, the mayor and councilmen shall subscribe to the following oath: I 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 Cobbtown, Georgia, acording to law, and to the best of my ability and understanding conserve the best interests of said town, so help me God, which oath may be administered by any person authorized by law to administer oaths. Oath of mayor and councilmen. SEC. 6. Be it further enacted, That said town council shall have power to elect such marshals, clerk, treasurer or other subordinate officers as they may deem best for the proper carrying out 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. Municipal 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 of this State and of the United States. General welfare. 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 by fines, imprisonment, or work on the public streets, not to exceed fifty dollars ($50.00) fine, imprisonment in the guardhouse for thirty days, or work on the public works, such as streets, driveways, etc., for thirty days, any one of these in the discretion of the court trying the defendant. Punitive powers. SEC. 9. Be it further enacted, That the town council shall have power and authority to assess, levy and collect annual ad valorem taxes upon all property, real and personal, within the corporate limits of said town; to prescribe rules and regulations for the same and penalties for non-compliance therewith; to fix the time for making tax returns and for paying taxes, notice of which time so fixed shall be given at least four weeks prior to the date so fixed by posting notices thereof in three public places in said town. Said tax shall not exceed one-half of one per cent.

Page 735

upon the value of said property for the ordinary current expenses of the said town, and one-half of one per cent. for streets and permanent improvements. The town council 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 town council 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. Ad valorem tax. SEC. 10. In addition to the ad valorem taxes heretofore mentioned, the town council 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 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 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 cotton seed, public warehouses, guano dealers, markets for the sale of fresh meats, fish or fish dealers, and upon all other lines of business carried on in said town. They shall also have power to tax and license all livery stables, sale stables, drays, hotels, public boarding houses, persons engaged in hauling for hire with any dray, hack, cart, wagon, or other device. They shall have power to levy and collect a specific tax upon all transient persons doing business in said town, and upon all itinerant tinkers, traders or peddlers plying their vocations or offering their wares for sale in said town, except such professions, business or callings or persons 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, immediately upon being notified to do so, shall, upon conviction, be fined an amount equal to double the tax or license and costs, or in default be imprisoned in the guardhouse or jail, or work upon

Page 736

the public works not exceeding thirty days. And in case of corporations or non-resident firms, the agent who represents them in the town will be subject to the same penalty for doing business without first obtaining a license or paying a tax. Special taxes. SEC. 11. The town council shall have full power and authority to lay out, widen, straighten, open, 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 lands for street, ditches or other public purposes, and if the town council and the owner thereof can not agree on the price to be paid, the same shall be submitted to the 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 damages 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 council, shall be entered upon the minutes by the said clerk and treasurer. Streets, etc SEC. 12. 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 six days in any one year, under the direction of the officers of said town; provided, however, the town council may provide a commutation tax in lieu of said work, not to exceed three dollars, which shall, when paid, relieve the party from street duty that year. Said street tax shall be due one-half on January 1st of each year, and one-half on July 1st of each year, and if not paid when demanded or summoned by the marshal to work, or appearing but failing to do good, faithful work, and failing to

Page 737

render a good, legal excuse, shall be returned by the marshal as a defaulter, and upon conviction before the mayor be fined not exceeding three dollars and costs, or six days' work upon the streets of the town for each day's default. All amounts so collected as street tax shall be applied by the town council to the working and improvement of the streets of said town. Street work and commutation tax. SEC. 13. The said town council 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, stove flues and chimneys in said town, and to remove or cause to be removed at the expense of the owner or tenant of any of these places mentioned in this section that may become dangerous to the public health of the citizens of said town; 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, gun-powder, kerosene, gasolene, turpentine and all other commodities that may become dangerous or offensive to the citizens or property of said town. Obstructions and nuisances. SEC. 14. 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 the use of the buildings within the fire limits for any purpose that is classed hazardous by the town council, and without a permit; to prohibit the building or repairing of any building within said limit of material other than that prescribed without permission of said board, and if any person shall build or repair any building contrary to the above, said town council 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 town council in carrying out the provisions of this section shall be enforced by execution the same as enforcing the

Page 738

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. 15. 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. Obstructions in streets, etc SEC. 16. They shall have the 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. 17. They shall have power upon proof of the existence of any house of ill fame, bawdy-house, lewd or gaming house, to abate the same by causing the occupants thereof to be forcibly removed after three days' notice, and any property-owner or agent thereof who shall after notice of the character of the inmates, continue to rent or suffer them to remain on their premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the town. Lewd houses and gaming houses. SEC. 18. 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 consistent with the proper religious observance of the day. Sabbath. SEC. 19. Be it further enacted, That the mayor or any member of the town council, upon conviction before said body 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. Neglect and malpractice of mayor or councilmen. SEC. 20. No officer of said 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 town council be allowed to vote upon any question that he has any personal interest in whatever. Contracts with municipal officers prohibited SEC. 21. 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

Page 739

keeping or storing within the corporate limits of said town intoxicating liquors for the purpose of illegal sale. Sale of liquors. SEC. 22. Be it further enacted, That all laws and part of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 23, 1905. COHUTTA, CHARTER REPEALED. No. 511. An Act to repeal an Act incorporating the town of Cohutta, in Whitfield county, approved December 3, 1895. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved December 3, 1895, incorporating the town of Cohutta, in Whitfield county, be, and the same is, hereby repealed. Cohutta; town of, charter repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. COLLINS, CHARTER REPEALED. No. 200. An Act to abolish the charter of the town of Collins, in Tattnall County, Georgia, incorporating the town of Collins on April 9, 1894, by the superior court of said county, under section 687 of the Code of 1895, volum 1, 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 granted April 9, 1894, by the superior court of Tattnall county, Georgia, under section 687 of the Code of 1895, volume 1, incorporating the town of Collins, in said county, and constituting the present charter of the town of Collins, Georgia, be, and the same is, hereby repealed. Collins; town of, charter repealed. SEC. 2. Be it enacted by the authority aforesaid, That this

Page 740

Act shall become operative when a bill entitled an Act to incorporate the city of Collins, shall have been approved by the Governor of the State of Georgia. 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 22, 1905. COLLINS, CITY OF, INCORPORATED. No. 209. An Act to incorporate the city of Collins, in the county of Tattnall, State of Georgia, define its limits, to provide for mayor and councilmen and other officers, and the manner of their election; to provide for government of said city of Collins; to provide for the sale of bonds for public improvements, and especially for the erection of school 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 the authority of the same, That from and after the passage of this Act the inhabitants of the territory embraced within the limits of one-half of one mile in every direction from the drug-store of Dr. J. J. Kennedy in the town of Collins, Tattnall county, be, and they are hereby incorporated under the name and style of the city of Collins; and by that name shall be and are hereby invested with all the powers, rights, and privileges incident to municipal incorporations in this State as well as all the rights, power, titles, property easements and hereditaments now belonging or in anywise appertaining to the town of Collins, heretofore incorporated, said city of Collins created by this Act, is hereby made responsible as a corporate body for all legal debts, liabilities, and undertakings of the said town of Collins as heretofore incorporated. Collins; corporate name and limits. Sec. 2. Be it enacted by the authority aforesaid, That the inhabitants of the territory described in the above section and incorporated as the city of Collins, are incorporated a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with the Constitution and laws of this State, nor of the United States, with powers in and by said corporate

Page 741

name to contract and be contracted with, sue and be sued, plead and be impleaded in all courts of this State, and all other Acts relating to its corporate capacity, and shall be able in law to purchase, hold, receive, enjoy, possess and retain for the use and benefits of the city of Collins, in perpetuity for any number of years, any estate or estates, real or personal, and tenements, hereditaments of whatever kind or nature within the limits of said city for corporate purposes; to hold all property and effects now belonging to said city, either in her own name or in name of others, to the use of said city for the purpose and interest for which the same were granted or dedicated; to use, manage and improve, sell and convey, rent and lease, and to have the like powers over property hereinafter acquired; to have and to use a common seal. Corporate powers. Sec. 3. Be it enacted by the authority aforesaid, That this Act shall become operative when a bill entitled, An Act to abolish the charter of the town of Collins shall have been approved by the Governor of the State of Georgia. Sec. 4. Be it enacted by the authority aforesaid, That the government of the said city shall be vested in a city council composed of a mayor and five councilmen. The present mayor and councilmen of the town of Collins, namely, Dr. J. J. Kennedy, mayor; P. B. Sandefer, M. P. Warren, Abe Easton, Minor Wilds, T. Q. Jones, shall continue in office until the first day of January, 1907, and until their successors and associates shall have and exercise all rights, power and duties hereby conferred on the city council of said city, created by this Act. Mayor and coancilmen. Sec. 5. Be it enacted by the authority aforesaid, That on the second Monday of December, 1906, an election shall be held for mayor and five councilmen; the mayor and two councilmen shall be elected for a term of two years and three councilmen shall be elected for a term of one year; and at each election to be held thereafter, their respective successors shall be elected for a term of two years. Elections and official terms. Sec. 6. Be it enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilmen who shall not have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city, and entitled to register under the registration laws in force in said city. Eligibility Sec. 7. Be it enacted by the authority aforesaid, That the mayor and councilmen elected on the second Monday in December, 1906, shall be inducted into office on the first day of January after their election, and that their successors shall likewise enter upon their duties either as mayor or councilmen on the first day of January

Page 742

after their election on the second Monday in December as provided above. The mayor before entering upon the discharge of the duties of his office shall take and prescribe the following oath before any officer in Georgia authorized by law to administer oaths: I (A. B.) do solemnly swear that I will, to the utmost of my ability, discharge the duties of mayor of the city of Collins, during my continuance in office; so help me, God. A councilman before entering upon the discharge of the duties of his office shall take and prescribe the following oath before any officer in Georgia authorized by law to administer oaths: I (A. B.) do solemnly swear that I will, to the utmost of my ability, discharge the duties of councilman of the city of Collins, during my continuance in office; so help me, God. Term and oath of mayor and councilmen. Sec. 8. Be it enacted by the authority aforesaid, That the mayor of said city shall be its chief executive officer. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully executed, and that all officers of said city faithfully execute the duties required of them. He shall have general supervision over affairs of said city, shall preside at all meetings of the city council, and at the police court except as herein otherwise provided. Powers of mayor. Sec. 9. Be it enacted by the authority aforesaid, That the mayor and mayor pro tem., while acting as mayor, shall not have the right to vote upon any question before the council, except in case of a tie, but said mayor or mayor pro tem., shall have the right to veto any resolution or ordinances adopted or enacted by the council, which veto must be filed with the clerk in writing together with his reasons therefor, within four days after their action on said measure, and be entered for record on the minutes of the council; and said measure shall not be effectual unless passed over said veto by a vote of two-thirds of council at the first or second regular meeting of council after said veto, and not thereafter, provided, however, that within two days after said veto power is exercised the mayor, or mayor pro tem., as the case may be, shall call a special meeting of council, and if all the council, or all save one of the council, be present, they may, in their discretion, then and there act on said measure vetoed. Mayor's vote and veto. Sec. 10. Be it enacted by the authority aforesaid, That the councilmen at their first regular meeting in each year shall elect a member of their body mayor pro tem., for that year; that during the sickness, absence or disqualification of the mayor, the mayor pro tem. shall act as mayor; or in sickness, absence or disqualification of the mayor pro tem. any one of the councilmen chosen by the city council shall be clothed with all the rights and

Page 743

privileges of the mayor and shall perform the mayor's duties for the time being. Mayor pro tem. Sec. 11. Be it enacted by the authority aforesaid, That the mayor and three councilmen shall constitute a quorum for the transaction of any business before the city council, and the majority of the votes cast determine all questions and elections before the council. On all questions before the city council the mayor, or mayor pro tem., if he is presiding, shall be entitled to vote only in case of tie. Said city council shall hold regular meetings at stated times at the chamber in said city, and shall hold such call meetings as may be ordered by the mayor for special purposes, or when requested to by a majority of the councilmen. All meetings of the council shall be public, and the public shall be allowed at all times to witness their deliberations, except when the city council resolves itself into executive session, when the public shall be excluded. Quorum. Meetings. Sec. 12. Be it enacted by the authority aforesaid, That it shall be the duty of the city clerk to collect and keep, subject to the direction of the city council, all money due and belonging to the city, except as hereinafter otherwise provided; to be the custodian of the books and records of the city; to attend and preserve a minute of all acts and doings of each meeting of the city council; to be ex officio clerk of the police court of said city, and to perform all the duties usually required of a clerk of a court of like character; to be ex officio clerk of the board of tax assessors, and ex officio clerk of the board of health of the city, and to perform such other duties as are required of him by this Act, and which may be required of him from time to time by the city council. Before entering upon the duties of his office the city clerk shall execute such bond, with good security, conditioned upon the faithful discharge of his duties, in such sum as may be required of him by the city council. He shall make quarterly reports to the city council of all receipts and disbursements in detail, and each of said reports shall be spread upon the minutes of said council. He shall also make the council an annual report. He shall cause to be published in some newspaper published in said county this annual report. Clerk. Sec. 13. Be it enacted by the authority aforesaid, That the expenditures of the city council and the compensation of the said officers shall be paid out of the city funds by an order drawn by the clerk of council upon the city treasurer, and countersigned by the mayor, or mayor pro tem., of the council out of the city funds in the hands of the city treasurer, who shall keep a book in which he shall make an entry of all the sums of money paid out and to whom

Page 744

and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to the inspection of any citizen of the city, and all sums of money paid into the treasury by the provisions of this Act shall, and the same are, hereby directed to be a fund for the exclusive use of said city. Disbursements of municipal funds. Sec. 14. Be it enacted by the authority aforesaid, That there shall be elected annually at the first regular meeting in each year by the council a city treasurer, whose duties shall be such as are usual, or which may be required of him by the ordinances of said city. He shall give such bond and security as said city council may prescribe. The offices of the city clerk and city treasurer may be consolidated, in the discretion of the city council. All the city officers necessary for carrying out the provisions of this Act, except the mayor and councilmen, shall be elected at the first regular meeting of the council in each year and shall be elected by the city council. Any vacancy that may occur in any office referred to above shall be filled by the council at the next regular meeting after said vacancy occurs. Treasurer. Sec. 15. Be it enacted by authority aforesaid, That at the first regular meeting in each year of the new city council they shall elect some competent attorney of the county of Tattnall as city attorney, to hold his office for one year, and until his successor is elected and qualified. He shall, when requested, attend all meetings of the city council; give, when requested, his legal opinion to the mayor or city council, or the head of any of the city departments on any official matter; represent the prosecution in any matter in the police court when requested to do so by the mayor or other presiding officer of the police court; to make an annual report to council of his official acts and doings, and to perform such other duties incident to his office as may be required of him by the proper authority. City attorney. Sec. 16. Be it enacted by the authority aforesaid, That the compensation of the mayor, the councilmen, city clerk, treasurer, city attorney, and of such other officers, servants or employees of the city shall be such sums as the council may fix. Salaries. Sec. 17. Be it enacted by the authority aforesaid, That said city council shall have power to elect such marshal, clerk and treasurer, and other officers, as they may deem necessary for the purpose of carrying into effect the provisions of this Act and the powers hereby conferred upon them, and to prescribe the compensation of such subordinate officers, and to require such bonds for the faithful performance of the duties of such officers as they may deem necessary and proper. They shall have power to suspend or

Page 745

remove them from office for a breach or neglect of duty, or incapacity to discharge their respective duties for any cause. Municipal officers. Sec. 18. Be it enacted by the authority aforesaid, That there shall be a police court in and for said city for the trial of all persons accused of offences against the laws and ordinances of said city, to be presided over by the mayor in the council chamber, as often as necessary. In the absence of or disqualification of the mayor the mayor pro tem. shall preside in said court, and in the absence or disqualification of the mayor or mayor pro tem. any councilman may hold said court. Said court shall have power to preserve order, compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding five days in the city prison or in the county jail of Tattnall county or by fine not exceeding twenty dollars; and said fine may be collected by execution issued by the clerk and levied by the marshal or any of his deputies. Said police court shall be authorized and empowered to punish by imprisonment in the city prison for a term not exceeding thirty days; by compelling the offender to labor upon the streets of said city for and during the space of sixty days, by fine not exceeding one hundred dollars, which fine may be collected by execution, either one or both, or all of said penalties, in the sound discretion of the court. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and the chief of police of said city shall be entitled to receive such costs and fees as the city council may prescribe from the defendant or losing party. Police court. Sec. 19. Be it enacted by the authority aforesaid, That any officer of said corporation who shall be guilty of malpractice or abuse of the powers conferred upon him shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Code of Georgia, 1895, section 1039, and shall be removed from office. Malpractice. Sec. 20. Be it enacted by the authority aforesaid, That the members of the police force of this city, the mayor and councilmen, may arrest, without warrant, any person guilty of a violation of the ordinances of the said city, or reasonably suspected and bring the offender before the police court for trial and to this end may summon any of the bystanders as a posse to assist in such arrest. When brought before said court a written or printed accusation shall be preferred against the offender in manner and form as follows: Arrests of offenders. State of Georgia, City of Collins. I,..... a member of the police court of said county, in the name and behalf of the city of Collins, charge and accuse..... with the offense of (here state the offense) contrary

Page 746

to the laws of said city, peace, good order and dignity thereof, this.....day of....., 19....., and shall be signed by some member of the police force of said city where prosecuting, and when such accusation is preferred in substance as aforesaid, the same shall be sufficient authority to hold the accused until the final disposition of the case; but the accused may give bond and security to appear at such other time as the case may be adjourned to; and in default of such bond being given, the accused may be imprisoned to await trial. If such bond be given and the accused should fail to appear for trial, the bond may be forfeited by mayor or mayor pro tem., at the instance of the chief of police, and execution issued thereon upon serving the defendant, if to be found, and his securities in such manner, at least five days before the hearing of said nisi. Accusation. Sec. 21. Be it enacted by the authority aforesaid, That any person convicted before the mayor, or either presiding officer of the police court, may enter an appeal from the judgment of said court to the city; provided, the appeal to be entered within four days after the judgment complained of is pronounced; and, provided further, the defendant pays all accrued costs in the case and gives bond to abide the final judgment of the case, which bond must be approved by the clerk or the chief of police. The city council shall, as early thereafter as practicable, hear and determine said case appealed, and shall investigate the case de novo. They shall have power, if they find the defendant guilty, to decrease or increase the fine imposed by the mayor. Any person convicted by the mayor, or by the council, on the appeal, may have the right of certiorari to the superior court of Tattnall county; provided, all costs are first paid and bond and security given in double the amount of fine imposed, if a fine is imposed, to answer the final judgment rendered in the cause; and, provided further, nothing in this section shall prevent a defendant who desires to appeal his case to the city council or an applicant for certiorari to file the usual pauper affidavit in lieu of either the giving the bond and security and the payment of cost, either or both; and, provided further, that the applicant failing to give the bond and security may, in the discretion of the mayor be imprisoned to await the final judgment on the appeal or certiorari. Certioraries above mentioned shall be governed by the same rules that shall govern all other certioraries. Appeals. Certiorari. Sec. 22. Be it enacted by the authority aforesaid, That the city council of Collins shall have the power to organize one or more work-gangs, and to confine at labor therein persons who shall have been sentenced by the courts of said city to work upon the streets, or who have not paid their street tax, and shall have power

Page 747

to make all rules and regulations that may be suitable, usual or necessary for the government, discipline and control of such work-gangs, and to enforce the same through its proper officers. Chain-gangs. Sec. 23. Be it enacted by the authority aforesaid, That the mayor and each councilman shall be, to all intent and purposes, a justice of peace, so far as to enable them or any of them to issue warrants for offenses, either against State or city laws, committed within the incorporate limits of said city, which warrants may be executed by any member of the police force of said city, or any lawful officer and to commit to jail, or admit to bail, according to law, defendants for their appearance before the proper court, to await his, her or their trial; that is to bind the offender over to the city or superior court of Tattnall county for a final hearing. Mayor and councilmen exofficio justices of the peace. Sec. 24. Be it enacted by the authority aforesaid, That the police court of said city shall have full power and authority, upon the proof of the maintenance or existence of ill-fame houses or bawdy houses within said city, to cause the inmates of said house to be forcibly removed without the limits of said city, upon giving them ten days' notice, or to punish him, her or them, by a fine not exceeding the sum of ten dollars for each day he, she or they may remain after said notice, or by imprisonment in the guard-house of said city not exceeding twenty days, or both in the discretion of the police court trying the same. Lewd women Sec. 25. Be it enacted by the authority aforesaid, That the city council elect for such time as they may deem proper a chief of police, who shall be ex officio marshal of said city, and shall, from time to time, elect such other policemen, and for such term as they see fit; each policeman shall be ex officio as deputy marshal. Policemen Sec. 26. Be it enacted by the authority aforesaid, That it shall be lawful for any member of the police force of said city to arrest, without warrant, all persons within the corporate limits of said city, who, at the time of said arrest, or before that time, have been guilty of offense against the ordinances of said city, or who have been strongly suspected of being guilty, and to hold said person so arrested until a hearing of the matter before proper officers can be had, and to this end said arresting officers are authorized to imprison for a reasonable length of time said parties. The members of said police force are authorized to the same extent as are the sheriffs of this State to execute State warrants. Arrests. Sec. 27. Be it enacted by the authority aforesaid, That the police officers of said city shall release any person arrested within the corporate limits of said city upon said person giving a bond with good security, to be approved by the clerk or chief of police, conditioned to pay the obligee in said bond, to wit, the city of Collins,

Page 748

the amount therein stated in the event said person arrested does not appear for trial. And should said person fail to appear at the time and place fixed in said bond, said bond may be forfeited in the mayor's court in the usual way, or as the city council may prescribe. Appearance bonds. Sec. 28. Be it enacted by the authority aforesaid, That executions for any and all taxes, licenses, fines, assessments, forfeitures or demands made by the city, or by its corporate authorities, against any person or corporation whatsoever, shall be issued by the clerk of said city, bear test in the name of the mayor thereof, and shall be directed to the marshal of said city and his deputies, and to all and singular the sheriffs of said State, their deputies and constables. The levy, advertisement and sale shall conform to the laws of Georgia as to sheriff's sales in all respects, except that when the property levied upon is personalty, the rules pertaining to constable sale shall govern. Tax fi. fa. and other executions, how enforced. Sec. 29. Be it enacted by the authority aforesaid, That the said city council shall elect from the citizens of the said city at the first meeting of the new council in each year, a board of health, consisting of five members, at least one of whom shall be a practicing physician of said city. None but the chairman shall receive compensation for their services, and he shall be paid from the treasury of the said city such compensation as the city council may fix. The said board of health shall make recommendations from time to time to the city council on matters pertaining to the health, comfort and sanitary condition of the city, and shall take such precautionary measures against the spread of contagious, infectious and epidemic diseases as they may deem expedient, and shall make reasonable rules and regulations for the government of localities, places and persons in line with the purposes for which this board is created; and any person failing to obey reasonable rule, order or regulation, shall be guilty of an offence against said city, and shall be punished accordingly. Said board shall meet at least once a month, and oftener at the call of the chairman. Their rules, orders and regulations shall, by its clerk, be published, as shall also the minutes of their meeting, except when by order of the board it is thought inexpedient to publish their minutes, or any part of them. They shall have power to establish quarantine, pesthouses and the like. The mayor or city council shall designate some member of the police force as sanitary inspector, or they shall appoint a regular sanitary inspector, who, in either case, shall be the executive officer of the board of health. Board of health. Sec. 30. Be it enacted by the authority aforesaid, That for the

Page 749

purposes of raising revenue for the support, and maintenance of the government of the city of Collins, the city council shall have full power and authority, and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding one-half of one per centum upon the value of said property. Ad valorem tax. Sec. 31. Be it enacted by the authority aforesaid, That at the first meeting of each year after the newly elected councilmen qualify, or as soon thereafter as practicable, the city council shall elect three citizens of said city as tax assessors, whose duty it shall be to carefully go over the tax returns of all property owners in said city after they are made to the proper officer for receiving the same, and after considering the same to assess the fair market value of all property on said return, provided they find said property not given in at its fair market value. Said tax assessors shall do the work of assessing the property in the said city within ten days after the expiration of the time for giving in taxes. Said tax assessors shall hold their office one year. All vacancies occurring on said board shall be filled by the city council. Said assessors, before entering on the discharge of their duties, shall take and subscribe to an oath to faithfully and fearlessly perform the duties of their offices. Tax assessors. Sec. 32. Be it enacted by the authority aforesaid, That it shall be the duty of every citizen and property owner, and they are hereby required, to make annual returns under oath to the clerk of the council during the first twenty days of every September, of a full and complete schedule of all their taxable property held in their own rights and in behalf of others; and in case any person shall fail or refuse to make such returns, or shall make any return deemed by the board of assessors incorrect, said board of assessors shall assess the property of such person and fix such value thereon as they may deem correct and just. The clerk of council shall keep on hand sufficient blanks for the property owners in said city to make their tax returns on. A majority of said board of assessors shall constitute a quorum. Tax returns. Sec. 33. Be it enacted by the authority aforesaid, That all property not returned for taxation during the first twenty days of each September shall be double taxed; provided, however, that the board of tax assessors shall have power, in their discretion, under such rules and regulations as they may prescribe, to relieve against the double tax for good cause shown. Tax defaulters. Sec. 34. Be it enacted by the authority aforesaid, That the city

Page 750

council shall, early in each year, fix a time for the valuation of property for taxation, and in the absence of a time fixed by said city council, the first day of July in each year shall be the time of property taxation. Date of valuation. Sec. 35. Be it enacted by the authority aforesaid, That there shall be a lien on all property, real or personal, of said citizens of said city for all corporation taxes assessed thereon, licenses due, and for all fines and penalties assessed upon the owners thereof from date they are assessed or imposed, which shall have priority over all other liens, except for taxes due the State and county, and which may be enforced by executions issued by the clerk of said city and levied by the marshal. Liens. Sec. 36. Be it enacted by the authority aforesaid, That in case any property which is subject to taxation, was not assessed by the tax assessors, or returned for taxation, or for any reason has not been assessed for taxation and taxes collected thereon, in any year then passed, the city tax assessors may, at any time, assess said property for said year or years, and double tax it, if there has been a failure to return it as required by law; and if the city council shall have provided for the double taxing of defaulters, execution shall then issue therefor, as in other cases, at the rates for the several years in which no taxes were paid. This section shall apply to the assessment of property which, before the passage of this Act, was not assessed for taxation and taxes collected thereon, as well as the property which, in future, may be made, and executions issued therefor hereunder, as well as for years prior to the passage of this Act as hereafter. The city council shall provide by ordinances, when they shall be necessary, for fully carrying into effect this section. Back taxes. Sec. 37. Be it enacted by the authority aforesaid, That the city council shall have the power to require every male inhabitant in said city who, by the laws of Georgia, is subject to be worked on the public roads, that is, all between the ages of sixteen years and fifty, to work such length of time on the public streets, etc., of said city as said city council shall direct by ordinances, in no case to exceed ten days of each year. Said persons so subject to be worked on the streets of said city shall have the right to relieve themselves of said work by paying a commutation tax or street tax, the amount of which shall be fixed by ordinance, and which amount in no event exceed the sum of ten dollars in one year; said work to be done and said commutation or street tax to be paid at such times as may by ordinance be prescribed. Any person subject to work on the streets who shall fail to work or to pay

Page 751

said tax, after having been duly notified, may be punished in police court as other offenders against the ordinances of said city. Street work and commutation tax. Sec. 38. Be it enacted by authority aforesaid, That the city council of Collins 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 the State and from the funds arising from the sale of any bonds thus issued may establish and maintain a system of waterworks, a system of electric lights, a system of public schools, erect school buildings and city hall, erect public library, or grounds for parks, or for city cemetery, or for any other convenience of citizens of said city, for any other lawful purpose and under the limitations therein stated, and to levy a tax of one-half of one per cent. for each annually upon the assessed property of said city to discharge such debts. Municipal bonds. Sec. 30. Be it enacted by the authority aforesaid, That with the consent of two-thirds of the qualified voters of said city the mayor and council shall have power and authority to issue bonds for the erection of public schools in said city and to levy an annual tax not to exceed one-half of one per cent. upon the assessed taxable property of said city to maintain said schools. The mayor and council shall elect five members of the board of public schools trustees, who shall be elected by the council at its first regular meeting in each year, and all of said trustees shall serve a term of one year from time of their election, and all vacancies in said board of trustees shall be filled by said city council at its first regular meeting after said vacancy occurs. Said trustees shall receive no compensation for services. White and colored schools shall be maintained separately. Said board shall have authority to employ a superintendent and other teachers for said public schools and to prescribe their duties and to suspend or discharge them for good cause, to prescribe the terms upon which pupils shall be admitted to said public schools, and to make such rules and regulations and by-laws as they deem right and proper for the maintaining of a system of public schools for said city. Said board of public school trustees shall have power to fix the compensation of all teachers employed in said public schools and to pay same. Said board shall keep the minutes of each meeting, which shall be open to the inspection of the mayor and councilmen or any other citizen of said city. The public schools shall be under the supervision of the mayor and councilmen. That after such public school system shall be adopted by said city, the board of education of Tattnall county shall not grant any license to or contract with any person to teach a school of any character in said city, nor shall any of the State fund be paid to

Page 752

any school than herein provided for, and it shall not be lawful for said county board of education to establish or maintain any school or schools within two miles of the corporate limits of said city. One member of said board of school trustees shall serve as chairman and another member of said board as secretary; the above named officers of said board of trustees to be elected by the school trustees. On the last day of each calendar year said trustees shall make a full report to the city council of all their actings and doings during the past twelve months, and said report shall be spread upon the minutes of the city council. School bonds, Board of school trustees. Sec. 40. Be it enacted by the authority aforesaid, That the State School Commissioner is hereby authorized to pay to the chairman of the board of public school trustees of the city of Collins, for the use of the schools therein, under such rules and regulations as said board may prescribe, the just and full proportion of the common school funds arising from any and all sources belonging to, or due said city, to be by said board of public school trustees expended in the establishment and maintenance of said public schools in said city of Collins, as may be authorized by the Constitution and laws of this State. Pro rata share of State school fund. Sec. 41. Be it enacted by the authority aforesaid, That with the consent of two-thirds of the qualified voters of said city, the mayor and council shall have power and authority to issue bonds to erect a school building for the high school or public school of said city, to purchase a site within said city for building, and issue and sell bonds of said city to pay for said building; to levy and collect a tax on all property within said city, from year to year, to pay accruing interest on maturing bonds issued to pay for said building; and to levy an annual tax not to exceed onehalf of one per cent. upon the assessed taxable property of said city to maintain and pay for said building by issuance of school building bonds. Bonds for school buildings. Sec. 42. Be it enacted by the authority aforesaid, That any vacancy that may exist by death, resignation or otherwise, in the city council shall be filled at the next regular meeting of the council by the councilmen; provided there are as many as three councilmen then in office, and if there are less than three councilmen then in office, the mayor shall order an election to fill all vacancies in said council, and shall advertise the notice calling said election at least ten days at the door of the chamber, where all notices concerning the said city government shall be posted. Vacancies. Sec. 43. Be it enacted by the authority aforesaid, That should there be a vacancy in the mayor's office, the mayor pro tem. shall succeed to the office and fill out the remainder of the unexpired

Page 753

term. Should the mayor pro tem. not be qualified to fill the said office, then the city council shall elect a successor to the mayor to fill out the unexpired term. Mayor pro tem Sec. 44. Be it enacted by the authority aforesaid, That all ordinances passed by the mayor and council shall, before becoming operative, be entered upon the minutes of the city council and be published at least once in some newspaper having general circulation in the city; provided, however, that in cases of urgency, the urgency to be judged of by the council and this fact referred to in the ordinances, the same shall become operative at once. Also, said ordinances shall be published for ten days at the door of the city hall, unless it be a case of urgency, when the council may proceed as set forth in this section. The council in its legislative capacity shall have the right to pass any and all ordinances for carrying on the said city government not in conflict with the Constitution of the United States, or of the State of Georgia, or this charter. Publication of ordinances Sec. 45. Be it enacted by the authority aforesaid, That the city council shall have full power and authority to establish, to construct and maintain one or more systems of sewerage and drainage, or parts of such systems, in said city and around said city, for the health, cleanliness, and comfort of its inhabitants; and the said city council shall have entire and exclusive control and jurisdiction over all said parts, private drains, and sewerage, water-closets, and the like, in said city, with full power to prescribe the location, construction, uses, and preservations, and to make such regulations concerning them in particulars. Sewerage. Sec. 46. Be it enacted by the authority aforesaid, That in case any sewer or sewers, or parts of same, shall be located in or upon or through private property, the owner of said property refuses to grant right of way for that purpose, and such, owner and the party constructing said private sewer, or said owner and the city, in the case the city constructs said sewer, can not agree upon the damages to be for such easement, three assessors shall be appointed to assess the damages of said property by reason of or on account of the construction and maintenance of any such sewer through or upon the same; said assessors to be appointed, notice given, and their awards made as in case of property taken for opening, straightening or widening streets under the charter and laws of said city. Upon the payment or tender of the amount of the award, the work may proceed notwithstanding the entry of an appeal. Condemnations for sewerage. Sec. 47. Be it enacted by the authority aforesaid, That the

Page 754

mayor and council shall have power to prevent hogs, cattle, horses, goats, or other animals, from going at large in said city, and to take up and impound any horse, mule, cattle, hog, or other animal, running at large in said city, and to pass and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said city running at large. Stock law. Sec. 48. Be it enacted by the authority aforesaid, That the city council of Collins shall, by ordinance, declare what shall be nuisances in said city, and provide for the abatement of the same, and that the police court of the city shall have concurrent jurisdiction with the city council to abate nuisances. Nuisances. Sec. 49. Be it enacted by the authority aforesaid, That the city council may enact any and all ordinances, rules, and regulations necessary to lay out a fire district in said city, and enlarge, change or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected or covered, how thick the walls must be, and how chimneys, stovepipes and flues are to be constructed, and generally to do all such things as are necessary to protect said city, so far as possible, from danger to fire, and to prevent the spread of fire from one building to another. They shall have power to order any change in the construction or arrangement of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same are dangerous, or likely to become so, and make the owner of the premises pay expenses of such changes, which may be collected by execution. And if any person shall erect any building not in accordance with the laws and ordinances of said city, the city council shall order the same removed, and if its order is not complied with by the owner or occupant, then said city council shall have power to cause the same to be removed at the expense of the owner, the cost to be collected by execution issued by the clerk. The city council shall have power to elect a building inspector, and to delegate to him the powers granted to the city council under this section, or any or all of said powers. Fire limits. Sec. 50. Be it enacted by the authority aforesaid, That said city council of Collins shall have power to grant franchises, easements, and rights of way over, in, under, and on the public streets, lanes, alleys, sidewalks, parks, and other property of said city, on such terms and conditions as said city council may fix. Franchises Sec. 51. Be it enacted by the authority aforesaid, That the city council of Collins shall have full power and control over the streets, sidewalks, alleys, and parks of said city, and shall have full

Page 755

power and authority to condemn property for the purpose of opening, laying out, widening new streets, alleys, and parks, and to erect any public buildings necessary for the city, or any of its departments, and for widening, straightening, or otherwise changing the grades of streets and sidewalks and alleys of said city; and whenever the city council shall desire to exercise the power granted in this section, it may be done, whether the lands sought to be condemned is in the hands of the owner or a trustee, executor, administrator, agent, or guardian, in the manner provided in sections 4657 and 4686 of volume 2 of the Code of 1895, and Act amendatory thereof. Said city council shall have full power and authority to remove, or cause to be removed, any buildings, steps, fences and gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section by appropriate legislation. Streets, etc Sec. 52. Be it enacted by the authority aforesaid, That mayor and council shall have executive power and authority to grant iranchise to person or persons for the purpose of erecting water system, light system, and telephone system, and any other purpose for which the public streets of said city are used; provided, that no person or persons shall be given an exclusive franchise. Franchises Sec. 53. Be it enacted by the authority aforesaid, That all the elections held under the provisions of this charter, and all elections in which any subject, if submitted to the qualified voters of the city of Collins, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, all of whom reside in the city of Collins, and each of said managers, before entering upon his duties, shall take and subscribe before some competent officer, or before one of their number, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election; so help us, God. Said managers shall keep, or cause to be kept, two lists of voters and two tally-sheets. All elections shall be held at the city hall or council chamber in said city, and shall be by ballot. The polls shall open at seven o'clock a. m. and close at three o'clock p. m. Persons receiving the highest number of votes cast for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be chosen by the city council, who shall provide for the pay of managers and their clerks; provided, however, that if the managers as chosen fail to act, then the mayor, or mayor pro tem., shall appoint other managers. So far as possible, all the provisions of this charter on the subject of elections shall apply to primary elections held in said city. Elections.

Page 756

Sec. 54. Be it enacted by the authority aforesaid, That in case the managers of any election shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer to said voter the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resided one year in this State, and for the last six months within the corporate limits of the city of Collins; so help you, God. Oath of voter. Sec. 55. Be it enacted by the authority aforesaid, That any person voting illegally at any election herein provided for, or at any primary election held in said city, shall be guilty of a misdemeanor, and be punished as prescribed in section 1039 of the Code of Georgia. Illegal voting. Sec. 56. Be it enacted by the authority aforesaid, That said managers shall certify two lists of voters and two tally-sheets, and shall place one list of voters and one tally-sheet in the ballot-box, together with the ballots, and seal the same, and shall forthwith deliver the same to the ordinary of Tattnall county, Georgia. The other tally-sheet and list of voters, together with a certificate showing the result of the election, signed by the managers, shall be placed in a package and sealed, and forthwith delivered to the clerk of said city, who shall safely keep the same and at the first meeting of the city council after the expiration of three days from said election deliver said package to said city council, who shall open the same and declare the result. If any person desires to contest the result of any election held in said city, the general laws of the State governing municipal contests shall control. Election returns. Sec. 57. Be it enacted by the authority aforesaid, That the city clerk, or if the clerk of the city council shall be sick or absent, then some person appointed by the city council, shall open at the clerk's office, or at the council chamber, or at such other place as may be designated by the city council for that purpose, on the first Monday in October in each year, a list for the registration of voters for said city, which list shall be kept open every day except Sunday during business hours, from that day until the tenth day before the regular election day, inclusive, when said list shall be finally closed; and it shall be the duty of the clerk, or other person in charge, upon application of any person entitled to vote, which application shall be made in person and not by proxy, to register the name of such person, with the street on which he lives, and his occupation; and such person, before subscribing his name, shall in each case subscribe before the clerk the following oath: You do swear (or affirm) that you are twenty-one years of age, or will be before the next city election; that you are a citizen of

Page 757

the United States; that you have resided in this State for twelve months last past, and in this city for the past six months, and that you have paid all legal taxes and assessments required of you by the authorities of said city; so help you, God. And the said city clerk, or other person in charge, shall furnish the managers of said election with a copy of said list, made out in alphabetical order, as soon as the polls are open, and failing to comply with any of the provisions of this Act, he shall be punished as the council may prescribe. Registration of voters. Sec. 58. Be it enacted by the authority aforesaid, That said city council shall have authority to regulate or prohibit the sale of liquors and all intoxicating drinks within the limits of said city of Collins, and to fix a license therefor; provided, that the said license tax in said city shall not be less than twenty-five hundred dollars, and may be at any amount above that the council may see fit to agree upon. Sale of liquors. Sec. 59. Be it enacted by the authority aforesaid, That the said city council shall have power to require a license of persons giving theatrical, spectacular or like performances, circuses, shows, and all performances; the price of said license to be whatever the council may agree upon. The city council shall have the right to tax all peddlers who may sell goods in said city and fix the tax at whatever the council may agree upon. Licenses and specific taxes Sec. 60. 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 22, 1905. COLUMBUS, CHARTER AMENDED. No. 119. An Act to amend the charter of the city of Columbus, in Muscogee county, and several Acts amendatory thereof, so as to confer power and authority upon said city to construct, maintain and operate a system of waterworks, and for other purposes, and to provide for the selection and establishment of a commission to be known as the board of water commissioners, and for other purposes, approved December 3, 1902. SECTION 1. Be it enacted by the General Assembly of the

Page 758

State of Georgia, and it is hereby enacted by authority of the same, That an Act to amend an Act to amend the charter of the city of Columbus, in Muscogee county, and the several Acts amendatory thereof, so as to confer power and authority upon said city to construct, maintain and operate a system of waterworks, and for other purposes, and to provide for the selection and establishment of a commission to be known as the board of water commissioners, and for other purposes, approved December 3, 1902, be, and the same is, hereby amended by adding to said Act an additional section, to read as follows, to wit: That the rights, powers and privileges by this Act shall not be so construed as to deny to the corporative authorities of the city of Columbus any rights and powers they may now or did possess before the passage of the same, to contract for a water supply for its use and the use of its citizens, under the general laws of this State. Columbus; water supply. 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 19, 1905. COLUMBUS, CHARTER AMENDED. No. 384. An Act to amend the charter of the city of Columbus, in Muscogee county, and the several Acts amendatory thereof, so as to create the office of chief of police separate and distirict from that of marshal; to prescribe the duties respectively of each of said officers, and to provide for the fixing of their compensation and the manner of 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 the authority of the same, That section nine (9) of an Act creating a new charter for the city of Columbus, approved November 29, 1890, as amended by an Act of the General Assembly approved July 5, 1904, be, and the same is, hereby amended as follows: By placing a comma (,) after the word marshal, and striking the word and in the third line of said section as amended aforesaid, and by striking the parenthesis and words, (who shall be chief of police) in the third and fourth lines of said section as amended,

Page 759

and inserting in lieu thereof the words chief of police; and by striking the words marshal or in the parenthesis in the twelfth line of said section as amended, and by inserting after the word offices in the thirty-seventh line of said section as amended, and inserting the words, except chief of police, so that said section, when amended, shall read as follows: That additional officers of the government of said city shall be a clerk of council, city attorney, city treasurer, clerk of market, marshal, chief of police, city sexton, sanitary inspector, superintendent of public works, city engineer, and such other officers, agents and employees as may be provided in this Act, or as said mayor and board of aldermen may deem necessary, and the said mayor and aldermen shall prescribe the duties and fix the salaries of all such officers, but none of such officers shall have or receive any fees, perquisites or costs; the compensation of each shall be by fixed salaries. All of said officers named, as well as all other officers of the city government (except the chief of police, who shall be elected by the board of police commissioners, as now provided by law), shall be elected by the mayor and aldermen of said city, each of said aldermen having one vote, and a majority of the whole board shall be required to elect, the mayor having a vote only in case of a tie. The terms of all and each of said officers shall be two years, and they shall take such an oath and give bonds for the faithful performance of their respective duties as may be prescribed by the said mayor and board of aldermen. The first election for all such officers shall be held at the first regular meeting of the mayor and aldermen, in July, 1904; and after such first election all subsequent elections for the officers named or referred to in this section shall be held at the regular meeting in July every two years thereafter, and they shall each enter upon the discharge of their respective duties immediately upon the adjournment of the first meeting of the mayor and board of aldermen, held after the second Saturday in December after their election, or at such other time or times as may be hereafter prescribed by ordinances of the mayor and board of aldermen, but the salary of no officer of the city government shall be increased or diminished after the election of such officer and during the term for which he shall have been elected, and all such officers shall hold their said offices respectively until their successors are duly elected and qualified, unless sooner removed by the mayor and board of aldermen; and in case of a vacancy in any of said offices, except chief of police, the same shall be filled by the mayor and board of aldermen at any regular or called meeting. And said mayor and aldermen

Page 760

shall have power at any time to consolidate any two or more of said offices into one. Columbus Municipal officers. SEC. 2. Be it enacted by the authority aforesaid, That section 23 of said Act creating a new charter for the city of Columbus, approved November 29, 1890, be, and the same is, hereby amended by striking the word marshal whenever the same occurs in said section, and inserting in lieu thereof the words chief of police, so that said section, when amended, will read as follows: That the mayor and each alderman shall be ex officio justices of the peace, so far as to enable each of them to issue warrants for offenses committed within the limits of the city and the police district created by this Act, and may admit to bail, or commit offenders for trial before any court held in said county having jurisdiction. The chief of police and members of the police force of the city of Columbus shall be ex officio constable of the county of Muscogee, and shall be subject to the call of the sheriff of Muscogee county as such. And said chief of police shall have power and authority to pursue and arrest, or summon before the mayor's court, any person who shall have violated any of the ordinances of said city or of the laws of Georgia over and beyond the city limits to any point within the county of Muscogee. And said arrest so made in said county of Muscogee shall be just as lawful as if made within the corporate limits of the city of Columbus. The police force of said city in the pursuit of any offender against the laws of said city or against the laws of the State of Georgia, may enter any building, either public or private, and where admission is refused it shall be lawful for said police force to break and enter said building for the purpose of making said arrest. The chief of police and members of the police force shall have full power and authority to examine all places in said city and police district where he or they suspect a violation of any of the penal laws of this State to be carried on, and for this purpose he or they shall have full power and authority to call to his or their aid any or all of the male citizens of said city or police district capable of bearing arms; and shall make a report of all offenders against the penal laws of this State to the mayor. And said chief of police and members of the police force shall, in each case where he has a reason to suspect a violation as aforesaid, make an affidavit to the best of his knowledge and belief charging the offender or offenders with said offense, and the form of said affidavit shall be substantially as follows: Georgia, Muscogee county. Personally came A. B., who on oath says that to the best of his knowledge and belief C. B. did, on the day of

Page 761

, in the year , in the county aforesaid, commit the offense of , and this deponent make this affidavit that a warrant may issue for his arrest. Sworn to and subscribed before me this day of (signed A. B.), of the city of Columbus. When said affidavit shall have been made before the mayor, recorder or any alderman of said city, said mayor, recorder or alderman shall issue a warrant substantially as follows: Georgia, Muscogee county. To any sheriff, deputy-sheriff, coroner, constable, chief of police of this State, or policeman of the city of Columbus, , Greeting: A. B. makes affidavit before me that on the day of , in the year , in the county aforesaid, C. D. did commit the offense of . You are therefore commanded to arrest the body of said C. D., and bring him before me or some other judicial officer of this State to be dealt with as the law directs. You will also levy on a sufficiency of the property of said C. D. to pay the costs in the event of his conviction. Herein fail not, which said warrant shall be signed by said mayor, recorder or alderman, as the case may be, and it shall be the duty of any officer to whom said warrant of arrest is directed to arrest said offender and carry him without delay before the mayor, recorder or alderman of said city, and if there is probable cause to suspect that an offense has been committed by such person so charged, it shall be the duty of the officer before whom said charge is investigated to commit said person so charged to the common jail of the county of Muscogee, and if said offense is bailable under the laws of this State, and is less than a felony, said person so charged shall be bound over to appear at the next term of the city court of Columbus, or other court having jurisdiction, to answer for said offense so alleged to have been committed; and if the said offense is of the grade of felony, said person so charged shall be bound over to appear at the next term of the superior court of Muscogee county, and it shall be the duty of the chief of police or officer making the affidavit on which said arrest was based to appear before the proper court as a prosecutor in said case. And where said case is returnable to the city court of Columbus it shall be the duty of said officer to make the necessary affidavit, on which an accusation shall be based in said court. The following form, or one in substance the same, shall be signed by the officer by whom any offender may be committed, as prescribed in the foregoing paragraph, and shall be deemed a sufficient commitment: Georgia, Muscogee county. A. B., having been arrested on a warrant for the offense of , and brought before me, after hearing evidence it is ordered that he

Page 762

be committed for trial to court for the offense of , and the jailer of siad county is required to receive and safely keep him until discharged by due process by law. Witness my hand and seal this day of . The chief of police or any policeman of said city who shall fail to make the affidavit as aforesaid, as hereinbefore provided, shall be guilty of a misdemeanor, and on conviction thereof before any court in Muscogee having jurisdiction of the same, shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. And the effect of said conviction shall be that said chief of police or policeman shall be disqualified from holding any office under the charter of the city of Columbus; and it shall be the duty of the mayor of the city of Columbus to see that this paragraph is carried into effect. It shall be the duty of the chief of police of said city or any policeman of said city to break and enter any gambling house located in said city of Columbus and police district where gambling is actually going on at the time of said breaking and entering, and said chief of police and policeman, as the case may be, shall seize any evidence of guilt in the shape of tables, cards, dice, or other implements of gaming, and shall hold the same to be used in evidence on the trial of any cases that may be made against said offenders; and each and every person who is present shall be arrested and brought before the mayor, recorder or aldermen of said city, as the case may be, to answer to such charge as may be brought against them. Any of the officers of said corporation sued for an act done in his or their official character shall justify under this Act. Punitive powers. SEC. 3. Be it enacted by the authority aforesaid, That section 25 of said Act creating a new charter for the said city of Columbus, approved November 29, 1890, be, and the same is, hereby amended by striking the word marshal where it occurs in said section and inserting in lieu thereof the words chief of police, so that said section, when amended, shall read as follows: That the said mayor or aldermen shall have power, by ordinances, resolution or order of council, to cause to be abated, within the jurisdictional limits of said city and police district, any nuisance which may tend to the immediate annoyance of the citizens in general, which may be manifested injurious to the public health or safety, or tend greatly to corrupt the manners and morals of the people, or any considerable part thereof, whether the nuisance be such by the common law or by statute of this State, or by ordinance of said city, passed in conformity with law, and to enforce the order for abatement and removal of such nuisance by the chief

Page 763

of police and other civil force of said city. The mayor of said city shall have the power and authority to try all persons charged with keeping, permitting or maintaining a nuisance to the annoyance of his, her or their neighbors, and on conviction he shall be fined, or imprisoned, in the discretion of the mayor, not exceeding the limit made in this Act for the punishment for violation of any city ordinance, and the nuisance shall be abated. No horse, mule, cattle, sheep, goat, hog or other animal shall ever be allowed to run at large in any part of said city of Columbus, and the mayor and aldermen shall enforce this section by proper ordinances, and provide punishment for any person owning such animals wilfully violating this section, by fine not to exceed one hundred dollars, or imprisonment not exceeding sixty days, either or both, in the discretion of the mayor's court, or as provided in section 21 of this Act. Nuisances. SEC. 4. Be it enacted by the authority aforesaid, That section 1 of an Act of the General Assembly, amending the new charter for the city of Columbus, providing for the establishment of a board of police commissioners, approved December 12, 1893, be, and the same is, hereby amended as follows: By striking the word marshal where it occurs in said section, and inserting in lieu thereof the words, chief of police, so that said section, when amended, shall read as follows: Said mayor and board of aldermen shall elect a board of police commissioners for said city, and fill all vacancies which may occur in said board; that said commission shall consist of five persons, who shall be freeholders and citizens of the city of Columbus, entitled by law to vote for mayor and aldermen of said city; that the term of office of each member of said board, after the first election, shall be five years; that said board shall have an exclusive power to appoint the members of the police force of said city and elect the chief of police and lieutenants, and for cause to remove the same from office, and shall require of said officers a strict compliance with all the ordinances, laws and regulations for the government of the police of said city, and shall be in geneal charge of said city, their employment, and the supervision and direction of said force, and shall from time to time recommend to the mayor and aldermen of said city the number of the police force, but said mayor and aldermen shall have the exclusive power to designate the number of police. The commissioners shall keep a record of their appointments and removals of officers and the causes for the latter, subject to the inspection at all times of the mayor and aldermen. The first election of members of the board of police

Page 764

commissioners shall take place at the regular meeting of the mayor and board of said city in January, 1894, at which time five members constituting said board shall be elected, their term of office to begin first of January, 1894; one to serve until the first of January, 1895; another to serve until first of January, 1896; another to serve until first of Janjary, 1897; another to serve until the first of January, 1898, and another to serve until the first of January, 1899, and as these respective terms of office shall expire a new election shall be held at the regular meeting in July of each year to fill the term of five years from the date of the expiration of such term, so that one commissioner shall be elected in July of each year, and no commissioner shall serve more than two consecutive terms. No officer of the city government, nor employee of the city shall be eligible to hold the office of police commissioner. Said commissioners shall have power to elect a chairman of the police commission; provided, that nothing in this Act shall interfere with marshal and lieutenant elected for the year 1894. Board of police commissioners. SEC. 5. Be it further enacted by the authority aforesaid, That the first election to fill the office of chief of police hereby created shall be at the first regular meeting of the board of police commissioners held after the passage of this Act, and the person elected shall enter immediately upon the discharge of the duties of said office, and the term of office for said first election shall expire immediately upon the adjournment of the first meeting of the mayor and board of aldermen held after the second Saturday in December, 1906; that the second election for such chief of police shall be held at the regular meeting of the board of police commissioners in July, 1906, and all subsequent elections to fill said office shall be at the regular meeting of said board of police commissioners in July every two years thereafter, as prescribed in section 9 of the new charter of the said city of Columbus, as amended and set forth in section 1 of this Act. Chief of police. 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 24, 1905.

Page 765

COLQUITT, CITY OF INCORPORATED. No. 187. An Act to incorporate the city of Colquitt in lieu of the town of Colquitt, to confer additional powers on said corporation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the city of Colquitt is created and incorporated in lieu of the town of Colquitt, in Miller county. The territorial limits of the city of Colquitt shall be identical with the present territorial limits of the town of Colquitt, except as is otherwise specified in this Act. All lands, tenements, easements, streets, alleys, hereditaments, rights, powers and interest in property, real, personal and mixed, belonging to the town of Colquitt at the date of the passage of this Act shall belong to the city of Colquitt on and after the passage of this Act. All legal debts, obligations, notes, bills, accounts, and liabilities of whatever nature, owing by the town of Colquitt at the date of the passage of this Act, shall be owing by the city of Colquitt on and after the passage of this Act. All bonded indebtedness voted for by the people of Colquitt prior to the passage of this Act shall be carried into effect on and after the passage of this Act by the municipal authorities of the city of Colquitt, and shall be the bonded indebtedness of the city of Colquitt. This Act shall not be construed as destroying and ending the powers hitherto conferred upon the town of Colquitt by the General Assembly of Georgia, but is enacted in the nature of an amendment to the present charter of Colquitt, and as continuing the existence of said town, but changing it to a city, reserving and saving to it, in its new corporate form, all the powers, rights, privileges, duties and liabilities of said town through its charter, the amendments thereto and the Acts legally done thereunder (not inconsistent with what is herein enacted), but extending and adding the provisions of this Act to the rights, privileges, powers, duties, liabilities and limitations of the Act created by said charter of the town of Colquitt, the amendments thereto, and the Acts done thereunder. Colquitt, city of, incorporated and succeeds to all rights and liabilities of town of Colquitt. SEC. 2. The municipal authorities of said city shall consist of a mayor and four councilmen, who together shall be known as the city council. Three councilmen, or the mayor and two councilmen, shall constitute a quorum of the city council. The concurrent

Page 766

vote of three councilmen, or the mayor and two councilmen, shall be necessary to the passage of any order, resolution, ordinance or other official action of the city council. The mayor shall vote only in a case of a tie. The council may elect from their number a mayor pro tempore, who shall have the same authority in all matters as is given the mayor whenever the mayor, for any reason, can not or will not act, or declines to do so. Mayor and councilmen. SEC. 3. The mayor and councilmen of said city shall be elected on the first Tuesday in January of each year for the term of one year and until their successors are elected and qualified. The present officers of the town of Colquitt shall serve as officers of the city of Colquitt till the next election. If an election is not held at the prescribed time, a special election may be called by the city council or according to the provisions of section 692 of the Code of Georgia, volume 1. Vacancies existing in the city council may be filled at any time by a special election to be called for that purpose by a majority of the remaining members of the city council, of which twenty days' public notice shall be given. Election of mayor and councilmen. SEC. 4. The following sections of the first volume from the Code of Georgia of 1895 shall be of force and effect as law in relation to the city of Colquitt and are included in this charter in like manner as if set out in detail herein, except in so far as they may be inconsistent with what is herein otherwise enacted, to wit: Sections 692, 696, 697, 698, 699, 701, 704, 705, 707, 708, 709, 712, 713, 714, 715, 716, 723, 724, 732, 733, 734, 735, 740, 741, 742, 744, 755. General laws. SEC. 5. Recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the facts so recited in any court of this State and shall be taken as prima facie true. Sales for taxes. SEC. 6. The city council may adopt a code of ordinances and may amend and repeal the same or any part of the same. Ordinances. SEC. 7. The enumeration of powers contained in this Act shall not be considered as restrictive, but the city of Colquitt and its municipal authorities may exercise all powers, rights and jurisdiction as they might, if such enumeration were not made, and the city council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said city, and where under this charter rights are conferred or powers granted but the manner of exercising them is not fully prescribed, the city council may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act nor the laws of the State. Municipal powers.

Page 767

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 11, 1905. COMER, CORPORATE LIMITS EXTENDED. No. 173. An Act to amend an Act, approved December 13, 1893, entitled an Act to incorporate the town of Comer, in the county of Madison, and for other purposes, by amending the second section of said Act, so as to extend the corporate limits of said town of Comer from a half to one mile in every direction from the depot as a center, 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 second section of the above recited Act be amended as follows: By striking out the words a half in the second line of said section 2 of the above recited Act, between the words be and mile, and inserting therein the word one, so that said second section of said Act when amended will read as follows: Section 2. Be it further enacted, That the corporate limits of said town shall be one mile in every direction from the depot as a center. Comer; corporate limits. SEC. 2. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 2, 1905.

Page 768

CORNELIA, CHARTER AMENDED. No. 86. An Act to amend the charter of Cornelia, in Habersham county, Georgia, and to amend an Act entitled an Act to amend an Act to incorporate the town of Cornelia, in Habersham county, etc., approved December 29, 1890, to confer additional powers upon the corporate authorities, the mayor and council of the town of Cornelia, the authorizing the mayor and council to issue bonds for school purposes, and bonds for the establishment of a system of waterworks and sewerage for said town of Cornelia, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, That section 1 of an Act to amend an Act entitled an Act to incorporate the town of Cornelia, in the county of Habersham, approved December 29, 1890, the same is hereby amended by repealing the word four in the thirteenth line on page 664 of Acts 1890 and 1891, and inserting in lieu thereof the word five, said Act to take effect on and after the next regular election in said town for mayor and councilmen, and by further amending said section 1 by repealing the words, who shall be elected annually, occurring in the latter part of line number 13 and the first part of line number 14 on page number 664 of the Acts of 1890 and 1891, and in adding the following words and clauses in lieu thereof, to wit: An annual election shall be held for mayor and council for said town and at the next regular election for mayor and council after the passage of this Act, a mayor and five councilmen shall be elected, and the two councilmen receiving the highest number of votes shall hold their office for two years and until their successors are elected and qualified, and the other three councilmen elected shall hold their office for one year and until their successors are elected and qualified, and at the next regular annual election thereafter three councilmen shall be elected, the two councilmen receiving the highest number of votes at that election shall hold their office for two years and until their successors are elected and qualified, and the other one councilman shall hold his office for one year and until his successor is elected and qualified, and so on, three councilmen being elected at every annual election, so that two of said councilmen shall hold over each year and hold for two years, so that said section when amended as aforesaid, shall read as follows:

Page 769

That from and after the passage of this Act the town of Cornelia in the county of Habersham, in this State, shall be a body corporate under the name and style of Mayor and Council of Cornelia. The authority and jurisdiction of said town shall extend for a distance of three-fourths of one mile in an air line in every direction from the depot of the Atlanta and Charlotte division of the Richmond and Danville Railroad Company, in said town. The municipal government of said town shall consist of a mayor and five councilmen. An annual election shall be held for mayor and council for said town and at the next regular election for mayor and council for said town and at the regular election for mayor and council, after the passage of this Act, a mayor and five councilmen shall be elected, and the two councilmen receiving the highest number of votes shall hold their office for two years and until their successors are elected and qualified, and the other three councilmen elected shall hold their office for one year and until their successors are elected and qualified, and at the next regular annual election thereafter three councilmen shall be elected, the two councilmen receiving the highest number of votes at that election shall hold their office for two years and until their successors are elected and qualified, and the other one councilman shall hold his office for one year and until his successor is elected and qualified, and so on, three councilmen being elected at every annual election, so that two of said councilmen shall hold over each year and hold for two years. On the first Saturday in January of each year, at such election, all persons residing within the corporate limits of said town, and who shall have resided therein for six months previous to said election, and are qualified to vote for members of the Legislature, shall be qualified voters in such election. Said election shall be conducted at such places within said town as may be selected by the municipal authorities, and shall be controlled in all respects, so far as applicable thereto, by the laws of force regulating the election of members of the General Assembly, except that the result shall be certified to the mayor in office at the time the election takes place, and shall by him be proclaimed to the council then in office who shall verify the same and make public, through said mayor, the names of the persons elected. The chairman and commissioners now in office shall remain in office until the first regular election for mayor and council on the first Saturday in January, 1891, and at said first election for mayor and council the returns shall be certified to the chairman, who shall declare the result as above stated. Said corporation, under the name and style of Mayor and Council

Page 770

of Cornelia, shall have perpetual succession, may have and use a common seal, and shall be capable in law and equity to purchase, have, hold, receive, enjoy, possess, retain and sell for the use of the said town of Cornelia and estate or estates, real or personal, of whatever kind or nature which may be necessary or proper for the purposes of the incorporation, and by said name shall be capable to sue and be sued in any court of law and equity in this State, and to contract and be contracted with. Cornelia, charter amended. Corporate name and limits. Elections of mayor and councilmen. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Cornelia may, by proper ordinance made by them, prohibit the running at large of any chicken, turkey, goose, duck, peafowl, guinea, or any other domestic fowl, beyond the premises of the owner, and may also prescribe proper penalty for so doing and the impounding of the same, and for the sale of the same for expenses of feeding, damages, etc. Domestic fowls. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Cornelia shall have full power and authority to open and condemn land for the purposes of opening streets, alleys, sidewalks and other public passways for said town, or for the purpose of laying out new streets, alleys, sidewalks, or other public passways for said town, or for the purpose of widening, straightening or otherwise changing or altering any street, alley, sidewalk or other public passway in the town of Cornelia. If the owner, his agent or attorney of the land through which such new street, alley, sidewalk or other public passway is proposed to be opened, or the street, alley, sidewalk or other public passway is proposed to be widened, straightened, or otherwise changed or altered, claims that the owner of the land will be damaged thereby, and if the owner of the land, his agent or attorney and the mayor and council are not able to agree as to the amount of damages that will be due the owner of the land by the opening said public passway, then said mayor and council shall cause to be served by the marshal of said town on such owner, his agent or attorney, if to be found in the county of Habersham, notice of their intention to condemn such land; if such owner, his agent or attorney can not be found in the county of Habersham, then without notice to proceed to condemn said land. The notice shall give a description of the land sought to be condemned, and also the quantity as near as possible to be taken and the purpose for which it is to be taken and shall also state the time and place the proceedings to condemn will be had or applied for, which shall not be less than five days from date of the notice

Page 771

and service or from the date of the search for the owner, his agent, or attorney, which service or search shall not be less than five days before the condemnation papers or proceedings are applied for and taken out. The mayor and council shall select two freeholders of said town to act for them and the owner of the land, his agent or attorney, and the said owner, his agent or attorney may select two freeholders of said town to act for him, and if such owner, his agent or attorney shall fail or refuse to make a selection of two freeholders to represent him in fixing the damages for said condemnation within five days, then after the expiration of five days from the date of the service of the notice or the search as aforesaid, then the two freeholders selected by the mayor and council shall select another arbitrator and then all of said arbitrators shall be sworn to faithfully and impartially discharge their duties in fixing the damages aforesaid, and it shall be their duty to inspect the land sought to be condemned, and to hear such evidence as may be produced by either party, taking into consideration the enhanced value, if any, on the land by reason of the opening, widening, straightening or otherwise changing or altering of the proposed streets, alleys, sidewalks or other passway, as the case may be. After the arbitrators have fixed the damages they shall file their award with the mayor, which award shall be binding on both parties after five days from the filing of the award in the office of the mayor of Cornelia, but either party shall have the right of appeal therefrom to the superior court of Habersham county, Georgia, if done within five days after the return to the mayor aforesaid. And the award when it becomes final shall operate to pass complete title to the aforesaid corporation of Cornelia of the land so condemned, and the award may be made the judgment of the superior court of Habersham county aforesaid, and shall be a judgment binding upon all parties thereto, and may be enforced by execution if necessary to enforce the rights of either or all parties thereto. The mayor and council, upon the payment or bona fide tender of the sum found by the arbitrators to the owner, shall have full right and authority to proceed to open, widen, straighten, or otherwise change or alter said street, alley, sidewalk or other passway notwithstanding any appeal by either party to the superior court as aforesaid. Streets, etc Condemnations and arbitrations. Appeals from awards. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Cornelia are by this Act authorized and empowered to submit to the voters of said town under the provisions of the Code of Georgia of 1895, sections

Page 772

377 to 381, inclusive, and the Acts of General Assembly of 1897, pages 82, 83, 84 and 85, the question of issuing bonds in a sum not to exceed $20,000.00, and to be sold for the purpose of establishing, building, furnishing, maintaining, operating and running a school dormitory and other school buildings, equipments and furnishings in the town of Cornelia aforesaid. Should the said election or any elections on this question herein provided for result in favor of the bonds, then the mayor and council of Cornelia, after fully complying with the general law above referred to shall be, and they are, hereby authorized and empowered to issue bonds for said purpose not to exceed in the aggregate $20,000.00, each of said bonds to be in such sums and due on such date as said mayor and council may determine, name or designate. The mayor and council shall give thirty days' notice of said election 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 Habersham, notifying the qualified voters of said town of Cornelia that on a day named an election will be held in said town to determine the question whether bonds shall be issued by said mayor and council, which notice shall specify the amount of the bonds proposed to be issued by said mayor and council for said town and for what purpose to be issued, what rate of interest they shall bear, when the interest is to be paid, how much of the principal and interest is to be paid annually, and when said bonds are to be fully paid off. Said election shall be held on the day named in said notice, at the place in said town for holding elections for mayor and council for said town and shall be governed by the rules and law governing the elections for mayor and council of said town; the voting shall be by ballot, the ballots cast at said election shall have the words written or printed thereon, For bonds, or Against bonds, and unless For bonds shall receive two-thirds majority of all the qualified voters of said town of Cornelia said bonds shall not be issued, but if For bonds does receive two-thirds majority of the qualified voters at any election on said issue, then said bonds shall be issued. The test of the qualified voters shall be determined from the registration list of said town for said election. The result of said election shall be declared as provided for elections for mayor and council for said town of Cornelia. Municipal bonds for schools. SEC. 5. Be it further enacted by the authority aforesaid, That if, at the first election held under this provision of the preceding sections, for any of the purposes therein named, the necessary

Page 773

two-thirds of the qualified voters do not give their assent in said election to issuing the bonds specified, then it shall be lawful for the mayor and council, within six months after the election, or any election on this issue, to again submit the question of the issuing of bonds to the qualified voters of said town, the mayor and council shall have the power and authority to submit this question every six months until it carries for bonds. Other elections. SEC. 6. Be it enacted by the authority aforesaid, That the mayor and council of Cornelia are hereby this Act authorized and empowered to submit to the qualified voters of said town, under the provision of the Code of Georgia of 1895, sections 377 to 381, inclusive, and the Acts of the General Assembly of 1897, pages 82, 83, 84 and 85, the question of issuing bonds in a sum not exceeding $20,000.00, to be sold for the purpose of establishing, building, maintaining and operating a system of waterworks, sewerage, etc., or a system of electric lights, one or all of said systems may be submitted to the voters by said mayor and council for the town of Cornelia, and at said election the voting shall be by ballots, and the ballots shall have written or printed on them the words, For waterworks and sewerage and bonds, or Against waterworks, and sewerage and bonds, or For electric lights and bonds, or Against electric lights and bonds, as the case may be. The said mayor and council having the right, authority and power to call an election at any time not oftener than every six months until the question carries, an election for the qualified voters of said town to vote upon the question of the issuing the bonds aforesaid for the purposes aforesaid. Should the result of any of said elections be in favor of waterworks and sewerage and bonds or in favor of electric lights and bonds, or both, as the case may be, then the mayor and council of said town of Cornelia shall be, and they are, hereby authorized and empowered, by complying with the general law above referred to, to issue bonds for said purpose not exceeding the sum specified in the notice given of said election which notice must be given at least thirty days next preceding said election, which notice must be published in the newspaper that the sheriff's legal advertisements appear at the time and the notice must specify the day the election will be held, the purpose, the amount of the bonds, the number, the interest they shall bear, when they are to be paid in full, and how much is to be paid of principal and interest annually. Bonds for waterworks and lights. SEC. 7. Be it enacted by the authority aforesaid, That the mayor or any member of the town council of the town of Cornelia may have charges made against them by the other members of

Page 774

the council, and be tried on said charges for neglect of duty, malpractice in office, or other disorderly conduct, or for a violation of the town ordinances of said town, and upon conviction the said council may impose a fine not exceeding fifty dollars or sentence them to work on the streets of said town, and they may also remove them from office, suspend them from the discharging the duties of their office for thirty days, and may impose any or all of said judgments on any one convicted for the above offenses. The mayor or either member of the council shall be liable to punishment as any other citizen of said town for violation of the ordinances of said town. Malpractice. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and council of Cornelia 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 the town of Cornelia 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, morals or comfort of any citizen of said town; also to enforce compulsory vaccination upon all persons who reside within the corporate limits of Cornelia. Naisances. SEC. 9. Be it enacted by the authority aforesaid, That any person convicted before the mayor, mayor pro tem. or any member of the council sitting as a mayor's court, may enter an appeal from the judgment of said court to the mayor and council of Cornelia; provided the appeal be entered within twenty-four hours, and provided that all costs are first paid and bond with good security be given to abide the judgment of said mayor and council. Any person convicted on such appeal by the mayor and council may have the right of certiorari to the superior court of Habersham county; provided that all costs are first paid and bond given in double the amount of the fine imposed, with good security, 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 certiorari 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 required to pay or perform the sentence imposed; in case final judgment should be rendered in favor of the defendant, the said town of Cornelia shall refund the defendant in the sum he may have paid on such sentence. Appeals from mayor's court. Certiorari.

Page 775

SEC. 10. Be it enacted by the authority aforesaid, That the said mayor and council of Cornelia shall have full power and authority to remove or cause to be removed at the expense of the owner thereof all buildings, porches, steps, fences or other obstructions or nuisances in or near public streets, lanes, alleys, sidewalks, or other public passways in said town which are in use or which have been laid off for use in said town as public streets, lanes, alleys, sidewalks and other public passways; provided the owner of the abutting property or the owner of the obstruction may remove the same within the time given him by the mayor and council, but in case he does not remove it, the mayor and council shall have the right to remove such obstruction at the expense of the owner of such obstruction, and issue execution against the owner for the expense of removing same, and collect said execution by levy and sale in the same manner as other executions in favor of said town are collected. And the mayor and council of Cornelia shall have full power and authority to pass all ordinances needful to prevent the obstructing or blockading of the streets, sidewalks, alleys, crossings and all other public passways, including 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 by said mayor and council, and shall also have full power and authority to pass all ordinances necessary for the punishment of those violating the above ordinances. Obstructions in streets, etc SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and council of Cornelia shall have full power and authority to borrow money and to contract for the loan of money or temporary loans to meet casual deficiencies, which contract shall bind the town of Cornelia for the payment of the same, subject to restrictions of the Constitution of the State of Georgia and Code of 1895 of Georgia, section 5897, subdivision 7. Casual deficiencies. SEC. 12. Be it further enacted by the authority aforesaid, That all orders for the payment of money on contracts, accounts, or other indebtedness against said town shall be audited by the mayor and council of Cornelia at a regular meeting of the same, and an order drawn on the treasury in favor of the party to whom the debt is to be paid, which shall be signed by the mayor and clerk of council and indorsed on the back of said order by each member of the council present by writing his name across the same in his own handwriting, which order shall be noted in the minutes, giving name of party in whose favor it is drawn

Page 776

and for what amount. No money shall be drawn from the treasury of said town except in the manner above specified. Disbursements of municipal funds. SEC. 13. Be it further enacted by the authority aforesaid, That should any person fail or refuse to pay the proper authorities of the town of Cornelia any debt, tax, license, fine or any other indebtedness due said town, the mayor shall issue an execution against such delinquent, debtor, taxpayer, etc., for the amount due by him or her to the town of Cornelia, which shall be signed by the mayor. Said execution shall bind all the property that said faulting debtor, taxpayer or other person owned in said town on the day and date the property was assessed for taxes, if a tax execution, and from the date of the issuing of the fi. fa. if for any other claim or debt. Said execution shall be directed to and enforced by the marshal of said town, who, after levying the same upon the property of the defendant in fi. fa., shall, if the property levied upon be personal, advertise the sale by posting a notice thereof in three of the most public places in said town for ten days before the sale, and if the property be real estate, he shall advertise the same once a week for four weeks in the public gazette in which the sheriff's legal advertisements are published for Habersham county. All such sales shall be made by the marshal of said town before the door of the council chamber of said town within the legal hours prescribed for sheriffs, at public outcry, and when real estate is sold the marshal shall make to the purchaser a deed which shall be as effectual in the passing of the title as sheriff's sales made under execution, and it shall be the duty of the marshal, upon application of the purchaser, his agent or attorney, to put said purchaser, agent or his attorney in peaceable, quiet possession of the real estate sold; provided said marshal shall not be authorized to turn any person out of possession other than the defendant in fi. fa., his heirs, tenants, or assignees, since the lien of the fi. fa. attached. The mayor shall be entitled to fifty cents cost in each fi. fa. issued by him, and the marshal shall be entitled to the same fees as are allowed by law to the constables of this State for similar services. Executions for municipal dues. SEC. 14. Be it further enacted by the authority aforesaid, That no person holding office under the municipal government of the town of Cornelia 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, directly or indirectly, or have any interest in a contract for the performance of any work or other contract in which said town is a party, which is to be paid out of the town treasury; nor shall any such person be capable of holding

Page 777

or having any interest in any contract made with said town by himself, his firm or another, directly or indirectly. Contracts with municipal officers prohibited SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council of Cornelia shall have authority to fix a fire limit in said town; to prescribe the material to be used in the buildings within said limits; to prescribe the regulations and guarding against damages by fire, and for this purpose shall have the power to prohibit within the fire limits the use of buildings for any purpose that is hazardous without a permit from the mayor and council; to prohibit the building or repairing of any building within said fire limits of material other than that prescribed by the mayor and council without permission in writing of said mayor and council, and if any person shall build or repair any building contrary to the above, said mayor and council shall have the power to tear down same or cause the same to be done at the expense of the owner. The mayor and council of Cornelia 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 the same, and the expenses incurred by the said mayor and council in moving said dangerous structure shall be enforced by execution, and in addition thereto the person may be tried for having and keeping such dangerous structure, and upon conviction may be punished as prescribed by the ordinances of said town. Fire limits. Dangerous structures SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and council of Cornelia shall have authority to prevent mules, horses, cattle, hogs, sheep, goats, dogs, fowls or any other animal from running at large in said town or any portion thereof, beyond the premises of the owner, and to prevent and prohibit the keeping of hogs within the corporate limits, or regulate the manner in which they must be kept. The mayor and council of Cornelia shall have full power to take up and impound any such animal or fowl, and remove hogs from town, and to punish all such owners of said animals or fowls who refuse to obey any ordinance passed by said mayor and council to carry this authority into effect. Stock law. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council of Cornelia shall have authority to control the sale of fresh meats in said town, to regulate the location and use of privies, water-closets, butcher-pens, blacksmith shops, stove chimneys and other like places in said town, and, if necessary, to remove or cause to be removed at the expense of the owner any of these that said mayor and council may declare dangerous

Page 778

to the public health or the safety of any citizen of said town, or that may be declared by the mayor and council to be a nuisance, and to enforce the collection of the expense of removal by execution as other debts are collected, and to abate any nuisance. Public health. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to regulate or prevent the storing or use of dangerous explosives, firearms, fireworks, or any other explosive or annoyance used in sport or otherwise in said town. Explosives SEC. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to establish quarantine regulations against all persons who have been exposed to smallpox, yellow fever or other contagious or infectious diseases, or against infected locality; to enforce and make effective such rules, regulations and ordinances in the establishment of quarantine lines, pesthouses, or camps of detention within or without said town as may be necessary. Said mayor and council may in their discretion allow any person who has such disease or has been exposed to such disease to remain on their own premises at their own expense; provided suitable and sufficient guards are provided to successfully quarantine such premises. Quarantine. SEC. 20. Be it further enacted by the authority aforesaid, That whenever a person is arrested by the marshal of the town of Cornelia or by any other person or officer acting for said town, and such person so arrested may give bond with good security, conditioned for the faithful appearance of such person to answer such charges as are made or may be made before the mayor or mayor and council for such sum not exceeding $150.00, as may be fixed by the arresting officer, and shall be made payable to the mayor and council of Cornelia, which bond may 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, the mayor acting in place of solicitor in the forfeiting of said bond; 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 forfeitures are entered in the

Page 779

superior courts of this State; and upon such judgments said mayor shall issue an execution which shall be enforced as other executions in favor of said town; provided that it shall be competent for the arresting officer to accept cash in lieu of security on such bond, and upon forfeiture of said bond and judgment upon said forfeiture said cash may be applied to the discharge of said judgment. Appearance bonds and forfeitures. SEC. 21. Be it further enacted by the authority aforesaid, That the clerk of the council of Cornelia shall open a registration book at least thirty days prior to any municipal election held for any purpose in said town of Cornelia for the registration of voters within said corporation, which book shall be kept open each and every day (except Sunday) until ten days preceding the election, when it shall be finally closed. During said time it shall be the duty of such clerk, upon the application of any voter, to register the name of such person, expressing in such registry his age, occupation, business, color and his residence, and the said applicant shall take the following oath to be adminstered by the said clerk, to wit: You do solemnly swear that you are a citizen of the United States of America; that you will be qualified to vote for a member of the Legislature for Habersham county at the time of the election for which this registration is being, and that you will have resided six months within the incorporate limits of Cornelia at the time of said election; that you will be twenty-one years of age by the day of said election; that you have paid all taxes due the town of Cornelia to date, so help you God. That it shall be the duty of the clerk to arrange the names registered in alphabetical order and to furnish to the superintendents or managers of election the said registration book duly certified as the original registration book. This book shall be kept before said managers of the election and no person shall be entitled to vote whose name does not appear on said registration book. When the election is over such registration book shall be by said managers filed in the office of the clerk of the council, to be by him safely kept. Any person not qualified to vote as aforesaid who shall vote or attempt to vote in any election in said town of Cornelia, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Penal Code of Georgia 1895. Registration of voters. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to require all railroad companies having a line of railroad within the corporate limits of Cornelia to make crossings on the several

Page 780

roads where they cross public streets in said town for the convenience of the traveling public, and to keep the same open for travel, and said mayor and council may by ordinance require said railroad companies to keep said crossings open and clear of trains or cars at all times, except from necessity, when said crossings shall not be blockaded for more than five minutes at any one time. And in case said railroad companies shall fail or refuse to make said crossings when notified so to do, the mayor and council shall have the power to build across such railroads proper crossings at the expense of said railroad company, and may issue execution against said railroad company for such expense and collect the same as other fi. fas. in favor of said town are collected. Railroad crossings. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Cornelia shall make or cause to be made a quarterly statement and account of the financial condition of said town; such statement shall be itemized, stating from whom money received, for what purpose received, date received, and all moneys paid out; said statement shall show when paid out, what amount paid out, to whom paid and for what purpose. Such statement shall also show what amounts are due said town, and the liabilities of the town, and the balance in the treasury, if any. Such quarterly statement shall be published in the newspaper published in said town, if any newspaper is published therein; if not, then published by posting said statement at three or more of the most public places of said town. Financial statements SEC. 24. Be it further enacted by the authority aforesaid, That the salary of the mayor of Cornelia, and that the salary of the councilmen shall be fixed by the council for the foregoing year, or for the next year after fixing the said salaries. Salaries. SEC. 25. Be it further enacted by the authority aforesaid, That whenever any execution issued by the town authorities of Cornelia shall be levied upon any property, a claim of illegality may be filed under the same rules and regulations that govern claims and illegalities to justice court fi. fas., and shall be tried in same manner. Claims and illegalities SEC. 26. Be it further enacted by the authority aforesaid, That for the purpose of enabling the members of the council and the citizens of Cornelia to know at all times the true financial condition of the town, the clerk of the council shall prepare and read at each regular monthly meeting of the council a complete statement of all receipts for the town, who from and for what purpose, and all expenditures of the town, who to and for what purpose,

Page 781

and showing the balance in the treasury, if any [Illegible Text] [Illegible Text] [Illegible Text] statement, after being read to the council, upon [Illegible Text] [Illegible Text] [Illegible Text] council at such regular session. Monthly reports of treasurer. SEC. 27. Be it further enacted by the [Illegible Text] [Illegible Text] [Illegible Text] That the mayor and council of Cornelia are authorized and empowered to build sidewalks on any public street, alley or other public passway in said town, and charge the expenses thereof to the abutting land owner, and collect the same by execution as other debts due said town are collected; provided that the abutting land-owner may build said walk at his or her own expense under the direction and supervision of the mayor and council of said town, and according to the plans and material ordered by said mayor and council of Cornelia. Sidewalks SEC. 28. Be it further enacted by the authority aforesaid, That all previous charters and amendments thereto for the town of Cornelia in conflict with this amendment to the charter of Cornelia by this Act are hereby repealed. Repealing clause. Approved August 7, 1905. DACULA, TOWN OF, INCORPORATED. No. 43. An Act to incorporate the town of Dacula, in the county of Gwinnett; to provide for a mayor and councilmen and other officers; to prescribe their duties; 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 Georgia, and it is hereby enacted by authority of same, That on and after the passage of this Act, the town of Dacula, in the county of Gwinnett, be, and is, hereby incorporated as a town, under the name of the town of Dacula. Dacula, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Dacula shall be as follows: Beginning at a rock corner near the justice courthouse of the 1564th district G. M. in said town of Dacula, running a straight line therefrom to a dead pine tree near W. F. McMillian's; thence to a rock corner of A. M. Wilson and N. G. Pharr, near the residence of A. B. Higgins; thence to a red oak tree on J. W. Wilson's

Page 782

[Illegible Text] thence to a rock corner between J. W. Wilson and [Illegible Text] thence a straight line to a hickory tree on S. A. [Illegible Text] thence a straight line to a pine corner near Dr. [Illegible Text] pasture; thence a straight line to a hickory tree near J. M. McMillian's pasture fence; thence a straight line to the beginning corner as now defined, or as may be laid out and defined. Corporate limits. SEC. 3. Be it further enacted, That the municipal authorities of said town shall be a mayor and five councilmen, who are hereby constituted a body corporate, by the name of the town of Dacula, and by said name may sue and be sued, plead and be impleaded, purchase and hold real estate necessary to enable them to better discharge their duties, and needful for the good order, government and welfare of said town, and by said name shall also have perpetual succession. Corporate powers. SEC. 4. Be it further enacted, That from and after the passage of this Act, that Dr. S. L. Hinton, of said town, be, and is, hereby appointed and constituted mayor of said town, and S. E. Pharr, L. C. Mauldin, A. M. Wilson, John M. McMillians and N. G. Pharr, 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 offices until their successors in office are duly elected and qualified, as hereinafter provided. Mayor and councilmen appointed. SEC. 5. Be it further enacted, That on the third Saturday in January, 1906, and annually 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. Elections of mayor and councilmen. SEC. 6. Be it further enacted, That all persons who have been bona fide residents of said town for thirty days 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. Voters. SEC. 7. Be it further enacted, That the mayor and councilmen, and such other officers of said town as are 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 oath 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, councilman, or other officer of the town of Dacula, according to the best of my ability, so

Page 783

help me, God. Said oath, with the certificate of the officer administering same, shall be filed with the officer entrusted with the records of said town. Oath of officers. 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 said town in its corporate name. Municipal officers. SEC. 9. Be it further enacted, That the council of said town shall have the power therein to lay off, close, open and keep in 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 a 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 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 and regulations for the 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 the laws of Georgia and of the United States, 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 jail, if there be one, for a term not exceeding twenty days. Powers of council. 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 violation. Chain-gang. SEC. 11. Be it further enacted, That the mayor of said town shall have the authority to bind over or commit to jail offenders against any criminal law of Georgia, whenever in the course of

Page 784

investigation before him a proper case therefor shall be made out by evidence. Appearance bonds. SEC. 12. Be it further enacted, That said mayor and councilmen shall have the power to elect a mayor pro tem., who shall perform the duties of mayor when from any cause he can not be present to perform the duties of his office; also to fill any vacancy that may ocur in the office of the 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 the chief executive officer thereof; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police when he may deem it necessary; he shall have the power to hold his police court for the trials of the offenders of the ordinances of said town at any time he may fix; 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 or sentence him to a term of not exceeding twenty days in the work-gang as hereinbefore provided. Powers of mayor. SEC. 14. Be it further enacted, That said corporation shall have and enjoy all the rights, power and privileges incident to such corporations, and not repugnant to the Constitution and laws of the United States and of this State. General welfare. 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 7, 1905. DALLAS, CHARTER AMENDED. No. 377. An Act to amend the charter of the town of Dallas, so as to authorize the authorities of said town to establish and maintain a system of waterworks and electric lights in said town of Dallas; to provide revenue for the maintenance of the same; to authorize the issuing of bonds of said town and to extend the corporate limits of said town of Dallas, and for educational and other purposes.

Page 785

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 mayor and aldermen of the town of Dallas be empowered to submit to the qualified voters of said town under provisions of the Code of Georgia, 1895, sections 377 to 381, both inclusive, at such time as may be appointed by the mayor and aldermen of said town of Dallas the question of issuing bonds in a sum not to exceed $20,000, and to be sold for the purpose of establishing, purchasing, building, maintaining and operating a system of waterworks and electric lights and educational purposes in and for said town of Dallas, and at said election the ballots shall be written or printed, For bonds or Against bonds. Dallas, municipal bonds. SEC. 2. Be it further enacted by the authority aforesaid, That should said election herein provided for be in favor of bonds for waterworks and electric lights, then the mayor and aldermen of said city of Dallas shall be, and are, hereby authorized to issue said bonds for the purpose of purchasing, establishing, maintaining and operating a system of waterworks and electric lights for said town of Dallas, and for educational purposes, in a sum not to exceed $20,000, each of said bonds to be issued to be in such sum as the mayor and aldermen of said town of Dallas may designate; provided, the same be not less than $100 and not more than $1,000 each, and said bonds are to run for a period of not exceeding 30 years, with interest thereon at a rate not to exceed five (5) per cent. per annum, said interest to be payable annually. Bonds for waterworks and lights. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town of Dallas 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 interest of said town of Dallas, 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 payment on the principal of said bonds until all of the said principal on said bonds has matured at the expiration of not exceeding 30 years. Payments of bonds. 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 Dallas, under its corporate seal, and shall be sold, hypothecated or disposed of to the very best advantage and interest to the town of Dallas, as may be determined by the mayor and

Page 786

aldermen of said town of Dallas; and the proceeds thereof shall be used exclusively for the purchasing, establishing, building and operating a system of waterworks and electric lights and the educational interests of said town, as the mayor and aldermen may deem for the best interests of said town. Proceeds of bonds. SEC. 5. Be it further enacted by the authority aforesaid, That said waterworks and electric plants shall be built, equipped, maintained and operated in such manner and style as the mayor and aldermen of said town may deem best for the interest of said town and citizens, and that shall be most conductive to a full and economic distribution of water and lights for the use of said town and citizens thereof. Distribution of water and lights. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town of Dallas are hereby authorized and empowered to annually assess, levy and collect a tax of 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, or at such time as they (the mayor and aldermen) may have fixed for the 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 not exceed one-half of one per cent. on the taxable property of said town, 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. Taxation. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the town of Dallas 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 annually provide a sinking fund for the said purpose of paying the principal on said bonds when all have matured. Sinking fund. SEC. 8. 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 Dallas may, at their own instance, and shall on the application in writing of any number of freeholders, said number to be fixed by said mayor and aldermen of said town, at any time thereafter, order another election under the provisions of this

Page 787

Act; provided only, such election shall not be held oftener than once in every year. Other elections. SEC. 9. Be it further enacted by the authority aforesaid, That the corporate limits of said town are hereby extended from the cemetery on the north along the original land line, running east and west between land lots Nos. 204 and 157, 205 and 156 to the northeast corner of land lot No. 206 in 2d district of the 3d section of Paulding county, Georgia, and then due south along the original land line running north and south between the land lots Nos. 205 and 206, 227 and 228, 278, 299 and 300, 350 and 349, and on said line between lots 371 and 372 in 2d district and 3d section of Paulding county, Georgia, to a point on said line one hundred yards south of the Atlanta and Birmingham Air Line railroad, then turn an eastern direction running directly across land lots Nos. 373, 418, 419, 447 to a point on the Dallas and Villa Rica public road, one hundred yards south of said Atlanta and Birmingham Air Line railroad, on lot No. 448 in the 2d district and 3d section of Paulding county, Georgia, and then run a northernly direction along the west side of said public road to where the Southern railroad crosses said public road and from said point northernly on a direct line to the southeast corner of the corporate limits of said town as defined in the Act of the General Assembly of the State of Georgia, incorporating said town of Dallas, approved July 28, 1883. Corporate limits. SEC. 10. Be it further enacted by the authority aforesaid, That all lands used solely for agricultural purposes to be added to said corporation shall not be subject to taxation by said town authorities until surveyed into town lots and streets laid off over and through said lands. Agricultural lands. 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 23, 1905. DANVILLE, TOWN OF INCORPORATED. No. 628. An Act to incorporate the town of Danville, in the counties of Wilkinson and Twiggs, in the State of Georgia; to define its limits and to prescribe its municipal powers and privileges, and for other purposes.

Page 788

SECTION 1. The General Assembly of Georgia do enact, That the town of Danville, in the counties of Wilkinson and Twiggs, be, and the same is, hereby incorporated, and that the corporate limits shall extend one half mile in all directions from the Macon, Dublin and Savannah railroad crossing, in front of I. N. Maxwell's store. Danville, town of, incorporated. SEC. 2. That the government of said town shall be vested in a mayor and three councilmen; that W. R. Haynes be, and he is, hereby appointed mayor of said town, and J. N. Holloway, J. B. Johnston and L. C. Miller be, and are, hereby appointed councilmen of said town, to hold their offices until the first election of mayor and councilmen, on the first Wednesday in September after the passage of this Act, and until their successors are elected and qualified as hereinafter provided for, and that on the first Wednesday in September, and annually thereafter, elections of mayor and three councilmen shall be held, who shall hold their offices for one year, and until their successors shall be elected and qualified. All persons residing within the corporate limits, who shall have resided therein six months immediately preceding the day of election, and who are entitled and qualified under the laws of the State to vote for members of the General Assembly, shall be qualified voters and entitled to vote in said election, which shall conducted as elections for members of the General Assembly; and the certificate of the managers recorded on the records of said town shall be sufficient authority for the person receiving the highest number of votes to enter upon the discharge of their duties, after taking and subscribing an oath to faithfully discharge all their duties as mayor and councilmen, as the case may be. Mayor and councilmen appointed. Election of successors. SEC. 3. That said corporation may have and use a common seal, shall be capable of taking, purchasing, holding and selling property, real or personal, for any municipal purpose, and by that name may contract and be contracted with, may sue and be sued. Said mayor and council shall have all power necessary to pass ordinances, not in conflict with the Constitution and laws of said State; for the maintenance of good order, and for the suppression of disorder or vice of any kind whatever in said town, and for the proper police protection of the citizens of the town and government of same, and to appoint a marshal and such other police and town officers as may be necessary, and to remove them at any time for cause. That all males between the years of sixteen and fifty shall pay a street tax of three ($3.00) dollars per annum, and that said person taxed shall be given the privilege

Page 789

of working said tax out on the streets of Danville, at the price of fifty cents per day. Corporate powers. SEC. 4. That said mayor and council shall have power to establish a mayor's court for the trial and punishment of offenders against the ordinances of the town, the punishment being limited to a fine not exceeding fifty dollars, or imprisonment not exceeding thirty days, or to work upon the streets or public works of said town for any length of time not to exceed thirty days, at the discretion of the mayor, whenever the laws, rules or orders of the council, or the ordinances of said town, have been violated. Mayor's court. SEC. 5. That the sale of spirituous, malt, and other intoxicating liquors shall never be licensed in said town, and the sale thereof shall be forever prohibited therein. Sale of liquor. SEC. 6. That the mayor shall have full power to issue warrants for any offense against the laws of said State committed within the limits of said town, and shall have power to compel the attendance of witnesses, and to examine them under oath, and to admit any offender to bail as provided by law, or to commit him to jail for violation of the laws of this State, and to admit to bail or commit to the guard-house for the violation of the ordinances of said town. Offenders. SEC. 7. That the mayor and council shall have power to tax all shows, auctioneers, sleight of hand performances and gift enterprises in said town as they may deem just and proper. Specific taxes. SEC. 8. That the mayor and council shall have power to prescribe fire limits in said town, and to prescribe the plan of building and the kind of material to be used in the building of houses within said fire limits. Fire limits. SEC. 9. That the mayor and council shall have power and authority to do any and all things that are usually done by corporations of like character in this State, which are not contrary to the Constitution and laws of this State, or the United States, or in conflict with this Act. General welfare. SEC. 10. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 790

DAWSON, CHARTER AMENDED. No. 509. An Act to amend the charter of the city of Dawson, so as to make, after January 1, 1906, the mayor and each alderman ineligible for reelection for the ensuing term upon completion of their terms of office, fixing the term of office of the mayor at two years, and making his election biennial. 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 third (3d) section of the charter of the city of Dawson, as found on pages 526-7 of the published Acts of the General Assembly of Georgia for the years 1890-1, volume 2, be, and the same is, hereby amended by striking out the third sentence of said section, which is found between lines five and eleven on page 527 of said volume, and inserting in lieu thereof the following, to wit: Annually thereafter there shall be elected three aldermen who shall serve for two years, and a city treasurer who shall serve for one year, such election to be held on the second Wednesday in December in each year, and to be in the council chamber or court-house biennially thereafter, at the same time and place, there shall be elected a mayor whose term of office shall be two years; provided, that at the next annual election, in 1905, the mayor elected shall serve for a term of one year. After January 1, 1906, the mayor and each alderman of the city of Dawson shall be ineligible for reelection to their respective offices for the ensuing term upon the completion of their respective terms of office. Dawson; Election of mayor and aldermen and treasurer. 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 22, 1905.

Page 791

DECATUR, CHARTER AMENDED. No. 541. An Act to amend the charter of the town of Decatur, in the county of DeKalb, so as to provide for a board of tax assessors to assess the value of property for taxation, and also to authorize a mayor pro tempore, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the town of Decatur, in the county of DeKalb, shall have power and authority to elect a board of tax-assessors, consisting of three members, residents of said town, whose duty it shall be to assess at the true market value thereof all the real estate situate in said town, subject to taxation, and to make returns of the same to the clerk of council at such times as may be designated by the mayor and council. Decatur; tax assessors. SEC. 2. Be it further enacted, That said board of assessors shall be elected annually by the mayor and council on or before their first regular meeting in February, and shall be paid fifteen dollars each for their services as such assessors. All vacancies in said board from death, resignation or otherwise, shall be filled by the mayor and council at such times as the necessity may arise. Election of assessors. SEC. 3. Be it further enacted, That persons in making their tax returns shall not be required to return the value of their real estate, but shall return a description of the same, which description shall be filed by the clerk of council with said board of assessors. Tax returns. SEC. 4. Be it further enacted, That it shall be the duty of said board of assessors to carefully examine the returns of all personal property, and in cases of failure to make a true return thereof, to assess the same at a fair valuation; and should any person fail, refuse or neglect to return any of his personal property, subject to taxation by the town of Decatur, said board of assessors shall assess the same at double its value, and make returns thereof as provided in section one of this Act. Assessments. SEC. 5. Be it further enacted, That any person dissatisfied with the assessment of his property shall have the right to appeal the same to the mayor and council; provided, said appeal be made within thirty days from the return of said assessment, and the decision of the mayor and council on any appeal shall be final. Appeals. SEC. 6. Be it further enacted, That said board of assessors

Page 792

shall take and subscribe to the following oath in the presence of the mayor before entering upon the duties of their office: You and each of you do solemnly swear that you will faithfully and impartially discharge the duties of tax-assessors of the town of Decatur, to the best of your understanding and ability, so help you God. Oath of assessors. SEC. 7. Be it further enacted, That the mayor and council of the town of Decatur, at the first meeting held after the mayor is elected and qualified, elect from their own number a mayor pro tempore, who shall hold his office during his term as councilman, and who shall, when the mayor is absent, sick, or disqualified, exercise and perform all the duties pertaining to the office of mayor. Should any vacancy occur in said office, the mayor and council shall fill the same at the first regular meeting held after said vacancy occurs. The mayor pro tem. shall in addition to his oath as councilman take the same oath as is prescribed for the mayor. Mayor pro tem. SEC. 8. 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 22, 1905. DUBLIN, NEW CHARTER. No. 363. An Act to create a new charter for the city of Dublin, in the county of Laurens, and to consolidate and declare the rights and powers of said corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that the municipal government of the city of Dublin shall consist of a mayor and seven aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the city of Dublin, and by that name shall have perpetual succession, shall have a common seal, and be capable in law and equity to purchase, have and to hold, receive and enjoy, possess and retain to them and their successors, for the use of the city of Dublin, any estate or estates, real or personal, of whatever kind or nature, within or without jurisdictional limits of the city of Dublin, and shall by said name be capable to sue and be sued in any court of

Page 793

law and equity in this State, and shall succeed to the rights and liabilities of the present corporation of the city of Dublin. Dublin Corporate name and powers. Sec. 2. Be it further enacted, That the corporate limits of the city of Dublin shall be and remain as now fixed by law, to wit: One mile in every direction from the center of the court-house, in the county of Laurens, State of Georgia, as it is now situated, except in an easterly direction, where the western bank of the Oconee river shall be the boundary. Corporate limits. Sec. 3. Be it further enacted, That the city shall be divided into four wards, numbered respectively 1, 2, 3, and 4 (one, two, three, and four). The first ward shall be all that part of the city lying east of Monroe street, south, North Telfair street, and South Lawrence street and south of Jackson street. The second ward shall be all that part of the city lying west of Monroe street, south, Telfair street north and Lawrence street south, and south of Jackson west and Bellevue avenue. The third ward shall be all that part of the city lying north of Jackson street south and east of Jefferson street north. The fourth ward shall be all that part of the city lying west of Jefferson street north and north of Jackson street west, and Bellevue avenue. Wards. Sec. 4. Be it further enacted, That on the first Monday in July, 1906, there shall be an election for three aldermen and every two years thereafter for three aldermen from the city at large, and that on the first Monday in July, 1907, there shall be an election for mayor and four aldermen and every two years thereafter for mayor and four aldermen. Elections of mayor and aldermen. Of the four aldermen to be elected, one shall be from each of the four wards. The three aldermen elected on the first Monday in July, 1906, and mayor and four aldermen to be elected on the first Monday in July, 1907, shall hold office for the term of two years, or until their successors are elected and qualified. Albert R. Arnan shall be mayor of the city of Dublin until the election be held on the first Monday in July, 1907, and H. M. Moore, W. S. Phillips, R. H. Stanley and E. D. White are hereby made aldermen of the city of Dublin and shall hold office until first Monday in July, 1907, and O. L. Anderson, J. M. Williams, and W. F. Schaufele are hereby made aldermen of the city of Dublin, and shall hold office until the first Monday in July, 1906. Sec. 5. Be it further enacted, That all persons qualified to vote for members of the State Legislature in the county of Laurens, who shall have paid all taxes legally imposed and demanded by the authorities of the city, and have done all work on the streets, and who have resided three months within the jurisdictional

Page 794

limits of the city, and have registered as hereinafter provided, shall be qualified to vote at any city election. Voters. Sec. 6. Be it further enacted, That the mayor shall appoint three freeholders, or a justice of the peace and two freeholders, who shall be registered voters therein, to manage said elections. It shall be the duty of the managers to receive, count and verify the number of votes polled. Each of said managers, before entering on his duties, shall take the following oath before some judge or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and prevent all illegal voting to the best of my ability and power; so help me, God. Election managers Sec. 7. Be it further enacted, That if any person offering to vote at said election is challenged, he shall take the following oath: I do solemnly swear that I am twenty-one years old; that I am a citizen of this State, and have resided for the last three months in the city of Dublin; that I have paid all taxes and done all work on the streets legally required of me in said city; that I have registered, and that I have not voted before during this election; so help me, God; and no person challenged shall be allowed to vote if he refuses to take the oath. Any person voting illegally at such election shall be liable to the same penalty that is prescribed by the laws of this State for illegal voting in the State and county elections, and may be prosecuted for the same in any court in Laurens county having jurisdiction to try and determine such cases. Oath of voter. Sec. 8. Be it further enacted, That it shall be the duty of the mayor of the city to furnish all necessary material for carrying on the elections for the city and shall be caused to publish in the gazette in which the legal advertisements of said city are published, the names of the managers of said election; said publication to be in one issue only of said paper, and shall be published ten days previous to the election. All city elections shall be held at the court-house in said city and at such other places in said city as the mayor and council may by ordinance prescribe. That the polls shall be opened at eight o'clock and closed at four o'clock at all elections for the city of Dublin. Notice of elections. Sec. 9. Be it further enacted, That the mayor of the city, in conjunction with the sheriff of Laurens county and the chief of police of the city, shall take all necessary measures to preserve order, prevent the carrying of deadly weapons contrary to law, and to secure all the electors the right to deposit their ballots at the polls. Police officers and challengers shall not intimidate nor

Page 795

persuade any elector at any polling place of the city at such elections. Preservation of order at elections. Sec. 10. Be it further enacted, That after the votes for mayor and aldermen at any election shall have been counted by the managers they shall cause two certified copies of the tally sheets to be made out, one of which shall be handed over to the mayor for the time being, and the other shall be retained by the managers, and so soon as the mayor as aforesaid shall be informed of the result of the said election, he shall cause the persons elected to be notified of the same, and shall also file with the clerk of the council of said city the certified copy of the tally sheets of said election to be kept on file by said clerk in his said office and duly recorded by him on the book of minutes of the council. The person who shall receive the highest number of votes for mayor shall be declared duly elected. The persons residing in the wards who shall receive the highest number of votes for aldermen for said ward, and the three persons receiving the highest number of votes from the city at large shall be declared duly elected. Declaration of results. Sec. 11. Be it further enacted, That the clerk of the city council of the city of Dublin shall keep a book for the purpose registration, and such book shall be kept open each and every year, and at all times, Sundays excepted, except for thirty days immediately preceding an annual election. The registry list shall be consolidated during the week following the last day of registration by the clerk of council. Registration of voters. Sec. 12. Be it further enacted, That the following shall be the qualifications necessary for registration: 1. The person must be a male citizen of the United States who has resided in the State one year, in the county six months, and in the city three months next preceding the date of election. Electors. 2. He must be twenty-one years of age, or must become so by the day of the election. 3. He must have paid all taxes since the adoption of the present State Constitution, to the State and county and to the city of Dublin, which have been required of him and which he had an opportunity to pay agreeable to law. No person shall be entered on the registry who does not apply to said clerk, who is hereby made the registrar of said city, within the time provided for registering and furnish to him satisfactory evidence of his qualification; provided, however, that if the person so applying will take the following oath, he shall be entitled to registration: I do solemnly swear (or affirm) that I am twenty-one years of age, or will be on the day of the election, and qualified by citizenship, residence, and payment of taxes to vote for members of the State Legislature in the

Page 796

county of Laurens; and that I will have resided in the city of Dublin three months at the time of the election, and have paid all taxes that have been required of me by the authorities of said city and which I have had an opportunity to pay agreeable to law since the adoption of the present Constitution; so help me, God. The registrar is authorized to administer said oath, and where parties are so sworn he shall make a minute of the fact upon the registry. Any person swearing falsely under this section shall be liable to indictment and punishment as in other cases of false swearing under the laws of this State. Sec. 13. Be it further enacted, That no person shall be allowed to vote at any city election in said city who has not been duly registered according to the provisions hereinbefore set forth. Registration. Sec. 14. Be it further enacted, That in making up the registry of the voters the registrar shall enter thereon the name and age of the applicant, and the ward in which he resides. The names of the white and negro voters shall be kept separate. Registration. Sec. 15. Be it further enacted, That there may be an appeal from the decision of the registrar to a committee of the council previously appointed for that purpose, whose decision shall be final. All appeals shall be made up, heard and decided within ten days from the close of the registration list, exclusive of Sundays. After the decision of these appeals it shall be the duty of the clerk of council to make a correct list of the registered voters and furnish the managers a certified copy of such list on the evening before the election. The books of registration shall be open to the inspection of the public at all times from the beginning of the registration to the day of the election. In all elections which may hereafter be held in the city of Dublin, for the purpose of authorizing the issuing of bonds by the mayor and council, or for any purpose whatever, a special registration shall be had for such bond election, and said registration list shall be prepared in the same manner and under the same rules and regulations as they are prepared under this Act for the election of the mayor and aldermen of the city; and that no such bond election shall ever hereafter be held in the city of Dublin without special registration, unless such bond election shall occur within three months after the last registration. Appeals from registrar. Special registration. Sec. 16. Be it further enacted, That the persons elected as mayor and aldermen shall attend on the first Wednesday after their election at the council chamber, for the purpose of qualifying and taking the oath of office. The mayor and each member of the council so elected shall take and subscribe, before some judge or some justice of the peace, the following oath: I (A or B)

Page 797

do solemnly swear that I will well and truly perform the duties of mayor or members of council as the case may be, by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the city of Dublin and the common interest thereof; so help me, God. They shall then immediately enter upon the duties of their respective offices. Oath of mayor and aldermen. Sec. 17. Be it further enacted, That in case of any vacancy among the members of council, either by death, resignation, failure to elect, removal from office, or removal from the city, the mayor shall advertise a new election to fill the vacancy, and in case of the death of the mayor, his resignation, removal from office, or removal from the city, the city council shall order an election for filling the vacancy. In each case fifteen days' notice shall be given in the public gazette of the city in which city legal advertisements are published. Vacancies. Sec. 18. Be it further enacted, That no person shall be eligible as mayor unless he be of the age of twenty-seven years, qualified to be an elector of the city, and who shall have resided in the city two years immediately preceding his election. No person shall be eligible as an alderman of the city unless he shall have attained the age of twenty-one years; he must also be qualified as an elector of the city at the time of his election and must reside in the ward for which he is elected, and shall not remove therefrom during his term on pain of forfeiture of his office. Eligibility Sec. 19. Be it further enacted, That the term of office of mayor shall be two years, and until his successor is elected and qualified. He shall receive a salary to be fixed by the council not to exceed five hundred dollars per annum. He shall be the chief executive officer of the city and shall have general supervision over all its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money, and shall be clothed with veto power as hereinafter set forth. It shall be his duty to see that the laws of the State and ordinances of the city are faithfully executed within the limits of the territory over which the city government extends. He shall keep the council advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He may call the council together at any time when deemed necessary by him, and shall preside over the same. He shall give each day as much time as may be necessary to the business of the city, and shall not be absent from the State for a longer time than fifteen days together, nor absent from the city longer than twenty consecutive days, without permission of the council. Mayor, official term, salary and powers.

Page 798

Sec. 20. Be it further enacted, That the four aldermen to be elected on the first Monday in July, 1907, and every two years thereafter, one shall reside in each of the four wards of the city at the time of his election, and the three aldermen elected on the first Monday in July, 1906, and every two years thereafter, shall be elected from the city at large. Terms of aldermen. Sec. 21. Be it further enacted, That each of said aldermen shall be entitled to receive out of the treasury of the city, to be fixed by the mayor and council, and which shall be in full of all compensation, to wit: A sum not to exceed three dollars for each session of the council actually attended; provided that in no case shall the aggregate amount paid to any one alderman exceed the sum of one hundred dollars per annum; provided, also, that no more than three dollars shall be paid to any one alderman for attending during any one week, nor shall any service in any one week be estimated for compensation in any other week; it shall and is hereby made the duty of the clerk of council to keep a faithful record of the attendance of each alderman on the sessions of council, and the compensation herein provided for be paid only on his certificate of such actual attendance. Such certificate shall accompany the treasurer's voucher. Compensation of aldermen. Sec. 22. Be it further enacted, That in case the mayor, or any member of council, while in office shall be guilty of malpractice, any willful neglect in office, or abuse of the power conferred to him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be impeached by the city council, and on conviction, shall be removed from office. Malpractice. Sec. 23. Be it further enacted, That the mayor and aldermen shall constitute the legislative department of the city government, and as such shall have full power and authority from time to time to make and establish such rules and ordinances respecting streets, markets, lanes, alleys, parks and open courts, railroads, wharfs, public houses, carriages, wagons, drays, livery stables, blacksmith shops, fire engines, and all other matters affecting the good government of said city, as they shall deem requisite and proper for the security, welfare, health, and convenience of the city and for the preserving the peace, order, and good government of the same. This general enumeration of powers, however, is not to be construed as to conflict with any special power or authority given to the mayor and council of said city by this Act, but rather in aid of such power. Powers of mayor and council. Sec. 24. Be it further enacted, That there shall be a mayor protem., who shall be elected from the aldermen, to preside over that body in the absence of the mayor, and who shall be clothed with

Page 799

all the rights, powers, and the duties of the mayor during the absence or disability of the latter officer. The mayor pro tem., before entering upon the performance of his duty, shall take an oath of office to be prescribed by the council. If the mayor and the mayor pro tem. should both be absent or unable from any cause to attend to their duties, the council shall elect a chairman from their body, who on taking the oath shall be clothed with all the powers, rights, and duties of the mayor and shall serve during his absence or disability, or that of the mayor pro tem. Mayor pro tem. Sec. 25. Be it further enacted, That every ordinance of the council and every resolution passed by that body shall, before it takes effect, be presented, duly signed by the mayor pro tem., or in his absence by the chairman, and certified by the clerk, to the mayor within three days after the passage thereof. If the mayor approve it, he will sign it; if not, he shall return it with his objections, and file the same with the clerk within three days, Sundays excepted, after he receives it, and the council shall at the regular meeting thereafter, when a quorum is present, order the objections to be entered on the minutes, and at said meeting take a vote on the question, Shall the ordinance or the resolution pass over the objection of the mayor? If as many as five aldermen should vote in the affirmative, such ordinance or resolution shall stand and become effective; or otherwise, not. The yeas and nays shall in all cases be entered on the minutes. If such ordinance or resolution shall not be returned by the mayor within five days, Sundays excepted, after he shall have received it, the same shall be come effective in like manner as if he had signed it. The clerk shall always endorse on the ordinance or resolution the time when presented to the mayor, which endorsement shall be conclusive of the fact of such presentation and the time thereof. Veto of mayor. Sec. 26. Be it further enacted, That the police force of the city shall consist of a chief of police and such other officers and men as the mayor and council may by ordinance prescribe. The term of the chief of police, officers, and men shall be for two years, but such chief of police, officers, and men may be suspended or removed by the mayor and council at any time, when in their opinion such suspension or removal is necessary to the well being of the service or the interest of the city. The compensation of the police force shall be prescribed by ordinance of mayor and council, but no extra pay or allowance or cost shall ever be awarded them. They shall have power and authority to arrest all persons in said city guilty of disorderly conduct or public indecency, all persons violating the ordinances of the city, and all persons committing or attempting to commit any crime, and confine them in the city

Page 800

prison or the jail of Laurens to be brought before the mayor's court for trial or commitment; provided, that all persons not intoxicated, desiring to give bail for their appearance before such court, in bailable cases, shall be allowed to do so. The amount of bail may be fixed by the mayor, and in his absence by the chief of police. The police force shall be elected by the mayor and council, who shall have power to prescribe rules and regulations for the general management and discipline of the officers and men. Police. Sec. 27. Be it further enacted, That it shall be the duty of the chief of police, upon notice either written or verbal, from the mayor or any member of the council to prosecute all offenders against the laws of this State for crimes committed within the limits of the city of Dublin. In case any crime is committed in the presence of said chief of police, or comes to his knowledge, it shall be his duty to prosecute without such notice. Chief of police, duties of. Sec. 28. Be it further enacted, That the chief of police shall give bond in the sum of twenty-five hundred dollars for the faithful performance of his duties as chief of police. In case of resignation, removal, death or disability of chief of police, the mayor, and in his absence the mayor pro tem., shall appoint the officer to perform his duties until the first regular meeting of council, when the mayor and council shall elect such successor for the unexpired term, or until the removal of the disability of the chief. Bond of chief of police. Sec. 29. Be it further enacted, That the mayor and council shall elect the chief of the fire department and all other officers and men thereof, and shall have power to suspend or remove any of them whenever the mayor and council shall deem it necessary [Illegible Text] proper for the well being and efficiency of the department. The mayor and council shall have the power to prescribe rules and regulations for the general management of the officers and the men of the department, and fix by ordinance the pay of said officers and men. The chief and men shall be elected for two years, but may be removed as hereinbefore set out. Fire department. Sec. 30. Be it further enacted, That the mayor and council of the city of Dublin are hereby empowered to establish by ordinance a board of commissioners for its water and light plant, to be known as the water and light commission; said board when established shall consist of three members, neither of whom shall be the mayor or any member of the council. They shall be elected for the term of two years, and until their successors are elected and qualified. The members of this commission shall be freeholders of the city and shall not be eligible for any other city office during the term for which they are elected. All vacancies in the commission shall be filled by the mayor and council as in the first

Page 801

instance. Said board is hereby vested, when established, with full power and authority to maintain, extend, improve, and modify and operate the system of light and water plant now owned and operated by said city; to establish, equip, maintain, modify, and operate a system of sewers in said city of Dublin; to appoint, superintend, and remove all employees of said light and water system; to rent, purchase real estate and apparatus necessary to properly conduct the light and water system, and hold the title to the same for the city; to collect, receive, and disburse all moneys arising from the sale of bonds or from any other source whatever; to make such by-laws, rules, and regulations for their own government of the employees and the management of said light and water and sewer system as they may deem necessary, not to conflict with this Act. Said board shall make quarterly reports to the mayor and council of said city, 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. The said board shall [Illegible Text] clerk and fix his compensation, to be approved by the mayor and council of said city. The members of said board shall receive as compensation for their services such amount as may be fixed by two-thirds votes of the mayor and council held at the time, which shall not be decreased or diminished during the term of office for which said member was elected. 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 thereof elect a successor to said member for his unexpired office, so that there shall at all times be three members of said board, and shall not be increased or diminished during the term of office for which said member was elected. 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 said office, so that there shall at all times be three members of said board. Water and light commission. Sec. 31. Be it further enacted, That there shall be a board of health to consist of the mayor of the said city, the city physician and three reputable citizens of the city, who shall be appointed by the mayor and confirmed by council and shall hold office for two years and until their successors are appointed and qualified. The citizens appointed by said mayor on said board shall hold no other city office during the term for which they were elected. The mayor of said city shall be chairman of said board and entitled to vote.

Page 802

The board shall meet once per month or oftener if necessary during the term of their office. Said board shall have full power to institute all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious or contagious diseases. They shall likewise exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by the ordinances of the mayor and council. Board of health. Sec. 32. Be it further enacted, That said board of health shall have full power and authority to declare by resolution what acts and things shall be deemed nuisances, injurious to health, how and within what time the same shall be abated and likewise to declare by resolution what may be by the said board of health deemed necessary for the preservation of the public health and for the prevention and generation and introduction of infectious or contagious diseases. The ordinances of the city of Dublin now in force for the prevention of all things in this section shall have force and effect until the same are changed either by amendment or otherwise. The mayor and council shall by proper ordinances provide for the punishment of offenders against the regulations of the board of health and the mayor's court shall have jurisdiction to try all persons charged with the violation of any resolution of said board, and the fines arising therefrom shall be paid into the treasury of the city. Nuisances. Sec. 33. Be it further enacted, That said board of health shall have the supervision of all streets and water-closets, together with the drainage and sewers of the city. The smallpox hospital shall also be under the sole management of said board of health. The said board shall also examine the public institutions within the city of Dublin and compel such sanitary regulations therein as they may deem necessary. That said board of health shall make quarterly to the mayor and council of said city a full report of its actings and doings, and make such recommendations touching the public welfare as said board may see fit and proper and shall also make such other reports on the same subject from time to time as the city council may require. Three members of said board shall constitute a quorum for the transaction of business, except in time of epidemic, when two members shall have power to act. The record of the proceedings of this board open to the public, shall be carefully kept and filed among the archives of the city government. Sanitation The board of health shall have power to declare what are infected ports or places on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all their

Page 803

sebsequent acts. They may establish such quarantine regulations with the approval of mayor and council as are not in conflict with the Constitution and laws of this State. That said board of health shall have power and authority to require all physicians, clergymen, magistrates to make a report of all births, marriages and deaths occurring in said city, with which they have professional relations, which report shall by said board of health be turned over to the clerk of council. That whenever any member of said board appointed by the mayor and confirmed by council, shall fail to attend three consecutive meetings of said board without sufficient excuse the chairman of said board shall report the same to the mayor and council, who shall have authority to declare a vacancy and said mayor and council shall have the authority to fill said vacancy as in the first instance. Quarantine Sec. 34. Be it further enacted, That the mayor and council of the city of Dublin, shall, upon the report of the board of health, cause any nuisance likely to endanger the health of the city, or any neighborhood, to be abated in a summary manner, and where the nuisance is caused by the act or negligence of any individual, firm or corporation, the expense of such abatement shall be charged against the party causing such nuisance. Public health. Sec. 35. Be it further enacted, That the mayor and council of the city of Dublin shall, on the report of the board of health, cause the owner or owners of lots within the city to drain the same or fill the same to the level of the streets or alleys on which said lot or lots are fronting. Also, on a like report, to compel the owner or owners of cellars holding water to cause the same to be emptied of the water or filled up if necessary; and, in case the owner of such lot or lots shall fail or refuse, after reasonable notice to him or his agent to comply with the requirements of the mayor and council by filling up the lots or cellars, or draining the same, it shall be lawful for the mayor and council to employ some person to do the same; and for the amount expended, the clerk of council shall forthwith issue an execution against the owner of said property to be collected from said lot, or any other property belonging to him, and a sale under said execution by the marshal shall pass the title to the property sold as completely as a sale by the sheriff under a judgment and execution. Drainage. Sec. 36. Be it further enacted, That no member of the council of any of the boards herein provided for shall be interested directly or indirectly in any contract made with the city or receive any profit or emolument for any purchase or sale or sale of material or other articles paid for out of the public revenues, or for which the city becomes responsible. Contracts with municipal officers prohibited

Page 804

Sec. 37. Be it further enacted, That in addition to the officers already named there shall be a city treasurer, a clerk of council, a city marshal, a city sexton, a city attorney, and a city engineer and such other officers or agents of the city as the mayor and council may, by ordinance, prescribe. These officers shall serve for two years and until their successors are elected and qualified, unless removed for cause to be judged by the mayor and council by a two-thirds vote. They shall be elected by the mayor and council by a majority vote of the whole board. Officers. Sec. 38. Be it further enacted, That it shall be the duty of the treasurer to receive, and disburse all money of the city. He shall give bond in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, and shall take an oath in the presence of the mayor and council that he will, to the best of his skill and power, faithfully and efficiently perform the duties of his office without favor or affection to any one. He shall make out reports of receipts and expenditures itemized, and submit the same to the mayor and council whenever called upon by them for said report. Treasurer. Sec. 39. Be it further enacted, That the clerk of council shall attend all meetings of the council and board of health, keep the minutes and files of each, attend to the issuance of licenses, sign and issue all executions or other processes for the collection of taxes or moneys due the city and perform such other duties as the mayor and council may require of him. He shall give bond in the sum of three thousand dollars for the faithful performance of his duties, and shall take the same oath of office, in the presence of the mayor and council, as that prescribed for the city treasurer. Clerk. Sec. 40. Be it further enacted, That it shall be the duty of the city marshal to levy and collect all executions for taxes or other moneys due the city; to advertise and conduct all sales of property under execution or other process, execute deeds and other conveyances usually in such cases, and perform such other services as the mayor and council may by ordinances require of him. He shall give bond in the sum of two thousand dollars for the faithful discharge of his duties, and shall take the same oath of office, in the presence of the mayor and council as that prescribed for the treasurer; provided, that nothing herein shall prevent the mayor and council of the city of Dublin of combining the offices of chief of police and city marshal, and electing the same person to fill both offices. Marshal. Sec. 41. Be it further enacted, That the mayor and council shall have authority by ordinance to prescribe the duties of the city attorney, city sexton, and city engineer and the other officers of

Page 805

the city whose duties are not herein prescribed, to fix their salaries and prescribe their bond for the faithful performance of their duties when deemed necessary. They shall require an oath of office from all these officers. They may establish the fees of the city engineer and other officers of the city, in their discretion, but all fees established when collected shall be paid into the treasury for the use of the city, except the fees of the city engineer. No officer of the city except the city engineer shall ever charge or collect any fee or cost of any kind, except such fees and cost as are collected and paid into the city treasury. Attorney, sexton and engineer. Sec. 42. Be it further enacted, That all elections by the mayor and council and all votes on appointees for confirmation shall be in public, and shall be conducted as follows: As soon as the names of candidates or appointees are announced the clerk shall call the roll, and each member of the body shall as his name is called, vote viva voce, the clerk keeping a list of the votes which shall be entered upon the minutes. At the conclusion of the call the presiding officer shall declare the result. A majority of the whole board shall, in all cases, be necessary to elect or confirm, as the case may be. Elections by mayor and council. Sec. 43. Be it further enacted, That there shall be a mayor's court established for the city, which shall have jurisdiction to try offences against the laws and ordinances of the municipal government. Said court shall have power to enforce its judgments by inflicting such penalties as may be provided by law; punish witnesses for non-attendance, and also any person who shall counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the same. Said court shall be presided over by the mayor or, in his absence or disability, by the officer who is then performing the duties of mayor, as in this Act provided, and shall be held daily, or as often as may be necessary to clear the city prison. Mayor's court. Sec. 44. Be it further enacted, That the mayor and council of said city may elect a city recorder, who shall be twenty-five years of age and shall have resided two years next preceding his election in the city of Dublin and shall be a qualified elector, who before entering upon the duties of his office shall take an oath before the mayor or some other officer authorized to administer oaths, that he will truthfully, honestly and faithfully discharge the duties of his office to the best of his ability, without fear, favor or partiality. This oath shall be entered in the minutes of the council. Said recorder may be removed from office by the mayor and council after trial and conviction had before said mayor and council

Page 806

upon written charges for neglect of duty or other conduct unbecoming his station, to be judged by said body. The vote of a majority of said body shall be necessary for such conviction and removal. Recorder. Be it further enacted, That said recorder, when elected by the mayor and council shall have all rights, powers and privileges of the mayor as to the mayor's court. Sec. 45. Be it further enacted, That the mayor of said city shall have power to impose fines for the violation of any law or ordinance of the city of Dublin passed in accordance with its charter to an amount not to exceed two hundred dollars, to imprison offenders in the city barracks for the space of thirty days or at labor on the public works in the city chain-gang for not more than ninety days. He shall also have the same power as judges of the superior courts of this State to punish for contempts of officers and others by a fine not to exceed fifty dollars and imprisonment in the city barracks not to exceed fifteen days, or either or both, in his discretion. He shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the incorporate limits of said city, which warrant may be executed by any member of the police force of the city, and to commit the offenders to the jail of the county of Laurens, or admit them to bail in bailable cases, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Penalties. Sec. 46. Be it further enacted, That the chief of police or some member of the police force designated by him shall attend the session of said court and act as clerk thereof in addition to his other duties, who shall sign and issue all processes, summonses, attachments, etc., issuing out of said court, all of which shall bear test in the name of the mayor. The ministerial officers of said court shall be the chief of police and patrolman of the police force of said city, either of whom, with the exception of the member designated to act as clerk thereof, may execute the mandates of said court, and to whom, in the alternative, all mesne and final process thereof shall be directed. The chief of police or a member of the police force designated by him shall attend each session of said court for the purpose of executing the necessary orders thereof. Ministerial officers of mayor's court Sec. 47. Be it further enacted, That in the absence, sickness or disqualifications of the mayor, and in the absence, sickness or disqualifications of both, the recorder and the mayor, the mayor pro tem. of said city shall be clothed with the powers of mayor, and hold the mayor's court. Mayor pro tem.

Page 807

Sec. 48. Be it further enacted, That the mayor and council shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court. Proceedings in mayor's court. Sec. 49. Be it further enacted, That the mayor of the city shall be authorized to suspend the sentence of any prisoner convicted in mayor's court for a violation of any city ordinance, law or regulation, until such person shall have the opportunity to appeal to the council of the city and lay before that body a statement of the facts of his case, and said mayor and council shall have power after a full hearing of said case to commute, remit or suspend said sentence. Appeals from mayor's court. Sec. 50. Be it further enacted, That the mayor and council shall have power to control the markets and marketing within the city. They may establish one or more markets in the city and regulate the same; fix the hours of sale therein; prohibit the sale of marketable commodities elsewhere within the city, and pass all ordinancss, rules and regulations necessary and proper to control and regulate the markets and marketing within the city. They shall have full power to establish in said city a city market, and to restrict the sale of all articles and commodities usually sold at markets to the market so established. They shall have authority to prescribe rules and regulations for the government of said market, to rent out stalls and collect the income therefrom and to take proper steps and do everything necessary to carry out the intention of this Act with regard to this matter. They shall have power to prescribe proper penalties for the violation of the rules and ordinances concerning the market aforesaid, and any person violating such laws or ordinances shall be punished by the mayor after trial and conviction before said court. Markets. Sec. 51. Be it further enacted, That the mayor and council of the city of Dublin shall have full power and authority to remove, or cause to be removed, any building, posts, steps, fence, or other obstructions or nuisances, in the public streets, lanes, alleys, side-walks, or public squares of the city. Obstructions in streets, etc Sec. 52. Be it further enacted, That the mayor and council shall have authority to grant encroachments upon the streets, lands or alleys of the city, upon such terms and in such manner as they may by ordinance prescribe, and for a valuable consideration, to vest in the purchase of such encroachments absolute title thereto. In such all cases where this power is exercised, due regard shall be had to the property holders to be affected thereby. Encroachments on streets, etc Sec. 53. Be it further enacted, That no person, or body corporate, shall at any time hereafter, open, lay out or extend any

Page 808

street, alley, lane, or open square contrary to the original plan of said city, without the consent of three-fourths vote of the mayor and council at a regular meeting; and any application for this purpose shall be filed with the mayor and council, thirty days before the same is finally acted upon. Streets, etc Sec. 54. Be it further enacted, That the mayor and council shall have full power and authority to regulate, lay out, direct and control, the streets and alleys of the city, and grading of the same; to open new streets and alleys. Streets, etc Sec. 55. Be it further enacted, That all streets and alleys, sidewalks, pavements and street crossings shall be under the control and power of said mayor and council, and they shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks and pavements shall be constructed, paved or unpaved in case of failure or refusal of any property owner, after notice, to comply with the ordinance passed by the mayor and council in reference to the construction, paving or repair of the sidewalks, streets or street crossings, said mayor and council are hereby authorized and empowered to prescribe that the said owner may be fined in the sum not exceeding fifty dollars, and to collect the same by execution; they may also direct their officers or persons in their employment, to carry out and execute the provisions of said ordinance in reference to sidewalks, streets and street crossings, at the expense of the owner so refusing or failing to comply with said ordinance, and said mayor and council is hereby empowered to issue executions for said bill of expenses against the said owner, and levy and collect the same [Illegible Text] in case of executions for taxes. Streets,etc Sec. 56. Be it further enacted, That the mayor and council shall have power as to license, regulate and control all hotels and public houses within the city; also, to regulate all butcher pens and slaughter-houses within the corporation and remove the same if they shall become nuisances or injurious to the health of the city. They shall also have power to license drays, hacks and other vehicles used for business purposes, and regulate the same. They shall also have full power to license, regulate and control all livery stables, pumps, restaurants, places of amusement, telegraph, telephone and electric companies, all gas, water and railroad companies doing business within said city. They shall likewise have power to remove any forge or smithshop when in their opinion it shall be necessary to insure safety against fire. They shall also have power to cause any stove or stovepipe, or other thing which shall endanger the city, by exposure to fire, to be removed or remedied as their prudence shall dictate. They shall also have

Page 809

power, upon proof of existence and maintenance of any house of ill-fame within the city, to cause the occupants thereof to be forcibly removed without the city, if they shall refuse to leave the same after five days' notice. The said mayor and council shall likewise have power to take up and impound any horses, mules, cattle or hogs running at large within the limits of said city, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. Powers to license and regulate. Sec. 57. Be it further enacted, That the mayor and council shall have complete control of the manufacturing, wholesaling and retailing of spirituous and malt liquors in the city; provided, the license for retailing spirituous liquors shall not be less than ten thousand dollars per annum, and said mayor and council may refuse altogether to issue license. Sale of liquors. Sec. 58. Be it further enacted, That the mayor and council of said city are hereby expressly authorized to pass any ordinance not in conflict with the Constitution of the United States, or this State or the laws thereof, to prohibit the storage or keeping of wines, beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes, and to punish within the limits prescribed by this charter, any person or persons violating the same. Storage of liquors. Sec. 59. Be it further enacted, That the mayor upon the complaint supported by oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief wines, beer, malt or alcoholic or intoxicating liquors are stored or kept for the purpose or with intent of illegally selling or otherwise illegally disposing of the same in a certain described place within the corporate limits of the city of Dublin shall thereupon issue a search warrant, directed to the chief of police and policemen, commanding the chief of police and policemen to enter the suspected place, search for the described wine, beer, malt, alcoholic or other intoxicating liquors and seize them upon discovery; that the officer shall hold the goods in his custody and make return of his actions and doings upon the warrant to the mayor; that the chief of police or any of the policemen of said city may seize wines, beer, malt, alcoholic or intoxicating liquors found by him or them or any one of them in any case where said chief of police or policemen would have been authorized to search for said wines, beer, malt, alcoholic or intoxicating liquors, if armed with a warrant, but he shall then, within a reasonable time, procure a warrant and make return as above of what he has already done; that a written notice shall be served by the chief of police upon the party apearing to have the said liquors in his custody or control, or if no one appears to be in immediate control of the same,

Page 810

upon the person who appears to have control of the building or place where the same were found, to appear and defend the setting forth and when a hearing shall be had on the warrant, to determine whether the law has been violated by the storing or the keeping of wine, beer, malt, alcoholic or intoxicating liquor, and, if such question shall be determined affirmatively, the property aforesaid shall be destroyed by the chief of police after the lapse of thirty days from the date of the judgment on the warrant, unless the proper steps are taken within that time to have such judgment reviewed by higher court. Storage of liquors. Sec. 60. Be it further enacted, That the mayor and council shall have power to establish and fix fire limits within said city, and from time to time in their discretion to extend and enlarge the same. When said fire limits are so established it shall not be lawful for any one to erect therein other than brick buildings or structures of any kind whatever, and should any one erect or cause to be erected within such fire limits so established any building or other structure of any kind other than brick, the said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners. of such building or other structures. Such expense shall be collected by execution, as in other cases. Fire limits. Sec. 61. Be it further enacted, That the mayor and council of the city of Dublin shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city upon banking, insurance and other capital employed therein. The mayor and council shall have power to levy and collect a specific tax upon factors, bankers, agents or managers of gift enterprise, and upon all persons exercising within the city a profession, trade, calling or business of any nature whatever; provided, said tax is not in conflict with the laws of this State. The said mayor and council shall also have the power to tax all theatrical performances, exhibitions or shows of any kind within the incorporate limits of the city. They shall also have the power to levy and collect a street tax upon each male inhabitant of the city subject to road duty between the ages of sixteen and fifty years; provided, such street tax shall not exceed the sum of three dollars per annum for each person, and provided further, that such person may satisfy the same by working ten days on the streets under the direction of the city authorities; in case of failure to do work or pay such tax, the mayor and council may enforce the same by execution, or by compulsory labor thereon, at their discretion. Taxation. Sec. 62. Be it further enacted, That the mayor and council shall have the power and authority to impose a license upon dogs within

Page 811

the city in such a manner and mode as said mayor and council shall deem best; providing, in no case shall the license imposed exceed one dollar per capita per annum on said dogs. Dog license. Sec. 63. Be it further enacted, That the public schools of the city of Dublin shall be controlled by a board of education to be elected by the mayor and council of said city, said mayor and council to have the power and authority to fix the number of said board of education, prescribe their duties and fix the term for which they shall hold office; and by resolutions or ordinances to provide for the proper management of said school. Nothing in this charter shall in any manner interfere with any member of the board of education in office July 1, 1905, whose term has not expired; but each member in office July 1, 1905, shall fill the entire term for which he has been elected. Public schools. Sec. 64. Be it further enacted, That the mayor and council of said city shall not in any one year collect a tax exceeding one-fourth of one per cent. on the taxable property of said city for the support and maintenance of said public schools. School tax Sec. 65. Be it further enacted, That the mayor and council of the city of Dublin shall have the power to license, regulate and control all tenpin alleys and remove the same when they become nuisances to the neighborhood. They shall also have power to license auctioneers and vendue-masters for the city, charging therefor as they may deem proper. They shall also have power to license all vehicles within the city and limit the rates of freight and passage on the same; also to license all hoteis, boarding-houses and restaurants, barber-shops, barrooms and billiard tables as well as all other establishments not herein provided for and not otherwise taxed. They shall have power to license the sale of fresh meats and other articles usually sold at markets. They shall also have authority to levy and collect a license tax on all drummers and itinerant traders doing business in said city, upon all venders and sellers of any articles, goods or merchandise therein who have no permanent place of business therein, and upon all persons exercising any profession, trade or calling in said city, when not prohibited from so doing by the Constitution and laws of this State; to compel the payment of the same; to make all suitable laws and regulations necessary and proper to carry out the powers herein conferred and to prescribe suitable penalties for the violation thereof. Business license. Sec. 66. Be it further enacted, That all sales of property under execution in favor of said city of Dublin shall be advertised in the official organ of said city, and such sales shall be made and conducted

Page 812

in the same way and manner as sheriffs' sales under execution in the county of Laurens. Sales under municipal executions Sec. 67. Be it further enacted, That the mayor and council shall have full power over and absolute control of all pipes, sewers, private drains for filthy water or other substances or fluids in said city; to have 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 and other receptables or drains of 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, and which may be detrimental to the public health. They shall also have power and authority to compel all property owners to connect water-closets 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 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 property with the sanitary sewers within the time prescribed by the mayor and council, which shall not be less than sixty days, 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 against said real estate, and which execution may be enforced as executions for taxes due the city. And said mayor and council shall make such charges in the first instance for the privilege of connecting with said sewers, the amount to be paid to be regulated by ordinance so as to apportion said charges according to the character and amount of use of said sewers, the amount to be paid to be regulated by ordinance so as to apportion 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

Page 813

mayor and council shall have power to assess against the property abutting on the 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 lineal 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 on 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. Sewerage and drainage. Sec. 68. Be it further enacted, That the value for taxation of the real and personal property in said city shall be determined by three disinterested freeholders of said city, to be elected annually by the mayor and council, who shall be duly sworn to assess the real and personal property of said city at a fair market value, according to the best of their skill and knowledge. These assessors shall be severally entitled to receive from the treasury of said city such compensation for said services as may be fixed by the mayor and council of said city. In case of dissatisfaction with any assessments so made, the property holder dissatisfied may appeal to the mayor and council, whose decision upon the question shall be final. Tax assessors. Sec. 69. Be it further enacted, That the taxes levied annually by the city including special taxes and licenses shall be due and payable at such time as the mayor and council may by ordinance prescribe, and said mayor and council are hereby authorized and empowered to fix by ordinance the time said taxes and licenses shall become due. Taxes, when payable. Sec. 70. Be it further enacted, That the mayor and council of said city shall have the authority and power to fix by ordinance the salary to be paid the clerk of council, city physician, treasurer, city attorney, and all other officers and employees of said city, to establish, equip and maintain a city chain-gang, and pass all necessary rules for its proper management. Said mayor and council shall have the power to appoint from their number such committees for the transaction of business as they see proper, and prescribe the duty of each committee. And have, generally, the power and authority to make and pass such rules, by-laws and ordinances, necessary for the good government of said city and for securing the health of the inhabitants thereof. Salaries General welfare. Sec. 71. Be it further enacted, That this Act shall not abolish any of the ordinances of the city now in force except where they may be in conflict with the provisions of this Act. Existing ordinances

Page 814

Sec. 72. Be it further enacted, That the mayor and aldermen of said city shall have authority to grant the right to use the streets of said city for railroad, street-car, telegraph, gas, water and electric light purposes. In granting any franchise they shall specifically enumerate and impose every limitation, duty and charge necessary to fully protect the interest, present and future of said city and its citizens. Any franchise granted on other conditions shall be void. Franchises Sec. 73. Be it further enacted, That the mayor and aldermen of said city shall appropriate from such fund as they prefer, at least one thousand dollars per annum for the support of a free public library. They shall turn the control and management of said library over to a board of trustees selected by said mayor and aldermen. The members of said board now in office shall serve for the full time for which they were elected. The sum herein appropriated, together with all appropriations hereafter made shall be turned over to and disbursed by the trustees of said library, who shall render an accurate and full statement to the mayor and aldermen on January 1st of each year as to what use has been made of funds turned over to said trustees. Public library. Sec. 74. Be it further enacted, That the board of education of said city shall have power and authority to require of each pupil desiring to attend the Dublin public schools, a matriculation fee not exceeding four dollars per annum. Said fee to be paid to and disbursed by treasurer of said board as other public school funds. Matriculation fee in schools. Sec. 75. 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 22, 1905. EASTMAN, CITY OF INCORPORATED. No. 194. An Act to amend an original Act entitled an Act to incorporate the town of Eastman, in the county of Dodge, to define the limits of the same, etc., approved December 15, 1871, by striking out from said Act, and all the Acts amendatory thereof, wherever the same may occur, the words the town of Eastman, and inserting in lieu thereof the words, the city of Eastman, and to incorporate said town as a city; to preserve all obligations and rights of said town by imposing the same on the city of Eastman, and for other purposes.

Page 815

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 entitled an Act to incorporate the town of Eastman, in the county of Dodge, to define the limits of the same, and to repeal all previous Acts passed incorporating the same, approved December 15, 1871, be, and the same is, hereby amended by striking out from the first line of the title of said Act the word town and inserting in lieu thereof the word city, so that said title, when amended, will read as follows: An Act to incorporate the city of Eastman, in the county of Dodge, to define the limits of the same, and to repeal all previous Acts passed incorporating the same. Eastman; corporate name. SEC. 2. Be it further enacted by the authority aforesaid, That the first section of said Act be, and the same is, hereby amended by striking therefrom the word town, in the third line; the words mayor and council of the town, in the fifth line, and words town in the eleventh and fourteenth lines, and inserting in lieu of said words in each of said lines the word city, so that said section when amended will read as follows: That the municipal government of the city of Eastman shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the city of Eastman, and by that name and style shall have perpetual succession, and shall by the said name be capable to sue and be sued in any courts of law or equity, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors for the use and benefit of said city of Eastman, in perpetuity, or for a term of years, any estate real or personal, lands and tenements of what kind or nature soever, within the limits of said city, and to sell, alien, exchange, or lease the same, or any part thereof, or convey the same or any part thereof in any way whatever. Mayor and aldermen, powers of. SEC. 3. Be it further enacted by the authority aforesaid, That the words town be, and the same are, hereby stricken from the first and third lines of the second section; from the first and last lines of section three; from the second line of section four; from the seventh line of section five; from the last line in section seven; from the second and fifth lines of section eight; from the eighth line in section ten; from the second, third and fourth lines of section eleven; from the third and eighth lines of section twelve; from the second, fourth and fifth lines of section thirteen; from the first, fifth, tenth and thirteenth lines of section

Page 816

fourteen; from the first, third, seventh, eighth and ninth lines of section fifteen; from the first and eighth lines of section sixteen; from the first, fourth and fifth lines of section seventeen; from the second, third and fourth lines of section eighteen; from the first, fifth, seventh, eighth, eleventh, twelfth, thirteenth and fifteenth lines of section nineteen; from the third and fifth lines of section twenty; from the second, third, fifth, seventh, tenth, twelfth and thirteenth lines of section twenty-two; from the third and fifteenth lines of section twenty-three; from the second line of section twenty-four; from the fourth line of section twenty-five, and from the second line of section twenty-six of said Act, and that the word city be, and the same is, hereby inserted in lieu of and in place and stead of the said word town in each of said lines of the said sections of said Act wherever the said word town occurs, so that said Act, when amended, shall apply and refer to the city of Eastman, instead of the town of Eastman, and that the said town of Eastman, in the county of Dodge, is here incorporated as the city of Eastman, in the county of Dodge. Town stricken, city inserted. SEC. 4. Be it further enacted by the authority aforesaid, That an Act, amendatory of said original Act, entitled an Act to fix the time for the election of mayor and aldermen of the town of Eastman, in the county of Dodge, to prescribe the qualifications for voters, and to require all voters to register, and for other purposes, approved September 15, 1881, be, and the same is, hereby amended by striking therefrom the word town in the second line of the title of said Act, also the word town in the third and seventh lines of section one, in the third and fourth lines of section two, and in the ninth line of section three, of said Act, and inserting in the place thereof the word city, so that said Act when amended will refer and apply to the city of Eastman instead of the town of Eastman. Town stricken, city inserted. SEC. 5. Be it further enacted, That an Act amendatory of said original Act, and entitled an Act to amend an Act to incorporate the town of Eastman, in the county of Dodge, to define the limits of the same, etc., approved September 17, 1879, be, and the same is, hereby amended by striking therefrom the word town in the first line of the title, and in the fourth line of section one of said Act, and inserting in lieu thereof the word city, so that said Act when amended shall apply to the city of Eastman [Illegible Text] of the town of Eastman. Town stricken, city inserted. SEC. 6. Be it further enacted, That an Act amendatory of

Page 817

said original Act and entitled an Act to amend the charter of the town of Eastman, approved August 29, 1885, be, and the same is, hereby amended by striking therefrom the word town in the title, and in the fourth and seventh lines of section one, and inserting in the place thereof the word city of Eastman. SEC. 7. Be it further enacted by the authority aforesaid, That an Act amendatory of said original Act and entitled an Act to amend section 10 of an Act entitled `an Act to incorporate the town of Eastman,' etc., approved December 15, 1871, providing that the county of Dodge shall pay jail fees in State cases, approved September 12, 1889, be, and the same is, hereby amended by striking from the title of said Act the word town in the second line, and inserting in lieu thereof the word city, so that said Act when amended shall apply to the city of Eastman. Town stricken, city inserted. SEC. 8. Be it further enacted, That an Act amendatory of said original Act and entitled an Act to extend the corporate limits of Eastman, in the county of Dodge, and for other purposes, approved September 12, 1889, be, and the same is, hereby amended by striking out from the second line in section one the word town, and inserting in the place thereof the word city, so that said Act, when amended, shall apply to the city of Eastman, in the county of Dodge. Town stricken, city inserted. SEC. 9. Be it further enacted, That an Act amendatory of said original Act, and entitled an Act to amend an Act entitled `an Act to incorporate the town of Eastman,' etc., approved December 15, 1871, by amending section 16 thereof, so as to allow the mayor and council of the town of Eastman to levy and collect a tax upon any business, trade, calling or vocation carried on within the limits of said town, and for other purposes, approved December 15, 1894, be, and the same is, hereby amended by striking out the word town in the first, fifth and seventh lines of the title, and in the third, tenth, twelfth, nineteenth and twentythird lines of section one of said Act, and inserting in the place thereof the word city, so that said Act when amended shall refer and apply to the city of Eastman, in the county of Dodge, instead of the town of Eastman. Town stricken, city inserted. SEC. 10. Be it further enacted, That it is the purpose of this Act to incorporate the city of Eastman, in the county of Dodge, in the place and in stead of the town of Eastman, and to embrace all the territory now included in the limits of said town; and all the rights, powers, privileges and immunities of every kind and character now confered upon said town and its authorities, by said original Act, approved December 15, 1871, and the said several

Page 818

Acts amendatory thereof, are hereby conferred upon the said city of Eastman. Town stricken city inserted. SEC. 11. Be it further enacted, That the said officers of the town of Eastman now in commission shall be, and are, hereby made the officers of the city of Eastman for the terms for which they have been elected, and all ordinances, rules and regulations now in force for the government of the town of Eastman shall apply to and are hereby made of equal force for the government of the city of Eastman. Town stricken, city inserted. SEC. 12. Be it further enacted, That all the title and interest in and to all property, both real and personal, now vested in the mayor and council of the town of Eastman shall be, and are, hereby vested in the city of Eastman, whose legal authorities are hereby authorized to hold, enjoy, control and dispose of the same as completely as the authorities of the town of Eastman could have done. Town stricken, city inserted. SEC. 13. Be it further enacted, That all outstanding contracts and obligations of every kind and character entered into by the town of Eastman, whether the same be for payment or collection of money or otherwise, and whether the same were made by agreement or imposed by law, shall be assumed by, and are, hereby imposed upon the city of Eastman, and the city of Eastman is hereby authorized to collect all money owing to, or taxes levied by the town of Eastman; and all persons having claims or demands against the town of Eastman of whatever character at the time of the passage of this Act, shall have the same right to enforce the same against the said city of Eastman, which they might have had against the mayor and council of the town of Eastman. Town stricken, city inserted. SEC. 14. Be it further enacted, That all the duties, powers and obligations imposed and conferred upon the mayor and council of the town of Eastman under and by virtue of an Act of the Legislature to establish a system of public schools for the town of Eastman, approved December 15, 1894, shall be, and are, hereby imposed and conferred upon the mayor and council of the city of Eastman, who shall observe and carry out the terms of said Act in the same manner as if the said Act referred specially to them. Town stricken, city inserted. 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 19, 1905.

Page 819

EAST POINT, CORPORATE LIMITS EXTENDED. No. 626. An Act to amend the charter of the town of East Point, in Fulton county, so as to extend the incorporate limits of same, and to give said town police and sanitary authority for an additional half mile on all sides beyond the incorporate limits as hereby extended, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the incorporate limits of said town are hereby extended so as to embrace the following territory, to wit: Beginning at the northwest corner of the present incorporate limits of said town, and running thence north along the east line of land lot 166, one-eighth () of a mile; thence west one-fourth () mile; thence south to the original south line of said land lot 166; thence east along said line 660 feet to northeast corner of the Conley property; thence south 1,442 feet; thence east along the Conley line to the present incorporate limits of said town; thence south along the west line of the present incorporate limits of said town to the north line of land lot 164; thence west along said line to the northwest corner of the Kicklighter property; thence south 2,970 feet to the original south line of said land lot 164; thence west 752 feet to a point one-fourth mile west of the present incorporate limits of said town; thence south, parallel with the present west line of the incorporate limits of said town, to a point in the middle of Vista avenue; thence east along the center of Vista avenue to a point on the east line of the right of way of the Atlanta and West Point railroad; thence north along the east line of the Atlanta and West Point railroad to the present south line of the incorporate limits of said town; thence east along the present south line of the incorporate limits of said town and beyond the present southeast corner of said incorporate limits, following a straight line, to the east line of original land lot 131; thence north along the east lines of original land lots 131, 132, 133 and 134 to a point directly east of and in line with the present north line of the incorporate limits of said town; and thence west to and along the present north line of the incorporate limits of said town to the point of beginning. East Point; corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That

Page 820

all rights, powers, privileges, immunities and authorities what-soever vested in, possessed and enjoyed by said town under its present charter, be, and they are, hereby extended so as to embrace and cover the territory embraced in the incorporate limits of said town as hereby amended. Corporate rights and powers extended. SEC. 3. Be it further enacted by the authority aforesaid. That the jurisdiction of said town for police and sanitary purposes, and the arrest of all offenders escaping beyond the incorporate limits of said town, shall extend one-half () mile beyond said limits on every side, as hereby amended. Jurisdictional limits. 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 22, 1905. EAST ROME, CHARTER AMENDED. No. 610. An Act to amend an Act entitled an Act to incorporate the town of East Rome, approved September 24, 1883. Be it enacted by the Senate and House of Representatives of the State of Georgia in general assembly met, and it is hereby enacted by the authority of the same, That from and after passage of this Act the charter of East Rome be amended as follows: By striking from said Act, approved September 24, 1883, the fourth section and inserting in lieu thereof these words: Section 4. Be it further enacted, That the next general election for mayor and council of East Rome shall be held on the first Thursday in December, 1905, and annually thereafter on said day. At the next election a mayor and two councilmen shall be elected whose tenure of office shall be for two years, beginning on the first Monday in January, 1906, and continuing in office until their successors are duly elected, qualified and inducted into office. No person shall be eligible by reelection to the office of mayor or councilman, who as mayor or as councilman has served two successive terms, immediately preceding any general or regular annual election for mayor and councilman of East Rome. Said election shall be held in the town hall, the polls shall open at seven o'clock, a.m., and close at six o'clock, p.m. By striking section seven from said Act and inserting in lieu thereof these

Page 821

words: Section 7. Be it further enacted, That on the first Monday in January in each year, or as early afterward as practicable, the mayor and council shall elect for a term of one year and until their successors shall be elected, qualify and are inducted into office, a clerk, treasurer, marshal (deputy-marshal when in their discretion it is necessary to do so), a mayor pro tempore from their body, who shall preside and act in the mayor's place and stead when such mayor is sick, absent or inaccessible; defining their duties, prescribing their compensation, regulating, fixing and changing from time such compensation as may be given to such officers, servants and employees under the charter and amendments to same. Said mayor and councilman whilst in office shall not in any manner receive any compensation for their services. By adding at the end of section seventeen of said Act these words: Said executions shall be directed to the marshal and deputy-marshal of said town; shall in form and substance conform to the usual style of municipal executions or fi. fas. The levy may be advertised in any local newspaper for the same period of time as sheriff's sales are now advertised. The printer's fees shall be one-half the sum now allowed by law for sheriff's legal advertisements; the sale shall be on sheriff's sales day, governed by the same hours, before the town hall, which is the courthouse door in East Rome. Property thus sold for taxes may be redeemed on same terms, in like manner, and in same time, as is now allowed by law for redemption of like property sold for taxes by the sheriff of said county. By striking section twenty-nine from said Act, and inserting in lieu thereof these words: Sec. 29. Be it further enacted, That said municipal government shall provide books for the registration of voters, which shall be open daily from eight-thirty a.m. until six-thirty p. m., and at all times (Sundays, holidays and election days only excepted). Every person qualified to vote may have his name, age, occupation and place of business written therein. The book shall be in charge of the clerk, who may be assisted by the marshal or deputy marshal. Qualified voters must write their name; those who can not do so, may have the clerk, marshal, deputy marshal or any other person present, register their names in writing in said book, if they are duly qualified under this charter, amendments thereto and the general laws of said State. Said registration books shall remain open until five days immediately preceding each regular annual election; after which day they shall stand closed until the day next after said election. Voters previously registered shall be advertised once a week for two weeks preceding each annual

Page 822

election, in any local newspaper and until the election; for such publication a printer's fee of one dollar only shall be paid. By striking section thirty from said Act, and inserting in lieu thereof these words: Sec. 30. Be it further enacted, That voters must have resided in said State one year, in said county six months and in East Rome thirty days immediately preceding the election at which they offer to vote; must have paid all taxes due said State and county, all taxes, assessments, license fees, fines, costs or other charges due East Rome, and not having voted in any other State in said preceding year. By adding section thirty-two. Sec. 32. Be it further enacted, That all persons indebted to East Rome for water rent and their property shall be subject to execution for water tax at any time, in the discretion of the mayor and council. A lien is hereby created against the real property occupied by each deliquent water consumer to the extent of all arrearages for water rent due Eas Rome, whether the premises so occupied are held by the occupant as a tenant or as owner in fee simple; if such occupant be tenant only, a lien is hereby set up and established against the personal property of such tenant on the premises for said water tax. By adding section thirty-three. Sec. 33. Be it further enacted. That the mayor be invested with, and at his pleasure, as matter of right, may exercise the power of disproving any measure passed or action had, or taken, by the council, giving his reasons for dissenting from such official action, if he sees fit to do so. A two thirds vote of the council at a regular meeting, subsequent to such disapproval, is essential to override such dissent. Which vote shall be entered on the minutes of said body. By adding section thirty-four. Sec. 34. Be it further enacted, That the municipal government may in its discretion, enforce compulsory vaccination, provide, establish and maintain a pesthouse, for the isolation, control and suppression of diseases likely to become epidemic; to arrest the spread and stamp out smallpox or other contagious diseases. To this end said municipal government may purchase all needful supplies, hire nurses, employ guards and do all acts necessary to protect the health and well-being of the community. By adding section thirty-five. Sec. 35. e it further enacted, That said municipal government may, in its discretion, at its pleasure and will, create the office of corporation physicia, fill it by electing a fit and competent physician, fixing his tenure of office, defining his duties and prescribing his compesation; whose term shall continue until his successor is duly elected, qualifies and exercises the office. By adding section thirty-six. Sec. 36. Be it further enacted, That

Page 823

said municipal government may, in its discretion, at its pleasure and will, create the office of corporation council, fill the same by electing to it a capable and skillful lawyer, declaring his term of office, defining his duties and prescribing his compensation, who shall exercise the duties of said office until his successor is duly elected, qualifies and enters on the discharge of such duties as corporation counsel. East Rome; Elections of mayor and councilmen. Clerk, treasurer, marshal and mayor pro tem Sales under municipal executions Registration of voters. Qualified voters. Water tax. Mayor's veto. Public health. Physician. Attorney. Approved August 23, 1905. EDGEWOOD, CHARTER AMENDED. No. 310. An Act to so amend the fourth section of an Act approved July 20th, 1904, amending the charter of the town of Edgewood, as to strike out the provision in said section requiring the members of the board of education of said town to be freeholders, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section four of an Act approved July 20, 1904, amending the charter of the town of Edgewood, be amended by striking out the word freeholders, in the 11th line of said section, so that said section, when amended, shall read as follows: Sec. 4. Be it further enacted, That said Act be further amended by striking therefrom the whole of section 16 and inserting in lieu thereof the following: Be it further enacted, That the mayor and aldermen of said town shall have authority to call an election, after thirty days' notice thereof, published in some newspaper in DeKalb county, to submit to the qualified voters of said town the question of the establishment of a public school system for said town. Should the necessary legal majority of the qualified voters of said town be cast in favor of the establishment of such a public school system, the mayor and aldermen shall then have the power and authority to elect five residents of said town, who, with the mayor and chairman of the school committee, shall constitute the board of education of said town, the mayor and said chairman of committee being ex officio members of such board of education, and having all the rights and powers of voting as the other members of board from the board of aldermen. The terms of office of the members of the board of education so elected shall be determined by the mayor and aldermen.

Page 824

Said board of education shall have full and complete control of the public school system of said town, and shall have power and authority to elect teachers, to make and enforce rules for the government of said schools, and to do whatever else is lawful and necessary for the successful maintenance of a public school system for said town. The mayor and aldermen shall also have authority to call an election, after 30 days' notice thereof has been given in some newspaper published in DeKalb county, to submit to the qualified voters of said town the question of the issuance of municipal bonds of the par value of $12,500, for the purpose of purchasing lands, and upon same erecting, furnishing and equipping school buildings. Should the necessary legal majority of the qualified voters of said town be cast in favor of the issuance of said bonds, the proceeds of the sale thereof, after deducting therefrom all the expenses incident to the publication and issuance of the same, shall be turned over to the board of education, and used by such board of education for the purchase of grounds and for the erection of suitable school buildings for the public school system of said town, and for the furnishing of such buildings with necessary furniture and equipment. Should either the election on the question of the establishment of the public school system or the election on the question of the issuance of bonds result adversely to the proposed public school system or the issuance of bonds, other elections may be called by the mayor and aldermen of said town after six months, and the question resubmitted to the voters of said town. Edgewood Public school system. School bonds. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 14, 1905. ELBERTON, CHARTER AMENDED. No. 269. An Act to amend the charter of Elberton, so as to empower said city to take, purchase, damage and occupy lands, easements, rights of ways, waterways, franchises and other interest or property useful and needful for public purposes lying and being outside the corporate limits of said city, and to empower said city to divert water from non-navigable streams and to provide compensation therefor, and other purposes.

Page 825

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, if said city of Elberton can not by contract procure the land, franchise, easement, right of way, waterway, right to erect telephone and electric wire poles or other rights, interest or property lying and being outside of the corporate limits of said city useful, needful or necessary for public purposes and public improvement in said city, and authorized by law to be taken and damaged, then it shall be lawful for said city of Elberton to take, use, occupy or damage such land, easement, right of way, waterway, franchise or other interest or property useful, needful and necessary for public purposes, upon paying or tendering to the owner thereof just and adequate compensation. Elberton; condemnation of private property. SEC. 2. Be it further enacted by the authority aforesaid, That if said city of Elberton shall desire and determine to divert any water from any spring in the county of Elbert outside of said city, or non-navigable stream in the county of Elbert or bordering on said county of Elbert and outside of said city, and can not by contract procure the right to do so from any property owner below the point at which such water is diverted, or the owner of such spring, then it shall be lawful for said city of Elberton to divert the water of any such spring or stream by paying or tendering to the owner of such spring, or property on such stream below the point at which such water is to be diverted by said city, just and adequate compensation therefor or for the damage thereto. Diversion of water. SEC. 3. Be it further enacted, That if the parties can not agree upon the compensation to be paid, the same shall be assessed and determined as prescribed in chapter 9, articles 1, 2, 3, and 4, of Code of Georgia of 1895, and set forth in sections of said Code from section 4657 to section 4686, inclusive; with all the rights and privileges therein set forth. Compensation. 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 4, 1905.

Page 826

FITZGERALD, CHARTER AMENDED. No. 583. An Act to amend the charter of the city of Fitzgerald, in the county of Irwin, Georgia, so as to authorize and require the city council to provide for the payment of the salary of the judge of the city court of Fitzgerald; to provide for the payment into the treasury of said city of all costs in certain cases in said city court; to regulate the practice in the mayor's court; to create the office of street commissioner in said city of Fitzgerald and to authorize the council to elect such commissioner, and provide for his compensation; to vest in the mayor of the city of Fitzgerald the right to suspend from office or service police officers of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the charter of the city of Fitzgerald as contained in Acts of 1896, page 157 et seq., Acts of 1897, page 212 et seq., Acts of 1898, page 181 et seq., Acts of 1901, page 380 et seq., be, and the same is, hereby amended and supplemented by the following, to wit: That there is hereby created for said city of Fitzgerald the office of street commissioner. Said commissioner shall be elected by the city council in the same manner that other city officers are elected by the city council, and for the term of two years. The compensation of such commissioner shall be fixed by the council, but shall not be increased or diminished during his term of office, and in no event shall the compensation of the commissioner exceed the sum of two dollars per day for services actually rendered. The council shall have the power and authority to define the duties of street commissioner and to remove him from office for cause at any time in the same manner as other officers elected by the council are removed. Fitzgerald; street commissioner. SEC. 2. Be it further enacted by the authority aforesaid, That the city council of the city of Fitzgerald shall have the power and authority, and it is hereby made their duty, to levy a tax or otherwise provide for the payment of the salary of the judge of the city court of Fitzgerald, so long as the territorial limits of said city court of Fitzgerald cover Georgia militia district 1537; as provided in the Act establishing said city court, adopted by the present General Assembly. Salary of judge of City Court.

Page 827

SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the city council to direct the clerk of said city to draw warrants on the city treasury for the payment of the salary of the judge of the city court of Fitzgerald quarterly, as provided in the Act establishing said court for the territory named in section three of this Act. And it shall be the duty of the city clerk to draw such warrant on the city treasury to pay the same as provided in this Act, and in the Act creating said city court. Payment of said salary. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of the city treasurer to receive from the solicitor of said city court of Fitzgerald all moneys paid by such officer arising from judge's and clerk's costs and fees in cases in said city court; and it is hereby made the duty of the treasurer to keep a separate account of said costs and fees paid him by solicitor, and to pay out the same only upon the order of the council, as provided in the charter of the city of Fitzgerald and the Act creating the city court of Fitzgerald. Costs and fees of City Court SEC. 5. Be it further enacted by the authority aforesaid, That in addition to the practice and procedure heretofore provided for the mayor's court of the city of Fitzgerald, from and after the passage and approval of this Act it shall be lawful for the police of said city to bring offenders into the mayor's court as follows: A copy of the charges against defendant may be given him by the police, which charges shall also contain a notice of the time and place where such charges will be heard by the mayor or other presiding officer of the said municipal court of said city of Fitzgerald. It shall be the duty of the officer giving the defendant such copy of charges to take from the defendant a bond or cash deposit by and with the consent of the mayor of Fitzgerald, to secure the appearance of defendant at the time and place specified in the notice. If the defendant appears for hearing as notified, the subsequent proceeding shall be as now provided by the charter and ordinances of said city, except that no written accusation or warrant shall be required. If the defendant fails to appear, it shall be the duty of the court to forfeit the bond or cash deposit made by the defendant, and in addition thereto the court is authorized, in his discretion, to issue attachment against defendant for contempt of court in not appearing to answer the charges as herein provided. Upon the trial of the attachment for contempt, the court may, if the defendant is found guilty, fine the defendant

Page 828

in a sum not to exceed twenty-five dollars ($25.00) and costs, or thirty days on the work gang or in the city jail. Arrest and trial of offenders. SEC. 6. Be it further enacted by the authority aforesaid, That section 68 of the original charter of the city of Fitzgerald, Act 1896, page 174, be, and the same is, hereby amended so that the section, when so amended, will read as follows: In all trials of offenses under the charter and ordinances of said city, if the defendant is found guilty, the court shall render judgment accordingly. It shall be a part of the judgment that the defendant stand committed to jail until such judgment shall be complied with, in no case to exceed 90 days. Trials of offenders. SEC. 7. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the mayor of the city of Fitzgerald shall have full and complete power to suspend from service any or all of the police officers of said city; provided at any time it be clearly proven that any or all of said police officers have become recreant to the high trust committed to them. Police. 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 24, 1905. FORSYTH, CHARTER AMENDED. No. 218. An Act to amend the second section of the Act consolidating and codifying the various Acts incorporating the city of Forsyth, in the county of Monroe, approved December 18, 1902, by striking out the proviso in said section, to wit, provided the sale of no real estate within the limits of said city shall be confirmed until ratified by a majority of the legally qualified voters of said city voting at said election at an election to be held under such rules and regulations as may be prescribed by the mayor and aldermen of said city. 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 from and after the passage of this Act, the second section of the Act consolidating and codifying the various Acts incorporating the city of Forsyth,

Page 829

in the county of Monroe, approved December 18, 1902, be, and the same is, hereby amended by striking out the whole of the proviso in said section, to wit: provided the sale of no real estate within the limits of said city shall be confirmed until ratified by a majority of the legally qualified voters of said city voting at said election at an election to be held under such rules and regulations as may be prescribed by the mayor and aldermen of said city. Forsyth; Sales of real estate. 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, 1905. GARFIELD, TOWN OF, INCORPORATED. No. 634. An Act to incorporate the town of Garfield, in the county of Emanuel; to provide for a mayor and councilmen and for other officers of said town; to prescribe their duties and to provide for the enforcement of all necessary ordinances; provide penalties for the violation of the same; to define the corporate limits of said town; to provide for the issuing of bonds for public improvements, 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 Garfield, in Emanuel county, be, and the same is, hereby incorporated under the name and style of the town of Garfield, by which name it shall sue and be sued, plead and be impleaded, and shall have a perpetual succession and a common seal; shall be capable in law and equity to purchase, have and hold, possess and retain, for public purposes in said town any real estate or personal property of whatever nature or kind within the jurisdictional limits of the said town of Garfield. Garfield town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend in every direction one-half mile from the center of the Bank of Garfield building, in said town. Corporate limits. SEC. 3. Be it further enacted, That D. E. Gay be, and he is, hereby appointed mayor, and J. A. Parrish, W. C. Tuker, T. A. Chapman, Walter Brown and E. A. Chance be, and they are, hereby appointed councilmen of said town of Garfield, to hold

Page 830

their offices until the first annual election, as hereinafter provided, and their successors are qualified. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That an election shall be held in said town on the first Wednesday in January, 1906, and annually thereafter for a mayor and five councilmen to serve for one year and until their successors are elected and qualified; said election to be held in said town under the supervision of a justice of the peace and two freeholders resident in said town, or under the supervision of three freeholders, all of whom shall be residents of said town. The polls shall be opened by nine o'clock a. m., and closed by three o'clock p. m., standard time. No one shall be entitled to vote at said election, or any municipal election in said town, unless he is a duly registered voter of said town, said election to be conducted in all respects as elections for members of the General Assembly in said State, except as hereinafter provided. Election of successors. SEC. 5. Be it further enacted, That the clerk of said town shall be the registrar of said town, and shall open his books of registration at least 30 days before each regular or special election for the registration of qualified voters of said town, which book shall be kept open ten days, when said books shall be closed five days prior to said election. When applying for registration each and every person shall take and subscribe the following oath, which said clerk is hereby authorized to administer: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States; that you have resided in the State of Georgia for the last twelve months, and in the county of Emanuel for the last six months; that you have paid all State and county taxes required of you since the adoption of the Constitution of 1877, and that you have never been convicted of a felony or a larceny; that you have resided within the corporate limits of the town of Garfield for the past three months, and have paid all taxes legally required of you, and have considered this town your home for that length of time, so help you, God. Said registrar shall furnish the superintendents of elections with a copy of said list alphabetically arranged before time for opening the polls. Registration of voters. SEC. 6. Be it further enacted, That no one shall be eligible to the office of mayor or councilmen who is not qualified to vote at said election; 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 lists of voters with the ballots under seal to the town clerk. The person so elected

Page 831

must within ten days from their election take an oath before the outgoing mayor or any officer authorized to administer an oath, faithfully to discharge the duties of mayor or councilman, as the case may be. Eligibility; election returns, etc. SEC. 7. Be it further enacted, That in case of a vacancy in the office of mayor, the councilmen shall elect one of their number for the unexpired term, and in case of a vacancy in the board of councilmen, the remaining members shall elect a citizen of said town to fill such vacancy for the unexpired term. Vacancies. SEC. 8. Be it further enacted, That said mayor and councilmen shall have power at any regular meeting to elect a clerk, treasurer, marshal or policeman, and such officers as they may deem necessary; to regulate the time, mode and manner of electing said officers, to fix their fees and salaries, take their bonds and prescribe their powers and duties. Officers. SEC. 9. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem., who shall be elected by the councilmen from among their own number, shall be the chief executive officer of said town; he shall see that the ordinances, by-laws, rules and orders of the council are faithfully carried out; he shall have control of the police of the town, and may appoint special police or marshals whenever he may deem it necessary, and it shall be his duty to see that peace and good order are preserved, and persons and property therein are protected, and to this end he may cause the arrest and detention of all rioters and disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guardhouse of said town, or by work on the streets of said town, not to exceed thirty days; he shall be ex officio a justice of the peace, and shall have full power and authority to issue warrants for the arrest of any person charged with the commission of an offense against the laws of the State within the limits of said town, hear testimony as to their guilt or innocence, to fine, commit to the jail of said county, or require bond with good and sufficient security (if the offense is a bailable one) for the appearance of the accused before any court authorized by law to try and determine the same. Mayor, duties and powers of SEC. 10. Be it further enacted, That for the purpose of raising revenue for defraying the ordinary current expenses incident to the proper support and maintenance of the government of said town, said mayor and councilmen shall have full power and authority to levy and collect an ad valorem tax upon all property,

Page 832

both real and personal, in the corporate limits of said town, not to exceed one per cent. per annum, except as provided by the laws and Constitution of Georgia. Ad valorem tax SEC. 11. Be it further enacted, That said town council shall have power to provide for the levying and collection of a business, trade or occupation tax, except such as are exempt by law, carried on within the town limits or on such persons as live without the limits of said town but who engage in or attempt to engage in any business trade or occupation not exempt by law, within the limits of said town, as said town council may deem expedient for the safety, benefit, convenience and advantage of said town. This tax shall be in the nature of a license, which must be paid in advance of engaging in such trade, business or occupation, and said town council shall provide by ordinance for the punishment of all persons required by ordinance to pay such special tax or take out license for same. 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 councilmen shall prescribe. Business tax. Street work or tax. SEC. 12. Be it further enacted, That said corporation shall have and enjoy all the rights, powers and privileges incident to such corporation and not repugnant to the Constitution and laws of the United States and of this State, especially Title Seven, Code of 1895, and not inconsistent with this Act. Powers of corporation. SEC. 13. Be it further enacted, That the mayor and council of the town of Garfield are hereby authorized for the purpose of erecting and maintaining electric light systems, waterworks, or school systems or other improvement necessary for the public good of said town to issue the bonds of said town under its corporate name in all, not to exceed the amount of twenty-five thousand dollars; that said bonds shall be of such a denomination as the mayor and council may determine; said bonds shall bear a rate of interest not exceeding six per cent. per annum, payable annually upon interest coupons. Said bonds shall be executed by the official signature of the mayor and treasurer of the said town of Garfield, and by having affixed the corporate seal of the said town. The coupons shall be signed by the treasurer of said town, and each coupon shall indicate the bond to which it belongs. The said treasurer shall keep a record of the number and denominations of all the bonds issued, and shall cause each of said bonds to be countersigned by the mayor of said town before the name is negotiated. Municipal bonds.

Page 833

SEC. 14. Be it further enacted, That to pay the interest which shall accrue on said bonds issued under the provisions of this Act, and to provide for a sinking fund, the mayor and council of the town of Garfield shall levy and collect during the full term of said bonds a tax not exceeding three-fourths of one per centum annually upon all the property, real and personal, within the corporate limits of said town, which said tax shall be separately levied and separately collected, for the special purpose designated, and shall be used or appropriated to no other purpose whatever; nor shall the said bonds be taxable, directly or indirectly, by the said town of Garfield. Sinking fund. 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 23, 1905. GLENNVILLE, CITY OF, INCORPORATED. No. 264. An Act to abolish the charter of the town of Glennville, in the county of Tattnall; to incorporate the City of Glennville, in the county of Tattnall, and to prescribe its limits; to provide for a mayor and councilmen and the officers of said city, and prescribe their powers and duties, and the manner of their election; to declare and define the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide that all legal, valid contracts heretofore entered into by the corporate authorities of the town of Glennville shall be good and valid for and against the City of Glennville, and that all property now owned and held by the town of Glennville shall be and become the right and property of the city of Glennville, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the present charter of the town of Glennville, in the county of Tattnal, and State of Georgia, be, and the same is, hereby abolished. Glennville, town of, charter repealed. Sec. 2. Be it further enacted by the authority aforesaid, That the inhabitants of the territory hereinafter designated and defined are hereby corporated under the name and style of the City of Glennville, and made a body corporate and politic with perpetual

Page 834

succession, may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State, shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain, for corporate purposes, all property, both real and personal, within or without the jurisdictional limits of said city of Glennville, and may sell or otherwise dispose of the same for the benefit of said city, as the mayor and council may deem proper. Said mayor and council shall have power and authority to pass all ordinances, by-laws, resolutions, regulations, not in conflict with the Constitution and laws of this State or of the United States, or of this charter, that they may deem best and proper for the general welfare of said city and the inhabitants thereof. Glennville, city of, incorporated. Sec. 3. Be it further enacted, That the corporate limits of said city shall be as follows: Beginning at the Masonic Building and extending one (1) mile from said Masonic Building in every direction, making a complete circle. Corporate limits. Sec. 4. Be it further enacted, That the municipal government of the city of Glennville shall be vested in a mayor and five councilmen, who shall be elected in the manner hereinafter set out, and who shall compose the city council of Glennville. Mayor and councilmen. Sec. 5. Be it further enacted, That the present officers of the town of Glennville, to wit: Josiah Kennedy, mayor; H. L. Tillman, Dr. G. W. Tootle, Dr. W. H. Mann, D. M. Kennedy, O. W. DeLoache, councilmen, be and they are hereby declared and appointed lawful officers of the city of Glennville, under this charter until the second Wednesday in December, 1905, and until their successors are elected and qualified, as provided in this charter. Mayor and councilmen appointed. Sec. 6. Be it further enacted, That an election shall be held at the city hall in the city of Glennville, on the second Wednesday in December, 1905, and annually thereafter, for mayor and five councilmen, who shall serve for one year from the date of their installation, and until their successors are elected and qualified. Election of successors Sec. 7. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of the city of Glennville, shall be superintended and managed by a justice of the peace and two freeholders who are citizens of the city and own real estate therein, or by three freeholders, all of whom shall be citizens of said city and own real estate therein. If it be impossible to obtain a justice of the peace to preside at said election, each of said managers before entering on his duties shall take and subscribe before some officer of Tattnall county qualified by law to administer oaths, or before each other in the absence of such officer, the following

Page 835

oath: We, and each of us, do solemnly swear that we will faithfully and impartially conduct this election, and prevent all illegal voting to the best of our skill and power, so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally-sheets. All elections shall be held at the council chamber, or some other place previously provided for by the mayor and council, and the voting shall be by ballot. Said managers shall be appointed by the mayor then in office, or in his absence by the mayor pro tem., then in office, at least two days before election, and notice thereof given to the person appointed, and if any one or more of said managers so appointed fail to appear and serve at the time for opening the polls on the day of election, the vacancy may be filled instanter, and the necessary number of managers appointed by the mayor then in office, or by the mayor pro tem., in the absence of the mayor, or in the absence of both, by any councilman then in office. The said managers of said election shall receive such compensation as may be fixed by the city council, not to exceed two dollars per day each, to be paid out of any funds in the city treasury. Elections how held. Sec. 8. Be it further enacted, That the polls at the election held in and for the said city shall open from eight o'clock a.m. to four o'clock p. m., when they shall be closed, and the managers of said elections shall proceed to count the ballots and consolidate the returns of said election and certify the same. They shall keep two lists of voters and two tally-sheets, and shall make certificate of the results on each tally-sheet, and shall place one of said lists of voters and one of said tally-sheets, together with the ballots, in an envelope or box, and seal the same and deposit the same with the clerk of the superior court of Tattnall county. The other list of voters and tally-sheet shall be filed with the clerk of the city council by the managers of the elections for delivery to said city council, who shall meet within three days after the election is held, and inspect the returns and declare the result of the election, which declaration of the result of said election they shall cause to be entered on record on their book of minutes. The clerk of the superior court and the clerk of the city council, after the expiration of thirty days' time from the time of the election, shall destroy said ballots and lists of voters without inspection, provided, no notice of contest be filed or pending, in which case they shall preserve same until said contest be finally determined. Results, how ascertained and certified. Sec. 9. Be it further enacted, That all persons who have paid all taxes legally imposed and demanded of them by the city authorities, except taxes for the year in which the election is held, and who have been bona fide residents of said city for at least ninety

Page 836

days previous to the time when the election is held, and who are qualified to vote in the county of Tattnall for members of the General Assembly of Georgia, shall be considered electors and be entitled to vote in said city election. Voters. Sec. 10. Be it further enacted, That if any person shall vote in the city elections in said city who is not legally entitled to vote under the laws of said city, he shall be guilty of a misdemeanor and shall be punished as prescribed by law after an indictment or presentment by the grand jury of Tattnall county has been preferred against him, and he be convicted. Illegal voting. Sec. 11. Be it further enacted, That no person shall be eligible to the office of mayor, or of councilman of said city, unless he be a citizen of said city, and of the age of twenty-one (21) years, and has resided in said city one year prior to said election, and shall have paid all taxes required of him by the laws of said city and of the State. Eligibility Sec. 12. Be it further enacted, That the term of office of mayor and councilmen of the city of Glennville shall be one year from the first Wednesday in January after their election and until their successors are elected and qualified. On the first Wednesday in January of the year after their election, the mayor and councilmenelect shall meet in the city hall or council chamber and there severally take before some officer of this State authorized to administer oaths the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the city of Glennville for the ensuing term and faithfully enforce the charter and ordinances of said city to the best of my skill and knowledge without fear or favor, so help me God. Should any councilman or the mayor-elect be absent from said meeting he shall take the oath of office as soon as possible thereafter. Official terms and oath of mayor and councilmen. Sec. 13. Be it further enacted, That should any contest arise over the result of any election for mayor and councilmen of said city, it shall be conducted as follows: The contestant or contestants, shall within ten days from date of the election by petition to the superior court of Tattnall county, plainly and distinctly set out his or their grounds of contest, and the names of the persons whose election is contested, and file said petition in the office of the clerk of the superior court of Tattnall county. Immediately upon the filing of said petition with the clerk he shall transmit a copy thereof to the judge of the superior court of Tattnall county, and shall furnish the contestees, as set out herein, each a copy of the petition. Upon receipt of a copy of said petition the judge shall fix a time and place of hearing and indorse the same on said copy;

Page 837

provided, that the time of hearing shall not be more than sixty nor less than thirty days from the date of his order, and may be at the session of the superior court of said county, or in vacation, as the judge determines. All parties shall receive from the clerk of the court ten days' notice of the time and place of hearing, and at the time and place the judge shall proceed to hear and determine said contest and all issues of law or fact submitted therein, and tender final judgment therein, with the right of either party thereto to except to the judgment of the judge. The cost accrued in the hearing shall be charged to the losing party, and execution may issue to enforce its payment. Contested elections. Sec. 14. Be it further enacted, That during the pendency of said contest the persons who have been declared elected, as hereinbefore provided, by the city council shall exercise the duties of their respective offices. Persons declared elected hold office during contest. Sec. 15. Be it further enacted, That in case of a vacancy in the office of mayor, caused by death, resignation, failure to elect, removal from city, or otherwise, said vacancy shall be filled by the city council of said city, who shall proceed at once to elect a mayor for the unexpired term, it being declared lawful and competent for said city council to elect one of its own members, should they see fit; and in case of a vacancy in the office of councilman, caused by death, resignation, removal from the city failure to elect, elevation to the mayoralty, or otherwise, the vacancy shall be filled by the remaining members of the city council, who shall proceed at once to elect a councilman for the unexpired term. Said mayor or councilman thus elected shall, before entering upon the duties of their respective office, take the oath of office heretofore prescribed. Vacancies. Sec. 16. Be it further enacted, That should the mayor or any councilman fail or refuse to perform the duties of his office for two consecutive months, or be guilty of any misconduct in the performance or non-performance of his official duties, the office or offices may, in the discretion of the remaining members of the city council, be declared vacant and the vacancies filled as provided in section thirteen of this Act; provided, that this power to declare said office vacant shall not be exercised until the party whose office is affected shall have reasonable notice, not less than ten days, of the intention of the city council to investigate his conduct with a view to declaring his office vacant, which notice shall be written and specify the time and place of hearing, and said party affected shall have the right to be present at said hearing, have compulsory process to compel the attendance of such witten

Page 838

as he may wish subpoenaed in his behalf, and to be represented by council. Malpractice. Sec. 17. Be it further enacted, That the city council shall be presided over at its meetings by the mayor, or in his absence by the mayor pro tem., and a majority of the council shall be necessary for the transaction of business. The said council shall cause to be kept in a well-bound book an accurate record of all its proceedings, by-laws, acts, orders, ordinances, and resolutions, which shall be open to the inspection of any one who is required to pay taxes in said city. Said council shall hold monthly, semi-monthly, or weekly meetings, as they may determine, and the mayor, or mayor protem., may call such other additional meetings as the emergencies may require in his judgment. At such meetings of said city council the proceedings of last meeting shall be read and corrected, if erroneous, and signed and approved as correct by the presiding officer for the time being. Upon the call of any member, the yeas and nays on any question shall be taken and recorded on the book of minutes. Presiding officer, records and meetings of council. Sec. 18. Be it further enacted, That the city council shall, the first meeting after their election and qualification, elect one of their members as mayor pro tem., who shall, in the absence of the mayor and in case of his disqualification, be the presiding officer of the city council, and shall be allowed to vote on all questions, and who shall, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor, and all the duties, powers, rights and privileges conferred by this charter upon the mayor, may and shall be exercised by the mayor pro tem. in the absence or disqualification of the mayor, or when the mayor, from sickness or from other reasons, is unable to act. Mayor pro tem. Sec. 19. Be it further enacted, That said city council shall have power to elect one or more policemen, one of whom shall be known as chief of police; also a clerk and treasurer, provided the clerk and treasurer may be the same person, if thought advisable by the mayor and councilmen. They may elect a city attorney, city physician, and such other officers as to them may seem necessary and proper. The terms of office of said officers shall be for one year and until their successors are elected and qualified. The mayor and councilmen, or the mayor pro tem. and councilmen, may appoint such extra policemen as may be necessary, from time to time, and said extra policemen shall receive such compensation as may be fixed by the city council. Each of said officers shall, before entering upon the discharge of their duties, take an oath to faithfully discharge said duties, such oath to be prescribed by the mayor and councilmen; such officers to receive such salary

Page 839

and to make such bond as the mayor and councilmen may prescribe. Any of said officers may be dismissed from office at any time by a majority vote of the city council when it shall satisfactorily appear to the mayor and council that the said officers have been negligent of duty. Other officers and policemen. Sec. 20. Be it further enacted, That the mayor of said city shall be the chief executive of the city of Glennville; he shall [Illegible Text] that all laws, ordinances, resolutions, by-laws, and rules of said city are faithfully and fully enforced and executed, and that all officers of said city shall faithfully perform the duties required of them. That the city council shall have power and authority to enact such ordinances from time to time as they may deem necessary to enforce the provisions of this charter; but no ordinance or other measure shall pass unless it receives the vote of three councilmen, if there be a full board present. In the event a full board of five councilmen, are not present, no ordinance or other measure shall be passed, unless it receive the vote of three councilmen; provided, that in case of a tie, the mayor shall have the right to vote, and any ordinance or other measure in such cases receiving the votes of two councilmen and the mayor shall be passed and held of full force and effect. In no case shall the mayor have the right to vote upon any ordinance or measure except in case of tie, but it shall be his duty to vote in all cases when a tie arises, whether with a full board present or not, and such vote, when cast, shall count as the vote of a councilman in determining whether any ordinance has received the three votes necessary to pass. In the event a councilman shall be disqualified from voting in accordance with the disqualification prescribed by law of this State, or shall refuse to vote, a note of said refusal or disqualification shall be made upon the book of minutes, and the remaining members of the council shall proceed to vote and act as if said councilman was absent. It shall be optional, not compulsory, for said city council to have posted any measure, ordinance or resolution, at such places in the city as they may direct, for the information of the public, or may have the same published in any newspaper of said city, but the failure to so post or publish any ordinance, resolution or measure shall in nowise operate to render same void. Mayor, duties and powers of Sec. 21. Be it further enacted, That the mayor of said city may exercise within the city the powers conferred upon constables and sheriffs to suppress disorder and to keep the peace; he shall have the power, when necessary, to call on every male inhabitant of said city twenty-one years of age and over to aid in enforcing the laws and ordinances of said city or in suppressing riot or disorderly assemblages of any kind; he shall have the right to

Page 840

inspect the books and papers of any employee or officer of said city; he shall, from time to time, and especially at the end of each official year, give the city council information relative to the affairs of the city, and he shall recommend for the consideration of the council such measures as he may deem fit and proper. Powers of mayor. Sec. 22. Be it further enacted, That the mayor, or in his absence or disqualification, the mayor pro tem., or in case of the absence or disqualification of both the mayor and mayor pro tem., any member of the council may hold a court to be called a mayor's court, for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used in evidence, and punish for contempt. The punishment for any violation of a city law, ordinance, rule, or for contempt, shall be a fine not exceeding two hundred dollars, or imprisonment in the guard-house for a term not exceeding three months, or to work on the streets or such other place or places where the offender may be lawfully placed at work, not to exceed three months; one or more or all of these punishments may be imposed in the discretion of the trial court. Any person convicted of any offense before the trial court may enter an appeal from the judgment of said court to the city council; provided, the appeal to be entered instanter and a bond be given for his appearance to abide the judgment of the city council sitting as a court. But if the accused will make oath that he is unable to give bond, he shall nevertheless enter an appeal in forma pauperis and shall be given a speedy trial. The accused shall have the right to be heard by counsel in any trial in the mayor's court. In case an appeal is entered and bond given, the mayor or chief of police shall assess the bond and approve the same. The trial on the appeal shall be heard before the mayor and the entire city council, unless it be impossible to have a full board present; then the trial shall be had before the mayor and three members of the council, and it shall require the votes of not less than three members of the city council to reverse the judgment of the first trial court. If in the trial the judgment of the first trial court is reversed, the offender shall be acquitted; but, if the judgment is affirmed, no further sentence shall be imposed upon the offender, and the original sentence shall be at once enforced, unless suspended by the writ of certiorari from the superior court of Tattnall county, the right to certiorari in accordance with the law being hereby given. The city council shall have the right to establish a city chain-gang in said city, to own and possess a guardhouse and provide for the confinement of offenders therein during

Page 841

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

Page 842

mayor to call his court as early as practicable and give the offender a speedy trial. Appearance bonds. Sec. 26. Be it further enacted, That if any person who has been arrested for violating any law or ordinance of the city of Glennville, and has given bond for his or her appearance before the proper city authorities to answer to the charge preferred, fails to so appear at the time and place fixed in the bond, said bond shall be declared forfeited and rule nisi shall issue directed to the principal and security or securities, requiring them to show cause before the mayor's court at a sitting of said court to be held not less than sixty days from the date of the forfeiture, why the bond should not be absolutely forfeited. Copies of the rule nisi shall be served on the principal and surety or sureties named in the bond at least ten days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person on whom service is perfected, or by publishing the same in any gazette published in the city once a week for four weeks, or if no paper is published in the city, service may be perfected by posting a copy of the rule nisi at the courthouse and three public places in the city thirty days before the sitting of the court. If at such return term no sufficient cause is shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and the surety or sureties on said bond, or such of them as have been served, for the full amount thereof and all the costs, of whatever nature, which execution shall be signed by the clerk and by the mayor of said city. Said execution shall be a lien on the property of the defendant and the sureties in the same manner as executions from the superior court of Tattnall county. Said executions shall be directed to the chief of police of the said city of Glennville, and to all and singular the sheriffs or constables of said State, any one of whom may execute the same. Forfeitures. Sec. 27. Be it further enacted, That said city council shall have the power to control the finances and property of the city, to appropriate money and provide for the payment of debts and expenses of the corporation. To that end, and for the purpose of raising revenues to defray the ordinary current expenses incident to the support and maintenance of the city government, the said city council shall have full power and be authorized to levy and collect an ad valorem tax upon all the property, both real and personal, in the corporate limits of the said city, not to exceed one-half () of one per centum, but when that amount is deemed insufficient said city council shall have authority to levy an additional

Page 843

tax in the mode and manner provided by the Constitution and laws of the State of Georgia. Ad valorem tax. Sec. 28. Be it further enacted, That the city council, in their discretion, shall have power and authority to levy and collect tax upon the gross sales of every merchant or other vender of goods, wares, merchandise, etc., in said city; said tax not to exceed one-half (1-2) of one per cent., and to be in lieu of a business tax. Tax on gross sales Sec. 29. Be it further enacted, That said city council shall have the power and authority to provide for the levying and collecting of a business tax or occupation tax upon any trade, business, profession or occupation, except such as are exempt by law, carried on within the city limits, and upon the inhabitants of said city to engage in or offer or attempt to engage in any profession, trade, business or occupation in said city, and on such persons as live without the limits of said city but who engage in or attempt or offer to engage in any profession, business, trade, or occupation, not exempt by law, within the limits of said city, as said city council may deem expedient for the safety, benefit, convenience and advantage of said city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession or occupation, trade, business, and said city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation or business tax or take out license for same who engage in or offer or attempt to engage in such business, trade, profession or occupation, before paying such tax or taking out such license and complying fully with all the requirements of said city council made in reference thereto. Business tax. Sec. 30. Be it further enacted, That said city council shall have power and authority to regulate and control by ordinance and to license all hotels, boarding-houses, restaurants, saloons for the sale of bottle goods, creams, ices, soft drinks of any kind and nature, livery, sale and feed stables, hacks, drays and other vehicles run for profit, auctioneers, itinerant traders, theaters and theatrical performances, shows and circuses and exhibitions of all kinds where an admission fee is charged; oil mills, iceworks, laundry, waterworks, electric light plants, itinerant lightning rod venders, book agents, peddlers of merchandise of whatever kind, itinerant venders of any kind of goods, wares, merchandise of any kind, offered for sale; every keeper of billiard, pool and bagatelle tables, a tax for each table so kept for public play, keeper of a shooting gallery, or ten-pin alley or any game of chance, upon the keeper of any table, device, stand or play for the performance of any game or play, whether played with sticks or balls, rings or

Page 844

other contrivance, whether for money or other thing of value; upon balloons, flying-jennies, or other like contrivances, skating rinks, life, fire or accident insurance agents, banks and bankers, brokers and commission merchants, beef markets and green grocers, dealers in fish and oysters, contractors and builders, barber shops, junk shops, pawnbrokers, repairers and menders of shoes, and upon all and every establishment, business, trade or occupation not herein mentioned and which, by the laws of the State, are subject to license. Licenses. Sec. 31. Be it further enacted, That said city council shall have power and authority to make out and establish, by ordinance, a fiscal year, in discretion, from which and to which all license shall date. Should any apply for a license for any business in said city, for which a license is required at any time after the fiscal year has begun, said city council shall have authority to require from such person the same amount as required for a license for a full year unless the city council desires to prorate the amount, which in their discretion, may be done; provided, that no change in the fiscal year shall operate to the injury of any person who has paid the amount of license required of him; provided further, that this section of this Act is not compulsory, but only discretionary, and the said city council may issue license and collect the same for any portion of the year. Fiscal year Sec. 32. Be it further enacted, That said city council shall have power to enforce by execution the collection of any debt or claim due or to become due to said city for taxes, license fees, fines and forfeitures, for cleaning and repairing privies and for abating nuisances, for laying sewers and drains, and for any and all levies, assessments, fines, debts and demands due or to become due to said city, said executions to be issued by the clerk of the council and signed by him and bear test in the name of the mayor of the city of Glennville, directed to the chief of police of the city of Glennville, and to all and singular the sheriffs, the deputy-sheriffs and constables of this State, and who are authorized to execute and levy the same upon the property against which it is issued, or on the property of the owner against whom such execution shall issue, and the same to be sold as is provided by the Code of Georgia, 1895, by sections 732, 733, 734, 735, in case of sales for taxes. Executions for dues to municipality. Sec. 33. Be it further enacted, That the said city council shall have power to provide by ordinance when the taxes of said city shall fall due, and tax executions shall issue against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when payable. Sec. 34. Be it further enacted, That the said city council shall

Page 845

have power and authority to contract debts and to issue bonds of said city under and in accordance with the limitations provided in the Constitution and the general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued, may refund existing debts, establish and maintain a system of waterworks, a system of lights, erect public buildings or any improvement, convenience or necessity for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other lawful purpose under the limitations therein stated. Municipal bonds. Sec. 35. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Glennville shall have power and authority to issue bonds of said city not to exceed fifteen thousand dollars in amount under restrictions hereinafter prescribed, for the purpose of establishing additional schools in said city and for the improvements and additions to such as may be already established. Said bonds shall run for a term not exceeding twenty years and said mayor and council may provide for their maturing at any time during twenty years. Said bonds, when issued, shall be sold, and their proceeds turned over to the board of trustees of said schools to be used by said board for the purposes mentioned in this section, and for no other. Before said bonds shall be issued it shall be so recommended by the board of trustees, and the question of their issuance shall be submitted to the legally qualified voters of said city. For this purpose the mayor and council, upon recommendation of the board of trustees, shall order an election, of which at least thirty days shall be given by publication of such notice in whatever paper may be the official organ of Tattnall county. Said election shall be governed by the rules and regulations governing elections for mayor and council of said city, and the qualifications of the electors shall be the same. Each voter shall have printed or written on his ballot the words: For school bonds, or Against school bonds, and if two-thirds of the qualified voters of said city vote for school bonds it shall be the duty of the mayor and council of said city to issue them at once, and the method of ascertaining the number of qualified voters in said city at the time of said election shall be as prescribed by section 380 of the Code of Georgia. At the time said bonds are issued the mayor and council of said city shall provide for the levy and collection of an annual tax, if necessary, in addition to all other taxes now authorized by law, of sufficient amount to pay promptly principal and interest of said debt when the same shall become due, nor shall any part of the fund so raised be used for other purposes. If any school property of said city be sold, the funds arising

Page 846

therefrom shall be reinvested in other property for school purposes or applied to liquidation of said bonds. School bonds. Sec. 36. Be it further enacted, That the mayor and council of said city of Glennville are hereby authorized to levy and collect an annual tax upon all the property, real and personal, in addition to that now authorized by law, not to exceed one per cent. of all taxable property of said city, as shown by the regular tax digest of property prepared for purposes of city taxation, for the purpose of supporting the schools of said city, upon first complying with the following regulations, to wit: Before any school shall be supported at the expense of the city the mayor, upon recommendation of the board of trustees of the schools of said city, shall advertise an election in the official gazette of Tattnall county once a week for four weeks, to be held at the court-house in said city, at which election all persons qualified to vote; said election to be conducted in all particulars as now provided by law for elections in said city. The electors at said election shall indorse on his ballot For tax or Against tax, and if two-thirds of all the qualified voters be For tax, then and in that event said corporate authorities shall levy the tax prescribed in this section for the purpose of the schools of said city. In the event the schools of said city are thus supported, the amount paid to the white schools shall be the pro rata part of the tax paid by the white taxpayers of said city, and the amount paid to the colored schools shall be the pro rata part of said tax paid by the colored taxpayers of said city as shown by the tax digest of the city. School tax Sec. 37. Be it further enacted, That the city council of said city are authorized to purchase real estate in said city of Glennville, and erect thereon a building in which said corporate authorities and the officers of the said city may transact the public business of the city, and in which to keep the records, archives and property of said city, and a building for a city prison or guard-house, and such other buildings as may be necessary or convenient for carrying on the government of said city; that said city council are authorized to levy and collect tax upon all real and personal property within the limits of said city not to exceed two-tenths of one per cent. per annum, with which to pay for said buildings, out of said taxes so levied and collected; provided, that said city council shall not levy and collect said tax until the question is submitted to and approved by two-thirds of the qualified voters of the city of Glennville, voting at an election for this purpose, and held under the same rules, and regulations as other city elections, and of which election notice shall be given by publishing same once a week for four weeks in a newspaper published in said city, then

Page 847

the notice shall be published in the newspaper published in county of Tattnall in which sheriff's advertisements are published. Those favoring the levying of said tax shall vote in said election for levying tax, and those opposed to same against levying tax, and if two-thirds of the qualified voters vote in favor of levying the tax, then the city council shall be empowered to levy and collect said tax for the purposes named. City hall and city prison. Sec. 38. Be it enacted by the authority aforesaid, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets and sidewalks of said city not to exceed fifteen days in each year, at such times as the city council may require, or pay a commutation tax in lieu therof not to exceed five dollars a year, as the city council may determine. Should any one liable to work on the streets and sidewalks of said city under this section fail or refuse to do so, or to pay the commutation tax in lieu of such service, after having received due and timely notice to do so, as the council may require, he shall be punished, and on conviction in the mayor's court, be fined or imprisoned in the city prison, or made to labor on the streets and sidewalks in accordance to such ordinances as may be enacted covering this matter. Street work or commutation tax. Sec. 39. Be it further enacted, That said city council shall have power to impose a tax on all dogs within said city; provided, that the tax shall not exceed one dollar per head on all dogs and this tax may be enforced and collected by execution against the owner of the dog, as other taxes are enforced and collected. When the owner of the dog pays the tax required of him by the council, the council shall issue to him a collar with a metal tag with the words, Tax paid and the year stamped thereon, which the owner of the dog shall be required to keep on the dog. If the tax is not paid within the time prescribed by the council, and notice of the same is given to the owner of the dog, the chief of police or any marshal shall have the right to kill such dog if found running at large on the streets of said city. Tax on dogs. Sec. 40. Be it further enacted, That the city council shall have the power to condemn and appropriate, as hereinafter provided, private property for public use, to lay off and open new streets, alleys, sidewalks, lanes or other ways for the convenience of the public or any citizen of said city; also, to vacate, close, alter, widen, curb, pave and keep in repair and good order all streets, alleys, avenues, sidewalks, etc., and to construct and keep in repair drains, sewers, gutters, to lay off and improve public parks and grounds, to keep all public grounds, streets, lanes, sidewalks, alleys or other ways free from obstructions of any kind; to regulate the width of

Page 848

the streets, sidewalks, crosswalks on the streets; to grade or to change the grade of all streets, sidewalks, alleys, avenues or other ways; to require abutting land owners to curb, pave or improve sidewalks at their own expense under the direction of the city authorities, and upon failure of such landowners to do so, the city authorities may have such work done and collect the cost thereof from the abutting land owners by execution as other taxes are collected. Condemnation o private property. Sec. 41. Be it further enacted, That the city council shall have the right and power to regulate the use of all sidewalks, crosswalks and bridges over or under the same to require the owners or occupants of any premises to keep the sidewalks in front of or along the same free from obstructions of any kind; to regulate and prevent the throwing of ashes, filth, dirt, offal, garbage or any offensive matter, into any street, alley, lane, sidewalk or public place within the city limits, or into any stream of water adjacent to the city, and to prevent any injury to the streets, sidewalks, lanes or avenues, or to any of the public grounds or buildings of the city; also, to regulate or prohibit the use of the streets and public grounds for signs, sign-posts, awnings, telegraph and telephone poles, horse racks and throughs, and the posting of handbills and advertisements and to prohibit the scattering on and over the streets and sidewalks of waste paper, refuse, goods-boxes and the like, and to regulate and provide for curbs, gutters that flow into the streets or on the sidewalks of said city. Streets, etc Sec. 42. Be it further enacted, That in all cases where the authorities of said city see proper to open any new street, or to widen any street, lane or alley, or in any way to change the same, it shall be lawful for them to have said street, lane or alley, or the proposed change in same, surveyed or marked, and before proceeding to open the same they shall give notice in writing to the owner of the land through said street, land or alley is to be opened, widened or changed, twenty days, during which it shall be lawful for such owner, his agent or attorney, in case he can not agree with the authorities as to the amount of damages, to file objections to the opening of said new street, canal or alley, or to the widening or changing the old street, lane or alley, and to make claims for damages which may result to such owner. In case no objection or claim for damages is filed within twenty days it shall be lawful for the city council to proceed at once to open said street, lane or alley, or make such changes in any old one agreeable to the survey made before the commencement of the proceedings; and the owner of the land through which said new street runs or such changes proposed to be made shall be stopped thereafter from claiming

Page 849

any damages by reason of the opening of said new street or changing or widening of the old one. In case objections are filed and damages are claimed it shall be the duty of the mayor of the city to select one disinterested freeholder, resident of the city, and the owner or his agent shall select another, and the two a third, and in case the said owner shall refuse to select an assessor the ordinary of Tattnall county shall appoint one for him on application to him reciting said fact by the mayor of said city, and the three assessors so chosen, after hearing such evidence as may be offered by either party, shall proceed to assess the damages resulting therefrom; provided, either party being dissatisfied with said award shall have a right to appeal from the same to a jury in the superior court of Tattnall county, under the laws governing appeals in other cases. New streets. Sec. 43. Be it further enacted, That the city council shall have power to prescribe the limits within which wooden buildings or structures of any kind shall not be erected, placed or repaired without the permission of said city council; to provide that any and all buildings within said limits, which shall be known as fire limits, which shall have been damaged by fire, decay or otherwise to the extent of fifty per cent. of their value, shall be torn down or removed, and to prescribe the manner of ascertaining such damage and the damage sustained by the owner by reason of being compelled to tear down or remove such building. In case of an offense against such fire regulations, the city council, after giving five days' notice, shall cause any building not fireproof and erected in violation of the ordinances of said city to be removed at the expense of the owner or builder thereof, to be collected by execution as in cases of other executions issued by the city; and the said city council shall have the right to determine what are and what are not fireproof buildings within meaning of said ordinances. Said city council shall have the right and power to prohibit and prevent the construction of dangerous chimneys and fireplaces, hearths, stoves, stovepipes, ovens, boilers, and apparatus used about any building or manufactory, and to cause the same to be removed or placed in safe condition at the expense of the owner when in the opinion of the city council it is necessary to do so in order to insure safety against fire. Fire limits. Sec. 44. Be it further enacted, That the city council of said city shall have full power to take up and impound all vicious, malicious or dangerous animals including chicken-eating hogs, and give to the owner thereof three days' notice to move them out and keep them out of the incorporate limits of said city, and upon the failure of said owner to do so the marshal or chief of police of said

Page 850

city is authorized to sell, kill or dispose of same by the direction of the mayor of said city without compensation to the owner. That the city council of said city shall have full power to prevent horses, mules, cattle, hogs, sheep, goats, dogs and all other animals and fowls from running at large in said city, and to regulate and prohibit the keeping of hogs in said city, and shall have full authority to take up and imprison such animals and fowls, and punish all owners of such animals or fowls who refuse to obey any ordinance passed by said city council to carry this authority into effect. Stock. Sec. 45. Be it further enacted, That said city council shall have power to provide for the erection and maintenance in said city of gasworks, electric light works, and waterworks, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light or waterworks for the purpose of furnishing the said city with lights and with water, and may pay such amounts as purchase or rentals as they may deem proper. Whenever the city council shall contract for water or electric lights for the use of said city, they may, by ordinance if they deem best, limit the rates to individual consumers. The city council shall have power to regulate the operation of such electric light works or waterworks, and impose upon their owners or operators or lessees such duties, obligations, restrictions and liabilities as they may deem just and equitable for the proper protection of the citizens of the city government. Said city council may also pass and enforce such ordinances as becomes necessary for the protection of the owners, operators or lessees of such works. Water and light. Sec. 46. Be it further enacted, That any and all persons owning or holding property of any kind, in any capacity, within the corporate limits of said city on the first day of March each year after the passage of this Act, shall return the same for taxation under oath, at any time from the first of March to the first day of July of each year, to the clerk of said city or other officer authorized to receive the returns for said city. The city council shall cause to be prepared a blank form or schedule for the return of all taxable property with appropriate blanks and lines for property of every description subject to taxation under the laws of the State, and each taxpayer and property owner of said city shall fill out said schedule, entering thereor all the property owned or held in any capacity by said taxpayers of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, bonds, stocks of all kinds, not by law exempt

Page 851

from taxation. The full value of all notes, accounts, mortgages, liens, stocks, bonds, and other investments and securities held by each taxpayer in said city, in his own right or as agent, trustee, guardian, executor or administrator on the first day in March of each year, be returned, whether solvent or insolvent, and with the estimated value of all such notes, accounts, mortgages, bonds and other investments and securities. Printed on each blank shall be the following oath, which the person making the return shall subscribe before the officer to whom returns are made, or before some officer of the State authorized to administer an oath, to wit: I do solemnly swear that the above and foregoing is a true and correct return of all the property, both real and personal, owned or held by me in any capacity whatsoever on the first day of March of the present year subject to taxation in the city of Glennville, including money and notes and accounts, mortgages, bonds, liens, stock and all other investments and securities, so help me God. The clerk of said city shall close the books for receiving tax returns at sunset on the first day of July of each year, and shall deliver the returns to the city council at the next regular meeting, when they shall proceed to make their assessments. Tax returns. Sec. 47. Be it further enacted, That said city council shall have power and authority each year, at their first meeting after the books for receiving tax returns are closed, if in their discretion, they see proper, to appoint three upright and discreet residents of said city, holding no office of said city, to act as tax assessors, whose duty it shall be to value the real estate and personalty in said city for taxation, and to scrutinize carefully each return of property, real or personal, by any taxpayer of said city; and if in their judgment they shall find the property embraced in the return or in any portion of same returned below its true value, they shall assess the value thereof within twenty days after their appointment, and whenever they shall raise the valuation at which the taxpayer has returned his property, they shall give him or her notice in writing of their assessment, then it shall be the taxpayer's privilege, if dissatisfied with the assessment to have the matter submitted to three disinterested persons, residents of the city, one of whom shall be selected by him and one by the assessor and the other by these two so selected, and a majority of these shall fix the assessment which shall be final. Tax assessors. Sec. 48. Be it further enacted, That the city council shall have the power to regulate or prevent the storage of gunpowder, dynamite, or any other explosive substance, resin, turpentine, petroleum, cotton or any other combustible material within the limits of said city; to regulate or prohibit the building of bonfires and

Page 852

the exploding of fireworks, skyrockets and roman candles, firecrackers and other pyrotechnic display within the city limits. Explosives Sec. 49. Be it further enacted, That said city council shall have power to summarily and forcibly remove at any time, and without notice to any one, any and all obstructions of any character from the streets, sidewalks, alleys and avenues of the city. They shall have authority to prevent loiterers, tramps, vagrants, and idle persons and lewd females from walking the streets and sidewalks of the city, and may punish them, in their discretion, by any punishment authorized by this Act; and whenever it shall appear to the mayor by evidence sufficient to excite suspicion that any room, house or building is being used in said city as a residence of lewd women, as a place where spirituous or intoxicating liquors are sold in violation of law, or a place where gambling is being carried on, or other immoral and illegal and disorderly practices are carried on, the mayor may order the police or any marshal of said city to enter said building, house, room, cellar or shack, by force if necessary, and arrest the occupants thereof and bring them before him to be dealt with according to law; that said city council shall have the power to regulate traffic and sales upon the streets, to regulate the speed of trains, cars, locomotives within the limits, to prevent fast driving of horses or other animals through the streets; to suppress rowdy or disorderly houses, gambling dens, houses of ill-fame and prohibit the sale or exhibition of any obscene or immoral publications, prints or illustrations within the city; that the city council shall have power to declare what shall be a nuisance and to abate the same, to provide for the punishment of all persons who may create or permit nuisances to exist, to prevent the establishment of any offensive or unhealthy place of business within the city; to compel the owner of any stable, hog-pen, privy, or any offensive or unhealthy, nauseous house or place to cleanse, abate or remove the same and to regulate the location thereof; prevent the keeping or storage for illegal purposes within the city, any wine, liquor or other spirituous or intoxicating liquors of any kind, and to punish any person for violating any ordinance relating thereto. Police powers. Sec. 50. Be it further enacted, That said city council shall have power to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease; to declare, maintain and enforce quarantine regulations against such disease, and to punish for violating any of the quarantine regulations of said city. They shall have power to build or establish a pest-house outside the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside the city or to condemn such real

Page 853

estate, if it can not be purchased, under the rules heretofore established for the condemnation of property. They shall have power to compel the removal to the pest-house of any person or persons who have smallpox or other contagious diseases, when in their judgment it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, both permanent residents and sojourners, and may provide vaccine points and employ a physician at the expense of the city to vaccinate all persons who are unable to procure it done, and may provide by ordinance such punishment of persons failing to be vaccinated. Quarantine. Sec. 51. Be it further enacted, That the mayor and city council shall have the right to revoke any license at any time, that may be granted by them under the provisions of this charter, whenever it is sufficiently shown to them the person or persons to whom said license was granted is abusing the same, or when it is to the best interest of the city to do so. Licenses revokable Sec. 52. Be it further enacted, That the mayor and council shall have power and authority to grant license to and authorize any person or persons to sell by retail or otherwise, spirituous, malt or intoxicating liquors, beers, or any other fermented liquors or drinks, within the city limits; provided, however, the license fee required shall in no event be less than the sum required by Tattnall county, to wit: five thousand dollars. Sale of liquors. Sec. 53. Be it further enacted, That the city council shall have power and the right to establish a fee-bill for the officers of said city. Said fees may be collected and turned into the treasury of said city, or may be paid to the officers so earning said fees, as the mayor and councilmen shall by ordinance direct. Fees of officers. Sec. 54. Be it further enacted, That it shall be the duty of the clerk of the city council on the first Wednesday in August of each year in which an election is to be held for mayor and councilmen of the said city, to open a book for the registration of the qualified voters of said city, which book the city council shall cause to be purchased. Said book shall be kept in some convenient place to the public, and be kept open from seven o'clock a. m. to six o'clock p, m., each and every day except Sunday and legal holidays until the fourth Wednesday in November, when said books shall be absolutely closed. Said clerk shall give notice to the public when the book is open for registration of voters by publication or by posting in one or more conspicuous places in said city. It shall be the duty of the clerk upon the application in person of every male person, who is qualified to vote for members of the General Assembly, and who has paid all taxes of every character legally imposed and demanded of him by the city, and who, on the day of the election, if then a resident, will have resided in said city

Page 854

for ninety days prior thereto, to register the name of such person, recording on said book, opposite the applicant's name, his age, occupation or business, and the place of his residence. Before registering an applicant the clerk shall administer to him the following oath: You do solemnly swear you are a citizen of the United States, that you have resided in the State of Georgia for twelve months, in the county of Tattnall six months, and in the city of Glennville for ninety days next preceding this registration, or that by the date of the next city election, if still a resident of said city you will have fulfilled these conditions, that it is your intention to remain a resident of the city until the day of election, that you are twenty-one years old; that you have paid all taxes due the city of Glennville and that you have made all returns required of you by the ordinances of said city, so help you God. After said book is closed no person shall be allowed to register unless it be shown that he was prevented from registering by providential hindrances, and if that be shown to the satisfaction of the clerk, he may permit the person then to register. When said book is closed, it shall be the duty of said clerk to make out a list of the voters in alphabetical order, the white voters separate from the colored, and deliver said list to the managers of the election on the day of the election, and when the polls are first opened. Said list must be certified to under the hand of the clerk of the city council of Glennville. Registration of voters. Sec. 55. Be it further enacted, That any person voting at any city election who is not qualified to vote according to the provisions of the charter, shall be guilty of a misdemeanor, and may be indicted therefor before the grand jury of Tattnall county and punished as prescribed by law. Illegal voting. Sec. 56. Be it further enacted, That the salary of all officers of the city of Glennville shall be fixed by the mayor and council at the first regular meeting after their installation and qualification, which salaries shall not be increased or diminished during the term of office of said officer; provided, that the salary of mayor of said city shall in nowise exceed the sum of five hundred dollars, and the salary of the councilman shall not exceed the sum of three hundred dollars, unless by an amendment to this Act. Salaries. Sec. 57. Be it further enacted, That it shall not be lawful for any member of the city council to be interested, either directly or indirectly, in any contract with the city of Glennville having for its object the public improvement of the city, or any part thereof, or the expenditure of its money. Any violation of this section by any member of said council, or the mayor, shall subject him to

Page 855

removal from office, and shall be punished in the courts of competent jurisdiction as for a misdemeanor. Contracts with municipal officers prohibited Sec. 58. Be it further enacted, That said city council shall have power to protect places of divine worship and all other lawful assemblages. They shall have the right to control and exercise supervision of cemeteries, and to that end may acquire, by purchase or gift, lands either within or without the city limits, for the purpose of establishing a place for the burial of the dead. They shall have the right to sell or dispose of lots or sections in said cemetery, lay out and keep up walks, lawns, or roads within the same, and to regulate the method of burial therein, and to do all and everything necessary for the health and safety of the citizens. Churches and cemeteries Sec. 59. Be it further enacted, That to carry into effect the powers conferred upon the said city council by this Act, or in future Acts of the Legislature of this State, and for the preservation of peace, good order, temperance and morality in said city, the city council shall have power to make and pass all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and the laws of this State. General welfare. Sec. 60. Be it further enacted, That all legal contracts heretofore entered into by the town of Glennville or the corporate authorities thereof, shall be good and valid for or against the city of Glennville, to the same extent that they would have been good or valid for or against the town of Glennville had this Act not been passed. All the rights and liabilities of the town of Glennville shall accrue and survive to and against the city of Glennville. All property and the right thereof now held and owned by the town of Glennville shall be and become the right and property of the city of Glennville. Contracts, liabilities and rights of town of Glennville Sec. 61. 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 24, 1905. GOOD HOPE, TOWN OF INCORPORATED. No. 155. An Act to incorporate the town of Good Hope, in the county of Walton, and define its limits; to provide for a mayor and council and other officers of said town, and prescribe their powers and duties: to provide for all matters of municipal concern and cognizance, and for other purposes.

Page 856

SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory embraced within the limits of three-fourths of a mile in every direction from a point in the center of the road in front of the store-house of V. V. Harris, at the place now called New Good Hope, be incorporated under the name and style of the Town of Good Hope, and said town is hereby incorporated. Good Hope, town of, incorporated SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a mayor and four councilmen, who shall have been bona fide citizens resident of said town, for the full term of six months just preceding their election to office. Said municipal government shall be styled the Town of Good Hope, and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold, own, possess, sell and convey for the use of said town, any real or personal property of any kind, or purchase such real and personal property as is necessary for the use of said town. That the said mayor and council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States, which they may deem necessary to the good government of said town, the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violations of such rules, ordinances, by-laws and regulations, and enforce such penalties when they have been fixed. Mayor and councilmen, corporate powers. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council shall be elected by the qualified voters of said town, on any Saturday after the passage of this Act, after notice is given in writing signed by five or more of the citizens within said territory, and posted at three or more public places within said limits, at least ten days before the day named in said election notice as the day for holding such election for mayor and councilmen for said town. All other elections for mayor and councilmen shall be on the first Saturday in each year. The regular terms of office of the mayor and councilmen of said town shall be for one year, or until the election and qualification of their successors, except when a vacancy occurs by death, resignation, or otherwise, when the remaining members shall fill such vacancy of mayor or councilmen by an election held by them for such perpose

Page 857

at any time, to fill the unexpired term of the person or persons causing such vacancy. Elections of mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at some convenient point near the center of said town, and after the same has been selected it shall be known as the voting precinct of the town of Good Hope, subject to be changed by the mayor and council after giving ten days' notice in writing, posted at three or more public places in said town. The managers at all elections held in and for said town shall be three freeholders, all to be residents of said town, or a justice of the peace of the county of Walton and two such freeholders, who before entering upon the discharge of their duties shall take and subscribe to the following oath: All of us do swear that we are qualified to hold an election for the town of Good Hope under its charter; that we will faithfully superintend this day's election and make a just and true return thereof; that we will let no one vote in this election unless we believe he is entitled to vote in the same, nor will we knowingly prohibit any one from voting who is by law entitled to vote. Said affidavit shall be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in Walton county authorized by law to administer oaths, or if no such officer can be conveniently had, said managers may each take and subscribe to said oath in the presence of each other. Elections, how held. SEC. 5. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from 8 o'clock, a.m., till 3 o'clock, p.m., when the polls shall be closed and the managers of the election shall proceed to count the ballots, declare and certify the result thereof. They shall keep a list of all the voters who vote in the election, and a tallysheet showing the number of votes for each person voted for, and when they have counted all the ballots they shall certify said tally-sheet and list of voters on the same, showing that they are correct, and seal them up and deliver them to one of their number to be by him kept sealed, without inspection, for at least 30 days, and at the expiration of said time he shall destroy them, without inspection, unless notice of a contest of said election has been filed. Results, how certified and declared, SEC. 6. Be it further enacted by the authority aforesaid, That all persons residing in the town of Good Hope who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all taxes due by him to said State, county and town, and done all work required of them on the streets of

Page 858

said town, and have resided in said town six months just prior to the day of election, shall be considered electors and entitled to vote in said town elections, and no others shall be allowed to vote therein. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen elected or appointed to fill a vacancy, as the case may be, shall take and subscribe to the oath, in addition to the oath required to be taken by all civil officers of this State: I do solemnly swear that I will well and truly perform the duties of mayor (or councilmen, as the case may be,) of the town of Good Hope, by adopting such measures as in my judgment will most promote the general welfare of the inhabitants of said town and the common interests thereof, so help me God. Oath of mayor and councilmen. SEC. 8. Be it enacted by the authority aforesaid, That the salaries of the mayor and councilmen of said town shall be fixed by them at their first meeting after their election each year, and the same entered on their minutes, and no change shall be made in their salaries during their terms of office; provided, however, the salary of the mayor shall never exceed the sum of fifty dollars per annum. Said mayor and council shall elect their marshals, clerk, treasurer, and such other officers as are in their opinion necessary to carry out the provisions of this charter, fix their compensation, and take such bonds as is necessary and usual in such cases, and prescribe an oath of office to be administered to them before entering on the discharge of their duties. Salaries, Officers. SEC. 9. Be it further enacted by the authority aforesaid, That at the first meeting, each year, of the mayor and council of said town they shall elect one of their number as mayor pro tem., who shall have authority to discharge all the duties of mayor, whenever from sickness, absence, or any cause the mayor is disqualified or can not act. Mayor pro tem. SEC. 10. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town for the trial of all offenders against the laws of said town, to be held by the mayor in the council chamber, or some other convenient place in said town, as often as it is necessary. Said court shall have the right and power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment in the calaboose of said town not exceeding five days, or a fine not exceeding five dollars, either one or both. In the absence of, or disqualification, of the mayor and the mayor pro tem. of said town, any member of said council may preside over said court and exercise the powers of a mayor of said town in the trial of cases. Mayor's court.

Page 859

SEC. 11. Be it further enacted by the authority aforesaid, That the said mayor's court shall have full power and authority upon conviction to sentence any offender against the laws of said town to hard labor on the streets of said town, or any other work in said town for a period not exceeding fifty days, or to impose a fine not to exceed fifty dollars, or to sentence the offender to the town prison for a term not exceeding thirty days; either one, or all, of said penalties may be inflicted on an offender after conviction, in the discretion of the court. Penalties. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to remove all nuisances in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe, by ordinance or resolution. And it shall be their duty to prevent by ordinance and suitable penalties the running at large of stock, horses, mules, cattle, hogs, sheep, goats, or other animals in said town, and provide for the impounding of such animals at the expense of the owners thereof, and for the sale of the same to pay the expenses of such impounding, including feed bills. Nuisances SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have control of the streets, sidewalks, bridges, alleys, cemeteries, and all public property in said town, and they may prohibit any encroachments thereon, or interference therewith, and they shall have power to locate all cemeteries therein. They shall have power to lay off and open new streets and alleys, to widen and straighten any streets and alleys in said town, and for these and other public purposes they may condemn the owner's property in the manner now provided by law for condemning property for public use, the damages to be paid out of the treasury of said town. Streets, etc SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power to pass any ordinances not in conflict with the laws of the State of Georgia, or of the United States, to prohibit the storage, or keeping for any illegal purpose within the corporate limits of said town any wines, beer, malt, alcoholic or intoxicating drinks of any kind, and to punish any person for violating such ordinances. Storage of liquors. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to require every male inhabitant of said town, who has resided in said town 30 days, and is within the ages of from sixteen to fifty years, to work such length of time on the streets of said town as said mayor and

Page 860

council shall direct, not to exceed ten days for any one year. Said persons so subject to work on the streets shall have the right to relieve themselves of such work by paying to said town authorities a commutation tax not to exceed the sum of three dollars per annum, to be fixed by ordinance. Said work to be done and said commutation tax to be paid at such times as the council may prescribe. Any person failing to work when required, and failing to pay such commutation tax, shall be punished in the manner prescribed by ordinance. Street work and commutation tax. SEC. 16. Be it further enacted by the authority aforesaid, That in all cases where any taxes, fines, forfeitures, commutation tax, or license fees, are not promptly paid when due, the mayor of said town, on his own motion, shall issue execution against such delinquent for such sums as are due, and it shall be the duty of the marshal of said town to levy the same on any property of the defendant in such fi. fa., and if it be personal property, advertise the same at three or more public places in said town for ten days, and sell said property at the expiration of said time on the day named in said advertisement, between the hours of 10 o'clock, a.m., and 4 o'clock, p.m., to satisfy said fi. fa. If it be real property so levied on, said marshal shall return the fi. fa. with his entry of levy thereon, to the sheriff of Walton county, that the property may be by said sheriff advertised and sold in the manner that all sheriff's sales are made; provided, however, if a claim or affidavit of illegality be filed to such fi. fa. and levy, the same shall be returned to the superior court of Walton county, in case of real property, ten days before the term of court at which it shall be tried, or if said fi. fa. be levied on personal property such fi. fa. shall be returned in like manner to the city, or county, court of said county for trial, or if there be no city or county court, said fi. fa. shall be returned to the superior court. In either case, the claim of illegality shall be tried as all other cases of like kind. Executions for dues to town. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and council may levy and collect for town purposes a tax not to exceed fifty cents on every $100.00 on all real and personal property in said town subject to be taxed under the laws of the State of Georgia. Said tax to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations, to be found in section 717 and 718, chapter 3, article 1, page 204, of volume 1 of the Code of 1895 of the State of Georgia, said property to be assessed at its value on the 1st day of April of each year; provided, however, the taxpayers shall first have the right to give in their tax under oath during the month

Page 861

of April, and when so given in said assessors may in their discretion decrease or increase said tax returns so as to get at its true tax value. Said mayor and council shall have the right, without reference to said board of assessors, to fix and collect, by execution if necessary, a special tax or license on all kinds of business, callings, profession, or occupations carried on in said town, and to punish by proper ordinance any person failing to pay said tax or license fees before engaging in business. Taxation. SEC. 18. Be it further enacted by the authority aforesaid, That said mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all such meetings the mayor, if present, shall preside, and he may vote on all questions, three votes being necessary in all cases to carry any question, or elect any officer by said body. A less number, in the absence of a quorum, may adjourn a meeting over to a future time. Meetings of council. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, and shall see that all ordinances, rules, regulations and resolutions of the town are faithfully executed. He shall look after the finances of the town, making reports to the council from time to time, showing the receipts and expenditures of all departments, and the status of said town generally. He shall have general jurisdiction of the affairs of the town, not in conflict with the jurisdiction of the mayor and council as a body corporate. He shall have control of the police of said town, and may appoint special policemen whenever in his judgment it is necessary. He shall have the same powers of a justice of the peace, to attest papers and administer oaths in said town, and to issue warrants for offenses against the State laws committed in said town, and hold courts of inquiry and commit offenders to the county jail, in default of bond, in the same manner and under the same rules and regulations of the justices of the peace of said State. Powers and duties of mayor. SEC. 20. Be it further enacted by the authority aforesaid, That the marshal, deputy-marshals, or any policeman lawfully appointed in said town, may arrest without a warrant any person he may see violating any ordinance of said town, or any person reported to him as having violated any ordinance of said town, and carry such offender before the mayor's court for trial, and to this end may summons any citizen or citizens as a posse to assist in such arrests. He shall inform the mayor of the nature of the offense committed by the person, or persons arrested, and the mayor shall enter on his docket such charge with a reasonable

Page 862

specification, and the party or parties so charged shall be required to answer to the same without any further written accusation; provided, however, he or she shall at once be notified of the charge so preferred and be given a reasonable time to prepare for trial. Arrests. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor in his discretion, where the ends of justice seem to require it, may allow the accused in his court to give bond for his appearance to answer any charge at some future day fixed by the court, in a reasonable sum with good security, and if the accused fails to appear at the time fixed in his bond, the mayor shall enter on his docket opposite such case the words, Bond forfeited, and at once issue a rule or order requiring the principal and security in such bond to show cause at a future time why said bond should not be absolutely forfeited and judgment entered against them for the full amount of the bond and costs. A copy of said order shall be served on said principal and security by the town marshal or his deputy, at least ten days before the day fixed for the trial of said case, and if said defendants fail to appear, or do appear and fail to show good and sufficient cause why the accused did not appear to answer the charge against him, judgment shall be entered thereon for the amount of said bond and costs, and fi. fa. issued and collected in the same manner that other fi. fas. are collected in said town; provided, that no bond for violating an ordinance of said town shall be required of more than fifty dollars for one offense. Appearance bonds. Forfeitures. SEC. 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshals of said town to prosecute all offenders against the State laws, when the offense is committed within the corporate limits of said town, and to that end they shall swear out warrants or cause the same to be done, and arrest such offenders and carry them before the mayor of said town, or some other judicial officer, for trial and commitment, and such officer shall hold a court of inquiry and commit or discharge the accused under the same rules that obtain in such cases before a justice of the peace. It shall be the duty of the marshals of said town to keep order in said town, to serve all orders and execute all judgments of the mayor's court, and discharge all other duties imposed on him by the laws, rules, ordinances and regulations of said town. And all orders, processes, writs and fi. fas. shall be directed to the marshals of said town and signed by the mayor thereof. Prosecution of offenders. SEC. 23. Be it further enacted by the authority aforesaid, That

Page 863

the mayor and council of said town shall fix by ordinance the fees to be charged by the officers of said town for services performed by them, not to exceed the fees allowed the sheriffs, clerks, tax-collectors and justices of the peace for similar services, and said officers shall never charge or accept under any circumstances any more fees than is allowed by such ordinance. Fees of officers. SEC. 24. Be it further enacted by the authority aforesaid, That the expenditures of said town government and the compensation of its officers shall be paid out of the town treasury, on the order of the mayor, countersigned by the clerk of council. The treasurer shall keep a book in which he shall enter a true and correct record of all sums of money coming into his hands, with a memorandum showing the source from whence it came, and he shall in like manner make entries on said book of all sums paid out by him, to whom paid, the date of payment, and the nature of the claim paid. He shall also take from the party a receipt for the amount so paid. Said book and receipts to be subject to the inspection of the mayor and council, or any one of them at all times, and to a reasonable inspection by any citizen of said town. Disbursements of municipal funds. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to establish and maintain a chain-gang, for the purpose of working on the streets and elsewhere in said town, such persons as are convicted for violating the ordinances of said town and sentenced to work in said chain-gang. And the mayor and council are empowered to pass all necessary rules and laws for the regulation of the same, not in conflict with the laws of Georgia. Chaingang SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority when they deem it necessary, to appoint three good, intelligent citizens of said town as a sanitary committee, one of whom shall be a member of the town council. That it shall be their duty to visit the different parts of the town at least twice a year, to wit: in the spring and in the fall, and make a report each time as to the sanitary condition of the town, with recommendations as to what is needed to be done. When such report is made in writing by two members of said board, or committee, whether concurred in by the other member, the council shall at once take some action on such report and recommendation, and if there appears no good reason they shall carry out the recommendation of the committee. Sanitation SEC. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 11, 1905.

Page 864

GRAYMONT, TOWN OF, CHARTER REPEALED. No. 621. An Act to abolish the charter of the town of Graymont, in the county of Emanuel, and State of Georgia, incorporated by the superior court of said county on the 22d day of February, 1900, under the Political Code of 1895 of the State of Georgia, and found in the seventh title thereof, being sections 683 to 761, inclusive. 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 charter incorporating the town of Graymont, in the county of Emanuel and State of Georgia, granted by the superior court of said county, on the 22d day of February, 1900, in accordance with the provisions of the Political Code of 1895 of the State of Georgia, and found in the seventh title thereof, being sections 683 to 761, inclusive, be, and the same is, hereby abolished. Graymont, town of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. GRAYMONT, CITY OF, INCORPORATED. No. 620. An Act to incorporate the city of Graymont, in the county of Emanuel and State of Georgia; to define its limits; to provide for a mayor and councilmen and other officers for said city; to prescribe their duties, qualifications and powers; to provide contests of elections; for a registration of its voters and their qualifications; to provide for the enacting of all necessary ordinances and to provide penalties for a violation of the same; to provide for the holding of elections for the issuing of bonds for any and all public improvement or for maintaining of the same, and to provide for the issuing of the same; to provide for acting in conjunction with the municipal authorities of the city of Summit in establishing or maintaining

Page 865

school, electric light, waterworks or sewerage systems, or for the erection of school buildings; to provide a revenue for said city, and to provide for tax-assessors and their powers and duties; to provide for the condemnation of property for the laying out and opening up of streets, alleys, etc.; to regulate the erection of houses and to designate the fire limits of said city; to abate nuisances and to regulate the sanitary condition of said city, and to provide for all other purposes of municipal concern not herein especially mentioned. 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 of Graymont, in the county of Emanuel, and State of Georgia, be, and the same is, hereby incorporated as a city, under the name and style of the City of Graymont. The corporate powers of said city shall be vested in a mayor and five councilmen, who shall be styled the City Council of the City of Graymont, and by that name may sue and be sued, plead and be impleaded, and may exercise all other corporate powers that may be necessary in performing their duties and in properly administering the affairs of said city. Graymont, city of, incorporated SEC. 2. Be it further enacted, That the corporate limits of said city shall be a circle one mile in diameter, the center of which shall be a point one hundred and fifty-eight yards from the Miller and Southwestern railroad depot in said city, and being a point 58 degrees west of south from the center of said railroad depot as now located. Corporate limits. SEC. 3. Be it further enacted, That A. L. Abernathy, mayor of the town of Graymont, shall be, and is, made mayor of the city of Graymont; that D. B. Durden, W. R. Holder, George W. Durden, Jr., F. A. Coleman and Henry Swain, councilmen of the town of Graymont, shall be, and are, hereby made councilmen of the city of Graymont, and that E. L. Smith, recorder of the town of Graymont, shall be, and is, hereby made clerk of council and treasurer of the city of Graymont; and that all of the above named parties shall hold said offices until the first Wednesday in January, 1906, and until their successors are elected and qualified, such officers being subject to impeachment and dismissal from office, and all other pains and penalties as are provided in this Act. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That on the first Wednesday in

Page 866

January, 1906, and annually thereafter, elections for mayor and five councilmen shall be held in and for said city, and the officers thus elected shall hold office for a period of one year and until their successors are elected and qualified. The place for holding said election shall be designated by the city council, and if held at any other place than in the city council chamber notice thereof shall be given by posting two or more notices, one at the door of said city council chamber, and one at any other public place in said city, stating the place where said election will be held, the same to be posted not more than thirty days nor less than five days prior to said election. Said election shall be held by and be under the management and control of one justice of the peace and two freeholders, all residents of said city, or by three resident freeholders selected by the mayor or mayor and councilmen of said city; provided, that if no one be selected the citizens of the city make the selection; provided further, that no one shall be qualified to hold said elections who is himself a candidate for any office in said city, and for which the election is being held. The polls in all elections for said city shall be opened at 9 o'clock, a.m., and shall be closed at 3 o'clock, p.m., standard time, and in all other respects shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of said State, in so far as said rules and regulations are applicable and not in conflict with this Act. Election of successors. SEC. 5. Be it further enacted, That the managers of elections in said city shall take before some officer authorized to administer oaths, or administer to each other the following oath: I, , do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability and understanding, and that I will prevent fraudulent and illegal voting, without fear or favor to any one, so help me God. Oath of election managers. SEC. 6. Be it further enacted, That immediately after the polls are closed said managers shall count or complete counting the ballots cast, and after the same shall have been counted the tally-sheets and list of voters shall be certified in writing by said managers in substantially the following language: We do hereby certify that the foregoing sheets or pages constitute the tally-sheets (or lists of voters, as the case may be,) of an election for , held by us this day of , 190, and that they are an accurate and faithful record of the names and number of voters in said election. This day of , 190. Results of elections, how certified and declared. , Manager. , Manager. , Manager.

Page 867

The tally-sheets and list of voters shall then be sealed up together in an envelope and delivered to the clerk of said city council to be by him filed of record in his office. The ballots shall likewise be sealed up and delivered to said clerk and by him filed of record in his office. Said election managers shall on the day of holding said election file with the clerk of said city council a written report of the result of said election, showing the number of votes cast and for whom. Upon the filing of said report the mayor and council shall on the same day or as soon thereafter as possible declare the result of said election, and such declaration shall be entered of record by the clerk on the minutes of said meeting, and if no notice of contest is filed as is hereinafter provided said newly-elected officers shall at once take the oath of office and enter upon the discharge of their duties, but in case the election of any officer should be contested, or notice of the same filed as by this Act provided, then said officer shall not take his oath of office or enter upon the duties of said office until said contest shall have been determined. At the expiration of thirty days after said election, if no contest be filed, or filed when finally determined or withdrawn or abandoned, the clerk shall burn said ballots, without examining the same. SEC. 7. Be it further enacted, That the term of office of the mayor and council for said city of Graymont shall be for one year or until the first Wednesday in January after their election, and they shall serve until their successors are elected and qualified. No one shall be eligible to the office of mayor of said city who has not resided in the same the twelve months next preceding his election, and who is not at the date of his qualification at least twenty-five years of age; and no one shall be eligible to the office of councilman of said city who is not at the date of election twenty-one years of age, and who has not resided in said city six months next preceding his election. The mayor and each councilman shall before entering upon the discharge of his duties take before some officer authorized by law to administer oaths the following oath: I do solemnly swear that I will well and truly demean myself as mayor (or as councilman, as the case may be,) of the city of Graymont for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor to any one, so help me God. Official terms. Eligibility Oath of mayor and councilmen. SEC. 8. Be it further enacted, That all persons who are qualified to vote for members of the General Assembly of said State, and who shall have paid all taxes legally imposed upon them by the,

Page 868

authority of the State or by the city of Graymont, the same to include not only the usual ad valorem or property tax, but all street tax, or business, or specific tax, and which they have had an opportunity of paying agreeably to law, and who shall have resided in the county of Emanuel twelve months and in the city of Graymont six months next preceding the election at which he proposes to vote, and who have registered as hereinafter provided, and none others shall be qualified to vote in any election held in and for said city of Graymont. Qualified voters. SEC. 9. Be it further enacted, that the registration book hereinafter provided for shall, at the opening of the polls, upon every election held in said city, be placed in the hands of the managers of the election by said city council or said clerk, and no one shall be allowed to vote in said election whose name does not appear on said registration book, without taking the oath provided in section 10 of this Act for parties registering, and in addition thereto taking the following oath, which the election managers are hereby allowed to administer: I do solemnly swear that my name has been legally registered for the election now being held and that I know of no cause why I should not be allowed to vote in said election, and that my name has not been stricken or erased from the registration book by my consent or authority. Registration book. SEC. 10. Be it further enacted, That no person shall be allowed to vote in any election held in and for said city for any purpose or purposes herein provided for who has not been duly registered as hereinafter provided; that it shall be the duty of the clerk of said city council to open and keep open at his office each day except Sundays and legal holidays, and at such hours as the mayor and council may prescribe, a book for the registration of all voters, alphabetically arranged, in which book all qualified voters of said city may register at any time up to the closing of said book, ten days prior to each election. Said book shall be opened at least sixty days before any regular election, and at least thirty days before any special election, and shall show the color, age, occupation, and date of registration of the party so registering. All persons registering shall apply before said city clerk in person, and shall register for himself if able to do so, and if not able have the said clerk to do so for him. Before registering his name or having the clerk to do for him, he shall take the following oath, which may be written or printed at the beginning of said registration book, or at the top of the page on which said registration is had, to wit: I, , do solemnly swear that I am twenty-one years old (or will be on the day of ,

Page 869

190, next); that I have resided in the county of Emanuel during the last twelve months (or will have by the date of the next regular or special election) and in the city of Graymont six months next preceding the next general or special election, or will have so resided on the date of said election; that I am a qualified voter for members of the General Assembly of Georgia, and that I have paid all taxes legally imposed upon me by the authority of the State or by the city of Graymont, the same including not only the usual ad valorem or property tax, but all street tax or business or specific tax, so help me God. Registration of voters. SEC. 11. Be it further enacted, That any person voting illegally at any election held in and for said city of Graymont under the authority of this Act, shall be guilty of a misdemeanor, and be liable to prosecution in any court of this county competent to try misdemeanor cases and having jurisdiction over offenses committed in said city, and upon conviction shall be punished as is prescribed in section 1039 of the Penal Code of Georgia of 1895. Illegal voting. SEC. 12. Be it further enacted, That should any contest arise over the result of any election for mayor or councilman it shall be determined as follows: The contestant shall when the result of said election is declared, and before the oath of office is taken by the party whose election he desires to contest, file with the clerk of said city council a written notice signed by himself or his attorney stating that he will contest said election, stating the name of the party whose election he will contest, and shall file with the clerk of the superior court of said county within five days thereafter his petition to the said court plainly, fully and distinctly seting forth his grounds of complaint or contest, and the same shall be disposed of by said court as other like matters are. Contested elections. SEC. 13. Be it further enacted, That whenever a vacancy from death, removal, resignation or otherwise shall occur in the office of mayor or councilmen, the remaining members shall immediately proceed by election to fill the vacancy, and the officer so elected by the remaining members of the council shall fill the unexpired term of the officer in whose place he was elected, as though he had been voted for in a regular city election. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a term of four months consecutively, the office may, in the discretion of the remaining members of the council, be declared vacant, and the vacancy filled as in case of vacancy caused by death, removal or resignation. Vacancies. SEC. 14. Be it further enacted, That at the first meeting of

Page 870

said city council after the passage of this Act, and at the first meeting of each succeeding new council, or as soon thereafter as convenient, the said city council shall elect from its own body a mayor pro tem. who shall and is hereby empowered to discharge all the duties devolved upon the mayor when he can not act on account of disqualification, absence from the city, sickness or other good and sufficient cause. In case of the inability of the mayor and the mayor pro tem. to discharge their duties the same may be discharged by any member of the council, selected by that body. Mayor pro tem. SEC. 15. Be it further enacted, That at the first meeting after each annual election, or as soon thereafter as convenient, and at any time that a vacancy may occur, said city council shall elect any person whom they see fit to elect, and who is not a member of their own body, to the office of clerk of city council, to the office of treasurer, and to the office of chief marshal. The office of clerk and of treasurer may be filled by one person if in the discretion of the council the same be best. The said council may at all times elect as many assistant marshals as they see fit, or the mayor shall, and is hereby authorized, to fill said positions in case or cases of emergency, said appointments made by him shall only be good until the next regular meeting of the council. Said city council may also employ such legal counsel as they may desire to assist them in the discharge of their duties and in representing said city. Said clerk, treasurer and marshal so elected shall each take an oath to faithfully and impartially discharge the duties of his office to the best of his skill, knowledge and ability without favor or affection to any one, and shall give to the mayor and council of said city a bond in such an amount as may be fixed by said mayor and council, said bond to be approved by said mayor and conditioned for the faithful performance of their duties. When any of said officers are appointed by the mayor he shall administer to them the usual oath, and may require bond if he deems the same to be necessary. Officers. SEC. 16. Be it further enacted, That said clerk, treasurer and marshal shall receive such salary or fees, or salary and fees, as the council may fix and deem just and proper, the same to be fixed on their election to said office, and the marshal's salary being subject to change at any time. The mayor shall receive such salary as the council may fix for his services, and the mayor and council shall enjoy such exemptions as may be provided by the ordinances of said city. Compensation. SEC. 17. Be it further enacted, That the mayor or mayor pro

Page 871

tem. and three councilmen, or four councilmen when necessary to elect one from their number to preside, shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day. The mayor and council may hold monthly or semi-monthly meetings, as they may decide upon, and may adjourn from day to day or to any day they may see fit. The mayor, or acting mayor, may order such call meetings as emergencies in his judgment may require. Quorum and meetings of council. SEC. 18. Be it further enacted, That said city council shall have and are hereby given general and exclusive jurisdiction over the streets, alleys, byways, sidewalks, commons and public squares of said city, and may provide against obstructions and nuisances thereon. They may lay off, vacate, close, open, alter, curb, pave, and keep in good order roads, streets, alleys, sidewalks, crosswalks, drains and gutters for the use of the public, or any of the citizens thereof, and shall have power to improve and light the same, and keep them free from obstructions of all nature, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to the inhabitants of said city, or to make said streets or sidewalks unclean or unsightly; they may regulate the running of cars, propelled either by steam or electricity, within the city limits, and shall have power to make such regulations as they may deem proper relative to the keeping of fireworks, gunpowder, dynamite or other explosives or combustibles, or inflammable oils or chemicals in said city; they shall have power to prevent the running at large of hogs, cattle, and animals of all kind, in said city, and may impound the same if found at large, and may punish the owners of said animals for permitting them to so run at large in said city; they shall have power to erect, maintain, or regulate markets in said city, to prescribe the time for opening and closing the same, and to designate the territory in which they shall be run, to have power to regulate butcher pens and other places where butchering is done in said city, or to prevent the same from being done in said city limits, to provide for the inspection of all meats offered for sale or animals killed for sale therein; they shall have power to provide in or near said city places for the burial of the dead, and to regulate interments therein, and to prevent burials at any other place or places in said city; they shall have power to designate the fire limits, and to provide means for extinguishing fires in said city, to regulate or prohibit the erection of any building except of stone or brick, in the business portion of said

Page 872

city; to protect the property in, or the persons of the citizens of said city, and to preserve peace and good order therein, and for this purpose to appoint sufficient police force to assist the marshal in the full discharge of his duties; to prescribe the powers and to fix the duties of the various officers elected or appointed by them, and to fix their terms of office and compensation, and to require and take from such officers bonds as they may deem proper and to administer to said officers the proper oaths of office; to erect, authorize or prohibit the erection of gasworks, waterworks, electric light systems in said city, and to regulate the erection of the same, and to grant or refuse franchises for any or all of these purposes; to provide for and regulate the weighing of hay, cotton, or other articles, in said city; to provide a revenue for said city, and the payment of its expenses; to provide tax-assessors for said city and their duties, and to adopt such rules and regulations of its own body, as may seem proper to them; and generally to have and enjoy all powers and perform all duties enumerated in section 696 of the Political Code of Georgia of 1895, which are not in conflict with this Act. Powers of council. SEC. 19. Be it further enacted, That the mayor and council shall have power to levy such taxes as may be allowed under the Constitution of said State for the purpose of raising a sufficient revenue to defray the ordinary current expenses incident to support and maintenance of said city government, and for this purpose may levy and collect an ad valorem tax upon every species of property within the corporate limits of said city, which is not exempt by the laws of said State. They may also levy a special tax upon all trades, businesses, occupations, theatrical exhibitions or other performances carried on in said city, including circuses, shows of all kinds, itinerant traders, peddlers, auctioneers, and all trades, games or occupations as they may deem proper; provided, the same is not prohibited by State law. They shall also have power to tax, license and regulate tenpin-alleys, billiard or pool tables, or to prohibit or remove the same for cause, as they may deem proper and necessary. Taxation. SEC. 20. Be it further enacted, That all male persons resident in said city and who shall have resided in the same fifteen days, shall be liable and subject to street duty, and may be required to work upon the streets of said city not exceeding fifteen days in each year, and at such time and place as the said mayor and council may require; provided, however, that no one who is not subject to road duty under the laws of said State shall be subject to street duty in said city; provided, further, that any party shall

Page 873

have the right to relieve himself from street duty by paying such commutation tax as may be required of him not exceeding five dollars nor less than two dollars per year. Should any person liable to street duty under said section fail or refuse to perform the same when legally notified by said mayor and council or any one authorized to give said notice by them, shall be deemed a defaulter, and may be tried in the mayor's court of said city for the same, and upon conviction shall be fined in a sum not to exceed twenty dollars, or be imprisoned in the guard-house not to exceed thirty days, or be confined at hard labor in the chain-gang of said city not to exceed thirty days. Said mayor and council are hereby authorized to pass such ordinances as they may deem proper for the purpose of enforcing this section. Street work and commutation tax. SEC. 21. Be it further enacted, That said city council shall have and are hereby given the right and power to organize chain-gangs or work-gangs, or other means of confinement and to confine at labor therein, for a term not to exceed three months, persons convicted of violating the ordinances of said city; provided, said penalty shall be in effect only as an alternative or failure or refusal to pay fines imposed for such violation; provided, that no one shall be confined in the guard-house of said city for a term longer than thirty days, or be fined more than one hundred and fifty dollars, or less than one dollar. Chain-gangs. SEC. 22. Be it further enacted, That the arresting officer of said city may take bond for the appearance of any offender arrested for a violation of said city's ordinances, and that said city council shall have full power and authority to provide for the forfeiture of bonds given by offenders for their appearance before the court or courts of said city, and to provide for the collection of the same from the principal and surety to such bond by judgment, execution and sale. Appearance bonds. SEC. 23. Be it further enacted, That said city council be, and they are, hereby authorized to establish a system of public or common schools for said city upon complying with the following requirements, to wit: Before any public or common school shall be established for said city to be maintained at the expense of the same, the mayor, upon the recommendation of a majority of the whole council, shall advertise an election in the gazette in which the sheriff's advertisements are printed, once a week for four weeks, to be held at such place in said city as the mayor and council may designate, at which all persons qualified to vote for mayor and councilmen of said city, and no others, shall be qualified to vote. Said election shall be conducted in the same manner as is

Page 874

provided for elections of said city held for mayor and councilmen. It shall be the duty of the electors of said election to indorse on their ballots For public schools, or Against public schools, and if two-thirds of all qualified voters voting in said election shall be found to have voted for public schools, then said city council shall establish one or more public schools for each of the two races within said city, to be maintained, in whole or in part, at the expense of said city by local taxation; provided, that no local tax levied and collected for said purpose shall in any one year exceed one-fourth of one per cent. on the taxable property of said city. Public schools. SEC. 24. Be it further enacted, That said city council may order an election to be held in said city on the question of issuing bonds of said city for public improvement, especially for the purpose of purchasing land on which to locate any of said improvement buildings, and for erecting school buildings and providing furniture, apparatus for the same, also for erecting gasworks, electric light, waterworks system, either one or all, and for the purpose of maintaining the same. Notice of said election shall be given in the same manner as is provided for elections, public or common schools, in section 22, and the election shall be held in the same manner as is provided for other elections in said city, so far as same be applicable. All parties qualified to vote for mayor and councilmen of said city, and none others, shall be qualified to vote for the purposes enumerated in this section, and all ballots at such elections shall have written or printed thereon the words For bonds, or Against bonds. If two-thirds of the qualified voters of said city voting at said election shall vote for bonds, the city council shall, and they are hereby, authorized and empowered to issue bonds of said city not to exceed in the aggregate the sum of thirty thousand dollars, and of such denomination as the city council shall determine. Said bonds shall bear interest not to exceed six per cent. per annum, which interest shall be paid annually. Said bonds shall be signed by the mayor of said city, and shall be countersigned by the mayor and council, and shall be negotiated in such a way and manner as said city council shall determine to be to the best interest of said city of Graymont. Bonds for school buildings and other improvements. SEC. 25. Be it further enacted, That the funds arising from the sale of said bonds shall be placed on deposit in a bank selected by said city council, to be used by a board or a committee appointed by the mayor, and ratified by the council for buying suitable lands or buildings, or buying land and erecting buildings and properly

Page 875

equipping the same, or for buying or erecting any of the improvements mentioned in the preceding section of this Act, or for maintaining the same as they shall deem best for said city. Proceeds of bonds. SEC. 26. Be it further enacted, That said city council shall annually levy and collect a sufficient tax on the taxable property of said city to pay the interest on said bonds as the same shall become due, and also to provide for the redemption of said bonds as the principal shall become due. Tax to pay bonds. SEC. 27. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended wherever found in said State, and the warrant of the mayor, mayor pro tem. or recorder of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person, after trial and conviction of a violation of an ordinance of said city escape, he may be apprehended wherever found in said State, and the warrant of said mayor, mayor pro tem. or recorder shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of said city may again be tried for such escape, and be punished as for other offenses against said city, as provided by the ordinances thereof. Fugitives from justice. SEC. 28. Be it further enacted, That the city council of the said city of Graymont may, and they are hereby authorized to, act in conjunction with the authorities of the city of Summit in purchasing, erecting or maintaining any public improvement, such as school buildings, school systems, electric light, gas-light, waterworks, sewerage systems, authorized by the charter of both of said cities, and which are to be used jointly for the benefit of both. Cooperation with authorities of Summit. SEC. 29. Be it further enacted, That said city shall have, and is hereby given, all powers and is authorized to exercise all the duties embodied in the general law of the State of Georgia relating to town, villages and cities embraced in Title Seven of the Political Code of 1895, and not in conflict with this Act. General welfare. SEC. 30. 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 24, 1905.

Page 876

GRAYSVILLE, TOWN OF INCORPORATED. No. 113. An Act to incorporate the town of Graysville, in the county of Catoosa; to define its limits; provide for a mayor, recorder, councilmen and other officers of said town, and to prescribe their duties; to provide for making all lawful rules, regulations, ordinances and by-laws for the proper government and control of said town, and for the enforcement of the same; for condemnation proceedings 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 Graysville, in the county of Catoosa, be incorporated and shall be a body politic and corporate by the name of the town of Graysville. The corporate limits of said town shall be as follows: One-half mile () east, west, north and south from the railroad depot located in said town, except that the boundaries of said town shall only extend to the Chickamauga creek where the said creek comes within the limits of said incorporate boundaries. Graysville, town of incorporated SEC. 2. Be it further enacted, That until the next regular election held under this charter, and until their successors are elected and qualified, the municipal authorities of said town shall be the following named citizens of said town, to wit: A. E. Main, mayor; Lewis C. Akin, recorder; John T. Brown, Thos. M. Blair, John F. Gray and Lewis C. Akin, councilmen; and they are hereby empowered to carry out the purposes of this Act as if elected under the provisions herein contained. Mayor and councilmen appointed. SEC. 3. Be it further enacted, That the municipal authorities of said town shall consist of a mayor and four councilmen, and councilmen at the first meeting after their election and qualification shall elect one of their number recorder, and said member so elected, in addition to his duties as councilman, shall perform all other services required of him as recorder by this charter and the by-laws of said town. Recorder. SEC. 4. Be it further enacted, That said council shall also elect a marshal and, if they deem it necessary, a treasurer, in such manner as they may in their by-laws prescribe, each of whom when elected shall enter into a bond, sufficient sureties, approved by the mayor, in such sum as the council shall prescribe, payable

Page 877

to the corporation, conditioned faithfully to collect and pay over as required by the council all taxes, fines, for feitures and all other incomes of said corporation, and said officers shall continue in office during the pleasure of said council and perform the duties respectively as herein prescribed or as may be required by the council. Marshal and treasurer. SEC. 5. Be it further enacted, That the first election held under this charter shall be on the first Saturday in January, 1906, and the term of all officers then elected shall begin on the second Saturday in January, 1906, and the term of all officers elected thereafter shall commence on the second Saturday in each year, and shall be for one year and until their successors are elected and qualified. Official terms. SEC. 6. Be it further enacted, That the following designated sections of the Code of Georgia of 1895, volume 1 are hereby adopted and shall be a part of this Act of incorporation, to wit: Sections 691, 692, 693, 694, 695, 696, 697, 698, 699, 700, 701, 702, 703, 704 and 706, but where any of said sections or any of the provisions thereof conflict with such sections and provisions herein set out, the sections prevail. Corporate powers. SEC. 7. Be it further enacted, That the public fund of said town shall be made up of ad valorem tax, street tax, license tax, fines and forfeitures, and at the second meeing of the new council after each election the council shall levy said tax and fix said license if they deem it best to do so, and the same shall be entered on the minute book. If for any cause said tax is not levied and said license not fixed at the second meeting after the election, the same may be levied and fixed at any succeeding meeting of the council. Taxation SEC. 8. Be it further enacted, That whenever anything for which State license is required is to be done within said corporate limits the council may require a license and may impose a tax thereon for the use of said town, and may also require a bond, with sureties, conditional as prescribed by council, in such penalty as it may see proper, and revoke the same at any time the condition of said bonds are broken; and said council shall have power to license and regulate hotels, boarding-houses, livery stables, public and private transportation in and through said town, selling at public outcry to the highest bidder or at a fixed price, the peddling of any article or any other business or thing which by law might be licensed or regulated except as in this Act prohibited, and license or regulate either the sale or dealing in said town in any manner of dry goods, groceries, wares, merchandise,

Page 878

jewelry, musical instruments, sewing machines, patent medicines, patented articles, patent rights, nostrums or other goods and articles, and place upon either for sale or delivery, or both, where the same is not contrary to law, a tax or license not to exceed five hundred dollars per annum; and said corporate authorities shall have power to prohibit the delivery in said corporate limits by the seller or the agent of the seller such dry goods, groceries and other articles and things aforementioned sold outside of said corporate limits without the seller first paying such tax or license as is imposed by said corporate authorities for the delivery of said goods, articles and things sold within the said corporate limits of said town. Said corporate authorities shall have power to tax all shows and exhibitions in a sum not to exceed the State tax, which may exhibit within the corporate limits of said town, and prohibit the same altogether when they deem it best for the interests of the town. Specific taxes. SEC. 9. Be it further enacted, That in addition to the rights and powers granted herein, said council shall make by-laws, rules and regulations for the government and control of said town, shall make and provide such ordinances as are necessary to prohibit on the streets, bridges, sidewalks around or near the churches during services or before and after the same, and on private property any loitering, idling, and to remove therefrom any suspicious or idle person, and to make any and all needful rules and regulations for the protection of the citizens and property of said town, and to carry into effect this Act. Vagrants. SEC. 10. 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 persons for violations of the by-laws, ordinances and regulations of said town at some place designated by council. He may, when the interest of the town demands it, order the arrest of persons without summons or warrant being first issued. He shall, instanter, have served on the person so arrested a written summons or warrant, unless the same is waived, setting out the charge preferred, and immediately try the case unless continued for cause. If the person violating any of the by-laws or ordinances of said town be intoxicated, he shall be placed in the town prison, or on bond, and not tried until, in the discretion of the mayor, such person shall have become sober. The form, in case of a charge of violating an order, by-law, ordinance or regulation of said town, shall be as follows: The town of Graysville vs.

Page 879

. 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 Graysville on the day of , 190, to answer the charge of . Given under my hand and official signature this day of , 190. The mayor filling out the blanks in said form, or a substantial compliance therewith in form shall be sufficient. The mayor shall have power to punish for contempts, to issue any and all process necessary to carry into effect the provisions of this Act; to compel the attendance of witnesses; to summons a posse and give such orders as are necessary to control and use the same in enforcing the ordinances of said town, and preserving the good order, peace and dignity thereof, and protect the property and persons in said town, and punish under such laws as the council may prescribe for the failure of any of such posse so summoned to comply with such lawful orders as are given. Mayor's court. SEC. 11. Be it further enacted, That an appeal may be had from any decision of the mayor in the trial of violators of the laws and ordinances of the town which may be entered to the councilmen within four days from the date of the decision complained of. and by the payment of all costs, and a certiorari may be sued out from any decision of the councilmen in such appeals to the superior court of the county under the general law applicable to certiorari. Appeal and certiorari from mayor's court. SEC. 12. Be it further enacted, That the fines or punishment for offenses against the by-laws or ordinances of said town shall be by imprisonment or work on the streets of said town, or both, but the work on the streets shall not exceed thirty days, nor the fine exceed fifty dollars for each offense. Penalties. SEC. 13. 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. Contested elections. SEC. 14. Be it further enacted, That said municipal authorities shall have power to condemn private property for school and other public uses and purposes, and whenever the said councilmen or municipal authorities and the owner shall be unable to agree as to the value of the land or damages, the owner of the property shall select a man and the said municipal authorities a man, and they shall agree upon the value of the property so sought to be condemned, if they can, and if they can not, they, too, shall select a third man disinterested, and a majority of them shall assess the value of the land, either party having the right to appeal within four days to the superior court, according to law. Condemnation of private property.

Page 880

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 11, 1905. GRIFFIN, TAX-COLLECTOR AND SANITARY INSPECTOR. No. 356. An Act to amend the charter of the city of Griffin, so as to provide for an officer to be known as tax-collector; to prescribe his duties, powers, rights, qualifications, pay and term of office; to allow said tax-collector to be a sanitary inspector of said city; prescribe his duties as such, 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 charter of the city of Griffin, approved November 27, 1901, and Acts amendatory thereto, be amended so as to create and provide for an officer to be known as tax-collector of said city of Griffin. That said tax-collector shall perform all such duties with reference to the collection of taxes as may be imposed upon him by the ordinances of the said city of Griffin; that he shall have all the powers and rights of a marshal in and for said city. That he shall have the qualifications now required by law of the clerk and treasurer of the said city of Griffin, and shall receive as pay or compensation such sum of money not to exceed $ per month, as may be fixed by the ordinances of said city, and shall hold his office for and during such term as may be prescribed by the ordinances of the city of Griffin. That he shall levy such fi. fas. for tax as may be turned over to him by authority of said city. That he shall collect moneys from all taxpayers or parties or property subject to tax dues or payable to said city and receipt them in the name of the city of Griffin, and shall conduct sales and make title in the same manner and under the same rules and regulations as are now prescribed by law for county tax-collectors. That he shall perform such other duties with reference to collecting and settling taxes and levying all executions and fi. fas. and sales of property as may be conferred upon him by the ordinances of the city of Griffin. Griffin Tax collector.

Page 881

SEC. 2. Be it further enacted by the authority aforesaid, That such tax-collector as is provided for by section 1 of this Act may act whenever in the discretion of the mayor and council of the city of Griffin it is necessary or desirable as a sanitary inspector of said city of Griffin, at the same compensation as is fixed by said section 1 of this Act, and shall perform such duties and have such power and authority as such inspector as may be conferred upon him by the rules and regulations of the board of health of the city of Griffin, or by ordinance of the mayor and council of the city of Griffin. Sanitary inspector. SEC. 3. Be it further enacted, That all laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved August 14, 1905. GRIFFIN, CHARTER AMENDED. No. 357. An Act to amend the charter of the city of Griffin, so as to confer on said municipal corporation the right, the power and authority to condemn private property for public use, and further by, through and in the name of commissioners for light, water and sewers to institute and maintain such condemnation proceedings when the property sought to be condemned is for the use of the light, water or sewer plants or systems of said city; to provide for the appointment of assessors, and for the payment of all expenses, damages and other costs, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the charter of the city of Griffin, approved November 27, 1901, and Acts amendatory thereto be amended so as to confer upon such municipal corporation the right, the power and authority to condemn private property wherever located for the purpose of any and all public improvements and for the benefit of said municipality or its citizens, upon the payment by said municipality of all expenses, damages and costs as may be assessed against it in such proceedings to condemn such property, or in the event that no proceedings are instituted, to pay by the said city of Griffin to the owners

Page 882

of such private property such damages as may be agreed upon between them. Griffin; condemnation of private property. SEC. 2. Be it further enacted by the authority aforesaid, That in the event the property sought to be condemned is for the use of the light or water or sewerage systems or plants of and in the city of Griffin, that such condemnation proceedings or such agreement for payment of damages may be instituted and maintained by or agreed to by the commissioners for light, water and sewers of the said city. For water, light and sewerage. SEC. 3. Be it further enacted by the authority aforesaid, That all damages, costs and expenses assessed against the city of Griffin in any proceedings instituted, or all such damages, costs and expenses as may be agreed upon, if no proceedings are instituted, shall be paid out of the current expense fund of the city of Griffin, except when such cost, damage or expense is for the use or benefit of the light, water and sewerage systems or plants of said city, in which event such money shall be paid by the commissioners for light, water and sewers of the city of Griffin. Damages, how paid. SEC. 4. Be it further enacted by the authority aforesaid, That all proceedings instituted and maintained under and by virtue of the authority of this Act shall be in accordance with chapter 9, article 1, of volume 2, of the Code of the State of Georgia of 1895. Condemnation proceedings. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved August 14, 1905. GUYTON, TOWN OF, SCHOOLHOUSE AND ARTESIAN WELL. No. 112. An Act to authorize the mayor and aldermen of the town of Guyton to issue bonds for the purpose of erecting a school building; to equip the said building, and to bore and equip an artesian well in said town of Guyton, and to authorize the said mayor and aldermen to provide by taxation for the payment of the principal and interest of said bonds, and to provide for an election to ratify the provisions of this Act, and for other purposes.

Page 883

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and aldermen of the town of Guyton shall provide for an election to be held in said town for the adoption of the provisions of this Act; provided, the notice of the intention to hold said election has been given as required by section 377 of the Code of Georgia, 1895; said election shall be held and returns thereof made in the same manner as elections are made for the mayor and aldermen of said town, and the qualification of the voters at said election shall be the same as required by law for the election of a mayor and board of aldermen in said town. All persons voting at said election shall have written or printed on their ballots the words For issuing bonds, or the words, Against issuing bonds, and if it shall appear to the mayor and aldermen of said town that two-thirds of the qualified voters residing in said town have voted for issuing bonds, the said mayor and aldermen are hereby authorized to issue bonds, provide for the payment of same upon the conditions, and for all other purposes hereinafter provided. In case two-thirds of the qualified voters in said town do not vote for issuing bonds in any election held under this Act, an election may be held in said town by order of the mayor and aldermen of said town annually until the provisions of this Act has been adopted by a two-thirds vote of the qualified voters in said town. Guyton; election for bonds. SEC. 2. Be it further enacted, That when the necessary majority of votes have been cast at an election for issuing bonds for the purpose of enabling the mayor and aldermen of said town and their successors in office to erect and complete a school building, and to equip and furnish the same with suitable furniture, apparatus, etc., and to bore and equip an artesian well in said town for the purpose of supplying said school with water, the mayor and aldermen of said town are hereby authorized to issue bonds upon the conditions aforesaid, not to exceed the amount of six thousand dollars, to run not exceeding twenty years, bearing interest not exceeding six per cent. per annum, said bonds to be issued in sums of one hundred dollars each, and shall be signed by the mayor and countersigned by the clerk of the mayor and aldermen, and have the seal of the town attached; shall have coupons attached to them for each installment of interest, said coupons to be signed same as the bonds. The principal and interest shall be payable at maturity on presentation to the town treasurer. Said bonds when so issued shall not be sold for less than par. School buildings and artesian well. SEC. 3. Be it further enacted, That for the purpose of providing

Page 884

for the prompt payment of the principal as well as the interest on the bonds so issued and negotiated, when the same may become due and payable, the said mayor and aldermen of said town of Guyton shall provide for the assessment and collection of an amount of tax (in addition to that now levied and collected in said town) sufficient to pay the principal and interest of said bonds as they become due and payable, and shall create a sinking fund annually to meet the principal on said bonds as it becomes due. Taxation. SEC. 4. Be it further enacted, That the title to said property shall vest in the mayor and aldermen of the town of Guyton and their successors in office. Title to property. SEC. 5. Be it further enacted, That the erection of the school building and the boring of the artesian well as aforesaid shall be under the direct supervision of the mayor and aldermen of said town, or a board of trustees selected by said mayor and aldermen, said board of trustees to report to and be amenable to said mayor and aldermen. Supervision of works. 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 11, 1905. HADDOCK, TOWN OF, INCORPORATED. No. 569. An Act to incorporate the town of Haddock, in the county of Jones, 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 authority of the same, That from and after the passage of this Act, the town of Haddock, in the county of Jones, shall be incorporated under the name and style of Haddock, by which name it shall sue and be sued, plead and be impleaded. Haddock,' town of, incorporated. SEC. 2. Be it further enacted, That the incorporate limits of said town shall extend one half mile in every direction from the corner of lot number 19 on Main and Park streets. Corporate limits. SEC. 3. Be it further enacted, That H. J. Finney be, and is, hereby appointed mayor, J. D. Anchor, C. H. Keller, W. J. Stephens, D. E. Norris and J. T. Finney be, and they are, hereby

Page 885

appointed aldermen of said city of Haddock, to hold their office until the first annual election as hereinafter provided. Mayor and aldermen appointed. SEC. 4. Be it further enacted, That an election shall be held on the first Monday in December, 1906, and for each succeeding year, for mayor and five councilmen, who shall serve one year, and until 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 officers shall be declared duly elected by the managers; 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. Election of successors. SEC. 5. Be it further enacted, That said mayor and council shall elect or appoint 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 provide 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. Powers of mayor and council. SEC. 7. Be it further enacted, That such cost shall be taxed against the person or persons convicted of violating any of the town laws. Court costs. SEC. 8. Be it further enacted, That said mayor and council shall not have any authority to grant license to sell any kind of spirituous, malt or intoxicating liquors. Sale of liquors. 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 August 23, 1905.

Page 886

HAWKINSVILLE, CHARTER AMENDED. No. 434. An Act to amend section 61 of the Act approved December 18, 1902, entitled An Act to create a new charter for the city of Hawkinsville, etc., by providing that one-half of the city's share of the net profits from the dispensary located in said city may be, by the bond commission of said city, used to pay the interest on the outstanding bonds of said city, as well as the principal 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 section 61 of the above recited Act be, and the same is, hereby amended by adding after the words or which may, hereafter, be outstanding against the city of Hawkinsville, contained in said section, the following words: Provided, however, that if one-half of the city's net share of the dispensary profits is sufficient to provide an adequate sinking fund for said bonds, in addition to the payment of the interest thereon, then the bond commission are authorized to pay from the said part of the said profits in their hands also the interest on the outstanding bonds of the said city as the same may accrue. And if during the month of January of each year the bond commission reports to the city council that one-half of the said net profits coming into their hands from the said dispensary is sufficient to pay the interest on said bonds for the next fiscal year, over and above a reasonable amount adequate as a sinking fund, then the city council shall not levy a tax for that year with which to pay said interest, but the same shall be paid by the bond commission of said city out of the city of Hawkinsville's one-half net share of said dispensary profits coming into the custody of said bond commission, so that said section, when so amended shall read as follows: Sec. 61. Be it further enacted by the authority aforesaid, That so long as there are any outstanding bonds of the city of Hawkinsville, one-half of the share of the city of Hawkinsville in the net profits, dividends or other income derived from the dispensary located in the city of Hawkinsville, or any other similar dispensary similarly located, shall by the city council of Hawkinsville be turned over as it is paid to them by the bond commission of the city of Hawkinsville to be used by said bond commission

Page 887

as a sinking fund for the final redemption of any bonds now outstanding, or which may hereafter be outstanding against the city of Hawkinsville; provided, however, that if one-half the city's net share of the dispensary profits is sufficient to provide an adequate sinking fund for said bonds, in addition to the payment of interest thereon, then the bond commission are authorized to pay from the said part of the said profits in their hands also the interest on the outstanding bonds of the said city as same accrues. And if during the month of January of each year the bond commission reports to the city council that one-half of the said net profits coming into their hands from the said dispensary is sufficient to pay the interest on said bonds for the next fiscal year over and above a reasonable amount adequate as a sinking fund, then the city council shall not levy a tax for that year with which to pay said interest, but the same shall be paid by the bond commission of said city out of the city of Hawkinsville's one-half net share of said dispensary profits coming into the custody of said bond commission. Said fund to be used by them as hereinafter provided. Said bond commission shall on the first day of January of each year submit a written statement, sworn to by the members of said commission, to the city council, which statement shall be published in some newspaper of said city giving a full and accurate account of all the moneys in their hands and of the amount and maturity of the outstanding bonds of the city and on all other matters that go to illustrate the matter over which they have jurisdiction. Hawkinsville; Net profits of dispensary. 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 24, 1905. HAWKINSVILLE, CHARTER AMENDED. No. 433. An Act to amend section 69 of the Act approved December 18, 1902, creating a new charter for the city of Hawkinsville, Georgia, with reference to the registration of voters for special elections held therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

Page 888

State of Georgia, and it is hereby enacted by the authority of the same, That section 69 of the above recited Act be amended by adding thereto after the clause, when said lists shall be finally closed, and immediately before the clause and it shall be the duty of the clerk or other person in charge, the following provisos: Provided, however, that for all special elections the registration books shall be opened thirty days before the date of the special election, and shall be closed ten days before said special election shall be held, and no person shall vote at said special election unless he shall have registered for said special election; so that said section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That the city clerk, or if the clerk of the city council shall be sick or absent then some person appointed by the city council, shall open at the clerk's office or the council chamber or at such other place as may be designated by the city council for the purpose, on the first Monday in November in each year a list for the registration of voters for said city, which list shall be kept open every day except Sunday between the hours of noon and 2 p. m., from that day until the tenth day before the regular election day, inclusive, when said list shall be finally closed; provided, however, that for all special elections the registration books shall be open thirty days before the date of the special election, and shall be closed ten days before said special election shall be held, and no person shall vote at said special election unless he shall have registered for said special election. And it shall be the duty of the clerk or other person in charge upon the application of any person entitled to vote, which application shall be made in person and not by proxy, to register the name of such person with the street on which he lives, and his occupation, and such person before registering his name shall in each case subscribe before the clerk or such other person in charge of such registration list, the following oath, said clerk or other person being hereby authorized to administer said oath, to wit: You do swear (or affirm) that you are twenty-one years of age, or will be before the next city election, that you are a citizen of the United States, that you have resided in this State for twelve months last past, and in this city for the past six months, and that you have paid all legal taxes and assessments required of you by the authorities of said city, so help you, God. And the said city clerk or other person in charge shall furnish the managers of said election with a copy of said list made out in alphabetical order, as soon as the polls are opened; and failing to comply

Page 889

with any of the provisions of this Act, he shall be punished as the council may prescribe. Hawkinsville; Registration of voters. 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, 1905. HIRAM, CHARTER AMENDED. No. 349. An Act to amend the charter of the town of Hiram, in the county of Paulding, State of Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2 of the Act incorporating the town of Hiram, in the county of Paulding, said Act being No. 573, on page 847 of Acts of 1890 and 1891, be, and the same is, hereby amended by striking all of said section from the word follows, in second line, and inserting in lieu thereof the following, commencing at Gray's mill creek, the present corporation line, and running down said creek to the mouth of second branch, and following up said branch east to Moon's crossing on Southern railway, thence in northeast direction to north line of Seaboard Air Line railway right of way, two hundred yards east of said railway company's depot; thence along north line of said right of way to land line between I. S. Gray and Mrs. Peggy Bullard's; thence in a south direction along said line to the present corporate line. Hiram; corporate limits. SEC. 2. Be it further enacted, That section 4 of said Act be, and the same is, amended by striking out one-tenth of one per cent., in the last two lines of said section, and inserting in their stead one-fourth, so that said section will read one-fourth of one per cent instead of one-tenth of one per cent. Taxation. 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 14, 1905.

Page 890

HOGANSVILLE, WATERWORKS AND ELECTRIC LIGHTS. No. 501. An Act to authorize and empower the town council of Hogansville, Georgia, to establish a system of waterworks, electric lights, sewerage, etc., and to create a debt on said town of Hogansville by issuing twenty thousand dollars of bonds for such improvements; provide for the payment of the same by taxation, on condition that the same has first been submitted to a vote of the qualified voters of said town of Hogansville and approved by a two-thirds majority as required by law, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town council of the town of Hogansville, Georgia, for the purpose of establishing a system of waterworks, electric lights and sewerage, if the latter is desired, is hereby authorized and empowered to order an election to create a debt not over twenty thousand dollars on said town of Hogansville as debts are authorized by law to be created by cities in this State, at which election the qualified voters only of said town of Hogansville shall be authorized to vote, and said election shall be held in said town of Hogansville in the same manner as elections are held for the election of members of the Legislature of this State. Hogansville; water and light. SEC. 2. Be it further enacted, That at such election each voter shall have written or printed on the ballot the following words, to wit: For bonds, or Against bonds; and if on publishing the result of said election two-thirds of the qualified voters have voted for bonds, then the town authorities of the town of Hogansville shall be authorized and empowered to issue bonds to the amount of twenty thousand dollars, with interest thereon not exceeding seven per cent. per annum, to provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within thirty years from the date of the incurring of said debt; that the length of time said bonds are to run short of the thirty years and the method of retiring said bonds shall be left to the discretion of said town council. Election for bonds. SEC. 3. Be it further enacted, That the laws in relation to notice of election, amount of bonds, rate of interest and length of time, and all the requirements of law as a condition to the creation of debts of municipalities now of force in this State shall

Page 891

apply to the creation of the debt herein provided. At said election should not a two-thirds majority voting at said election vote for bonds, then no debt shall be created for said purpose nor bonds issued. General law. SEC. 4. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. HOWELL, TOWN OF, INCORPORATED. No. 230. An Act to incorporate the town of Howell, in Echols county, Georgia; to provide for a mayor and councilmen and other officers of said town; to prescribe their duties, define their powers and to provide for the enacting of all necessary ordinances and 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 authority of the same, That from and after the passage of this Act, the town of Howell, in the county of Echols, is hereby incorporated under the name of Howell. Howell, town of, incorporated. SEC. 2. Be it further enacted by authority aforesaid, That the corporate limits of the said town shall extend one-half mile each way from the railroad depot in said town, which town will be laid out in the form of a square. Coporate bonds. SEC. 3. Be it further enacted by authority aforesaid, That the government of said town shall be vested in a mayor and three councilmen, who may sue and be sued, plead and be impleaded, and perform any and all other acts necessary for the government of the said town under the authority of the mayor and councilmen of the town of Howell. Mayor and councilmen. SEC. 4. Be it further enacted by authority aforesaid, That H. A. Jones be, and he is, hereby appointed mayor, and John F. Colson, David Cowart and S. W. Taylor are hereby appointed councilmen of said town, to hold office until the first regular election, as hereinafter provided for, and until their successors are elected and qualified. Mayor and councilmen appointed. SEC. 5. Be it further enacted by authority aforesaid, That

Page 892

on the first Saturday in December, 1905, and on the same day annually thereafter, an election shall be held in the said town for mayor and councilmen, whose terms of office shall be one year and until their successors are elected and duly qualified. No one shall vote for or be eligible to said office of mayor and councilmen who is not a bona fide citizen of said town, and who is not qualified to vote for members of the General Assembly of this State. The said election shall be conducted in the same manner as elections for county officers in this State, and certificates of the managers shall be sufficient authority to the person elected to enter on the discharge of their duties of the offices to which they have been elected. Election of successors. SEC. 6. Be it further enacted by authority aforesaid, That before entering upon the discharge of their duties as mayor and councilmen they shall take and subscribe to the following oath, which may be administered by any person authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge all duties of mayor or councilmen of the town of Howell to the best of my ability, so help me God. Oath of mayor and councilmen. SEC. 7. Be it further enacted by authority aforesaid, That the mayor and council shall have the power to levy and collect a tax of not to exceed one dollar on the hundred upon all real and personal property within the corporate limits of said town, to lay out streets and lines and compel all persons within the corporate limits of said town who are subject to road duty to work on the streets of the said town, or they may, at their discretion, impose a commutation tax in lieu of the said work on the streets of the said town, the mayor and councilmen being exempt from road duty. Taxation. SEC. 8. Be it further enacted by authority aforesaid, That the said mayor, if from any cause he fails to act, any two of the councilmen shall be authorized to try any person who is charged with the violation of the ordinances of the town and punish persons proved guilty by a fine not to exceed one hundred dollars, or imprisonment not to exceed sixty days, or to work the streets of the said town as the proper authority may direct. Trial and punishment of offenders. SEC. 9. Be it further enacted by authority aforesaid, That the mayor and councilmen shall have concurrent jurisdiction with justices of the peace of this State in criminal matters that may originate within the corporate limits of said town; that they may issue warrants, hold courts of inquiry and bind over parties to courts of competent jurisdiction to try the same. SEC. 10. Be it further enacted by authority aforesaid, That

Page 893

the mayor and council shall have power to pass such ordinances and laws deemed necessary for the proper government of said town, and to observe such rules for collecting taxes and licenses and fines and all other moneys due the corporation, and appoint all the officers in their judgment for the correct administration of justice in the said town. Powers and taxation. SEC. 11. Be it further enacted, That the said corporation is hereby authorized and empowered to levy a tax annually in addition to the tax heretofore mentioned, upon all taxable property of said town not to exceed one per cent. for the purpose of establishing and maintaining a public school in the said town. School tax SEC. 12. Be it enacted by the authority aforesaid, That the said mayor and council shall have the power to require a license of a person giving exhibitions and shows of all kinds, also power to license and regulate butcher-pens, blacksmith-shops, forges and railroad and express companies and factories of all kinds. Licenses. SEC. 13. Be it further enacted by authority aforesaid, That the said mayor and council shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of said town, and provide penalties therefor. Idleness and loitering. SEC. 14. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act are repealed. Repealing clause. Approved August 2, 1905. HULL, TOWN OF, INCORPORATED. No. 482. An Act to incorporate the town of Hull, partly in Clarke county and partly in the county of Madison, Georgia; to provide for a mayor and officers of said town; to prescribe their duties; to define their powers; to levy and collect ad valorem and specific tax; to provide all matters of municipal concern and cognizance and to provide for the enactment of all necessary ordinances, and to provide for penalties for violations of same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town of Hull, in Clarke and Madison counties, Georgia, is hereby incorporated under the name of the town of Hull. Hull, town of, incorporated.

Page 894

SEC. 2. Be it further enacted, That the center of the corporate limits of town of Hull shall be at the south corner of the S. A. L. depot proper, and shall extend one-half mile north, east, south and west from this said point; the corporate limits of said town to be in the shape of a square, the sides of which are to be one mile each. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of the town of Hull shall consist of a mayor and four aldermen, who are hereby constituted a body politic and corporate under the name and style of the town of Hull, and by that name and style shall have perpetual succession, shall have a common seal, shall be capable in law and equity to purchase, have, hold, receive and enjoy possession and retain to them and their successors for the use of the town of Hull any estate or estates, real or personal, of whatever kind or nature within the jurisdictional limits of the town of Hull, and shall by said name be capable to sue and be sued, plead or be impleaded in any court of law or equity in this State, and shall exercise all corporate powers, rights and privileges granted by and under the laws of this State to like municipalities. Corporate name and powers. SEC. 4. Be it further enacted, That W. J. Thornton be, and is, hereby appointed mayor of said town of Hull, and W. C. Murry, J. T. Talbot, A. J. Brown and W. H. Bullock are hereby appointed councilmen of said town, to hold said offices until the first regular election as hereinafter provided for and until their successors are elected and qualified. Mayor and councilmen appointed. SEC. 5. Be it further enacted, That on the first Saturday in January, 1906, an election shall be held in said town of Hull for the purpose of electing a mayor and four aldermen; that said mayor shall be elected for a term of two years from the date of his election, and two of the councilmen for a term of one year from the date of their election, and the remaining two councilmen for a term of two years, and that they shall hold their office until their successors are elected and qualified; and that there shall be annually thereafter an election held in said town of Hull on the first Saturday in January of each year for the purpose of electing said councilmen and mayor as their terms of office may expire. All councilmen after the first said election shall be elected for a term of two years. Election of successors. SEC. 6. Be it further enacted, That the mayor and council of the town of Hull shall have the power, and it shall be their duty, to elect a mayor pro tem. annually at the first meeting of the mayor and council after said annual election, and after said

Page 895

newly-elected mayor and councilmen have been installed, or as soon thereafter as possible, for a term of one year, which mayor pro tem. shall be clothed with all the powers, rights and privileges and duties of mayor-elect, when and during the sickness of the mayor or his absence from the town of Hull, or from any cause that may disqualify said mayor to act as such, upon the said mayor pro tem. taking the oath prescribed for mayor and not otherwise. If, however, the mayor pro tem. as well as the mayor-elect by the people should both be unable from any cause to attend to their duties, the council shall elect another mayor pro tem., who shall thereby be clothed with all the rights, powers and duties of the mayor of the town of Hull, upon taking the oath of mayor, and who shall serve only during the absence of the said mayor or mayor pro tem. proper. Mayor pro tem. SEC. 7. Be it further enacted, That no person shall be eligible as mayor of the town of Hull unless he shall have attained the age of 25 years, is a citizen of the United States, and shall have resided in the town of Hull six months immediately preceding his election. Eligibility to office of mayor. SEC. 8. Be it further enacted, That before the mayor and councilmen enter upon the discharge of their duties as such, they shall take and subscribe to 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 well and truly perform the duties of mayor (or councilman, as the case may be,) of the town of Hull by adopting and enforcing such methods as may in my judgment be qualified to promote the welfare of the town of Hull, and I do further swear that I have not practiced any unlawful means, direct or indirect, to procure my election, and that I have not offered or promised or caused to be given or offered or promised any person any money, treat or thing of value with any intent to affect any vote, or prevent any person voting at the election at which I was elected, so help me God. The clerk of council is also authorized and empowered to administer this oath. Oath of mayor and councilmen. SEC. 9. Be it further enacted, That the mayor shall be the chief executive of the town of Hull; he shall see that all laws and ordinances of said town are faithfully executed; shall have a general supervision over the marshal of said town; he shall examine and audit all accounts against the town before payment not exceeding five dollars; all accounts exceeding five dollars shall be audited by the mayor and council before payment; he shall have power to convene council in extra session whenever in his judgment

Page 896

the exigencies of the case require it, and he shall be required to convene council in extra session whenever petitioned by two-thirds of the council. Said mayor shall have a general supervision over the streets of said town and also the public buildings. The mayor, or in his absence the mayor pro tem., shall have full power and authority to hold at such times and places and under such rules and regulations as may be prescribed by ordinance a mayor's court for the town of Hull for the trial of offenders against the laws or ordinances of the said town of Hull, and impose such penalties for the violation thereof as may be prescribed by ordinance not to exceed $150.00, or imprisonment and labor on the public streets or works of said town not to exceed 100 days for each offense, or to impose both penalties if the mayor sees fit. Mayor, powers and duties SEC. 10. Be it further enacted, That if any person shall be dissatisfied with any judgment pronounced against him by the mayor, said person shall have the right to appeal to the council at its next regular meeting by giving notice at the time said judgment is pronounced, or when the officer goes to execute the same, which notice shall suspend the said judgment until the hearing of said appeal; provided the parties thus appealing shall give bond of good security to be judged of or approved of by the mayor or mayor pro tem., payable to said mayor and his successors in office, and conditioned to stand and abide any judgment to be rendered in said case, which bond may be forfeited for non-appearance, and upon failure to show cause a judgment may be rendered by said mayor and council as on forfeited recognizances in superior courts of this State and execution had according under such powers as are usual for issuing executions, the same to bear attest in the name of the said mayor and to be issued and signed by the clerk of the council. Appeals from mayor's court. SEC. 11. Be it further enacted, That on the trial of appeal cases the judgment of the mayor shall stand unaltered unless changed by a majority vote of the council. Appeal cases. SEC. 12. Be it further enacted, That the council of said town on the hearing of any appeal shall have the power to increase the penalty imposed by the mayor should the cause of appeal be deemed frivolous, and a writ of certiorari to the superior court shall lie to all judgments of the mayor and council imposing any imprisonment or fine. Certiorari. SEC. 13. Be it further enacted, That the amount of appeal bond in all cases from the mayor's court shall never be less than

Page 897

the amount of the fines imposed, including costs, and shall not be more than $200.00. Appeal bonds. SEC. 14. Be it further enacted, That in all applications for a writ of certiorari to review the judgment either of the mayor's court or of the council on appeal shall be made to and sanctioned by the judge of the superior court and filed in ten days after decision, and not afterwards. In all other respects except as to the time in which said application shall be made they shall be governed by the same rules and regulations as control application for certiorari from the justice courts in this State. Applications for certiorari. SEC. 15. Be it further enacted, That the mayor of said town shall have the right to vote on all questions coming before said mayor and council, and also a right to vote in the election of the officers of the town of Hull. The salary of said mayor shall be fixed by the mayor and council immediately after the inauguration of each newly elected mayor of said town, and shall not exceed $500.00 per annum; the salary of said council shall be fixed annually by the mayor and council after the inauguration of the new councilmen of each year, and shall not exceed the sum of $50.00. Mayor's vote. Salaries. SEC. 16. Be it further enacted, That the mayor and council of the town of Hull shall have full power and authority to pass all ordinances respecting the streets of said town and lay out the same, respecting the public buildings, workhouses, carriages, wagons, carts, trades, itinerant traders or peddlers, wells, springs, care of the poor, suppression of disorderly or lewd houses, and for such other regulations or ordinances that shall appear to them necessary or proper for the security, welfare and interest of said town, or for preserving the peace, health, order and good government of said town, and to provide such regulations and ordinances as not in conflict with this charter or with the Constitution and laws of the State or of the United States. Powers of mayor and council. SEC. 17. Be it further enacted, That the mayor and council of the town of Hull shall elect at the first meeting of the council in each year after the general municipal election and after said new councilmen or mayor is installed in office, a clerk of council, who shall be ex officio treasurer, tax-receiver, tax-collector, and clerk of the mayor's court of said town of Hull, a town marshal, and such other officers as the mayor and council may deem necessary for the government of said town. They shall be elected for a term of one year, and all of said officers, unless removed for cause, shall hold their office until their successors are elected and qualified, and the said mayor and council shall establish the fees

Page 898

and salaries of said officers immediately preceding their election, and when once fixed they shall not be increased or diminished during their term of office. Said mayor and council shall also fix the bonds and prescribe the duties of said officers by ordinance. They shall further have the power and authority to remove from office any of said officers for a breach, neglect or incapacity to discharge their duties before their term of office expires. Municipal officers. SEC. 18. Be it further enacted, That it shall be the duty of the clerk of council to attend all regular meetings of said council and such meetings as are called by the mayor, to notify the several councilmen of said call meetings, to keep a fair and regular minute of all proceedings of the council, to receive and collect all the town taxes and to disburse the same under the direction of the council. The clerk of council shall give a bond of good security for the faithful performance of all the duties, payable to the mayor and his successors in office (who are hereby authorized to bring suit thereon) in such sum as council may direct. Clerk. SEC. 19. Be it further enacted, That the mayor and council shall have the power annually to levy and collect an ad valorem tax not to exceed one half of one per cent. on all the property, real and personal, subject to State and county taxes within the corporate limits of said town for the purpose of carrying into effect the provisions of this charter, and that said taxes shall become due in such time and manner as may be prescribed by ordinance of said mayor and council. Ad valorem tax. SEC. 20. Be it further enacted, That the said mayor and council shall have the authority to levy and collect a specific or license tax upon any business, trade or occupation carried on or conducted within the corporate limits of said town of Hull, and shall have authority to pass such ordinance as is necessary for the enforcement of the collection of said taxes. Specific taxe. SEC. 21. Be it further enacted, That the annual municipal election of said town shall be held at such place in the town of Hull as the mayor and council may direct on the first Saturday in January of each year, and the polls of said election shall be opened at nine o'clock forenoon and closed at four o'clock afternoon. Said election shall be held under the supervision of three freeholders of the town of Hull, who shall be appointed by the mayor and council at least five days before the election, and each of said managers before entering upon the duties shall take an oath before each other (and they are hereby authorized to administer oaths) that they will fairly and impartially conduct said election, and to prevent all illegal voting to the best of his skill and power.

Page 899

Should any manager so appointed fail or decline to act, then the mayor shall appoint others in their stead. Elections of mayor and councilmen. SEC. 22. Be it further enacted, That all citizens qualified to vote for members of the General Assembly of Georgia and who have paid all taxes legally imposed and demanded of them by the authorities of the town of Hull, and paid into the treasury of the same, and shall have resided six months in the State and one month immediately preceding the election within the jurisdictional limits of said town of Hull, and no other person shall be qualified to vote at any election in said town for mayor and council. Qualified voters. SEC. 23. Be it further enacted, That the clerk of council shall open a list for the registration of voters at his office on the first day of July in each year, which list shall be kept open until four o'clock, p.m., of the third Monday in December, when the same shall be closed finally and absolutely. Registration of voters. SEC. 24. Be it further enacted, That said clerk upon the application of any person qualified to vote for members of the General Assembly of Georgia, within the time prescribed by law for the registration list to be kept open, shall register the name of said person; provided, said person shall take the following oath, to be administered to him by the clerk: You do solemnly swear that you are a citizen of the United States, that you are 21 years of age, or will be on or before the date of the next annual election, and that you have resided in the State of Georgia for the past six months and within the corporate limits of the town of Hull for one month last past, and that you have paid all taxes legally imposed or demanded of you by the authorities of the town of Hull, and you do further swear that you have paid all taxes required of you by the State and county since the adoption of the Constitution of 1877 except for this year, so help you God. Oath of voter. SEC. 25. Be it further enacted, That the clerk shall keep a record of the names of all persons so registered, and shall arrange and publish the same in alphabetical order by posting said registration list at the council chamber at least five days before the election. Registration list. SEC. 26. Be it further enacted, That the clerk of council shall also furnish the managers of said election of said town of Hull with a list of the voters (being a copy of the registration list) up to the time of the final closing of the same, and the said managers shall check off the names on said lists as they are voted, and allow no one to vote who has not registered. When the polls shall have become closed at the time prescribed in this Act the

Page 900

the number of votes received by each candidate, which tally-sheets and ballots, together with a list of the voters, shall upon the same day of the election or as soon thereafter as possible, be returned to the mayor, who shall immediately convene council, and the said mayor and council in the presence of said managers shall consolidate said returns and declare the result of said election, the persons receiving the highest and greatest number of votes being elected. When said persons shall have been declared elected, it shall be the duty of the mayor and council to notify them of their election, and said mayor and council shall convene on the following Tuesday at 10 o'clock, a.m., for the purpose of inaugurating said newly elected mayor, or councilmen, as the case may be. Managers of elections. SEC. 27. Be it further enacted, That at said municipal election there shall be kept two lists of voters and two tally-sheets, the same to be kept by clerks to be employed by said managers, and the names of the voters shall be numbered in order of voting. As each ballot is received by the managers the number of vote on the list shall be marked on the ballot before being deposited in the boxes; and when any vote is challenged, the word challenged shall also be written on said ballot and opposite the name on the list. Elections, how held. SEC. 28. Be it further enacted, That any person shall have the right to challenge any voter, and said voter shall not then be allowed to vote unless he again subscribes to the oath before the managers which is administered by the clerk for the purpose of registration. Challenge of voter. SEC. 29. Be it further enacted, That when any tax either specific or ad valorem shall become due and collectable by the town of Hull, said clerk of council shall have the authority to issue fi. fas. for the amount of said taxes, which fi. fas. shall be directed to the marshal of said town, and that said marshal shall have the authority to levy and collect said fi. fas. under the same rules and regulations as other tax fi. fas. in the State of Georgia are levied and collected, said mayor and council having the authority to prescribe by ordinance the different costs attached to said fi. fa. Executions for dues to municipalifities. SEC. 30. Be it further enacted, That each and every person shall make return under oath to the clerk of council on or before May 1st of each year of all the property, both real and personal, of whatever kind they may be seized and possessed of on the first day of April of each year, and any person failing or refusing to make said tax returns within the time prescribed shall be required to pay double tax to said municipal authorities, unless relieved

Page 901

of same by said mayor and council for good cause shown to them. Upon failure of any person to return said taxes the clerk of council shall have the right to return the same at a fair and reasonable value. Tax returns. SEC. 31. Be it further enacted, That the said mayor and council of the town of Hull shall have the right to supervise all tax returns, both real and personal, and when in their opinion any of said property is returned for less than its real value, they shall have the right to increase the returns of any person to the proper value of the property, and when said increase is so made the clerk of council shall notify said person of said increase in his returns, and unless said party shall file with the clerk of council at the next regular meeting after said notice an affidavit stating that he will sell said property for in said affidavit said assessment of the council shall remain valid and binding. If, however, said person shall state the amount for which he will sell said property the assessment shall be reduced to this amount, or a purchaser furnished to buy said property. Each piece of real estate is to be returned separately, and all personal property separate as far as practical. Supervision of tax returns. SEC. 32. Be it further enacted, That said mayor or mayor pro tem., in the absence of the mayor, shall have the authority to bind over or commit to jail offenders against any criminal laws of this State whenever in the course of investigation before such authorities a proper case therefor shall be made out against the offenders. Offenders against laws of State. SEC. 33. Be it further enacted, That the mayor and council shall have the authority to levy and collect annually a street tax not exceeding $3.00 on all such persons between the ages of 16 and 50 years, inclusive. Street tax. SEC. 34. Be it further enacted, That all general laws now in force in the State of Georgia pertaining to municipalities of this class are hereby adopted and made a part of this charter. General laws. SEC. 35. Be it further enacted, That said mayor and council of the town of Hull have the authority to pass such ordinances, rules and regulations for the interest of said town, and for the enforcement of said charter, as they may see fit; provided, the same are not contrary to the laws of the State or of the United States. General welfare. SEC. 36. 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 24, 1905.

Page 902

JEFFERSONVILLE, TOWN OF, CHARTER REPEALED. No. 343. An Act incorporating the town of Jeffersonville, in the county of Twiggs, together with all amendments thereof, said Act hereby repealed being entitled an Act to incorporate the town of Jeffersonville, in the county of Twiggs, and to define its limits; to provide for a mayor and council, and other officers of said town, and to prescribe their duties; to provide for all matters of municipal concern and cognizance, and for other purposes, said Act being approved November 29, 1901, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the taking effect of this Act, as hereinafter provided, the above mentioned Act incorporating the town of Jeffersonville, together with all amendments thereto, be, and the same is, hereby repealed. Jeffersonville, town of, charter [Illegible Text]. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall not take effect until an Act incorporating the city of Jeffersonville, in the county of Twiggs, shall become a law. City of Jeffersonville. SEC. 3. Be it further enacted by the authority aforesaid, That the passage of this Act shall not be construed as repealing any Act heretofore passed, establishing in the town of Jeffersonville a school system or establishing a dispensary for said town, but said Acts are hereby reaffirmed. Schoolsystem and dispensary 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 9, 1905.

Page 903

JEFFERSONVILLE, CITY OF, INCORPORATED. No. 344. An Act to incorporate the city of Jeffersonville, in the county of Twiggs, and to define its limits; to provide for a mayor and council, and other officers of said city; to limit their term of office and to prescribe their powers and duties; to provide for the continuance in office of the present officers of the town of Jeffersonville, and to provide for the succession of the city of Jeffersonville to all of the property of the town of Jeffersonville, both real and personal, and to provide for the continuation of the school system of the town of Jeffersonville, and the dispensary of the town of Jeffersonville and other institutions of said town, to be run under the authority of the city of Jeffersonville, in the same way as heretofore run under the authority of the town of Jeffersonville; to provide for all matters of municipal concern, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the city of Jeffersonville, in the county of Twiggs, be, and the same is, hereby incorporated under the name of the city of Jeffersonville; that the municipal government of the city of Jeffersonville shall be vested in a mayor and five councilmen, who are hereby incorporated under the name and style of the city of Jeffersonville, and by that name and style shall have a common seal, and be capable in law and in equity to purchase, have, hold, receive and retain, to them and their successors in office, for the use of the city of Jeffersonville and estate, real or personal, of whatsoever kind or nature, and by the same name they shall be capable to sue and be sued in any court of law or equity in this State, and to sell, alien, or lease any property belonging to said corporation, or to convey same in any manner whatever. Jeffersonville, city of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the limits of said city shall extend one mile in every direction from the public courthouse well in said city. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the officers of the town of Jeffersonville who have been acting under the Act incorporating said town, approved November 29, 1901, be, and the same are, hereby continued in office as the respective officers of the city of Jeffersonville, incorporated by this

Page 904

Act. The first election to be held under this Act shall occur on the first Wednesday in December, 1905. In the meantime the mayor and other officers now holding office as the officers of the town of Jeffersonville shall continue in office, and shall exercise all of the authority conferred upon said officers by this Act until their successors are elected and qualified. On the date last above mentioned, and biennally thereafter, election for a mayor and five councilmen shall be held, who shall hold office for two years, and until their successors are elected and qualified. At all elections all persons who are qualified to vote for members of the General Assembly of the State of Georgia, and who have been bona fide residents of said city for a term of sixty days immediately preceding said election, and who before registering as hereinafter required have paid all taxes due to and demanded by the proper authorities of said city, and who shall have been duly registered as hereinafter required, shall be qualified voters. All of the elections held for mayor and councilmen of said town shall be held by a justice of the peace of Twiggs county, and two freeholders of said city, or three freeholders thereof, none of whom shall be candidates in said election. The managers shall conduct all elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls shall be opened in any election at some convenient place in said city at ten o'clock a. m. and closed at three o'clock p. m. The managers at said elections, before proceeding with said elections, shall take and subscribe to the following oath: All, and each of us, do swear that we will faithfully superintend this day's election; that we are qualified as required by the charter of the city of Jeffersonville to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe him entitled to do so under the charter of the city of Jeffersonville, or knowingly prevent any from voting who is so entitled, and that we will not intentionally divulge for whom any vote was cast, unless called upon to do so by some court having authority to demand the same, so help us God. Said oath shall be signed by each one of the superintendents in the capacity in which he acts, and shall be signed before any officer of said State authorized by law to administer oaths. In the absence of any such officer, said managers shall subscribe the same before each other. Said managers shall issue to the newly elected mayor and councilmen a certificate of election, showing to what position each person was elected, and shall certify the same to the acting mayor and council. The first named certificate shall be sufficient authority to the

Page 905

person to whom same was issued to enter upon the discharge of his duty, after taking the oath of office hereinafter provided for; and the last named certificate shall be entered upon the minutes of the city of Jeffersonville. Said managers shall furnish one tally-sheet, certified to as being correct, to the mayor and council. In the event of the death, resignation or removal from office of the mayor or any of the councilmen of said city, the vacancy shall be filled by the mayor and council. In case of the filling of the mayor's place, as aforesaid, there shall be necessary three affirmative votes of the councilmen. In the case of the filling of any councilman's place, as aforesaid, there shall be necessary three affirmative votes, which shall be the votes of three councilmen, or the votes of two councilmen and the mayor in case it becomes necessary for the mayor to vote in order to break a tie vote. The mayor and all of the councilmen of said city shall have a notice of at least twenty-four hours of the time that any election is to take place to fill a vacancy on the board of councilmen, and the councilmen are to have the same notice as to the filling of the mayor's place. Said notice is to be given by the person acting as the clerk of said council. Said notice may be waived in writing by those entitled thereto. In case there are not three members of the council remaining after the death, resignation or removal from office mentioned above, the vacancies are to be filled by an election of the qualified voters of said city, to be held on the following first Wednesday after said vacancies occur; provided this day is not nearer than ten days from the occurrence of said vacancies; said election to be called by the mayor, if any, or by the council, or by any member thereof, if any; and, if none, then by the ordinary of the county. The notice of said election is to be given by publishing same in the paper where the sheriff of the county publishes his advertisements, and by being posted before the courthouse door of Twiggs county. Municipal officers; successors, how chosen. SEC. 4. Be it further enacted, That the mayor and councilmen elected at any election shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all of the duties devolving upon me as the mayor (or councilman, as the case may be,) of the city of Jeffersonville, Twiggs county, Georgia, so help me God. Said oath may be administered by any officer who is authorized under the laws of Georgia to administer oaths. Oath of mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said council to open a registration book, or books, for said city thirty days before each regular

Page 906

election for the registration of the qualified voters of said city, which book, or books, shall be kept open from nine o'clock a. m. to twelve o'clock m., and from two o'clock p. m. to five o'clock p. m. of each and every day except Sunday and legal holidays, until five days before the election, when said book, or books, shall fairly and absolutely close. It shall be the duty of the clerk, upon the application in person, and not by proxy, of any male citizens authorized by this Act to vote in said election to register his name, age and occupation. Each person so registering shall do so by signing with his own hand or by his mark the following oath: I do solemnly swear that I am a citizen of the United States; that I have resided in Georgia for twelve months, in the county of Twiggs six months, and in the limits of the city of Jeffersonville sixty days prior to the signing by me of this oath, or that by the time of the next election for said city I will have filled these conditions, if still a resident of said city; that it is my intention to remain a resident of said city until the date of the election for which this registration is taken; and that I am twenty-one years old, or will be by the date of the said election; and that I have paid all taxes required of me by the proper authorities of said city, so help me God. The conditions set out in this oath are the conditions under which any person shall be allowed to vote for the officers of said town. At any called election the registration book, or books, of the preceding regular election shall be used as the qualified list, to which shall be added the names of all persons taking said oath between the calling of the special election and the day before the holding of same. Registration of voters. SEC. 6. Be it further enacted by the authority aforesaid, That any person voting at any election without having the qualifications set out in the above oath, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as provided in section 1039 of the Criminal Code of this State, 1895. Illegal voting. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to pass all ordinances that they may deem necessary for the good government of said city, the protection of health, life, liberty, security and property of the inhabitants thereof, and have all of the right, privileges and powers incident to such corporations, which is not contrary to the laws and Constitution of the United States, or to the laws and Constitution of the State of Georgia. General welfare. SEC. 8. Be it further enacted by the authority aforesaid, That all of the ordinances passed by the mayor and council heretofore acting in and for the town of Jeffersonville, said county of

Page 907

Twiggs, shall remain of force in the city of Jeffersonville as fully as if passed under the authority of this Act. Existing ordinancees SEC. 9. Be it further enacted by the authority aforesaid, That the mayor of the city of Jeffersonville shall be the executive officer of said city, and in his absence or disqualification the mayor pro tem., to be chosen from the councilmen by a majority vote thereof, shall perform all the duties devolving upon the mayor as the executive officer of said city. He shall see that all ordinances of said city are faithfully carried out. He shall have the control of the marshal and police of said city, and shall have the authority to appoint special police whenever he deems it necessary. It shall be his duty to see that the peace and good order of said city is preserved, and that all persons and property therein are fully protected, and to this end he may cause the detention of all riotous and disorderly persons in said town. He shall preside in the mayor's court of said city, which is hereby established as a court for the trial of all persons charged with a violation of the ordinances of said city. He may fine any person convicted in said court to pay a fine not exceeding fifty dollars, or to serve on the streets or other public works of said city for a term of not exceeding thirty days, or to confine said person in the barracks of said city, which may or may not be the common jail of Twiggs county, for a term of not exceeding thirty days, or he may inflict all of said punishment, or any part thereof, upon all offenders so convicted. Mayor's powers and duties SEC. 10. Be it further enacted by the authority aforesaid, That as soon as practicable after each biennial election and the qualification of the newly elected mayor and council, it shall be the duty of the mayor and council to elect a clerk from their own members, or from the citizens of the city. Said clerk so elected shall also be the treasurer of the city of Jeffersonville. Said officers shall also elect a marshal, either a citizen of the city or any whom they shall see fit to choose. The clerk and treasurer and the marshal of said city shall each give such a bond as may be required by ordinance of said city, to be approved by the mayor and made payable to the mayor and his successors in office, conditioned upon the faithful performance of their duties. Officers. SEC. 11. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman of the city of Jeffersonville who has not all the qualifications required of one elected to the General Assembly of the State of Georgia, and who has not lived in said city one year continuously

Page 908

immediately preceding the beginning of the term of office to which he is elected. Eligibility SEC. 12. Be it further enacted by the authority aforesaid, That the clerk and marshal, or marshals, shall receive such salary or compensation as may be fixed by the mayor and council, which shall be subject to change at any time. The mayor and council shall receive such salaries and such exemptions as shall be fixed by a proper ordinance. Salaries. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, and things of like kind, in said city as they may deem proper and just: provided, the same is not repugnant to the laws and Constitution of said State. Specific taxes. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and council may, be proper ordinance, prescribe fire limits in said city, and may in like manner prescribe the kinds of buildings and the kinds of materials to be used in the buildings within said fire limits. Fire limits. SEC. 15. Be it further enacted by the authority aforesaid, That this Act shall not be construed as repealing or in any manner affecting the Act establishing a school system in and for said city, or the Act establishing a dispensary in and for said city. Said Acts, while passed while said city was incorporated as a town, are especially reaffirmed by this Act, and shall continue to be a part of the charter of the city of Jeffersonville until properly repealed. Nor shall any other institution of the town of Jeffersonville be considered as abolished by this Act, unless specially referred to. School system and dispensary SEC. 16. Be it further enacted by the authority aforesaid, That the title to all property heretofore owned by the town of Jeffersonville, both real and personal, shall be vested immediately upon the passage of this Act in the city of Jeffersonville; and all debts owed by the town of Jeffersonville shall become likewise a charge upon the city of Jeffersonville to the same extent as if said debts had been incurred under the charter granted by this Act; it being the intention of this Act to cause the transition of the municipality of Jeffersonville from a town to a city, to be accomplished with as little break in the affairs of said municipality as possible. Municipal property. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council of said city may, by proper ordinance,

Page 909

lay a business tax upon any business or occupation conducted in said city. Business tax. SEC. 18. Be it further enacted by the authority aforesaid, That said mayor and council may, by proper ordinance, impose a street tax upon all male inhabitants of said city subject to road tax under the general law of this State, not to exceed three dollars per annum. Street tax. SEC. 19. Be it further enacted by the authority aforesaid, That said authorities may enforce the collection of said tax by a proper ordinance with a penalty as provided in section 9 of this Act. Taxes, collection of. SEC. 20. Be it further enacted by the authority aforesaid, That the mayor and council shall have the authority to lay and collect an ad valorem tax of not exceeding one per cent. per annum of the assessed valuation of the property in said city. Be it further enacted, That this ad valorem tax shall not be collected unless the dispensary now being run in said municipality shall be abolished, or shall fail to provide ample revenue for the expenses of said city. Advalorem tax. SEC. 21. Be it further enacted by the authority aforesaid, That, in case an ad valorem tax is levied in said city, the clerk of said city shall keep a book for the tax returns for the inhabitants thereof, and, at such times as may be required of them, the inhabitants of said city shall make return of all property owned by them in said city. In case the returns of said tax of said property of any inhabitant are too low, in the opinion of a majority of the members of the council, a notice shall be served upon said taxpayer, citing him, or her, to appear before council at some time fixed in said notice, not nearer than two days from the service thereof, to show cause why said returns should not be raised. The decision of council after a full hearing shall be final. Tax returns SEC. 22. Be it further enacted by the authority aforesaid, That the terms of office of said clerk and marshal, or other person employed by the proper authority of said city shall be in [Illegible Text] pleasure of the mayor and council. Official terms. 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 9, 1905.

Page 910

JENKINSBURG, CHARTER AMENDED. No. 214. An Act to amend an Act entitled an Act to incorporate the town of Jenkinsburg, in the county of Butts, in the State of Georgia, and for other purposes, approved October 24, 1889; to confer additional power on the authorities thereof, and otherwise to amend the charter of said town, and to provide a new charter for same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the town of Jenkinsburg, in the county of Butts, be, and the same is, hereby reincorporated under the name and style of the town of Jenkinsburg, and the Act incorporating the town of Jenkinsburg be so amended, superseded and changed as that the charter of the town of Jenkinsburg shall read as follows: The corporate powers of said town shall be vested in a mayor and five councilmen, who shall, by name of the mayor and council of the town of Jenkinsburg, have power to sue and be sued, plead and be impleaded, and exercise all the powers, and make and execute all contracts that may be necessary to carry out the purposes of this Act for the government of said town; and the corporate limits of said town shall extend one-half mile in every direction from the railroad platform at the station of Jenkinsburg. Jenkinsburg. Corporate powers. SEC. 2. Be it further enacted by the authority aforesaid, That on the first Saturday in December of each year there shall be held an election for mayor and five councilmen, whose term of office shall be for one year, or until their successors are elected and qualified. All elections held under this charter for the election of said officers shall be held under the same rules as elections for members of the General Assembly; and at such elections all persons qualified to vote for members of the General Assembly, who have resided in said town thirty days next preceding such election, and who have paid all taxes due said town and that are required to be paid by the Constitution of the State, shall be entitled to vote. Mayor and councilmen, election of. SEC. 3. Be it further enacted by the authority aforesaid, That before entering on the duties of their office the said mayor and councilmen shall, before some officer authorized to administer [Illegible Text]

Page 911

faithfully discharge all the duties devolving upon me as mayor (or councilman, as the case may be,) of the town of Jenkinsburg according to the best of my ability, so help me God. Oath of mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power and authority to pass all by-laws and ordinances necessary for the government of said town, the safety of its citizens, and the protection of property from fire or otherwise; that they shall have power to punish offenders against its ordinances. Powers of mayor and council. SEC. 5. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to levy a tax not exceeding one-half of one per cent. on all the property, real and personal, in said town, and the same may be enforced by execution issued by the clerk of said town and levy and sale of property as in case of levy and sale of property under executions for State and county taxes; all levies and sales to be made by the marshal or his deputies, and conducted as sales by sheriffs in case of levy and sale of property under tax fi. fas. They shall also have power to require all persons within said corporate limits who are subject to road duty under the laws of this State to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of work on the streets. Taxation. SEC. 6. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to require any person, firm, company or corporation engaged in or carrying on, or who may engage in or carry on any trade, business, calling, vocation or profession within the incorporate limits of said town, to register their names and business, calling, vocation or profession annually, and to require such person, company or association to pay for such registration, and for license to prosecute, carry on, engage in such business, calling or profession aforesaid not exceeding fifty dollars per annum. Licenses. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to take up and impound any horses, mules, dogs, hogs, cows or other cattle running at large in said town, and to pass and enforce all ordinances necessary and proper for the regulation and control of all animals in said town. Stock law. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to pave the sidewalks of said town with brick, cement, stone or any other like substance; the cost of said paving may be charged to the owner of the [Illegible Text] [Illegible Text]

Page 912

owner to pay said cost of paving, execution may issue against the owner of said adjoining or abutting property, and also against said property, and the same be sold as in case of sales by sheriff under levy and sale by tax fi. fas. Sidewalks. SEC. 9. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town for the trial of all offenders against the laws and ordinances of said town, to be held by the mayor in said town as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of the mayor and the mayor pro tem., any one of the councilmen shall hold said court. Said court shall have the power to preserve order and compel the attendance of witnesses, punish for contempt by imprisonment not exceeding ten days, or fine not exceeding ten dollars, or both. Said mayor or acting mayor shall have full power and authority, upon conviction, to sentence any offenders against the ordinances of said town to labor on the public streets or other public works of said town for a period not exceeding thirty days, or to impose a fine not exceeding one hundred dollars, or to sentence said offender to be confined in the guardhouse for a period not exceeding thirty days, either one or more of said penalties may be imposed in the discretion of the mayor. Mayor's court. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and council shall have full and complete control of the streets, sidewalks, alleys, squares and public parks of said town, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets and alleys, and for widening, straightening or otherwise changing the streets and grades of streets and sidewalks and alleys of said town; and whenever said mayor and council shall desire to exercise the power and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands of an owner or a trustee, executor, administrator, guardian or agent in the following manner: The said mayor and council shall appoint one freeholder and give or cause to be given to the owner of the land sought to be condemned, or the trustee, executor, administrator, agent or guardian in whose hands the land may be, five days' notice of the time and place where said freeholders will meet to assess and determine the amount of damages, and the said owner, trustee, executor, administrator or guardian shall appoint one freeholder and said freeholders shall select a third man, and the three men so selected shall, at a designated time, or at such time as they appoint, value, assess and determine the damages

Page 913

and make their award accordingly. In case the owner of the land, trustee, guardian, executor, administrator or agent notified shall fail to appear, or either of those appointed by either party fails to act, another time not more than ten days distant shall be appointed, and if any of the arbitrators fail to act at such time and no others are appointed to fill their places, those acting shall select other freeholders until the board of three is completed, and these three shall make the award. The finding of a majority of those acting shall be deemed the finding and award of the assessors just as effectually as though it had been agreed by all. Said assessors shall make out their finding and award, stating precisely what property is to be taken, and the estimated damages due therefor, and file the same with the clerk of the superior court of Butts county, Georgia, within ten days from the time appointed for the assessors to meet and pass on the amount of damages. In all cases where property sought to be condemned belongs to a railroad company, service of notice on the corporation shall be by serving the nearest agent of the railroad company. Either of the parties shall have the right within ten days after the filing of said award to enter an appeal to the next term of the superior court of Butts county, Georgia, which said appeal may be entered with the clerk of the superior court of Butts county by complying with the law regulating appeals from the justice to the superior court. The town of Jenkinsburg shall have the right, at any time before entering an appeal to abandon the proceedings to condemn or after appeal entered on paying all costs to the time of abandoning the proceeding. Each of said assessors shall be paid two dollars per day for each day they are engaged in estimating the damages and making their awards, which cost shall be paid by the town of Jenkinsburg. Streets, etc SEC. 11. Be it further enacted by the authority aforesaid, That the mayor (and in his absence the mayor pro tem., who shall be elected by the councilmen from their own number) shall be the chief executive officer of said town. He shall see that the ordinances, laws, rules and orders of the council are faithfully executed. He shall have control of the police of said town and may appoint special police whenever he may deem necessary; and it shall be his duty to see that the peace and the good order of the town are preserved, and that persons and property are protected, and to this end he may cause the arrest and the detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, and he may require immediate thereof, and in default of

Page 914

immediate payment he may punish the offender by imprisonment in the guardhouse of said town or by work on the public streets not exceeding thirty days. Mayor's power and duties SEC. 12. Be it further enacted by authority aforesaid, That the mayor and council shall at their first meeting (or at their next meeting after the first, if they deem just and proper) elect from their number a secretary and treasurer, who shall give bond with good security as the board may determine, and also a marshal and a deputy, if necessary, who shall also, if required by the mayor and council, give like bond and security. The bonds herein provided shall be for the faithful performance of their duties, and said officers shall take an oath before the mayor of said town to faithfully perform all the duties devolving on them as such officers. Secretary, treasurer and marshal. SEC. 13. Be it further enacted by the authority aforesaid, That said mayor, secretary and treasurer and marshal and deputy shall have such salaries as the mayor and council shall deem best; provided the mayor's salary shall not be increased during his term of office. Salaries. SEC. 14. Be it further enacted by the authority aforesaid, That the said mayor and council shall have power to tax all shows, auctioneers, pool and billiard tables, persons peddling goods in said town as they may deem best. Specific taxes. 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 23, 1905. JERSEY, TOWN OF, INCORPORATED. No. 221. An Act to incorporate the town of Jersey, in the county of Walton, and define its limits; to provide for the mayor and council and other officers of said town and prescribe their powers and duties; to provide for all matters of municipal concrn and cognizance, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly

Page 915

of the State of Georgia, and it is hereby enacted by authority of the same. That the inhabitants of the territory embraced within limits of one half of a mile in every direction from a point in the center of the road in front of the Bank of Jersey, at the place now called Jersey, be incorporated under the name and style of the town of Jersey, and said town is hereby incorporated. Jersey, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a mayor and four councilmen, who shall have been bona fide citizens resident of said town, for the full term of six months just preceding their election to office. Said municipal government shall be styled the town of Jersey, and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold, own, possess, sell and convey for the use of said town any real and personal property of any kind, or purchase such real and personal property as is necessary for the use of said town. That the said mayor and council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia or of the United States, which they may deem necessary to the government of said town, the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violation of such rules, ordinances, by-laws and regulations, and enforce such penalties when they have been fixed. Corporate name and powers. SEC. 3. Be it enacted by the authority aforesaid, That said mayor and council shall be elected by the qualified voters of said town, on any Saturday after the passage of this Act, after notice is given in writing, signed by five or more of the citizens within said territory and posted at three or more public places within said limits, at least ten days before the day named in said election notice as the day for holding such election for mayor and councilmen for said town. All other elections for mayor and councilmen shall be on the first Saturday in each year. The regular terms of office of the mayor and councilmen of said town shall be for one year, or until the election and qualification of their successors, except when a vacancy occurs by death or resignation or otherwise, when the remaining members shall fill such vacancy of mayor or councilmen by an election held by them for such purpose at any time to fill the unexpired term of the person, or persons, causing such vacancy. Mayor and councilmen, election of.

Page 916

SEC. 4. Be it enacted by the authority aforesaid, That all elections for officers of said town shall be held at some convenient point near the center of said town, and after the same has been selected it shall be known as the voting precinct of the town of Jersey, subject to be changed by the mayor and council after giving ten days' notice in writing, posted at three or more public places in said town. The managers at all elections held in and for said town shall be three freeholders, all to be residents of said town, or a justice of the peace of the county of Walton and two such freeholders, who before entering upon the discharge of their duties shall take and subscribe to the following oath: All of us do swear that we are qualified to hold an election for the town of Jersey under its charter; that we will faithfully superintend this day's election and make a just and true return thereof; that we will let no one vote in this election unless we believe he is entitled to vote in the same, nor will we knowingly prohibit any one from voting who is by law entitled to vote. Said affidavit shall be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in Walton county authorized by law to administer oaths, or if no such officer can be conveniently had, said managers may each take and `subscribe to said oath in the presence of each other. Elections, where and how held. SEC. 5. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from 8 o'clock a. m. till 3 o'clock p. m., when the polls shall be closed and the managers of the election shall proceed to count the ballots, declare and certify the result thereof. They shall keep a list of all the voters who vote in the election, and a tally-sheet showing the number of votes for each person voted for, and when they have counted all the ballots, they shall certify said tallysheet and list of voters on the same, showing that they are correct, and seal them up and deliver them to one of their number to be by him kept sealed, without inspection, for at least 30 days, and at the expiration of said time he shall destroy them, without inspection, unless notice of a contest of said election has been filed. Elections, how held. SEC. 6. Be it further enacted by the authority aforesaid, That all persons residing in the town of Jersey, who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all taxes due by him to said State, county and town, and done all work required of them on the streets of said town, and have resided in said town six months just prior to the day of election, shall be considered electors and entitled to vote

Page 917

in said town elections, and no others shall be allowed to vote therein. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen elected, or appointed, to fill a vacancy as the case may be, shall take and subscribe to the following oath, in addition to the oath required to be taken by all civil officers of this State: I do solemnly swear that I will well and truly perform the duties of mayor (or councilmen, as the case may be,) of the town of Jersey by adopting such measures as in my judgment will most promote the general welfare of the inhabitants of said town and the common interest thereof, so help me God. Oath of mayor and councilmen. SEC. 8. Be it further enacted by the authority aforesaid, That the salaries of mayor and councilmen of said town shall be fixed by them at their first meeting after their election each year, and the same entered on their meeting, and no change shall be made in their salaries during their terms of office; provided, however, the salary of the mayor shall never exceed the sum of fifty dollars per annum. Said mayor and council shall elect their marshals, clerks, treasurer and such other officers as are, in their opinion, necessary to carry out the provisions of this charter, fix their compensation and take such bonds as are necessary and usual in such cases, and prescribe an oath of office to be administered to them before entering on the discharge of their duties. Salaries. Officers. SEC. 9. Be it further enacted by the authority aforesaid, That at the first meeting each year of the mayor and council of said town, they shall elect one of their number as mayor pro tem., who shall have authority to discharge all the duties of mayor whenever from sickness, absence or any cause the mayor is disqualified or can not act. Mayor pro tem SEC. 10. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town for the trial of all offenders against the laws of said town, to be held by the mayor in the council chamber, or some other convenient place in said town, as often as it is necessary. Said court shall have the right and power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment in the calaboose of said town not exceeding five days, or a fine not exceeding five dollars, either one or both. In the absence of or disqualification of the mayor and mayor pro tem. of said town, any member of said council may preside over said court and exercise the powers of a mayor of said town in the trial of cases. Mayor's court. SEC. 11. Be it further enacted by the authority aforesaid, That the said mayor's court shall have full power and authority upon

Page 918

conviction to sentence any offender against the laws of said town to hard labor on the streets of said town, or any other work in said town for a period not exceeding fifty days, or to impose a fine not to exceed fifty dollars, or to sentence the offender to the town prison for a term not exceeding thirty days, either one, or all, of said penalties may be inflicted on an offender after conviction, in the discretion of the court. Penalties. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to remove all nuisances in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinance or resolution. And it shall be their duty to prevent by ordinance and suitable penalties the running at large of stock, horses, mules, cattle, hogs, sheep, goats or other animals in said town, and provide for the impounding of such animals at the expense of the owners thereof, and for the sale of the same to pay the expense of such impounding, including feed bills. Nuisances. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have control of the streets, sidewalks, bridges, alleys, cemeteries and all public property in said town, and they may prohibit any encroachments thereon, or interference therewith, and they shall have power to locate all cemeteries therein. They shall have power to lay off and open new streets and alleys, to widen and straighten any streets and alleys in said town, and for these and other public purposes they may condemn the owners' property in the manner now provided by law for condemning property for public use, the damages to be paid out of the treasury of said town. Streets, etc SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power to pass any ordinances not in conflict with the laws of the State of Georgia, or of the United States, to prohibit the storage, or keeping for any illegal purpose within the corporate limits of said town, any wines, beer, malt, alcoholic or intoxicating drinks of any kind, and to punish any person for violating such ordinances. Storage of liquors. SEC. 15. Be it enacted by the authority aforesaid, That said mayor and council shall have authority to require every male inhabitant of said town who has resided in said town 30 days, and is within the ages of from sixteen to fifty years, to work such length of time on the streets of said town as said mayor and council shall direct, not to exceed ten days for any one year. Said persons so subject to work on the streets shall have the right to

Page 919

relieve themselves from such work by paying to said town authorities a commutation tax not to exceed the sum of three dollars per annum, to be fixed by ordinance, said work to be done and said commutation tax to be paid at such times as the council may prescribe. Any person failing to work when required, and failing to pay such commutation tax shall be punished in the manner prescribed by ordinance. Street work. SEC. 16. Be it further enacted by the authority aforesaid, That in all cases when any taxes, fines, forfeitures, commutation tax, or license fees are not promptly paid when due, the mayor of said town on his own motion shall issue execution against such delinquent for such sums as are due, and it shall be the duty of the marshal of said town to levy the same on any property of the defendant in such fi. fa., and if it be personal property, advertise the same at three or more public places in said town for ten days, and sell property at the expiration of said time on the day named in said advertisement, between the hours of 10 o'clock, a.m., and 4 o'clock, p.m., to satisfy said fi. fa. If it be real property so levied on, said marshal shall return the fi. fa. with his entry of levy thereon, to the sheriff of Walton county, that the property may be by said sheriff advertised and sold in the manner that all sheriffs' sales are made; provided, however, if a claim or affidavit of illegality be filed to such fi. fa. and levy, the same shall be returned to the superior court of Walton county, in case of real property, ten days before the term of court at which it shall be tried, or if said fi. fa. be levied on personal property such fi. fa. shall be returned in like manner to the city or county courts of said county for trial, or if there be no city or county court, said fi. fa. shall be returned to the superior court. In either case, the claim of illegality shall be tried as all other cases of like kind. Executions for dues to municipality. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and council may levy and collect for town purposes a tax not to exceed fifty cents on every $100.00, on all real and personal property in said town subject to be taxed under the laws of the State of Georgia. Said tax to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations, to be found in sections 717 and 718, chapter 3, article 1, page 204, of volume 1 of the Code of 1895 of the State of Georgia. Said property to be assessed at its value on the 1st day of April of each year; provided, however, the taxpayers shall first have the right to give in their tax under oath during the month of April, and when so given in said assessors may in their discretion decrease or increase said tax returns so as to get its true

Page 920

tax value. Said mayor and council shall have the right without reference to said board of assessors, to fix and collect, by execution if necessary, a special tax or license on all kinds of business, callings, professions or occupations carried on in said town, and to punish by proper ordinance any person failing to pay said tax or license fees before engaging in business. Taxation. SEC. 18. Be it further enacted by the authority aforesaid, That said mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all such meetings the mayor, if present, shall preside, and he may vote on all questions, three votes being necessary in all cases to carry any question, or elect any officer by said body. A less number, in the absence of quorum, may adjourn a meeting over to a future time. Meetings of council. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, and shall see that all ordinances, rules, regulations and resolutions of the town are faithfully executed. He shall look after the finances of the town, making reports to the council from time to time, showing the receipts and expenditures of all departments, and the status of said town generally. He shall have general jurisdiction of the affairs of the town, not in conflict with the jurisdiction of the mayor and council as a body corporate. He shall have control of the police of said town, and may appoint special policemen whenever in his judgment it is necessary. He shall have the same powers of a justice of the peace, to attest papers and administer oaths in said town, and to issue warrants for offenses against the State laws committed in said town, and hold courts of inquiry and commit offenders to the county jail, in default of bond, in the same manner and under the same rules and regulations of the justices of the peace of said State. Mayor's powers and duties SEC. 20. Be it further enacted by the authority aforesaid, That the marshal, deputy-marshal, or any policeman lawfully appointed in said town, may arrest without a warrant any person he may see violating any ordinance of said town, or any person reported to him as having violated any ordinance of said town, and carry such offenders before the mayor's court for trial, and to this end may summons any citizen, or citizens, as a posse to assist in such arrest. He shall inform the mayor of the nature of the offense committed by the person or persons arrested, and the mayor shall enter on his docket such charge with a reasonable specification, and the party or parties so charged shall be required to answer to the same without any further written accusation;

Page 921

provided, however, he or she shall at once be notified of the charge so preferred and be given a reasonable time to prepare for trial. Arrests. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor in his discretion, where the ends of justice seem to require it, may allow the accused in his court to give bond for his appearance to answer any charge at some future day fixed by the court, in a reasonable sum with good security, and if the accused fails to appear at the time fixed in his bond, the mayor shall enter on his docket opposite such case the words, Bond forfeited, and at once issue a rule or order requiring the principal and security in such bond to show cause at a future time why said bond should not be absolutely forfeited and judgment entered against them for the full amount of the bond and costs. A copy of said order shall be served on said principal and security by the town marshal or his deputy, at least ten days before the day fixed for the trial of said case, and if said defendants fail to appear, or do appear and fail to show good and sufficient cause why the accused did not appear to answer the charge against him, judgment shall be entered thereon for the amount of said bond and costs, and fi. fa. issued and collected in the same manner that other fi. fas. are collected in said town; provided, that no bond for violating an ordinance of said town shall be required of more than fifty dollars for one offense. Appearance bonds. SEC. 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshals of said town to prosecute all offenders against the State laws, where the offense is committed within the corporate limits of said town, and to that end they shall swear out warrants or cause the same to be done, and arrest such offenders and carry them before the mayor of said town, or some other judicial officer for trial and commitment, and such officer shall hold a court of inquiry and commit or discharge the accused under the same rules that obtain in such cases before a justice of the peace. It shall be the duty of the marshal of said town to keep order in said town, to serve all orders and execute all judgments of the mayor's court, and discharge all other duties imposed on him by the laws, rules, ordinances and regulations of said town, and all orders, processes, writs and fi. fas. shall be directed to the marshal of said town and signed by the mayor thereof. Prosecution of offenders. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall fix by ordinance the fees to be charged by the officers of said town for services performed

Page 922

by them, not to exceed the fees allowed the sheriffs, clerks, tax-collectors and justices of the peace for similar services, and said officers shall never charge or accept under any circumstances any more fees than is allowed by such ordinance. Fees of officers. SEC. 24. Be it further enacted by the authority aforesaid, That the expenditures of said town government and the compensation of its officers shall be paid out of the town treasury, on the order of the mayor, countersigned by the clerk of the council. The treasurer shall keep a book in which he shall enter a true and correct record of all money coming into his hands, with a memorandum showing the source from whence it came, and he shall in like manner make entries on said book of all sums paid out by him, to whom paid, the date of payment, and the nature of the claim paid. He shall also take from the party a receipt for the amount so paid. Said book and receipts to be subject to the inspection of the mayor and council, or any one of them at all times, and to a reasonable inspection by any citizen of said town. Disbursements of municipal funds. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to establish and maintain a chain-gang, for the purpose of working on the streets and elsewhere in said town such persons as are convicted for violating the ordinances of said town and sentenced to work in said chain-gang. And the mayor and council are empowered to pass all necessary rules and laws for the regulation of the same, not in conflict with the laws of Georgia. Chaingang SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority, when they deem it necessary, to appoint three good, intelligent citizens of said town as a sanitary committee, one of whom shall be a member of the town council. That it shall be their duty to visit the different parts of the town at least twice a year, to wit: in the spring and in the fall, and make a report each time as to the sanitary condition of the town, with recommendations as to what is needed to be done. When such report is made in writing by two members of said board, or committee, whether concurred in by the other member, the council shall at once take some action on such report and recommendations, and if there appears no good reason they shall carry out the recommendation of the committee. Sanitation SEC. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 24, 1905.

Page 923

KIRKWOOD, REGISTRATION OF VOTERS. No. 17. An Act to authorize the town of Kirkwood to require registration of voters for all elections, and to provide for same. 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 Kirkwood, through its governing authorities, the mayor and council, shall have full power and authority to provide for the registration of voters, prior to any municipal election in the said town, whether the same be for the election of officers, voting on the issue of bonds, or for the establishment of public schools, or otherwise, and to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered as aforesaid. Said mayor and council shall have full power by ordinance or resolution to regulate the date of opening and closing the registration books before each and every election held in said town of Kirkwood; provided that the registration books shall always be open at least 15 days before each and every election, and must close in all elections three days before the election; to constitute and appoint the marshal of the town of Kirkwood, or any other person that the mayor and council may designate, as registrar of the said town, to fix his compensation as said registrar, and when so appointed to require him to perform the duties of said office. That the registration intended under this Act shall take effect at such time as the said mayor and council of the town of Kirkwood shall fix by ordinance. Kirkwood; registration of voters. SEC. 2. All laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 2, 1905. LAGRANGE, DISPENSARY, LAW OF, AMENDED. No. 261. An Act to repeal an Act entitled an Act to amend an Act to establish a dispensary in the city of LaGrange, approved December 18, 1902, and to provide the manner of selecting commissioners for said dispensary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State

Page 924

of Georgia, That an Act entitled an Act to establish a dispensary in the city of LaGrange, by making the ordinary of Troup county the chairman of the board of roads and revenues of Troup county, and the mayor of the city of LaGrange dispensary commissioners for the LaGrange dispensary, approved December 18, 1902, be, and the same is, hereby repealed. LaGrange; SEC. 2. Be it further enacted, That there shall be three commissioners known as the commissioners of the LaGrange dispensary, who shall hold their offices for the years from the date of their appointment, and until their successors are appointed and qualified. Said dispensary commissioners shall be appointed by the judge of the superior court of the Coweta circuit. The present dispensary commissioners shall hold their offices until the first of January next, and at the expiration of that time the said judge shall appoint three dispensary commissioners for the term of three years each, who shall hold their offices until their successors are appointed. They shall receive a compensation not exceeding two hundred ($200) dollars each. The ordinary, chairman of the board of commissioners of roads and revenues of said county of Troup, and the mayor of the city of LaGrange, shall be ineligible to hold the office of dispensary commissioners after the term of the present commissioners expires. All vacancies shall be filled by said judge. Dispensary commissioners, appointment etc. SEC. 3. Be it further enacted, That said commissioners shall keep such books as may be needful, showing the amount of liquors bought, the date thereof, from whom bought, and the price paid, and the profit made by the sale thereof; and shall, as far as possible purchase such liquors direct from bonded distillers, but may exercise a reasonable discretion in such purchase; that said dispensary commissioners shall adopt a system of checking such liquors into the sale room, and may adopt such rules as may be necessary to preserve good order and restrict drunkenness. The books and accounts shall be audited once every twelve months by an expert accountant. Books, etc., of commissioners SEC. 4. Be it further enacted, That it shall be unlawful for any of said dispensary commissioners, directly or indirectly, to receive any present or future gift or benefit while in office from any person selling any intoxicating liquors to said commissioners, and a violation of this section, on conviction, he shall be punished as for a misdemeanor. Malpractice. SEC. 5. Be it further enacted, That all laws in conflict with this Act be, and they are hereby repealed. Repealing clause. Approved August 23, 1905.

Page 925

LAWRENCEVILLE, CORPORATE LIMITS EXTENDED. No. 405. An Act to amend section three of the charter of the city of Lawrenceville, Georgia, approved August 15, 1904, by extending the corporate limits thereof so as to include the residence of J. L. Hagood, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, that section three of the Act of the General Assembly of Georgia, approved August 15, 1904, creating a new charter for the city of Lawrenceville, Georgia, be, and the same is, hereby amended by adding to said section the following words: Provided, however, that the residence of J. L. Hagood, on Mechanic street, shall be, and is, included within said corporate limits. so that when so amended said section shall read as follows: Section 3. Be it further enacted that the corporate limits of said city of Lawrenceville shall extend one half of a mile in an air line in every direction from the center of the court-house, as now situated in the public square in said city; provided, however, that the residence of J. L. Hagood shall be, and is, included within said corporate limits. Lawrenceville; 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 22, 1905. LAWRENCEVILLE, SALE OF INTOXICATING LIQUORS. No. 475. An Act to amend section 48 of an Act incorporating the city of Lawrenceville, Georgia, approved August , 1904, empowering the mayor and council of said city to enact ordinances preventing the delivery of and receiving intoxicating liquors and whiskies within the corporate limits of said city; to provide penalty for violating the same; to provide for seizure and disposition of said intoxicants, and for other purposes.

Page 926

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that section 48 of the Act of the General Assembly of the State of Georgia, approved August , 1904, incorporating the city of Lawrenceville, Georgia, be, and the same is, hereby amended by adding at the end thereof the following: Said mayor and council are hereby further authorized and empowered, in the exercise of the police power of said city, to enact ordinances preventing the delivery within the corporate limits of said city, of wine, beer, whiskey, or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances providing for a penalty for so doing. Said city is further authorized and empowered to enact ordinances preventing any company, corporation or person whatever from receiving such intoxicants within the corporate limits of said city from any corporation or person whomsoever, and to enact ordinances providing for a penalty for so doing. Said city is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to the city of such intoxicants within the corporate limits of said city and for the disposition of the same by sale or otherwise, in the hands of any corporation, company or person whatever. Said city is further authorized and empowered in the exercise of its police power to provide for and enact any other ordinance looking to the regulation, restriction, suppression, or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said city, whether by high license, prohibitory tax or otherwise; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and intrastate shipments as distinguished from shipments from beyond the State and interstate commerce. Lawrenceville; delivery or reception of liquors. 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 23, 1905.

Page 927

LEESBURG, CHARTER AMENDED. No. 561. An Act to amend the Act approved December 21, 1898, entitled an Act to establish a new charter for the town of Leesburg, in the county of Lee, 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, by striking therefrom the words town of Leesburg and town, and inserting in lieu thereof city of Leesburg and city. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved December 21, 1898, incorporating the town of Leesburg, in the county of Lee, be, and the same is, hereby amended by striking from the third, sixth and thirteenth lines of section 1 of said Act the words the town of Leesburg and inserting in lieu thereof the words the city of Leesburg; also by striking from the twenty-second line of said section 1 of said Act the word town and inserting in lieu thereof the word city, so that section 1 of said Act shall, when amended, read as follows: Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the municipal government of the city of Leesburg, in the county of Lee, 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 Council of the City of Leesburg, and by that name and style shall succeed to all the rights and liabilities of the present corporation of the town of Leesburg, and shall have perpetual succession, and shall have power and authority to make, ordain and establish from time to time such by-laws, ordinances, resolutions, rules and regulations as shall appear to them necessary and proper for the good government, security and general welfare and interest of the said city of Leesburg and the inhabitants thereof, and for preserving 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

Page 928

common seal, to hold all property, real and personal, now belonging to said town, or which may hereafter be acquired; to acquire real and personal property by gift, purchase or otherwise as may be necessary for the use of said city, and to use, manage, sell, lease, improve or rent any of said property as may be deemed advisable for corporate interest. Leesburg; charter amended by striking the word town and inserting the word city. SEC. 2. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby amended by striking from said Act wherever the same may occur, the word town and inserting in lieu thereof the word city. Hereby incorporating the municipality of Leesburg, in Lee county, as a city, and said municipality is hereby declared to be one of the cities of this State. Leesburg; charter amended by striking the word town and inserting the word city. SEC. 3. Be it further enacted, and it is hereby 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 19, 1905. LELA, TOWN OF, INCORPORATED. No. 544. An Act to incorporate the town of Lela, in Decatur county, Georgia; to provide for the election of a mayor and council for said town; to provide for the government of said town; to authorize the establishment of a public school in said town; to provide for the support of said town government and the support in part of said public school; to limit the rate of taxation, 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 Lela, in the county of Decatur, be, and the same is, hereby declared to be incorporated under the name and style of the town of Lela, and as such shall be entitled to sue and be sued, plead and be impleaded, and to do such other acts as may be authorized by this Act. Lela, town of, incorporated SEC. 2. Be it furthe renacted by the authority aforesaid, That the corporate limits of said town of Lela shall be five-sixteenths ([UNK]) of a mile in every direction from the center of lot of land

Page 929

number ten (10) in the fourteenth (14th) district of Decatur county. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That P. S. Cummings is hereby appointed mayor of said town, and Jas. L. Gilmore, W. C. Husbands and J. F. Langford are hereby appointed councilmen of said town, to hold their offices until their successors are elected and qualified. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That an election shall be held on the first Wednesday in January, 1906, and on each succeeding first Wednesday in January of every two years thereafter, for mayor and three (3) councilmen, to serve two years, 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 Lela who are qualified to vote for the members of the General Assembly of the State of Georgia shall also be qualified to vote for the mayor and councilmen of said town. The person receiving the highest number of votes for the office of mayor shall be declared duly elected, and the three persons receiving the highest number of votes for the office of councilmen shall be declared duly elected, and as soon as they take the oath of office shall enter upon the discharge of the duties of their respective offices. Election of successors. SEC. 5. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen shall subscribe the following oaths, which may be administered by any person authorized by the laws of this State to administer oaths: I do solmenly swear that I will discharge all duties devolving upon me as mayor, or councilman, as the case may be, of the town of Lela, to the best of my ability and understanding, so help me God. Oath of mayor and councilmen. SEC. 6. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town and protection of property from loss by fire or damage therein; provided, they be not repugnant to the Constitution and laws of Georgia and of the United States. General welfare. SEC. 7. Be it further enacted, That said mayor and councilmen shall have power and authority to levy and collect taxes, not to exceed one per cent. upon all property, both real and personal, within the corporate limits of said town; the collection of said taxes may be enforced by execution issued by the clerk in the name of the mayor, and the levy and sale of the property as in

Page 930

other cases of sale of property. All the levies of the tax executions shall be made by the marshal or his deputy, and all sales shall be conducted as the sales of the sheriff of this State in case of levy of tax executions. The said mayor and councilmen shall also have the power to require all persons within the 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 (14) days in each year, or they may prescribe a commutation tax not to exceed three dollars ($3.00) per capita, which may be paid in lieu of the work upon the streets. 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 own number, shall be chief executive officer of said town. It shall be his duty to see that ordinances, by-laws, rules and orders of the councilmen are fully executed, and he shall have control of the police of said town, and he may appoint such police whenever he may deem it necessary, and it shall be his special duty to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all rioters and disorderly persons in said town; he shall have power to issue executions for all offenses, 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 all offenses, penalties and costs imposed, he may imprison the defendant to work upon the public streets of the town of Lela for any time not to exceed 60 days. Mayor's duties and powers. SEC. 9. Be it further enacted, That said mayor and councilmen, at their first meeting after they have been qualified, shall elect a clerk, who may be one of their own number, or any citizen of said town, and also a treasurer, and at the same time they shall also elect a marshal, and if necessary a deputy-marshal. These officers, before entering upon the discharge of their duties, shall be required to take and subscribe to the oath before the mayor that they and each of them will well and faithfully discharge their several duties as clerk, treasurer, or marshal, as the case may be, to the best of their skill and knowledge. Officers. SEC. 10. Be it further enacted, That the clerk, treasurer and marshal shall receive such salaries as the councilmen may deem just and proper, said salaries to be determined before their election. Salaries. SEC. 11. Be it further enacted, That said mayor and councilmen

Page 931

shall have the power to establish and maintain within the corporate limits of said town of Lela a public school, which may be supported in whole or in part by public taxation on all businesses and properties within said town, as said mayor and councilmen may determine; that they may appoint any five discreet male persons, either residents or non-residents of said town, as trustees of said public school, and shall conduct the same under the general laws of said State regulating the government of schools. Public school. SEC. 12. Be it further enacted, That in the event the office of mayor or any councilman shall become vacant by death, resignation, removal or other cause, the remaining members of the council shall have the authority to elect a mayor or councilman, as the case may be, for and during the unexpired term of the mayor or councilman, whose office has thus been vacated. Vacancies. SEC. 13. That said mayor shall have jurisdiction to try all persons charged with violating any law or ordinance, rule or regulation of said town, and to punish such person, when properly convicted, by a fine not to exceed $100.00, imprisonment in the calaboose of said town not to exceed thirty (30) days, and to work at hard labor on the streets or such other public works in said city, not to exceed sixty (60) days, any one or all of these punishments may be imposed in the discretion of the mayor trying the offense. Said mayor shall be ex officio justice of the peace, and empowered to issue warrants for offenders against the said laws, to bind every such offender, and to have such jurisdiction in said town as may be necessary, to act as committal court, and shall have power to issue a mittimus directing the sheriff of Decatur county to receive such offender as may be committed for trial, and deliver them to the proper courts. Mayor's court. SEC. 14. Be it further enacted, That the mayor and councilmen levy such taxes, not to exceed one per cent. per annum, on the property in said town, both real and personal, as may be necessary in their judgment to defray the expenses of said town, and to enact and adopt such ordinances as may be necessary for the carrying out of this power. Said mayor and councilmen shall also have authority, in addition to the ad valorem tax above provided for, to levy and collect a business tax upon all tables, alleys, on which games are played, other games of similar contrivances, also to levy a tax on all circuses, shows or amusements exhibiting publicly for an admission fee. Said mayor and council also have the power to levy and collect such licenses upon any or all business occupations of different kinds carried on in said town

Page 932

for any length of time, as they may see proper, and to enforce the collection of the same as in the case of other taxes; provided, that no taxes shall be levied upon persons selling county products, when the same is grown or produced by the vender or the person for whom the vender is acting. Taxation. SEC. 15. Be it further enacted, That the power to grant the privilege to sell intoxicating liquors of any kind whatsoever is expressly denied said mayor and council, and the same shall never be exercised under this charter. Sale of liquors. SEC. 16. Be it further enacted, That said mayor and council shall have the power to open, alter, cut, and keep in good order, repair or close the roads, streets, and alleys, city walks, horse ways, street crossings, and ditches, for the use of the public and the citizens thereof, and keep them free from obstruction, and abate, or cause to be abated, what, in the opinion of the majority of the said council, should be a nuisance, and enact all necessary rules and regulations to protect the health of the town and for general sanitary purposes. Streets, etc SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 23, 1905. LESLIE, CHARTER AMENDED. No. 589. An Act to amend an Act incorporating the town of Leslie, in Sumter county, Georgia, approved December 22, 1892, so as to amend the charter of Leslie by reducing the corporate limits of said town to one half mile in every direction; also to make all property, whether real or personal, within said corporate limits, subject to taxation; also to amend said charter so as to provide for the establishment of fire limits, with power to enforce 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 section (3) three of the Act approved December 22, 1892, entitled an Act incorporating the town of Leslie, in Sumter county, Georgia, be, and the same is, hereby amended by striking out the word three-fourths (3/4) in the second line of said

Page 933

section three (3) and inserting in lieu thereof the word one-half (1/2); said section, when amended, shall read as follows: Sec. 3. Be it further enacted, That the corporate limits of said town shall extend one half mile in every direction from the center of corporation where Bailey avenue and Wilson street cross in said town. Leslie Corporate limits SEC. 2. Be it further enacted by the authority aforesaid, That section (11) eleven of said Act, approved December 22, 1892, entitled an Act incorporating the town of Leslie, be, and the same is, hereby amended by striking out the following words in said section eleven, to wit: except farming lands in bodies of five acres or more not laid off in town lots, and woodland in bodies of five acres or more not laid off in town lots; said section, when so amended, shall read as follows: Section 11. Be it further enacted, That the mayor and council shall have power and authority to levy and collect an ad valorem tax not exceeding one half of one per cent. upon all property, both real and personal, which is taxable by the laws of this State; said tax to be for the purpose of defraying the general expenses of the town government. Ad valorem tax. SEC. 3. Be it further enacted by the authority aforesaid, That said Act, approved December 22, 1892, entitled an Act incorporating the town of Leslie, be, and the same is, hereby amended by adding a new section to said Act, as follows: Section 29. Be it further enacted, That the mayor and town council of Leslie shall have power to fix and establish fire limits, and from time to time to enlarge, restrict or change the same; within which fire limits as established it shall not be lawful for any one to build or cause to be built, other than fireproof buildings except by special permission of said mayor and town council of Leslie, which must be unanimous; and in case of an offense against ordinances passed in pursuance of this Act the said mayor and town council of Leslie, after five days' notice given, shall cause the said not fireproof building or buildings to be removed at the expense of the owners or builders thereof, to be colected by execution as other executions issued by the mayor and town council of Leslie; and the said mayor and town council of Leslie shall have the sole and exclusive right to determine what are or are not fireproof buildings. Fire limits. SEC. 4. Be it still 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 August 23, 1905.

Page 934

LINWOOD, CHARTER AMENDED. No. 62. An Act to amend an Act incorporating the town of Linwood, in the county of Walker, approved December 18, 1901, by striking from section 15 of said Act the words, to be estimated by the board of education of said county upon any plan which said board may adopt in distributing the public school fund to the county schools of the county. Second. By striking all of section 16 after the word taken and inserting in lieu thereof the following: and they shall prepare and furnish to the county school commissioner each year a list or census of all the children living in said town entitled to the State school fund, and the said county school commissioner shall pay over to such person as may be authorized to receive the same the pro rata share of the public school fund, according to the number of children of school age in said town as compared with the number of children of school age in the county. Third. By striking all of section 17, and inserting in lieu thereof the powers and duties of the board of trustees of the public school of said town. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 15 of said Act entitled an Act to incorporate the town of Linwood, in the county of Walker, approved December 18, 1901, be, and the same is, amended by striking from said section the following words: to be estimated by the board of education of said county upon any plan which said board may adopt in distributing the public school fund to the county schools of the county, so that said section, when amended, shall read as follows: That the school commissioner of the county of Walker is hereby authorized and required to pay over to such person as the mayor and council of the town of Linwood may authorize to receive the same for the use of said free schools under such rules and regulations as said mayor and council may prescribe, the proportion of the common school fund arising from any source belonging to said town, to be by said town authority expended in the establishment and maintenance of said free schools as authorized by the Constitution and laws of the State. Linwood; Pro rata share of public school fund.

Page 935

SEC. 2. Be it further enacted by the authority aforesaid, That section 16 of said Act be amended by striking out all of said section after the word taken in the fourth line of said section, and inserting in lieu thereof the following: And they shall prepare and furnish to the county school commissioner each year a list or census of all the children living in said town entitled to the State school fund, and the said county school commissioner shall pay over to such person as may be authorized to receive the same the pro rata share of the public school fund, according to the number of children of school age in said town as compared with the number of children of school age in the county, so that said section, when amended, shall read as follows: That the mayor and council of the town of Linwood shall immediately upon their qualification and annually thereafter, cause a school census of the children of said town within the school ages to be taken, and they shall prepare and furnish to the county school commissioner each year a list or census of all the children living in said town entitled to the State school fund, and the said county school commissioner shall pay over to such person as may be authorized to receive the same the pro rata share of the public school fund, according to the number of children of school age in said town, as compared with the number of children of school age in the county. School census. SEC. 3. Be it further enacted by the authority aforesaid, That section 17 of said Act be amended by striking all of said section and inserting in lieu thereof the following: That the board of trustees appointed under section 14 of said Act shall devise, design and adopt a system of thorough instruction in the public schools of said town, 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 elect, contract with, appoint, remove, and suspend teachers in their discretion; to fix the salaries of teachers; to fix such incidental or matriculation fees as they may deem proper; to provide 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 provide and establish rules as to the terms upon which children living out of said town may enter said schools, and to perform such other lawful acts as may be necessary and conducive to the proper and successful operation of the public schools of said town. Board of trustees, powers of. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 21, 1905.

Page 936

LOGANVILLE, TOWN OF, INCORPORATED. No. 353. An Act to incorporate the town of Loganville, in the counties of Walton and Gwinnett and define its limits; to provide for a mayor and council and other officers of said town and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory embraced within the limits of one-half mile in every direction from a point just in front of the justice's court-house of the 417th district, G. M., Walton county, be incorporated under the name and style of the Town of Loganville, and said town is hereby incorporated. Loganville, town of, incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a mayor and six councilmen, who shall have been bona fide residents of said town for a term of six months, and of said State twelve months before their election, and they shall be otherwise qualified to hold office under the laws of said State. Said municipal government shall be styled the Town of Loganville, and by that name are made a body corporate; as such they shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, hold, use, possess, sell, buy and convey for the use of said town, real or personal property of any kind; may sue and be sued, plead and be impleaded, and pass such by-laws, ordinances, rules and regulations as the mayor and council may deem necessary for the good government of said town, the protection of property therein, for the peace, good order, health, comfort and convenience of the citizens thereof, and fix suitable penalties for the violations of the same, and do all other things necessary to carry out the provisions of this charter, or the by-laws, ordinances, rules and regulations legally passed under the same, not in conflict with the Constitution and laws of Georgia and the United States. Mayor and councilmen, corporate powers. Sec. 3. Be it further enacted by the authority aforesaid, That said mayor and council shall be elected on the first Monday in December, 1905, and on the first Mondays in each year thereafter annually, by the qualified voters of said town who are entitled to vote under the laws thereof; and their term of office shall be for

Page 937

one year after their election, or until their successors are elected and qualified; except when a vacancy occurs either by the death, resignation, or otherwise in the office of mayor or a councilman, when a special election may be called by the remaining members of said board by giving at least thirty days' notice to be posted at three or more public places in said town, stating the day of such election and the purpose of the same, at which time said election shall be held under the same rules and regulations that other elections are held in said town, for mayor and councilmen. All elections to be held at the court-house in said town, or mayor and council's chamber in said town, wherever it may be. Mayor and councilmen; election of Sec. 4. Be it further enacted by the authority aforesaid, That the managers at said elections shall be a justice of the peace and two freeholders, or three freeholders, all of said freeholders to be residents of said town, and before entering on the discharge of their duties as managers of said election they shall each subscribe to the following oath, to wit: All and each of us do swear that we will faithfully superintend this day's election, that we are a justice of the peace and two freeholders (or three freeholders), residing in the town of Loganville; that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the laws of said town, nor will we knowingly prohibit any one from voting who is by law entitled to vote in the election in which he offers to vote, said affidavit to be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the town of Loganville or the county of Walton qualified to administer oaths, or if no such officer can be had, said superintendents or managers may swear each other, all taking and subscribing to said oath. Election managers. Sec. 5. Be and it is further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from 9 o'clock a. m. until 4 o'clock p. m., when they shall be closed and the managers of said election shall proceed to count the ballots, consolidate the returns and declare and certify the result of such election. They shall keep two lists of voters and two tally-sheets, and shall make a certificate of the result on each tally-sheet and place one list of voters and one tally-sheet in the ballot box with the tickets voted in said election, seal them up and turn the same over to the clerk of council, who shall keep the same twenty days after the election, and after said twenty days he shall destroy them without inspection, unless notice of a contest of said election has been filed, and in that case he shall keep them till said contest is decided. The other tally-sheet and list shall be turned

Page 938

over to the marshal of the town to be kept by him in like manner, without inspection. Elections, how held. Sec. 6. Be it further enacted by the authority aforesaid, That all persons who have resided in said town of Loganville three months prior to said election and in said State six months, and is then a bona fide resident of said town, and who is qualified to vote for members of the General Assembly of said State, who have paid all taxes due by them, either State, county or municipal, and done all the work required of them on the streets of said town, and shall have registered legally, as required by the laws of said town as hereinafter provided, shall be considered electors and entitled to vote in the elections held in and for said town, and no others shall be entitled to vote in any elections in said town, for mayor and councilmen, bonds or otherwise. Voters. Sec. 7. Be it further enacted by the authority aforesaid, That the clerk of the town council shall keep a book in which the voters of said town shall register their names and ages, or if the person who desires to register can not write his name, the clerk shall sign his name for him in said book, after the applicant has read or the clerk has read to him the following oath written or printed in said book, the person swearing and subscribing to the same: I do solemnly swear that I am twenty-one years old, or will be by the time of the election next to be held in and for the town of Loganville; I have resided in the State of Georgia six months, or will have resided in said State six months by the time of said election; I have resided in the town of Loganville three months, or will have resided in said town three months by the time of said election; I have paid all taxes required of me by said State, the counties thereof and the town of Loganville and done all the street work required of me, and am in all respects qualified to vote in said election. If the clerk of council be sick, absent or otherwise prevented, the mayor may appoint some person to perform the duties of the clerk provided in this section. Registration of voters. Sec. 8. Be it further enacted by the authority aforesaid, That said clerk of council shall open said registration book thirty days before the day on which any election shall be held for any purpose in and for said town, and shall proceed to register the voters of said town as heretofore provided, and shall keep said book open until ten days before the day of such election, when he shall close said book and allow no other person to register; and shall immediately file said book of registered voters with the registrars of said town hereinafter provided for, said clerk writing his certificate at the close of said list of registered voters, stating that the same is a true and correct list of all the voters registered by him, and

Page 939

that he has not allowed any one to register that was not in his opinion entitled to register and vote under the laws of said town, in the election next to be held. Registration of voters. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall within thirty days after their election and qualification, appoint two intelligent and upright freeholders of said town, who are otherwise qualified to hold office to be known as registrars of voters for the town of Loganville, the said mayor and council having the right to fill vacancies in said board of registrars at any meeting of the mayor and council when a quorum is present; and it shall be the duty of said registrars to receive said certified list of voters from the clerk of council at the time before mentioned, and to proceed to examine said list of registered voters and from it make out two complete lists of the qualified voters of the town of Loganville. Said registrars shall place no name on said lists that do not appear on the list filed with them by the clerk, unless it be made to appear to them that such name or names were illegally kept off said list; and they shall be satisfied that all names taken from the clerk's list by them are qualified voters in the next election to be held before they place said names upon the lists prepared by them, to be known as the correct registered lists of voters. Registrars Sec. 10. Be it further enacted by the authority aforesaid, That in preparing said lists and investigating the qualifications of voters, said registrars shall have the same power to subpoena witnesses and compel their attendance, hear evidence under oath to be administered by either of them, and punish for contempt, that the mayor of said town has under this charter while holding his court; and they shall have the same power to require the marshal of said town to subpoena witnesses for them and perform other services necessary to said investigation. Powers of registrars. Sec. 11. Be it further enacted by the authority aforesaid, That said registrars, after they have completed said lists, shall certify the same to be complete and correct lists of the legally qualified registered voters of said town, and on the day on which the election is to be held for which said lists were prepared, at the time of opening the polls, shall place said lists in the hands of the managers of said election, and said managers shall permit no person to vote in said election whose name does not appear on said lists, under any pretense whatever. Registration lists. Sec. 12. Be it further enacted by the authority aforesaid, That any person who shall register in the book kept by the clerk heretofore referred to, who is not entitled to register under the laws of said town, or if the clerk or person charged with the duty allows

Page 940

any person to register whom he knows is not entitled to register in said book, or if the registrars of said town place any name on the lists prepared by them whom they know is not a legal voter for said town election, or if any person procures another to register who is not entitled to register, or if the clerk or registrars shall knowingly make a false certificate to said lists, for any one of said violations by any one of the persons named, or by anybody, the person so offending shall be guilty of a misdemeanor under the laws of said State and on conviction punished as such. Illegal registration. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and councilmen elected at a regular election, or to fill a vacancy, before entering upon the duties of his or their office, shall in addition to the oath prescribed by law for all public officials found in section 234 of the Code of Georgia of 1895, take and subscribe to the following oath: 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 Loganville, by adopting such measures as in my judgment will most promote the general welfare of said town and the common interest thereof, so help me God. Oath of mayor and councilmen. Sec. 14. Be it further enacted by the authority aforesaid, That the salaries of the mayor and councilmen of said town shall be fixed by them at their first meeting after their election, commensurate with the duties to be performed by them, and a record of the same made on the minutes of that meeting, said salaries not to be changed during their terms of office; provided, the salary of the mayor shall in no year exceed the sum of one hundred dollars. They shall also as soon as convenient if it can not be done at the first meeting, elect a mayor pro tem. and fix his salary, who shall discharge the duties of mayor, when the mayor is sick, absent, disqualified, or from any cause can not act. They shall also elect a clerk of council, treasurer, tax receiver, tax collector, marshals and such other officers as are necessary to carry out the provisions of this charter, and fix their compensation, as soon as practicable. Vacancies may be filled by the mayor and council at any meeting. The clerk and treasurer may be elected from the council, or any other person qualified to hold office in said town may be elected to fill these places, and the same person shall be eligible to hold at the same time the offices of clerk, tax collector and tax receiver. The mayor and council may prescribe an oath to be taken by each of said officials to be administered by the mayor, or any other person qualified, and provide for taking bond with good security conditioned for the faithful discharge of their duties and for all money coming into their hands. Salaries. Officers.

Page 941

Sec. 15. Be it further enacted by the authority aforesaid, That the mayor of said town and each councilman shall be ex officio justices of the peace in and for said town for the purpose of issuing warrants for offenses against the penal laws of said State committed within the corporate limits of said town, and for trying and committing to jail in default of bond, offenders against said laws, and the jailers of the counties in which the offense is committed shall be required to take and keep such offender. And whenever it appears, in the course of an investigation in the mayor's court of said town, that a case has been made out for the violation of any penal law of the State, it shall be the duty of said mayor, in default of such bond as may be required, to bind over said offender to appear in any court having jurisdiction of the offense, or commit such offender to the county jail of the county in which the offense was committed; and the sheriff or jailer of such county shall be required to receive said offender under the same rules that govern in committals from other courts. Punitive powers of mayor and councilmen. Sec. 16. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall meet for the transaction of business at such times as they may prescribe. In all meetings a quorum shall be necessary to transact business, to wit: a mayor and four councilmen. The mayor, or mayor pro tem., as the case may be, shall preside over all meetings, but shall not be permitted to vote except when there is a tie. If at any meeting there is not a quorum present, the presiding officer may adjourn such meeting over to some future time. Meetings of mayor and councilmen. Sec. 17. Be it further enacted by the authority aforesaid, That said mayor and council shall keep a minute book, on which the clerk shall enter all proceedings of each meeting of the mayor and council, all reports of committees, including reports of all town officers, and especially all reports as to the finances of said town. They shall also enter on such book all by-laws, ordinances, rules and regulations passed by said mayor and council. Record books. Sec. 18. Be it further enacted by the authority aforesaid, That said mayor and council shall provide by ordinance for the punishment of all offenders against the ordinances, by-laws, rules and regulations of said town, by fine, imprisonment in the town prison, or working in the town chaingang on the streets or elsewhere in said town, either one or all of said penalties for the same offense; provided, they shall pass no ordinance making such fine more than $100, the imprisonment not exceeding thirty days, the work on the chaingang not exceeding ninety days, either one or all of said penalties in one case for the same offense. Penalties. Sec. 19. Be it further enacted by the authority aforesaid, That

Page 942

there shall be a mayor's court in said town for the trial of all offenders against the laws and ordinances of said town, to be held in the council chamber. Said court shall be held by the mayor, or in his absence or disqualification the same shall be held by the mayor pro tem., or in the absence and disqualification of the mayor and mayor pro tem., any member of the council may hold the said court that may be designated by the other members thereof. Said court shall have power to preserve order, compel the attendance of witnesses, punish for contempt by imprisonment in the town prison for a term not exceeding ten days, or a fine of not exceeding ten dollars, either or both; and after the trial of offenders against the laws and ordinances of said town, pass sentence on the offender and see that the same is executed by the proper authorities; provided, said sentence does not exceed the limitations heretofore prescribed. Mayor's court. Sec. 20. Be it further enacted by the authority aforesaid, That the marshal, deputy marshal, or any special policeman of said town may arrest without a warrant, any person he may see violating any ordinance of said town, or any person reported to him as having violated any of said ordinances, and bring the offender before the mayor's court for trial; and to this end may summons any citizens of said town as a posse to assist in such arrest. When brought before the mayor's court, a written or printed accusation shall be preferred against such offender in manner and form as follows: State of Georgia, town of Loganville. I, , marshal of said town (or deputy marshal, or special policeman of said town, as the case may be), in the name and in behalf of said town of Loganville, charge and accuse with the offense of (here state the offense substantially), committed in the town of Loganville on day of contrary to the laws of said town, the peace, good order and dignity thereof. This day of , which shall be signed by such officer making such arrest, or the town marshal as prosecutor; and when such accusation is preferred, the same shall be sufficient to hold the accused till the trial of the case, and he or she shall be tried on the same at once unless bond be given with good and sufficient security for the appearance of such offender at such time as may be required; such bond to be adjudged of and approved by the said marshal or arresting officer, and if the accused fails to appear at the time fixed for the trial, and from time to time until the final disposition of the case, then such bond may be forfeited by the said mayor's court and execution issued thereon by the clerk of council, by first issuing a rule nisi and causing copies of the same to be served on the principal and his sureties ten days before the time set for trial of the same by the mayor. Such rule

Page 943

shall be signed by the mayor and said copies made by the clerk and placed in the hands of the marshal or his deputy, and he shall serve the same. If there is no defense filed by the parties to said bond said mayor shall adjudge the same forfeited, entering judgment against such parties for the principal, interest and costs, or if there is a defense filed he shall try said case and if such defense is not sustained he shall enter judgment as aforesaid, but if such defense is in law good and is sustained by evidence he shall enter a judgment for the defendants. On such forfeitures the mayor shall issue fi. fa., put it in the hands of the marshal and cause the same to be levied on the property of the defendants, the money made on shall be converted into the treasury of said town. Arrests. Sec. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal of said town to prosecute all offenders against the laws of the State of Georgia for crimes and misdemeanors committed within the limits of said town of Loganville; it shall be his duty to arrest, or cause to be arrested, all disorderly persons, and all persons committing or attempting to commit any crime or misdemeanor, and to commit them to the town prison or other place of confinement to await trial and it shall be his duty to execute all processes and orders of the town and the mayor's court, and to discharge any and all other duties imposed upon him by the laws, ordinances, rules or regulations of said town. Prosecution of offenders. Sec. 22. Be it further enacted by the authority aforesaid, That all processes, writs, executions, tax fi. fas. and orders issued in behalf of said town shall be directed to the marshal of said town and signed by the mayor thereof and the clerk of council and all sales under any execution or process of said town shall be made by the marshal of said town or a lawful deputy, and if personal property it shall be advertised by posting a notice of such sale at three or more public places in said town showing the time and place of sale and giving a description of the property and the process under which it is to be sold, ten days before the day of sale; or if it be real estate, the same shall in like manner be advertised for four weeks in a newspaper published in the county of Walton. All sales by the marshal shall take place in front of the council chamber in said town and between the hours of 10 o'clock a. m. and 4 o'clock p. m., and when a claim of illegality is filed to such levy (which shall be governed by the same rules that govern the filing of claims or illegalities in the courts of said State, to which the same are made returnable under this section), the marshal shall not sell such property; but in case of personal property the claim or illegality shall be returned to the county or city court

Page 944

of Walton county, or, if there be no county or city court of said county, then the same shall be returned to the superior court of said county, and in case a claim or illegality is interposed to the sale of real estate, the same shall be returnable to the superior court of said county. Executions, etc. how enforced. Sec. 23. Be it further enacted by the authority aforesaid, That the officers of said town shall charge such fees for the services required of them under the laws of said town as the mayor and council may prescibe by ordinance, not to exceed the fees paid clerks, sheriffs, bailiffs, tax collectors, and justices of the peace for like services; said fees to be collected by them, and if required by council shall be turned into the treasury of the town of Loganville; but if there is no ordinance to the contrary, said officers may retain such fees as part compensation for the services performed by them, the council being left free to pass such ordinance on this subject as may seem to them best for the interest of the town. Fees of officers. Sec. 24. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to pay its officers and all other legal expenditures of said government out of the town treasury, by an order drawn by the mayor and countersigned by the clerk of council, on the town treasury for such amount as may be due, or in the absence of the mayor such order may be drawn by the mayor pro tem. Said treasurer shall keep a book in which he shall make an entry of all sums of money received by him and from what source, and all sums paid out by him, to whom and for what purpose paid. The said book shall be subject to the inspection of the mayor and council, or of either, at any and all times; and it shall be subject to a reasonable inspection by any citizen of the town of Loganville, as all other public records are. Disbursements of municipal, funds. Sec. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to establish and maintain a chain-gang to be worked upon the streets of said town, or at such other work in said town as the authorities may direct, and to pass all ordinances and to adopt such rules and regulations as are necessary for the maintenance and regulation of the same, and may provide by ordinance for the punishment of escapes in the same manner as for violations of other ordinances under which said person or persons escaping are convicted. Chaingang Sec. 26. Be it further enacted by the authority aforesaid, That the said mayor and council shall have superintendence and control of the streets, sidewalks, bridges, alleys, and all public squares, parks and cemeteries of said town, and may prohibit and remove all

Page 945

obstructions or encroachments therein or thereon, or interference therewith; and they shall have power to regulate and control the location of cemeteries and the burial of the dead within the corporate limits of said town. They are vested with power to lay out and open new streets or alleys, to widen, change or straighten any of the streets, sidewalks or alleys of said town and to assess whatever damages any property holder may incur by any such laying out, widening or straightening streets, which damages shall be paid out of the treasury of said town. Said assessments for damages shall be made in the manner provided by law for condemning and assessing property condemned for public purposes, where the town authorities and the owner fail to agree on the measure of such damages. Streets, etc Sec. 27. Be it further enacted by the authority aforesaid, That the said mayor and council shall have power to remove or abate any nuisance in any part of said town, whether on the streets, sidewalks, or elsewhere in the town, under such rules and in such manner as they may prescribe by ordinance or resolution not in conflict with the laws of this State. And it shall be their duty to prevent by such penalties the running at large of stock, horses and mules, cattle, hogs, sheep or goats, within the town limits, and to provide for the impounding of the same under suitable ordinances. Nuisances. Sec. 28. Be it further enacted by the authority aforesaid, That the said mayor and council may levy and collect for town government purposes a tax, not to exceed one dollar on every one hundred dollars' worth of taxable property in said town that may at the time being be taxable by the laws of the State of Georgia. In all cases the order levying taxes shall be recorded on the minutes of the mayor and council and shall specify for what purpose it is levied, and how much for each purpose. That all persons owning or holding any property taxable by law within the corporate limits of said town on the first day of April of each year after the approval of this Act shall return the same for taxation, under oath, at any time from the first day of April up to and including the first day of June in each year to the tax receiver of said town; said property to be assessed by the board of assessors appointed or elected by the mayor and council as provided by law in the Code of Georgia of 1895, chapter three, article one, sections 717 and 718. Taxation. Sec. 29. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to fix and collect a special tax or license on all kinds of business, calling, profession or occupations carried on within the corporate limits of said town; they shall have power to tax, license, control and regulate all

Page 946

opera houses or other places of amusement, livery stables, hacks, drays, and other vehicles used for hire, vendue masters, auctioneers, theatrical performances, shows, circuses and all exhibitions of all kinds, peddlers and all itinerant traders (save such as are excepted by the laws of said State), every keeper of a billiard, pool or bagatelle table kept for public use or gain of any kind, every keeper of a shooting gallery or ten-pin alley, or the keeper of any other table, place or stand for the performance of any game or play, whether played with sticks, balls, dice, rings or other contrivances; also any person running a flying jenny or flying horses, bicycles, velocipedes or skating rinks for gain; they shall have power to fix penalties against any and all persons carrying on of said occupations or exercising any of such privileges without having first obtained a license and the tax required of them. Specific taxes. Sec. 30. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power to fix and establish fire limits, within which as established it shall not be lawful for any person to build or cause to be built other than fireproof buildings, except by special permission of the mayor and council duly assembled, and from time to time said mayor and council may enlarge, restrict or change said fire limits; they shall have power to provide a fire department and a system of fire alarms, and in case of an offense against such fire regulations the said mayor and council, after having given five days' notice in writing, shall cause any building not fireproof so erected in violation of such ordinances to be removed at the expense of the owner or builder thereof, to be collected by execution to be issued in the same manner of other executions for the actual cost of such work; and said mayor and council shall have the right to determine what are and what are not fireproof buildings within the meaning of said ordinances; the said mayor and council shall have the right to remove any forge or blacksmith shop when in their opinion it is necessary to insure safety against fire; they shall have the power to have any stove or stovepipe or chimney, or other thing which shall endanger said town as to fire, to be removed or remedied at the expense of the owner in their discretion, such expense to be collected by execution. Fire limits. Sec. 31. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power to pass any ordinance not in conflict with the Constitution of the State of Georgia or the United States and laws thereof, to prohibit the storage or keeping of wines, beer, malt, alcoholic or intoxicating liquors of any kind for any illegal purpose within the corporate

Page 947

limits of said town, and to punish any person for violating the said laws or ordinances. Storage of liquors. Sec. 32. Be it further enacted by the authority aforesaid, That the mayor and council shall have complete control of the manufacturing, wholesaling and retailing of spirituous, vinous and malt liquors in said town, whenever by existing laws of this State it may be lawful to manufacture or to sell at wholesale or retail such liquors in said town; and to that end said mayor and council shail have power to grant or refuse to grant license to sell or to manufacture, to prescribe how and in what manner such liquors shall be sold or manufactured, and to prescribe such regulations for the management of such places where the same may be sold or manufactured as to them may seem reasonable and proper, and to require bond and security to keep a decent and orderly house and to observe the ordinances, rules and regulations so prescribed. No license fee under this section shall be less than five hundred ($500.00) dollars per annum to retail, sell by wholesale or manufacture such liquors; provided, that nothing herein contained shall be construed to confer upon said mayor and council power to license such sale at wholesale or retail, or to manufacture such liquors under the law now in force. Sale of liquors. Sec. 33. Be it further enacted by the authority aforesaid, That said mayor and council shall have power, after each election, to select one physician, who, with two members of the council to be appointed by the mayor shall constitute the board of health or sanitary committee of said town, a majority of whom shall be a quorum for the transaction of business. It shall be the duty of said board of health to meet monthly, or as much oftener as is necessary, to visit every part of the town, and to report to the mayor and council all nuisances which are likely to endanger the health of the town or any citizen thereof. The mayor and council shall have power to cause such nuisances to be abated and the recommendation of the board of health to be carried out, in a summary manner, at the expense of the party whose act of negligence caused such nuisance, or of the owner of the property upon which the same may be located, if such owner is at fault. The mayor and council shall have power, upon the recommendation of the board of health, to require the owners or occupants of lots or cellars, within the town limits, to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located, and in case of failure or refusal by such owners or occupants to do so after a reasonable notice to them, or their agents, to comply with the requirements of the mayor and council as to such draining and filling, it shall be lawful for said mayor

Page 948

and council to have the work done and the amount expended thereof collected by execution against the owner or occupant of the lot or cellar, as the case may be, the same to be issued in the manner as other executions provided by this charter, and a sale under said execution shall pass a complete title to said property so sold to the same extent that sales under execution pass title to property. Board of health. Sec. 34. Be it further enacted by the authority aforesaid, That when any person, firm or corporation shall fail to pay any tax or license fee due said town, the party charged with the collection of the same shall make his report of such default to the mayor of said town, whose duty it shall be to issue fi. fas. against such delinquents, or against the property that has not paid the tax, as other executions are issued by him, which executions shall be placed in the hands of the town marshal or his deputy, and said execution shall by him be levied and collected as other executions herein provided for, and all sales made under such tax executions shall pass to the purchaser as complete a title to the property as a sale under a tax fi. fa. issued for State and county tax. Tax fi. fas. Sec. 35. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to require every male inhabitant in said town between the ages of sixteen and fifty years to work such length of time on the streets of said town as said mayor and council shall direct, not to exceed ten days for one year. Said persons so subject to work on the streets shall have the right to relieve themselves of such work by paying a commutation tax, which the mayor and council shall fix by ordinance, and which tax shall in no event exceed three dollars for one year; said work to be done and said commutation tax to be paid at such times as the mayor and council may direct. Any person subject to work on said streets who shall fail to work or pay such commutation tax after being properly notified shall be punished as may be prescribed by said mayor and council. Street work or commutation tax. Sec. 36. Be it further enacted by the authority aforesaid, That the mayor of the town of Loganville shall be the chief executive officer of said town, and shall take care that the orders, by-laws, ordinances, rules and regulations of said town are faithfully executed. He shall have general jurisdiction of the affairs of said town; he shall have control of the police of said town and may appoint special policemen whenever in his judgment it is necessary; and he shall have the same powers as a justice of the peace to witness and attest papers in said town, to administer oaths, to issue criminal warrants and hold courts of inquiry. He shall require reports to be made by the different departments and

Page 949

officers of said town, from time to time, and just prior to the election in every year for mayor and council, or at least ten days before such elections, the mayor shall make a written report to the council showing the exact condition of said town and its finances, and the general status of all matters of public interest. Said council shall have the right to publish said report and pay for the same out of the town treasury, and whether or not said report is so published, it shall be entered on the minutes of the meeting at which it is submitted, and be subject to the inspection of the citizens of said town. Mayor's powers and duties Sec. 37. Be it further enacted by the authority aforesaid, That the mayor and council of said town may at their discretion establish, erect, equip and maintain a system of waterworks in and for said town, with or without a sewerage system, and do such work and lay such pipes on the lands of others, in or outside of said town, as is necessary; and to buy or condemn and assess the damages therefor, as is now provided by law, either in or outside of said town, such land as is found necessary for the purpose of erecting and maintaining such system. They shall have authority at all times, and from time to time, at their discretion, to call elections and submit the matter of issuing bonds to raise money to erect and establish such a system of waterworks, to the voters of said town, as is now provided by law in the matter of issuing municipal bonds; and if such election be carried, to issue the amount of bonds so carried, and sell such amount of them as is necessary to raise the funds to erect and establish such system of waterworks. They shall have power to create by ordinance such offices and elect all officers necessary to carry out the provisions of this section in building, equipping and maintaining said systems of waterworks; to fix the terms of office of such officers and their compensation; provided, such officers shall not be eligible to hold their offices more than four years in succession; and do all other acts, not in conflict with the laws, necessary to carry out this provision. Waterworks. Sec. 38. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power, at their discretion, to erect, establish and maintain a system of electric lights in and for said town, and to buy, or condemn if necessary, lands and assess the damages therefor, in the manner now required by law, in or outside of said town, necessary for the erection, establishment and maintenance of said system of electric lights. That said mayor and council shall have authority at all times, and from time to time at their discretion, to call elections and submit the matter of issuing bonds to raise money to erect, establish and maintain such system of electric lights to the voters of

Page 950

said town, as provided by law in the matter of issuing municipal bonds; and if such election be carried, to issue the amount of bonds so carried and sell a sufficient amount of the same to erect, establish and equip such electric light plant. They shall have authority to create by ordinance such offices and elect such officers as is necessary to carry out this provision of their charter and maintaining such system of electric lights; to fix the terms of office of such officers and their compensation for service; provided, that such officers shall not be eligible to hold such offices more than four years in succession. They shall have authority to do all other necessary things and acts, not in conflict with the law, to carry out the intention of this provision. Electric lights Sec. 39. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to grant franchises for the erection of waterworks, electric lights, and for other purposes of public benefit and convenience, to private parties or corporations for a term or terms of years, and upon such terms and for such consideration as may seem equitable and just between the parties to such contract. Such contracts or grants shall be approved by a resolution or ordinance entered on the minutes, and when so done the contract between the town and such party to whom the franchise may be granted shall be signed by the mayor and countersigned by the clerk of council in behalf of said town, and properly signed by the other party. Franchises Sec. 40. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to pave, repair and improve the streets and sidewalks of said town, and in order to carry into effect this provision of law, they shall have full power and authority to assess the costs of constructing, paving, repairing or otherwise improving said streets and sidewalks on the real estate and rights of way abutting on such streets and sidewalks so paved or otherwise improved. And said mayor and council shall have authority to assess the costs of keeping in repair and in condition suitable for travel any and all the streets and sidewalks of said town, now laid out or hereafter laid out, on the real estate or rights of way abutting such streets or sidewalks. Street improvements. Sec. 41. Be it further enacted by the authority aforesaid, That the amount of each assessment for constructing, paving or otherwise repairing or improving the streets or sidewalks of said town shall be a lien on the real estate and rights of way abutting the same, from the date the work is done, and execution may be issued for the amount of such assessment as other executions are issued by said town, against said property and the owner thereof, and levied on such property, and the same may be sold to

Page 951

satisfy such execution in the same manner that other sales are required to be made under the provisions of this charter. Said mayor and council may make such assessments by a general ordinance, requiring all property owners to keep their sidewalks and streets in repair, authorizing the necessary work to be done by the officers charged with such duties; or they may make such assessments by special ordinances concerning certain streets or sidewalks then needing repair. Assessments for street improvements, how collected. Sec. 42. Be it further enacted by the authority aforesaid, That it shall be the duty of any person or corporation who owns or may hereafter own any franchise or right of way through the public streets of said town to keep such streets in good repair along such right of way or franchise, and in good condition for vehicles to pass through such street or streets, and when such street or streets are not in good repair it shall be the duty of the street committee of said town to notify the owners thereof and specify the work to be done; and if such owner does not put the same in good repair in ten days after receiving such notice, the street committee shall report the same to council, who may proceed to have the work done under proper ordinance or resolution; and if there is no such covering the case they may pass such ordinance and assess the expenses for such work against such property and its owner and issue executions against the same, levy on the property and sell it to satisfy such execution. Rights of way. Sec. 43. Be it further enacted by the authority aforesaid, That the defendants in the tax executions referred to in the two preceding sections shall, in case they desire to contest the legality of such executions, have the right to file affidavits of illegality denying the whole or any part of such debt to be just or due, which affidavit shall be received by the levying officer, provided the party pays over any sums admitted to be due, and such sales shall be suspended and the affidavit or affidavits returned to the superior court of the county in which the defendant resides, to be there tried as other affidavits of illegality, subject to the same penalties of the law in case it should appear that the affidavit is filed for delay. All titles made to purchasers under such tax fi. fas. shall be good and valid, as other titles under tax fi. fas. for State and county tax. Affidavits of illegality. Sec. 44. Be it further enacted by the authority aforesaid, That the mayor and council of said town may call an election to be held in and for said town to determine the matter of issuing bonds to build and equip a schoolhouse, or enlarge the present house in said town, the amount of such bonds to be fixed by them and submitted to the voters of said town in the manner

Page 952

now provided by law for issuing municipal bonds. Such election shall be submitted to the qualified voters of said town who have registered for said election, and the person desiring to vote for such bond issue shall have written or printed on their tickets the words For issuing school bonds, and those desiring to vote against such bond issue shall have written or printed on their tickets the words Against issuing school bonds. School bonds. Sec. 45. Be it further enacted by the authority aforesaid, That if said election is not carried, the mayor and council may, after six months, and from time to time in periods of not less than six months, call other elections for the purpose named in the preceding section, till an election is carried for issuing such school bonds, always conforming to the laws of the State and the provisions of this charter in regard to elections and the qualification and registration of voters for such election. Other elections. Sec. 46. Be it further enacted by the authority aforesaid, That when such election is carried for school bonds, the mayor and council shall issue and sell such bonds and turn the proceeds of them over to the board of education of said town to be by them used in building and equipping a schoolhouse in and for said town, or adding to the present school building, as the case may be. Proceeds of bonds. Sec. 47. Be it further enacted by the authority aforesaid, That when such election is carried for school bonds, the mayor and council shall within sixty days elect a board of education, after giving ten days' written notice of the time and place of such election at three or more public places in said town, consisting of six good, upright and intelligent men, who have resided in said town six months before the day of their election, and who are otherwise qualified to hold office, for a term of two years from the day of their election as to three of said members, and one year as to the other three members, so that at the expiration of said one year and every year thereafter three new members shall be elected, the regular term of office being two years. No member of said board shall be eligible to hold such office more than two regular terms in succession. That all such elections shall be held in the mayor and council's chamber. Board of education. Sec. 48. Be it further enacted by the authority aforesaid, That the board of education as aforesaid shall have the control and management of said school and school property, as well as all funds from any source coming to said school, including the public school fund in case the said school is made a legal public school, and the disbursement of such funds; they shall have control and direction of the school to be conducted in said building, or in the town in case public schools are established; they shall have the

Page 953

right and it shall be their duty to elect teachers for such school or schools, or employ such teachers as the case may be, and to exercise all other acts of control, direction and supervision usually exercised by such boards of education, whether such school shall be run in the usual way, and the said town establishes public schools. Powers of Board of education. Sec. 49. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to establish and maintain a system of public schools in said town, to be operated under the supervision of the board of education of said town, under such rules and regulations as may be prescribed by them not inconsistent with the provisions of law on such subject; and for the purpose of maintaining the same said mayor and council may levy and collect a special tax on the property in said town as the other taxes are collected; provided, they shall comply with the provisions of the general laws on the subject of collecting and levying such special tax; or said mayor and council may raise such funds as are necessary in any other legal way and appropriate the same for the establishment and maintenance of such public schools in said town. When the funds herein provided for shall have been collected the same shall be paid over to the treasurer of the board of education, who shall disburse said money as directed by said board, but in no case shall he pay any sum out without an order signed by the chairman of said board and countersigned by the clerk thereof, and when so paid he shall take a voucher for the same and enter it on his books, and said book and vouchers shall always be subject to the inspection of the board and the mayor and council, and to a reasonable inspection of the citizens of said town. A treasurer and clerk shall be appointed by said board from their body, the treasurer always being required to give a good and sufficient bond, to be increased at any time to a sum double the amount of money in his hands. System of public schools. Sec. 50. Be it further enacted by the authority aforesaid, That when a public school system is established in said town it shall be free to all children residing in the town between the ages of six and eighteen years; but others may be admitted in school of any age, whether they live in said town or not, by paying the regular tuition rate prescribed. The free schools for whites and blacks to be so far away from each other as to cause the least friction possible. The title to all school property to be taken in the corporate name, to wit: the town of Loganville. School children. Sec. 51. Be it further enacted by the authority aforesaid, That this charter, when passed by the Legislature and approved by the

Page 954

Governor, shall go into effect as soon as the old charter of said town of Loganville has been repealed, and all the rights, property, easemnets and privileges of said town of Loganville under the old charter shall be, and the same are, hereby transferred to the new town of Loganville as established and incorporated by this charter; and all the liabilities and indebtedness of said old town shall likewise be assumed by said new town of Loganville as established and incorporated under this charter. Corporate rights and liabilities. Sec. 52. Be it further enacted by the authority aforesaid, That the present mayor and council of the old town of Loganville, to wit: George Garrett, mayor, and Tryon Smith, A. J. Garrett, J. W. Braswell, H. S. Okelly and J. B. Gurley, shall be, and they are, hereby made the mayor and council of the town of Loganville as established by this charter, to hold their offices till the first election and qualification of a mayor and council of said town at the time provided for by this charter. They shall at once elect the registrars provided for, to prepare the registration lists to be used in the first election to be held under this charter, or elections as the case may be; said mayor and council shall do all other acts necessary to carry out the provisions of this charter. Mayor and councilmen now in office. Sec. 53. 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 24, 1905. LOGANVILLE, CHARTER REPEALED. No. 629. An Act to repeal an Act incorporating the town of Loganville, in the county of Walton, clothing it with municipal powers and privileges, with all amendments thereto. Said charter and amendments appear in the Acts of the General Assembly of 1887, pages 508 to 516; Acts 1889, pages 1366 to 1367; Acts of 1898, pages 347 and 348, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the acts incorporating the town of Loganville, in the county of Walton, conferring upon it municipal powers and privileges, with all the amendments thereto, be, and the same are, hereby repealed. Said charter, or acts incorporating said town are to be found in

Page 955

the Acts of the General Assembly of 1887 pages 508 to 516, Acts of 1889, pages 1366 and 1367, Acts 1898, pages 347 and 348. Loganville, ville, town of, charter repealed. Sec. 2. Be it further enacted by the authority aforesaid, That this Act shall repeal any and all conflicting laws. Repealing clause. Approved August 22, 1905. LOVEJOY, CHARTER AMENDED. No. 239. An Act to amend an Act approved September 25, 1891, incorporating the town of Lovejoy, in Clayton county, Georgia, to give the mayor and council the power enumerating in section 696 of the Code of Georgia, to provide for the laying out and the working of the streets, to levy and collect taxes, to pass all needful ordinances, to abate nuisances, and to have the power to declare what are nuisances; to impose and collect license tax; to provide for a system of revenues for said town; to amend the rate of taxation by amending section 8 of the Act of 1891, by making the tax rate collectable five-tenths instead of three-tenths of one per cent. for ordinary expense, and for extraordinary expense, water and lights or improvements of the streets not exceeding one per cent.; to provide for the assessing and collection of taxes, 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 section 8 of the Act passed September 26, 1891, be amended by striking three-tenths in the third line and inserting in lieu thereof five-tenths, so that said section will read when amended: That the mayor and council of the town of Lovejoy shall have power and authority to levy and collect a tax of not exceeding five-tenths of one per cent. for ordinary expenses, and not exceed one per cent. for water, lights, or extraordinary expenses, upon all the property within the limits of said town of Lovejoy. Lovejoy; taxation. Sec. 2. Be it further enacted, That from and after the passage of this Act the municipal government of the town of Lovejoy, in Clayton county, Georgia, shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate with perpetual succession, and shall have power to make and pass such ordinances, rules and regulations as may be deemed necessary for government, security and welfare of said town of Lovejoy

Page 956

and the citizens thereof, for the preservation of the health, morals, peace and good order of the same. The mayor and council of Lovejoy shall have power to lay off, vacate, close up or alter, improve and light the streets and sidewalks of said town, and to remove obstructions in the same. To prevent all animals from roaming at large and to provide the manner of keeping the same. To protect places of divine worship, to abate or cause to be abated anything deemed to be a nuisance. To prescribe for the material, structure and location of buildings in said town; and for guarding against fire; to preserve peace and good order therein; and for this purpose may appoint police and night watchmen, when necessary; to define their duties and to fix their salaries and term of office. To provide for the assessing, levying, advertising and sale of property to pay taxes. To regulate and charge and collect a license or business tax. To have and exercise all powers, duties given to municipal corporations by the public laws of the State which are not in conflict with this Act. Mayor and councilmen, powers of. Sec. 3. Be it further enacted, That the mayor and council shall have power to pass any ordinance necessary to carry into effect the powers above enumerated, or order, resolution or by-law necessary to enforce the same. Sec. 4. Be it further enacted, That the corporate name shall be the mayor and council of Lovejoy, and by said name shall have the power and authority to contract and be contracted with, to sue and be sued, to have and use a common seal, to hold and acquire property by gift or purchase, for the use of the town, to manage, sell or lease the same, who shall be elected and hold their office as is provided in sections 3, 4, 5 and 6 of the Act of 1891. Corporate name. Sec. 5. The elections held under the provisions of this Act shall be held by any two freeholders resident in said town, to be appointed by the mayor. Said managers shall be sworn to conduct said elections fairly and impartially, and to allow no one to vote who is not justly entitled to do so under the law, nor knowingly prohibit any one from voting who is so entitled. They shall conduct said elections in the same manner and under the same rules as govern elections for State and county officers, except that they shall be required to keep only two voters' lists and two tally-sheets. The oath of the managers may be administered by any officer of this State authorized to administer oaths, or by the mayor. The polls shall be open at 9 a. m. and close at 3 p. m. They shall certify the results of the election, stating the number of votes that each person received, and turn over said certificate and ballots, lists and tally-sheets to the council then in office, who shall at their next meeting declare the results. Said managers

Page 957

and clerks shall receive such compensation as may be allowed by the council then in office. Elections, how held. Sec. 6. The mayor and council shall provide by ordinance for the registration of all voters in said town, for the punishment of illegal registration of all voters in said town, for the punishment for illegal registration, when said books shall be opened, by whom kept, and when closed. Registration of voters Sec. 7. The mayor shall be the chief officer of the town, and shall act as chairman of the body in all deliberations, unless disqualified, absent or excused by the council, in which event any member may preside or act as such under the title of mayor pro tem., and all his acts shall be as binding and legal as if done by the mayor. They shall also elect from the citizens of the town a marshal, who shall hold his office subject to the will and pleasure of the council. They shall also elect a clerk and treasurer from the citizens of the town. These officers shall be separate or combined, in the discretion of the council. Mayor, powers of officers of council. Sec. 8. The salaries of the officers of the council, including clerk, treasurer and marshal, shall be fixed at the meeting of each successive council. Salaries. Sec. 9. The mayor or acting mayor shall have the power to try all offenders against the ordinances of said town at any time, to continue cases, to assess bail for the appearance of the accused party, whenever he deems the ends of justice require it. He shall have the power to compel the attendance of witnesses resident within or without the limits of said town. He shall have authority and power to impose as penalties for violations of said ordinances of said town such punishment as the ordinance may prescribe, not exceeding fifty dollars' fine, or not exceeding thirty days' labor on the public works of the town, except in cases especially mentioned in this charter providing for a different punishment. He shall have power to punish contempts of court by a fine of not exceeding ten dollars or twenty days' work on the public works of the town, either in his discretion. Mayor's court. Sec. 10. Any person convicted in the mayor's court shall have the right to appeal to the council; such appeal must be made in writing immediately after conviction, and the cost must be paid or a pauper's affidavit made thereof at the time of filing appeal. For the purpose of trying appeals the council may convene at any time. They shall have the power to reduce, increase, modify or nullify the previous sentence. Pending the appeal the accused shall be allowed to give bail for his appearance, if able to do so; otherwise he shall be confined in the calaboose or prison. The person before whom the case was originally tried may conduct the examination of witnesses, unless counsel be employed, and

Page 958

he shall be disqualified from sitting as a member of the court of appeals. Appeals from mayor's court. Sec. 11. Any person, from having seen the crime committed, or upon the information of others, may go before the clerk, or in his absence or disqualification, before any member of the council, and have a warrant for the arrest of the offender. All warrants shall bear the test of the mayor and council and shall be signed by the clerk or the member of council issuing same. Warrants for arrests. Sec. 12. The mayor and council shall have the power to levy and collect annually an ad valorem tax not exceeding one-half of one per cent., for ordinary current expenses of mayor and council, for extraordinary expenses, such as lights, water, permanent improvements, and all extraordinary expenses as are authorized by this Act, not to exceed the amount allowed to municipal corporations under the laws of this State. The mayor and council shall appoint three freeholders, citizens of said town, whose duty it shall be to assess all the real estate for taxation and make a return thereof to the mayor and council under such rules and ordinances as they may provide for same, and at such time as they may designate. Ad valorem tax. Sec. 13. Be it further enacted, That the mayor and council shall have full power and authority to revoke any license granted under the provision of this charter, for any violations of the laws and ordinances regulating and granting or issuing of said license. Licenses. Sec. 14. Be it further enacted, That said mayor and council shall have full power and authority to establish, maintain and operate a complete system of sanitary sewerage and drainage in and around said city, and to acquire any property or rights, either within or without said city, necessary and appropriate for carrying this into effect; and in all cases where it becomes necessary to take or use private property or injure private rights, and the said mayor and council and the owner or owners can not agree as to the amount of compensation or damage to be paid, the same shall be assessed as provided for by law for condemning property. Sewerage and drainage. Sec. 15. Be it further enacted, That said mayor and council shall have power to prescribe by ordinance such other rules as the mayor and council, in its discretion, may deem necessary to grade, pave, drain, macadamize or curb the streets and alleyways in said town; to enforce by execution the cost thereof against adjacent property owners and railroad companies; to provide how the agents or owners thereof shall be served with notice, by personal service or by publication. Street improvements. Sec. 16. That all executions issued against property owners

Page 959

for paving, grading, macadamizing, constructing side drains, cross drains and crossing, and otherwise improve the roadway or street proper, or sidewalk of said town, as above provided, shall be issued as other executions. Executions for street improvements. Sec. 17. Be it further enacted, That said mayor and council shall have the authority to compel the owners of the property to pave or otherwise keep in good order and condition as they may direct the sidewalks in front of said property; they may restrict the operations of any ordinance passed in pursuance of the power conferred in this Act to any designated part of the town, or in any way they may deem best. Should any owner fail or refuse to comply with any ordinance passed in pursuance of this section, the work may be done by the town and the expense attending the same collected by execution issued against the owner. Sidewalks Sec. 18. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to create and establish a fire department in said town, provide and pay for equipment thereof, purchase anything necessary therefor, and make all needful regulations for its proper maintenance. Fire department. Sec. 19. Be it further enacted by the authority aforesaid, That the town council shall have the power and authority to provide by ordinances when the taxes of the said town shall be due and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when payable. Sec. 20. The payment of all taxes shall be enforced by executions; said executions shall be issued by the clerk after the last day allowed by the council for the regular payment of same. All executions shall bear test of the name of the mayor and council of Lovejoy, and shall be signed by the clerk, who shall deliver them to the marshal. The marshal shall proceed to collect the same at once, if necessary, by levy and sale of any of the defendant's property found within the limits of the town. All executions issued by authority of this Act shall bind all of the defendant's property from its date of issue, and shall rank as other liens for taxes, subject to the laws of the State. All executions shall be directed to the marshal or deputy marshal of said town, and all sales made by them shall be made in the same manner as constable sales, on first Tuesday of each month, at the council chamber or place of meeting of the mayor and council, the same to be advertised by posting notices thereof for ten days at three places in said town, except in case of levy upon live stock or anything liable to deteriorate in value by keeping, in which case the property may be sold after three days' advertisement. In case of sale

Page 960

of realty the marshal is hereby empowered to make the purchaser a deed to same and put him in possession of the premises. Executions, how issued and enforced. Sec. 21. In addition to the ad valorem taxes heretofore mentioned, they shall 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, trades or peddlers plying their vocation or offering other wares for sale in said town, except such profession, business or callings, or persons that the State law exempts from taxation. All specific taxes or licenses mentioned in this section shall be paid to the marshal or clerk before the person shall engage in 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 cost, or in default be imprisoned in the calaboose, or work on the public works not exceeding thirty days, and in case of corporations or non-resident firms, the agent who represented 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. 22. The mayor and council shall have full power and authority to lay out, widen, straighten, open, close, alter, drain and keep in good repair all roads, streets, alleys, 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 as damages; when damages are claimed as a result of appropriating private lands for streets, ditches or other public improvements, and if the council and the owner thereof can not agree on the price to be paid, the same shall be submitted to arbitration of three freeholders resident in said town, each party to choose one, and the two selected shall choose the third man, who, after having been duly sworn before some officer authorized to administer oaths, or the mayor, to do justice and equity before both parties, shall proceed to assess the damages resulting therefrom, after duly considering the advantages, if any, derived by the owner of the property; but in no event shall the betterments exceed the damages allowed; they

Page 961

shall make a return of their award within ten days from the time of their appointment, and the award by them shall be final, and if accepted by the council shall be entered upon the minutes by the clerk. Streets, etc. Sec. 23. Be it further enacted, That all persons subject to road duty under the laws of the State resident in said town shall be liable to street duty or similar work in said town not exceeding ten days in one year, under the direction of the officers of said town; provided, however, the council may provide a commutation tax in lieu of said work, not to exceed five dollars, which shall, when paid, relieve the party from street duty for the year; said street tax shall be due on January the first of each year, and if not paid when demanded or summoned by the marshal to work, or appearing but failing to do good, faithful work, without a good, legal excuse, shall be returned by the marshal as a defaulter, and upon conviction before the mayor fined not exceding five dollars and cost or ten days' work on the public works of the town for each day's default. Street work and commutation tax. Sec. 24. The mayor or any member of council, clerk or marshal, or deputy marshal, may be removed from office upon conviction before the council for neglect of duty or malpractice in office. They also shall be liable to the same punishment as other individuals for violation of any of the ordinances of the town. The marshal may be suspended by the mayor for neglect of duty or conduct unbecoming an officer. Such term of suspension shall not exceed fifteen days, unless approved by council at their first meeting after sentence is imposed, and while under suspension his salary shall cease. Malpractice. Sec. 25. The marshal and treasurer shall be required to give bond for the faithful discharge of their respective duties in such an amount and with such a security as a majority of the council may prescribe. Bonds of marshal and treasurer. Sec. 26. The cost of issuing, serving or executing all summons, executions, processes, writs or subpoenas shall be the same as are now allowed justices of the peace and constables for like service, and where they are issued or served by a salaries officer the amount so collected shall be paid into the town treasury. Fees of officers. Sec. 27. The mayor and council of said town shall have full authority and power to remove, or cause to be removed at the expense of the owner thereof, all buildings, porches, steps or fences, or other obstructions or nuisances, in or near the public streets, lanes, sidewalks, or nuisances located anywhere in said town, and to determine and declare what are nuisances. Nuisances Sec. 28. The said authorities shall have power and authority to

Page 962

fix a fire limit in said town; to prescribe the materials to be used in 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 buildings within said limits for any purpose that is classed as hazardous by the mayor and council, and without a permit to prohibit the building or repairing of any building within said limit of material other than prescribed, without permission of the council, and if any person shall build or repair any building contrary to the above the council shall have the power to tear down the same, or cause the same to be done at the expense of the owner. They shall have power to condemn all unsafe or dangerous structures in said town, and remove, or cause the same to be removed at the expense of the owner, after due notice to him to remove same. All expenses incurred by the council in carrying out the provisions of this section shall be enforced by execution, the same as 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. 29. They shall have power to pass all needful ordinances to prevent the blockading of the streets and 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. Streets, etc Sec. 30. They shall have power to prevent or regulate the use of firearms, fireworks or other dangerous annoyances or explosives used in sport or otherwise in said town. Explosives Sec. 31. They shall have power, upon the proof of any house of ill-fame, bawdy house, lewd or gaming house, to abate the same by causing the occupants thereof to be forcibly removed after three days' notice, and any property owner or agent who shall, after notice of the character of the inmates, continue to rent or suffer the same to remain on their premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the town. Lewd houses and gaming places. Sec. 32. All orders for the payment of money shall be approved by the mayor and the council before being paid by the treasurer. Disbursements of money. Sec. 33. No officer of the town shall have any interest in any contract, either directly or indirectly, in which the town is a party, neither shall any member of council be allowed to vote upon any question that he has any personal interest in whatever, but this section shall not be construed so as to prevent the council from voting a reasonable compensation for extra services performed

Page 963

or expense incurred by him in performing the duties required of him as a member of the council. Contracts with municipal officers illegal. Sec. 34. Be it further enacted, That the council of said town shall have power and authority to grant franchises to electric light companies, waterworks companies, street railways, telephone, telegraph or like corporation desiring to operate their works within the limits of said town, but such franchises shall not be for a period exceeding twenty years. Franchises Sec. 35. Be it further enacted, That the mayor and council are hereby authorized to establish a chain-gang to be of all violators of the ordinances of said town who fail or refuse to pay the fines of the mayor's court, and any other convicts that they may in their discretion see fit to hire. This gang shall be under the supervision of the marshal or deputy marshal under the direction of the council. 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. Chaingang Sec. 36. The mayor's court shall have power to punish any and all persons convicted in this court for selling liquors or intoxicating bitters or ciders without a license, or for keeping said bitters or ciders or liquors on hand for the purpose of illegal sale, if no license is granted, by a fine of not exceeding one hundred dollars, or not exceeding six months' work on the public works of the town. Sale of liquors. Sec. 37. All vacancies in office caused by death, resignation or removal from office shall be filled by appointment of the council. Vacancies. Sec. 38. The mayor and council (or any member thereof, in case of emergency) shall have power to appoint as many extra police as may be deemed necessary, and for such time as the emergency may exist, to assist the marshal in preserving order in said town. The marshal have power to summon to his assistance in making arrest as many citizens of the town as may be necessary, and any person failing or refusing to respond when called upon by the marshal shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the town. Extra police, etc. Sec. 39. The town council shall have power to punish all persons damaging or interfering with public property of said town or interfering with any of the officers of the town in the discharge of their official duties. Public property and officers. Sec. 40. They shall have power to enact ordinances in regard to the observances 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,

Page 964

cases of emergency or necessity or charity excepted; to prohibit any games or any form of amusement within the limits of said town and not consistent with the proper religious observances of the day. Sabbath day. Sec. 41. Be it further enacted, That all members of council shall be exempt from street duty while in office. Members of council. Sec. 42. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to enact ordinances for the purpose of preventing the spread of contagious diseases. To the end that said diseases may not spread; they may take such extraordinary precautions and enforce such regulations as reason and humanity may suggest. Whenever it may appear that any animal in the limits of said town probably has a dangerous or contagious disease, it shall be in the power of the mayor to have an immediate examination of such suspected animal made by some physician or expert. Should the report of the physician or expert confirm the probability of such dangerous or contagious disease, the mayor may order the immediate removal of such animal beyond the limits of the town and killed at once. Contagious diseases. Sec. 43. Be it further enacted by the General Assembly of [Illegible Text] State of Georgia, That the mayor and council of the town of Lovejoy, said State, be, and the same are, hereby authorized and empowered to issue bonds of said town to the amount of not exceeding twenty thousand dollars; said bonds to be of such denomination and to bear such rate of interest, not exceeding six per cent. per annum, and to mature and become payable at such time within twenty years after the issue thereof, and the interest to be paid at such time as the mayor and council may determine. Municipal bonds. Sec. 44. Be it further enacted, That said town council shall assess, levy and collect annually a sufficient tax upon all taxable property of said town to pay the interest of said bonds as the same shall become due, an dto provide a sinking fund for the redemption of said bonds as the principal thereof shall become due; the tax provided for in this section to be in addition to the tax levied for the current expenses of said town. Tax to pay bonds. Sec. 45. Be it further enacted, That the proceeds arising from the sale of said bonds shall be appropriated and applied to the purchase of the necessary real estate upon which to locate a waterworks plant for the said town, and an electric light plant or plants for said town, to the construction and equipment of said waterworks plant or electric light plant or plants, and to other purposes. Waterworks and electric lights. Sec. 46. Be it further enacted, That the said bonds shall be

Page 965

signed by the mayor of the said town and countersigned by the clerk of the council, under the corporate seal of the town, and shall be negotiated in such a manner as said mayor and council shall determine to be for the best interest of the town. Bonds, how issued. Sec. 47. Be it further enacted, That the provisions of this Act shall not have effect until the same have been submitted to a vote of the qualified voters of said town of Lovejoy and approved by a two-thirds vote of the qualified voters of the town of Lovejoy. Ratification of this Act. Sec. 48. Be it further enacted, That at any time after the passage of this Act said mayor and council may order an election to be held in said town, and shall give notice thereof for the space of thirty days next preceding the day of election, in the newspaper published in the county in which the sheriff's advertisements for the county are published, notifying the people (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 notice shall specify the amounts of bonds to be issued, for what purpose, what interest they are to bear, how much principal and interest to be paid off annually, and when said bonds are to be paid off fully; that said election shall be held on the day named in said published notice, at the voting precinct of the town, and shall be held by the same persons and in the same manner and under the same rules and regulations that elections for mayor and council of the town are required to be held, at the time of such an election; and the same qualification of voters at said election shall be required as at the time of said election are required of voters in the principal elections of said town. That the managers of said election shall make the returns of the results of the election to the said mayor and council of said town on the day after the election, which result shall be published within ten days after the election; that the ballots cast at the election shall contain For bonds or the words Against bonds, Unless For bonds shall receive two-thirds of all the voters of said town qualified to vote at said election, to be ascertained from the tally-sheets from the last general election held in said town previous to said bond election, then this Act shall not become a law. Election for bonds. Sec. 49. Be it further enacted, That the said mayor and town council of the town of Lovejoy shall have power to move any forge or smith shop when, in its opinion, it shall become necessary to msure against fire; they shall have power to cause any stove, stovepipe or other thing which shall endanger the town from fire to be removed or remedied at the expense of the owner, as its prudence shall dictate. Precaution against fire. Sec. 50. The mayor and council shall have power and authority

Page 966

to remove in a summary manner all dangerous walls, buildings that endanger life or property, at the expense of the owner of the said walls or buildings, or the owner of the lot upon which the same shall be located, in the discretion of the mayor and council of the said town; should the said owner, after five days' notice, fail or refuse to move the same when so ordered, such expense to be collected by executions issued by the clerk of the council, and the mayor and council shall have full power and authority to pass all ordinances that may be necessary to carry this measure into effect. Removal of dangerous structures. Sec. 51. Be it further enacted, That whenever any executions issued by the proper authority of the town for fines, forfeitures, taxes, licenses, or any other debt or demand due said corporation, shall be levied upon any property which is claimed by another person not a party to the execution, said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and the same claim shall be returned and tried before a jury in the first justice court, or the superior court, having jurisdiction thereof, as the case may be. Claim cases. Sec. 52. Be it further enacted, That said mayor and council shall have power and authority to light the streets of the said town by means of gas, electricity or such other means as they may see proper to adopt, and for this purpose they shall have power to lay mains and pipes along any street or highway in said town. Lights. Sec. 53. The mayor and council shall, at their first regular meeting after the election in each year, or as soon thereafter as convenient, elect by ballot a clerk, a mayor pro tem. and a treasurer, and shall also elect by ballot a chief marshal. Municipal officers. Sec. 54. The bonds required by the laws of the said town of the several officers shall be submitted and approved by the council, who shall determine upon the solvency of the sureties on said bonds, and which said bonds, when accepted and approved by the mayor and council, shall be recorded by the clerk in a book kept by him for that purpose, and the originals carefully filed in the clerk's office and kept for reference; the council reserving the right to require new bonds whenever, in their discretion, they may think proper. And in case any officer elected shall fail or refuse to give bonds as required, or shall fail to give additional security or a new bond when required so to do, his office shall be declared vacant, and the council may proceed to fill the vacancy at such time as they may deem proper. And said officers shall be liable on their bonds, and their securities shall be also liable for any and all

Page 967

manner of shortcomings of their principals, in the same manner as county officers are now liable under the State laws of Georgia. Official bonds. Sec. 55. It shall be the duty of the mayor to hold police court at such house or place as may be fixed by the council or appointed by him, for the examination of offenses that may be reported to him, or such persons as may be lawfully brought before him, and he shall have poer to impose such fine as he may deem reasonable and just on those persons, or commit him, her or them to the guard-house of the town, or the jail of Clayton county, as the law or ordinances may require, and he shall cause those offenders (except those who are guilty of minor offenses), in his discretion, to be bound over to the superior court of Clayton county for trial. Police court. Sec. 56. Be it further enacted, That from and after the passage of this Act it shall not be lawful for any person to loiter, beg, camp, or idly stroll around in said town, and upon conviction of said offense they shall be fined a sum not exceeding fifty dollars, or thirty days' work on the streets. Loiterers. Sec. 57. Be it further enacted, That the mayor and council may pass any ordinaces, resolutions, by-laws deemed necessary at any meeting of the mayor and council without any previous notice or reading of the same, authorized by this charter or the laws of the State of Georgia. Legislative powers of mayor and council. Sec. 58. Be it further enacted, That the mayor and council shall have power and authority to provide by ordinances for the trial of both criminal and civil cases before the police courts, and as to claims and illegalities in civil cases under fi. fas. issued by the mayor and council. Jurisdiction of police court. Sec. 59. Be it further enacted, That all laws in conflict with this Act be, and are, hereby repealed. Repealing clause. Approved August 24, 1905. LUDOWICI, TOWN OF, INCORPORATED. No. 599. An Act to incorporate the town of Ludowici, in Liberty county, Georgia, to define its corporate limits; declare its powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the town of Ludowici (sometimes known as Liberty City) in the

Page 968

county of Liberty, is hereby incorporated as a town under the name and style of the Town of Ludowici. Ludowici, town of, incorporated. Sec. 2. Be it further enacted, That the corporate limits of the town shall be as follows: On the west by Jones Creek swamp, south and southeast by the Sweetwater branch to the Atlantic Coast Line railway; thence on a northwestern line to the Macon and Darien public road; along said Macon and Darien road to the run of Mill branch, and along the run of Mill branch to intersection with Jones creek, power being hereby given to the corporate authorities of said town to alter, modify change and rectify said boundaries. 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 town of Ludowici, and by that name shall be capable of suing and being sued in any court of law or equity; make contracts, purchase and hold and dispose of real estate and personalty, and sell, lease and exchange the same, and generally to do all things pertinent to a corporation of such character, whether now allowed by law or which may be hereafter conferred upon the same. Corporate name and powers. Sec. 4. Be it further enacted, That Henry B. Skeele be, and he is hereby, appointed mayor, and M. McQueen, C.J. McDonald, D. W. Baggs, M. T. Rimes and R. L. Horne be, and they are hereby, appointed aldermen of said town of Ludowici, to hold office until the next and first annual election as hereinafter provided. Mayor and aldermen appointed. Sec. 5. Be it further enacted, That on the third Wednesday in January, 1906, and each year thereafter on said day, an election shall be held in the council chamber of said town for a mayor and aldermen thereof, who shall hold their offices for one year from said day and until their successors are elected and qualified, all persons being eligible to said offices who are qualified at the time to vote for members of the General Assembly of this State and have resided in said town for three months immediately preceding the said election. Such elections shall be held and conducted as are those for county officers and the certificate of the managers shall authorize the persons declared elected to enter upon the discharge of the duties of said offices, the returns of said election being made to the mayor and aldermen of said town. In the event a vacancy for any cause occurs in any of said offices the same shall be filled as to the mayor by the board of aldermen selecting one of their own number to fill the unexpired term, and as to an alderman by the selection of some fit and proper person by the mayor and the remaining aldermen. Election of successors

Page 969

Sec. 6. Be it further enacted, That before entering upon the discharge of their duties the said mayor and aldermen shall take an oath to faithfully discharge the duties devolving upon them respectively to the best of their ability and understanding. Oath of mayor and aldermen. Sec. 7. Be it further enacted, That the said mayor and aldermen shall have power and authority to elect such marshals, clerks, treasurer and other officers as they may deem necessary to properly carry on the affairs of said town, prescribe the duties and fix the compensation of such officials and require bonds therefrom; make and pass all ordinances, by-laws, rules and regulations which they may deem necessary for the good order, peace, health and government of said town and for the enforcement of the powers herein granted, have exclusive jurisdiction over the streets, alleys, sidewalks, drives, parks and other public property of said town, keeping the same in good order and removing all obstructions of the same at the expense of the person obstructing, construct and maintain, at such time as they may determine, waterworks, drainage and sewerage systems, lights and other modern improvements, issuing bonds, when necessary, to pay for the same, establish and regulate police, fire and sanitary protection for said town when in their judgment necessary, grant municipal franchises, raise revenue by taxation and grant licenses to defray the expenses of government, regulate the sale and barter of merchandise within the limits of said town, and the exhibition of shows and to impose on the same all proper taxation and license, and generally to do all things whatsoever, not repugnant to the laws of Georgia, which may be incident to municipal corporations. Powers of mayor and aldermen. Sec. 8. Be it further enacted, That the said mayor and aldermen of said town shall have power to enforce it said ordinances, rules and regulations by fine not exceeding fifty dollars and or imprisonment not exceeding thirty days. Penalties. Sec. 9. Be it further enacted, That the mayor and aldermen of said town shall have authority to elect from their number a mayor pro tempore, who shall discharge the duties of mayor during his absence or inability from sickness or other cause to perform the said duties; and the said mayor and mayor pro tempore shall be by virtue of their said office, justices of the peace as to criminal matters, with power to issue warrants and commit for trial, compel the attendance of witnesses, hold examinations, and admit to bail or commit to jail in default thereof. Mayor pro tem. Mayor's court. Sec. 10. Be it further enacted, that the mayor of said town shall be the chief executive officer thereof, shall see that its ordinances, rules and regulations are enforced; shall have control of the police force of said town, appointing special policemen as the

Page 970

emergency may arise, and generally shall do all things essential for the proper discharge of his duties as such chief executive. Mayor, duties and powers of. Sec. 11. Be it further enacted, That the said mayor and aldermen shall have authority to levy a special tax for educational purposes. School tax 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 23, 1905. LULA, NEW CHARTER. No. 133. An Act to provide a new charter for the town of Lula, 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 Lula; to authorize the establishment of a system of public schools of said town and provide for building and equipping suitable public school building; to provide for all other matters of municipal cognizance, and for other purposes. Sec. 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 Lula, located in the county of Hall and 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 Lula, 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, power and privileges, titles, property, easements and hereditaments now belonging or in anywise appertaining to said town of Lula as heretofore incorporated, shall be, and are, hereby vested in the town of Lula created by this Act. And the said town of Lula 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 the said town

Page 971

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 Lula 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 whatsoever, within or without the limits of said town, for corporate purposes. Said town of Lula, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said town of Lula as heretofore incorporated. Lula; corporate name and powers. Sec. 2. Be it further enacted, That from and after the passage of this Act the corporate limits of the town of Lula shall be as follows, to wit: One-half mile in every direction from the Southern Railroad depot in said town, except in the direction of the town of Bellton, in which direction the limits shall be the corporate line of the town of Bellton, as now located. Corporate limits. 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 incumbent as mayor and aldermen shall continue in office as mayor and aldermen of the town of Lula 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, 1905, and the second Saturday in December in each year thereafter, for mayor and five aldermen, who shall hold their offices for one year beginning January 1st, next after said election of each year, or until their successors are elected and qualified; and should there fail to be an election held in said town at the time above specified, from any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places and advertising said notices 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 open 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. 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, who shall be residents

Page 972

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 qualification 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; that you have resided one year in this State, and for the last six months within the corporate limits of the town of Lula, and have paid all taxes legally required of you by said town of Lula, so help you God. All papers incident to each election shall be held for three months and then be destroyed by burning in presence of mayor and council at a regular meeting. Elections. 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 voters 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 perform the duties of their respective offices before an officer authorized in this State to administer oaths, or before the retiring mayor. Said oath shall be filed with the clerk of council and 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. Elections. 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 case of the death, resignation

Page 973

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 3 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 mayor pro tem., as the case may be, in the same manner as prescribed in section 3 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. Municipal 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. Existing 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 not to exceed a fine of one hundred dollars, or in default of the payment of said fine and 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. Police 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, and the said pay and compensation shall be fixed for the coming year at the first regular meeting in December of each year and not later than December

Page 974

15th, and shall be from January 1st to the following January 1st. Salaries. Sec. 13. Be it further enacted, That the mayor and aldermen of the town of Lula shall have the sole and exclusive power of granting licenses to retail spirituous, ale or vinous and malt liquors in the town of Lula 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 license 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 ten-pin 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 deem necessary to govern any person engaged regularly 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 cemetery 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 and beautify said cemeteries. Sale of liquors. Licenses. Cemetery. 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, the-artical 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; and fix and collect such taxes on any person or company dealing in confectionery, fruits, drinks, soda founts, hotels, running boarding-houses, or engaging in any kind of business in the houses, or on streets or sidewalks of said town. And the mayor and aldermen shall further have the right to refuse or revoke license to any one whenever a majority of the council are satisfied that such person is of loose, or low character or reputation, or when the granting or holding

Page 975

of such license is injurious to business, society, morality, religion or the peace, quiet and good order of said town. 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 additional tax of not more than one-half of one per cent. on all taxable property within said town for the purpose of support and maintenance of said schools; provided, that public schools shall not be established or maintained until the questions 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 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. Upon the establishment of a public-school system said mayor and aldermen shall have power to provide for and elect a board of education of five members to control the same. 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 obstruction or nuisance in the public streets, lanes, alleys, sidewalks, or public square of said town; to regulate all butcher-pens, tan-yards, steam boilers and steam 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 all 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, boardinghouses and other public houses in said town. Powers of mayor and aldermen. Sec. 17. Be it further enacted, That all males over the age of sixteen years and under the age of fifty, who have resided in said town ten days, shall be subject to work on streets and roads of

Page 976

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 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 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 nor more than thirty days; or the said mayor and council shall have the power to levy and collect a tax in lieu of such road 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. Sec. 18. Be it further enacted, That the mayor and council of said town shall have full power and authority to open and lay out, straighten, or otherwise change streets and alleys in said town and also to widen when actually necessary for traveling space any of the present streets under fifty feet in width. 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 three freeholders, who shall proceed to assess the damage sustained or advantages derived by and the amount to be paid 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, etc 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 for contempt by fine not exceeding five dollars or imprisonment not exceeding twenty-four hours for each offense, or may imprison in default of the payment

Page 977

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 said town shall have power to 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, subpoenas, 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 and subpoenas, executions, etc., issued as aforesaid when the parties or property to be proceeded against are without the corporate limits of said town of Lula; and the marshal, or deputy marshal, shall serve and execute all processes, writs, warrants, executions, subpoenas, etc., issued as aforesaid when the parties or property to be proceeded against are within the corporate limits of said town. Executions, etc., how enforced. Sec. 22. Be it further enacted, That the mayor or mayor pro tem. 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 or 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. Publication of 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

Page 978

aldermen 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. Disbursement of municipal funds. Sec. 25. Be it further enacted, That it shall be the duty of tax-payers 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 purposes, at such times 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. Contracts with municipal officers prohibited Sec. 27. Be it further enacted, That the corporation of the town of Lula, 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 are 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 or 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

Page 979

crossings on their several roads where they cross the public streets or roads in said town for the convenience of the traveling public, and to remove any obstructions which said roads have made or caused to be made on said crossings, 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 execution of municipal taxes. Further, the mayor and council shall have the right and power to require all railroad companies, or factories to remove all coal chutes now located within the corporate limits of said town or prohibit the same from being located where the same constitutes a nuisance or an injury to business or property, or where streets are closed or blockaded by the same. The mayor and council shall have the right upon the failure of the factory or road to remove all such after ninety days' notice to the nearest agent or manager, to cause same to be removed at the expense of said owners, and execution shall be issued by the mayor for the expense of removing same at the expiration of thirty days' notice of completion of work. Also the mayor and aldermen shall have the right to regulate or prohibit within said town the shifting of cars or making up of trainsother than passenger, fruit or live stock trainson the Sabbath, or steaming up or running any kind of factories on the Sabbath day. And the right to regulate the speed of wagons, buggies. hacks, drays, etc., and live stock of all kinds in said town. And the said mayor and council shall have the right to pass regulations prohibiting the unreasonable blocking or closing of any street or road crossing in said town by trains of cars. Railroad crossings, etc. Sabbath day. 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 said mayor and aldermen shall have the right to regulate the places of telegraph and telephone poles in said town, and to remove, or to compel telegraph or telephone companies to remove said poles when they become

Page 980

dangerous to person or property, or are to become an impediment to the use of the streets or private or public property. Telephone and telegraph poles. Sec. 31. 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. Licenses. Sec. 32. Be it further enacted, That the mayor and council of said town shall have authority to provide a system of public schools, lights or waterworks 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 waterworks. Sec. 33. Be it further enacted, That the mayor and aldermen 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 law. Sec. 34. Be it further enacted, That the mayor and aldermen shall have power to regulate and prevent the use of firearms, fireworks, or other dangerous explosives or annoyances used in sport or otherwise in said town. Explosives Sec. 35. Be it further enacted, That the mayor and council of said town shall have power, upon proof of existence and maintenance of any house of ill-fame or bawdyhouse within said town, to cause the occupants 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. 36. 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 in his presence or when the offender is likely to escape. Arrests. Sec. 37. Be it further enacted, That all previous charters and amendments thereto to said town of Lula 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 23, 1905.

Page 981

MACON, CHARTER AMENDED. No. 328. An Act to amend an Act entitled An Act to create a new charter for the city of Macon, etc., approved November 21, 1893, and the Acts amendatory thereof, so as to provide that the term of office of the mayor and the terms of office of all the aldermen of said city shall expire at one and the same time, and that their sucessors shall be elected at one and the same time, 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 charter of the city of Macon, as created by an Act entitled An Act to create a new charter for the city of Macon, etc., approved November 21, 1893, and the Acts amendatory thereof, to wit: An Act approved December 11, 1896, an Act approved December 3, 1898, and an Act approved December 20, 1899, be, and the same is hereby amended by striking out all of sections 2 and 3 of said Act approved December 11, 1896, and, also, by striking out all of section 5 of said Act, approved December 3, 1898, and, also, by striking out all of the said Act approved December 20, 1899, and, also, by striking out all of sections 4 and 23 of said Act approved November 21, 1893, and inserting in lieu of said parts so stricken the following words, to wit: That on the second Tuesday in December, 1905, and every two years thereafter, on the same day, there shall be an election for mayor and twelve aldermen, three from each ward, who shall each serve for a term of two years and until their successors are elected and qualified. That of the twelve aldermen of the city of Macon, three shall reside in each of the four wards of said city, and their term of office shall be two years and until their successors are elected and qualified. That at all city elections the polls shall open at 8 o'clock a. m. and close at 5 o'clock p. m. That the terms of office of each and all of the present aldermen of the city of Macon now holding under said charter, shall expire and terminate on the election and qualification of their successors, as provided for in this amending Act. Macon; mayor and aldermen, 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, 1905.

Page 982

MACON, APPROPRIATION FOR LIBRARIES. No. 590. An Act to amend an Act entitled An Act to amend the charter of the city of Macon, etc., approved December 18, 1900, so as to provide for an increase in the amounts to be paid by said city to the two libraries in said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: That from and after the passage of this Act, section 2 of an Act approved December 18, 1900, amending the charter of the city of Macon, be, and the same is hereby, amended by striking out of said section, in the eighth line thereof, the words and figures three hundred dollars ($300.00) and inserting in lieu thereof the words and figures four hundred and twenty dollars ($420.00) and, also, by striking out of said section, in the sixteenth line thereof, the words and figures twenty-five dollars ($25.00) and inserting in lieu thereof the words and figures thirty-five dollars ($35.00), so that said section when amended shall read as follows, to wit: Sec. 2. Be it enacted, That whenever one hundred united persons, who are bona fide owners of real estate located in said city, shall unite with the directors or managers of either of the two public libraries now established and running in Macon, and shall cause to be presented to the mayor and council of Macon a written petition or application bearing the names of these one hundred citizens or real estate owners, which petition shall ask for an apppropriation of four hundred and twenty dollars ($420.00) for the express purpose of paying the salary of a librarian for the particular library so applying, it shall be the duty of the mayor and council to set aside and appropriate that amount of money each year when called for, to be used for that specific purpose, and for no other, and that it shall be the duty of the treasurer of the city of Macon to pay this money over to the treasurer of the library or libraries so applying, and to pay it in monthly installments of thirty-five dollars ($35.00) each, and that the receipt of the treasurer at the library shall be a sufficient warrant or voucher to the treasurer of the city of Macon for this money when so paid out by him; provided, that before this receipt is accepted by the treasurer of the city as his warrant or voucher,

Page 983

it shall be indorsed by a majority of the directors or managers of the libraries to which this money is paid. Macon; Appropriation for libraries. SEC. 3. 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 22, 1905. MARIETTA, BONDS FOR SEWERAGE. No. 443. An Act to authorize the mayor and council of the city of Marietta, in the county of Cobb, to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by the said city of Marietta to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of sewerage for said city of Marietta; and to authorize the issuing of said bonds and the assessing, levying and collecting of a tax on all property, both real and personal, in said city of Marietta, 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 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 mayor and council of the city of Marietta, in the county of Cobb, are authorized and empowered to order and have held an election by the qualified voters of said city, at such time as said mayor and council may designate, to determine whether or not bonds shall be issued by the said city of Marietta in a sum not to exceed thirty thousand dollars ($30,000.00) to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of sewerage for said city of Marietta. Said election shall be held in accordance with the provisions of sections 377 to 380 inclusive, of the Code of Georgia of 1895, and at said election the ballots used shall be For Bonds and Against Bonds. Marietta; bonds for sewerage. SEC. 2. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for said purpose, then the mayor and council of said city of Marietta shall be, and are hereby, authorized to issue the bonds of said city of Marietta in a sum not to exceed $30,000.00 in the

Page 984

aggregate. Said bonds shall be designated Sewerage Bonds of the city of Marietta and shall be in the sum of $1,000.00 each and numbered from one to thirty consecutively, and draw interest at the rate of 5 per cent. per annum, payable semianually on such dates as the mayor and council may fix, and be for the term of thirty (30) years. Said bonds when so issued shall be sold by the mayor and council in such way as may seem most advantageous for said city, for not less than par, and the proceeds thereof shall be used by the mayor and council of said city of Marietta for the purpose of purchasing, establishing, maintaining, building and acquiring a system of sewerage of said city of Marietta, and no other purpose. How issued. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of Marietta shall be, and are hereby, authorized and empowered to annually assess, levy and collect a tax on all the property, both real and personal, in the corporate limits of said city, in such sum as they may deem right, proper and necessary for the specific purpose of paying the interest on said bonds, and also to create a sinking fund sufficient to redeem and pay off said bonds at maturity thereof; and the tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys belonging to said city, and shall be used solely for the payment of the interest on said bonds as it may accrue, and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax to pay bonds. SEC. 4. Be it further enacted by the authority aforesaid, That if the election herein provided for shall be against the issue of said bonds, that the mayor and council of said city may, at any time after the expiration of one year from the date of said first election, order another election under the provsions of this Act; and may so continue until the issuance of said bonds is authorized by the legal voters of said city in the manner provided by law. Other elections. SEC. 5. 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, 1905.

Page 985

MARIETTA, BONDS FOR ELECTRIC LIGHTS. No. 445. An Act to authorize the mayor and council of the city of Marietta, in the county of Cobb, to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by the said city of Marietta to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of electric lights for said city of Marietta; to authorize the issue of said bonds and the assessing, levy and collecting of a tax on all property, both real and personal, in said city of Marietta 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 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 mayor and council of the city of Marietta, in the county of Cobb, are authorized and empowered to order and have held an election by the qualified voters of said city, at such time as said mayor and council may designate, to determine whether or not bonds shall be issued by the said city of Marietta in a sum not to exceed twenty-five thousand dollars ($25,000.00) to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of electric lights for said city of Marietta. Said election shall be held in accordance with the provisions of sections 377 to 380 inclusive, of the Code of Georgia of 1895, and at said election the ballots used shall be For bonds and Against bonds. Marietta; bonds for electric lights. SEC. 2. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for said purpose, then the mayor and council of said city of Marietta shall be, and are hereby, authorized to issue the bonds of said city of Marietta in a sum not to exceed $25,000.00 in the aggregate. Said bonds shall be designated Electric Light Bonds of the city of Marietta and shall be in the sum of $1,000.00 each, numbered from 1 to 25 consecutively, and draw interest at the rate of 5 per cent. per annum, payable semiannually on such dates as the mayor and council may fix, and be for the term of thirty (30) years. Said bonds, when so issued, shall be sold by the mayor and council in such way as may seem most advantageous for said

Page 986

city for not less than par, and the proceeds thereof shall be used by the mayor and council of said city of Marietta for the purpose of purchasing, establishing, maintaining, building and acquiring a system of electric lights for said city of Marietta, and no other purpose. How issued SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Marietta shall be, and are hereby, authorized and empowered to annually assess, levy and collect a tax on all the property, both real and personal, in the corporate limits of said city in such sum as they may deem right, proper and necessary for the specific purpose of paying the interest an said bonds, and also to create a sinking fund sufficient to redeem and pay off said bonds at the maturity thereof; and the tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and moneys, belonging to said city, and shall be used solely for the payment of the interest on said bonds as it may accrue, and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax to pay bonds. SEC. 4. Be it further enacted by the authority aforesaid, That if the election herein provided for shall be against the issue of said bonds, that the mayor and council of said city may, at any time after the expiration of one year from the date of said first election, order another election under the provisions of this Act. Other elections. 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 18, 1905. MAYSVILLE, CHARTER AMENDED. No. 305. An Act to amend an Act entitled An Act to incorporate the town of Maysville, in the counties of Jackson and Banks, approved September 30, 1879, so as to authorize the mayor and council, or chairman and commissioners, of the town of Maysville, in the counties of Jackson and Banks, to purchase a lot, erect thereon a school building, and to furnish and equip the same for school purpose; to authorize the mayor and council or chairman and commissioners of the said town of Maysville, Georgia, to

Page 987

assess, levy and collect a tax to pay for said lot, and to pay for the erection of said school building, and for the furnishing and equipment thereof; or to submit to the qualified voters of the town of Maysville the question of issuing bonds of said town of Maysville, not to exceed the sum of fifteen thousand dollars ($15,000.00) in the aggregate, for the purchase of said lot, the erection thereon of said school building, and the equipment thereof; to assess, levy and collect a tax annually to pay the accruing interest on said bonds, and also to pay off said bonds when they mature; also, to provide for a school board for said town of Maysville, to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act, entitled An Act to incorporate the town of Maysville, in the counties of Banks and Jackson, approved September 30, 1879, shall be, and the same is, hereby amended, by adding thereto the following: That the mayor and council, or chairman and commissioners of the town of Maysville, Ga., shall as soon as practicable after the passage of this Act, submit to the qualified voters of the town of Maysville the question of issuing bonds of said town, not over fifteen thousand dollars in the aggregate, for the purpose of purchasing a lot in said town of Maysville, the erection of a suitable school building thereon and the equipment thereof. Notice of said election shall be given by the mayor and council, or chairman and commissioners of said town, by publishing the same in the newspapers in which the sheriff's sales are advertised in the said counties of Jackson and Banks, for the term of thirty days prior to said election, in which notice all of the qualified voters of the said town of Maysville shall be notified that, on the day therein named, an election will be held at the usual place for holding elections in said town for mayor and council or chairman and commissioners, to determine the question whether the bonds of said town shall be issued, as proposed; and, furthermore, said notice shall specify for what amount the said bonds shall be issued, for what purpose, what rate of interest they shall bear, how much principal and interest to be paid annually, or semiannually, and when said bonds are to be paid off in full. Said election shall be held under the same rules and regulations, and in the same manner as now required by law for the election of the mayor and council, or chairman and commissioners of said town of Maysville, and the qualifications

Page 988

of the voters in said election shall be the same as those of the voters in the regular elections held in said town of Maysville for mayor and council, or chairman and commissioners thereof, and the returns shall be made and the result of the election shall be declared in the same way as the returns are made and the result declared at the regular elections in said town for mayor and council, or chairman and commissioners of said town. At said election those in favor of the purchase of a lot, the erection thereon of a suitable school building, and the proper equipment of said school building, shall have written or printed upon their ballots the words, For bonds for school building, and those opposed to the purchase of a lot and the erection thereon of a suitable school building, and the proper equipment thereof, shall have written or printed upon their ballots the following words, Against bonds for school building. If it shall appear from the returns after said election that two-thirds of the persons qualified to vote in said election have cast their ballots For bonds for school building, then so much of this amendatory Act which applies to the purchase of a lot, the erection thereon of a school building, and the proper equipment thereof, shall be declared to be adopted and shall immediately become operative, and said mayor and council, or chairman and commissioners of the town of Maysville, shall, as soon as practicable thereafter, proceed to purchase said lot, to erect thereon a suitable school building, and to properly equip the same, taking the deeds to said lot in the corporate name of the mayor and council, or of the chairman and commissioners, of the town of Maysville, and letting the contract for the erection of said school building, and the proper equipment thereof, in the same names. If, on the other hand, it shall appear from the returns after said election that the result of said election has been Against bonds for school building, then the mayor and council or chairman and commissioners of said town of Maysville may, in their discretion, by giving notices, as hereinbefore provided for, submit the same question at the next or any subsequent election for mayor and council or chairman and commissioners of Maysville, Ga., until said election For bonds for school building has been carried. Maysville: school bonds. SEC. 2. Be it further enacted by the authority aforesaid, That, in the event said election shall result favorably for the bonds for the purchase of said lot, the erection thereon of a suitable school building, and the proper equipment thereof, then, and in that event, said mayor and council, or chairman and commissioners, of the town of Maysville, Ga., shall, within the time now required

Page 989

by law, proceed to have the said bonds properly and legally validated. Validation of bonds. SEC. 3. Be it further enacted by the authority aforesaid, That immediately after the validation of said bonds the mayor and council or the chairman and ccommissioners of said town of Maysville, Ga., shall prepare, issue and sell the bonds of said town according to the specifications of said notice, calling the election for bonds, and also for the amount therein designated, the same not to exceed the sum of fifteen thousand dollars in the aggregate, or so much thereof as may be necessary for the purchase of said lot, the erection thereon of a suitable school building, and the proper equipment thereof, and all of the acts hereinbefore enumerated in this Act shall be done in accordance with paragraphs one and two, section seven, article seven of the Constitution of this State, and with the sixth title, third chapter, sections 377 to 380 inclusive of volume one of the Code of 1895. Said bonds shall run for a term not longer than thirty (30) years, and may be issued in such denominations as the mayor and council or chairman and commissioners of said town of Maysville, Ga., may see proper, and bear whatever rate of interest said mayor and council, or chairman and commissioners, may see fit to name, which interest may be made payable either annually or semiannually, as said mayor and council may hereafter designate. Sale of bonds. SEC. 4. Be it further enacted by the authority aforesaid, That at the time of issuing any of said bonds, and annually thereafter, the mayor and council, or chairman and commissioners, of the said town of Maysville, Ga., shall provide for the assessment, levy and collection of an annual school bond tax, in addition to all other taxes now authorized by law, and of sufficient amount to promptly pay the principal of all or any of said bonds as they hereafter mature. Tax to pay bonds. SEC. 5. Be it further enacted by the authority aforesaid, That should the election hereinbefore provided for result favorably for said bonds, then it shall be the duty of the mayor and council, or the chairman and commissioners, of the said town of Maysville, as early as practicable after said election for bonds has been declared in favor of bonds, to proceed to elect four persons, who are bona fide citizens of and qualified voters in the said town of Maysville, Ga., who shall constitute the school board in and for said town of Maysville. The terms of the members of said school board shall be four years each, except of those members who are elected at the first election thereof by the mayor and council, or

Page 990

chairman and commissioners, of said town of Maysville, one of which members, at said first election, shall be elected for the term of one year, one for the term of two years, one for the term of three years and one for the full term of four years, and each member of such board for the full term of four years thereafter, or until their successors are duly elected and qualified. In cases of resignations from said school board, removal from said town or the death of any member of said board, causing a temporary vacancy therein, then, and in either of those events, the mayor and council, or chairman and commissioners, of said town of Maysville, shall, immediately after such vacancy occurs, proceed to elect a suitable person to serve out the remainder of the unexpired term of the member whose death, removal from said town, or resignation had caused a vacancy in said school board. School bonds. SEC. 6. Be it further enacted by the authority aforesaid, That said school board shall, as soon as practicable after the election thereof by the mayor and council of said town, organize said board by electing a chairman and vice-chairman from among their own number, and a suitable person, either from among their own number or from among the qualified voters of said town of Maysville, Ga., as clerk of said school board; and all of these officers shall thereafter be elected annually at the first regular meeting of the school board after the election thereof by the mayor and council of said town. The chairman of said board shall be the executive officer thereof, with full power and authority to do and perform all duties necessary to the proper conduct of said school when said school board is not in session. The treasurer of the said town of Maysville shall be ex officio treasurer of the said school board, and shall receive such extra compensation for his services as treasurer of said school board as said board may see fit to allow him, the amount of said compensation to be decided upon and fixed at the first regular meeting of said school board after the election thereof by the mayor and council of said town. No member of said school board shall receive any compensation whatever for his services as such member, but each member thereof shall be exempt from all street taxes levied by the said town of Maysville, Ga. Officers of Board. SEC. 7. Be it further enacted by the authority aforesaid, That said school board shall keep a record of their proceedings, which record shall be signed by the chairman, or, in the absence of the chairman, by the vice-chairman, and also by the clerk of said board; and all books, records and minutes kept by said board shall at all times, be open to the inspection of the public. Record books of Board.

Page 991

SEC. 8. Be it further enacted by the authority aforesaid, That said school board shall determine upon the number of teachers, and have charge of the election of all teachers of the schools in the town of Maysville, Ga.; the fixing of the terms of said schools; the salaries of said teachers, and the duties which they are to perform; which schools and teachers shall be under their exclusive supervision and control, and under such rules and regulations as said school board may see fit to adopt from time to time. Said school board shall have power to make such rules and regulations (not contrary to the laws of this State) as they may see fit and proper for the government of themselves, their respective officers and the teachers and pupils in said schools in the town of Maysville, Ga., and to elect, appoint and employ for said schools the necessary teachers, prescribe their duties, fix their salaries and remove them at will. Powers of Board. SEC. 9. Be it further enacted by the authority aforesaid, That immediately after this Act goes into effect, and after the election has resulted favorably for the bonds for the purchase of the lot, the erection of a school building thereon and the proper equipment thereof, the boards of education in the counties of Jackson and Banks shall not, after the completion of said school building in the town of Maysville, Ga., contract with any person, or persons, to teach a school of any character in said town, except such person, or persons, as are elected as teachers in such school by the said school board of the town of Maysville, Ga., nor shall said boards of education establish any public schools within the incorporate limits of the said town of Maysville, Ga., or have any voice or authority in the management of the schools established, as hereinbefore provided for in the said town of Maysville, Ga., but said schools shall be left exclusively to management and under the control of the said school board of said town of Maysville, Ga., and it shall furthermore not be lawful for said boards of education in the counties of Banks and Jackson to establish and maintain, or to continue to maintain, any public schools within one mile of the corporate limits of the said town of Maysville, Ga. Other schools. SEC. 10. Be it further enacted by the authority aforesaid, That all white children who are entitled to the benefit of the public school funds, under the laws of this State, whose parents are bona fide residents within the corporate limits of the said town of Maysville, or within one mile of the corporate limits of said town (and the said school board of the said town of Maysville is to determine whether they are within one mile of said corporate

Page 992

limits) shall be admitted to the aforesaid schools upon the payment of such entrance or matriculation and incidental fees as said school board of said town may see fit to impose; and the said school board may, in its discretion, fix and impose such charges for tuition, matriculation and entrance fees upon all children attending said schools as in its wisdom may seem fit and proper; and said school board may also in its discretion fix and impose such larger and additional entrance or matriculation fees, and such larger tuition on those children attending such schools whose parents reside outside of the corporate limits of said town, over and above and in addition to the amount of incidental, matriculation or entrance fees and tuition charged by them to the parents who reside within the corporate limits of said town; and may also impose upon the children whose parents are bona fide residents of said town of Maysville such incidental or matriculation fees and charge them such rates of tuition as said school board may, in its wisdom, see fit to charge children not resident within the town of Maysville, nor within one mile of the corporate limits of said town, and such as are not entitled to the benefit of the public school funds under the general laws of this State may be admitted to said schools of Maysville, Ga., upon such terms, and upon payment of such incidental, or matriculation, fees and tuition charges as said school board may in its wisdom prescribe. Said school board may refuse to admit any child, or children, into the schools of said town, and shall have the right to expel any child, or children, from said schools if at any time it would, in their judgment, be detrimental to the moral and general welfare of the other pupils therein to allow them to enter or to permit them to remain in said schools. Admission of children; matriculation fees, etc. SEC. 11. Be it further enacted by the authority aforesaid, That after the passage of this Act, and after the erection of said school building, and the election of said school board, and the election of the teachers by said school board, it shall be the duty of the principal of said schools, as hereinbefore provided for, at such times as the other teachers in the public schools in the counties of Jackson and Banks are now required by the county school commissioners of said counties, or by the boards of education of said counties, to make and file, under oath, with the county school commissioners, or the boards of education in the counties of Jackson and Banks, a full report of all the children between the ages of six and eighteen years who have attended said schools, and to designate in which county the parents of said children reside, and thereupon the said county school commissioners of

Page 993

the counties of Jackson and Banks shall pay to the treasurer of the town of Maysville, who is ex officio treasurer of the said school board in and for said town, the just proportion of the public school funds of said county to which the pupils of these respective counties may be justly entitled under the laws of this State governing the distribution of the public school funds thereof; the same to be paid to the treasurer of the town of Maysville, who is also ex officio treasurer of said school board, at such times, and in the same manner, as said public school funds are paid to the teachers of public schools in said counties of Jackson and Banks, and shall take said treasurer's receipt for the same, as now required by law for taking receipts from the teachers of the public schools of said State. Pro rata [Illegible Text] of school fund of Jackson and Banks counties. 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 18, 1905. MAYSVILLE, CORPORATE LIMITS EXTENDED. No. 306. An Act to amend an Act to incorporate the town of Maysville, in the counties of Jackson and Banks, so as to extend the incorporate limits of said town one-fourth of one mile in every direction beyond the present corporate limits of said town of Maysville, Ga., and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section I of the Act entitled An Act incorporating the town of Maysville, in the counties of Jackson and Banks, approved September 30, 1879, be amended in the fifth line thereof by striking out the words one-half and by inserting in lieu thereof the words three-fourths; also, by striking out the word northeastern, in the seventh line of said section, and by inserting in lieu thereof the words center of the old Northeastern depot site, so that said section, when so amended, shall prescribe the present incorporate limits of said town of Maysville, Ga., as extending three-fourths of one mile in every direction from the center of the old Northeastern depot site. Maysville; corporate limits extended.

Page 994

SEC. 2. Be it further enacted by the authority a foresaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing ciause. Approved August 18, 1905. MAYSVILLE, PUBLIC SCHOOL LAW REPEALED. No. 304. An Act to repeal an Act, approved August 12, 1904, amending an Act entitled An Act to incorporate the town of Maysville, in the counties of Jackson and Banks, approved September 30, 1879, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled An Act to amend an Act entitled an Act to incorporate the town of Maysville, in the counties of Jackson and Banks, approved August 12, 1904, be, and the same is, hereby repealed. Maysville; school law for, repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1905. MAPLES, CHARTER AMENDED. No. 112. An Act to amend an Act to incorporate the town of Maples, in the county of Mitchell, State of Georgia, to define the corporate limits thereof; to provide a municipal government of said town; to confer certain powers and privileges on the same, and for other purposes, approved August 13, 1904, so as to change the name of said town to the town of Mapleton; to provide that the powers, rights and liabilities of the town of Maples shall become the powers, rights and liabilities of the town of Mapleton; to fix the rate of taxation in said town; to determine the qualifications of electors and officers of said town; to regulate

Page 995

and control the sale of intoxicating liquors therein; to authorize the said town to establish and maintain a dispensary for the sale of intoxicating liquors and to authorize the mayor and council of said town to pass all ordinances necessary or proper for the establishment and maintenance of a dispensary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the charter of the town of Maples, in Mitchell county, embodied in an Act approved August 13, 1904, be, and it is, hereby amended in the following particulars. Maples, town of. SEC. 2. Be it further enacted, That the corporate name of said town shall be changed from the town of Maples to the town of Mapleton, and wherever in said Act the word Maples occurs it shall be stricken and there shall be substituted therefor the word Mapleton. Name changed to Mapleton. SEC. 3. Be it further enacted, That all the rights and liabilities of the town of Maples shall accrue to and against the town of Mapleton, and that all property now held and owned by the town of Maples shall become the right and property of the town of Mapleton. SEC. 4. Be it further enacted, That the officers elected and qualified for the said town of Maples shall be, and are hereby constituted the officers of the town of Mapleton, to hold office until their successors are elected and qualified, according to the provisions of said Act incorporating the town of Maples. Officers. SEC. 5. Be it further enacted, That the provisions of the said Act incorporating the said town of Maples, except where in conflict with this Act, shall be and constitute the charter of the said town of Mapleton, and the corporate powers enumerated in said Act, as amended by this Act, shall constitute the corporate powers of the town of Mapleton and the authorities thereof. Corporate powers. SEC. 6. Be it further enacted, That section 5 of said Act be amended by striking the words three months in the second line of said section and inserting in their stead the words thirty days, so that said section, when amended, shall read as follows: Sec. 5. Be it further enacted, That all persons who have been bona fide residents of said town for thirty days 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. Voters. SEC 7. Be it further enacted, That section 11 of said Act be

Page 996

amended by striking the words six months in the fifth line of said section and inserting in lieu thereof the words thirty days, so that said section when amended shall read as follows: Sec. 11. Be it further enacted, That no person shall be eligible to the position of mayor or councilman of said town unless he is twenty-one years of age, a citizen of the United States and Georgia, and of the county of Mitchell, and shall have resided in the town of Mapleton thirty days previous to the election. Eligibility to office. SEC. 8. Be it further enacted, That section fourteen of said Act be amended by inserting in the blank space in the eighth line of said section the words three-tenths of one, so that said section, when amended, shall read as follows: Sec. 14. Be it further enacted, That for the purpose of raising revenue for the purpose of the support and maintenance of the town government, the mayor and town council of Mapleton 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 and annul expenses of the town government, said tax not to exceed three-tenths of 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. Ad valorem tax. SEC. 9. Be it further enacted, That all of section 17 of said Act be stricken and the following inserted in lieu thereof: The mayor and council shall have power and authority to require all persons within said corporate limits, who are subject to road duty under the laws of the State, to work on the streets of said town not exceeding ten days in one year, or may prescribe a commutation tax, which may be paid in lieu of work on the streets. Street work. SEC. 10. Be it further enacted, That all of section 31 be stricken from this Act. SEC. 11. Be it further enacted, That the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants within the corporate limits of said town shall be prohibited, except such sale shall be made in a dispensary established in accordance with the provisions of the following sections of this Act. Sale of liquors. SEC. 12. Be it further enacted, That the said mayor and council shall at all times have power and authority to establish and maintain a dispensary in said town for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants. Dispensary. SEC. 13. Be it further enacted, That as soon as practicable

Page 997

after the passage of this Act, and annually thereafter, said mayor and council shall, at a regular or called meeting, elect three dispensary commissioners, each of whom shall hold office for one year and until his successor is elected and qualified; all vacancies to be immediately filled by the mayor and council by election, as in the first instance, but for the unexpired term only. Said commissioners shall establish and maintain in said town a dispensary for the sale of said liquors and shall have full power and authority to adopt all rules and regulations and employ all officers, and take all other steps necessary or proper for the operation of such dispensary. Said mayor and council shall have authority to appropriate from the treasury of said town the amount necessary to begin the operation of said dispensary, to be repaid to the said treasury from the profits of the said dispensary, or the commissioners shall have the authority to pledge the future profits of the dispensary for any debt necessary or proper for the establishment and maintenance of the same. All rights and liabilities incurred in the establishment and operation of any dispensary under this Act shall be in the name of the dispensary commissioners of the town of Mapleton, and their successors in office, and complete books shall be kept showing all transactions, and at least quarterly, or more often if required by the mayor and council, the dispensary commissioners shall set aside as dividends or profits all funds arising from the operation of said dispensary that can be conveniently spared from the same, which dividends or profits shall be immediately paid over to the mayor and council of the town of Mapleton, to be appropriated by said mayor and council for educational purposes, and for any other purpose for which municipal funds may be appropriated; and all profits arising from said dispensary in any way shall take that direction. Dispensary commissioners. SEC. 14. Be it further enacted, That the mayor and council of said town shall have the power and authority to pass all ordinances that may be necessary to carry out the purposes of this Act, and to provide suitable penalties for a violation of the same, or of the provisions of this Act, or of the regulations of the dispensary commissioners. Legislative powers of mayor and council over dispensary. SEC. 15. Be it further enacted, That the mayor and council of the said town of Mapleton shall, at all times, have the power and authority to pass any and all laws and ordinances necessary or proper for the establishment or maintenance of a dispensary in said town, for the sale of said liquors, entirely irrespective of the foregoing sections of this Act, they having the power to

Page 998

provide an entirely different system if they see fit; provided, that in no dispensary operated under the provisions of this Act shall liquors be sold by the drink, or be drunk on the premises where sold, nor shall the management and control of the sale of liquors be in the hands of any person pecuniarily interested in the quantity of liquors sold. Legislative powers of mayor and council over dispensary. SEC. 16. Be it further enacted, That any dispensary operated under any provision of this Act may be discontinued any number of times by ordinance of the mayor and council of said town, or re-established any number of times by such ordinance, as long as this Act remains in force. Legislative powers of mayor and council over dispensary. 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 19, 1905. MEIGS, TOWN OF, CHARTER REPEALED. No. 473. An Act to repeal an Act entitled An Act to incorporate the town of Meigs, in Thomas county, and to provide for the election of mayor and council, marshal and clerk, and to define their powers and duties, approved October 29, 1889, and all Acts amendatory thereof and relative thereto. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled An Act to incorporate the town of Meigs, in Thomas county, and to provide for the election of mayor and council, marshal and clerk, and to define their powers and duties, approved October 29, 1889, and all Acts amendatory thereof and relative thereto, be, and the same are, hereby repealed, so as to repeal the charter of said town. Meigs, town of, charter repealed. SEC. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 999

MEIGS, TOWN OF INCORPORATED. No. 474. An Act to incorporate the town of Meigs, in the county of Thomas and the county of Mitchell, and to prescribe its limits; to provide for a mayor and council and other officers of said town, and prescribe their powers and duties, and the manner of their election; to declare and define the police powers of said town, and to provide for all matters of municipal concern and cognizance; to provide that all legal contracts heretofore entered into by the corporate authorities of the town of Meigs, in Thomas county, shall be good and valid for or against the town of Meigs, in the county of Thomas and in the county of Mitchell, and that all rights and property now enjoyed, held and owned by the town of Meigs, in Thomas county, shall be and become the right and property of the town of Meigs, in the county of Thomas and in the county of Mitchell, 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 Meigs, in Thomas county and in Mitchell county, be, and the same is, hereby incorporated as a town under the name and style of the Town of Meigs. Meigs, town of, incorporated. SEC. 2. Be it enacted by the authority aforesaid, That the corporate limits be and are as follows: The corporate limits of the town of Meigs shall extend three-fourths of a mile in every direction from the center of the present site of the depot of the Atlantic Coast Line Railroad, in said town, so as to include all of the territory in every direction within three-fourths of a mile of the center of the depot site aforesaid, except all of that part of lot of land number 141 in the tenth district of Mitchell county, which is more than one half mile from the center of said town, and except all of that part of lot of land number 8 in the seven-teenth district of Thomas county, which is more than one-half mile from the center of said town. Corporate limits. SEC. 3. Be it enacted by the authority aforesaid, That said town may have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in this State; shall have authority to purchase and hold, receive and enjoy,

Page 1000

possess and retain for corporate purposes, any estate, real or personal, of whatever kind or nature, within the jurisdictional limits of the town of Meigs, and may sell or otherwise dispose of the same for the benefit of said town, as to the town council may seem fit and proper, the mayor of said town, by direction of the town council, making deed to any property sold or disposed of by said town. Corporate powers. SEC. 4. Be it further enacted, That the municipal government of the town of Meigs shall be vested in a mayor and seven aldermen, from which number the mayor shall be chosen, who shall be elected as hereinafter set out, and who shall compose the council of the town of Meigs. The present mayor and councilmen of the town of Meigs, in Thomas county, shall continue in office until the expiration of the term for which they are elected, and until their successors are elected and qualified, and shall have and exercise all rights, powers and duties conferred on the mayor and aldermen by this charter. Mayor and aldermen. SEC. 5. Be it further enacted, That an election shall be held in said town on the second Tuesday in January, 1906, and annually thereafter, for seven aldermen, to serve for one year, and until their successors are elected and qualified, the mayor to be chosen by the seven aldermen from their number. Said election to be held at the usual place of holding elections in said town, or at such place as may be designated by ordinance; said election to be held under the supervision of a justice of the peace of the 1508 district, G. M., and two freeholders resident in said town, or of three freeholders resident in said town, and before entering on their duties as managers of said election they shall subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election, that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election who is not qualified and entitled to vote according to the laws of said town, nor will we knowingly prohibit any one from voting who is by said law qualified and entitled to vote, said oath to be signed by each manager in the capacity in which he acts; said oath may be administered by any person qualified to administer oaths, or, if no such officer can be had, said superintendents or managers may swear each other. Said managers shall keep two lists of voters and two tally-sheets of said election. Elections of mayor and aldermen. SEC. 6. Be it further enacted, That the polls at all elections, for any purpose held in and for said town, shall open at ten o'clock, a.m., and close at three o'clock, p.m., sun time. The managers

Page 1001

shall at once proceed to count the ballots and consolidate the returns of said election and certify the result of the same; they shall make certificate of the result on each tally-sheet, and place one of said lists of voters and one of said tally-sheets, together with the ballots, in an envelope or box, and seal the same and deposit it with the ordinary of Thomas county, within forty-eight hours. The other list of voters and tally-sheets shall be placed in an envelope or box, under seal of the managers, and delivered immediately to the clerk of council, for delivery to and inspection by the town council, who shall, on the Monday following said election, or within ten days thereafter, meet and declare the result of the same, and the newly elected mayor and aldermen shall then be sworn in by the outgoing mayor or some person authorized to administer oaths. If one or more of the officers-elect is absent he must be sworn in within thirty days after his election. The following shall be the oath of office: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor (or alderman, as the case may be,) of the town of Meigs; that I will faithfully execute the laws of said town to the best of my skill and knowledge, so help me God. Elections, how held. SEC. 7. Be it further enacted, That after the expiration of thirty days from the time of said election the clerk, in open council meeting in the presence of the mayor and council, shall destroy said tally-sheets and list of voters without inspection; provided no notice of contest be filed or pending. Any one desiring to contest any election shall file a notice of contest with the ordinary of Thomas county within three days after said election, setting forth all the grounds for contest, and the ordinary shall cause a copy of said notice to be served by the sheriff or his deputy upon the contestees and give notice in the manner to both parties of the time and place of hearing, which shall not be later than ten days from the date of service of said notice. The ordinary is authorized to hear and determine the contest (with the right of certiorari to the superior court), the cost to be charged against the losing party. Contested elections. SEC. 8. Be it further enacted, That all persons who shall have paid all taxes legally imposed and demanded by the town authorities, except taxes for the year in which the election is held, who have been bona fide residents of said town for 60 days previous to the time when the election is held, and who are qualified to vote for members of the General Assembly of Georgia, including registration, shall be considered electors and be entitled to vote in any town election, and no other shall be qualified to vote. Qualified voters.

Page 1002

SEC. 9. Be it further enacted, That in case of a vacancy in the office of mayor or aldermen from any cause, said vacancy shall be filled by election of some qualified person by the mayor and council. Vacancies. SEC. 10. Be it further enacted, That the mayor shall preside at the meeting of council, but shall not vote except in the electtion by council of the officers of the town, and in case a tie in the vote of council; the mayor of said town shall see that all laws, ordinances and resolutions of the town are faithfully executed and enforced, and that all the officers of the town shall faithfully discharge the duties required of them; he shall have general jurisdiction of the affairs of the town; he may exercise within the limits of the town the powers conferred upon sheriffs and constables to suppress disorder and keep the peace, to suppress riots and disband disorderly assemblages; it shall be his duty to inspect the books, records and papers of all officers or employees of said town; the mayor or the mayor pro tem. may hold the mayor's court for the trial of all offenders against law and ordinances of said town as often as necessary. Said mayor's court shall have the power to preserve order, compel the attendance of witnesses and punish for contempt; the mayor of said town is authorized to issue warrants for the arrest of all persons charged upon affidavits before him made with having committed within the limits of the town any offense against any penal law of this State, and to give commitment hearing in the same manner and with the same powers as are conferred upon justice of the peace, and the marshal of said town shall have full authority to serve such warrants and execute all legal orders and processes of the mayor or mayor pro tem. Mayor, powers of. SEC. 11. Be it further enacted, That the punishment for any violation of a town law, ordinance or rule, or for contempt, shall be a fine not exceeding $100.00, imprisonment in the guard-house, work on the street chain-gang or other public works of the town, not exceeding 90 days, one or more, or all of these, at the discretion of the trial court, and in addition thereto such costs of the proceedings as may be incurred. Any person convicted before the mayor or mayor pro tem. for any violation of the laws or ordinances of the town, may enter an appeal from the judgment of said court to the mayor and aldermen of the town, provided the appeal be entered instanter, and provided that all costs are first paid and bond given to abide the decision of said council; and any person convicted on such appeal by the mayor and aldermen, sitting in council, may have the right of certiorari to

Page 1003

the superior court of Thomas 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 certiorari from filing the proper paper of affidavit in lieu of the payment of the costs or giving the bond as now required by law. Penalties. Appeals. SEC. 12. Be it further enacted, That if on the trial of any person before the mayor or mayor pro tem. for a violation of any ordinance of the town it shall appear that such person is probably guilty of an offense against the penal laws of the State, it shall be the duty of the court trying such person to commit such person to prison or let to bail to answer before the court having jurisdiction for the same for the offense committed. Appearance bonds SEC. 13. Be it further enacted, That at the first meeting after election the aldermen shall from their number elect a mayor, and that the mayor and council shall, at the first meeting of the same after election and qualification elect the marshal and other police officers of the town, a clerk and treasurer, who may be elected from the board of aldermen, and any other legal officers of said town, not otherwise provided for, who shall hold their office for one year, unless convicted before the mayor and council of failure to discharge their several duties, and until their successors are elected and qualified. The mayor and council shall also elect one of their memebers as mayor pro tem., who shall in the absence of the mayor be the presiding officer of the town and of the council, and shall be allowed to vote on all questions, and who shall, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor, and all the duties, powers, rights and privileges conferred by this charter upon the mayor may and shall be exercised by the mayor pro tem. in the absence or disqualification of the mayor, or when the mayor from sickness or other reasons is unable to act. Municipal officers. SEC. 14. Be it further enacted, That at said first meeting of town council they shall fix the salaries of the marshal and other police officers of the town. The clerk's and treasurer's and mayor's salaries to be and remain as fixed by the retiring council at their last meeting, and the mayor and aldermen shall require of each of the subordinate officers of the council an oath provided by ordinance for the faithful performance of their duties and a bond and security in such sum as may be fixed by ordinance for

Page 1004

the diligent and faithful performance of the duties of their several offices. Salaries. SEC. 15. Be it enacted by the authority aforesaid, That the town council shall have the power to control the finances and the property of the town, to appropriate money and to provide for the payment of the debts and expenses of the corporation. Finances. SEC. 16. Be it further enacted, That the town council shall have power to levy and collect taxes for general and special purposes upon all real and personal property, including franchises, within said town; to provide for the levying and collection of a business or occupation tax upon any trade, business, profession or occupation, except such as are exempt by law, carried on within the town limits, and upon the inhabitants of said town who engage in, or offer or attempt to engage in, any profession, business or occupation in said town, and on such persons as live without the limits of said town, but who engage in or attempt or offer to engage in any profession, business, or occupation, not exempt by law, within the limits of said town, as said mayor and aldermen may deem expedient for the safety, benefit, convenience and advantage of said town. This tax shall be in the nature of a license which must be paid in advance, and the mayor and aldermen shall provide by ordinances for the punishment of all persons required by ordinances to pay such occupation tax, or take out license for the same, who engage in, or offer, or attempt to engage in such business, profession or occupation, before paying such tax or taking out such license, and complying fully with all the requirements of said town council made in reference thereto. Taxation. SEC. 17. Be it further enacted, That the town council shall have power to require a license to be paid upon all theatrical performances, shows, circuses, menageries and exhibitions of any kind for gain, and upon all itinerant traders or peddlers, all vendors of patent or proprietary medicines, drugs, books, nostrums or devices of any kind, of all solicitors or canvassers selling goods, wares, merchandise, or other things by retail to customers; of all agents of fire, accident, or life insurance companies doing business in said town; and to provide by ordinance for the punishment of any person who may engage in, or attempt, or offer to engage in such business or calling without first having taken out the license required by said town for the collection of a license by issuing executions therefor, as executions are issued and collected for ad valorem tax. Licenses. SEC. 18. Be it further enacted, That all male persons over the age of 16 years, and under the age of 50 years, who have resided

Page 1005

within the corporate limits of the said town for a space of ten days, shall be subject to work on the streets, alleys and sidewalks within said limits, each and every year, not exceeding ten days each year, or to pay a commutation tax each year in lieu of working said streets, alleys and sidewalks, not exceeding five dollars each year, and the said mayor and aldermen shall have the right and power to compel said persons to work said streets, alleys and sidewalks not exceeding ten days each year or to pay a commutation tax therefor not exceeding five dollars each year, and in the event any such person fails to do such work, or to pay such commutation tax as may be fixed by the laws and ordinances of said town, after being notified by the marshal or other officer of said town, in writing, one day beforehand, to do said work, or pay said tax, such person, for such refusal or failure, shall be subject to be arrested by the marshal, or any officer of said town, and punished on such charge being preferred against him in the mayor's court, by being compelled to work on the streets, alleys and sidewalks of said town not exceeding 30 days and to pay a fine of $15.00 or less, and to be imprisoned in the town guard-house not exceeding 30 days, one or more or all of these, for each and every day he so fails and refuses. Street work. SEC. 19. Be it further enacted, That it shall be the duty of every person, natural or artificial, owning property in said town, either in his own right or as agent of another or in any fiduciary capacity to make annual returns thereof, within such time as may be fixed by the mayor and council, under oath, to the clerk of council in such form and upon such bland as said mayor and aldermen may prescribe, for taxation; and upon failure or refusal of any person as aforesaid to make such returns, the clerk shall make the returns for taxation of said person, and the property shall be double-taxed, as now prescribed by law in case of parties failing or refusing to make returns to the tax-receivers in this State. Said mayor and aldermen shall, as soon as practicable after the books have been closed each year, carefully examine the returns, and correct all such as are, in their judgment, incorrect, and assess the property returned at such values as shall seem to them fair and equitable, and add to any returns the full value of any property not returned; and as soon as said assessments and corrections, if any, are completed, the clerk shall turn over the books for that year to the treasurer of the town, who shall proceed to collect the taxes as assessed by the mayor and aldermen; provided, the clerk and treasurer may, in the discretion of council, be one and the same person. Tax returns.

Page 1006

SEC. 20. Be it further enacted, That the treasurer shall report to the mayor and aldermen all taxes not collected when the books for any year have been closed, and the mayor and aldermen shall order the clerk to issue executions, under the seal and signature of the clerk against all persons who have failed to pay by the time fixed for issuing executions, which executions shall be a lien, second only to the lien for State and county taxes, on all property owned by the defaulting taxpayer. The executions shall be turned over to the marshal of the town, who shall proceed to collect them, and shall levy, advertise and sell property subject to such executions in the manner authorized by this charter. The deed of the marshal of said town to any property sold under any such execution shall pass the title to the said property to the purchaser as completely and absolutely as the deed of such defaulting taxpayer would have done; the officer making such sale shall put the purchaser in possession of the same. The same rights and privileges shall belong to the person against whom said execution issues, to file an illegality to said execution, and to any person not a party to said execution to file a claim to the property levied on and give bond, as if said execution issued from a justice or superior court of this State; and if the amount claimed on said execution is less than $100.00, all papers connected with the said claim or illegality case shall be returned to the justice court of the district in which the property levied on is found or situated for trial, and said claim or illegality case shall be there tried as such cases are tried by law in said court. If the amount claimed on said execution is more than $100.00 or the property levied on and claimed, or illegality filed, is real estate, then all the papers in said case shall be returned to the superior court of the county where the property levied on is situated or found, in which court said case shall be tried and determined as such cases are by law tried and determined in said court. Tax fl. fas. SEC. 21. Be it further enacted, That for any and all taxes, or fines, or license fees, or assessments, or forfeitures, or demands, due said town or its corporate authorities, the clerk of council, by direction of the mayor and aldermen, shall issue executions in the same manner as in the preceding section set forth, which execution shall be levied and disposed in the same manner and subject to the same rights provided for in the aforesaid preceding section; provided, that all executions issued by the authority of the town of Meigs shall be directed as follows: To the marshal of the town of Meigs, and to all and singular the sheriffs, deputysheriffs, and constables of this State, commanding them that

Page 1007

of any property belonging to the person against whom said execution issues or of certain property described in the execution, to make by levy and sale thereof the amount due upon said execution and costs. Said execution shall have the same force and binding effect as other executions for taxes. Executions for dues to municipality. SEC. 22. Be it further enacted, That the town council shall have the power and authority to provide by ordinance or resolution when the taxes of said town shall fall due and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance or resolution. Taxes, when payable. SEC. 23. Be it further enacted, That the town council of said town shall have the right to condemn and appropriate private property for public use in the manner provided in section 4657 to 4686, inclusive, of volume 2 of the Code of 1895, and Acts amendatory thereof; provided, the marshal of said town shall be a competent person to serve all notices, writs or processes under such condemnation proceedings; said council shall have the power and authority to lay off and open new streets, alleys, lanes and other ways for the convenience of the public; to vacate, close, alter, widen, curb, pave and keep in good order and repair all streets, avenues, alleys, lanes, sidewalks, and to construct and keep in repair drains, sewers and gutters; to improve and light the streets, public buildings and grounds, to furnish water and lights for private use and charge therefor; to keep all public grounds, streets, sidewalks or other ways free from obstructions of any kind; to regulate the width of side-walks and streets; to grade and change streets, sidewalks or other ways. The town council shall have authority to require adjacent land owners or lessees to curb, pave or improve sidewalks at their own expense under direction of authorities of said town, one-third of such actual expense to be borne by the town, and upon failure of the land owners or lesses to do so, the authorities of said town may have such work done and collect two-thirds of the cost thereof from the adjacent land owners or lessees by execution, as other taxes are collected. Street pavements or permanent improvements to streets or gutters to be done at the expense of the town and adjacent land-owners, each one third. Collection to be enforced as hereinbefore provided. The council shall have authority to condemn and appropriate property in the manner hereinbefore provided for any of the purposes in this section authorized, and for any other public improvements or necessities or uses of said town. Condemnation of private property. SEC. 24. Be it further enacted, That the town council shall

Page 1008

have the right and power to regulate the use of all sidewalks and streets and structures over or under the same; to require the owner or occupant of any premises to keep the sidewalks in front of or along the same free from all obstructions; to regulate and prevent the throwing or depositing dirt, garbage, or any offensive matter into any street, alley, or public place within the town and to prevent any injury of any kind to any street, public building, posts, trees, or any other public property of said town; to prevent the use of streets or public places or grounds for signs, sign-posts, awnings, telegraph and telephone poles, posting of hand-bills and advertising. Streets,etc SEC. 25. Be it further enacted, That the town council shall have the right and power to regulate all traffic and sales upon the streets and public places of the town; to regulate the speed of horses or other animals, vehicles, bicycles, or other means of locomotion; to regulate the speed of cars and locomotives within the limits of the town; to prevent and regulate the blocking of any railway or street crossing by any engine, car, or other obstruction; to regulate or prevent the blowing of whistles or ringing of bells in the town limits, to suppress rowdy or disorderly houses of ill-fame within the limits of the town; to suppress gaming or gambling houses, lotteries and all fraudulent devices and practices for the purpose of gambling or of obtaining money or property, and to prohibit the sale or exhibition of obscene or immoral publication, prints, pictures or illustrations. Police powers of council. SEC. 26. Be it further enacted by the authority aforesaid, That the town council shall have the right and power to prescribe the limits within which wooden buildings or structures of any kind shall not be erected, placed, or repaired, without permission of said town council; to provide that any and all buildings within said limits, which shall be known as the Fire Limits, which shall have been damaged by fire, decay or otherwise to the extent of 50 per cent. of the value shall be thrown down or removed and to prescribe the manner of ascertaining such damage by reason of being thus compelled to tear down or remove any such building. In case of an offense against such fire regulations of the town council, after having given five days' notice, shall cause any building not fire-proof so erected in violation of the ordinances of said town, to be moved at the expense of the owner or builder thereof, to be collected by execution as in cases of other executions issued by said town; said town council shall have the right and power to determine what are and what are not fireproof buildings within the meaning of said ordinances; said town

Page 1009

council shall have the right and power to prohibit and prevent the dangerous construction of chimneys, fire-places, stoves, flues, stovepipes, boilers, and apparatuses in or about any building and to cause the same to be removed or placed in safe condition at the expense of the owner, when in the opinion of the town council, it is necessary to do so in order to insure safety against fire, or preserve and promote the security of the property and property [Illegible Text] of any citizen. Fire limits SEC. 27. Be it further enacted by the authority aforesaid, That the town council shall have the right and power to provide for the inspection of steam boilers, to regulate the storage of gunpowder, rosin, turpentine, cotton and any other combustible or explosive substance or material, and the use of lights in stables, shops or other places, and the building of bonfires; also, to regulate or prevent the use of fireworks, fire-crackers, roman candles, sky-rockets, and other pyrotechnic displays. Explosives SEC. 28. Be it further enacted, That the town council shall have the right and power to declare what shall be a nuisance and to abate the same, and to provide for the punishment of persons who may create, continue or suffer nuisances to exist; to appoint a board of health for the said town, and to prescribe their powers and duties; to establish and maintain a quarantine against contagious or infectious diseases; to do all acts and make all regulations which may be necessary or expedient for the promotion of the health, safety and general welfare of the residents of said town, or for the suppression of disease; to establish and regulate cemeteries within or without the corporation, and to acquire lands therefor by gift, purchase or otherwise; to prevent the establishment of any unwholesome or offensive business or establishments within the limits of the corporation; to compel the owners or user of any cellar, stable, pigstye, privy, sewer or anything unwholesome, or offensive house or place; to cleanse, abate or remove the same, and to regulate the location thereof; to prohibit or regulate the keeping, having or running at large of any hog, cow or other animal in said town, or on the streets thereof. Nuisances SEC. 29. Be it further enacted, That all processes, writs and subp[oelig]nas, not otherwise provided, issued in behalf of said town, shall be signed by the mayor or the mayor and clerk of council. All sales under execution by the marshal of said town, if of personal property, shall be advertised by posting the advertisement of such sales at one or more public places in said town for ten days before the sale, and if the sale is of real property the marshal shall advertise the same once a week for four weeks in the

Page 1010

newspaper in which sheriff's advertisements for the county, wherein the property is situate, is done and shall sell such real estate in front of the courthouse door of such county, within the legal hours of sheriff's sale only, on first Tuesday. In case the property sold is personal property, the sale shall take place in the town of Meigs, after advertisement aforesaid, at the same place as constable sales are now made in the 1508 district, G. M., of Thomas county. Executions and other writs, how issued and enforced. SEC. 30. Be it further enacted, That the town council of said town shall have the power and authority to contract debts and issue bonds of said town under and in accordance with the limitation provided in the Constitution of this State, and the general laws of the State applicable to municipalities, and with the funds arising from the sales of any bonds thus issued, may refund existing debt, establish and maintain a system of waterworks, a system of lights, for public or private use, or both; erect public buildings or any other improvement, convenience or necessity for the use of the citizens of said town, and to create a debt and issue bonds of said town for any other lawful purpose, under the limitations herein stated. Debts. SEC. 31. Be it further enacted, That the town council of said town shall have power to pass any and all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State. By proper ordinances to prohibit and punish disorderly conduct, indecent acting and all acts and things that disturb the peace, good order, tranquility and general welfare of the said town. General welfare. SEC. 32. Be it further enacted by the authority aforesaid, That all laws and arts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 24, 1905. MILLEDGEVILLE, SYSTEM OF SEWERAGE. No. 624. An Act authorizing the mayor and aldermen of the city of Milledgeville to grant to B. I. Fraley, Julius A. Horne, John T. Allen, Jos. E. Pottle, J. R. Hines and their associates the right to use and occupy the public streets, lanes and alleys of the

Page 1011

city of Milledgeville for the purpose of constructing, laying and maintaining a system of sewerage in the city of Milledgeville, and for other purposes. SECTION 1. Be it enacted by the General Asembly 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 B. I. Fraley, Julius A. Horne, John T. Allen, Jos. E. Pottle, J. R. Hines and their associates be and they are hereby authorized and empowered to use and occupy the public streets, lanes and alleys of the city of Milledgeville for the purpose of laying, constructing and maintaining a system of sewerage in the city of Milledgeville. Milledgeville; sewerage. SEC. 2. Be it further enacted, That the authority for the use of the streets, lanes and alleys of said city herein conferred may be exercised by the Milledgeville Sewerage Company or such other corporation as may be hereafter created by the persons hereinbefore named. Sewerage Company. SEC. 3. Be it further enacted, That the authority heretofore given to said persons, or said corporation, to use and occupy the public streets, lanes and alleys of said city for the purpose stated, by the mayor and aldermen of the city of Milledgeville, is hereby ratified and confirmed. Franchise of. SEC. 4. Be it further enacted, That this Act shall not go into effect until the same is confirmed and approved by the mayor and aldermen of the city of Milledgeville. Ratification of this Act. SEC. 5. Be it further enacted, That after the passage of this Act, and upon the confirmation and approval of the same by the mayor and aldermen of the city of Milledgeville, the persons named and their associates, or the corporation created by them, shall have the power and authority to use any of the streets, lanes and alleys of said city for the purpose of making excavations, laying sewer pipe and establishing a system of sewerage for the city of Milledgeville. Extent of franchise. SEC. 6. Be it further enacted, That the persons hereinbefore named, or any corporation which may be hereafter created by them, shall have the power and authority to so construct said sewerage system that the sewerage flowing through the same shall empty and be discharged into the Oconee river at or near the city. Outlet of sewers. 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 22, 1905.

Page 1012

MILLWOOD, TOWN OF INCORPORATED. No. 422. An Act to incorporate the town of Millwood, in the county of Ware, and to define its limits; to provide for a mayor and council and other officers of said town, and to prescribe their powers and duties; to provide against the sale of intoxicating liquors in said town; to provide for all matters of municipal concerns and cognizance, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of Millwood, in the county of Ware, be, and is, hereby incorporated as a town under the name of Millwood. Millwood, town of, incorporated. SEC. 2. Be it further enacted by the aforesaid authority, That the corporate limits of said town of Millwood shall extend in every direction the distance of three-fourths of a mile from the railroad crossing, 400 feet east of the depot in said town. Corporate limits. SEC. 3. Be it further enacted, That the municipal authorities of said town shall be a mayor and five councilmen, who are hereby instituted a body corporate by the name of the town of Millwood, 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. Corporate powers. SEC. 4. Be it further enacted, That from and after the passage of this Act that J. B. Bagley of said town be, and he is, hereby appointed and constituted mayor of said town, and B. A. Bennet, J. C. Ralison and C. F. Bennet, and E. L. Rouse, all of said town, be, and they are, hereby appointed, constituted councilmen of said town, the said mayor and councilmen to hold their respective offices until their successors are duly elected and qualified, as hereinafter provided. Mayor and councilmen appointed. SEC. 5. Be it further enacted, That on the 1st Tuesday in January, 1906, and bienially thereafter, on the same day, and the same month, an election shall be held in said town for mayor and councilmen thereof, said election to be under such supervisions and rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. Election of successors.

Page 1013

SEC. 6. Be it further enacted, That all persons that have been bona fide residents of said town for six months next preceding any election held therein, and who are qualified to vote for the members of the General Assembly, shall be allowed to vote at any election held in said town. Voters. SEC. 7. Be it further enacted, That the mayor and councilmen and such 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 prescribe 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 incumbered upon me as mayor, or councilmen, or other officer, of the town of Millwood, 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 intrusted with the records of said town. Oath of officers. SEC. 8. Be it further enacted, by the authority aforesaid, That said mayor and councilmen shall have the power and authority to elect a marshal, clerk, police officers, or such other officers as they may see fit for the execution of the powers and duties imposed by this Act, to prescribe the duties and compensation of such officers, and require of them such bonds as they may deem necessary, said bond to be payable to said town in its corporate name. The said mayor and councilmen shall have authority to consolidate such offices as they may see fit, and to have one person to execute the duties devolving upon two or more distinct offices. Municipal officers. SEC. 9. Be it further enacted, That the mayor and councilmen of said town shall have the power therein to lay off, close, open, keep in good order and repair roads, streets and sidewalks for the use of the public; to prevent an injury or annoyance to the public or individuals from any danger or anything 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; to preserve the peace and good order therein, and punish all offenders for any and all kinds of disorderly conduct and breach of the peace in said town; to provide for the annual assessment of taxable property therein, which, in no event, shall be greater than one-half of one per cent. of the value of the taxable property. (Two and one-half mills for municipal purpose, and two and one-half mills for the purpose of maintaining

Page 1014

a public school for the town of Millwood, as hereinafter set forth); to adopt rules for the regulation and government of its own body. The mayor and 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. Powers of mayor and council. SEC. 10. Be it further enacted, That the mayor and councilmen of Millwood shall have power and authority to levy and collect a street tax, in addition to other taxes, a tax not to exceed three dollars annually, from each and every male person within the corporate limits of said town subject to road duty under the law; provided, that said person 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' continued 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 pay street tax. Street tax. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town shall have power and authority to license and regulate and control all opera houses, halls, livery stables, hacks, drays, wagons, and other vehicles used for hire, auctioneers, itinerant traders, theatrical performers, shows, circuses and exhibitions, and lectures of all kinds, itinerant lightning rod dealers, clocks, stoves and sewing machine peddlers and peddlers of all kinds, itinerant dealers in jewelry and medicine, and all traveling itinerant venders of articles, wares and merchandise, except such as are exempt by the laws of this State. Every keeper of a pool, billiard or bagatelle table kept for public use or game, every keeper of a shooting-gallery, ten-pin alleys, or any other number of games, and the keeper of other gallery, table, stand or other place for the performance of any game or play, whether played with sticks, cards, balls, dice, except such as are prohibited by the laws of this State, or other contrivances. Also any person running a jenny or flying horses, bicycles, velocipedes or skating rinks, photograph gallery, itinerant photographers, all solicitors or canvassers selling goods, wares or merchandise by sample at retail to consumers, and all other establishment, businesses, calling or vocations, which, under the laws of the

Page 1015

State, are subject to licenses, and no license granted by the mayor and council of said town shall ever be transferable, but shall cease and be void when transferred. Specific taxes. SEC. 12. Be it further enacted, That the mayor and councilmen of said town shall have the power to take, impound any horses, mules, hogs, goats, sheep, cows, or other cattle, running at large in said town; to make and enforce all ordinances which may be deemed necessary and proper for the regulations for all of such animals of said town. Stock law. SEC. 13. Be it further enacted, That the mayor and council be forever prohibited from granting licenses in any form to anyone to sell spirituous, vinous, malt, or other intoxicating liquors, within said town of Millwood, and the said mayor and council shall have the right and authority to pass an ordinance to prohibit any one from keeping any kind of intoxicant for the purpose of illegal sale within the corporate limits of said town. Sale of liquors. SEC. 14. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town for the trial of all offenders of said ordinances of said town, to be held by the mayor and council in the council chamber as often as necessary. In the absence of or disqualification of the mayor the mayor pro tem., who shall be chosen by the councilmen from their number, shall hold said court, and in the absence or disqualification of both the mayor and mayor pro tem., any of the councilmen may hold said court. Said court shall have the powers to preserve order and compel the attendance of the witnesses, punish for contempt by imprisonment not exceeding five days, or fine not exceeding ten dollars, one or both. Said mayor shall have full authorty, upon conviction, to sentence any offender to labor upon the streets or any other public works in said town for a period not exceeding thirty days, or a fine not exceeding fifty dollars, or to sentence said offenders to be confined or imprisoned in the guard house, or other place of confinement, in said town for a period not exceeding thirty days, either one or more of said penalties may be imposed, in the discretion of the mayor or acting mayor. Mayor's court. SEC. 15. Be it further enacted, That the mayor of said town shall have the authority to bind over or commit to jail offenders against any criminal laws of Georgia, when in the court of investigation before him a proper case thereof shall be made out by evidence. Appearance bonds. SEC. 16. Be it further enacted, That the mayor and councilmen shall have exclusive right and authority to regulate and control any and all property heretofore or hereafter given and

Page 1016

donated within the limits of said town to the public to be used as cemeteries or place of public burial in said town. Said mayor and councilmen shall have the right to prescribe and enforce all proper and necessary rules for the sale of lots in said cemetery, execute titles in the name of the town to purchasers of said lots, and to have all otehr necessary authority and power for the regulation and control of such cemetery. Cemetery. SEC. 17. Be it further enacted, That the mayor and councilmen shall have the power to establish a fee bill for the officers of said city, elected or appointed by them, and said fee bill may be collected and turned into the treasury of the city or may be paid to the officers so earning such fees, as the mayor and councilmen by ordinance directs. Fees of officers. SEC. 18. Be it further enacted, That from and after the passage of this Act there shall be established in the town of Millwood a system of public schools, the same to be established, conducted and supported in the manner hereinafter set forth. Public schools. SEC. 19. Be it further enacted, That the mayor and councilmen of said town shall have charge of said schools, and for the better carrying this Act into effect, they shall elect annually, on their first meeting night in September, not less than three nor more than five trustees, who shall have immediate charge of said schools, under the direction of the mayor and councilmen, or the mayor and council may, by ordinance, provide for the election of the trustees by the qualified voters of said town at the annual elections of said town officers. That, whether elected by voters or themselves, the mayor and council shall by election fill all vacancies that shall occur. When all the members of said boards of trustees have had notice of meeting, a majority shall constitute a quorum for the transaction of business. School trustees. SEC. 20. Be it further enacted, That no member shall reside without the town of Millwood; that the officers of said board shall be president and secretary, the former of whom shall be exofficio the superintendent of schools. The duties of the president shall be prescribed by the boards, and he and the secretary shall hold their offices at the pleasure of the board. Officers of board of trustees. SEC. 21. Be it further enacted, That the duties of said trustees shall be to establish two schools in the town of Millwood, one for white children and one for colored children, which shall be entirely distinct and separate; to provide schoolhouses by building, rent or otherwise; to employ teachers and provide the curriculum of said schools; to fix the salaries of teachers; to make all such

Page 1017

by-laws for the government of the board and for the government of said schools, and for the paying out of school funds, as they may deem best, and one not in conflict with the laws of this State or the ordinances of the town of Millwood. Said board of trustees shall make no contracts nor incur any expense without first submitting same to the town council and receiving an appropriation therefor. Powers and duties of trustees SEC. 22. Be it further enacted, That the necessary funds for the establishing and maintaining said public schools shall be as follows, to wit: 1st. The town council of Millwood is hereby authorized and required by levy each year after the passage of this Act a special ad valorem tax not to exceed two and one-half mills on the property in said town subject to taxation, as heretofore provided in section nine of this Act; to collect said tax and pay the same out on the order of the said board of trustees; 2nd. The State school commissioner is hereby authorized and required to pay over to the treasurer of said town the pro rata share of the State schools funds for Ware county for each child attending said schools established by said trustees, upon presentation by the treasurer of the town of Millwood of a list of pupils within said town of Millwood, which number shall be ascertained by the school census taken each year under the direction of mayor and council of the town of Millwood. 3rd. The board of trustees of said school are hereby authorized and required to employ for said school those teachers only who have a license to teach in the common schools of the State. School tax Distributive share of State school fund. SEC. 23. Be it further enacted, That all sums paid as above required to the trustees shall constitute public school funds of said town and shall be used for the following purposes, to wit: Payment of the salaries of teachers, buying, building or renting schoolhouses and insuring and repairing the same, and for all other purposes connected with and for the good of said schools. Disbursement of school fund. SEC. 24. Be it further enacted, That said school shall be open for not less than five nor more than ten months in each year, and shall be free (except a matriculation fee of one dollar per scholastic quarter) to all children between the ages of six and eighteen years, whose parents and guardians reside within the corporate limits of the town of Millwood, and the children of non-residents and those above eighteen years of age may be admitted on such terms as the mayor and council may prescribe. School year, and children. SEC. 25. Be it further enacted, That any member of said board of education shall for malfeasance or nonfeasance, neglect of duty, or other sufficient cause, be removed by the majority

Page 1018

vote of the council of said town, and the vacancy shall be filled in the same manner by election. Malfeasance. SEC. 26. Be it further enacted, That the authorities of Ware county shall not establish or open any school within the corporate limits of the town of Millwood, nor have any voice or authority in the management of said schools therein established by the authorities of the town of Millwood. Other schools. SEC. 27. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 24, 1905. MOLENA, CITY OF, INCORPORATED. No. 507. An Act to incorporate Molena, in Pike county, Georgia, as a city, and to create a mayor and aldermen therefor with powers to adopt such ordinance as they deem necessary for the internal government and the police regulations of the city, and to authorize them to enforce obedience to such ordinances by fine or imprisonment, or both, in their discretion, and to empower the mayor to issue license to and collect a special tax from all persons, firms or corporations following, carrying on or engaging in any profession, trade, business, calling or avocation in the city on such terms as they deem fit, and to collect an ad valorem tax on all the property in the city limits. The mayor is authorized to issue a tax execution against the person and property for all tax due the city. The mayor and aldermen shall provide for the collection of such executions by ordinance, and to empower the mayor to buy in all property sold under tax execution for the city; to empower the mayor to discharge the duties of an ex officio justice of the peace in all criminal matters; to fix the limits of the 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 from and after the passage of this Act that the town of Molena, in Pike county, Georgia, be, and the same is, hereby incorporated as the city of Molena; the corporate powers of said city shall be vested in a mayor and five aldermen, and shall be

Page 1019

known as the mayor and aldermen of the city of Molena, and in such name shall have perpetual succession, may sue and be sued, plead and be impleaded; may have and use a common seal, and shall be capable in law to purchase, have, hold, receive, enjoy and retain to them and their successors, for the use of said city, any real estate or personal property within the limits thereof, parks, cemeteries, schoolhouses, colleges and charitable purposes, and for the collection of tax due the city, and may make all contracts in their corporate capacity proper and legal to administer said city government. Molena, city of, incorporated SEC. 2. Be it further enacted by the authority aforesaid, That the present mayor and council hold their office, subject to all the conditions and regulations contained in this charter, until their successors are elected and qualified, on the first Monday in January in each year. The mayor and aldermen shall be elected for the term of one year, and the mayor and aldermen shall immediately appoint the policeman, clerk and treasurer. The fees or salary to be fixed by a majority of the mayor and aldermen, in the same manner as they shall be held at the mayor's office. Any three freeholders of said city may be managers of such elections, and each of them may swear the other. The oath shall be the same as the oath taken by the managers of the election for members of the General Assembly, and the election shall be conducted under the same rules and regulations, as to the qualifications of voters, except that the voters must have been citizens of the city of Molena for at least six months, next preceding the election, and shall reside in the corporate limits of the city. The returns of said election shall be made to the mayor-elect after the result has been declared by the managers; the managers shall issue a certificate to the mayor and aldermen elected, which shall be kept on file in the mayor's office. The time for opening and closing the polls may be fixed by the mayor and aldermen; the mayor and aldermen shall select one of the aldermen to preside as mayor pro tem. in the absence of the mayor, and in case of the death or resignation of the mayor the mayor pro tem. shall discharge the duties of the mayor until the next regular election of mayor. The marshal and other subordinate officers shall be subject to removal by the mayor and aldermen on cause shown to be unbecoming an officer. The mayor may appoint three tax-assessors to value the real estate upon which tax may be levied in the city, who shall hold their office for one year; the assessors shall make their returns to the mayor not later than August the first in each year, of which the property owners must have five days' notice,

Page 1020

and if they are not satisfied with the assessment they may arbitrate the dispute in the same manner as the like questions arising on the State and county tax are arbitrated. Officers of, election of successors SEC. 3. Be it further enacted by the authority aforesaid, The mayor shall issue execution against all persons and their property for the collection of any tax due the city, and for all fines and forfeitures on bonds taken for the appearance of any person to answer any charge for a violation of any ordinance or police regulation of the city. The marshal shall have authority to arrest all persons violating any of the ordinances or police regulations of the city, or violating any of the criminal laws of this State, either with or without a warrant for that purpose. The marshal shall have the power to take bond for the appearance before the mayor of all persons for a violation of any of the ordinances or police regulations of the city, or for violating any of the criminal laws of this State. The marshal shall have power to levy all executions issued by the mayor, and upon any and all property belonging to the party against whom such executions shall issue. He shall have the power to sell the same at the time and place fixed by the mayor and aldermen, after the same has been advertised, as provided by the State laws; provided, the marshal shall not levy upon any property not within the limits of the city. The sheriffs and constables of this State are hereby empowered to levy all executions issued by the mayor. They are further empowered to sell the property upon which they levy such fi. fas.; provided, the constables shall turn over to the sheriffs all levies, real estate, who shall sell the same; all moneys arising under such sales, whether made by the sheriff, constables or the marshal, shall be turned over to the mayor, who shall make distribution of the same under the State laws; all sales shall be advertised, as provided by the State law. Executions for dues to municipality. SEC. 4. Be it further enacted, by the authority aforesaid, That the mayor, and in his absence, the mayor pro tem., have jurisdiction to try and determine all cases made against any and all persons for a violation of any of the city ordinances or police regulations, and to issue fines, not to exceed the sum of one hundred dollars, or to sentence to the city prison, or work on the streets of the city, not to exceed thirty days, either one or both of these, in the discretion of the court; they may forfeit bonds and attach for contempts of the court; compel the attendance of the witnesses and the production of books, papers, etc., and shall have all such other and further power as may be necessary to carry into full force and effect this charter. They shall have power to issue a

Page 1021

license to and collect from all persons, firms or corporations following, carrying on or engaging in any profession, trade, business calling or avocation in the city, a special tax not to exceed fifteen dollars. The mayor and aldermen shall have power to levy and collect an ad valorem tax not to exceed one-half of one per cent. upon all property, both real and personal, in the city, and to compel each male citizen, between the ages of sixteen and fifty years, to work upon the streets as many days as they deem necessary, or in default thereof, to pay such commutation tax as they may require. Mayor's court. Taxation. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power to adopt such ordinances as they deem necessary to protect the life, liberty, property and person within the corporate limits of the city; may condemn private property for public uses, as provided by State statutes; may lay out and open streets and provide for lighting city; provide for the public schools of the city, and regulate the same; may provide waterworks for the city, and for proper drainage; may provide a sanitary system for the city; may provide for paving the streets, and enforce execution against abutting property to pay for the same; may regulate any and all kinds of business in the city, and may prevent the running at large of all kinds of stock and dogs in the city; may adopt such ordinances, rules and regulations as will protect the citizens of the city in their peace and quietude, and may regulate excavations and the building of all kind of houses; may prevent the spread of contagious diseases and conflagrations; may issue bonds, not to exceed $4,000, and bind the city to pay the same, as by statutes of the State in such cases made and provided; may establish a cemetery for the city, and regulate the same; may establish houses for charitable purposes and regulate the same; may build an office for the use of the officers of the city; may establish a guardhouse, and maintain prisons therein. Powers of mayor and aldermen. SEC. 6. Be it enacted by the authority aforesaid, That the mayor shall have the power to discharge the duties of an ex officio justice of the peace in all criminal matters. Mayor ex officio a justice of the peace. SEC. 7. Be it enacted by the authority aforesaid, That the limits of the city shall extend three-fourths of one mile in each direction from the depot in said city. Corporate limits. SEC. 8. Be it enacted by the authority aforesaid That on and after the passage of this Act, the corporate powers of the town of Molena, in the county of Pike and State of Georgia, be dissolved and abolished, and the town, together with all its rights

Page 1022

and liabilities, be merged in and become rights and liabilities of the city of Molena, under this charter. Town of Molena. 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 23, 1905. NEWNAN, BOARD OF HEALTH. No. 228. An Act to amend the charter of the city of Newnan, Ga., Coweta county, so as to provide that a board of health shall be created; to prescribe their term of office, define their powers, duties and liabilities, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That at the first regular meeting of the mayor and aldermen of the city of Newnan, or as soon thereafter as practicable, after the passage and approval of this Act, there shall be elected by the mayor and aldermen three upright and intelligent citizens, who shall constitute a board of health. The term of office of the members of said board elected under this Act shall be as follows: One shall be elected for one year, one for two years and one for three years; the term of office of the members first elected shall be fixed in the discretion of the mayor and aldermen; provided they comply with this Act. At the expiration of any of the member's term of office the mayor and aldermen shall elect for a term of three years; provided, however, that vacancies caused by death, resignation or removal shall be filled by the mayor and aldermen for the unexpired term of the member withdrawing. Board of health. SEC. 2. Be it further enacted, That it shall be the duty of the board of health to meet at such regular intervals as they deem necessary and visit all and every part of the city, and report to the council all nuisances which are likely to endanger the health of the city or of any neighborhood. And the said mayor and aldermen shall have power, upon the report of the board of health, to cause such nuisances to be abated and their recommendations carried out in a summary manner at the expense of the party whose act or neglect caused such nuisance, or of the owner of the premises, as the council shall elect. That said board shall especially

Page 1023

inspect all privies within the city, and if any privy is found to be a nuisance, or dangerous to the health of any inhabitant of the city, upon recommendation of the board the council shall have authority to summarily abate the nuisance, and cause, at the owner's expense, if the owner after reasonable notice refuses, to be made sufficient water and sewerage connections. Nuisances. SEC. 3. Be it further enacted, That if the board of health of said city neglect or refuse to attend to the duties imposed upon them, the mayor and aldermen shall act as said board and have power to remove all nuisances, without the recommendation of the board of health elected, that may be injurious to the health of the city or any inhabitant thereof, as above provided. This Act may be pleaded and shall be a complete defense to any action brought against the city or the mayor and aldermen, or either of them, for any act done by them under its provisions, and of the ordinances passed in pursuance of it. Neglect of board of health. Duties of mayor and aldermen. SEC. 4. Be it further enacted, That the members of the board of health shall receive as compensation for their services such sum as the mayor and aldermen do provide, and no more. Repealing clause. Approved August 2, 1905. OCILLA, CORPORATE LIMITS EXTENDED. No. 564. An Act to amend an Act approved on the 18th day of December, 1902, incorporating the city of Ocilla, in Irwin county, Georgia, to provide for extending the corporate limits of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the charter of the city of Ocilla, in Irwin county, Georgia, approved on the 18th day of December, 1902, be, and the same is, hereby amended as follows: That all of section two (2) after the word follows in the third line be stricken out, and insert and write in lieu of that part so stricken out the following words as the corporate limit or boundary lines of said municipal corporation, to wit: Beginning at the northeast corner of lot of land number forty-two, situate in the fifth (5th) land district of Irwin county, Georgia, thence

Page 1024

to run south along the original land lot line of said lot of land number forty-two to the southeast corner of the same; thence to run west along the original land lot line of said lot of land number forty-two to the southwest corner of the same; thence to run west along the original land lot line of lot of land number forty-three, in the said fifth land district of Irwin county, Georgia, to a point two thousand and three hundred (2,300) feet west of the southwest corner of said lot of land number forty-two; thence due north through said lot of land number forty-three to the north original lot line of said lot of land; thence east along the original land lot line of said lot of land number forty-three to the northeast corner of the same; thence to run north along the original land lot line dividing lots of land numbers four (4) and five (5) in said fifth land district of Irwin county, a distance of seven hundred feet; thence east a distance of one thousand and three hundred feet; thence south a distance of seven hundred feet to the north original land lot line of said lot of land number forty-two; thence east along the north original land lot line of said lot number forty-two to the place of beginning. Ocilla; Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That the said charter of the city of Ocilla, Georgia, be further amended by striking out all of section three (3), except the enacting clause of said section, and substitute and write in its place and stead the following words, and which shall be known as section 3 of said original charter, to wit: That on the first Tuesday in the month of January, in the year 1907, and biennially thereafter, there shall be held in and for said city of Ocilla an election for the purpose of electing by popular vote a mayor and five aldermen for said city, who shall each hold his office for the term and time of two years, or until his respective successor is elected and qualified by taking the oath of office. If from any cause any municipal election herein provided for, or to be ordered by the mayor and aldermen for any purpose, shall not be held on the day previously fixed, then it shall be the duty of the mayor and aldermen to order such election held to be held on a day named by them within thirty days from the day any such election should have occurred, but failed to occur; and they shall give ten days' notice of any such election ordered by them to the public by publication of the same at the door of the council chamber of the city and also in some public gazette published in the city or having a general circulation therein. All municipal elections held in said city shall be held at the usual place of holding the regular meetings of the mayor and aldermen for the transaction of official

Page 1025

business in the city or at any other convenient and accessible place therein, to be selected and designated by the mayor and aldermen before the day of holding the same, and the voting in all elections for whatever purpose held therein shall be printed or written ballot. Election of mayor and aldermen. SEC. 3. Be it further enacted by the authority aforesaid, That the said charter of the city of Ocilla, Georgia, be further amended by striking the words twenty thousand from the third line of section forty-three (43) as they occur between the word of and the word dollars, and insert in lieu of the words so stricken the words fifty thousand. Municipal bonds. 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 23, 1905. ODESSADALE, TOWN OF, INCORPORATED. No. 566. An Act to incorporate the town of Odessadale, in the county of Meriwether, and to grant certain powers and privileges to 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 from and after the passage of this Act the town of Odessadale, in the county of Meriwether, be, and the same is, hereby incorporated under the name of the town of Odessadale; that the municipal government of the town of Odessadale shall be vested in amayor and four councilmen, who are hereby constituted a body corporate under the name and style of the Town of Odessadale, and by that name and style shall have perpetual succession, and shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain, to them and their successors, for the use of the town of Odessadale, any estate, real or personal of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said incorporation, or convey the same or any part thereof in any manner or

Page 1026

way whatever; that the territory embraced within the following boundary shall constitute the town of Odessadale: Beginning at the north line of land lot 90 in the 7th district, Meriwether county, Georgia, at a point one hundred and thirty (130) feet west of the center of the public road leading from Odessadale to Greenville, Georgia; thence west along the original north line of said lot 90 and lot 103 for a distance of fifteen hundred and twenty-five (1,525) feet to the center of the branch that is north and west of Odessadale; thence in a southwestern direction down said branch and along the center of same to a point that is nine hundred and sixty-three (963) feet west from the intersection of the center line of the main line of the Macon and Birmingham Railway and the center of the main street which crosses said railway immediately south of the depot of said railway (which point of intersection is also thirty-seven and one half (37) feet southward from the southern corner of said depot); thence south fifteen hundred and ninety (1,590) feet; thence east twenty-seven hundred and sixty (2,760) feet; thence north twenty-nine hundred and seventy-eight (2,978) feet to the point of beginning. Said described boundary line embracing a part of land lots 90 and 103 in the 7th district of Meriwether county, Georgia. Odessadale, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That J. A. Glanton be, and he is, hereby appointed mayor of said town, and J. A. Stipe, T. H. Reeves, W. B. Partridge and W. R. S. Smith be, and they are, hereby appointed councilmen of said town, to hold their offices until the first annual election in said town in the year 1906, and until their successors are elected and qualified. The above named officers to enter upon the discharge of their duties upon their taking oath well and truly to administer the affairs of their said office, immediately upon the passage of this Act. Mayor and councilmen appointed. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in said town at such place as the mayor of said town shall direct and designate on the first Monday in January, 1906, and on the first Monday in January in each year thereafter, for a mayor and four councilmen, who shall hold their offices for one year or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause whatever the mayor of said town shall order an election held in said town by posting a notice in three public places. Said notice shall be posted ten days before said election. Said election shall be held under the law governing the

Page 1027

election of members of the General Assembly and only such qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take an oath to well and truly discharge the duties of the offices. Election of successors. SEC. 4. Be it further enacted by the authority aforesaid, That the sale of liquor within the incorporate limits of said town is hereby prohibited. Sale of liquors. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Odessadale shall have power to make all ordinances, rules and regulations necessary to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge, when necessary, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses; to establish markets, and regulate all butcher pens, tanyards, livery stables, blacksmith shops, forges, stoves and chimneys in said town, and remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed to be a public nuisance and destructive to the health, peace and quiet of said town; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead, and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits, and from time to time to enlarge or restrict the same, and prescribe what kind and class of building shall not be constructed within said limits; to fill open wells or other excavations or unenclosed premises; and the said mayor and council shall also have entire and absolute control and jurisdiction of all soil-pipes, private drains and sewers, water-closets and privy-vaults and dry wells in said town, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may

Page 1028

seem best for the preservation of the health of the inhabitants of said town; and with power also to require changes in, or the total discontinuance of, any such contrivances and structures already in existence, or that may hereafter be allowed and to compel the owners of property to convey the water from housetops by means of guttering or otherwise, to sewerage pipes; provided, said sewerage pipes are lain within fifteen feet of the building required to be guttered. Powers of mayor and councilmen. SEC. 6. Be it further enacted, That said mayor may hold police courts, try offenders for violation of the ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not to exceed fifty dollars, imprisonment not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of said mayor. And, when sitting as a court, said mayor may fine for contempt not exceeding ten dollars or imprisonment for five days for such contempt. From all decisions of said mayor imposing punishments or penalties for violations of such ordinances, rules and regulations there may be an appeal for the mayor and council upon such terms as may be prescribed by said mayor and council. Mayor's court. Appeals. SEC. 7. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal, and prescribe their duties, not inconsistent with this Act and the laws of this State, and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their officers, and fix their compensation. Said mayor and council are authorized to appoint a tax-assessor, or assessors, should more than one be required, to assess the taxable property of said town, and perform such other service as may be required in connection with said office, fix the compensation of such assessor and require a bond for the faithful performance of his duties; provided, that nothing in this Act shall disqualify one person from holding the offices of clerk, treasurer and assessor at the same time. Municipal officers. SEC. 8. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes upon the real and personal property within the corporate limits of said town; provided, that the tax assessed shall not exceed the amount of the State tax; also to levy and collect such tax on business occupations, theatrical exhibitions or other performances, exercised, performed or exhibited within the corporate limits of said town, and fix such license on circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed proper. [Illegible Text]

Page 1029

SEC. 9. Be it further enacted, That should any property owners be dissatisfied with the assessment or valuation placed upon his or their property by the assessor or assessors provided for in the seventh section of this Act, he or they shall have the right to appeal from said assessment to the mayor and council; provided, said appeal shall be made within ten days after the returns of said assessor or assessors shall have been made to said mayor and council. Appeals from tax assessments. SEC. 10. Be it further enacted, That said mayor and council may choose from their own number a mayor pro tempore, who shall, in the absence, sickness or disqualification of the mayor and in the case of the absence, sickness or disqualification of the mayor pro tempore, a majority of the councilmen shall choose one of themselves to act as mayor temporarily. Mayor pro tem. SEC. 11. Be it further enacted, That the mayor and councilmen shall not receive any compensation for their services as such, but shall be free from street duty during their term of office. Exemption from street duty SEC. 12. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said town, subject by law to road duty, to work on the streets and walks of said town not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons, not to exceed five dollars. Street work. SEC. 13. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. General welfare. SEC. 14. Be it further enacted, That all of the powers and duties contained in sections 696, 697, 698, 699, 700, 701, 702, 703, 704, 705 of the Code of 1895, volume 1, are hereby adopted and made a part of this Act. General corporate powers. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905.

Page 1030

OMEGA, NEW CHARTER. No. 150. An Act to establish a new charter for the town of Omega, in the county of Worth, 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 Georgia, and it is hereby enacted by authority of the same, That the town of Omega shall hereafter exist under the name and style of the Mayor and Council of the Town of Omega, and the corporate limits of said town shall be as follows: The limits of said town shall be described, taking the public cross as a center and extending one-half mile each way, north, south, east and west. Omega; corporate name and limits. SEC. 2. Be it further enacted, That the government of said town shall be vested in a mayor, a mayor pro tem., five councilmen and a secretary and treasurer, and until the expiration of the term of office for which the present officers are elected, the present mayor, to wit: R. J. Lewis shall remain mayor, W. F. Cox mayor pro tem., and the present councilmen, J. W. Carr, G. W. Ridley, C. V. Taylor, Joe Merchant and Jas. Capps, all of whom are members of the present board, shall remain councilmen, together with Dr. W. G. DeVane as secretary and treasurer. Officers appointed. SEC. 3. Be it further enacted, That at the expiration of the term of office for which the present officers are elected, there shall be held in said town, and annually thereafter on same date, at the usual place of holding meetings of the council, an election for mayor and councilmen, who shall hold their office for one year, and until their successors are elected and qualified. At such elections all persons who have been bona fide residents of said town for six months before said mayor's election, who have paid all taxes of every description, legally imposed and demanded by authorities of said town, 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 in said town and not candidates in said election; or, in the absence of a justice of the peace, any three freeholders, electors of said town, not candidates in said

Page 1031

election, may manage same. Said managers shall conduct elections as nearly as practicable as elections for members of the General Assembly are conducted. 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 superinted this day's election; that we are qualified by being freeholders and justices of the peace, to hold the same; that we will make a just and true return of same, and not knowingly permit any one to vote unless we believe that he is entitled to do so, according to the charter of the town of Omega, not knowingly prohibit any one from voting who is so entitled; and we will not knowingly divulge for whom any vote was cast unless called upon to do so under the law, so help us God. Said affidavit shall be signed by each superintendent or manager, in the capacity in which he acts, Said oath shall be made and subscribed before some officer authorized to administer oaths, if any such be present; and if no such officer be present said oath may be made and subscribed by each manager in the presence of others. The managers acting at elections 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, which certificate shall be sufficient authority to the persons so elected, to enter upon the discharge of their official duties after qualification, as hereinafter provided. Election of successors. SEC. 4. Be it further enacted, That no person shall be eligible to any office under this Act, who is not a qualified elector of said town. Eligibility to office. SEC. 5. Be it further enacted, That before entering upon their official duties said mayor and councilmen shall be sworn faithfully and impartially to discharge the duties of his office to the best of his ability; and they shall constitute a body politic and corporate under the name and style of the Mayor and Councilmen of the Town of Omega, 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 Omega and the inhabitants thereof, and for preserving the health, morals, peace and good order of the same, not in conflict with the Constitution or laws of this State; and shall have power and authority given by such corporate name, to contract and to be contracted with, to sue and to be sued, to plead and implead, in any

Page 1032

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 the said town of Omega; to use, manage, sell, lease, improve or rent, under negotiations prescribed by the council, any of said property as may be advisable for corporate interests. Corporate rights, liabilities and powers. SEC. 6. Be it further enacted, That the mayor and councilmen, at the first meeting after each annual election, shall elect a marshal, a clerk and a treasurer, from their own number, who shall take the same oath required of the mayor, and shall give bond as said mayor and councilmen shall require; said mayor and council shall fix the compensation of said marshal, clerk and treasurer, which shall not be changed during their term of office. Said marshal, clerk and treasurer shall each perform all the duties required of him by said mayor and council in conformity of law. The said marshal, clerk or treasurer may be removed, suspended or discharged from office for neglect of duty, incapacity to discharge the duties of the office to which he was elected, immoral conduct unbecoming an officer, or other good cause. Officers. SEC. 7. Be it further enacted, That the mayor shall be the chief executive officer of said town of Omega; he shall see that all laws and ordinances of said town are executed and observed; he shall receive such salary as shall be fixed at the first regular meeting of the town council of each municipal year, but said salary shall not exceed the sum of twenty-five dollars ($25.00), and shall not be changed during the year for which the same is fixed; that said councilmen shall not receive a salary exceeding twenty-five dollars ($25.00) per annum each, and shall be fixed and remain unchanged as in the case of the mayor. Mayor's duties and powers. Salaries. SEC. 8. Be it further enacted, That the mayor and councilmen shall fix by vote the time of their regular meetings, and elect a mayor pro tem. from among their number at the first annual meeting who shall be, in the absence of the mayor, the presiding officer. The presiding officer shall not vote except in case of a tie; the mayor or mayor pro tem. and three councilmen shall constitute a quorum for the transaction of business, but no ordinance passed by said mayor and councilmen shall be legal, valid and binding, unless passed by a full vote at their regular meeting. Meetings of council. SEC. 9. Be it further enacted, That said mayor or mayor pro tem. shall have power at any time to hold mayor's court under rules of said mayor and councilmen for the trial of offenders against the ordinances of the town of Omega, and to impose such

Page 1033

fines, sentences and penalties as may be deemed just and proper not exceeding the sum of fifty dollars ($50.00), or imprisonment or labor on the streets or other public works of Omega, not exceedingly thirty days, in the discretion of the mayor or mayor pro tem. The power to impose and enforce the sentences of said mayor's court is hereby given to said mayor and council who may regulate and provide for the same by regular ordinances. Mayor's court. SEC. 10. Be it further enacted, That there may be an appeal from the decision of the mayor to the council, which shall be in writing under such rules and regulations as made and provided by said mayor and councilmen, and upon the hearing of said appeal said councilmen may set aside, reduce, increase or modify the sentence imposed by the mayor or mayor pro tem. They are not to exceed the limits specified in section 10 of this Act. Appeals from mayor's court SEC. 11. Be it further enacted, That said mayor and mayor pro tem. in all criminal matters committed within the corporate limits of said town of Omega, shall have full power to, and may issue warrants, bind over and admit to bail or commit to jail offenders against the laws of this State in such manner as justice of the peace. SEC. 12. Be it further enacted, That the mayor and council shall have power to levy and collect an ad valorem tax, not to exceed one-fifth of one per cent. on all taxable property within the corporate limits, and which is taxable by the laws of this State, to prescribe by ordinance the method, manner and rules or regulations for estimating the value of the property for taxation, belonging to the taxapayers of said town. Ad valorem tax SEC. 13. Be it further enacted, That said mayor and councilmen shall have power to levy an annual tax not exceeding ten dollars ($10.00) upon all agents of all insurance companies doing business in said town, upon all drays, persons engaged in hauling for hire with drays, wagons, hacks, or other conveyances; upon all livery, sale, or feed stables, upon all businesses of every kind and class conducted within the corporate limits of said town. They shall have power to levy special tax not exceeding twenty-five dollars ($25.00) on all shows of every kind, circuses, vaudevilles, street fairs, flying-jennies, and theatrical performances, and they shall have power to levy special tax not exceeding five dollars ($5.00) per day upon all transients doing business in said town, and on all itinerant peddlers who may deal in commodities, which may come in competition with the regular businesses of said town, not exempt by the laws of Georgia. Specific taxes. SEC. 14. Be it further enacted, That if any person or corporation

Page 1034

shall fail to pay the taxes imposed by this Act the clerk shall issue an execution against such defaulters, which shall be signed by said clerk and attested in the name of the mayor, which execution shall bind all the property owned by such delinquent taxpayer on the first day of March of the year in which said taxes are due, and all property subsequently acquired, and shall rank as other items for taxes under the laws of Georgia. Such execution shall be directed to the marshal, who shall enforce the same by a levy and sale as in cases of constable sales, except sales of real estate, in which case the real estate shall be advertised as in case of sheriff's sales, and the marshal shall make a deed of sale to the purchasers, and when requested to do so, put the purchaser in possession. Tax fl. fas. SEC. 15. Be it further enacted, That when any person shall fail to pay any of the taxes required under the provisions of this Act, which are duly required of them by the mayor and council, and the marshal shall fail to make same, provided in section 14, may be arraigned as a tax defaulter before the mayor's court, and fined and punished as provided in section 9. Tax defaulters. SEC. 16. Be it further enacted, That the mayor and council shall have full power and authority to lay out, widen, straighten, open, close, alter, pave, drain and keep in good order and repair the roads, streets, sidewalks, alleys, crosswalks and squares in said town for the use of the public, and to dig, repair or fill up any public wells or well, to establish and maintain such a system of grading and drainage for the town, which they may deem proper. To this end they will have full power to appropriate and condemn lands in said town and shall be liable to the owner thereof for a reasonable and fair sum as damages. When damages are claimed for appropriating private lands for streets, ditches, or other purposes mentioned in this Act, and the council and the owner can not agree, the same may be submitted to the arbitration of three freeholders of said town, one to be chosen by said council, one by the owner of the property, the third by the two, who shall appraise after due consideration of the damages, taking into consideration the advantages derived by the owner in consequence of the work done or caused to be done by the council. Said arbitrators shall take an oath faithfully and honestly to discharge their duties and make return to the mayor and council within ten days. Awards so made shall be recorded on the records in the clerk's office. Either party being dissatisfied with the findings of said arbitrators shall have a right to enter an appeal

Page 1035

to the superior court of said county as allowed in cases of appeals required by the law. Streets,etc SEC. 17. Be it further enacted, That the mayor and council shall have power and authority to grant franchises for waterworks, gasworks, electric lights, telegraph and telephone lines, and electric, steam or horse railways through the streets and alleys of said town, on such terms and conditions as said mayor and town council may by ordinance prescribe. Franchises SEC. 18. Be it further enacted, That all persons subject to road duty in this State, and who are residents of the town of Omega, shall be liable and subject to work on the streets not exceeding fifteen days in each year; provided, that the mayor and council shall have authority to levy a tax per capita in lieu thereof, the sum not exceeding five dollars ($5.00) per annum; provided further, that all persons failing to pay said taxes or work upon the streets of said town when duly notified to do so, may be arraigned and punished as provided in section 9, for a violation of the ordinances of said town; provided further, that street taxes will also be collectable by execution, levy and sale, as other taxes. Street work. SEC. 19. 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 for the officers of justices' courts. Fees of officers. SEC. 20. 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 contagious or infectious disease, or to isolate, localize or prevent the spread or increase of the same when found in the town, and to protect the health of the citizens of said town. They shall have the power to abate as a nuisance all wells, ponds, pools, slaughter-pens, privies, or other like things which in their judgment tend to spread disease among the citizens of said town. Public health. SEC. 21. 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 22, 1905.

Page 1036

PELHAM, DISPENSARY. No. 37. An Act to amend the charter of the town of Pelham, in Mitchell county, so as to authorize said town to establish and maintain a dispensary for the sale of intoxicating liquors, and to authorize the mayor and council of said town to pass all ordinances necessary or proper for the establishment and maintenance of a dispensary. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the charter of the town of Pelham, in Mitchell county, embodied in an Act approved September 14, 1881, and the various Acts amendatory thereof, be, and it is, hereby amended in the following particulars: Pelham. SEC. 2. Be it further enacted, That the said mayor and council shall at all times have power and authority to establish and maintain a dispensary in said town for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants. Dispensary SEC. 3. Be it further enacted, That as soon as practicable after the passage of this Act, and annually thereafter, said mayor and council shall at a regular or called meeting elect three dispensary commissioners, each of whom shall hold office for one year and until his successor is elected and qualified, all vacancies to be immediately filled by the mayor and council by election as in the first instance, but for the unexpired term only. Said commissioners shall establish and maintain in said town a dispensary for the sale of said liquors and shall have full power and authority to adopt all rules and regulations and employ all officers and take all other steps necessary or proper for the operation of said dispensary. Said mayor and council shall have authority to appropriate from the treasury of said town the amount necessary to begin the operation of said dispensary, to be repaid to the said treasury from the profits of the said dispensary, or the commissioners shall have the authority to pledge the future profits of the dispensary for any debt necessary or proper for the establishment and maintenance of the same. All rights and liabilities incurred in the establishment and operation of any dispensary under this Act shall be in the name of the dispensary commissioners of the town of Pelham and their successors in office, and complete books

Page 1037

shall be kept showing all transactions, and at least quarterly, or more often if required by the mayor and council, the dispensary commissioners shall set aside as dividends or profits all funds arising from the operation of said dispensary that can be conveniently spared from the same, which dividends or profits shall be immediately paid over to the mayor and council of the town of Pelham, to be appropriated by said mayor and council for educational purposes and for any other purposes for which municipal funds may be appropriated, and all profits arising from said dispensary in any way shall take that direction. Dispensary commissioners. SEC. 4. Be it further enacted, That the mayor and council of said town shall have power and authority to pass all ordinances that may be necessary to carry out the purposes of this Act, and to provide suitable penalties for a violation of the same or of the provisions of this Act, or of the regulations of the dispensary commissioners. Control of dispensary SEC. 5. Be it further enacted, That the mayor and council of the said town of Pelham shall at all times have power and authority to pass any and all laws and ordinances necessary or proper for the establishment or maintenance of a dispensary in said town for the sale of said liquors entirely irrespective of the foregoing sections of this Act, they having the power to provide an entirely different system if they see fit; provided, that in no dispensary operated under the provisions of this Act shall liquor be sold by the drink, or be drunk on the premises where sold; nor shall the management and control of the sale of liquors be in the hands of any person pecuniarily interested in the quantity of liquors sold. Dispensary system. SEC. 6. Be it further enacted, That any dispensary operated under any provision of this Act may be discontinued any number of times by ordinance of the mayor and council of said town or reestablished any number of times by such ordinance as long as this Act remains of force. Suspension of dispensary. 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 August 15, 1905.

Page 1038

PELHAM, CHARTER AMENDED. No. 51. An Act to amend the charter of the town of Pelham, in the county of Mitchell, so as to authorize the mayor and councilmen of said town to grant for terms not exceeding twenty-five years exclusive or general franchises to persons or corporations for the establishment and operation of telephones, electric lighting plants, gas light plants, street railways, and all other public utilities, together with the exclusive or general right to occupy the streets of said town, longitudinally or otherwise, at above or below the surface, for any or all of said purposes, on such terms as may be prescribed by said mayor and councilmen, and to authorize the issuing of bonds for the purpose of making public improvements, and establishing, owning and operating public utilities in said town and for owning and erecting public buildings, either or all by said town, and the issuing of bonds for any or all of said purposes by said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, that the charter of the town of Pelham, in the county of Mitchell, embodied in an Act entitled an Act to incorporate the town of Pelham, in Mitchell county, and to provide a government for same, approved September 14, 1881, and the various Acts amendatory thereof heretofore passed, be, and the same are, hereby amended in the respects hereinafter stated. Pelham. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town shall have full power and authority by ordinance or by resolution for terms not exceeding twenty-five years to grant to any person or corporation and their assigns upon such terms as the said mayor and councilmen may by such ordinance or resolution prescribe either exclusive or general franchises for the establishment and operation of telephones, electric light plants, gas light plants, street railway and any or all other public utilities, together with the exclusive or general right to occupy longitudinally or otherwise, any or all streets of said town, at above or below the surface for any or all of said purposes, including the right to erect and maintain in said streets poles, wires, conduits and other fixtures for such telephones and electric light plants, and the right to lay and maintain

Page 1039

in such streets pipes and other fixtures for such gas light plants and the right to establish and maintain in such streets tracks and other fixtures for such street railways and the right to establish and maintain in such streets any and all fixtures, structures and appliances of any kind to be used in the establishment and operation of any of said public utilities. Franchises SEC. 3. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have full power and authority to establish, erect, equip and maintain a system of waterworks in and for said town with or without a sewerage system and do such work and lay such pipes and main over the lands of others in or outside of the town as is necessary; and to buy or condemn and to assess the damages therefor as is now provided by law either in or outside of said town, such lands as are found necessary for the purposes of erecting and maintaining such system. Waterworks. SEC. 4. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have the power and authority at their discretion to establish, erect and maintain a system of electric lights in and for said town and to buy or condemn any lands and assess the damages therefor in or outside of said town necessary for the erection and maintenance of the same. Electric lights. SEC. 5. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have the authority to create by ordinance such offices and elect all officers necessary to carry out the provisions of sections 3 and 4 of this Act. Powers of mayor and councilmen. SEC. 6. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have full authority at their discretion to build, erect, equip and maintain any school building or school buildings or any other public buildings in said town when they deem advisable. School and other public buildings. SEC. 7. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have authority from time to time in their discretion to call elections and submit the matter of issuing bonds to raise money to make such improvements or establish such utilities as are contemplated in sections 3, 4 and 6 of this Act to the voters of said town as provided by law in the matter of municipal bonds; and if said election is carried to issue such bonds and sell such amounts as is required to raise the necessary fund. That they shall have authority to do all other acts not in conflict with other provisions of this charter or of the Constitution and laws of said State necessary to carry out the purpose of this section. Municipal bonds.

Page 1040

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 15, 1905. PEMBROKE, TOWN OF, INCORPORATED. No. 549. An Act to incorporate the town of Pembroke, in the county of Bryan, State of Georgia; to define the corporate limits thereof; to provide for a mayor and councilmen and other officers; to prescribe their duties; to provide municipal government of said town; to confer certain powers and privileges on same; to provide for the enacting of all necessary ordinances; to provide for penalties for the violation of the same; to authorize and empower the mayor and council to issue bonds for the purpose of building schoolbuildings and equipping 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 Pembroke, in the county of Bryan, be, and the same is, hereby declared to be incorporated under the name and style of the City of Pembroke, and shall be entitled to sue and be sued, plead and be impleaded, purchase and hold real estate, necessary to enable the mayor and council of the said city of Pembroke to the better discharge of their duties, and needful for the good order, government and welfare of said town, and by said name also shall have perpetual succession. Pembroke, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city of Pembroke shall extend in every direction the distance of one mile from the depot, or warehouse of the S. A. L. Railway as now situated. Corporate limits. SEC. 3. Be it further enacted, That the municipal authorities of said city shall be a mayor and five councilmen, who are hereby constituted a body corporate for said city of Pembroke and by that name, and that W. J. Strickland is hereby constituted and appointed mayor for said city, and R. S. Burgess, M. A. Gibson, James B. Moyd, Julius Morgan and C. C. Moyd, all of said city, be, and they are, hereby constituted and appointed councilmen of said city, the mayor and councilmen to hold their respective offices

Page 1041

until their successors in office are duly elected and qualified as hereinafter provided. Mayor and councilmen appointed. SEC. 4. That on the second Tuesday in January, 1906, and annually thereafter on the same day and in the same month, an election should be held in said city of Pembroke for mayor and councilmen thereof 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 members of the General Assembly, and all persons living within the corporate limits of said city of Pembroke who have been bona fide residents of said city of Pembroke for three months, and who have paid all taxes, both State, county and municipal required of them up to the year of said election, and who are qualified to vote for members of the General Assembly shall be allowed to vote at any election held in said city. Election of successors. SEC. 5. Be it further enacted, That in the event the office of mayor or a vacancy among the councilmen shall occur by death or other cause, the balance, mayor, council or councilmen, shall order an election to fill such vacancy, of which election at least ten days' written notice shall be given by posting a notice in three public places in said city, and if there be a newspaper in said city, the same be published in said newspaper. That no person shall be eligible to the position of mayor or councilman unless he is twenty-one years of age, a citizen of the United States and the State of Georgia, and shall have resided in said city of Pembroke six months previous to the election. That any person voting at any election of said city who is not a qualified voter under the provisions of this chapter shall be guilty of misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039 of the Penal Code of 1895. Vacancies. Eligibility to office. Illegal voting. SEC. 6. Be it further enacted, That the mayor and councilmen and such other officers of said city as hereinafter provided for, shall, after election or appointment to his office, and before he enters upon the duties thereof, take and subscribe the following oath (which may be administered by any officer authorized to administer oaths): I do solemnly swear or affirm that I will discharge all the duties incumbent upon me as mayor or councilman or other officer of the city of Pembroke, according to the best of my ability and understanding, so help me, God. Said oath, with the certificate of the officer administering the same, shall be filed with recording officer, and recorded in the records of said city of Pembroke. Oath of mayor and councilmen.

Page 1042

SEC. 7. Be it further enacted, That the mayor and council shall have power and authority to elect such marshals, clerks and other subordinate officers as may be deemed necessary for the carrying on the government of said city, and the powers herein granted, and to prescribe the duties and compensations of said officers, and require of them such bonds as they may deem necessary, payable to the city of Pembroke. Officers. SEC. 8. Be it further enacted, That the mayor and council of said city shall be authorized and empowered to enact any and all ordinances, by-laws, rules and regulations that they may deem necessary and proper to the interest and good government of said city; that they shall have power to lay off, open, keep in good order and repairs all roads, streets and sidewalks for the use of the public or any citizen thereof; to open up and keep in repair all ditches, drains and other things necessary to drain said city of Pembroke, and to prevent any injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places for 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 of any person or citizen of said city, to preserve the peace and good order therein; to provide for the annual assessment of property therein by appointing assessors, or otherwise, which in no event shall be greater than one per cent. of the value of all taxable property; to adopt rules and regulations, and to pass all needful orders, ordinances, by-laws and regulations, not contrary to the Constitution of the laws of Georgia, and to carry into effect the foregoing enumerated powers, and all others conferred upon said city, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonments, in the city jail or prison, and the organizing of work gangs, and to confine the labor therein, which shall not exceed as follows: That fine, not exceeding $50.00; imprisonment in city jail, not exceeding thirty days; labor in the work gangs in the streets, not exceeding thirty days; for all persons convicted for violating the ordinances of said city; provided, that the penalty inflicted to work in work gangs in streets shall be as alternative for failure or refusal to pay fines imposed in such violation. Powers of mayor and council. SEC. 9. Be it further enacted, That the mayor of said city of Pembroke shall be chief executive officer thereof; he shall see that the ordinances, by-laws, rules and regulations of council are faithfully executed; he shall have control of the police of said city, and may appoint special police when he may deem it necessary;

Page 1043

he shall have power to hold his police court for the trial of all offenders of the ordinances, by-laws, rules and regulations of said city at any time he may fix, and he shall have authority to bind over or commit to jail offenders against the criminal laws of Georgia in preliminary trials, when the proper case is made out, and the defendants shall have a right, in the trial of the municipal court, to appeal from the decision of the mayor to the whole council upon such terms as may be provided by ordinance; the mayor shall have power to issue execution for all fines, penalties and cost imposed by him, or he may require the immediate payment thereof, or, in default of such immediate payment, he may imprison the offender or put him on the work gang in the streets, as hereinbefore provided. Powers and duties of mayor. SEC. 10. Be it further enacted, That for the purpose of raising revenue for the purpose of supporting and maintaining the town government, the mayor and city council of Pembroke shall have full power and authority, and shall prescribe by ordinance, for the assessment, levy and collection of an ad valorem tax on all real and personal property in the limits of said city to defray the annual expenses of the city government, said tax not to exceed 3-10 of one per cent., and shall have the right to supervise and revise the terms of both real and personal property, and to double the tax of all persons failing or refusing to make returns of their property; and there shall be a lien on all real estate within the corporate limits of said city for the city taxes assessed thereon and all fines and penalties imposed upon the owners thereof, which lien shall have priority over all other liens, except for taxes due the State and county, and may be enforced in such manner as the mayor and council may provide. Ad valorem tax. SEC. 11. Be it further enacted, That the mayor and council of the city of Pembroke shall have power and authority to levy and collect a street tax, in addition to other taxes, not to exceed five dollars, upon each and every male person within the corporate limits of said city subject to road duty under the laws; provided, that such persons so taxed shall have an opportunity to work on the streets not exceeding ten days in each year under the supervision of marshal in lieu of the payment of street tax. And person or persons refusing to pay said tax, or work on the streets in lieu thereof, may, after five days' notice, be sentenced by the mayor to work on the streets or be imprisoned for not more than thirty days. Thirty days' continuous residence in the incorporate limits of said city of Pembroke shall be sufficient to constitute a

Page 1044

resident to said city, so as to subject him to the liability of paying street tax. Street tax. SEC. 12. Be it further enacted, That the mayor and council shall have power and authority to levy and collect taxes on all professions, trades, business occupations, theatrical exhibitions, shows, merry-go-round, or other performances within the city; on all peddlers, venders of medicines, itinerant traders, salesmen or soliciting agents, hotels, boarding houses, livery stable and transportation companies, and on all pool or billiard tables, ten pin alley, or any other number of pins played with, and on all other games kept or played within the corporate limits of said city; to grant license for the same, and regulate them by ordinance. That said city of Pembroke shall enjoy all the rights, powers and privileges incident to such corporations, and not repugnant to the Constitution of the laws of the United States and of this State. Specific taxes. SEC. 13. Be it further enacted, That the mayor and council of the city of Pembroke shall have power and authority to issue bonds to an amount not exceeding $10,000.00 principal. Such bond to be issued in such denominations as the said mayor and council may decide upon. That said bonds shall bear such rate of interest as said mayor and council may fix; in no event to exceed 6 per cent. per annum. Said interest shall be made payable annually. The principal of said bonds shall be made payable at such times as the mayor and council shall decide upon; provided, that the principal of said bonds shall be made payable so that the entire principal may fall due and be made payable at the expiration of thirty years from the date of issuing of said bonds. That the money arising from the sale of said bonds shall be used for the purpose of finishing, improving and paying for the building of the schoolhouse now being erected in the city of Pembroke and furnishing and equipping the same. School bonds. SEC. 14. Be it further enacted, That said bonds shall not issue until the consent of two-thirds of the qualified voters of said city shall have been obtained at an election to be held for that purpose; and the number of votes cast at said election shall be recognized as the entire qualified voters of said city, and two-thirds of which may authorize the issuing of said bonds. And it is hereby made the duty of the mayor and council ordering said election to provide for the notice and other regulations governing said election. Election for bonds. SEC. 15. Be it further enacted, That the mayor and council of

Page 1045

said city shall have power and authority to establish quarantine regulations against all persons who have been exposed to small-pox, yellow fever, or other contagious diseases, or against infected localities; to enforce and make effective such regulations; to establish a pesthouse or camp of detention within or without said city, and cause the removal thereon or detention therein of all persons affected with such diseases, or have been in affected localities, or exposed to such diseases. They shall have power to require all persons within said city, whether resident or transient, to be vaccinated whenever, in their opinion, the same should be advisable. They shall have full power to provide ordinances and regulations to protect the health and sanitary conditions in said city, and to provide penalties for their violation. Quarantine and sanitation SEC. 16. Be it further enacted, That the mayor and council shall have power and authority to provide for and regulate the compensation and fees of the mayor, councilmen, marshal, clerk and any and all other officers that may be elected or appointed for the said city of Pembroke. Fees of officers. SEC. 17. Be it further enacted, That all valid contracts heretofore entered into by the town of Pembroke or by the mayor and council thereof shall be good and valid for or against the city of Pembroke; that all rights and liabilities of the town of Pembroke or the mayor and council of Pembroke shall accrue either to or against the city of Pembroke, as the case may be, and that all ordinances of the town of Pembroke or of the mayor and council of Pembroke, not in conflict with this charter, shall be valid and enforcible as ordnances of the city of Pembroke. Contracts, rights and liabilities of corporation. 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 23, 1905. PITTS, TOWN OF, INCORPORATED. No. 160. An Act to incorporate the town of Pitts, in the county of Wilcox; to provide for the election of a mayor and council of said town; to define the corporate limits of said town; to provide for a system of revenue, by taxation or otherwise, and for other purposes herein contained.

Page 1046

SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Pitts, in the county of Wilcox, be, and the same is, hereby incorporated as a town under the name of the Town of Pitts. Pitts, 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 of the Seaboard Air Line railway at Pitts, 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 Pitts, and by that name and style shall have perpetual succession, with the 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 Pitts 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 to use a common seal. Corporate powers. SEC. 4. Be it further enacted, That the first election for organization under this charter for the election of a mayor and five councilmen shall be held on the first Tuesday in September, 1905, to serve as such for the balance of the year 1905, that, on the first Wednesday in January, 1906, another election shall be held for the election of mayor and five councilmen, and annually thereafter, on the same date, there shall be held in said town of Pitts an election for the election of said officers, who shall hold their offices until their successors are elected and qualified. At the first election all persons residing within the corporate 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, who would be entitled to vote for members of the General Assembly, who, before registering, as hereinafter required, have paid all taxes of every description required of him by law, shall be qualified electors. Election of mayor and councilmen. SEC. 5. Be it further enacted, That such election shall be conducted

Page 1047

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 hold the same. Said managers shall conduct such elections as nearly as possible as elections for members of the General Assembly are conducted. The polls at such elections shall open at 8 a.m. and shall close at 3 p.m. After the first election under this charter, the mayor and town council may appoint annually any two freeholders and a justice of the peace, or any three freeholders 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 by each manager in the presence of the others. The managers of said elections shall issue a certificate of election to each of the persons so elected not later than three days after the election, 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 duties, after qualification hereinafter provided. Elections, how held. SEC. 6. Be it further enacted, That in the event the office of the mayor shall become vacant, or any vacancy should 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 be 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 in town. That all of the electors or voters who voted or registered at the last regular election held in said town shall be qualified voters in this special election to fill said vacancy. Vacancies SEC. 7. Be it further enacted, That the mayor and each councilman, as soon as practicable, after they receive the certificate of election, shall make and subscribe the following before any person authorized to administer oaths: I do solemnly swear that I will

Page 1048

faithfully discharge all the duties devolving upon me as mayor or councilman (as the case may be) of the town of Pitts 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. Any person elected as mayor or councilman failing to qualify within twenty days after said election, his office shall be declared vacant. Oath of mayor and councilmen. SEC. 8. Be it further enacted, That the mayor and councilmen shall elect annually, at the first regular meeting, 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. They shall elect a clerk, marshal and such other officers as they may deem necessary, fix their fees and salaries, take their bonds and prescribe their duties; all of which 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 by the mayor and councilmen for neglect of duty, incapacity or malfeasance in office; all of said officers to take and subscribe the following oath: I do swear that I will faithfully discharge my duties as an officer of the town of Pitts to the best of my ability and understanding, so help me, God, which said oath shall be entered on the records of the town. Officers. SEC. 9. Be it further enacted, That it shall be the duty of the marshal of said town to levy all executions in favor of said town, and advertise and sell the property levied upon in accordance with the law governing sheriffs' sales in this State; to have the same power to make deeds and place the purchaser in possession as the sheriffs of this State have, but that no person shall be eligible to the office of regular marshal unless he shall have resided in said town ninety days immediately preceding his election; that before entering upon his duties of regular marshal he shall give such bond as the mayor and council may see fit to prescribe. Marshal. SEC. 10. Be it further enacted, That the clerk of said town council shall keep a book to be labeled Registration book of the town of Pitts, 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, in Wilcox county six months, and that on the first Wednesday in January next I will have been a bona fide resident of the town of Pitts sixty days, that I am twenty-one years old and have paid all taxes legally required of me, so help me, God, said oath to be subscribed in the presence of the clerk. The clerk shall open

Page 1049

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. 11. Be it further enacted, That any person voting at any election of said town who is not qualified according to the provisions of this charter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 1039 of the Penal Code of this State of 1895. Illegal voting. SEC. 12. Be it further enacted, That no person shall be eligible to the positio 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 Pitts six months previous to the election. Eligibility to office. SEC. 13. 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; provided, that the mayor and councilmen elected at the first election to be held under the provisions of this Act shall receive no compensation; provided further, that the compensation for mayor and aldermen for their services shall be fixed by their predecessors in office, and not by themselves, and in no case shall exceed one hundred dollars per annum for the mayor, and the sum of twenty-five dollars per annum for each councilman. Salaries. SEC. 14. 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 or the United States. General welfare. SEC. 15. 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 Pitts 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 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 all persons failing or refusing to make returns of their property. Ad valorem tax. SEC. 16. Be it further enacted, That the mayor and council of Pitts shall have the power and authority to license, regulate and

Page 1050

control all hotels, 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, itinerant dealers in jewelry, peddlers of all kinds, and all other traveling and itinerant venders of articles, goods, wares and merchandise of every kind and nature, flying-horses, bicycle shops, brokers and agents of any other business whatever; dealers in fish, beef markets, and all other establishments, business or avocation not heretofore mentioned, and which, under the laws and Constitution of the State of Georgia, are subject to license. Licenses. SEC. 17. Be it further enacted, That it shall not be in the power of said mayor and councilmen to grant license 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 violating this section of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039 of the Penal Code of Georgia of 1895. Sale of liquors. SEC. 18. 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 from the time the same are assessed or imposed, which liens shall have priority over all other liens 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. Liens. SEC. 19. Be it further enacted, That the mayor and council of Pitts shall have power and authority to levy and collect a street tax in addition to other taxes, a tax not to exceed three dollars upon each and every male person within the corporate limits of said town subject to road duty under the laws; provided, that the said persons so taxed shall have an opportunity to work the streets and relieve themselves of said tax by working the streets a certain number of days, said number of days to be fixed by the mayor and council and to be 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 said streets not to exceed thirty days, 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 tax. Street tax.

Page 1051

SEC. 20. Be it further enacted, That the mayor and council shall have the 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. Arrests, etc. SEC. 21. 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 full power to try, sentence and punish all offenders against the charter, ordinances and by-laws of said town; to compel attendance of witnesses, to examine them under oath, to punish for contempts, 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. Powers and duties of mayor. SEC. 22. 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. 23. Be it further enacted, that there shall be a mayor's court in said town for the trial of all offenders against the laws and ordinances of said town, to be held by the mayor in the council chamber as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem., who shall have been chosen, shall hold said court; and in the absence or disqualification of both mayor and mayor pro tem., any of the councilmen shall hold said court, being given the same right and authority to the mayor. Mayor's court. SEC. 24. Be it further enacted, That any person convicted in the mayor's court shall have the right, upon the payment of whatever cost may have accrued, to appeal to the full board of councilmen, within four days, upon giving bond, to be fixed by the mayor, or acting mayor, and the right is given any person to certiorari from the decision of said board, as now provided by law, upon a compliance with the laws relative thereto. Appeals. SEC. 25. Be it further enacted, That said mayor and council shall have full power and authority to provide by ordinance for the forfeiture of all bail bonds for the appearance before the mayor's court of said town. Forfeitures.

Page 1052

SEC. 26. Be it further enacted, That the mayor and council shall have full power to regulate their own meetings and pass such regulations and by-laws for the conduct of the business of the town pending before the body as they may deem proper, and to make such parliamentary rules for the government of the body as to insure the proper enforcement of the provisions of this charter. Meetings of mayor and council. SEC. 27. 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 limits of said town, and to commit them to the guard-house of 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. 28. Be it further enacted, That the mayor and council shall have the power and authority to elect a clerk and treasurer, provided they see proper; to fix their term of office and prescribe their salaries. Clerk and treasurer. SEC. 29. 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 23, 1905. POWDER SPRINGS, CHARTER AMENDED. No. 528. An Act to amend an Act to incorporate the town of Powder Springs, in Cobb county, providing for the election of mayor, council, clerk, and to define their powers, duties, etc., approved September 18, 1883, and amended December 8, 1897, so as to extend, define and fix the limits of said town of Powder Springs, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 1 of said amended Act, approved December 8, 1897, be stricken, and in lieu thereof the following be passed, to be known as section 1 of said Act, and to read as follows: Section 1. The corporate limits of said town shall be defined as follows, to wit: Beginning on the west side of Powder Springs, at the bridge over Powder Springs creek, and running down the creek south, making the

Page 1053

east side of the creek the line a distance of five hundred yards; thence east to the south corner of the cemetery on the road leading to Austell; thence from southeast corner of cemetery, and running due north to north side of Atlanta and Birmingham Air Line railway; thence in a westerly direction along north side of said Atlanta and Birmingham Air Line railway to land line east of public road crossing, said road known as the Powder Springs and Lost Mountain road; thence due south along said land line to the branch near Primitive Baptist church, there intersecting with the present corporate limits of said town; thence westward along said branch to junction of Dallas and Lost Mountain roads; thence west along the south side of the Dallas road a distance of two hundred yards; thence south to Powder Springs creek; thence south down the creek to beginning corner. Powder Springs; 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 22, 1905. PULASKI, TOWN OF, INCORPORATED. No. 358. An Act to incorporate the town of Pulaski, in Bulloch county, Georgia; to create a municipal government for said town of Pulaski; to define its boundary lines; to provide for the election of a mayor and council and other officers, and to define their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Pulaski, in the county of Bulloch, be, and the same is, hereby incorporated as a town under the name of Pulaski. Pulaski, town of, incorporated. Sec. 2. Be it enacted by the authority aforesaid, That from and after the passage of this Act, the corporate limits of the said town of Pulaski shall extend and embrace a radius of one-half of a mile from the center of the town in every direction, and that the depot of the Central of Georgia railway company, as now located, be the center of the town. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the

Page 1054

municipal government of said town shall consist of and be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Pulaski, 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 that said mayor and council, in and by said corporate name, shall have power to contract and be contracted with, to sue and be sued, to plead and be impleaded in all of the courts of this State, and be able in law to purchase, hold, receive, enjoy and preserve for the sole use and benefit of said town of Pulaski, any property, real or personal, in fee or for a lesser estate, or for years, within or without the corporate limits of said town of Pulaski, and to have and use a common seal. Mayor and council, powers of. Sec. 4. Be it further enacted, That on the first Wednesday in December, 1905, and annually thereafter, there shall be held in said town of Pulaski an election for the mayor and councilmen, who shall hold their offices until their successors are elected and qualified. At the first election and at 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 required, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Election of mayor and councilmen. Sec. 5. Be it further enacted, That from and after the passage of this Act, and until their successors are elected and qualified, as before provided, the following shall be mayor and council of said town of Pulaski, to wit: H. L. Franklin, mayor; George O. Franklin, W. B. Lee, H. R. Williams, J. W. Donaldson and G. B. Johnson, councilmen. Mayor and councilmen appointed. Sec. 6. Be it further enacted, That the election for mayor and councilmen shall be held by a justice of the peace, if there be one resident in said town, and two freeholders of said town; or, in the event there be no justice of the peace resident in the town, or in the event of the failure or refusal of such justice of the peace from any cause to act as superintendent of said election, then the election shall be held by three freeholders of said town, the freeholders to be appointed by the mayor of the town as superintendents of such elections; the superintendents shall take an oath for the due performance of their duties as such, and shall have the usual powers of election superintendents, including the power to administer

Page 1055

oaths to voters as to their qualifications to vote. The polls at said elections shall open at 9 a. m. and shall be closed at 4 p. m. The superintendents of said elections shall keep a numbered list of persons 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 at least two tally sheets of same, and shall duly declare the result of the election, and shall within five days after said election issue certificates of election under their official signatures to the persons receiving the highest number of votes polled. They shall place in a sealed package all ballots, together with the voters' list and tally-sheets, same having first been duly certified by said superintendents to be correct, and shall deliver said package to the town clerk, to be by him safely kept. Only in case of contest shall said sealed package be opened after two months (in the event there is no contest) the said town clerk shall destroy said sealed package without examination. The compensation of said election superintendents shall be two dollars per day, unless the compensation shall hereafter be fixed at a different amount by the said council. The mayor shall, within ten days, qualify by taking an oath to well and truly perform the duties of his office, which oath shall be taken before any officer of said State authorized by law to administer an oath. At the first regular meeting of the council, the mayor shall administer to each of the councilmen a similar oath, and the oaths of the mayor and councilmen shall be entered upon the minutes of the council. In the event of a failure to hold said election it shall 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 at least three public places in the town. No person shall be qualified to hold the office of mayor or councilman who is not qualified to vote at the election. Elections, how held. Sec. 7. Be it further enacted, That in the event of vacancy in the office of mayor or councilman, by reason of death, resignation or other cause, the mayor shall order an election to fill such vacancy, of which election at least ten days' written notice shall be given by posting notices in at least three public places in said town. In case the office of mayor is vacant, the call for election shall be issued by the mayor pro tem.; and if there is no mayor pro tem., the call shall be issued by the council. The persons elected to fill such vacancy shall fill the unexpired term only. Vacancies. Sec. 8. Be it further enacted, That at the first regular meeting of the town council in January, a mayor pro tem. from the council shall be elected, who shall perform all the duties and exercise all

Page 1056

the powers of the mayor when for any cause the mayor is absent or disqualified. Mayor pro tem. Sec. 9. Be it further enacted, That at the first regular meeting in January the town council shall elect a clerk, a marshal and such other officers as they shall deem necessary; to fix their fees and salaries and fix the amount of bond to be given by each, and also to prescribe the duties of each. All of said officers shall hold their offices for one year and until their successors are elected and qualified; provided, however, that any of said officers may be removed at any time by the mayor and council for neglect of duty, incapacity or misconduct in office. Officers. Sec. 10. Be it enacted, That the clerk of said town shall keep a book to be labeled registration book of the town of Pulaski, 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 12 months, and that on the first Wednesday in December next I will have been a bona fide resident of the town of Pulaski 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. 11. Be it 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 shall be punished as provided in section 1039 of the Penal Code of this State of 1895. Illegal voting. Sec. 12. Be it enacted, That no person shall be eligible to the office of mayor or councilman unless he is twenty-one years of age, a citizen of the United States and of the State of Georgia, and has resided in town of Pulaski six months previous to the election. Eligibility to office. Sec. 13. Be it enacted, That the mayor and councilmen shall receive as compensation for their services such amount as the council shall fix, which shall not be increased nor diminished during their term of office. Salaries. Sec. 14. Be it enacted, That the mayor and council shall have the power to enact and pass all ordinances, by-laws, rules and regulations as may be necessary for the good government, peace, order and health of said town, and they are likewise empowered hereby to enforce such by-laws, ordinances, rules and regulations as they

Page 1057

may enact; provided same are not in conflict with the Constitution or laws of the State of Georgia or of the United States. General welfare. Sec. 15. Be it enacted, That for the purpose of raising revenue for the support and maintenance of the government of the town of Pulaski, the said mayor and council shall have the power and full authority to assess, levy and collect an annual ad valorem tax on all property, real and personal, within the corporate limts of said town of Pulaski, for the purpose of defraying the annual expenses of the town government. Said tax not to exceed one-half of one per cent.; and said mayor and council shall have the power and authority to prescribe for the return of property for taxation, and for the assessment, levy and collection of said taxes; and shall have the right and power to supervise and correct the returns of property, and to double tax all persons failing or refusing to make the returns required. At their election, on good excuse shown, said mayor and council may relieve any person from the double tax. No person can be relieved of said double tax after it has been assessed, except by filing with the mayor a written petition setting out the excuse for not having made the return within the prescribed time, which petition shall be sworn to before some officer authorized by law to administer oaths. Said petition shall be filed with the mayor at least three days before the date to be fixed by the mayor for a hearing. At the hearing the person bringing the petition may introduce any legal evidence, which it shall be the duty of the mayor and council to hear, and if in their judgment a good excuse be shown, such person may be relieved from said double tax. Ad valorem tax. Sec. 16. Be it enacted, That the mayor and council of Pulaski shall have power and authority to fix annually the time for the return of property for taxation, and also fix the time for the payment of the taxes provided for in this Act. Notice of said dates shall be given for two weeks prior thereto by posting written notices thereof in three or more public places in said town, which notices shall also give the date when the tax books will close. Taxes, returns for and payment of. Sec. 17. Be it enacted, That a tax lien is hereby established upon all property, real and personal, within the corporate limits of said town for the town taxes assessed thereon, and for all fines and penalties that may be assessed or imposed upon the owners thereof which liens shall have priority over all other liens except for State and county taxes, and said liens may be enforced in the same manner as liens for county taxes are enforced. Liens. Sec. 18. Be it enacted, That the mayor and council of Pulaski shall have power and authority to fix the amount of license and to issue license for, and to regulate and control, all hotels, restaurants,

Page 1058

boarding-houses, livery stables, hacks, drays, auctioneers, peddlers, itinerant traders and venders of all and any kind of goods, wares and merchandise, pool and billiard tables, and all other gaming tables or games, played with any device, kept for profit, flying-horses, skating rinks, bicycle shops, insurance agents and insurance companies, brokers and agents for any other business whatsoever, dealers in fish, vegetables or other commodity, refreshment and cool drink stands, beef markets and every other establishment, business, calling and vocation not heretofore mentioned, which, under the laws of Georgia may be subjected to taxation. Licenses. Sec. 19. Be it enacted, That said mayor and council may prescribe by ordinance penalties for the violation of the ordinances enacted under and by virtue of the powers given under the preceding section of this Act, said penalties in no case to exceed the authority hereinafter given in the matter of fines and penalties. Penalties. Sec. 20. Be it enacted, That said mayor and council of Pulaski shall have power and authority, in addition to the annual ad valorem taxes and business taxes herein provided for, to levy and collect a street tax not to exceed the sum of three dollars per annum from each male person within the corporate limits of said town subject to road duty under the laws in force in said county. Any person subject to pay said street tax may elect in lieu of paying same, to work the streets of said town for such number of days as the council shall fix by ordinance, not to exceed ten days in each year, said work to be done under the supervision and direction of the town marshal. Any person failing or refusing to pay said street tax, or to work the streets in lieu thereof, may, after three days' written notice from the mayor, be sentenced by said mayor to work on the street or be imprisoned for not more than thirty days. Twenty days' continuous residence within the corporate limits of said town shall constitute one a resident of said town so as to subject him to liability to pay said street tax. Street tax. Sec. 21. Be it enacted, That the mayor and council of Pulaski shall have power and authority to pass and enforce any ordinance providing for the arrest, trial and punishment of any offenders against the charter and by-laws and ordinances of said town passed in accordance with this charter, by fine, imprisonment or work on the streets, one or more of said punishments; provided said fine shall not exceed the sum of fifty dollars, and said imprisonment or period of labor shall not exceed sixty days. Arrests, etc. Sec. 22. Be it enacted, That the mayor shall have the authority to act as an ex officio justice of the peace, and shall have power and authority to issue warrants for the arrest of any person charged

Page 1059

with the commission of any criminal offense under the laws of Georgia, within the corporate limits of said town, hear testimony under oath, hold preliminary trials, and to commit the accused to the county jail or to the town guardhouse, or to require bond (if the offense be a bailable offense) for the appearance of the accused before any court authorized by law to try and determine the case. If when any person is brought before said mayor charged with a violation of a town ordinance said mayor shall determine that there is reasonable cause to suspect that the transaction charged against the accused is a violation of a State law, it shall be the duty of such mayor to commit the accused or to require bond as aforesaid. Mayor, ex-officio, a justice of the peace. Sec. 23. Be it enacted, That said mayor shall be the chief executive of said town of Pulaski, with power to appoint special police and exercise full control of [Illegible Text] with power to try, sentence and punish all offenders against the laws of said town; to compel the attendance of witnesses; to examine them under oath; to admit any offender to bail, or to commit him to jail or to the town guardhouse. The mayor shall have the power to name any member of council to preside in the trial of any case in which he is disqualified by reason of relationship or otherwise, it being his duty to appoint the mayor pro tem. first, and if he is likewise disqualified, then any other member of council. The mayor shall likewise have power and authority to issue executions for all fines, penalties and costs imposed by him. Mayor's powers and duties Sec. 24. Be it enacted, That said mayor and council shall have the power and authority to enact ordinances for taking up and impounding any horse, mule, hog, goat, sheep, cow or other cattle running at large in said town, or in such portion of said town as said mayor and council shall desire, and to make and enforce all such rules and ordinances as they may deem proper and necessary for the regulation and control of such animals in the said town. Stock law. Sec. 25. Be it further enacted, That it shall be the duty of the marshal of said town to arrest or cause to be arrested and brought to trial 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 guardhouse or county jail to await trial, to execute all processes and orders of the mayor and council, and to discharge such other duties as are imposed upon him by the ordinances and rules of said town. Arrests. Sec. 26. Be it enacted, That said mayor and council shall have full and exclusive control of the streets and alleys of said town, and shall have the authority to require obstructions removed at

Page 1060

the expense of the person placing obstructions in said streets or alleys. Said mayor and council shall have authority to declare, condemn and abate any nuisances. Streets,etc Sec. 27. Be it enacted, That said mayor and council shall have the power to issue bonds for public improvements in said town subject to the limitations and regulations imposed by the law of the State of Georgia upon municipalities. Municipal bonds. Sec. 28. Be it enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 24, 1905. QUITMAN, NEW CHARTER. No. 272. An Act to amend, consolidate and supersede the several Acts incorporating the city of Quitman, in the county of Brooks, State of Georgia; to create a new charter and municipal government for said corporation; declare the rights and powers of same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of his Act, the inhabitants of the territory now embraced in the corporate limits of the city of Quitman, located in the county of Brooks, State of Georgia, having been originally incorporated as the town of Quitman, be, and are, hereby incorporated under the name and style of the city of Quitman, and the said city of Quitman is hereby chartered and made a city, under the corporate name of the City of Quitman, and by that name shall have perpetual succession, and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments now belonging to the said town of Quitman, and the mayor and aldermen of the town of Quitman shall be, and are, hereby vested in the said city of Quitman, as created by this Act; and the said city of Quitman as created by this Act, may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and council, who shall compose the city council, such ordinances, rules, regulations and resolutions for the transaction of its business, and the welfare and proper government of said city, as to said council may

Page 1061

seem best, and which shall be consistent with the laws of the State of Georgia, and the laws of the United States. And the said city of Quitman shall be able by law to purchase, hold, rent, lease, receipt, 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, and of whatsoever kind, and within or without the limits of said city, for corporate purposes. Said city of Quitman, created by this Act, is hereby made responsible as a body corporate for the legal debts, liabilities, and undertakings of said city of Quitman as heretofore incorporated. Quitman, city of, incorporated. Corporate name and powers. Sec. 2. Be it further enacted, That the corporate limits of said city shall extend one mile in every direction from the present site of the county court-house of Brooks county, Georgia. Corporate limits. Sec. 3. Be it further enacted, That the government of said city shall be vested in a city council composed of a mayor and six councilmen. The present mayor and councilmen of said city shall continue in office as the mayor and councilmen of said city of Quitman, as created by this Act, until their present term expires, or their successors are elected and qualified, and all other officers of the said city of Quitman shall continue in office until their present term expires, or their successors are elected and qualified. In the event that the office of mayor, or any one or more of the city council shall become vacant by death, resignation, removal, or otherwise, the mayor, or in case his seat is vacant, the majority of the council, shall order an election for the purpose of filling such vacancy or vacancies by giving notice, such as the mayor and council may by ordinance provide, publishing in one or more of the newspapers published in said city; and said election shall be held, returns made and results declared in the same manner as in the regular elections for mayor and council as hereinafter prescribed; provided, that in case such vacancy or vacancies occur within ninety days preceding the regular elections in the said city, then in that event the said vacancy or vacancies may be filled by the council of said city of Quitman; and persons so selected shall be duly qualified to fill such vacancies. Mayor and councilmen; other officers. Sec. 4. Be it further enacted, That should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, the office may be, in the discretion of the remaining members of the council, declared vacant and the vacancy filled as above provided. Neglect of mayor or councilman. Sec. 5. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said city of Quitman, shall be managed by a justice of the peace, or some other

Page 1062

judicial officer, and two freeholders, who are citizens of said city and own real estate therein; or, by three freeholders, all of whom shall be citizens of said city and own real estate therein; and each of said managers before entering on his duties shall take and subscribe before some justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting to the best of our skill and power, so help us God. Said manager shall keep, or cause to be kept, copies of two lists of voters and two tallysheets. All elections shall be held at the court-house in said city, and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m. and close at 6 p. m. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and council. The mayor and council shall determine and provide for the pay of the managers, and of any clerks that may be necessary for the holding of the election. Elections, how held. Sec. 6. Be it further enacted, That the said managers shall certify two lists of voters and two tally-sheets, and shall place one list of voters and one tally-sheet in the ballot boxes together with the ballots and seal the same, and shall forthwith deliver the same to the ordinary of Brooks county, Georgia. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city council, who shall safely keep the same, and at the first meeting of the mayor and council occurring after the expiration of three days from said election, deliver the said package to the mayor and council, who shall open the same and declare the results, if no notice of contest has been given. If notice of contest has been given, then all other proceedings shall be postponed until the contest has been determined; provided, that the contests shall be determined within fifteen days after the election has been held. If the results of any election held in said city is contested, notice of said contest shall be filed with the ordinary of Brooks county within three days after said election, and upon the payment of ten dollars in advance by the contestant or contestants to said ordinary; the said ordinary shall within two days after he receives the same cause a copy of said notice to be served by the sheriff, or his deputy, on the contestee if said contest is for an office; and if the results of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of said city, and published one time in any newspaper published in said city; said ordinary shall fix the time of hearing

Page 1063

said contest, which shall not be later than ten days after service has been effected; of which time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff, or his deputy, two dollars in advance for service and notice of contest. The contest shall be held at the court-house. Said ordinary is authorized to hear and determine any contest, and losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Results, how declared. Contested elections. Sec. 7. Be it further enacted, That within thirty days after the regular biennial municipal election, on some date fixed by the council the officers declared elected by the council then in office, as provided in section 6 shall, after being notified of their election, appear at the council chamber and before the judge or clerk of some court of record, or before some justice of the peace, take and subscribe the following oath: I swear that I will faithfully and impartially demean myself as mayor (or councilmen as the case may be) during my continuance in office, and in all things pertaining to my office I will be governed by what in my judgment is for the public good, and the best interest of the city of Quitman, so help me God. They shall then forthwith enter upon the duties of their office. Oath of mayor and councilmen. Sec. 8. Be it further enacted, That the mayor and council their first regular meeting after their election, and annually thereafter, shall elect one of the council mayor pro tem., who shall in case of absence or disqualification of the mayor, or for vacancy of that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem. 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 and demanded by the authorities of said city, and shall have resided in said city six months prior to the election at which they offer to vote; and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided for in this charter. Voters. Sec. 10. Be it further enacted, That no person shall be eligible for the office of mayor or councilmen of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city; not convicted of any crime involving moral turpitude, and entitled to register under the regulation laws which may be in force at that time in said city. Eligibility to office. Sec. 11. Be it further enacted, That said mayor and council of

Page 1064

said city shall have power to provide for registration of voters prior to any and all elections in said city. To make all needful laws and regulations for same, and require that no person be permitted to vote in said election unless registered; provided that the books of registration be open at least forty days immediately preceding any city election which may be held in said city, and to be closed ten days before said election; and provided, when any voter has registered for the regular biennial election for mayor and council, no further registration shall be required of said voter at any intermediate election for officers held during the year immediately succeeding the date when he so registered; but it shall be the duty of the official or officials making out the list of voters for the managers at such intermediate election, to purge the list of names of any who may have become disqualified since the last regular election for mayor and councilmen. The mayor and council shall pass appropriate ordinance for effectuating this section. Registration of voters. Sec. 12. Be it further enacted, That at the first regular meeting of the mayor and council, which shall be held after thirty days after said officers are elected, they shall elect a city clerk or treasurer, which offices may be consolidated, marshal, who may be chief of police, and as many policemen as in the judgment of the said mayor and council shall be necessary; city attorney and such other officers as the mayor and council shall deem necessary in the government of said city. Each of said officers shall take such oaths, perform such duties, give such bond as the mayor and council may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the city of Quitman. Said mayor and council shall have the power and authority to suspend and remove such officers from office, or impose fines on said officers in their discretion; and it shall be their duty to fix the salaries or compensation of said mayor and council, and all other officers, agents and employees of said city, which when once fixed shall not be increased during the term of office of the said councilmen or officer. All expenditures of the mayor and council of the amount of one hundred dollars or more, shall be paid out of the city funds by an order drawn by the city clerk, countersigned by the mayor, or in his absence by the mayor pro tem. Officers. Sec. 13. Be it further enacted, That the mayor or the mayor pro tem. and four members of the council shall constitute a quorum for transaction of any business before the council, and the majority of the votes cast shall determine questions before the council; provided, that every question so determined or ordinance passed shall receive not less than three votes. On all questions before the said council, the mayor, or the mayor pro tem., if he be presiding,

Page 1065

shall be entitled to vote only in case of a tie. He shall have veto power, and shall 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 a vote of at least four councilmen on a yea and nay vote, duly recorded in the minutes of the city clerk; but unless he shall file in writing with the clerk of the council his veto of any measure passed by that body, with his reasons for withholding his assent, within four days after its passage, the same shall become a law just as if signed and approved by said mayor. Quorum of council. Mayor's vote and veto. Sec. 14. Be it further enacted, That the mayor of said city shall be the chief executive officer of the city of Quitman. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced; and that all of the officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the mayor and council. He shall have the power to convene the general council in extra session whenever in his judgment it becomes necessary. Mayor's duties and powers. Sec. 15. Be it further enacted, That the mayor, or in his absence or disqualification, the mayor pro tem., or in case of the absence or disqualification of both the mayor and mayor pro tem., any member of the city council may hold and preside over a court in said city of Quitman, to be called the police court, for the trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt. Said court shall have power to punish all violations of the charter or any ordinance of the city by fine not to exceed two hundred dollars, imprisonment in the city prison, or in the county jail (having previously arranged with the county authoriies) not to exceed sixty days, and to work on the streets, or such other public place as the mayor or acting mayor may direct, not to exceed four months. Any one or more of these punishments may be inflicted by the mayor, or acting mayor, in his discretion, and the fines imposed may be collected by execution. Police court. Sec. 16. Be it further enacted, That the mayor or mayor pro tem., in case he shall be presiding, shall have the power in the said police 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 offense be bailable by a justice of the peace, under the laws of this State, to appear before the superior court of Brooks county, or the city court of Quitman. Power to commit or bail.

Page 1066

Sec. 17. Be it further enacted, That the marshal of said city of Quitman shall be empowered to levy all executions in favor of said city, and all executions issued by authority of said mayor and council or from the police court, whether for ad valorem, business or other claims or demands of said city, shall be directed as hereinafter described, and the said marshal shall have power to levy, to collect all such executions, advertise and sell property levied on thereunder, to make all deeds where sales are made under executions. The marshal of said city shall have the same authority to place purchasers at marshal sales in possession as sheriffs of this State have, and deeds to real estate sold by the marshal under execution shall have the same force and effect and shall be admitted in evidence as are sheriff's deeds in this State. The marshal of said city shall have such other and further powers and duties as may be conferred or imposed upon him by ordinance by the mayor and council of the city of Quitman. Executions, how enforced. Sec. 18. Be it further enacted, That the mayor and council of Quitman shall have the power to authorize by ordinance the marshal or any policeman of said city to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Sec. 19. Be it further enacted, That it shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest, or before that time, have been guilty of violating any of the ordinances of said city, and to hold such person so arrested until a hearing of the matter before the proper officers can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Brooks county for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The marshal and policemen of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the city of Quitman; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem. or acting mayor. Arrests, etc.

Page 1067

Sec. 20. Be it further enacted, That the mayor and council of the city of Quitman shall have the power to organize one or more work gangs, and to confine therein persons who have been sentenced by the courts of Quitman to work upon the public works of said city; and shall have the power to make rules and regulations that may be suitable or necessary for the care or control of said gangs, and to enforce same through its proper officers. Work gangs. Sec. 21. Be it further enacted, That the mayor or mayor pro tem., when any person or persons are arraigned before the mayor's court charged with a violation of any of the ordinances, regulations or rules of said city, may for good cause shown by either side continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond as security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by the mayor or mayor protem., and an execution issued thereon by serving the defendant, if any to be found, and his securities with a rule nisi at least five days before the hearing of the said rule nisi. Appearance bonds. Sec. 22. Be it further enacted, That any person convicted before the mayor or other presiding officer of the police court may enter an appeal from a judgment of said court to the city council; provided the appeal be entered within two days after the judgment complained of is pronounced; and, provided further, defendant pays the accrued costs in the case and gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said council shall as early thereafter as practical hear and determine on said case so appealed; and shall investigate the case fully as if same had not been tried; that is, de nova. They shall have power, if they find the defendant guilty, to decrease or increase the fine imposed by the mayor. Any person convicted by the council on the appeal shall have the right of certiorari to the superior court of Brooks county; provided, all costs are first paid and bond and security given in double the amount of the fine imposed, if the fine is imposed, to answer the final judgment rendered in the case; and provided further, nothing in this section shall prevent the defendant who desires to appeal his case to the city council, or to certiorari the same to the superior court, to file the usual pauper affidavit in lieu of either giving of the bond and security and any of the costs in the above; and provided, further, the applicant failing to give the bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to await the final judgment on the appeal above mentioned; certiorari shall

Page 1068

be governed by the same rules that govern other certioraris, except as above specified. Appeals. Certiorari. Sec. 23. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of a city government, the mayor and council shall have full power and authority to provide by ordinance for the assessment of an ad valorem tax on all real and personal property within the corporate limits of said city that are subject to taxation by said city, not to exceed one per cent. upon the value of said property. Ad valorem tax. Sec. 24. Be it further enacted, That said mayor and council may, at any time after the passage of this Act, elect three intelligent, discreet and upright persons, citizens and qualified voters of said city, owners of real estate therein, tax-assessors, whose term of office shall be one year. Said city tax-assessors may at any time be removed from their office by the mayor and council for good and sufficient cause, to be judged by mayor and council, and all vacancies occurring from any cause may be filled by the said mayor and council at any time; and it shall be the duty of tax-assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereon when in their judgment the value placed thereon by the taxpayer is too small. The mayor and council shall have power to prescribe rules for the government of said city tax-assessors. Said assessors shall make returns of the assessments made by them to said mayor and council each year sixty days before the time for collecting taxes. When said return is made said mayor and council shall appoint a time and place for hearing objections to the assessment, said objections to be heard by said mayor and council, of which public notice shall be given as may be prescribed by ordinances, and the clerk of said city shall give each owner of property whose tax returns of personalty has been increased at least ten days' notice of such hearing, stating therein the amount of such increase. If the property has been given in by an agent, notice to such agent shall be sufficient. If the owner is not a resident of said city and has no agent residing therein, the mayor and council shall prescribe by ordinance what notice, if any, shall be given. Said mayor and council shall have power to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double taxing defaulters. The city-assessors shall take such oaths and receive such compensation as the mayor and council may prescribe. Said city tax-assessors shall have power to require said taxpayers to furnish them with a list of all notes, accounts, mortgages, stocks,

Page 1069

bonds and other securities and investments when in their opinion their production is necessary for a correct assessment. All assessments may be made by said assessors shall become final if no objection is made on or before the time set for hearing objections by the said mayor and council, notice such as the mayor and council may by ordinance prescribe having been given of such hearing; and if objections are made at the said hearing to any assessment, the decision of said mayor and council after hearing evidence shall be final. The mayor and council on the hearing of objections, may increase or decrease the assessment as made by the assessors. Tax assessors. Sec. 25. Be it further enacted, That in case any property which is subject to taxation was not assessed, if realty, by the tax-assessors, or returned for taxation, if personalty, or for any reason has not been assessed for taxation and taxes collected thereon, in any year passed, the city tax-assessors may at any time assess said property for the said year or years, and double tax it if there has been a failure to return it as required by law, and if the mayor and council have provided for double taxing of defaulters, and execution shall then issue therefor, as in other cases, at the rate for the several years in which no taxes were paid. This section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation, or was not returned for taxation and taxes collected hereon, as well as to property which in future may be omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year. And assessment may be made and execution issue hereunder as well as for years prior to the passage of this Act as thereafter. And in case assessment has been made for any year or years, or shall be so made, and no execution issued, and no taxes paid on such property so assessed, then execution may issue at any time, based on said assessments for the purpose of collecting the amount of taxes due on said property in such years, whether prior or subsequent to this Act. The mayor and council may provide by ordinance for notice to parties whose property has been, or may be, assessed for back taxes, and the hearing of any complaint. All assessments referred to in this section shall be made by the city tax-assessors. Back taxes Sec. 26. Be it further enacted, That the mayor and council shall have the power and authority to provide by ordinance when the taxes of said city shall fall due, and in what length of time said taxes may be paid; when tax executions shall be issued against all persons who have not paid their taxes by the time fixed by the ordinance, and to fix a penalty for the non-payment of taxes when due. Taxes, when due.

Page 1070

Sec. 27. Be it further enacted, That the said mayor and council of said city shall have the right and power to provide for and regulate the curbs and gutters that empty into the streets or sidewalks in said city; to regulate or prohibit the use of the streets, sidewalks and public grounds for signs, sign-posts, awnings, telegraph, telephone poles, horse troughs, racks and for posting handbills and advertising; to regulate or prohibit the carrying of banners, handbills and placards on the streets and sidewalks and public places of said city. Also to compel any telegraph or telephone company having previously erected poles and wires in said city to remove same, to any location designated by city council, and in case said telephone or telegraph company shall fail to remove same within [Illegible Text] days after having been duly notified to do so, said city shall [Illegible Text] the right and authority to remove same at the expense of said company and collect the same by execution. Control of streets. Telephone and telegraph poles. Sec. 28. Be it further enacted, That the mayor and council of said city of Quitman shall have full power to require the railroads running through said city, or a portion thereof, to make and repair such crossings on their several roads whenever and in such manner said council shall deem necessary; to place or repair such crossings, or to open and keep open any and all streets in said city; and the mayor and council may pass any ordinance needful for carrying out the provisions of this section; and in case the railroads as aforesaid shall fail or refuse to make such crossing within five days, or to repair same within twenty-four hours after having been notified to do so by said city, the mayor and council shall have the power to create and make same across such railroads and repair same at the expense of said railroad; and may issue execution therefor, and levy and collect the same as provided in the case of tax executions. Railroad crossings. Sec. 29. Be it further enacted, That the mayor and council of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar pitch, rosin, coal, benzine, naphtha, nitro-glycerine, turpentine, cotton, petroleum, kerosene oil, dynamite or other combustible or explosive substance or material within the limits of said city; and to regulate the use of lights in stables and shops or other places, or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said city. Explosives Sec. 30. Be it further enacted, That executions for any and all taxes or fines, license fees, assessments or forfeiture or demands of any sort due said city, or its corporate authorities, against any

Page 1071

person or persons, firm, company or corporation, or against any property subject thereto, shall be issued by the clerk of said city, signed by him, bear test in the name of the mayor, and be directed to the marshal of said city, and all and singular the sheriff and deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom the said execution is issued, or of the certain property described in the execution, they make by levy and sale the amount due on said execution with all costs. The mayor and council shall provide by ordinance for advertising of, method of conducting and all other regulations governing the sales by the marshal under the city executions. All sheriffs, deputy sheriffs and constables in this State shall have the same power and authority to levy and collect executions issued by the city of Quitman as they have to levy and collect executions from the various courts in this State. Executions, how issued and enforced. Sec. 31. Be it further enacted, That said mayor and council shall have full power and authority to require any person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within corporate limits of said city, by themselves or by their agents, to register their names, business, calling, vocation or profession annually, and to require said person, company or corporation to pay for said registration and for license to prosecute, carry on or engage in business, calling or profession, said amount as the said mayor and council may provide by ordinance. Said mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay said taxes or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying said taxes or taking out said license, or who failed to comply in full with all the requirements of the said council made in reference thereto. Licenses. Sec. 32. Be it further enacted, That said mayor and council shall have full power and authority to license billiard tables, pool tables, tenpin alleys, and all tables kept and used for the purpose of playing, gaming or renting, all tenpin alleys, ninepin alleys, or alleys of any kind which are kept for the purpose of playing on, or for the purpose of running same, and to charge for said license such sum as they may by ordinance prescribe. Licenses. Sec. 33. Be it further enacted, That said mayor and council shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have power to license corn brokers in said city, define by ordinance their power and privileges, revoke their

Page 1072

license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Specific taxes. Sec. 34. Be it further enacted, That the mayor and council of said city shall have full power and authority to license, regulate and control all markets in said city, operahouses, hacks, drays used for hauling of any kind and vehicles used for hire, auctioneers, itinerant lightning rod dealers, emigrant agents, all fire or life insurance companies doing business in said city, trades of all kinds, itinerant dealers in jewelry and medicine, and all itinerant articles of merchandise, except such as are exempted by the laws of the State. Also any person running a flying-jenny, flying-horse, merry-go-round, bicycle or skating ring, and all other dealers selling goods, wares, merchandise by sample, advertisement or retail, and all other business, calling or vocation which under the Constitution and laws of this State are subject to license. Licenses. Sec. 35. Be it further enacted, That the mayor and council of said city shall have full power and authority to pass all by-laws and ordinances respecting public buildings, grounds, public houses, carriages, wagons, drays, bicycles, pumps, wells, fire engines, care of the poor, supervision of disorderly houses, and for the prevention of disorderly conduct liable to disturb the peace or tranquility of any citizen therein, and any other by-laws, regulation or ordinance that they may deem proper for securing the peace, health and good government and morals of said city. Public places and property. Sec. 36. Be it further enacted, That the said mayor and council shall have power to require from male inhabitants in said city, who by the laws of the State are subject to be worked on the public roads, to work such length of time on the streets of said city as mayor and council shall direct by ordinance, in no case to exceed fifteen days in one year. Said persons so subject to be worked on the streets shall have the right to relieve themselves of said work by paying tax, which said mayor and council shall fix by ordinance; said tax, however, shall in no event exceed five dollars for one year. Said work to be done and said tax to be paid at such times as the said mayor and council may direct. Any person subject to work on said streets, who shall fail to work or to pay said taxes when notified, shall be punished in the mayor's court as mayor and council may by ordinance prescribe. Street tax. Sec. 37. Be it further enacted, That the mayor and council shall have full authority to pass ordinances and regulations preventing [Illegible Text] vagrancy and loafing on the streets within the corporate limits of said city, and to prescribe penalty for the violation thereof. Vagrancy. Sec. 38. Be it further enacted, That the mayor and council of said city shall have power and authority to regulate and prevent the running at large within said city of Quitman animals of all

Page 1073

kinds and descriptions. Also to impound such animal or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of any animal or animals so impounded. Also when the owner or owners of any animal or animals shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations prescribed by the mayor and council, and shall have full and ample authority to tax all dogs in said city. Stock law. Sec. 39. Be it further enacted, That no person shall be eligible to any office provided by this Act who is not eligible as a voter at the general election for the mayor and councilmen and officers. Eligibility to office. Sec. 40. Be it further enacted, That the mayor and council of said city shall have full and complete control of the streets, sidewalks, alleys and squares in said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening and grading or in any way change the street lines and sidewalks of said city, and when the mayor and council of said city shall desire to exercise the power and authority granted in this section, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, in the manner provided by sections 4657-4685, inclusive, 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, fence, gate, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinance. Streets, etc Sec. 41. Be it further enacted, That the mayor and council of said city shall have full power and authority to pass all laws and ordinances concerning the draining and proper maintenance and [Illegible Text] of the streets, alleys and sidewalks and other public places in said city, and to provide for paving, macadamizing, trestling and bridging the same, or any part thereof whenever the traffic and progress of said city shall demand same; provided, that an abutting land owner shall not be liable for more than one-third of the costs; and provided, further, that for such work done and improvements made on or the paving of any sidewalk or street or portion thereof situated in any section or part of the city of Quitman outside the fire limits, except on Screven street, and that part of Washington between the right of way of the A. C. L. railway

Page 1074

and the said Screven street, the property owners shall not be assessed more than twenty-five per cent. of the cost of such improvements, work done on and paving of the streets and paving of the sidewalks on which said lot or plot of land abuts, unless the majority of the property owners on a street or any portion desired to be improved or paved, shall petition the council to make such improvements, or to pave said street or sidewalk, then and in that event each property owner shall pay one-third, or such portion of the costs of such improvement as may be agreed on between the said property owners and the said city council. Drainage and street improvements. Sec. 42. Be it further enacted, That the mayor and council of the city of Quitman shall have full power and authority to require any street railroad or any other railroad having tracks running through or across the said city, to pave, macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. Railroads to pave tracks. Sec. 43. Be it further enacted, That said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments of real estate for both purposes for the amounts set forth as may be just and proper, and pro rata the costs thereof on real estate according to its frontage on the streets or portion of the street improved; and the amount of assessment on each piece of real estate shall be a lien on said real estate from the passage of the ordinance providing for the work and making the assessment. Equalizing assessments. Sec. 44. Said mayor and council shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the clerk of council against the real estate so assessed, or against the owner thereof at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate after advertising and other proceedings as in case of tax sales; the same shall be sold at public outcry to the highest bidder, such sale shall pass absolute title to the purchaser. Said city marshal shall have power to eject the occupants and to put purchaser in possession; provided, that defendant shall have the right to file his affidavit tendering the whole or part of the amount for which execution is given, and estimating the amount he admits to be due, which amount with all costs shall be paid and collected before the affidavit to be received for the balance, and the affidavit shall be returned to the superior court of Brooks county, and there be tried, and shall be determined as in cases of illegality, subject to all penalties as in case of illegality filed for delay. Executions for assessments. Illegality. Sec. 45. The mayor and council shall have power and authority

Page 1075

to pave and contract to pave the whole surface of the streets without giving any street railway, or any other property holder or occupant of the street the option of having the streets paved by itself or himself, or by a contract at its or his instance, all of which being to prevent delay in securing uniformity in the pavement. The lien for assessment upon abutting property and street railroad companies or other railroad companies for street or sidewalk paving, curbing, macadamizing, grading, draining shall have rank and priority in point of dignity to all liens except liens for taxes. Said lien to be due from the passage of ordinance authorizing the execution of in such cases. Contracts for street improvements. Liens for assessments. Sec. 46. Be it further enacted, That the mayor and council of said city shall have full power and authority to prescribe by ordinance such other rules as the mayor and council in its discretion may deem necessary to grade, pave, macadamize or curb the streets, alleys and ways in said city; to enforce by execution the costs thereon on adjacent property of railroads, to provide how the agents or owners thereof shall be served with notice, by personal service or by publication; that execution may issue against property owners and property for paving, grading, macadamizing and constructing side drain and also cross drains, and otherwise improving the roadway or streets proper, or sidewalks in said city, shall be issued as set forth in section 30 in this charter. Street improvements. Sec. 47. Be it further enacted, That said mayor and council shall have power and authority to establish a system of waterworks, sewerage, electric lights, or any of them, in said city for the purpose of supplying its inhabitants and the city, as well as consumers generally with water, lights and sewerage, or any of them; and said mayor and council shall have the right and power to do any and all things necessary for such purposes; to contract with any person or persons for the purchase of land or premises to be used in connection therewith, whether within or without the city, and if necessary to condemn the same as hereinafter provided for. Said mayor and council shall have the power and authority to make contracts for the purchase of plants, machinery, etc., and make contracts with the inhabitants of said city, and with the consumers generally, as to the furnishing of water, of sewerage or lights, or any of them. Said mayor and council shall also have full power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the city and the public with electric lights, water, sewerage or any of them, and to make such contract with such person, firm or corporation for water, sewerage and lights, or any of them, as may to said mayor and council seem proper; provided,

Page 1076

that the city shall not be bound by any such contract for a longer period than one year from the making thereof, unless contract shall have first been approved by a majority vote of the qualified voters of said city at an election to be held for that purpose, of which at least four weeks' notice shall be given in a newspaper of said city by said mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and which election shall be governed by the laws applicable to the regular election of city officers. The mayor and council of Quitman are hereby authorized and empowered to pass all ordinances, rules and by-laws necessary to carry out and effectuate the powers granted in this section. Waterworks, sewerage and electric lights. Franchises Sec. 48. Be it further enacted, That the mayor and council shall have full power and authority to contract for, or to condemn any land or premises within or without the city for the purpose of establishing and maintaining an electric light plant, and a waterworks system, and sewerage system or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be and had under the provisions of sections 4657-4686, inclusive, of volume 2 of the Code of Georgia of 1895. Condemnation of and. Sec. 49. Be it further enacted, That said mayor and council shall have full and absolute control of all city pipes, sewers, private drains, water-closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and council shall have full power and authority to prescribe the kind of water-closets and urinals to be used in the corporate limits of said city, and shall have the power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and council; or whenever they shall become a nuisance. They shall also have power and authority to compel the owner to connect water-closets and urinals on the premises of property-owners with the sanitary system of said city, when such property is located on or near a street where there are such sewers; and under such rules and regulations as may be prescribed by the mayor and council, and said property-owners who fail to connect any water-closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and council may make such connection, and assess the cost of said connection and fixtures by execution issued by the clerk of the council against said real estate and which execution may be enforced in manner prescribed in section 30 of this Act. Sanitation

Page 1077

Sec. 50. Be it further enacted, That mayor and council shall have the power to regulate the distribution and use of water in all places and for all purposes where the same shall be required, and from time to time shall fix the price for the use thereof, or time for payment; and may regulate such number of public hydrants and in such places as they may see fit, and for what purposes they shall be used; and all of which at their discretion. They shall have power and authority to require the payment in advance for the use and rent of water furnished by them in any building, and in case of failure they may shut off the water from the premises and shall not be required to supply the said building until said arrears, with interest thereon shall be paid. Distribution of water. Sec. 51. Be it further enacted, That the mayor and council may by ordinance provide for a board of health, to consist of such number, to hold office such length of time; and to have such powers and duties, and to receive such compensation, if any, as the mayor and council may by ordinance provide. The chairman of the committee on sanitary affairs of the council would be ex officio board of health. It shall be their duty to meet as often as necessary, or as the mayor and council may prescribe and to visit every portion of the city, and to report to the mayor and council all nuisances which are likely to endanger the health of the said city or any inhabitant. Said mayor and council shall have power, upon report of the said board of health, to cause such nuisances to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or owner of the property upon which the same may be located; as the mayor and council may elect, and execution may issue against said party to collect the expenses of removal of said nuisance; which may be collected by the marshal, and by levy and sale as tax executions are collected. Board of health. Sec. 52. Be it further enacted, That said mayor and council shall have full power and authority to cause owners of city lots or parts of lots, and cellars, if same should prove a nuisance, or board of health should recommend that the said lots or cellars be filled or drained, to cause the owners to fill or drain said lots or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after reasonable notice, either to themselves or their agents, as council may elect, to comply with the requirements of the said mayor and council by draining or filling said lots or cellars, it shall be lawful for said mayor and council to have this work performed and the amount so expended collected

Page 1078

by executions; and the sale under such execution shall pass complete title to the property. Drainage. Sec. 53. Be it further enacted, That the mayor and council shall have full power and authority to fill any vacancy that may occur in said board of health. That this Act may be a complete bar to any action brought against the mayor and council, or either of them, for any act done under its provisions, and any ordinance passed in pursuance. Vacancies in board of health. Sec. 54. Be it further enacted, That said mayor and council may by ordinance declare what shall be a nuisance in said city, and provide for the abatement of same. The mayor's court in said city of Quitman shall have concurrent jurisdiction with the mayor and council of said city in respect to the trial and abatement of all annoyances in said city of Quitman. Nuisance. Sec. 55. Be it further enacted, That said mayor and council shall have full power and authority to pass such ordinances as they may think proper to more effectually prohibit the sale of spirituous, vinous, malt, or intoxicating liquors within the corporate limits of the city of Quitman, and for that end may provide ordinances punishing any person or persons keeping in said city spirituous, vinous, malt or intoxicating liquors for illegal sale or dispensing same for advertising purposes, or in order to secure trade; or, ordinance punishing any person or persons who may purchase in said city any of said liquors from any person or persons illegally selling, by himself or agents, any of said liquors within corporate limits of said city of Quitman. Sale of liquors. Sec. 56. The marshal and 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 which the mayor and council may have reasonable cause to believe, or may suspect to be a blind tiger; or a place where spirituous, vinous, malt or intoxicating liquors are sold; and to seize the stock of said liquors and the apparatus for selling same. And said mayor and council shall have full power and authority to abate as a nuisance any place in said city where said mayor and council shall have reasonable cause to believe to be a blind tiger; or a place where spirituous, vinous, malt or intoxicating liquors are sold; and to arrest the offender or offenders; and upon a conviction of any person for maintaining a nuisance, as above stated, and as a punishment for same; said mayor and council, or said mayor, shall have full power and authority to cause the marshal and policeman of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same; and to otherwise punish offender or offenders as may be prescribed by ordinance. The said mayor and council

Page 1079

shall have full power and authority by ordinance to carry into effect and to enforce the provisions of this section. Blind igers. Sec. 57. Be it further enacted, That said mayor and council shall and may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city of Quitman, and enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limit may be erected, or covered; how thick the walls must be, the manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that they may deem necessary to protect said city so far as possible from danger from fire, and to prevent conflagration. They also have power and authority to order any changes in the construction or arrangement of chimneys, stovepipes or flues; or the removal thereof, when in their judgment the same is dangerous, or likely to be so, and make the owner or occupant of the premises pay the expenses of the change, as they may elect, which may be collected by execution as taxes are now collected; and if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said city, said mayor and council may order said building removed; and if said person, firm or corporation shall not remove said building after notice to do so, then said mayor and council shall have power and authority to remove the same at the expense of the owner; which expense may be collected by execution. Fire limits Sec. 58. Be it further enacted, That the said mayor and council may exercise general supervision over all buildings of every character within said city, and shall have the right and authority to exercise said supervision by passing and enforcing such ordinances as may be appropriate. Supervision of buildings. Sec. 59. Be it further enacted, That action of the mayor and council of said city in calling an election on the 22d day of March for the purpose of obtaining the consent of two-thirds of the qualified voters of the said city of Quitman, to the issuing of bonds in the amount of fifty thousand dollars by the said city of Quitman for the purpose of paving streets and sidewalks in a certain portion of the said city, and for constructing a system of sewerage in and for said city of Quitman, be and the same is, hereby ratified and confirmed; and the mayor and council of the said city are hereby authorized and empowered to levy, assess and collect a sufficient tax upon the property in said city, real and personal, to pay the principal and interest upon said bonds as they shall become due; and all moneys so collected shall be, if there be such a commission, as hereinafter provided for, turned over to said bond commission,

Page 1080

and shall not be used or applied for any purpose except payment of said bonded indebtedness and the interest thereon. Improvement bonds. Tax to pay bonds. Sec. 60. Be it further enacted, That the mayor and council of said city shall have the power and authority to create a bond commission, which shall be composed of three freeholders of the city of Quitman, and shall be chosen as follows: The mayor and council may, at any time after the passage of this Act, select three freeholders from the citizens of Quitman to constitute the said bond commission. One to serve one year and until his successor is elected and qualified; and one for two years and until his successor is elected and qualified, and one for three years and until his successor is elected and qualified; and the successors of each of these first appointed, shall hold their office for three years, and at the expiration of the term for which each was chosen, his successor shall be elected. The bond commission shall handle and control such sums as shall from time to time be turned over to them for the purpose of raising a sinking fund for the redemption of the bonds which now exist, or which may hereafter exist; as well as provide for the interest which may become due on the bonds previously issued; or any bonds which may be issued by the said city of Quitman in the future. Bond commission. Sec. 61. Be it further enacted, That the city clerk and treasurer shall immediately open up an account on his books with the bond commission of the city of Quitman, when such a commission shall be created, and shall turn over to said commission all taxes collected under existing laws, or which may be raised in the future for the purpose of paying any bonded debt, or any interest thereon due or against the city of Quitman; and said council shall pay over to the said bond commission annually, a sufficient sum to pay the accruing interest on the amount required by law to be held as a sinking fund for the final redemption of any bonded indebtedness. Bond commission. Sec. 62. Be it further enacted, That said mayor and council shall have the power to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and to punish for violating any of the quarantine regulations of the said city. They shall have power to build or establish a pest-house outside of the said limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest-house any person or persons who have the smallpox or other contagious diseases, when in their judgment it is best for the welfare and health of the city. They shall have the power to compel all

Page 1081

persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the city to vaccinate all persons who are unable to procure said vaccination; and may provide by ordinance punishment for persons failing to be vaccinated. Quarantine. Sec. 63. Be it further enacted, That the mayor and council shall have the right to revoke any license at any time that may be granted by them under the provisions of this charter, whenever it is sufficiently shown to them the person, or persons, company or corporations to whom said licenses were granted, is abusing same, or whenever it is to the best interest of the city to do so. Revocation of licenses. Sec. 64. Be it further enacted, That it shall not be lawful for any member of the city council of said city to be interested either directly or indirectly, with the city of Quitman, the mayor and council, or any one or more of them, having for its object the improvement of the city, or any part thereof; or the expenditure of its money. Any violation of this section by the mayor or any member of the council shall, on conviction thereof be punished as for misdemeanor under the Code of Georgia. Contracts with officers prohibited Sec. 65. Be it further enacted, That said mayor and council of said city of Quitman shall have power and authority to protect all places of divine worship, and cemeteries of said city, and to provide one or more cemeteries for the burial of the dead, either within or without said city, to regulate the interments therein; and to expend annually a sufficient sum for the proper keeping of said cemetery or cemeteries. Churches and cemeteries Sec. 66. Be it further enacted, That authority to carry out and effectuate by ordinance, and to provide a penalty for the violation of said ordinances whenever in their discretion the said mayor and council may deem it necessary, all and further power granted to the said city of Quitman in this Act is hereby expressly conferred on the mayor and council of said city. General welfare. Sec. 67. Be it further enacted, That all ordinances heretofore adopted by the mayor and council of said city of Quitman, for said city of Quitman, and any which are now in force and which are not inconsistent with nor repugnant to this Act, shall remain in full force and effect; provided that said mayor and council of the city of Quitman may, at any time repeal, alter or amend any of said ordinances; provided, that nothing in this Act shall be construed to in any way repeal or affect the provisions of an Act approved December 26, 1888, establishing public-school system for the town of Quitman or any Acts amendatory thereof. Existing ordinances Sec. 68. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Quitman,

Page 1082

or conferring any powers on the mayor and aldermen of the town of Quitman, or the city of Quitman are, hereby consolidated into and superseded by this Act, all provisions of former Acts which are inconsistent with and are at variance with this Act, are hereby expressly repealed; and all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. REIDSVILLE, TOWN OF, CHARTER REPEALED. No. 415. An Act to repeal an Act approved December 18, 1897, incorporating the town of Reidsville, and the Act amendatory thereof, which constitutes the present charter of the town of Reidsville, in Tattnall county, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved December 18, 1897, incorporating the town of Reidsville, in Tattnall county, Georgia, and the Act amendatory thereof, be, and the same are, hereby repealed. Reidsville, town of, charter repealed. SEC. 2. Be it enacted by the authority aforesaid, That this Act shall become operative when a bill entitled an Act to incorporate the city of Reidsville shall have been approved by the Governor of the State of Georgia. SEC. 3. Be it enacted by the authority aforesaid, That all other laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 19, 1905.

Page 1083

REIDSVILLE, CITY OF, INCORPORATED. No. 503. An Act to incorporate the city of Reidsville, in the county of Tattnall, State of Georgia; to provide for a mayor and council, and to prescribe their qualifications, terms of office and manner of election; to confer on said mayor and council certain duties, powers and privileges; to provide, for all elections necessary for the purpose herein; to locate voting places and methods of holding elections and to designate the qualifications of voters; to provide for the government of said city, and to regulate the police and officers thereof, their terms of office, salaries and duties; to fix the salaries of all other officers; to make all contracts of the town of Reidsville valid and binding for and against the city of Reidsville, and to vest in the city of Reidsville the title to all property owned by the town of Reidsville; to define the corporate limits of said city and its location; to provide for public improvement of said city; to provide for the laying out and opening of streets, sidewalks, alleys, driveways and other public grounds, and for the maintenance of the same; to authorize the condemnation of private property, according to law, for the purposes of such streets, sidewalks, driveways and alleys, or for other public purposes; to provide for the issuing of bonds for public improvements, and especially for school purposes, and to provide how, when and under what conditions, in what way and for what amount said bonds may be issued; to provide for the payment of said bonds and for the levy of taxes for that purpose; to provide for the assessment and collection of taxes for general purposes upon all kinds of property and business therein; to provide for the enacting of all necessary ordinances and the enforcement thereof; to provide the manner of collecting taxes of all kinds, including street taxes, and for the appointment of tax assessors, prescribing their duties and powers, and for other purposes incidental to the government of said city of Reidsville. 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 Reidsville, located in the county of Tattnall and State of Georgia,

Page 1084

be, and they are, hereby incorporated under the name and style of the City of Reidsville, and by that name shall be, and are, hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, privileges, titles, property, easements and hereditaments heretofore belonging to the town of Reidsville, or the mayor and council thereof, are hereby vested in the city of Reidsville, created by this Act. And the said city of Reidsville may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through and by its mayor and council such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to such city council and mayor may seem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the said city of Reidsville shall be able by law, and is hereby authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, enjoy, possess and retain, temporarily or perpetually, for any period of time, any property, real or personal, any estate, lands, tenements and hereditaments of any kind whatsoever, whether within or without the corporate limits of said city, for corporate purposes. Said city of Reidsville, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of the former town of Reidsville. Reidsville, city of, incorporated SEC. 2. Be it further enacted, That the corporate limits of said city of Reidsville shall be embraced in a circle, whose diameter shall be one mile, and whose center shall be the center of the Tattnall county court-house, located in said city. Corporate limits. SEC. 3. Be it further enacted, That the government of said city of Reidsville shall be vested in a mayor and five councilmen, who shall compose the city council, whose qualifications and manner of election is hereinafter prescribed. Mayor and councilmen. SEC. 4. Any male resident of said city, who shall be twentyone years of age, white, a freeholder of real estate within said city, who shall have been a resident of the State of Georgia for a period of twelve months and of the city of Reidsville for six months, and who shall have paid all State, county and municipal taxes, shall be eligible to the office of mayor or councilmen of said city, such residence referring to the period immediately preceding the appointment or election of such person to either of the offices named. Eligibility to office. SEC. 5. Be it further enacted, That on the first Tuesday in

Page 1085

December, 1905, and biennially thereafter on the same day, an election shall be held in said city, in manner and place hereinafter provided, for the purpose of electing a mayor and council for said city, whose terms of office shall be two years, or until their successors are elected and qualified. Their term of office shall begin on January 1st following their election. In case no election is held at the regular time provided by this Act, a special election may be called by the mayor and council to be held on some other day, first giving twenty days' notice of such election by posting notice thereof at the court-house door in said city and at the post-office. Election of mayor and councilmen. SEC. 6. Be it further enacted, That all elections under the provisions of this charter, whether regular or special, and whether for the election of officers or for the submission to the people of said city the question of issuing bonds of said city, or for any of the purposes for which an election may be held in and for said city, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, who are bona fide residents of said city, and who shall be appointed by the mayor for that purpose. In case no appointment is made, then any three citizens, having the qualifications prescribed, may act. Each of said managers, before entering upon his duties, shall take and subscribe, before some officer authorized by law to administer oaths, or before one of their number, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, to the best of our skill and power, so help us, God. Said managers shall keep or cause to be kept two lists of voters and two tally-sheets. All elections shall be held at the county court-house in said city, and shall be held between the hours of 10 o'clock, a.m., and 3 o'clock, p.m., and shall be by written ballot. Those receiving the majority of the votes cast for the respective offices shall be declared elected. Said managers shall certify two lists of voters and two tally-sheets, place one of each in the ballot box and securely seal the same, and shall forthwith deliver the same to the clerk of the city, who shall keep the same with seal unbroken for thirty days, and if no contest is then instituted, shall destroy the same without himself inspecting or permitting any one else to inspect said ballots. The other tally-sheet and list of voters, together with a certificate showing the result of the election and signed by the managers, shall be placed in a sealed package and forthwith delivered to the mayor, who shall keep the same until the first meeting of the city council, held not less than four days after the date

Page 1086

of such election, at which time and in the presence of said council, he shall open the same and declare the result. If any person desires to contest any election held hereunder said contest shall be had under the general laws of the State governing municipal contests. Elections, how held. SEC. 7. Be it further enacted, That every male citizen of the city of Reidsville, as incorporated under this Act, who is twenty-one years of age, and who shall have resided in the State of Georgia for twelve months and in the city of Reidsville for six months next preceding the election, and who has legally registered as a voter, and who shall have paid all taxes that may have been legally required of him, except for the year of election, and who has paid all fines, licenses, business taxes and registration fees, and who has not been convicted of any crime involving moral turpitude, unless pardoned, shall be qualified to vote in any city election held in the city of Reidsville for any purpose whatever. Voters. SEC. 8. Be it further enacted, That the city clerk, or if the mayor and council so desire it, then some other person by them appointed, shall open at some accessible place as may be designated by said mayor and council, on the first Monday in November in each election year a list for the registration of voters for said city, which list shall be kept open every day, except Sunday and legal holidays, between the hours of nine and twelve in the morning, and three and five in the afternoon, from the day opened until the tenth day before the regular election day on the first Tuesday in December, when said list shall be finally closed. The regular registration for said December elections shall be good and valid for any election that may be held for any purpose during the year following, but for any election held during such election years previous to the first Tuesday in December, then and in that event the mayor and council shall cause a list to be opened thirty days before any such election, which list shall be closed on the tenth day before such election. Said registration list to be opened and managed in like manner as the list for the regular election in December, as above provided; provided, that any registration for any special election at any time during said election year shall be sufficient for the regular election in December. It shall be the duty of the clerk, or other person in charge of such list, upon application of any person entitled to vote, which application shall be personal and not by proxy, to register the name of such person, together with his age and occupation by having such person subscribe his name to the folowing oath: I do swear that I am twenty-one years of age, or will be by the next city election; that

Page 1087

I am a citizen of the United States; that I have resided in this State for a period of twelve months last past, and in the city of Reidsville for the last six months; that I have paid all legal taxes and assessments required of me by law, and I have never been convicted of crime involving moral turpitude and not pardoned, so help me, God. Said clerk or person in charge of said list is hereby authorized and qualified to administer such oath. Nothing herein contained shall be construed to prevent the mayor and council by unanimous vote from declaring that the registration list for any regular election shall be used at any special election held within two years; provided, any legal voter, who has not registered, may do so at any time up to ten days before such special election. Registration of voters. SEC. 9. Be it further enacted, That at such time as the mayor and council may deem proper before the date of any election held in said city, not exceeding thirty days before any such election, the said mayor and council shall elect three citizens of said city, who shall constitute and be known as a Board of Registrars for said city. No person who is a candidate for any office to be filled at such election is eligible to serve as a member of said board of registrars. Such registrars shall qualify by taking the following oath before any person authorized by law to administer oaths, to wit: I swear that I will diligently and impartially examine and revise the registration list of the city of Reidsville, according to the laws governing the same, to the best of my ability, so help me, God. This oath shall be recorded by the city clerk on his book of minutes. As soon as possible after the registration list shall be closed the person in charge of the same shall deliver said list to said board of registrars, whose duty it shall be to diligently and thoroughly examine the same for the purpose of ascertaining if any person has registered illegally, and to this end may summon all persons as to whose right to register they may entertain any doubt, either from examination of the tax books of the city, the State or the county, the criminal record, or for any other cause, to appear before them and show cause why their names should not be stricken from the said registration list. Said summons shall be served by the marshal of said city, or in case he can not serve them, then by any other person elected by said board for that purpose. Said summons shall be served upon the person named therein not later than the day preceding the day upon which he is summoned to appear. Should said examination show to the satisfaction of a majority of said board that the person summoned is not entitled to registration under existing

Page 1088

laws, his name shall be stricken from said list. And should the person so summoned fail to appear, the board shall proceed as though he were present. Any person living in said city who claims the right to register, but whose name has not been entered upon the registration list, may appear before said board of registrars, and if he shall convince a majority of said board that he is a qualified voter of said city, that he has been unlawfully denied the right to register, or that he has some good and satisfactory reason for not registering while said registration list was open to the public for the purpose of registering voters, then said board shall enter his name upon said list as if he had registered before said list was closed. After a thorough examination and revision, said board shall prepare two lists, alphabetically arranged, of all names left upon said registration list, after the same has been examined and revised and shall certify the same as a correct list of the qualified voters of said city. Said registrars shall then deliver said lists to the managers of the election on the day of such election. No person shall be alowed to vote at said election whose name does not appear upon said list. Said registrars, as well as said election managers, shall be paid of the city treasury such amount as may be fixed by the mayor and council, not to exceed two dollars per day for each person for each day required in the performance of these duties. Board of registrars. SEC. 10. Be it further enacted, That before entering upon the discharge of their duties, the persons elected as mayor and councilmen, and each of them, shall take and subscribe before some officer authorized by law to administer oaths, the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be,) of the city of Reidsville, to the best of my skill and ability, and as shall seem to me the best interest and welfare of said city without fear, favor or affection, so help me, God. Oath of mayor and councilmen. SEC. 11. Be it further enacted, That at any regular or special meeting of the mayor and council, after their election and qualification, said mayor and council shall elect a city clerk, who shall be clerk of the council and ex officio clerk of the mayor's court; a marshal, or marshals, a city attorney, and other officer or officers as the mayor and council may deem necessary. The mayor and council may prescribe the duties of all such officers, their compensation, and their oaths of office, together with such bonds for the faithful carrying out of the same as they may see fit. All said officers shall hold their offices at the pleasure of the mayor and council. Officers.

Page 1089

SEC. 12. Be it further enacted, That the mayor (or mayor pro tem., who shall be elected by the council from their number) and three members of council shall constitute a quorum for the transaction of any business before the council, and a majority of the votes cast shall determine all questions and elections before the council, the mayor, or mayor pro tem., if the latter be presiding, not being entitled to a vote, except in case of a tie. Said mayor and council shall hold their meetings within the limits of said city, at such time and place as they may deem proper. They may fix a time and place for regular meeting, but at any special or called meeting of the body, whether at the regular time and place or otherwise, the mayor and council shall have just as ample power as at any regular meeting, and may do and perform any of the things, duties and powers that they could do and perform at any regular meeting. Quorum and meetings of council. SEC. 13. Be it further enacted, That during the sickness, absence or disqualification of the mayor, the mayor pro tem. shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. In case of the death, removal or resignation of the mayor, or in any other event making the office of mayor vacant, the mayor pro tem. shall immediately become mayor, and shall serve until the end of the regular term for which his predecessor is elected. Should said mayor pro tem. refuse to act, or be disqualified or unable to assume the duties of mayor, the council shall elect some other citizen of said city as mayor thereof; provided he is qualified by law to fill said office. If at any time the office of councilman shall become vacant by death, removal, resignation, or otherwise, the remaining members of the council shall elect some citizen of said city, who is qualified by law, to fill said vacancy, and such person shall serve until the next regular election. Mayor pro tem. SEC. 14. Be it further enacted, That the mayor shall receive a salary to be fixed by the council, not to exceed two hundred dollars per annum; he shall be the chief executive officer of said city, and see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers whenever he may deem it necessary for the protection of persons or property, and for the preservation of the peace and good order of said city. He shall preside at all meetings of the city council and shall have the veto power, and may veto any ordinance, order or resolution of the council, in which event the same shall not become a law unless subsequently passed over his

Page 1090

veto by the vote of at least four councilmen on a yea and nay vote duly recorded in the minutes of said council; provided, however, the mayor shall not exercise his power of veto, unless he shall reduce the same to writing and file with the city clerk within four days after the passage of the measure vetoed. He shall preside over the mayor's court hereinafter provided for, and shall have the power to punish for contempt both before the city council and before said mayor's court by any fine not exceeding $25.00, or imprisonment in the city prison for not exceeding ten days, either or both, in the discretion of the mayor. It shall be the duty of the mayor to preserve the peace, and he shall be ex officio justice of the peace so far as to enable him to issue and try warrants for criminal offenses committed within the jurisdiction of the city of Reidsville. All city employees under the jurisdiction of the mayor and council shall be directly and immediately subject to the mayor. He shall have general supervision of the affairs of said city, and shall have authority to convene the council in extra session whenever he deems it proper so to do. He shall have vested in him all the powers and duties as are vested by general law in mayors in this State. Mayor, salary, powers and duties SEC. 15. Be it further enacted, That there shall be a mayor's court in the said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor as often as necessary at the office of said mayor, or in his discretion, in the county court-house in said city. In the absence or disqualification of the mayor, the mayor pro tem. shall preside and hold said court. And in the absence or disqualification of the mayor pro tem. any member of council elected for that purpose by the council shall hold said court. Said court shall have the power to preserve order and punish for contempt as hereinbefore provided. Said court is hereby empowered to compel the attendance of witnesses unto that end made by rule for contempt, punish witnesses for failure to obey, for failure to obey the mandates and subp[oelig]nas of the court. Said court shall be authorized and empowered to punish for violations of the laws or ordinances of said city by imprisonment in the city prison for a period of not exceeding sixty days; by compelling the defendant or offender to labor upon the streets of said city for a period not longer than sixty days; by a fine not exceeding $100.00 and the costs of the court, which fine may be collected by execution, and by any one or more of these punishments, in the discretion of the court. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk

Page 1091

and marshal of said city are hereby made officers of said court, and shall be entitled to such fees and costs from the losing party as the city council may prescribe. Mayor's court. SEC. 16. Said court shall be conducted in like manner to the superior or city courts of this State, so far as the same is practicable, as to rules of evidence, motions, continuances, and other matters pertaining to courts for the trial of offenders against the criminal law. When any person, or persons, are brought before said court charged with a violation of any of the ordinances, regulations or rules of said city, and the hearing thereof, for good cause shown by either side, shall be continued to some other time as the court may name, the accused shall be required to give bond and security for his appearance at the time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the court, and upon calling in open court for the securities to produce their principal, which not being done, the bond shall be summarily forfeited and execution issued thereon and levied as any other execution from any of the courts of this State. The clerk of the court shall keep a record of all business transacted by the court, shall issue all executions authorized to be issued by said court, which executions shall bear test in the name of the presiding officer before whom the bond was forfeited. The duties of the clerk and marshal of said court shall be similar, as far as practicable, to the duties of the clerk and sheriff of the superior or city courts of this State. The fees of the city attorney, clerk and marshal of said court shall be such as the mayor and council shall prescribe, in each case tried in said court, or otherwise disposed of. Proceedings in mayor's court. SEC. 17. Be it further enacted, That all offenders against the laws and ordinances of said city of Reidsville shall be tried in the mayor's court upon a written or printed accusation against the accused, in manner and form substantially as follows: State of Georgia, city of Reidsville. I,, marshal (or citizen, as the case may be,) in the name and behalf of the city of Reidsville charge and accusewith the offense of(stating the offense charged), contrary to the laws and ordinances of said city, the good order, peace and dignity thereof. Thisday of, 19. This accusation shall be signed by the marshal or citizen making the same in the presence of the mayor or acting mayor, who shall attest the same. The mayor, or acting mayor, may then issue a warrant for the arrest of the accused, which warant shall be directed to the marshal of said city, his lawful deputies,

Page 1092

or any arresting officer of Tattnall county. And it is hereby made the duty of any such arresting officer, in whose hands said warrant may be placed, to arrest the accused and bring him before said mayor's court; provided, that nothing herein contained shall prevent the marshal, or any officer of said city, from arresting without warrant or accusation any person guilty of violating the ordinances or laws of said city, or any one reasonably suspected of so doing; provided further, that no person so arrested shall be held longer than twenty-four hours unless accusation is made and the accused brought before said mayor's court within that time. Accusations. SEC. 18. Be it further enacted, That any person convicted before the mayor or other presiding officer of said court, may enter an appeal from the judgment of said court to the city council; provided the appeal be entered within four days after the judgment complained of is announced, and provided further, that the defendant pays all costs accrued in the case and gives bond to abide the final judgment, which bond shall be approved by the clerk or marshal. The city council shall, as early thereafter as practicable, hear and determine said case so appealed and shall investigate the case de novo. If they find the defendant guilty, the sentence or judgment of the mayor or presiding officer shall then stand, and be enforced. Any person convicted by the mayor's court, or by the council on appeal, may have the right to certiorari to the superior court of Tattnall county; provided, all costs are first paid and bond and security given in double the amount of the fine imposed, if a fine is imposed, to answer the final judgment rendered in the case; and provided further, that nothing herein contained shall prevent a defendant who desires to appeal his case to the council or to make application for certiorari, from filing the usual pauper affidavit in lieu of either the giving bond or payment of costs, or both. All such certioraries shall be governed by the same rules of law that govern all other certioraries. For any fine imposed by said mayor's court, the clerk may issue execution against the defendant, to be levied on any of his goods, chattels, lands and tenements, or upon failure to pay the same, the court may sentence such defendant to jail in the city prison, or both may be done. Appeals from mayor's court. Certiorari. SEC. 19. Be it further enacted, That the mayor and council shall establish a city prison in such way and in such place as they may deem expedient; and to this end may buy, build, lease, rent or otherwise secure a proper house or compartment for the safe imprisonment of all its prisoners. It shall be lawful for said

Page 1093

mayor and council to use the common jail of Tattnall county, or any compartment of the same, for a city prison, should they deem it desirable so to do, provided the county authorities shall permit the same to be done. City prison. SEC. 20. Be it further enacted, That the mayor of said city shall have the authority, in his court, to bind over or commit to jail offenders against the criminal law of Georgia, whenever, in the course of investigation before him, a proper case therefor shall be made out by evidence. Appearance bonds and commitments. SEC. 21. Be it further enacted, That in addition to the other powers specially delegated to the city council by this charter, they shall have power to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in said city; to exact licenses and license fees from persons, firms and corporations as a condition to their engaging in business or occupation or profession within the limits of said city, and to provide for the punishment of those who engage in business within said city without paying such license or fee and otherwise complying with the laws of said city; to pass all necessary ordinances and by-laws respecting public buildings and grounds, carriages, wagons, drays, bicycles and wells, and for the prevention and punishment of disorderly conduct and conduct liable to destroy the peace and tranquility of a citizen or citizens thereof, and every other by-law, ordinance and resolution that may seem necessary and proper for the security of the peace, health, order and good government of said city; and to do generally all other acts and things which, in the judgment of said council, will improve the morals, health, comfort, safety and convenience and general welfare of its citizens; provided, that the same are not inconsistent with the laws of this State or the United States. General welfare. SEC. 22. Be it further enacted, That before any ordinance shall be adopted by the council, it shall be read at two separate meetings of the council; provided, that an ordinance may be adopted at its first reading by unanimous consent of those of the council present, if there be a quorum. That before an ordinance that has been adopted shall become operative and of full force and effect, it shall be spread upon the minutes, and posted at two public places in said city, or advertised one time in any newspaper published in said city. No regular form of ordinance shall be required, but such ordinances shall plainly and distinctly set forth the measure or measures intended. Ordinances, publication of.

Page 1094

SEC. 23. Be it further enacted, That the city council of Reidsville shall have full power and control over the streets, sidewalks, alleys and parks of said city, and shall have full power and authority to condemn property for the purpose of opening, laying out or widening of streets, alleys or parks, or for the erection thereon of any public buildings necessary for said city or any of its departments, or for the changing of any street, sidewalk, alley or driveway, or for any other public purpose; and whenever the city council shall desire to exercise the power granted in this section, it may be done as provided in sections 4657 to 4686, both inclusive, of volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof, and the same may be done whether the land sought to be condemned is in the hands of the owner, or a trustee, executor, administrator, guardian, or other agent or representative, or otherwise as provided by said sections of the Code. Said 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, driveways, or other public places in said city, and to enforce all the provisions of this section, as well as any other section of this charter, by appropriate legislation. Streets, etc SEC. 24. Be it further enacted, That the city council shall have power to require every male inhabitant in said city who, by the laws of Georgia, is subject to be worked on the public roads, to work such length of time on the public streets, sidewalks, alleys, lanes, driveways, or other public property of said city as said city council shall direct, in no case to exceed ten days for any one year. Said person so subject to be worked on the streets of said city shall have the right to relieve himself of said work by paying a commutation or street tax, the amount of which shall be fixed by the council, and which shall in no event exceed the sum of five dollars for any one year. Said work to be done and said commutation or street tax to be paid at such time and in such portions as may be prescribed by the mayor and council. Any person subject to work on the streets who shall fail to work or to pay said commutation tax, after having been duly notified, may be punished in the mayor's court as any other offender against any of the laws or ordinances of said city. Street tax. SEC. 25. Be it further enacted, That said city council shall have full power and authority to grant franchises, easements and rights of way, over, in, under and on the public streets, lanes, alleys, sidewalks, driveways, or other property of said city, on

Page 1095

such terms and conditions as said mayor and council may prescribe. Franchises SEC. 26. Be it further enacted, That all writs, processes, subp[oelig]nas, summons, rules of all kinds, and all executions for any and all kinds of taxes, licenses, fines, assessments, forfeitures or demands, assessed by the proper authorities of said city, against any person, firm or corporation, or company whatsoever, shall be issued and signed by the city clerk and bear test in the name of the mayor of said city, unless otherwise provided, and shall be directed to the marshal of said city and his deputies, and to all and singular the sheriffs and constables of this State, and each and all of said directors are hereby authorized and required to serve and execute the same. Executions, etc., how issued and enforced. SEC. 27. Be it further enacted, That all personal property levied upon by virtue of any of the executions or other processes of said city, which shall be within the county of Tattnall at the time of such levy, shall be sold at the door of the county court-house in said city of Reidsville, after advertising such sale for ten days by written notice posted at two public places in said city, which notice shall designate the day and place of sale, a reasonable description of the property to be sold, and the process under which the same has been levied. When real estate in the city of Reidsville or in the county of Tattnall is levied upon by virtue of any of the processes aforesaid, the same shall be sold at the door of the court-house of said Tattnall county and the sale may be made, and deeds to the property executed, by the marshal of said city or by the sheriff of said Tattnall county, after having advertised the same in the manner provided for sheriff's sales of land under ordinary executions in this State. In all sales of personal property, the marshal of Reidsville, or his deputy, shall conduct said sale in manner, as near as practicable, similar to the sales of personal property by the constables of this State. All sales, made under the authority of this charter, shall be between the hours of 10 o'clock, a.m., and 4 o'clock, p.m., and to the highest and best bidder for cash. If a claim shall be filed to any personal property so advertised to be sold, the marshal shall return the execution, together with the claim bond and affidavit, to the justice of the peace of the 41st district, G. M., of said county, in which district said city is located, where such claim case shall be tried as other claim cases in justice courts of this State; provided, that if the amount of the exeution levied, exclusive of costs and interest, shall exceed the sum of one hundred dollars, then said marshal shall deliver said execution and said

Page 1096

claim papers to the clerk of superior court of Tattnall county, in which court the same shall stand for trial and be tried as other claim cases in the superior courts of this State. In all matters of levy and claim, the general rules of law as to forthcoming and claim bonds, and other things incident to the same, shall prevail. All claims filed to levies upon real estate shall be returned to and tried in the superior court of the county where such realty is located. Marshal's sales. SEC. 28. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the city of Reidsville, the mayor and council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding during any one year one per cent. of the value of said property, which tax shall not include taxes for school purposes, nor does the same include any tax that may be necessary, in the judgment of the mayor and council, for the purpose of meeting the interest due on any bonds that may be issued by said city, or for providing a sinking fund for the final payment of any such bonds. Ad valorem tax. SEC. 29. Be it further enacted, That said mayor and council are hereby authorized and empowered, when authorized as hereinafter provided, to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, not to exceed three-fourths of one per cent. of the value of said property, for the purpose of establishing and maintaining public schools in said city; provided, the sum so raised for this purpose shall be used for no other purpose whatever. School tax SEC. 30. Be it further enacted, That said mayor and council shall have power to assess and collect such special tax, as they may deem proper, upon each and every or any business, trade, calling, profession, occupation or establishment carried on within the corporate limits of said city, also upon each itinerant trader, stock dealer or peddler who may do business in said city; also upon any railroad, telephone or telegraph company, fire, life or accident insurance companies, or their agents; express and banking companies or corporations; also upon medicine vendors and persons giving theatrical, spectacular, or other like performances, exhibitions and circuses. Special taxes. SEC. 31. Be it further enacted, That the mayor and council of said city shall have power and authority to provide by ordinance when the taxes due said city shall fall due; in what length of time said taxes shall be paid; when tax executions shall issue against defaulters, and to fix a penalty for the [Illegible Text] [Illegible Text] [Illegible Text]

Page 1097

taxes when due; to provide for the receiving of returns of property for taxation, for the appointment of assessor, and any and all other officers they may deem necessary for the purpose of collecting any of the taxes herein allowed; to prescribe the duties of such assessors and other officers; and otherwise to make full and ample provisions, not inconsistent with the laws of Georgia or the United States, for the enforcement and collection of any and all taxes that may become due to said city. All such provisions shall be as legal and binding upon the citizens of said city as if the same were incorporated as a part of this charter. Taxes, when due and payable. Tax assessors. SEC. 32. Be it further enacted, That the city of Reidsville may, and it is hereby authorized to issue its bonds, either for the payment of its debts, for the erection of school buildings or other public buildings, or for any other public improvement or the maintenance thereof, only under the provisions of sections 377 to 381, inclusive, of volume 1 of the Code of Georgia of 1895. Municipal bonds. SEC. 33. Be it further enacted, That any election held under the provisions of the preceding section of this charter and in accordance with the general laws of the State now in force, shall be conducted in the same manner and under the same rules as are provided in this charter for the elections to be held for mayor and councilmen. The ballots cast at such election shall contain the words For bonds or Against bonds. All persons entitled to vote for mayor and councilmen of said city shall be entitled to vote on the question of issuing bonds. Such election shall be called at any time the mayor and council of said city may deem wise, after first giving the notice required by law in such cases made and provided. Said bonds shall mature at such time, not later than thirty years from date of issue, or at different times within said period; shall bear such rate of interest, not exceeding six per cent.; and shall be in such denominations as the mayor and council may prescribe; and said bonds shall provide that the interest thereon shall be paid annually or semiannually, as may be deemed most advantageous to the city in the judgment of the city council and mayor. If the requisite majority of votes be cast in favor of the issuance of bonds, the mayor and council shall proceed to issue the same in manner and form usual to municipal bonds; the principal bonds to be signed by the mayor and clerk, and the interest coupons to be signed by the clerk only; provided, that the signature of said clerk may be engraved or stamped upon said coupons, facsimile. Said bonds shall be exempt from taxation by the city of Reidsville and shall constitute an inviolable contract between said city and the holders of said bonds. All

Page 1098

other matters and particulars concerning said bonds, the issuance and contents thereof, shall be determined by the mayor and council, in conformity with the law and this charter. The mayor and council shall have the authority to provide for the sale and disposition of such bonds, at private or public sale, as to them may seem best, and to make all arrangements concerning the manner of sale as to them may seem best. The funds derived from the sale of such bonds shall be paid to the city treasurer, and the same shall be used only for the purposes for which said bonds were issued. All bonds issued by said city shall have, attached to them, the corporate seal of said city. Elections for bonds. SEC. 34. Be it further enacted, That the mayor and council of Reidsville are hereby authorized and empowered to establish and maintain a system of public schools, in and for said city, which, when established, shall be under the management of a city board of education, to be composed of five citizens of said city, whose qualifications shall be the same as for mayor and councilmen, and who shall be elected by said mayor and council, and who shall serve for a term of three years, or until their successors are elected. The mayor shall be ex officio a member of said board of education and chairman of the same. Not more than two councilmen shall, at any one time, serve as members of said board of education of the city of Reidsville. Any vacancy in said board shall be filled by the city council at any meeting held after such vacancy occurs. After the establishment of said public school system of the city of Reidsville, the county school commissioner or the board of education of Tattnall county shall not establish or maintain any school within the incorporate limits of the city of Reidsville, but it shall be the duty of the city council to prepare and furnish to the State school commissioner, immediately upon the establishment of public schools in said city, and annually thereafter, by the first day of December, a list or census of all school children in said city entitled to the State school fund, and the said State school commissioner shall pay over to the treasurer of the city of Reidsville, direct, such proportion of said educational fund as said children are entitled to by law; and the school authorities of Tattnall county shall have no authority or control over said funds or over said schools. It shall be the duty of the board of education of the city of Reidsville to elect and employ all teachers for said public schools, and to fix their salaries; to make such rules and regulations for the operation and government of said schools as they may deem necessary; to charge a reasonable incidental fee and such matriculation fees for each

Page 1099

child admitted to said schools as they may order; together with such tuition as may be lawful, and by said board of education deemed advisable; to provide for the enforcement and collection of any such incidental, matriculation or tuition fees, and to make the payment of the same a condition precedent to the admission to said schools, if they shall so desire; to provide for the admission of children of non-residents to the benefits of said schools upon such terms as they may deem reasonable; and to provide all necessary rules and regulations as may be necessary to fully carry out the provisions of this Act, and for the determination of any matters pertaining to said schools. The mayor and council shall have the right to remove at their pleasure any member of the board of education herein provided, either for failure to perform his duty or for misconduct in office, or for any other reason satisfactory to said mayor and council. They shall also have this same power of removal with reference to any other officer of said public schools or said public school system. Board of education. Pro rata share of State school fund. Powers of board of education. SEC. 35. Be it further enacted, That for all children admitted to said city schools, who are resident of Tattnall county outside of the corporate limits of said city, the school authorities of said county shall pay to the treasurer of said city, who is hereby made the treasurer of the board of education of said city, the pro rata part of such children in the school fund awarded to Tattnall county. Non-resident school children. SEC. 36. Be it further enacted, That schools established under this Act shall be kept separate as between the white and colored children of said city; provided, that it shall not be necessary for the mayor and council to establish any school for the colored children of said city, unless they deem it necessary; provided, such portion of any school funds collected in said city as shall be paid by the colored property owners thereof, shall be paid to any colored school or schools which the colored people may establish and maintain in said city, in the discretion of the mayor and council. White and colored schools. SEC. 37. Be it further enacted, That before any public school system shall be established in said city, and before any tax for the support and maintenance thereof shall be levied, the mayor and council shall call an election, to be held in accordance with the laws of said city and the provisions of section 6 of this Act, and such other sections hereof pertaining to elections as may be applicable or practicable to elections of this kind. Notice of such election shall be given as provided by law for notices for bond elections, and at such election the ballots cast shall read For public

Page 1100

school system or Against public school system. If two-thirds of the qualified voters of said city, voting at said election, shall vote For public school system, then said mayor and council shall establish said system, as soon as practicable, and levy the tax for the support or maintenance of the same, as authorized by this charter. The manner of holding such election and the qualifications of voters therein shall be as prescribed for other elections held under this charter. Election for public school system. SEC. 38. Be it further enacted, That the mayor and council of said city are hereby fully authorized and empowered to pass all such ordinances, orders, rules and regulations as they may deem necessary for the health and comfort of the citizens of said city. They may provide such health officers as they may deem proper, prescribe their duties and powers, and what remuneration they shall receive. And such health officer, or officers, shall have and exercise all such powers and privileges as may be vested in him by said mayor and council by ordinance. Public health. SEC. 39. Be it further enacted, That the mayor and council are hereby authorized to adopt all such ordinances, not in conflict with the laws of this State or the United States, as may be necessary to enforce any of the provisions of this charter, or any other rights and privileges as are usually vested in municipal corporations in this State; provided, that should any provision, or provisions, of this charter be in conflict with or in violation of any general law in this State, the latter shall prevail, and such provision, or provisions, shall be of no effect. General welfare. SEC. 40. Be it further enacted, That the mayor and council of Reidsville are hereby authorized to enforce the collection of any tax that may have been assessed against any person or property by the town of Reidsville, where the same has not been paid, and to that end, as soon as this Act shall go into effect, may cause, by motion, the city clerk to issue execution for the same, as hereinbefore provided; and they may punish, as hereinbefore prescribed, any person who shall have failed to pay to the town of Reidsville any street tax or to do such street work as may have been assessed against him. Back taxes SEC. 41. Be it further enacted, That the mayor and councilmen of the former town of Reidsville, to wit: E. C. Collins, mayor; H. C. Beasley, B. H. Groover, J. H. Moore, H. M. Pennel and H. M. Parker, councilmen, be, and they are, hereby made the mayor and councilmen of the city of Reidsville, and they shall continue in office until their successors are elected, qualified and installed, as hereinbefore provided; and they and their successors

Page 1101

and associates shall have and exercise all the rights, powers and duties conferred by law upon the mayor and council of said city of Reidsville. Mayor and councilmen appointed. SEC. 42. Be it further enacted, That the mayor and council of said city of Reidsville are hereby authorized and empowered to use and expend any part or parcel of the moneys collected by the taxation provided in section 28 of this Act, for the erection of any building, artesian or other well, or for any other public improvement or purpose. Public improvements. SEC. 43. Be it further enacted, That all ordinances and laws of the town of Reidsville in force at the time the charter of said town of Reidsville was abolished shall be and remain in full force and effect until the city council of the city of Reidsville shall abolish or repeal the same; provided, the same shall not be in conflict with any provision of this Act. Existing ordinances. SEC. 44. Be it further enacted, That all laws and parts of laws that would conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. RENTZ, TOWN OF, INCORPORATED. No. 85. An Act to incorporate the town of Rentz, in Laurens county, Georgia; to define the corporate limits of said town; to provide for the election of a mayor and five aldermen, and other town officers for the government thereof; to confer certain powers on the municipal authorities of said town, and to provide penalties for the violation of ordinances passed by said mayor and aldermen; to limit the rate of taxation; to regulate the sale of merchandise and other commodities; to construct and maintain a system of waterworks and sewerage; to raise revenue by taxation, special license, or otherwise to defray the expenses of the town government or other expenses; to provide for the laying off of streets, sidewalks and public grounds and maintaining the same; the granting of franchises, and for other purposes.

Page 1102

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Rentz, in the county of Laurens, be, and the same is, hereby incorporated as a town under the name of the town of Rentz. Rentz, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town be as follow: Beginning at the point where Bates avenue crossed the Dublin and Southwestern railroad, and extending one-half mile in every direction from said point. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall vest in a mayor and five aldermen, who are hereby constituted a body corporate, under the name and style of the mayor and aldermen of the town of Rentz, and by that name may sue and be sued in any court of law or equity in this State, may plead and be impleaded, and do all other acts relating to their capacity. They shall be capable to purchase, hold, enjoy, possess and retain to themselves and their sucessors for the sole use and benefit of said town of Rentz, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town of Rentz, and sell or lease the same in any way whatever. Mayor and aldermen; corporate powers. SEC. 4. Be it further enacted, That J. P. Pughsley be and is hereby appointed mayor; J. L. Proctor, A. W. Davidson, J. E. Gay, Dr. C. E. Rentz and Dr. W. E. Bedingfield be, and they are, hereby appointed aldermen of said town of Rentz, to hold their offices until the first annual election, as hereinafter provided. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That on the fourth Wednesday in January, 1903, and each year thereafter on said date, an election shall be had in said town for mayor and aldermen. The said mayor and aldermen to hold their offices one year from the above date, and till their successors are elected. No one shall be qualified to hold the office of mayor or aldermen who is not qualified to vote for members of the General Assembly in this State and who has not resided in said town for three months just prior to said election. Said elections shall be held and conducted in the same manner as elections for county officers in said State, and the certificate of the managers shall be sufficient authority to the persons elected to enter upon the discharge of their duties of the offices to which they have been elected. No person shall be qualified to vote in said election who is not qualified to vote for members of the General Assembly of this State, and who has not resided in said town for three months prior to said election. The returns of said election shall be made to the mayor and aldermen of said

Page 1103

town. Should either of said offices become vacant from any cause, the mayor, or, if his office is vacant, then a majority of the aldermen, shall order an election to fill said vacancy, notice of which shall be given for twenty days before said election is had, the same to be conducted as before provided. Election of successors. SEC. 6. Be it further enacted, That the mayor and aldermen shall take and subscribe the following oath: I do solemnly swear that I will faithfully perform all of the duties devolving upon me as mayor, or alderman, of the town of Rentz to the best of my ability and understanding, so help me God, which oath may be administered by any person in this State authorized by law to administer oaths. Oath of mayor and aldermen. SEC. 7. Be it further enacted, That the mayor and aldermen shall have power and authority to elect such marshal, deputy-marshal, secretaries, treasurer and other officers as they may deem necessary for the proper carrying on of the powers herein granted; or they may combine as many of said offices as they may see fit, and shall prescribe the duties and compensation of said officers as they may deem just, and shall require such bond of said officers as is desirable. Officers. SEC. 8. Be it further enacted, That the mayor and aldermen shall have power and authority to make and pass all ordinances, rules and regulations that they may deem necessary for the peace, health, good order and government of said town, and for the enforcement of the powers herein granted; provided, that no ordinance, rule or regulation is in conflict with the laws of the State of Georgia or the United States. The mayor and aldermen shall have authority to prescribe penalties for the violations of the ordinances of said town, and may enforce said penalties by a fine of not to exceed fifty dollars, imprisonment in the guard-house of said town not to exceed thirty days, or by working on the public works of said town not more than thirty days, and the mayor or mayor and council may inflict any or all of said penalties as justice may demand for one offense. Powers of mayor and aldermen. Penalties. SEC. 9. Be it further enacted, That at the first meeting of the mayor and aldermen after they have taken the oath of office, they shall elect one of their number as mayor pro tem., who shall act as mayor in all matters where the mayor is absent, or for any reason is disqualified. The mayor, or if he does not act, then the mayor pro tem., shall try all persons charged with violating the ordinances of said town and, upon conviction, shall enforce such penalty as shall be reasonable and just under the ordinances of the town. When any person shall be convicted for a violation of

Page 1104

the ordinances of said town by the mayor or mayor pro tem., and shall be dissatisfied with his trial, he shall have the right to appeal his case to the aldermen under the rules and regulations prescribed by the laws of the State of Georgia in reference to appeals and certioraries from the judgments of mayors and aldermen. Mayor's court. Appeals. SEC. 10. Be it further enacted, That the marshal of said town shall have the right to arrest any person whom he knows of his own knowledge, or is informed by others, has violated any ordinance of said town or has violated any of the laws of the State of Georgia, whether with or without a warrant for such arrest, within the corporate limits of said town, and may require and take such bond as will secure the presence of said person at the time and place of hearing, and in default of such bond may detain such person by imprisonment until such hearing. When any person be charged with the violation of any ordinance of said town, the marshal may either arrest said person or serve him with notice of said charge, requiring him to be and appear at the time and place of hearing; but no person shall be tried for any offense until he has first been given a copy of the charges against him plainly setting forth the offense for which he is to be tried. Arrests. SEC. 11. Be it further enacted, That the mayor and aldermen shall have exclusive jurisdiction over the streets, sidewalks, alleys and other public property of said town, and to remove any obstructions on the same at the cost of the person causing the obstruction. They shall have the right to cause all persons subject to road duty under the laws of the State of Georgia, who reside in the corporate limits of said town, to work on the streets, roads, sidewalks or alleys of said town not exceeding fifteen days in one year, but may receive in lieu of said work such commutation fee or tax as may be prescribed, but said tax shall in no event be more than fifty cents per day. Said mayor and aldermen shall have power to compel the performance of road duty by fine or imprisonment, or may collect the commutation tax by execution, as they may see fit. Streets, etc SEC. 12. Be it further enacted, That the mayor and aldermen shall have power to lay off streets, sidewalks, alleys and roads in the corporate limits of said town and construct the same, and for this purpose may condemn and take private property when the same is necessary, under the same rules and regulations that the counties of this State may condemn and take private property for public use. Condemnation of private property. SEC. 13. Be it further enacted, That the mayor and aldermen

Page 1105

shall have the power to construct and maintain a system of waterworks and sewerage for the benefit of said town, and to regulate fire, police and sanitary protection as they may deem proper. Waterworks. SEC. 14. Be it further enacted, That said mayor and aldermen shall have power and authority to raise revenue to defray the expenses of said town government and other expenses of said town by taxation and license, and the taxation for said purposes, on both realty and personalty, shall not exceed one-half of one per cent. on the value of said property; that they shall have the power to regulate the sale of merchandise and all kinds of business by imposing special business or professional license or taxes not otherwise prohibited by law. They shall have power to tax all shows or exhibitions subject to taxes under the State laws, that may show within the limits of said town, and in the discretion of the mayor, or mayor and aldermen, to prohibit same from showing within said town. Taxation. SEC. 15. Be it further enacted, That the mayor and aldermen shall have power and authority to collect taxes and fines by executions, in such manner as their ordinances may prescribe. May forfeit criminal bonds and issue executions on same. All executions to be issued by the mayor and levied by the marshal of said town. Tax fl. fas. etc. SEC. 16. Be it further enacted, That the mayor and mayor pro tem. of said town shall be ex officio justices of the peace in criminal matters, and shall have authority to issue warrants against persons charged with offenses against the laws of the State committed within the corporate limits of said town, and shall have all of the powers of a justice of the peace acting as a committing court in the trial of such offenses. Mayor, exofficio, a justice of the peace. SEC. 17. Be it further enacted, That the mayor of said town shall be the chief executive officer of said town. He shall see that the ordinances, rules and regulations of said town are faithfully executed; and shall have control of the police of said town, and may appoint special police when he may deem it necessary. Mayor's duties and powers. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 21, 1905.

Page 1106

RINGGOLD, CHARTER AMENDED. No. 542. An Act to amend an Act entitled An Act to incorporate the town of Ringgold, in Catoosa county, approved December 20, 1899, to change the northern boundary line of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 1 of the above recited Act be, and the same is, hereby amended by striking out of the 14th and 15th lines of said section the following words: Thence east along said line to Western and Atlantic railroad, and substituting the following words, to wit: East along the line of the W. H. H. Clark (now Neal) field; thence southeast along said field to Cleveland street to northwest corner of Mrs. M. P. Van Deveer's lot; thence along the north side of the street running from Cleveland street to Tenn. st. and across Tenn. street to the northwest corner of Mrs. Lizzie Combs' lot; thence along the northeastern line of said Comb lot to the Western and Atlantic railroad. Ringgold; 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 22, 1905. ROME, BONDS FOR ELECTRIC LIGHTS. No. 24. An Act to amend the charter of the city of Rome, approved September 25, 1883; so as to authorize said city of Rome to erect and operate an electric plant for the purpose of lighting the streets and public places of said city; with authority to furnish lights and electric power to private persons within said city and in its vicinity; to charge for such private lighting and power; and to authorize said city to issue bonds not exceeding the sum of $40,000.00, or in the discretion of the mayor and council to levy a sufficient tax for the purpose of erecting an electric light and power plant.

Page 1107

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the city of Rome, in the county of Floyd, in this State, is hereby authorized to erect and operate an electric light and power plant, to be owned by said city; with authority to furnish lights and power for the streets and other public places of said city and, in the discretion of its mayor and council, to furnish lights and electric power to private persons within said city and its vicinity; and to charge and collect for the use of such private lights and power. Rome; lights. SEC. 2. Be it further enacted, That for the purpose of erecting said electric plant said city of Rome shall have authority to issue bonds, not to exceed the sum of $40,000.00, to bear interest at not exceeding the rate of 5 per cent. per annum; said bonds and interest to be payable at such times and in such amounts as the mayor and council of said city may by resolution determine; provided, however, that said bonds shall not be issued by said city of Rome until an election has been held to authorize such issue, under the terms of the Constitution and laws of the State of Georgia providing how municipal authorities may incur debt. Bonds for lights. SEC. 3. Be it further enacted, That the mayor and council of the city of Rome are authorized to erect and operate said electric plant out of any funds not specially appropriated which may come into its hands by virtue of the present taxing power of said city, or by virtue of the sale of the bonds hereinbefore provided for; and the said mayor and council have authority to make a contract with any person or persons who may erect said plant and pay for the same, in whole or in part, in said bonds, the same to be received by said persons at not less than par value. And said mayor and council are hereby authorized to levy a special tax, in addition to the tax now authorized by law, upon the real and personal property of said city as will raise a sufficient amount of money to pay for the erection and operation of said plant. The tax herein authorized to be levied shall in no event exceed (1-2) one-half of one percentum upon the real and personal property of said city, and the same may be collected in quarterly, semi-annual or annual installments, as the mayor and council may determine. Taxation. SEC. 4. Be it further enacted, That the mayor and council of said city of Rome are hereby authorized to operate said electric light and power plant as one of the departments of said city, under the supervision of one of the committees of said mayor and council, or under any existing department of said city, or they may organize a separate department for the purpose of running said plant; in either event the operating body shall have such

Page 1108

powers and authority as said mayor and council may by ordinance determine. Operation of plant. 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 23, 1905. ROME, CORPORATE LIMITS EXTENDED. No. 22. An Act to amend the charter of the city of Rome, Georgia, so as to include within the corporate limits of said city the following described territory, to wit: Commencing at a point on the east side of Ross street where the original corporate line of Rome crosses said street, thence north along east side of said street to a point where the original east and west line on the north side of lot of land No. 235 in the 23rd district and 3rd section crosses said street on Blossom Hill; thence west along with said original line to the northwest corner of said lot; thence south along with the north and south line on west side of said lot to the corporate limits of the city of Rome; thence east along the corporate limit to a starting point on east side of Ross street. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the corporate limits of the city of Rome, Floyd county, Georgia, shall be changed so as to include therein the following described lands: Commencing at a point on the east side of Ross street, where the original corporate line of Rome crosses said street; thence north along the east side of said street to a point where the original east and west line on the north side of lot of land No. 235, in the 23rd district and 3rd section, crosses said street on Blossom Hill; thence west along said original line to the northwest corner of said lot; thence south along with the north and south line on west side of said lot to the corporate limit of the city of Rome; thence east along the corporate limit to the starting point on east side of Ross street. Rome, 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 11, 1905.

Page 1109

ROME, LEASE OF FOURTH AVENUE. No. 556. An Act to amend the charter of the city of Rome, so as to give the city of Rome authority to vacate parts of Fourth avenue, a street of said city, by a lease of ten years, and otherwise. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the charter of the city of Rome is so amended that said city may lease to the Rome Ice Manufacturing Company, for a term of ten years, that part of Fourth avenue which lies between Jail street and the Oostanaula river and lying between the lots of said Rome Ice Manufacturing Company, upon such terms as may be agreed upon by said city and said company. Rome; lease of part of Fourth avenue. SEC. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 16, 1905. ROME, DISPENSARY LAW AMENDED. No. 275. An Act to amend an Act, approved December 11, 1901, providing for the establishment and maintenance of a dispensary in the city of Rome, Floyd county, Georgia, by amending the 3rd section of said Act providing for the manner and mode of election of dispensary commission of said dispensary. By amending the 7th section of said Act regulating the removal or discharge of the manager of the dispensary. By amending section 8th of said Act prescribing the kinds and quality and quantity of liquors that shall be purchased by said dispensary commission, and the method of purchasing the same, and to provide penalties for a violation of the same; by amending section 9th of said Act so as to change the hours of opening and closing the dispensary, and prohibiting the commission, manager and clerks in the dispensary from receiving anything of value as a gift from any person, firm or corporation who shall sell goods to said dispensary. By amending section 12th of said Act,

Page 1110

so as to make all books and papers of the dispensary subject to inspection by the grand jurors of said county, and to require the commission to make monthly statements to the mayor and council of Rome, and to the board of county commissioners of Floyd county, of the purchases for that month and the stock of liquors of the same kind on hand at the time of purchase. 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 3rd section of the Act of the General Assembly of the State of Georgia, approved December 11, 1901, establishing a dispensary in the city of Rome, Floyd county, be, and the same is, hereby amended by striking out said section 3 and inserting in lieu thereof the following section, to be numbered 3. The commissioners shall be elected by a body, to be known as dispensary electors, composed of those members of the first grand jury drawn from the box and empaneled for the January term, 1906, and every two years thereafter, of the superior court of Floyd county, the mayor of the city of Rome and the chairman of the county board of commissioners. The clerk of the superior court shall be clerk of said body. The foreman of the grand jury, as soon as said jury is organized, shall call the electors together for the purpose of electing said dispensary commission. The term of the present dispensary commission expiring January 1, 1906, is hereby extended to the date of the election of his successor, as aforesaid. Upon the death, resignation or removal of a commissioner, the grand jury next empaneled thereafter for the superior court of said county, with the mayor of the city of Rome and the chairman of the board of county commissioners, shall elect his successor, as heretofore provided. All meetings shall be held in the grand jury room at the court-house. The voting for said dispensary commission shall be by ballot, with the name of the elector voting and the person voted for plainly written thereon. The balloting shall continue until some person shall receive a majority of all the ballots cast, who shall then be, by the foreman of the grand jury, declared duly elected dispensary commissioners for the term of six years from the date of election, unless it shall be an election to fill the unexpired time of some dispensary commissioner, as heretofore provided in that event for the unexpired term of said commissioner; provided, that no commissioner having served for a full term of six years shall be eligible to re-election. All the ballots cast shall be preserved by

Page 1111

the clerk, securely posted in a book kept for that purpose in the office of the clerk of the superior court. Rome; dispensary commissioners. SEC. 2. Be it further enacted, That section 7th of said Act be amended by striking from the 3rd line of section 7th of said Act the words at pleasure and inserting in lieu thereof the words, provided that such discharge or removal shall be concurred in and approved by the mayor of the city of Rome and the chairman of the board of commissioners of roads and revenues of Floyd county, so that said section when amended will read: The manager of said dispensary shall be paid such salary as may be agreed upon by him and said commissioners, and be subject to discharge or removal by them; provided, that such discharge or removal shall be concurred in and approved by the mayor of the city of Rome and the chairman of the board of county commissioners of Floyd county. He shall have the immediate management and custody of said dispensary, subject to the regulations and supervision of the board of dispensary commissioners. He shall employ such assistants in the business, and at such compensation, as may be allowed by said board, and shall be responsible for their conduct. All funds of the dispensary he shall receive and the same disburse, as required by the general or special order of said board. He shall give to the board bond, with security, in such sum as they may require, for the faithful discharge of his duties and to cover any defaults of his assistants or employees. He is hereby invested with full power, as a policeman of said city, for the purpose of preserving order in and about the 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 power. Manager of dispensary. SEC. 3. Be it further enacted, That section 8th of said Act be amended by adding to the end of said section the following words: All spirituous liquors purchased for or sold in said dispensary shall be pure distilled liquor. No spirituous, vinous or malt liquors shall be purchased by the commission except upon a written order signed by not less than two commissioners, and before said purchases are made the manager of said dispensary shall state in writing to said commissioners that the liquors so ordered are needed in the dispensary, giving at the same time the amount of such liquors to be ordered then on hand, and the amount of such liquor sold in said dispensary for the last preceding month. Any commissioner violating the provisions of this

Page 1112

section, and any manager making false statement to the commissioners, shall be guilty of and punished as for a misdemeanor. So that when amended said section shall read: 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 this end they may, from time to time, as they see proper, cause inspection and analysis to be made by experts of the various liquors in said stock or any part thereof. All spirituous liquors purchased for and sold in said dispensary shall be pure, distilled liquor. No spirituous, vinous or malt liquor shall be purchased by said commissioner, except upon a written order, signed by not less than two commissioners, and before said purchases the manager of said dispensary shall state in writing to the commissioners that the liquors so ordered are needed in the dispensary, giving at the same time the amount of such liquors to be ordered then in the dispensary on hand, and the amount of such liquors sold in said dispensary for the last preceding month. Any commissioner violating the provisions of this section, and any manager making false statements to the commissioners, shall be guilty of and punished as for a misdemeanor. Stock of liquors. SEC. 4. Be it further enacted, That paragraph 6 of section 9 of said Act be amended by adding at the end of said paragraph 6 the following words: Except those days in the year when the sun sets before half-past six o'clock, at such times the dispensary shall remain open until half after six o'clock, and by adding at the end of said section 9 the following words: (10) No commissioner, manager or clerk of said dispensary or chemist employed to analize liquor sold to said dispensary shall take or receive, either directly or indirectly, from any person, firm or corporation, from whom liquor to be used in said dispensary are purchased, any money or article of value, as a gift or for any purpose whatever. And any commissioner, manager, clerk or chemist who shall violate this provision of said Act shall be guilty of and punished as for a misdemeanor. So that said section when amended will read: In the operation of said dispensary the said commissioners and the manager and his assistants shall be subject to, and 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 uniform to all purchasers; (3) no liquors shall be sold except in sealed packages, and no unbroken or unsealed packages shall be kept in the dispensary.

Page 1113

(4) No sale shall be made of a quantity less than half a pint. (5) No liquors shall be sold to a person who purposes to sell or dispose of the same unlawfully, and where the manager by reason to suspect such purpose, he shall refuse to sell to such person. (6) The dispensary shall not be open before sunrise nor remain open after sunset on any day. (7) The commissioners and the manager and his assistants shall each be subject to the penal laws of the State regulating the sale of liquors, as to the closing on Sundays and election days, and as to the sale to drunkards, persons intoxicated and minors. (8) No liquor of any kind shall be drunk in the dispensary building or on the premises whereon it is located. (9) No person shall loiter in said building or on said premises. (10) No commissioner, manager or clerk in said dispensary or chemist employed to analize liquor sold in said dispensary shall take or receive, either directly or indirectly, from any person, firm or corporation, from whom liquor to be used in said dispensary are purchased, any money or article of value, as a gift or for any purpose whatever, and any commissioner, manager, clerk or chemist who shall violate this provision of said Act shall be guilty of and punished as for a misdemeanor. Dispensary regulations. SEC. 5. Be it further enacted by authority of the same, That section 12th of said Act be amended by adding to the end of said section 12 the following words: All books and papers kept by the dispensary commission or manager shall at all times be subject to inspection by the grand juries of Floyd county; also by striking from said section the words on the first day and inserting in lieu thereof the words not later than the tenth day, so that said section when amended shall read: All profits arising from the business of said dispensary, after such amount as may be proper for a working capital therefor, shall be paid to said city of Rome and Floyd county, one-half to each, to be by them applied to such purposes as they are now, or may be at any time, severally empowered to levy taxes for. And it shall be the duty of said commissioners, not later than the tenth day of each month, to make to the mayor and council of said city, and to the commissioners of roads and revenues of said county, a report showing the business of the dispensary for the preceding month and the net profits, and to cause their manager to then pay over said profits to the treasurer of said city and county, as aforesaid. All books and papers kept by the dispensary commission or manager shall at all times be subject to inspection by the grand juries of said county. Books of dispensary and reports of commission.

Page 1114

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 23, 1905. ROSSVILLE, CITY OF INCORPORATED. No. 263. An Act to incorporate the city of Rossville, in the county of Walker; to appoint a mayor and council therefor; to prescribe their powers and duties, and the manner of their election; to grant powers and privileges to the same; to provide for working roads and streets in said city; to provide a system of public schools for 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 city of Rossville, in the county of Walker, be, and the same is, hereby incorporated as a city under the name of the city of Rossville. The corporate powers of said city shall be vested in a mayor and five councilmen, and by the name of mayor and council of the city of Rossville they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Rossville, city of, incorporated SEC. 2. Be it further enacted, That the corporate limits of said city shall begin on the Tennessee and Georgia State line at the northwest corner of land lot No. 9-9-4; thence south to line between J. M. McFarland and A. E. Morrison; thence southwest and strike the north line of Olmstead Gibson's three hundred and sixty-five (365) feet west of their northeast corner; thence east to Olmstead Gibson's northeast corner; thence about south, 60 east, to the west right of way of the Central of Georgia railroad; thence south along the west right of way to point opposite the southwest corner of the Chickamauga Cement Company's first purchase; thence crossing the railroad and with said cement company's south line eastwardly to a point ten (10) feet west of the center of the Leinbach road; thence northwardly along said road and ten (10) feet west of the center thereof to the south right of way of the Rapid Transit railroad; thence east and southeast along said right of way about eleven hundred (1,100) feet to the first cattle-guard; thence east to the east side of LaFayette

Page 1115

or Government road; thence northwest along said east line of said Government road to the short road east of Iowa monument; thence northwardly along east side of said short road and the crest road to a point opposite William Kelley's southeast corner; thence north along said Kelley's east line to the Tennessee and Georgia State line; thence west along said State line to the beginning. Corporate limits. SEC. 3. Be it further enacted, That Honorable J. A. McFarland be, and he is, hereby appointed mayor of said city until his successor is elected, and that W. H. Clark, James Morrison, A. J. Hicks, W. H. Henderson and J. B. Henderson be, and they are, hereby appointed councilmen of said city of Rossville, to hold their office until the first annual election, as hereinafter provided. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That on the first Saturday in December, 1905, and annually thereafter on the same day, an election shall be held in said city for a mayor and five councilmen, who shall hold their offices for one year and until their successors are elected and qualified. No person shall be eligible to the offices of mayor and councilmen who have not been bona fide residents for twelve months, qualified to vote and owning real estate within the limits of said corporation; all persons shall be eligible to vote in all elections authorized by this charter who are bona fide residents of said city, or who are owners in their own name of any real estate located within the limits of said city. Said election shall be held and conducted in the manner prescribed by the mayor and councilmen, and certificate of the managers shall be sufficient authority to the persons elected to enter into the discharge of their duties of the office to which they have been elected. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation, removal or other cause, the same shall be filled by the council. Election of successors. SEC. 5. Be it further enacted by the authority aforesaid, That before entering on the discharge of their duties the mayor and councilmen shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor, or councilmen, as the case may be, of the city of Rossville, Walker county, according to the best of my ability and understanding, so help me God. Oath of mayor and councilmen. SEC. 6. Be it further enacted by the authority aforesaid, That they may enact all laws and ordinances that they may deem necessary for the government of said town and the protection of property

Page 1116

from loss of fire or damage therein; provided, that they be not repugnant to the Constitution and law of the State and the United States. Powers of mayor and council. SEC. 7. Be it further enacted, That the said mayor and councilmen shall have the power to levy and collect a tax not exceeding twenty-five one hundredths ([UNK]) of one per cent. upon all property, real and personal, within the corporate limits of said city, and the same may be enforced by execution issued by the clerk in the name of the mayor, and by sale of property, as in sales of property liable to State and county taxes; all levies of tax execution to be collected as sales by the sheriff of this State as in case of levy of tax executions. They shall have power to require all persons within said corporation, who are subject to road duty under the laws of this State, to work on the streets of said city, or they may prescribe a commutation tax, which may be paid in lieu of work upon the street. Taxation. SEC. 8. Be it further enacted, That the mayor of said city, and in his absence the mayor pro tem. (who shall be elected by the councilmen from their own number), shall be the chief executive officer of said city; he shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said city, and may appoint special police whenever he may deem necessary, and it shall be his duty especially to see that the peace and good order of the city are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said city; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guardhouse of said city or by work on the streets of said city, not to exceed thirty days. Mayor's powers and duties SEC. 9. Be it further enacted, That said mayor and council at the first meeting after their election (or at the meeting after the first, if they deem proper and best,) shall elect a clerk, marshal and treasurer, who may be one of their own members, or any citizen. From all these officers a bond shall be taken in such sums as the council may require, to be approved by the mayor, conditioned for the faithful performance of their duties. They shall also take and subscribe an oath before said mayor that they and each of them will well and faithfully discharge their several duties as clerk, treasurer and marshal, as the case may be, to the best of their ability. Officers.

Page 1117

SEC. 10. Be it further enacted, That the clerk and marshal receive such annual salaries as the council may deem just and proper; the mayor and councilmen shall not receive any salaries but shall be exempt from street tax during the continuance of their official terms. Salaries. SEC. 11. Be it further enacted, That said mayor and councilmen shall have power and authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, pool and billiard tables, wheels of fortune, and other like enterprises, as they may deem most to the interest of said city; also tax and license all matters and things as set out in section 702 of the Code, except barrooms and saloons. Special taxes. SEC. 12. Be it further enacted, That the said mayor and councilmen shall have no power or authority to grant any license for the sale of vinous, malt, or intoxicating liquors, or bitters, or of any other beverage that will produce intoxication, but shall have power, and it shall be their duty, to pass ordinances consistent with the laws of said State to prevent the sale of all intoxicants within the boundaries of said city, and to fix and enforce penalties for a violation of said ordinances. Sale of liquors. SEC. 13. Be it further enacted, That the mayor and council of the city of Rossville, in the county of Walker, are hereby authorized to levy a per capita tax, not less than fifty (50c.) cents nor more than one ($1.00) dollar in addition to the authority now given said mayor and council to levy a tax for school purposes, and that the per capita tax so levied and one half of the general tax shall be used for the purpose of establishing and maintaining free schools in and for the city of Rossville, and for no other purpose. School tax SEC. 14. Be it further enacted, That the mayor and council of said city shall provide, by ordinances, such rules and regulations as to them may be proper for the appointment of a board of trustees, define their term of office and duties, and to do all other acts and things necessary and proper for the purpose of carrying into effect the purposes of this Act; to establish and maintain a system of free schools in said city of Rossville by taxation, as herein provided. School trustees. SEC. 15. Be it further enacted, Said board of trustees shall devise, design and adopt a system of instructions in said public schools, 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, and they are empowered to establish such

Page 1118

schools as they may deem proper; to appoint, remove or suspend teachers in their discretion; make such arrangements within any educational institutions that are now in said city, or that may be established in said city which they deem proper; to carry out the provisions of this Act, and to perform such other acts as may be necessary to the proper and successful operations of said school system. Public school system. SEC. 16. Be it further enacted, That upon the adoption, as provided by this Act of the public school system, as therein provided, the board of trustees, as aforesaid, shall prepare and furnish to the county school commissioner each year a list or census of all the children residing in said city entitled to the State school funds, and the county school commissioner shall pay over to said board of trustees such proportion of educational funds as said children are entitled to under the rules of distribution, beginning January 1, 1906. Pro rata share of State school fund. SEC. 17. Be it further enacted, That the county school commissioner, mayor and council of said city of Rossville shall enter into an agreement upon what terms children living out of the city, within school limits, may enter said schools, and county school commissioners paying to said city authorities the common school fund to which said children are entitled, and the said authorities charging such additional sum as may seem reasonable and just. Non-resident school children. SEC. 18. Be it further enacted, That it shall be the duty of the ordinary of Walker county to order an election in the city of Rossville within twenty (20) days after the approval of this Act; to ascertain the desire of the qualified voters of said city in reference to the establishing of said free schools. All persons voting at said election shall have written or printed on their ballots, For free schools, or Against free schools, and if the question shall be decided affirmatively by the necessary majority, this Act shall become operative to appropriate half of the general tax to said fund authorized by this Act, and establish said school in accordance with the same. Election for free schools. SEC. 19. Be it further enacted, That franchises of said city shall not be granted to any persons or corporation for longer period than twenty (20) years, nor shall the same be granted without reasonable compensation paid annually, as may be fixed by the mayor and councilmen, and to be there entered on the minutes of the mayor and council at their regular meeting. Franchises SEC. 20. Be it further enacted, That all laws in conflict with this Act be, and are, hereby repealed. Repealing clause. Approved August 24, 1905.

Page 1119

ROYSTON, TOWN OF, CHARTER REPEALED. No. 184. An Act to repeal an Act approved December 29, 1890, reincorporating the town of Royston, which constitutes the present charter of the town of Royston, in Franklin county, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved December 29, 1890, reincorporating the town of Royston, in Franklin county, Georgia, which constitutes the present charter of the town of Royston, Georgia, be, and the same is, hereby repealed. Royston, town of, charter repealed. SEC. 2. Be it enacted by the authority aforesaid, That this Act shall become operative when a bill entitled an Act to incorporate the city of Royston shall have been approved by the Governor of the State of Georgia. SEC. 3. Be it enacted by the authority aforesaid, That all other Acts in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. ROYSTON, CITY OF, INCORPORATED. No. 185. An Act to incorporate the city of Royston, in the counties of Franklin, Hart and Madison; to provide that all valid contracts heretofore entered into by the town of Royston or by the mayor and council of Royston, shall be good and valid for or against the city of Royston; to provide that all property now owned or held by the town of Royston, or by the mayor and council of Royston, shall be and become the right and property of the city of Royston; that all rights and liabilities of the town of Royston or mayor and council of Royston shall accrue either to or against the city of Royston, as the case may be; to provide how said city may be divided into wards, the number and all regulations for the same; to define

Page 1120

the limits of the city of Royston; to provide for a mayor and councilmen and other officers of the city of Royston; to prescribe their powers and duties and the manner of their election; to provide for streets and sidewalks, and the working and paving of the same; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health; to declare and define the police powers of said city; to provide for the condemnation of private, public or semi-public property for the use of said city, and to define a method of arriving at the value of such property and compensating the owner therefor; to authorize the city of Royston to establish a public school system, a system of waterworks and a system of electric lights, under such restrictions as are provided by State law, whenever in the judgment of the mayor and council of said city such course may be deemed advisable, and to issue bonds for any one or all of these purposes under such restrictions as are provided by the State law; to provide for the taxation and the granting licenses to all kinds of business, trades, callings, and professions, and to grant a charter to said city under the corporate name of the City of Royston, 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 city of Royston, in the counties of Franklin, Hart and Madison is hereby incorporated. Its corporate limits shall embrace and include all territory within one mile of a central point in said city, said central point shall be the intersection of two diagonal straight lines run as follows, viz.: from the northwest corner of the hotel lot of the F. B. Cunningham estate, across Church street to the nearest adjacent corner of the lot whereon P. H. Bowers now lives; then from the southeast corner of the Royston Bank lot, across Church street to the nearest adjacent corner of the vacant lot belonging to the Allen S. Turner estate. The said defined territory is incorporated under the name and style of the City of Royston, and the city of Royston is hereby chartered and given all the privileges and benefits conferred on cities by the Constitution and laws of Georgia, and by said name is established and may have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State or to the cities thereof; and all rights, powers, privileges, titles, property, easements or hereditaments now belonging or in

Page 1121

anywise appertaining to the town of Royston, or to the mayor and council of Royston, as heretofore incorporated, shall be, and are, hereby vested in the city of Royston, as created by this Act; and the city of Royston, in the counties of Franklin, Hart and Madison, Georgia, created, established and declared by this Act, may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city as said mayor and council deem best and not inconsistent with the laws of Georgia and of the United States; and the said city of Royston shall be capable in law to purchase, hold, enjoy, receive, possess and retain, in the perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, or hereditaments of any kind whatsoever, within or without the corporate limits of said city for the corporate purposes, and to sell, alien and convey, exchange or lease the same or any part thereof. The said city of Royston, as created by this Act, is hereby made responsible, as a body corporate, for the legal debts, liabilities and undertakings of said town of Royston, or of the mayor and council of the town of Royston, as heretofore incorporated; and the present mayor and council of the town of Royston shall continue in office as the mayor and council of the city of Royston, incorporated under this Act, until the next election shall be held for said officers in said city, as hereinafter provided for, and until their successors are elected and qualified, and all other officers of the town of Royston shall continue in office in the city of Royston until the next election shall be held for said officers for said city, as hereinafter provided for and until their successors are elected and qualified, such officers being subject to dismissal and all other pains and penalties provided for in this Act. Royston, city of, incorporated SEC. 2. Be it further enacted, That the municipal government of the city of Royston shall consist of a mayor, who shall be elected and serve for a term of one year or until his successor is elected and qualified; six councilmen, who shall be elected for and serve for a term of two years each, except as provided in section 3 of this Act, or until their successors are elected and qualified; a city clerk and a treasurer, who shall be elected for and serve for a term of one year each, or until their successors are elected and qualified, and such other officers elected by the said mayor and council as are herein provided for, or as may be necessary in carrying out the provisions of this Act. Mayor an councilmen.

Page 1122

SEC. 3. Be it further enacted, That the next election which is to be held in said city shall be the first Wednesday in December, 1905, and annually thereafter on the first Wednesday in December, at which election a mayor, city clerk, treasurer and six councilmen shall be elected, one councilman from the city at large, one councilman from the first ward and one councilman from the second ward shall be elected for a term of one year, and one councilman from the city at large; one councilman from the third ward and one councilman from the fourth ward shall be elected for a term of two years, their respective successors shall be elected for a term of two years each. In said elections the polls shall be opened at such place or places as the mayor and council shall determine, at least three days' notice being given of the place or places of holding such election, at eight o'clock, a.m., sun time, and closed at three o'clock, p.m., sun time. Said elections shall be under the management and control of a justice of the peace, who may or may not be a resident of said city, and two freeholders residents of said city, or of three freeholders residents of said city, which said justice of the peace and freeholders shall be elected by the mayor and councilmen then in office in said city to manage said election. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be agreed upon by said mayor and council, not exceeding two dollars per day each. Said elections, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and are not in conflict with this Act. Election or municipal officers. SEC. 4. Be it further enacted, That the managers of elections in said city shall take before some officer authorized to administer oaths, or administer to each other the following oath: I, , do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability, prevent fraudulent and illegal voting, without fear or favor; so help me, God. Election managers. SEC. 5. Be it further enacted, That immediately after the polls are closed said managers shall count the ballots cast, and after the ballots have been counted the tally-sheets and lists of voters shall be certified in writing by said managers in the following language, to wit: We do certify that the foregoing sheets or pages constitute the tally-sheets (or lists of voters, as the case may be,) of an election for held by us this day of ,

Page 1123

and that they are an accurate and faithful record of the names and number of voters at said election. This day of . Certificate of managers. , Manager. , Manager. , Manager. The tally-sheets and lists of voters shall then be sealed up together in an envelope, delivered to the city clerk of the city and filed of record in his office. The ballots shall likewise be sealed in an envelope, delivered to the city clerk and filed of record in his office. SEC. 6. Be it further enacted, That on the day succeeding the election the managers thereof shall file a written report of the result with the city clerk, showing the number of votes cast and for whom cast. Upon filing said report the mayor and council, at their next regular meeting thereafter, shall declare the result of such election, and such declaration be entered of record by the city clerk on his minutes of said meeting. Report of managers. SEC. 7. Be it further enacted, That after thirty days from the day of said election, if no notice of contest has been given as to the result of said election, the city clerk aforesaid shall destroy the ballots. Should any person, except under order of a court of competent jurisdiction, for any cause whatever, inspect either the tally-sheets, lists of voters or ballots of said election after they have been filed with the recorder of the city as aforesaid, he shall be liable to a fine or imprisonment, or both, in the discretion of the police court of said city. Ballots and tally-sheets. SEC. 8. Be it further enacted, That the term of office of the mayor of the city of Royston shall be one year from the first Monday in January after his election, and that the term of office of the councilmen of the city of Royston shall be for two years from the first Monday in January after their election, except as herein-before provided. On the said first Monday in January after their election the mayor and councilmen-elect shall meet in the city hall, or other place usual for holding council meetings in said city, and there shall severally take, before some officer authorized by the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be,) of the city of Royston for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me, God. Should the mayor or any councilman be absent from said meeting, he or they shall take the oath of office as soon as possible thereafter. Oath of mayor and councilmen.

Page 1124

SEC. 9. Be it further enacted, That all persons who are qualified to vote for members of the General Assembly of the State of Georgia who shall have paid all taxes which have been legally imposed upon them by the authority of the State or by the city of Royston (including street tax and business or specific tax) and which they have had an opportunity to pay agreeably to law, who have resided within the counties of Franklin, Hart or Madison and in the city of Royston for a period of six months next before said election, and who have registered as hereinafter provided, shall be qualified to vote in any election held in said city of Royston. Voters. SEC. 10. Be it further enacted, That the registration book hereinafter provided for shall, at the opening of the polls, upon every election held in said city, be placed in the hands of the managers of the election by the recorder, and no one shall be allowed to vote at said election whose name does not appear on said registration book, attested by the name of recorder opposite as registrar. Registration books. SEC. 11. Be it further enacted, That the city clerk of said city shall keep open constantly at his office, except on Sundays and legal holidays, a book to be known as the Registration Book of the city of Royston, in which the voters of said city shall register their names and ages in the presence of the said city clerk, and the said city clerk shall sign his name as registrar opposite the name of said voter. Said registration book shall close twenty days before each and every election to be held in said city. Before registering his name as aforesaid each person shall sign the following oath, to wit: I, , do solemnly swear (or affirm) that I am twenty-one years old, have resided in the State of Georgia one year, and in the counties of Franklin, Hart or Madison (as the case may be) and in the city of Royston six months, or will have fulfilled these conditions by the date of the next election to be held in said city. I have paid all taxes due this State, county and city (including street and specific taxes or license) which have been required of me and which I have an opportunity to pay agreeably to law, excepting only taxes for the current year; so help me, God. The managers, or either of them, may, in their discretion, require the person offering to vote to take the oath aforesaid. Registration of voters. SEC. 12. Be it further enacted, That any person who shall vote illegally at any election held in the city of Royston, under the authority of the law and this Act, shall be guilty of a misdemeanor,

Page 1125

and punished as prescribed as provided in section 1039 of the Penal Code of the State of Georgia. Illegal voting SEC. 13. Be it further enacted, That should any contest arise over the result of any election for mayor and councilman, city clerk or treasurer, it shall be determined as follows, to wit: The contestant, or contestants, shall within ten days from the date of said election, by petition of the superior court of Franklin county, plainly, fully and distinctly set forth his or their grounds of complaint or contest and the names of the persons whose election is contested, and file said petition in the office of the clerk of superior court in Franklin county. Immediately upon the filing of such petition with the clerk, said clerk shall transmit a copy thereof to the judge of the superior court of said county, and shall serve the contestees, as set out therein, each with a copy of said petition. Upon a receipt of a copy of said petition the judge aforesaid shall fix a time and place of hearing and endorse the same on the copy of said petition; provided, that the time of said hearing of said petition shall be not more than sixty days nor less than thirty days from the date of his order, and may be either at a session of the superior court of said county or in vacation. Contested elections. SEC. 14. Be it further enacted, That during the pendency of said contest the persons who have been declared elected, as heretofore provided, shall exercise the duties and receive the salary of said offices. Officers, pending contest. SEC. 15. Be it further enacted, That the mayor and councilmen of the city of Royston shall receive such compensation for their services as may be fixed by their predecessors in office, which shall neither be increased nor diminished during their term in office; provided, that the present mayor and council of the town of Royston shall fix the compensation of the first mayor and councilmen to be elected for the city of Royston as provided by this Act before their term of office expires and their successors are elected and qualified. The mayor and council of the city of Royston shall fix the compensation of the city clerk and treasurer of said city, and all other officers of said city government unless otherwise provided by this Act. Salaries. SEC. 16. Be it further enacted, That whenever a vacancy from death, removal, resignation or otherwise shall happen in the office of mayor or councilmen, the remaining members shall immediately proceed by election to fill said vacancy, and the officer or officers so elected by the remaining members of the council shall fill the unexpired term of the officer or officers in whose place they were elected, in the same manner and under the same restrictions

Page 1126

and responsibilities as though they had been voted for at a regular city election. Should the mayor or any member of council fail or refuse to perform the duties of his office for a term of three consecutive months, the office may, in the discretion of the remaining members of council, be declared vacant, and the vacancy filled as in the case of vacancy caused by death, removal or resignation. In case of vacancy by death, removal or resignation in the offices of recorder or treasurer the same shall be filled by the mayor and council for the unexpired term. Vacancies. SEC. 17. Be it further enacted, That the said city shall be divided into four wards, the first ward to be bounded as follows: Beginning at the public well in said city and running thence in a westerly direction along Franklin Springs street and out Franklin Springs road to the incorporate limits, as provided in section 1 of this Act, and thence along the line of the incorporate limits to a point on the Royston and Danielsville road one mile from the center of said city, and thence back along said road to Church street, and thence along said Church street to the above mentioned public well, the place of beginning; the second ward to be bounded as follows: beginning at the public well in said city, running thence in a westerly direction along Franklin Springs street and out Franklin Springs road to the incorporate limits one mile from the center of said city, thence along the incorporate limits to a point on the Canon and Royston road one mile from the center of said city, thence back along said Canon road to Bowersville street, thence along said street to public well and place of beginning; the third ward to be bounded as follows: beginning at the public well in said city and running thence in an easterly direction along Hartwell street and out Hartwell road to the incorporate limits of said city, thence along the incorporate limits to a point on the Canon and Royston road one mile from the center of said city, thence back along said Canon road to Bowersville street, thence along said street to public well and place of beginning; the fourth ward to be bounded as follows: beginning at the public well in said city and running thence in an easterly direction along Hartwell street and out Hartwell road to the incorporate limits, thence along the incorporate limits to a point on the Royston and Danielsville road one mile from the center of said city, thence back along said road to Church street, thence along said street to the public well, the place of beginning. Wards. SEC. 18. Be it further enacted, That the mayor and council of the city of Royston shall have power and authority to enact

Page 1127

all such ordinances, from time to time, as they may deem necesary to enforce the provisions of this charter; to suppress disorderly conduct, to protect life and property, to maintain the public peace, to protect the public health 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, or that may be necessary to suppress conduct liable to disturb the peace and tranquility of any citizen or citizens thereof, and any other by-laws, regulations and ordinances that they may deem proper for the security of the peace, health, order and good government of said city, which are not repugnant to the laws of the United States or the laws of this State. General welfare. SEC. 19. Be it further enacted, That the mayor, or mayor protem., and three councilmen, or four councilmen (who may elect one of their number to preside) shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day; provided, however, that when there are no more than four members present it shall require at least three affirmative votes to pass any ordinance or resolution; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said council on appeal from the police or mayor's court, and in all such cases on appeal a majority of the members present shall be sufficient to find a verdict either for or against the defendant. Said mayor and council shall hold their meetings within the limits of said city, and at such time and place as they see proper. Quorum of council. SEC. 20. Be it further enacted, That said mayor and council shall have powers to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to enforce all of the laws of the State of Georgia applicable to municipal corporations, and which laws, in so far as they are not in conflict with this Act, are made a part thereof, and to provide penalties for their violation. They shall have power and authority to lay off, open, close, alter, vacate, curb, pave and keep in good order and repair all streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public, or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; and to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, cross-walks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owners and occupants thereof, or the owners or occupants of the real property next adjacent

Page 1128

thereto; to establish and regulate markets; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep and other animals, and fowls of all kinds, from going at large in said city; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of the mayor and council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to abate, or cause to be abated, nuisances in the form of lewd or bawdy houses or houses suspected of being such, and places keeping or suspected of keeping for unlawful sale any liquors, wines, beers or other intoxicating or alcoholic drinks, by whatever name or names the same may be called; to provide in or near said city places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations against danger by fire, and to provide limits in which no wooden building shall be erected; to protect the property and persons of the citizens of said city, and to preserve peace and good order therein; and for this purpose the said mayor, or mayor pro tem., shall appoint, when necessary, a police force to assist the marshal or chief of police in the discharge of such duties; to prescribe the powers and define the duties of all the officers appointed or elected by the mayor and council, fix their terms of office and compensations; require and take from them bonds, when necessary, payable to the city of Royston in its corporate name, with such security and with such penalty as the mayor and council may see fit, conditioned for the faithful discharge of their duties; to erect or authorize or prohibit the erection of gasworks or waterworks in said city; to prevent injury to or pollution of the same, or to the same, or to the water or healthfulness of said city; to make such rules and regulations as they may deem proper regulating the running of locomotives or cars whether run by steam, electricity or other power; to regulate and provide for the weighing of hay, coal and other articles sold, or for sale, in said city, and to provide a revenue for said city, and to appropriate the same to the expenses of said city; to issue bonds, as hereinafter provided for; to pass all laws, ordinances and regulations for the protection of the inhabitants of said city against smallpox and other contagious diseases, and for the care of those who may have such diseases, or are suspected of having them. Powers of mayor and council.

Page 1129

SEC. 21. Be it further enacted, That said mayor and council shall have power and authority to elect a city marshal, who shall be the chief of police of said city, two or more policemen, as in their judgment may seem necessary, a surveyor and engineer, street overseer, attorney, city physician and such other officer or officers as the necessities of the city may demand. They may prescribe the duties of such officers and fix their salaries. The terms of all officers elected by the said mayor and council shall expire with the first meeting of the mayor and council in the calendar year next succeeding their said election by said mayor and council; provided their successors have been elected and qualified. The mayor and council, or mayor pro tem., may appoint such extra policemen as may be necessary in cases of emergency, and such extra policemen shall receive such compensation as may be agreed upon or as may be fixed by the mayor and council. Either or all of said officers elected by the mayor and council may be dismissed from office at any time by a two-thirds vote of the mayor and council, and all of them shall take oath to faithfully perform the duties of their respective offices, and give such bond and security as may be required of them by the mayor and council. The mayor pro tem. shall be elected by the mayor and council from among their own number. Officers. SEC. 22. Be it further enacted, That for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government the said mayor and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city and which is not exempt by State law, not to exceed one-half of one percentum, but where that amount is deemed insufficient, said mayor and council shall have power and authority to levy an additional tax in the mode and manner prescribed by the Constitution and laws of the State of Georgia. Ad valorem tax. SEC. 23. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city, not to exceed fifteen days in each year, at such time, or times, as the mayor and council may require or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said mayor and council may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notices to do so, as said mayor and council

Page 1130

may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city shall be fined in any sum not exceeding twenty-five dollars, nor less than the amount of street tax so assessed, or imprisoned in the guard-house, or by labor on the chain-gang of said city, not exceeding thirty days. Said mayor and council may pass such ordinance as they may deem proper for the purpose of enforcing this section. Street tax. SEC. 24. Be it further enacted, That the mayor and council of the city of Royston shall have power to establish a guard-house and work-gang in said city and to confine at labor therein persons who have been sentenced by the court of said city to work upon the streets, sidewalks or other public works of said city, and shall have power to make all rules and regulations that may seem necessary for the control or government of such work-gangs, and to enforce the same through its proper officers. Guard-house and work gang SEC. 25. Be it further enacted, That the mayor and council of said city shall have full power and authority to license, regulate and control by ordinances all taverns, hotels, boarding-houses, cafes, restaurants, saloons for the sale of creams, ices, etc., livery stables, feed stables, sale stables and lots, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theaters and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses and exhibitions of all kinds; itinerant lightning rod dealers, emigrant agents, peddlers of clocks, stoves, machines or any other article of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandse or other things, pool and bagatelle tables kept for public play, every keeper of a shooting-gallery, tenpin-alley, upon the keeper of any table, device, stand or place for the performance of any game or play, whether played with sticks, balls, rings, upon flying-horses or other contrivances, bicycles, velocipedes or skating rinks; insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds and dealers in futures, keepers of slaughter-houses, beef markets, green grocers, dealers in fresh oysters or fish, vegetables, fruits, breads and other articles of food; contractors and builders, and all mechanics or artisans; barber-shops, junk-shops, pawnbrokers and upon all and every other establishment, business, calling, trade or avocation not heretofore mentioned, and which, under the Constitution and laws of Georgia, are subject to license and specific tax. The

Page 1131

mayor and council of said city may demand payment of any and all licenses or specific taxes authorized by this Act or the laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business, trade, profession or calling in said city for which a license is required. Should any person engage or continue in any business, trade, profession or calling, for which a specific tax or license is required by said city by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said city, he shall be liable to prosecution in the police court of said city and may be fined or imprisoned, in the discretion of the court. The provisions of this section shall apply to all persons, whether natural or artificial. Licenses. SEC. 26. Be it further enacted, That the mayor and council shall not have power and authority to license or authorize persons to sell intoxicating whiskies or liquors, or beer of whatever kind, by retail or otherwise; nor shall any person keep for sale any such whisky, brandies, beer or any other intoxicating or alcoholic drink, by whatsoever name or names the same may be called. Sale of liquors. SEC. 27. Be it further enacted, That the mayor and council of said city shall have power and authority to make and establish by ordinance a fiscal year from which and to which all licenses shall date. Should any person apply for license in said city for any business for which license is required, at any time after the fiscal year has begun, the mayor and council shall have authority to require of such person the same amount as required for license for a full year, and in no case shall the mayor and council be compelled to prorate the amount of license for less time than a full year; provided, that no change in the fiscal year shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year SEC. 28. Be it further enacted, That said mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due the said city for taxes, licenses, rents, impounding fees, forfeitures, for laying sewers or drains, for cleaning or repairing privies, for abating nuisances, and for any and all levies, assessments, debts and demands due said city. Said execution to be issued by the clerk of said city and to bear test in the name of the mayor, against the property, person, corporation or firm against which or from whom any such debt or demand is owing; such execution to be directed to all and singular the marshal, deputy-marshal and policemen of the city of Royston, who are authorized to levy the same upon the property

Page 1132

against which it is issued, or on the property of the person against whom such execution shall have been issued, and the same shall be sold in the following manner, to wit: The property levied upon shall be sold by the marshal or his deputy at public outcry, under the laws for sheriff's sales, to the highest bidder, before the council chamber, or at such other place as the mayor may determine, notice of which place shall be stated in the advertisement of the sale of said property. If said property so levied on shall be personal property, it shall be advertised by posting notices at two or more public and conspicuous places in said city for ten days before the day of sale; and if the property levied upon shall be real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales are advertised for the county of Franklin, Hart or Madison (as the case may be) or in some newspaper published in the city of Royston, before selling the same. All sales, as above provided, shall be at public outcry to the highest bidder and for cash. Said marshal or deputy-marshal making such sale shall execute title to the purchaser, and shall have the same power to place the purchaser in possession as sheriffs of the State have. Executions for taxes, etc. SEC. 29. Be it further enacted, That when any execution shall be sued and levied, as provided in the preceding section, claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas. for State and county taxes; such claim or illegality to be returned to and heard at the superior court of Franklin, Hart or Madison counties (as the case may be) or the justices court of the 370th dist., G. M., Franklin county, the 1113th dist., G. M., Hart county, the 591st dist., G. M., Madison county, according as the jurisdiction thereof may be. Claims and illegalities. SEC. 30. Be it further enacted, That the mayor and council of the city of Royston shall elect at their first or second meeting night in each calendar year three upright, discreet and intelligent persons, who shall be freeholders and residents of said city, as tax-assessors, who shall hold their office one year, or until their successors are elected and qualified. Said tax-assessors may be elected from among the members of the city council or from among other persons, and should any vacancy occur in said board of assessors by death, resignation, removal or refusal to serve, such vacancy shall be immediately filled by said mayor and council. Said mayor and council shall be the exclusive judges of the necessity of declarng a vacancy in said board of

Page 1133

assessors. Before entering upon the duties of the office of assessor each assessor shall take and subscribe the following oath: I, , do solemnly swear that I will faithfully perform the duties of tax-assessor of the city of Royston and will make a true and just valuation of all property therein subject to taxation, according to the fair market value thereof, so help me God. Tax assessors. SEC. 31. Be it further enacted, That the city tax-assessors may hear, during the progress of their investigation, such evidence as to the value of property in said city as they may deem advisable. If any person is dissatisfied with the valuation of his property as fixed by the assessors, he shall have the right to appeal to the mayor and council. Said appeal shall be entered within four days from the date upon which the written or printed notice, hereafter provided for, has been mailed by the clerk of said city. Said appeal shall be substantially as follows, to wit: The undersigned being dissatisfied with the action of the city tax-assessors with reference to the valuation of his property subject to taxation in said city, comes within ten days from the date on which notice of acting of said assessors was mailed him and demands an investigation of the value of said property by the mayor and council of said city. Appeals from assessments. (Signature) . Upon the filing of said appeal with the clerk of said city, it shall be the duty of the mayor to fix a day upon which said hearing will be had and give the appellant five days' notice in writing of said hearing. Notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing said mayor and council shall hear all legal and competent testimony, and enter up judgment accordingly. The appeal hereinbefore provided for shall be signed by the taxpayer, his agent or attorney at law. SEC. 32. Be it further enacted, That immediately after the report of said assessors is filed with the city clerk it shall be his duty to mail a written or printed notice to each and every person the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the action of the assessors, and specifying the property the valuation of which has been increased. Reports of assessments. SEC. 33. Be it further enacted, That said mayor and council shall have power to prohibit by ordinance the keeping for unlawful sale any amount of whiskey, beer or other intoxicating drink, by whatever name or names the same may be called; the keeping and maintaining of lewd women or lewd houses; the keeping of

Page 1134

any room or rooms for gambling; the having of any whiskey, beer or other intoxicating drink for the purpose of sale or giving away on election days; the pursuing of one's ordinary avocation or labor on the Sabbath day; the carrying of concealed weapons; the disturbance of divine worship; to prohibit any person or persons having no visible means of support, commonly known as vagrants, from loitering or idling within the jurisdiction of said city, and any and all other offenses the commission of which in thickly populated cities is more than usually inimical to the public welfare. The police authorities of said city shall have power and authority to break and enter by force any place or places where whiskey or beer or other intoxicating drinks are kept for the purpose of illegal sale, or any places where such things are suspected of being kept, and arrest all parties found therein and take and hold such whiskey, beer or other drinks found therein for the purpose of evidence; they shall also have power and authority to break and enter by force any house or houses of ill-repute, lewd houses, or houses suspected of being such, and arrest the inmates and all parties found therein, parties visiting the same and parties furnishing the inmates of such houses with means of support. The mayor and council shall have power to declare such houses a nuisance and order the same torn down and destroyed when, in their opinion, this is necessary to abate nuisance. The police court of said city shall have jurisdiction to try persons for the commission of any of said offenses committed within the limits of the police jurisdiction of said city, and upon conviction punish offenders as hereinafter provided. Police powers of council and officers. SEC. 34. Be it further enacted, That there shall be in the city of Royston a court known as the Police court of the city of Royston, and the same shall have a seal and be a court of record. The jurisdiction of said court shall extend to all offenses herein provided for, together with all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said city. The sessions of said police court shall be held by the mayor or by the city recorder, in the event the mayor and council have seen fit to create such office, at such times and at such places in said city as in the judgment of either may be necessary. Said police court shall have power and jurisdiction to try all offenses against the ordinances of said city within the corporate limits of said city, and upon conviction may punish offenders by a fine of not more than two hundred dollars, by confinement in the guard-house or work-gang of said city for a term

Page 1135

of not more than thirty days, either or all, in the discretion of said police court. Police court. SEC. 35. Be it further enacted, That in no case shall it be necessary for affidavit to be made or warrant to be issued to authorize arrest to be made for violation of any of the ordinances of said city. Arrests. SEC. 36. Be it further enacted, That all trials in the police court of said city shall be held under and by virtue of an affidavit and warrant, which affidavit may be made by any person before the clerk of said city and warrant issued by the presiding officer of said police court; said affidavit and warrant shall be in the form prescribed for criminal warrants and affidavits in the Code of Georgia. Upon aforesaid affidavit warrant shall issue as aforesaid, and shall be directed: To all and singular, the marshal, deputy-marshal, or any policeman of the city of Royston. Upon said affidavit issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed on account of informality in the affidavit or warrant, it shall be the duty of the court to order another drawn, and another, until the requirements of the law are met. Trials in police court. SEC. 37. Be it further enacted, That said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise; to issue summonses for witnesses, books, papers, in as full and complete a manner as the justice courts in this State may now do; to punish as for contempt failure to obey its legal summonses; to grant continuances under rules of law; to take bonds and recognizances for appearance at its sessions, and to forfeit the same under the same rules and regulations as are now applicable in like procedure in superior courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court of record; provided, that no fine for contempt shall exceed the sum of fifty dollars or imprisonment in the guard-house for more than twenty days. Jurisdiction and powers of police court. SEC. 38. Be it further enacted, That any person convicted in the police court of said city for a violation of any of the ordinances or by-laws thereof shall have the right of certiorari to the superior court of Franklin county, or he may have the right to appeal to the mayor and council of said city, if the said mayor and council shall see fit by ordinance to provide for such appeal; otherwise certiorari, as aforesaid, shall be the only remedy. In carrying cases from the police court of said city to the superior court of Franklin county by certiorari the same rules shall be

Page 1136

observed as are applicable in carrying cases from the county courts in this State to the superior courts. Appeals and certiorari. SEC. 39. Be it further enacted, That the mayor and council of the city of Royston may, whenever in their judgment they see fit, create the office of recorder for said city and to elect some upright and intelligent person, reasonably skilled in the law, resident of said city, to perform the duties of that office, and to fix his compensation therefor; said recorder may be elected at any time that, in the judgment of the mayor and council, his services may be necessary, and he shall hold office for the term of one year, or until the qualification of the mayor and council following the next city election, and until his successor is elected and qualified. It shall be the duty of said recorder to preside in the police court of said city in all cases, except when providentially hindered or absent from the city or when he may be disqualified, in which cases the mayor, mayor pro tem. or any member of council shall preside; provided, no member of council shall preside when the mayor or mayor pro tem. is present and qualified to preside. Recorder. SEC. 40. Be it further enacted, That the mayor and mayor pro tem., or recorder, of said city shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of justices of the peace over all the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of the said city's police jurisdiction it shall be the duty of the mayor, mayor pro tem., or recorder, as the case may be, after investigation, to commit the offender or offenders to jail or bail to answer to the court having jurisdiction of the offense. Criminal jurisdiction. SEC. 41. Be it further enacted, That the mayor and council of said city shall have power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls, from running at large in said city, and to prevent and prohibit the keeping of hogs within the city limits, or regulate the manner in which they must be kept if allowed to remain; and shall have full power and authority to take up and impound any such animals and fowls, and punish all owners of such animals and fowls who refuse to obey an ordinance passed by said mayor and council to carry this authority into effect. Stock law. SEC. 42. Be it further enacted, That in order to give effect to the foregoing section said mayor and council shall have authority to establish a pound and to change the same whenever they see proper; to fix a schedule of charges and penalties to be

Page 1137

paid by the owner of such impounded animals before they are released from the pound; to regulate the mode and manner of sale, or disposition, of impounded animals or fowls when no owner appears, or where payment of impounding fees charged, penalties or costs is refused; to provide for the disposition of the proceeds of the sale of impounded animals, and to provide for the punishment of all persons who without authority break or enter the pound. Pounds. SEC. 43. Be it further enacted, That said mayor and council shall have authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violations of the same necessary for the purposes of maintaining such board of health, and providing penalties for such violations, to prevent the spread of any contagious or infectious disease; also, to isolate any person or persons afflicted with infectious or contagious disease by confining such person or persons within premises provided by the mayor and council, either within or without the corporate limits of said city; to isolate any person or persons who have been exposed to any infectious or contagious disease during the usual period of incubation of such disease by confining such person or persons during such period within premises provided by the mayor and council, either within or without the corporate limits of the city; provided, that no person shall be isolated who is able and willing to pay the hire of proper persons, to be selected by the mayor and council, to guard the premises in which they are, to prevent ingress or egress to and from such premises during the time in which there is probability of the spread of any infectious or contagious disease from such person or persons. Board of health. SEC. 44. Be it further enacted, That said mayor and council shall have exclusive jurisdiction over all cemeteries belonging to said city. They may elect such employees to superintend the care of the same as they may deem proper. They may make such appropriations out of the city treasury as to them may seem proper for the care and supervision of the same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate the charge for grave-digging, hearse fees, and any and everything pertaining to the care and operation of such cemeteries. They may charge such fees for burial as to them may seem proper, and may enforce collection of such fees in such manner as to them may seem most expedient. Cemeteries SEC. 45. Be it further enacted, That said mayor and council

Page 1138

shall have the right to exercise supervision over all buildings within the corporate limits of said city; and they shall have the power to prevent the erection of any building within the corporate limits of said city without the person or persons wishing to build first applying to the mayor and obtaining a speial permit; said permit shall specify the kind of building to be erected and the kind of material to be used in its construction, and the place where the same shall be located; provided, it shall not be necessary to obtain a permit in accordance with this section provided the value of building to be erected shall be less than one hundred dollars; and whenever, in the judgment of the mayor and council, any structure or building is dangerous to the life or health of the citizens, on proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance, and call on the owner or tenant in possession to immediately abate the same; and in the event the owner or tenant in possesson fails or refuses to abate such nuisance within a reasonable time, such time to be determined by the mayor and council, then said mayor and council may cause the same to be done and issue execution against said premises for the cost of abating such nuisance. Said mayor and council may likewise pass and enfore an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance, after such party has had notice to abate the same. Building permits. SEC. 46. Be it further ordained, That the mayor and council shall have power to build, maintain and operate, should they see proper, street railways, waterworks, gas-works, electric light wires, lines or systems; or they shall have power to grant rights of way to railroads, street railroads, waterworks, gas-works, electric light, telegraph and telephone wires or lines throughout the streets and alleys of said city, upon such terms and conditions as restrictions as said mayor and council may prescribe. Said mayor and council shall have power to issue bonds for the purpose of erecting, maintaining and operating any of said public utilities, in the manner hereinafter provided, and whenever said mayor and council shall, in the exercise of their authority conferred in this charter, find it necessary to take private property for such purpose, and they can not agree with the owner or owners thereof as to the compensaton to be paid, they may take such private property upon the following terms and conditions, to wit: Public utilities. SEC. 47. Said mayor and council shall cause to be served on such owner or owners, or his or their agent, written notice of their intention to condemn such property, which notice must describe

Page 1139

the property sought to be condemned, the purpose for which it is to be used, the time and place, when and where the proceedings to condemn such property will be held, which shall not be less than five days from the date of the service of such notice. Condemnation. SEC. 48. It shall then be the duty of the mayor and council to appoint one freeholder of said city, and the owner or owners of the property sought to be condemned, or his or their agent, shall appoint another freeholder; provided, if said owner or owners, or his or their agent, shall fail or refuse to appoint such freeholder, then the mayor and council shall appoint a second freeholder, and the freeholders appointed in either of the above ways shall elect a third freeholder, and the three freeholders shall, after taking an oath faithfully to discharge their duties, hear all legal evidence offered by the parties, and assess the damages or compensation to be paid to the owner or owners of such land, and render their award, which must be signed by at least two of said freeholders. Said award shall then be filed with the city clerk; should the first two freeholders, as above provided for, be unable to agree upon a third, then said mayor and council shall likewise appoint the third freeholder. Damages, how assessed. SEC. 49. Provided, That either party dissatisfied with the award of the assessors may, within four days after the same is filed, enter an appeal to the superior court of Franklin, Hart or Madison county (as the case may be). The mayor and council may, after payment or tender of payment to the owner or owners, or his or their agents, of the sum found by the assessors, proceed to open, lay out, straighten or otherwise change said street, road, alley or lane, pending an appeal to the owner or owners of any land sought to be condemned for such purpose. Appeals. SEC. 50. Be it further enacted, That said mayor and council shall have power and authorty, upon recommendation of the board of health, to cause the owner of lots or parcels of land in the city to drain the same, or to drain any pond or pool of water thereon; also, to compel the owner or owners of cellars occasionally holding water to empty the same or fill up if necessary; and in case the owner of such lots or parcels of land shall fail or refuse, after reasonable notice (such notice to be judged of by the mayor and council) to him or his agent, to comply with the requirements of the mayor and council, it shall be lawful for said mayor and council to employ proper persons to perform such service, and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshal

Page 1140

or his deputy shall pass title to said property as completely to the purchaser as a sale under judgment and execution from the superior courts of this State. Drainage. SEC. 51. Be it further enacted, That said mayor and council shall have authority to establish and maintain such quarantine and other regulations as, in their judgment, may be neessary to prevent the introduction or spread of any and all infectious or contagious diseases in said city. Quarantine. SEC. 52. Be it further enacted, That said mayor and council shall have power and authority to compel the owners of property, their tenants or lessees, to grade, pave and otherwise keep in good order and condition, as said mayor and council may direct, the sidewalks in front of and abutting on their said property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city, or in any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution against said owner or against said property. Sidewalks. SEC. 53. Be it further enacted, That said mayor and council shall have power and authority to establish and create a fire department in said city, provide for the pay and equipment thereof, purchase any necessary apparatus therefor, and make all needful regulations for its proper maintenance. Fire department. SEC. 54. Be it further enacted, That said mayor and council shall have power and authority to provide against hazard and damage by fire, and to that end may declare any portion of said city a fire district, and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in said fire district, and may punish, in their discretion, any person violating the provision of their ordinance in his behalf. Whenever it shall appear that any building, shed or structure of any sort is being erected within said fire district contrary to the ordinances covering such subject, the mayor and council shall have authority to summarily direct the owner of such structure to immediately tear down and remove same or to change the material so as to comply with the ordinances for such cases provided. Should said owner fail or refuse to comply with such order they may have same summarily removed, and execution shall issue against such owner for expenses so incurred by said city. The owner or person in charge of such structures,

Page 1141

and so refusing to comply with the order of the mayor and council, may likewise be punished as for a misdemeanor under the ordinances of the city. Fire limits SEC. 55. Be it further enacted, That said mayor and council shall have power to provide for the erection and maintenance in said city of gas-works, electric light works and waterworks, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may see proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light and waterworks plants for the furnishing said city with lights and water, and may pay such amounts as purchase or rental as they may see proper. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works, and shall have exclusive jurisdiction over them. Whenever said mayor and council shall contract for water or lights for the use of said city, they may by ordinance limit the rates to individual consumers. They may regulate the operation of light or waterworks and impose upon their owners such duties, obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and municipal government. Water and light. SEC. 56. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor, mayor pro tem. or recorder of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person, after trial and conviction of a violation of an ordinance of said city, escape, he may be apprehended wherever found in this State, and the warrant of the mayor, mayor pro tem. or recorder of said city shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of said city may be tried again for such escape and punished not exceeding penalties hereinbefore provided. Fugitives. SEC. 57. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property, his agent or tenant in possession, to provide suitable privy or water-closet accommodations upon such premises as said mayor and council may by ordinance prescribe. Sanitation. SEC. 58. Be it further enacted, That said mayor and council shall have power and authority by resolution or ordinance to provide suitable regulations on the subject of drainage, sewerage

Page 1142

and plumbing, and all and everything else that may be necessary for the improving the sanitary conditions of said city. Said mayor and council are authorized to lay down sewers through private property in said city; provided, that before so doing they shall regularly condemn such private property by the methods hereinbefore laid down for the taking of property by the city. Drainage and sewerage. SEC. 59. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of such city in such sums and at such times as they shall see proper, not to exceed in the aggregate, at any time, the sum of fifty thousand dollars ($50,000.00) of such denominations and in such amounts as they may see fit; said bonds not to bear interest at a rate in excess of five per centum (5 per cent.) per annum, and to run for a greater period than thirty years from their date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue in the discretion of the mayor and council. Said bonds to be issued, hypothecated and sold for the purpose of establishing, maintaining and operating a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lighting, either with gas or electricity, or both, street railways, a system of public schools and the erection and furnishing the necessary buildings for such schools, and for street paving. Said bonds shall be signed by the mayor and countersigned by the clerk under the corporate seal of the city, and shall be negotiated in such manner as said mayor and council may determine to be for the best interest of the city; provided, however, that said bonds shall not be issued for any of above said purposes until the same shall have been submitted to a vote of the qualified voters of said city, and approved by a two-thirds majority of the qualified voters of said city voting at such election. Municipal bonds. SEC. 60. Be it further enacted, That said mayor and council shall have power and authority to contract for; in the event of inability to contract, to condemn any lands, either within or without the city, for the purpose of securing and establishing a location for a city waterworks, a city light plant, a crematory for the destruction of garbage or extension of the city's sewers; and the compensation to the owner or owners of such lands shall be arrived at as hereinbefore provided, where the city condemns property. Power of condemnation. SEC. 61. Be it further enacted, That whenever it is deemed expedient by the mayor and council, they shall order an election to be held in said city for the purpose of determining whether or not there shall be an issue of bonds for any of the purposes hereinbefore

Page 1143

provided, of which election there shall be given thirty days' notice by publication in the Royston Record, or other newspaper published in said city, and also by publishing a written or printed notice in three public and conspicuous places in said city, stating the day of election, the amount of bonds to be issued, for what purpose they are to be issued, what rate of interest they are to bear, whether interest is to be paid annually or semi-annually, how much of principal or interest are to be paid annually, and when bonds shall be fully paid off. Said election shall be held on the day published in said notice, at such place as may be determined by the mayor and council, which place must be designated in the notice of said election, and shall be held by the same persons and in the same manner and under the same rules and regulations as those for mayor and council are held; and the same qualifications of voters of said election shall be required as at said election for mayor and council. That the ballots cast at said election shall contain the words, For bonds, or Against bonds, and unless For bonds shall receive a two-thirds majority of all the voters voting at said election, said bonds shall not be issued, but if For bonds shall receive a two-thirds majority, said bonds may be issued. Election for bonds. SEC. 62. Be it further enacted, That the mayor and council shall have power and authority to levy and collect annually, in addition to that already provided for in this charter, a tax not exceeding one half of one per cent. on all the taxable property of said city for the purpose of maintaining and establishing a system of public schools in said city, said fund not to be used for any other purpose; but before said public school system shall be adopted, it shall be submitted to the quaified voters of said city, for which purpose the mayor and council are authorized, whenever they may deem it expedient, to order an election, of which thirty days' notice shall be given in a newspaper published in said city and likewise by three written or printed notices posted in three public and conspicuous places in said city, which election shall be held under the same rules and regulations as are elections for mayor and council in said city, and the qualification of voters shall be the same. Those favoring a public school system shall have written or printed on their ballots the words, For public schools; those opposed to public schools shall have written or printed on their ballots the words, Against public schools, and if two-thirds of the ballots cast in such election be For public schools, this section and those following on the same subject shall immediately become operative in said city. Should the election

Page 1144

provided for in this section be against public schools, the mayor and council shall not call another election for the same purpose until a year has elapsed, but said mayor and council may call another election, and as many elections as may be necessary, such elections being at least one year apart, until this section is adopted. School tax Election for public schools. SEC. 63. Be it further enacted, That should a system of public schools be established in said city, as provided for in the preceding section, the mayor and council shall elect not less than three nor more than five qualified citizens of said city to constitute a board of education of said city. The mayor or any member of council shall be eligible as a member of said board of education. The said board of education shall be elected annually on the first meeting night in January, and shall hold their office until their successors are elected and qualified, except that the said board of education may at their first election be elected as soon after the adoption of a system of public schools as practical, said board of education to hold office until the succeeding first meeting night in January as above provided. Board of education. SEC. 64. Be it further enacted, That said board of education provided for in the preceding section shall have power to design and adopt a system of public schools for said city; to appoint or elect a superintendent and select teachers for the same; to suspend or remove such superintendent or teachers; to fix compensation of superintendents and teachers; to provide school-houses by rent, building, purchase or otherwise, but the title to all school property shall be and remain in the city of Royston; to make rules and regulations for the government of themselves and said schools as they may see proper and not in conflict with the laws of this State. No white child shall be admitted into any school established for colored children by said board, and no colored child shall be admitted into any school established by said board for white children. All children who are entitled to the benefit of public schools under the laws of this State, and whose parents, guardians or natural protectors bona fide residing within the corporate limits of said city, shall be admitted in these schools upon payment of such incidental fee only as said board may deem necessary. Children of non-residents, and such others as may be entitled to the benefits of these schools shall be admitted upon such terms as may be prescribed by said board of education not in conflict with the laws of this State; that when said public school system has been adopted in said city it shall be the duty of said board of education to have prepared and to furnish the

Page 1145

State School Commissioner, immediately on the passage of this Act and its adoption at an election as hereinbefore specified, and annually thereafter by the first day in December of each year, a list or census of pupils residing in said city entitled to the school fund, in which shall be included those pupils residing outside of the city, but who attend the city schools. And it shall be the duty of the State School Commissioner to pay to the clerk and treasurer of the city of Royston such portion of the public school funds as its number of pupils, as above defined, entitles it to. Powers of board of education SEC. 65. Be it further enacted, That when said public school system is adopted the board of education of said city shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year, and shall lay the same before the mayor and council, who shall be required to levy and collect the same, and the amount so levied and collected shall be used for no other purpose, and shall be paid only on the order of said board of education. School tax SEC. 66. Be it further enacted, That after said public school system shall have been adopted by said city of Royston the educational authorities of Franklin, Hart and Madison counties shall not grant any license to or contract with any person or persons to teach any school of any character in said city, nor shall any of the State school fund be paid to any school in said city other than the public school contemplated by this Act, after it shall have been adopted. Other schools SEC. 67. Be it further enacted, That the mayor and council of said city shall have power and authority to grade, pave, macadamize, cover or otherwise improve the streets and sidewalks, squares, public roads, lanes or alleys in said city with rock, brick, asphalt or such other material as in the judgment of the mayor and council is most economical and endurable. In order to carry into effect the above, said mayor and council shall have power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary on the real estate abutting on such street or sidewalks. Said mayor and council shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side drains, crossings, or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and one-third on the real estate abutting on the other side of the street so improved. The real estate abutting on the street shall pay not more than two-thirds of the entire cost, in the discretion of the mayor

Page 1146

and council, and any street railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave or macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessments against all real estate for the above purposes as to them may seem just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved or according to the area or value of said property, either or all, as may be determined by ordinance passed for that purpose. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The mayor and council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate improved and assessed for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policeman of said city on such real estate, and after advertising and other proceedings, as in case of tax sale, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolutely title in the purchaser. Said city marshal, policeman, acting for him shall have authority to eject occupants and put purchasers in possession; provided the owner of such real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, together with all cost, shall be paid before the affidavit shall be received and the affidavit shall be returned to the superior court of Franklin, Hart or Madison counties (as the case may be), and there tried and the issue determined, as in cases of illegality subject to penalties provided as in cases of illegalities filed for the purposes of delay only. The mayor and council shall have power and authority to pave and contract to pave the whole surface of the streets, without giving any railroad or street railroad company or other property holder occupant of the street the option of having the space to be paved by them paved by themselves, or by contract at his or its instance, the object being to prevent delay and secure uniformity. The lien for

Page 1147

assessments on abutting property and on street railroads and other railroad companies for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the work in each instance. Said mayor and council shall have power and authority to prescribe by ordinance such other rules as they in their discretion think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said city and to collect the cost thereof by execution against the adjacent property owners and railroad companies or other occupants of the streets or alleys of said city. Streets, etc SEC. 68. Be it further enacted, That said mayor and council shall have full power and authority to acquire, on behalf of the city of Royston, by gift, purchase or otherwise, grounds suitable for such park or parks, as in their judgment may be to the interest and welfare of the citizens of said city. They shall have power and authority to improve and keep up the same, and to that end may appoint such officers and employees as in their judgment may be necessary, and compensate them therefor. They shall have the right to draw on the ordinary expense fund of said city for said purposes, or upon any other fund not otherwise appropriated according to law. Parks. SEC. 69. Be it further enacted, That said mayor and council shall have power and authority, whenever in their judgment they may see fit, to secure for said city one or more deep wells in said city for the purpose of supplying the city with a plentiful supply of good wholesome water, and to this end they may contract with such party or parties as they may see fit. For the said purpose they may draw on the ordinary fund of the city, or upon any other fund not otherwise appropriated according to law. Water. SEC. 70. Be it further enacted, That should the mayor and council determine, in accordance with the provisions hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have power and authority in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax, not to exceed one per centum per annum, sufficient to pay off said bonds, with all interest and charges on the same within the period which said bonds have to run, and it shall be the duty of said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay same. Tax to pay bonds.

Page 1148

SEC. 71. Be it further enacted, That any of the officers of the said corporation of the city of Royston who may be sued for any act or thing done in his official capacity may be justified under this charter, and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and council of said city, or either of them, for any act or acts done by them or either of them, under and in accordance with its provisions, and in accordance with the ordinances passed in pursuance thereof. Protection of officers. SEC. 72. 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 24, 1905. SAVANNAH, SALE OF THIRTY-SECOND STREET. No. 631. An Act to empower the mayor and aldermen of the city of Savannah to sell to abutting property owners a portion of Thirty-second street, in said city, 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 aldermen of the city of Savannah be, and they are, hereby empowered to sell to abutting property owners for such compensation as may to the mayor and aldermen seem reasonable and just, the western ninety-eight and forty-two one hundredths feet (98.42) of what was formerly St. Paul's street, but which is now Thirty-second street, in the city of Savannah, said portion of Thirty-second street so authorized to be sold being rectangular in shape and being bounded on the north by lots sixty-seven (67), sixty-eight (68) and sixty-nine (69), Cumming ward, on the east by Habersham street, on the west by lot fifty-seven (57), Cumming ward, and on the south by Thirty-second street, said portion to be sold measuring ninety-eight and forty-two one hundredths feet (98.42) east and west and forty (40) feet north and south, which when sold will enable said abutters to have their southern boundary line on the northern line of Thirty-second street, in conformity with the map of the said city. Savannah: Sale of part of Thirty-second street. 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 22, 1905.

Page 1149

SMITHSONIA, TOWN OF, INCORPORATED. No. 603. An Act to incorporate the town of Smithsonia, in the county of Oglethorpe, State of Georgia; to define its corporate limits; 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 the authority of the same, That the town of Smithsonia, in the county of Oglethorpe, State of Georgia, be, and the same is, hereby incorporated under the name and style of the Town of Smithsonia, with the municipal government thereof vested in a mayor and three councilmen, who are hereby constituted a body corporate, and by that name and style shall have perpetual succession; shall have a common seal and be capable in law to have and to hold, receive and enjoy possession and retain to them and their successors for the use of said town of Smithsonia any estate, real or personal, of whatsoever kind or nature, and shall by the said name of the town of Smithsonia be capable to sue and be sued, plead and be impleaded in any court of law and equity in this State. Smithsonia, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Smithsonia shall be in extent one mile in every direction from the center of the cross of the road leading from Comer, Ga., to Winterville, Ga., and the road leading from Colbert, Ga., to Lexington, Ga., near the residence where T. O. Estes now lives. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Saturday of September, 1906, and every two years thereafter, there shall be held in said town an election for a mayor and three councilmen of said town, who shall hold office for two years and until their successors are elected and qualified. Until the first election provided for and until their successors are elected and qualified, the following named persons, to wit: J. D. Power for mayor, T. O. Estes, J. R. Patten and J. M. Smith for councilmen, are hereby constituted the officers in charge of said town government. Mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That

Page 1150

all elections for officers of said town shall be held at a place in said town to be designated by said mayor and councilmen, and of which said place notice shall be given to the voters of said town previous to the day for said election, and the polls shall open at twelve o'clock, noon, and close at three o'clock in the afternoon. Said election shall be under the superintendence of two or more councilmen as managers of said election. Each of said managers before entering upon his said duties shall take an oath before a person authorized to administer oaths, or to swear each other, that he will faithfully and impartially conduct said election and prevent all illegal voting. No person shall be allowed to vote at said election unless he is qualified under the law to vote for members of the General Assembly and has paid all town taxes. Elections, where and how held. SEC. 5. Be it further enacted by the authority aforesaid, That in case of a vacancy in any of the offices of mayor and councilman by death, resignation or otherwise, all authority is hereby given to the remaining council to elect his successor. Vacancies. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman unless he has been a bona fide resident of said town for three months prior to the election. The persons elected shall be notified of their election by the manager and they shall on the following Monday next after the election, or so soon thereafter as may be practicable, take the oath of office before some person authorized to administer oaths, which oath shall be in writing and shall be spread on the book of minutes of the council, and which shall be as follows: I, , do solemnly swear, or affirm, that I will well and truly perform the duties of mayor or councilmen of the town of Smithsonia by adopting such measures as in my judgment will be best calculated to promote the general welfare of said town and not violative of the spirit or intention of this Act of incorporation; so help me, God. Eligibility to office. Oath of mayor and councilmen. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power, should they see fit to do so, to elect a mayor pro tem., a clerk of council, a town treasurer, such officers to be members of the council, and a city marshal, to hold their offices for the terms of two years, or until removed by the mayor and council. The duty of the town marshal shall be determined by ordinances. Before entering on the discharge of his duties the marshal shall take and subscribe to an oath to faithfully perform the duties of his office. Said marshal and treasurer shall enter into a bond, with good security, in an amount to be fixed by the mayor and council for the faithful

Page 1151

performance of their duties. That mayor and council may also appoint special police for special emergencies. Officers. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to assess, levy and collect such taxes, not exceeding one-tenth of one per cent., upon all and every species of property, real and personal, within the limits of said town, except church and school property, at its market value, once in each year, and the time of assessing and collecting taxes shall be fixed by ordinance of the council; also to levy and collect such special taxes on trades, business, occupations, theatrical exhibitions, including circuses and shows, and all kinds of itinerant trades, peddlers, auctioneers, and all other trades, games and occupations subject to special tax under the State law, as they may deem proper; provided, that no tax shall be levied upon persons selling county produce, when the same is grown or produced by the vendor or the person for whom the vendor is acting. The mayor and councilmen shall have power to impose such rules and regulations for the purpose of enforcing the payment and collection of taxes above enumerated not inconsistent with the Constitution and laws of the State, and the mayor of said town is hereby vested with authority to issue executions for such fines and taxes as may become due said town, and the marshal may proceed to collect the same by levy and sale. Such sales may be made, in case of levy on personal property after ten days advertising in said town at the place to be designated by said council for such sales and in case of levy on real estate by return to the sheriff of said county of Oglethorpe, who shall advertise and sell in same manner as prescribed by State law for levies made on real estate and return by constable. Taxation. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have power and authority to open, change or abolish streets and sidewalks in said town, and may require and compel all persons residing in said town, who may be subject by law to road duty, to work on the streets and sidewalks of said town not to exceed five days in each year, or may receive in lieu thereof a commutation tax from such persons not to exceed three dollars a year, and the mayor of said town shall have the same power and authority to punish defaulters as the road commissioners of this State now have. Streets etc SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have the power and authority to exercise the right of eminent domain and to condemn private property in laying out and extending new streets, or widening

Page 1152

streets in existence, upon first paying just and adequate compensation or damage therefor, condemnation proceedings to conform to the Acts of 1894, page 95, embodied in section 4657 et seq. of the Code, volume 2. Power of condemnation. SEC. 11. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have power to prescribe all ordinances and adequate penalties for the violation of the ordinances of said town and to punish offenders by fines not exceeding fifty dollars or labor on the streets of said town or on the public works of said town, or confinement in the calaboose or guardhouse not to exceed sixty days; fines to be collected by execution issued by the secretary of said council or the mayor against all property of the offender and shall have power also to imprison as punishment in the alternative on failure to pay such fine as may be imposed, not exceeding sixty days in calaboose, or on public works as above set out. Penalties. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or inability from any cause to serve, the mayor pro tem., who may be elected by the council, and in absence or inability of both to act, then any member of the council shall have full power and authority to hold, at such times and places and under such rules and regulations as may be prescribed by ordinance, a mayor's court for said town for the trial of offenders against the ordinances, rules, regulations and by-laws of said town, and impose such penalties for violation thereof as is provided in the preceding section; provided, any person aggrieved at the finding of said mayor, or mayor pro tem., or councilman may, within three days enter his appeal to the mayor and council and by that body have his case tried. Mayor's court. SEC. 13. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor, mayor pro tem. or councilman who is not eligible as a voter at the election and that the mayor pro tem., in the absence of the mayor or in event of mayor's inability from any cause to act at any time, is hereby authorized and empowered to do and perform all duties and acts that the mayor, is by this Act authorized to do and perform. Mayor pro tem. SEC. 14. Be it further enacted by the authority aforesaid, That the said mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town; to secure and promote the good health thereof not repugnant to the Constitution and laws of the State; to provide places for the burial of the dead and to regulate interments therein to make all necessary

Page 1153

fire regulations, to abate nuisances, to promote the public health and to protect and promote peace and good order in said town, and to establish and maintain by taxation public schools in said town; provided, however, before they shall inaugurate a system of public schools this provision shall be submitted to the qualified voters of said town in the manner as follows: The mayor and councilmen shall give notice by posting the same in three conspicuous places in said town for ten days, which notice shall state the date of the election, the place of holding the same, when the polls shall open and close, and held in the same manner and the same rules and regulations for the election of mayor and councilmen. The qualification of voters shall be the same as of voters for mayor and councilmen and the returns shall be made to the mayor and councilmen and the result declared by them. At said election those in favor of public schools shall have written or printed on their ballots the words for public schools, and those opposed to public schools, the words against public schools. If it shall appear that two-thirds of the persons qualified to vote at the said election have cast ballots for public schools, this provision shall become operative, otherwise not. In the event this provision of the Act is adopted, the persons who may be the trustees of such schools as may be in said town shall be, and they are, hereby declared to be the school commissioners of said town and remain such until their successors shall be elected. Powers of mayor and councilmen. Election for public schools. School commissioners. SEC. 15. Be it further enacted, That said school commissioners shall have authority to employ teachers, to prescribe the terms upon which students are to be received in such schools, and to establish such rules, regulations and by-laws as they may deem proper in sustaining the schools in said town. Powers of school commissioners. SEC. 16. Be it further enacted by the authority aforesaid, That the public schools so established shall receive, and it is hereby made the duty of the county school commissioner of said Oglethorpe county, Georgia, to pay over to said commissioners of said schools or to the treasurer thereof, for the use of such public schools, under such rules and regulations as said commissioners may prescribe, the portion of the common school fund belonging to said municipality, evidenced by the number of children residing therein, plus such children who live without the limits of said town and attend such schools within the corporate limits of said town and attend said schools, which moneys shall be expended in the establishment and maintenance of the said public schools as authorized and directed by the Constitution and laws of this State. Pro rata share of common school fund.

Page 1154

SEC. 17. Be it further enacted by the authority aforesaid, That the power to grant the privileges to sell intoxicating liquors of any kind whatever is expressly denied said mayor and councilmen, and the same shall never be exercised under this charter. Sale of liquors. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tem. and each and all the councilmen shall have, and are, hereby vested with full power and authority of justices of the peace to issue warrants against offenders against the laws of this State, to hear trials on same, and to commit to jail or bind over such offenders to appear at the proper court to try such offenders and to commit to jail or bind over any person or persons when the evidence authorizes it in any investigation before them or any of them, to appear at the proper court to try the person or persons for any such offense against the laws of this State. Mayor and councilmen ex-officio justices of the peace. 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 23, 1905. SPARTA, TOWN OF, CHARTER REPEALED. No. 37. An Act to repeal an Act approved December 9, 1893, being an Act to alter and amend, revise and consolidate the several Acts granting corporate authority to the town of Sparta, and to confer additional authority and powers upon the mayor and aldermen of said town, and all Acts amendatory thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That an Act approved December 9, 1893, being an Act to alter and amend, revise and consolidate the several Acts granting corporate authority to the town of Sparta, and to confer additional powers upon the mayor and aldermen of said town, and for other purposes, and all Acts amendatory thereto be, and the same are, hereby repealed. Sparta, town of, charter repealed.

Page 1155

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 7, 1905. SPARTA, CITY OF, INCORPORATED. No. 35. An Act to create a charter for the city of Sparta, in the county of Hancock, Georgia, and a municipal government for said city; to define its boundary lines; to provide for the maintenance of a public school system in said city; to authorize the issuing of bonds for the purpose of establishing an electric light plant and waterworks for said city, either or both, 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, that the city of Sparta, in the county of Hancock, be, and the same is, incorporated under the name and style of the City of Sparta, and by that name shall have perpetual succession, may have and use a common seal, may sue and be sued, plead and be impleaded in any court of law or equity of this State, may purchase, have, hold, receive, enjoy and retain to itself any estate or estates real or personal of whatever kind or nature within or without the corporate limits thereof, may through its mayor and aldermen sell or otherwise dispose of the same for the benefit of said city, as its mayor and aldermen in regular council meeting may adjudge fit and proper; the mayor by direction of the said council making, executing and delivering all deeds and contracts in regard thereto. Sparta, city of, incorporated SEC. 2. Be it further enacted by the authority aforesaid, That the limits of said city of Sparta be, and the same are, the limits of the municipal corporation of Sparta as set out in the Act of the General Assembly of this State approved December 9, 1893, and an Act entitled an Act to amend an Act approved October 15, 1887, entitled an Act to extend the corporate limits of the town of Sparta, in the county of Hancock; to provide for its government, and for other purposes, approved November 13, 1889. Corporate limits.

Page 1156

SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said city shall consist of a mayor and four aldermen, a clerk and treasurer, who may be a member of the council, of mayor and aldermen or other citizen of said city; said clerk and treasurer shall give bond and good security, to be approved by said council, payable to said city in a sum to be fixed by said council, conditioned for the faithful discharge of all and singular the duties of said office, and shall be elected annually for a term of one year, on a day fixed by said council, and shall hold said office until his successor is elected and qualified. Before entering on the duties of the office of clerk and treasurer he shall take an oath before some officer qualified under the laws of this State to administer oaths to faithfully discharge all the duties of said office. He shall be elected by said council and said oath entered on the minutes thereof. Said council may elect or appoint such other subordinate officers of said city as they may deem necessary at any time for the enforcement of the provisions of this charter or any ordinance passed in pursuance thereof; all of whom shall be deemed and held lawful officers of this State and city. All subordinate officers shall hold their offices at the will of said council and receive such salary or compensation as may be attached to such office or appointment, and shall take and subscribe such oath and execute such bond for the faithful discharge of his duties as shall be required by the ordinances of said city. Mayor and aldermen, clerk and treasurer. SEC. 4. Be it further enacted by the authority aforesaid, That the present officers of the municipal corporation of Sparta, to wit: R. W. Moore, mayor; E. L. Culver, F. G. Thomas, C. S. Cary and E. B. Culver, aldermen, and H. K. White, clerk and treasurer, be, and they are, hereby declared to be lawful officers of said city under the provisions of this charter until Tuesday after the first Monday in May, 1906, and until their successors are elected and qualified. That an election for mayor and aldermen to succeed said mayor and aldermen shall be held on the first Monday in May, 1906, and biennially on the same day thereafter under such rules and ordinances as may be adopted by said council not inconsistent with the provisions of this charter and the laws of this State. In case of an elecion ordered to fill a vacancy, the person elected shall be to fill out the unexpired term of his predecessor. Officers appointed SEC. 5. Be it further enacted by the authority aforesaid, That all municipal elections in said city shall be held in the court-house between the hours of 9 o'clock, a.m., and 3 o'clock, p.m., shall be superintended by a justice of the peace of said city, and two freeholders

Page 1157

of said city, or by three freeholders of said city, to be appointed by said council, and shall be conducted as provided by law as for election of members of the General Assembly of this State, except that only two lists of voters and two tally-sheets need be kept. The managers shall count the votes cast, declare the result, and certify the same to the mayor and council, and deposit with the mayor all papers pertaining to said election, who shall retain them unopened for ten days, and then destroy them in the presence of the council, unless notice of a contest shall have been filed. All contests shall be conducted as prescribed by the general laws of force in this State. Elections. SEC. 6. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly in the county of Hancock, who have resided in said city for six months next preceding said election, and who have paid all taxes legally imposed by the authorities of said city including street tax, and have complied with such registration laws and ordinances as shall have been adopted by said council shall be qualified to vote therein; provided, no one shall be permitted to vote who, on being challenged as a voter, fails to take the oath prescribed by law, and to swear that he has been a bona fide citizen of said city six months next prior to said election. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That any person voting illegally at any municipal election held in said city shall be guilty of a misdemeanor and be punished as prescribed by law for illegal voting in this State. Illegal voting. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor shall receive a salary, to be fixed by the city council prior to his election; he shall be a qualified voter of said city. The aldermen shall receive no salary, but shall be exempt from street tax during their continuance in office. Salaries. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and aldermen-elect shall within ten days after their election meet at a time and place to be designated by said mayor and take and subscribe an oath faithfully and to the best of their ability to discharge the duties of their respective offices, which oath shall be recorded on the minutes of the council. Oath of mayor and aldermen. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall elect a marshal and require of him such bond, payable to said city, as they may deem necessary conditioned for the faithful discharge of his duties, and said marshal shall before entering upon his duties take and subscribe an oath before the mayor to faithfully discharge said duties to the

Page 1158

best of his skill and knowledge, and to faithfully account for all money that may come into his hands by virtue of his office, and shall receive such compensation for his services as said mayor and aldermen may determine. Marshal. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall hold at such times and places as they may appoint for the transaction of the business of said city. The mayor shall preside, or a mayor pro tem., to be elected by said council, who shall vote on all questions in case of a tie. Said mayor, or other member of council designated by it in the absence or disqualification of the mayor, shall hold police courts for the trial of all offenders for the violation of the laws and ordinances of said city, and on conviction shall punish each offender by fine not exceeding fifty dollars, or imprisonment in the calaboose not exceeding thirty days or work on the streets not exceeding thirty days, any one or two or all of such punishments, in his discretion. He shall have power to punish for contempt by fine not exceeding five dollars or imprisonment not exceeding twenty-four hours. From the decision of the presiding officer there shall be the right of appeal to the full council, a majority of whom shall decide all issues on appeal. Meetings of mayor and aldermen. Police court. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor shall be ex officio justice of the peace, with authority to take affidavits, issue warrants, subp[oelig]na witnesses, compel the attendance of witnesses and the production of papers in all cases in which he has jurisdiction, to attest deeds and mortgages and other papers for record. And upon investigation in the police court the mayor, or other member of council presiding, in case it should appear that any offense against the criminal laws of this State has been committed, shall have power and it shall be his duty to bind the offender to the proper court or commit him to jail as the general statute of this State provides for committing magistrates. Mayor ex-officio a justice of the peace. SEC. 13. Be it further enacted by the authority aforesaid, That said mayor shall be the chief executive officer of said city. He shall see that the laws and ordinances, rules and orders of the mayor and of the council are faithfully executed. He shall have control of the police of said city, may appoint special police in his discretion, shall see that the peace and good order of the city is preserved, that all persons and property therein are protected, and to this end may cause the arrest and detention of all rioters or disorderly persons or suspicious characters or any person violating the laws, ordinances or rules of said city. Mayor's powers and duties.

Page 1159

SEC. 14. Be it further enacted by the authority aforesaid, That in case of the absence, sickness or disqualification of the mayor, the councilmen shall elect from their body a mayor pro tem., who shall in the absence, sickness or disqualification of the mayor exercise all the powers with which the mayor is invested and perform all the duties required of him. Mayor pro tem. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to pass all laws, ordinances and rules for the government of said city, not inconsistent with the Constitution and laws of this State, for the protection of life, property, peace, good order, health, comfort and convenience of the citizens of said city, and other persons therein, and to provide suitable penalties for the violation thereof. General welfare. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have full power and authority over all streets, alleys, sidewalks, parks, commons, cemeteries; to remove all obstructions and nuisances therefrom; to regulate and control all public houses, markets, butcher's pens, hog-pens, livery stables, blacksmith-shops, gins, mills, and all machinery propelled by steam or electric power, and to remove the same in case they should become dangerous to person or property or injurious to the public health; to establish fire limits and regulations to guard against fire, and to organize and maintain a fire department; to establish a system of sewerage, drainage and waterworks; to maintain street lights; to establish and maintain an electric light plant and system; to establish and maintain other appliances and public improvements as may conduce to the health and comfort of the city; to fill excavations, construct ditches, drain ponds and marshes, construct waterways, and to exercise all such police authority over all parts of the city as will conduce to health, peace, comfort, good order, and the convenience of the citizens, and to pass all such ordinances as they may deem necessary therefor. Powers of mayor and aldermen. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to levy and collect an ad valorem tax of not exceeding one half of one per cent. upon all the property, both real and personal, in said city, and upon all franchises exercised therein, and may adopt such measures in their discretion as shall secure the fair and equitable return of all property for taxation, and may in their discretion appoint tax-assessors, whose duty it shall be to assess all property in said city for taxation at a fair cash valuation. They shall have power to require all persons within said corporate limits who are subject to road duty under the laws of this State to work on the streets of

Page 1160

the city, or they may prescribe a commutation tax in lieu thereof not to exceed three dollars per annum. They shall have power to levy a special or license tax upon all kinds of business callings, professions or occupations carried on within said city, and upon all shows, exhibitions and performances carried on for gain; upon all peddlers or itinerant vendors, insurance and machine agents, and book agents; upon all livery stables, hacks, drays or other vehicles kept for hire; stallions, jacks or bulls kept for breeding; hotels, restaurants, beef markets and green grocers, lunch counters, dealers in fish and oysters, barber shops, saloons, dealers in spirituous and intoxicating and malt liquors, or other drugs or liquids which, if taken to excess, will produce intoxication, in case the same shall become authorized in said city by the laws of this State may regulate the conduct of all such businesses by ordinance, and prescribe the manner of collecting such special license or tax, and prescribe penalties against any one exercising any of such privileges in said city without having first paid said tax or procured such license. Taxation. SEC. 18. Be it further enacted by the authority aforesaid, That said mayor and aldermen aforesaid shall maintain in said city a public school system, as heretofore provided by law, and for this purpose shall have power and authority to assess and collect an additional tax of not exceeding one-half of one per cent. per annum on all taxable property in said city for the support of and maintenance of said public schools. School tax SEC. 19. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to issue and float bonds of said city for the purpose of providing a system of waterworks and a system of electric lights, or either of them, to be owned by said city; provided, that any debt for either of these purposes shall not be in violation of the Constitution or laws of this State, but if created shall be in pursuance of and after an election had authorizing such debt as provided by the Constitution and laws of this State. And said mayor and aldermen, in council assembled, are hereby authorized to elect or appoint a bond commission, consisting of three citizens of said city, who shall serve without compensation, to whom the secretary and treasurer of said city shall turn over the sinking fund now on hand in the treasury of said city and the additional sum of five hundred dollars on the 1st day of January hereafter so long as a sinking fund is required to meet the bonded indebtedness of said city, and from year to year so long as said necessity exists

Page 1161

therefor; who shall loan the same to the best advantage of said city at not less than six per cent. interest per annum, taking good and sufficient security therefor, subject to the approval of the mayor and aldermen, to meet the bonded indebtedness of said city, and shall report each loan made to the mayor and aldermen for their approval, and that a record thereof may be made on the minutes of the council. Said bond commissioners shall collect and pay over to the secretary and treasurer of said city annually the interest on all loans made by them, which shall be first applied to any deficiency in the sinking fund, if any, and then to become a part of the general fund of said city. If any additional amount of bonds should be issued and floated by said city, the sinking fund provided for their redemption shall in the same way be paid over to said bond commission, and by them so applied and the interest so applied. Said bond commission shall be perpetual, and all vacancies from death or removal from the city or otherwise therein filled by the mayor and aldermen. Waterworks and electric lights. Bond commission. SEC. 20. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have power and authority to enforce by execution the collection of any amount due, or to become due, to said city for taxes, fines, assessments, license fees or otherwise, which executions shall be issued by the secretary and treasurer and bear test in the name of the mayor, and be directed to the marshal of said city, his deputies, and sheriffs and deputies of this State, who are hereby authorized and required to execute all writs, processes, warrants, executions, subp[oelig]nas, rules and orders, as aforesaid. All sales by said marshal shall be conducted as provided by law for sheriff's sales, and as such he shall make title and put purchasers in possession of property sold. Executions for taxes, etc. SEC. 21. Be it further enacted by the authority aforesaid, That all judgments and executions issued under the provisions of this Act shall be a lien upon and bind all the property of the defendant from the date thereof, and shall rank with and have precedence, as provided by the laws of this State, as to liens by execution and decree. All claims and illegalities filed thereto shall be returned to the superior court of Hancock county, or other court of said city or county having jurisdiction, and be there tried as provided by law for the trial of other claims and illegalities, the cost to be the same and to be taxed and paid as prescribed by law for other such cases in the superior court. Liens Claims and illegalities. SEC. 22. Be it further enacted by the authority aforesaid, That

Page 1162

all property held and owned by the municipal corporation, the town of Sparta, and by the mayor and aldermen of said town for municipal purposes, shall be and become the right and property of the city of Sparta, and that all rights and liabilities of the town of Sparta shall accrue to and against the city of Sparta, and as such be enforced. Corporate rights and liabilities. SEC. 23. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this charter and Act be, and the same are, hereby repealed. Repealing clause. Approved August 7, 1905. STATHAM, CHARTER AMENDED. No. 504. An Act to amend an Act entitled An Act to incorporate the town of Statham, in Jackson county; to confer certain powers on the municipal authorities of said town; to limit the rate of taxation to one-half of one per cent.; to provide that sections 703, 696, 699, 701, 705, 717, 718, of the Code of Georgia for 1895, be made a part of the charter of said town, and to provide for the registration of qualified voters of said town, and for other purposes, approved December 5, 1902, by striking out the words one-half in the fourth line of section 2 of said Act and inserting in lieu thereof the word one, and by striking out the figures $25.00 in the second line of section 15 of said Act and inserting therein the figures $500.00, and by striking out all of lines three and four in section 15 of said Act and inserting in lieu of same receive not more than $50.00 per annum. 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 to incorporate the town of Statham, in Jackson county, approved December 5, 1902, and referred to in the above caption, be, and the same is, hereby amended as follows: That section two of the above recited Act is hereby amended by striking out the words one-half in the 4th line thereof and inserting in lieu thereof the word one, so that said section, when amended, shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall

Page 1163

be as follows: Beginning at the center of the waiting-room of the Seaboard Air Line depot and extending one mile in all directions. Statham; corporate limits. SEC. 2. Be it further enacted, That the figures $25.00 in the second line of section 15 of said Act be stricken and in lieu thereof the figures $500.00 be inserted, and that all of the third and fourth lines of section 15 of said Act be striken and in lieu thereof the following words inserted, receive not more than $50.00 per annum, so that said section, when amended, shall read as follows: Sec. 15. Be it further enacted, That the mayor shall receive a salary not to exceed $500.00 per annum, and the councilmen shall receive not more than $50.00 per annum. Salaries. 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 23, 1905. STILLMORE, TOWN OF, CHARTER REPEALED. No. 494. An Act to abolish an Act entitled An Act to incorporate the town of Stillmore, in the county of Emanuel, and for other purposes connected therewith, found in Acts of 1889, page 1079, and approved November 13, 1889; and amended by an Act approved December 6, 1900, found in Acts of 1900, page 426, providing that the corporate limits of the town shall extend one-half mile in every direction from college building, and an Act amending said Act, found in Acts of 1904, pages 642 and 643, approved August 15, 1904, and providing for the working of offenders of said town law on streets of said town in default of payment of fine imposed. 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 a certain Act found in Acts of 1889, page 1079, and approved November 13, 1889, incorporating the town of Stillmore, in the county of Emanuel, and for other purposes connected therewith, and amended by the Acts of 1900, page 426, and approved December 6, 1900, providing that the corporate limits of said town shall extend one-half mile in every direction from college building, and

Page 1164

also an Act of 1904, found on page 642, approved August 15, 1904, providing for the working of offenders of said town on the streets of said town in default of payment of fine imposed, be, and the same is, hereby repealed. Stillmore, town of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. STILLMORE, CITY OF, INCORPORATED. No. 493. An Act to establish the city of Stillmore, in the State of Georgia, county of Emanuel; to provide a council and officers therefor; to provide and regulate its powers, duties, qualifications of its officers, etc.; to provide for elections in and for said city; to provide for the registration of its voters and their qualifications; to provide for the challenge of voters; to provide a penalty for illegal registering, voting, or offering to vote, illegally; to provide for the establishment of wards in said city, and holding said elections therein; to provide for the levying of taxes and the collection of the same, and for the assessment of property; to designate who shall be subject to street duty; to provide for the erection or purchase of school buildings, and lands for the same; to provide for all school systems and for the maintenance of the same; to provide for the issuance of bonds for public improvments; the erection or purchase of school buildings, lands, etc.; for electric light systems, waterworks, etc., and for the issuance of bonds for any or all of these purposes, and for the payment of the same; to provide for appeals and certiorari from the decisions of the mayor or council; to provide for the trial and impeachment of city officers; to provide barracks, or guard-houses, or pest-houses, for said city; to repeal conflicting laws, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city of Stillmore, in the county of Emanuel, be, and the same is, hereby incorporated as a city under the name and

Page 1165

style of the city of Stillmore. The corporate limits thereof shall extend one mile in every direction from the center of Stillmore College building, in the county of Emanuel and said State of Georgia, as it is now situated. Stillmore, city of, incorporated SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government and corporate powers of said city shall be vested in a mayor and four councilmen, who shall be styled the city council of the city of Stillmore, and by that name shall have perpetual succession; shall have a common seal, and be capable, in both law and equity, to control, hold, enjoy, possess, sell, convey and purchase for the use of said city of Stillmore any real or personal property of any kind, and exercise all the corporate powers that may be necessary, in accordance with law, and shall by said name be capable to sue and be sued in any court of law or equity of this State, to contract and be contracted with. Mayor and councilmen, corporate powers. SEC. 3. Be it further enacted by the authority aforesaid, That the officers of the town of Stillmore shall be and act as officers of the city of Stillmore until the first election, to be held in the city of Stillmore on the second Monday in September, 1905, as hereinafter provided, and until their successors are elected and qualified, as now provided by law; and that all legal and valid contracts heretofore entered into by the proper authorities of the town of Stillmore shall be good and valid for and against the city of Stillmore, and that all rights and liabilities of the town of Stillmore shall accrue to and against the city of Stillmore, and all the property now held and owned by the town of Stillmore shall be and become the property of the city of Stillmore. Officers, rights and liabilities of town, become those of city. SEC. 4. Be it further enacted by the authority aforesaid, That all elections for said city of Stillmore, whether regular or special, shall be held under the supervision of the said city council, who shall appoint one justice of the peace, residing in said city, and two freeholders, or three freeholders, residing in said city, who shall be electors under this Act, who shall be furnished with the registration book of said city, or a certified list from the clerk of council, and such books as may be necessary for the proper and legal holding of said election, whose duty it shall be to receive and count the ballots and return the same to said city council by 12 o'clock of the day next after said election. When the said council shall, with the managers, examine, consolidate and declare the result; provided, that the said election managers, as hereinbefore mentioned, before proceeding with the election, shall

Page 1166

be sworn as prescribed in sections 67 and 68 of the Code of Georgia of 1895. Elections, how held. SEC. 5. Be it further enacted by the authority aforesaid, That the first election for members of said city council shall be held on the second Monday in January, 1906, and that elections shall be held for members of said city council annually thereafter on the second Monday in January; that all special elections shall be held and returns thereof made, in the same manner and under the same regulations as regular elections are held for said city, and at the usual place of holding the same, and at such time as may be selected by said city council; provided, that at least ten days notice shall be given by posting a written or printed notice of the same in front of the said council chamber in said city, and also by publishing a notice of said election in any newspapers that may be published in said city of Stillmore, should one be published therein, not more than ten days nor less than 3 days before said election is held. Elections, when held SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be qualified to vote at either any regular or special election for said city except such male citizens as are twenty-one years of age, and who shall have paid all taxes legally imposed and demanded of him by the authorities of said city,and who shall have resided during the six months next preceding said election within the jurisdictional limits of said city. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That all ballots voted in elections for said city shall have written or printed thereon a name for mayor and four councilmen. That the polls of all elections in said city shall not be opened before 9 o'clock, a.m., and shall be closed at 4 o'clock, p.m., 90 meridian time. Ballots. SEC. 8. Be it further enacted by the authority aforesaid, That the city council of said city shall cause the clerk of said council to register names of all voters who are qualified to vote under this charter for municipal officers of the city of Stillmore. Registration of voters. SEC. 9. Be it further enacted by the authority aforesaid, That the city clerk shall provide a suitable book, alphabetically arranged, in which to register such qualified voters, and said city clerk shall give notice by posting the same in front of the council chamber, or by publishing at least one time in any paper of general circulation in said city not less than sixty days, nor more than ninety days, before regular elections for said city, that his books are open for the registration of voters who are qualified to vote for municipal officers for said city; such books shall be opened

Page 1167

at least sixty days before the election, and closed twenty days before the election. Registration books. SEC. 10. 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 of council in person and to furnish satisfactory evidence, if required, of their qualifications for registration, and the clerk shall require the following oath or affirmation: I do swear that I am twenty-one years of age, or that I will be by the date of the next election of said city of Stillmore, and that I have paid all legal taxes imposed upon me by the city of Stillmore, and that if I continue to reside within the city of Stillmore I will have resided in the same the six months next preceding the next regular election of said city, to be held on the second Monday in January, so help me God. The clerk of said city is hereby authorized to administer said oath, and shall keep a record of the same upon the registration books, and may refuse to register any person who declines to take aforesaid oath. Registration oath. SEC 11. Be it enacted by the authority aforesaid, That any person offering to vote in any election of said city may be challenged, and when so challenged the managers of said election shall cause such person to take the following oath: I do solemnly swear that I am twenty-one years of age, or that I will be by the date of the next election of said city of Stillmore; that I have paid all legal taxes demanded of me by the authorities of said city, and that I have resided in said city the last six months next preceding this date; that I have registered in said city for said election, and that I have not voted before during this election, so help me God. And no person shall be allowed to vote who refuses to take said oath. Oath of voter. SEC. 12. Be it further enacted by the authority aforesaid, That any person registering illegally for any election to be held in said city, or voting or offering to vote illegally in any election, held or being held for said city, shall be liable to the same penalty that is prescribed by the laws of this State for illegal registering or voting in said State and county elections, and may be prosecuted for the same in the State courts having jurisdiction thereof. Illegal voting. SEC. 13. Be it further enacted by the authority aforesaid, That said city may, in the discretion of the council and upon the passing of the proper resolution, be divided into wards, not less than four, as may seem best to the council; the boundary lines of such wards to be laid out and designated by said city council, and when so laid off the said council shall by resolution fix the place

Page 1168

in which elections are to be held in such wards, one such place in each ward, and voters shall thereafter vote in the ward in which they reside. The managers of elections in each ward shall be furnished by the said city council with a list of the registered voters in such ward, and then and thereafter said city council shall consist of a mayor and one councilman from each ward. But until and before that time said city council shall consist of a mayor and four councilmen elected from the city at large. Wards. SEC. 14. Be it further enacted by the authority aforesaid, That no person shall be eligible for mayor who, at the date of election, has not arrived at the age of 25 years, and who has not resided in said city for the space of one year next preceding the date of election, and who does not possess all the qualifications of a qualified voter under the law of said State, except as to registration. No person shall be elected to the office of councilman unless he possess all the qualifications necessary for mayor, except that he need be only 21 years of age. Eligibility SEC. 15. Be it further enacted by the authority aforesaid, That all vacancies as to mayor or councilmen resulting from death, resignation or otherwise shall be filled by special election, to be called by the mayor for that purpose, of which at least 10 days' notice shall be given by posting a written or printed notice of same in front of the council chamber of said city, and also by publishing the notice of said election in any newspaper of general circulation in said city that may be published in said city of Stillmore, should one be published therein, not more than 10 nor less than 3 days before said election is held. All elections to fill such vacancies shall be held under the same rules and regulations as are herein provided for general elections. Vacancies. SEC. 16. Be it further enacted by the authority aforesaid, That before the mayor shall take up the duties of this office he shall take and subscribe the following oath: I. , do solemnly swear that I will demean myself uprightly as mayor of the city of Stillmore, and that I will, to the utmost of my ability, faithfully discharge all duties devolving upon me as mayor of the city of Stillmore, carrying out all laws, rules, ordinances and regulations of said city according to the best of my ability, looking at all times to the interest of said city, and acting in all things without favor or affection, so help me God. Which oath, when subscribed before the officer hereinbefore designated, shall be recorded on the proper records of said city. Each councilman shall take a similar oath, except that the word councilman shall be

Page 1169

inserted wherever the word mayor appears in the oath prescribed for that officer, which oath shall be recorded in the same manner. Oath of mayor and councilmen. SEC. 17. Be it further enacted by the authority aforesaid, That said city council shall at their first meeting elect from their body a mayor pro tem., who shall have authority to discharge all of the duties incumbent on the mayor of said city when from sickness, absence from the city, or other causes, the mayor is unable to act; provided, that in the absence of the mayor and mayor protem. for any cause herein enumerated, any member of the council may, for the time being, discharge the duties devolving upon the mayor. Mayor pro tem. SEC. 18. Be it further enacted by the authority aforesaid, That at the first meeting of the city council, or as soon thereafter as may be practicable, they shall elect a clerk of city council and a treasurer, both of which offices may be held by one man if, in the discretion of the council, they deem the same necessary. They shall also prescribe such salary as they may deem reasonable and just, and in case that one man holds both offices the salary prescribed shall be the compensation for both. They shall also at said first meeting, or as soon thereafter as practicable, elect a chief marshal, or superintendent of police, and such other marshals as they may deem necessary. The clerk and treasurer shall each be elected for the same term as the mayor and councilmen, but they may be removed from said position by the council when, on account of neglect of duty, incapacity, malpractice in office, or for other good or sufficient cause, the council may deem the same to be of the best interest of said city; the chief marshal may be elected for any time that the council may deem to the best interest of the city; provided, the term for which he is employed does not exceed the term for which said mayor and councilmen are themselves elected; and provided further, that said city marshal may be removed by the mayor and council at any time when, in their discretion, the same is necessary for the best interest of said city; and such action shall be conclusive upon said mashal, and such action shall not be subject to review by any court or furnish such chief marshal any right of action against said city for salary or otherwise. Other marshals, policemen, and like officers, may likewise be removed by the council of said city under the same conditions as the chief marshal is removed. Vacancies in any of said offices may be filled by elections for the unexpired terms at any regular meetings of said council, or at any special meeting, provided all members of council are present. Vacancies in any of said offices may be filled by appointment of

Page 1170

the mayor, until the next regular meeting of council. The salaries of all of said officers shall be fixed by the council on or before their election. Officers. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said city, and shall have general supervision over all of its affairs; shall preside at all meetings of council, and cast the deciding vote in case of a tie. It shall be his duty to see that all laws and ordinances of said city are executed. The mayor of said city, or in his absence or inability, the acting mayor of said city, shall hold a police court in and for said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, and shall inflict such punishment for violations of the same as in his discretion he may deem proper, not to exceed a fine of one hundred and fifty dollars, or labor on the streets in said city, or on the public works in said city, not to exceed six months, or confinement in the city prison of said city not exceeding thirty days, with power to inflict one or all three; and in addition thereto such costs of the proceeding as may be imposed, such costs and fines shall be collected by executions issued by the clerk of the city council, in the name of said city council, against all property of said offender, both real and personal; provided, however, that if the investigation of any cause before said mayor or acting mayor it should appear that the penal laws of the State have been violated, it shall be the duty of said mayor or acting mayor, and he is hereby empowered, to bind said party over to answer said offense to the court of competent jurisdiction to try and dispose of the same. And all rules and regulations governing justices of the peace, when holding commitment courts, shall govern said mayor, or acting mayor, or recorder, in the discharge of his duties under this part of this section. The mayor or acting mayor of said city shall have all the power of a justice of the peace to issue warrants and to hold commitment trials, and to commit to the proper State courts of said county for trial all violators of the laws of said State for offenses committed in the corporate limits of said city; and the jailer of said county is hereby authorized and required to receive all persons committed to any of the said courts of said county from said mayor, or acting mayor, under the same rules and regulations as if committed by a justice of the peace of said county. Mayor's court. SEC. 20. Be it further enacted by the authority aforesaid, That the clerk of said city council may, and unless otherwise provided by the council, shall also be tax-receiver and collector; provided,

Page 1171

however, that the office of tax-collector may be filled by the chief marshal, if in the discretion of the council the same may be expedient. Within 10 days after said clerk of said city council shall have been elected he shall execute a bond in a sum not less than two thousand dollars, with two or more good and solvent securities, or acceptable security company, to be approved by the mayor, and payable to the said city of Stillmore, conditioned for the faithful discharge of all the duties of his office according to law and the ordinances of said city, and to fully and faithfully account for and pay over all moneys that may come into his hands. He shall also take an oath to discharge the duties of his office to the best of his ability and understanding. He shall attend all the meetings of the said city council, keep a record of the same, issue all subp[oelig]nas, summonses, processes and executions that may be necessary in the enforcement of the laws and ordinances of said city, and shall issue all licenses granted by the mayor and said city council, keep a record thereof, have charge of and securely keep all books and papers belonging to said city. He shall attend all sessions of the council's, mayor's or recorder's court. He shall keep a book in which he shall enter all moneys received, from whom, for what purpose and how distributed. He shall take receipts for all moneys paid out, and he shall pay over to the city treasurer all taxes and other moneys collected by him for the city on or before the first Monday of the months next succeeding the collection so made, except such moneys as belong to the school fund, and this he shall pay to the treasurer of the board of education of said city or the school district in which said city may be located in like manner. His books and papers shall be subject at all times to the inspections of the mayor or of said city council, or to any committee appointed either by the mayor or said council for that purpose. He shall keep his office in the council chamber unless otherwise permitted by proper ordinance, and shall receive and collect all taxes due the city in such way as the mayor and council may require. He shall make out in a book to be kept for that purpose within one month after assuming the duties of his office a complete list of all parties residing in said city who are subject to street duty, and in case that the office of tax-collector may be filled by the chief marshal, and shall furnish to said marshal a certified list showing the names of all parties residing in said city subject to street duty. He shall perform such other duties as may be required of him by the mayor or said city council. He shall receive as compensation for said

Page 1172

services such an amount as may be fixed by the council on the date of his election. Tax receiver and collector. SEC. 21. Be it further enacted by the authority aforesaid, That the treasurer and chief marshal, and other marshals, if there be any, of said city shall each within ten days after their election make bond payable to the city of Stillmore, with like securities and conditions as required of clerk of council. The treasurer's bond shall be not less than two thousand dollars. The chief marshal's bond shall be not less than one thousand dollars, and other marshals' bonds not less than five hundred dollars, and they shall each receive such compensation for their services as may be fixed by council upon their election; provided, however, that said council shall have the right at any time to raise the salary of any marshal of said city when in their discretion the same should be done. The treasurer shall receive and pay out all moneys belonging to the city, and he shall pay out no money except on warrant duly passed by the council and signed by the mayor, mayor pro tem. or chairman of the finance committee, and countersigned by the clerk with the seal of the city stamped thereon. He shall keep a record of all moneys received, from what source, to whom and how distributed, and for what purpose and the number of the warrant. He shall submit to each regular meeting of the council a report from his books of all receipts and disbursements, and show the balance in the hands of the treasurer. His books and papers shall be subject to the inspection of the mayor and council, or any committee appointed by said mayor and council, and at the end of each year he shall submit a complete report of the receipts and disbursements for the year, classifying and consolidating them so as to show the main source of income and the principal items of expense. He shall perform all duties required by the laws and ordinances of said city, or the mayor or council, and shall receive such compensation as may be fixed by council upon the date of his election. The chief marshal of said city shall have general supervision over the other marshals of said city, and all marshals shall preserve order in said city, enforce the ordinances thereof and make cases against all violators of the laws or ordinances of said city. They shall have power and authority to examine all places where he suspects that a violation of the laws of said State or the ordinances of said city is being perpetrated. They shall have full power and authority to call to their aid any or all of the male citizens of said city, capable to bear arms, and shall report all offenders against the laws of the said State or city to the mayor, or mayor pro tem. when acting as mayor, who may issue

Page 1173

warrants against said offenders, or cause them to be brought before them and tried in accordance with the laws of said State or the ordinances of said city. They shall have authority to abate all nuisances in said city under the proper order of the mayor and council. They shall perform such other duties as may be required of them by the ordinances, the mayor or the council of said city. Treasurer and marshal. SEC. 22. Be it further enacted by the authority aforesaid, That said mayor or mayor pro tem., or councilman acting as mayor, as hereinbefore set out, shall preside at all meetings of the said council, that said city council shall hold regular meetings at such times and places as they may fix by their by-laws, not to be less than once a month. They may also hold such call or special meetings as may for any reason become necessary or expedient. They shall require and have kept minutes of such meetings to be preserved for investigation and inspection, and said minutes so kept to be delivered to their successors in office. Meetings of council. SEC. 23. Be it further enacted by the authority aforesaid, That said city of Stillmore shall have and enjoy all the rights, privileges, powers and immunities incident to such corporations, and said corporation by its city council shall have full power and authority to enact all ordinances, by-laws, rules and regulations which they may deem necessary for the good government of said city, and for securing the health and happiness of the inhabitants thereof; to have power to establish and regulate the running of cars, trains or locomotives within their jurisdictional limits; to regulate meat markets, vegetable markets, or other markets of like character; to prescribe the time for opening and closing the same, and to enforce such rules and regulations as may be necessary for the good government of the same; to prevent injury or annoyance to the public or individual from anything dangerous, offensive or unwholsome; to abate or cause to be abated anything which in the opinion of a majority of the whole council shall be a nuisance, to regulate the keeping of gunpowder, fireworks, loaded shells, cartridges or other combustibles; to provide, in or near the city, place or places for the burial of the dead and to regulate interments therein, or in said city; to provide for the regular building of houses or other structures; to remove any and all obstructions from the streets, sidewalks, alleys or other public domains of said city; or to widen out streets or to open up anew through any property in said city which in the discretion of the council may be deemed necessary or to the good of the city; to designate the fire limits and to make such provisions as may in their discretion be necessary for the putting out of fires,

Page 1174

or controlling the same in said city; to provide for the construction of houses within the same; to provide for the making of division fences by the owners of adjacent premises, and the drainage of lots by the proper drains and ditches; to protect the personal property of the citizens of said city, and for this purpose to appoint a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by them; to fix their terms of office and compensation; to regulate, erect, authorize or prohibit the erection of gasworks, electric lights or waterworks of said city; to prevent injury to or pollution of the water healthfulness of the city; to provide a revenue for said city, to provide for the annual assessment of taxable property; to adopt rules for the regulation of its own body; to lay off, vacate, close, open, alter, cut, have and keep in good order and repair roads, alleys, sidewalks, drains and gutters for the use of the public or any of the citizens of said city, and to improve and light the same, regulate the width of sidewalks on the streets and to order the sidewalks, crossings, footings, drains and gutters to be curbed and paved and kept in good order, firm and clean by the owners or occupants of real property next adjacent thereto, and to pass all ordinances for the condemnation of property for the purpose of streets, sidewalks, alleys, etc., to have power to pass such ordinances as they deem necessary for the keeping of hogs, cattle, and other animals and fowls within said city; to authorize and regulate the use of the streets in said city by telegraph and telephone companies; to erect, provide for and regulate and control pesthouses, public schools and houses for the poor. Powers of mayor and council. SEC. 24. Be it further enacted by the authority aforesaid, That the city council shall cause to be made annually, and entered upon its journal, an accurate estimate of all sums which are or may be lawfully chargeable to said city and which ought to be paid within one year, and shall levy such tax as may, in the opinion of the city council, be necessary to pay the same. The tax may be levied upon all property, real and personal, within said city, upon banking, insurance and other capital employed therein. The council shall have power to levy and collect a specific tax upon factories, bankers, agents, or managers of gift enterprises, stands of all sorts, etc., peddlers of all sorts, fire and life insurance agents, policy venders, lightning rod agents, book agents, sewing machine agents, dealers in musical instruments, clocks and stoves, whether by sample or order, taken for future delivery or otherwise, and upon all persons exercising within the city aforesaid

Page 1175

any profession, trade or calling, or any business of any nature; provided said tax is not in conflict with any laws of this State. Taxation. SEC. 25. Be it further enacted by the authority aforesaid, That every male citizen of said city not under sixteen nor over fifty years of age shall, if required by council, work not exceeding fifteen days in one year and not exceeding five days in each month, by himself or an acceptable substitute, on the streets, sidewalks, alleys or public grounds of said city under the direction of the marshal, or he may be released from such work upon payment of such amount as may be fixed by council as street tax. SEC. 26. Be it further enacted by the authority aforesaid, That the city council shall have complete control of the manufacturing, wholesaling and retailing of spirituous and malt liquors or any intoxicant in the city; provided, the license for retailing such shall not be less than one thousand dollars per annum; to prohibit the storage and keeping of wines, beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes, or prohibit the same from being brought into said city for said purpose and punish within the limits prescribed by this charter any person or persons violating the same. Sale of liquors. SEC. 27. Be it further enacted by the authority aforesaid, That the city council of said city be, and they are, hereby authorized that in the event a city court should be established in said city, with jurisdiction extending beyond the limits of the same, the said city council shall have the power and are hereby authorized to appropriate annually any amount, not less than one hundred dollars nor more than five hundred dollars from the treasury of said city for the purpose of maintaining said court; provided, however, that in order to make an appropriation for this purpose a written resolution shall be offered and read at a regular meeting of said council, and the same shall be laid over until the next regular meeting, when the same shall be voted upon by the council; provided further, that a two-thirds vote of the members present shall be necessary to make said appropriation, except in the event of a tie, when the mayor's vote shall be sufficient to make the appropriation. Appropriation for city court. SEC. 28. Be it further enacted by the authority aforesaid, That the city council of said city be, and they are, hereby authorized to establish a system of public or common schools within said city upon first complying with the following regulations, to wit: Before any public or common school shall be established in said city, to be maintained at the expense of said city, the mayor upon recommendation of two-thirds vote of the council, shall advertise

Page 1176

an election in the gazette in which the sheriff's advertisements are printed, or in the newspaper published in said city, once a week for four weeks, to be held at , in said city, at which all persons qualified to vote for city council of said city shall be qualified to vote; said election to be conducted in all particulars as now provided by law for elections in said city. It shall be the duty of the electors at said election to indorse on his ballot, Public schools, or No public schools, and if two-thirds of all qualified to vote at said election shall be found to have voted in favor of public schools, then in that event, but not otherwise, it shall be lawful for said city council to establish one or more public schools for each of the two races within said city, to be maintained in whole or part at the expense of said city by local taxation; provided, that no local tax levied and collected for said purpose shall ever in one year exceed one-fourth of one per cent. on the taxable property of said city. Election for public schools. SEC. 29. Be it further enacted by the authority aforesaid, That within six months after the passage of this Act the city council may order an election to be held in said city of Stillmore on the question of issuing bonds of said city for public improvement, and especially for the purpose of building suitable houses and providing furniture and apparatus for the public schools in said city, or to purchase a schoolhouse, at their option, as well as the grounds whereon to build said houses; also electric lights and waterworks, in the discretion of the city council; that thirty days' notice of such election shall be given in the newspaper published in said city, and the same shall be held as all elections are held for said city; that all persons entitled to vote for city council of said city shall be entitled to vote in said election; that ballots cast at such election shall have thereon For bonds, or the words Against bonds, and that the returns of said election shall be returned to the city council of said city and who shall in the presence of and together with the managers consolidate and declare the results of the same; that if two-thirds of the qualified voters of said city voting at said election shall have voted For bonds, then the city council of said city shall be, and they are, hereby authorized and empowered to issue bonds of said city not exceeding in the aggregate twenty thousand dollars, of so much denomination as the city council shall determine, and said bonds shall bear interest not to exceed six per cent. per annum, which interest shall be paid annually; that said bonds shall be signed by the mayor of said city and countersigned by the mayor and council, and shall be negotiated in such a way and manner as said

Page 1177

city council shall determine to be for the best interest of said city of Stillmore. Elections for bonds. SEC. 30. Be it further enacted by the authority aforesaid, That the funds arising from the sale of such bonds shall be placed on deposit in a bank selected by the city council, to be used by a board of school commissioners to be appointed by the city council of the city of Stillmore, to be used by said board of school commissioners for buying suitable lands, building a suitable school building for the public school of said city, or to purchase land with suitable building thereon, and for providing furniture and apparatus for the same, as they shall deem best and for the interest of said school. Proceeds of bonds. SEC. 31. Be it further enacted by the authority aforesaid, That said city council of the city of Stillmore shall annually levy and collect a sufficient tax on the taxable property of said city to pay the interest on said bonds as the same shall become due, and also provide for the redemption of said bonds as the principal shall become due. Tax to pay bonds. SEC. 32. Be it further enacted by the authority aforesaid, That in all cases there may be an appeal from the decision of the mayor to the board of councilmen, and a majority of said board shall be sufficient to hear said appeal; but there may be certiorari to the superior court from the decision of either the mayor or board of councilmen. Appellants before appealing must pay all costs or file an affidavit that owing to his poverty he is unable to pay cost and give the usual appeal bond. Appeal and certiorari. SEC. 33. Be it further enacted by the authority aforesaid, That for any gross official misconduct or abuse of power or malpractice in office of any kind by the mayor or any councilman, written charges may be preferred against such officer by any person, and upon a vote of two-thirds of the council such offending officer shall be removed from office; provided, that in the trial of such case the accused shall neither preside nor vote. Malpractice. SEC. 34. Be it further enacted by the authority aforesaid, That said city council shall have the power and authority to impose a license upon dogs within said city in such a manner and mode as said city council shall deem best; provided, in no case shall the license imposed exceed one dollar per capita on said dogs. Tax on dogs. SEC. 35. Be it further enacted by the authority aforesaid, That the mayor, as such, when presiding at any police court or any meeting of the council, shall have power to punish for contempt by fine not to exceed fifty dollars ($50.00), or imprisonment not to exceed thirty days for each offense, and may, in his discretion,

Page 1178

impose the full penalty herein prescribed upon witnesses who shall fail to respond to subp[oelig]na duly and legally served upon them without legal excuse for such failure. Contempt. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of the city, and he shall take care that the orders, by-laws, Acts and resolutions of the council are faithfully executed. He shall make out and publish annually a full report showing the exact condition of the city and its finances, and shall require reports from the other officers of the city showing the exact status of affairs of each office. Mayor's powers and duties SEC. 37. Be it further enacted by the authority aforesaid, That all fines and forfeitures imposed by said corporation or any officer thereof shall be collected by the marshal; provided, that said city council may by its by-laws or ordinances give some other officer of said city the right and power to act in said collection. Fines and forfeitures SEC. 38. Be it further enacted by the authority aforesaid, That the city of Stillmore and the city council thereof shall have the authority to exercise all rights, duties and privileges given to the cities of this State under the general law of the State not inconsistent with the provisions of this Act; to prevent, allow or refuse to prevent or allow the erection of telephone systems, street railways of all kinds, and similar enterprises, in so far as their decision and conduct does not conflict with the laws of the State of Georgia; to have the right and authority to prevent hogs, cows, horses and stock and cattle of all kinds from running at large in said city; to impound the same as may be by them prescribed, and to punish any owner of said stock who wilfully turns out for the purpose of allowing to run at large any stock. Powers of mayor and council SEC. 39. Be it further enacted by the authority aforesaid, That said city council shall build, erect and maintain a city guardhouse or barracks for their use in the confinement of offenders, and to be used in any and all ways necessary to carry out the provisions of this Act, the ordinances and by-laws, rules and regulations made in pursuance of the same. Guardhouse. SEC. 40. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Stillmore be, and they are, hereby authorized to acquire, by purchase or otherwise, lands in said city or out of said city, in Emanuel county, for cemetery, pesthouses, public streets or other public uses. Cemeteries, etc. SEC. 41. Be it further enacted by the authority aforesaid, That the city council may in their discretion employ counsel to represent said city, in a legal way, if in their discretion the same be expedient. Council.

Page 1179

SEC. 42. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 24, 1905. SUMMIT, TOWN OF, CHARTER REPEALED. No. 623. An Act to abolish the charter of the town of Summit, in the county of Emanuel and State of Georgia, incorporated by the superior court of said county on the 23rd day of April, 1898, under the provisions of the Political Code of 1895 of the State of Georgia, found in the seventh title thereof, and being sections 683 to 761, inclusive. 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 charter incorporating the town of Summit, in the county of Emanuel and State of Georgia, granted by the superior court of said county on the 23rd day of April, 1898, in accordance with the provisions of the Political Code of 1895 of the State of Georgia, and found in the seventh title thereof, being sections 683 to 761, inclusive, be, and the same is, hereby abolished. Summit, town of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905. SUMMIT, CITY OF, INCORPORATED. No. 622. An Act to incorporate the city of Summit, in the county of Emanuel and State of Georgia; to define its limits; to provide for a mayor and councilmen, and for other officers for said city; to prescribe their qualifications, powers and duties; to provide for the registration and qualification of voters; for the

Page 1180

passage of all ordinances and penalties necessary for said city; to provide elections for and issuing of bonds for the erection, establishing and maintaining school buildings, school, electric light, waterworks and sewerage systems, and for the purchase of all lands necessary therefor; to provide a revenue and tax-assessors for said city, and define their powers and duties; to provide for the laying out and opening of streets and for the condemnation of property for said purpose; to regulate the erection of houses and designate fire limits, and abate nuisances of all kinds, and to regulate the sanitary condition of said city; to grant or refuse franchises; to provide for acting in conjunction with city authorities of the city of Graymont in establishing or maintaining schools, electric lights, waterworks or sewerage systems, or for the erection of school buildings and for the purchase of land for said purpose; and to provide for all other purposes conductive to the well-being of said city. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the city of Summit shall, from and after the passage of this Act, have and be known by the corporate name of the City of Summit; that by such corporate name it may sue and be sued; plead and be impleaded; have and use a corporate seal; make and enact, through the mayor and councilmen, ordinances, resolutions, rules and regulations for the transaction of its business and the proper government of the city, which shall be consistent with the laws of the State of Georgia and the United States. The said corporation, through its mayor and councilmen, shall have special powers in its corporate capacity to make all contracts which they may deem necessary for the welfare of the city or its citizens; to assess values of property, levy and collect taxes thereon; to remove nuisances. They shall have full control and power over the streets, lanes and alleys of the city, and to buy land and personal property; to remove obstructions therefrom, and all the powers as is generally exercised by and granted to municipal corporations, and shall, in general, have all the powers incident to corporations under the laws of this State, and, in addition thereto, all other powers which are necessary and proper to make, regulate, maintain, and proper and legal government for said city. Summit, city of, incorporated SEC. 2. Be it further enacted, That the corporate limits of said city shall extend in a circle one-half mile in all directions from the People's Bank building in said city. Corporate limits. SEC. 3. Be it further enacted, That John F. Byrd, mayor of

Page 1181

the town of Summit, shall be, and is, hereby made mayor of the city of Summit; that John T. Roberts, W. L. Durden, J. L. Overstreet, E. L. Coleman and C. B. Reese, councilmen of the town of Summit, shall be and are, hereby made councilmen of the city of Summit; and that W. P. Redding, recorder of the town of Summit, shall be, and is, hereby made clerk of the city council and treasurer of the city of Summit; all of the above named parties shall hold said offices until the first Wednesday in January, 1906, and until their successors are elected and qualified; such officers being subject to impeachment and dismissal from office, and all other pains and penalties as are here provided in this Act. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That an election shall be held in said city on the first Wednesday in January, 1906, and on the first Wednesday in January of each year thereafter, for a mayor and five councilmen, who shall hold their offices for one year, or until their successors are elected and qualified; said election shall be opened at nine o'clock, a.m., and closed at three o'clock, p.m., standard time, to be held under the superintendence of a justice of the peace and two freeholders in said city, or by three freeholders in said city, under the forms and regulations prescribed by law for election of members of the General Assembly, in so far as they are applicable to such election and do not conflict with the specific rules herein prescribed. Election of successors. SEC. 5. Be it further enacted, That said election managers shall duly declare the results of said election, and those receiving the highest number of votes shall be declared elected to their respective offices; who shall, as soon as practicable thereafter, qualify by taking an oath, before some officer authorized to administer oaths in said State, to well and truly perform the duties of their respective offices as such mayor and councilmen during their continuance therein; which oath, with the list of voters and tally-sheet, shall be entered of record on the minutes of said council and the original filed in the office of the clerk of council. Results of election, how declared. SEC. 6. Be it further enacted, That the qualifications of the voters of said election shall be such as are qualified to vote for members of the General Assembly, and in addition thereto a bona fide resident within the corporate limits of said city for six months next preceding the election, and the payment of all fines and taxes legally required of them by said corporation; and no person shall be eligible to the office of mayor or councilmen who is not a qualified voter in said city. Voters. SEC. 7. Be it further enacted, That in the event of a vacancy

Page 1182

in the office of mayor or councilman, by death, resignation or otherwise, an election shall be ordered by said council to fill said vacancy, to take place at such time as may be specified in said order, after public notice of the same by posting at the door of the council chamber, at the post-office, and at some public place in said city for the space of at least ten days before the date of said election. In case of vacancy of the office or his disqualification or absence from the city, the same may be supplied by said board of councilmen by electing from their body a mayor pro tem., who shall perform all the duties of said office until the election and qualification of his successor, as above provided. Vacancies. SEC. 8. Be it further enacted, That said mayor and council shall have authority to appoint a clerk, treasurer, policeman, marshal, or such other officers as they may deem necessary and proper; to prescribe their duties, fix their fees and salaries, to take their bond and to remove them from office or impose fines for neglect of duty for sufficient cause, at their discretion. Officers. SEC. 9. Be it further enacted That the clerk of council, treasurer, or such other person as may be designated by the city council, shall open a list or book for the registration of voters, ample notice of which shall be given by posting at three or more public places in said city for at least twenty days prior to any election; which list or book shall be closed absolutely for registration five days before the election, after which time no person shall be allowed to register. Each and every person applying to be registered shall make oath before the registrar in whose possession is the list or book of registration, who is hereby authorized to administer the same, which oath shall be written or printed in said list or book of registration as follows: I do swear that I am twenty-one years of age (or will be by the time of the election now next to be held in the city of Summit), by the next municipal election in the city of Summit I will have resided in the State of Georgia twelve months, in the county of Emanuel six months. I have paid all taxes, State, county and municipal, required of me, except for the present year, and I am not otherwise disqualified to vote in said election. Registration of voters. SEC. 10. Be it further enacted, That the registrar shall furnish the list or book of registration to the managers of the election, together with an alphabetical list of the names of the registered voters at the opening of the polls, and the managers shall be the judges of the qualification of all registered voters. Registration list. SEC. 11. Be it further enacted, That the mayor and council

Page 1183

shall have full power and authority to assess, levy and collect such taxes, not exceeding one per cent. on the assessed value, ad valorem, of all property of every species, both real and personal, within the limits of said city, except church, school and fraternal organizations' property, at its market value on the first day of March in each year; and also to levy and collect such special tax on trades, business, ocupations, theatrical exhibitions or other performances exercised or carried on within the corporate limits of said city, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers, and all other trades, games or occupations, subject to special tax, under the State law, as they may deem proper. They shall also have power to tax, license and regulate ten-pin alleys, billiard and pool tables, or to prohibit or remove the same for sufficient cause, as they may deem proper and necessary; they shall have power to license, regulate or prohibit the sale of spirituous liquors or other intoxicating drinks within the limits of said city; provided, that the tax for the sale of spirituous liquors or other intoxicating drinks in said city shall not be less than five thousand dollars. Taxation. SEC. 12. Be it further enacted, The mayor and council shall have full power and authority to open, change or abolish streets in said city, as the public interest may require, and shall keep in good order the streets and sidewalks of said city, and may require and compel all persons residing in said city, who may be subject to road duty, to work on the streets and walks of said city not to exceed fifteen days in each year; but may receive therefor a commutation tax from such person, not to exceed four dollars per year, nor less than two dollars per year, as in their judgment the exigencies may require; and the mayor of said city shall have the same power and authority to punish defaulters as road commissioners of this State may have or may hereafter have; provided, no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform street duty, after being returned as such defaulter, without the consent of the mayor. Street tax. SEC. 13. Be it further enacted, That said city council shall have, and are hereby given, general and exclusive jurisdiction over the streets, alleys, byways, sidewalks and public squares of said city, and may provide against obstructions and nuisances thereon. They may lay off, vacate, close, open, alter, curb, pave and keep in good order roads, streets, alleys, sidewalks, drains and gutters for the use of the public, or any of the citizens thereof, and shall have power to improve and light the same and keep

Page 1184

them free from obstructions of all nature, and may prevent the placing thereof any grass, stones, sticks, rubbish or anything calculated to cause inconvenience to the inhabitants of said city, or to make said streets, sidewalks or public squares unclean and unsightly; they may regulate the running of cars, or street cars, or the driving of horses, or other conveniences for travel in said city, and shall have power to make such rules and regulations as they may deem proper regulating the keeping of fireworks, gunpowder, dynamite, gasoline, or other explosives or combustibles, or inflammable oils or chemicals in said city; they shall have power to prevent the running at large of hogs, cattle and other animals of all kinds in said city, and may impound the same if found running at large upon said streets; they shall have power to erect, maintain or regulate markets in said city, prescribe the time of opening and closing the same, and to designate the territory in which they shall be run; to provide for the inspection of all meats offered for sale or animals killed for sale therein; to regualte butcher-pens and other places where butchering is done in said city, or to prevent the same from being done in the limits of said city; they shall have power to provide for, in or near said city, places for burials of the dead and to regulate interment therein, and to prevent burials at any other place or places in said city, and to provide pest-houses out of the limits of said city, if in their discretion, and shall have power to purchase lands for the same; to erect, authorize or prohibit the erection of gasworks, waterworks and electric light systems, blacksmith shops, ginneries and lumber yards in said city, and to regulate the erection of the same; to grant or refuse all franchises; to provide a revenue and pay the expenses of said city, and provide tax-assessors for said city and their duties; and to adopt such rules and regulations of its own body as they may deem proper, and generally to have and enjoy all powers and perform all duties enumerated in section 696 of the Political Code of Georgia of 1895, which are not in conflict with this Act; the mayor and council shall have power and authority to enact and enforce all ordinances, by-laws, rules, necessary to the good government of said city and securing and promoting the health of the inhabitants thereof, and protect the peace and good order of said city. Streets, etc SEC. 14. Be it further enacted, That the mayor shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him; the punishment

Page 1185

inflicted not to exceed a fine of one hundred dollars or imprisonment in the guard-house or labor on the streets of said city, not to exceed ninety days, together with the cost of trial, which judgment may be made in the alternative, in the discretion of the mayor. It shall be the duty of the mayor to act as the presiding officer of the council when in session, and look after the promotion and good order and enforcement of ordinances, by-laws, rules and regulations of said city; and he shall receive as a compensation for his services such compensation as may be agreed upon by the council. They shall keep a record of all ordinances, by-laws and regulations and a minute of the council proceedings, and such other books and records as may be necessary; all of which shall be open to inspection by the public of said city. Police court. SEC. 15. Be it further enacted, That the mayor and councilmen are hereby vested with the power to establish fire limits in said city, and to prohibit the erection of any wooden building or structure, or such kind of buildings or structures as will, in the opinion of said mayor and council, increase the fire risk, or such part of the city of Summit as they may designate as the fire limits, and may change and enlarge said fire limits when deemed necessary; and may exercise and use such supervision and control over the construction of the houses and materials used therein, of stovepipes, chimneys and 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 building or structure. The said mayor and council shall have supervision and control of all warehouses, cotton compresses, cotton gins, lumber yards and other places in said city where materials of an inflammable nature are stored or kept or may be placed. The said mayor and council shall have power and authority to remove any forge, blacksmith shop, or other structure within the city whenever, in their opinion, it shall be necessary for protection against fire; and shall have power to cause any stovepipe, or any other thing or matter that will endanger the city as to fire, to be removed or remedied, as their prudence shall dictate; and they may summarily declare such to be dangerous, without notice to any one, and remove the same instanter; and whenever it shall appear to them that any decayed, unsound or unsafe house, building or structure of any sort is dangerous, or is dangerous to the public health of said city, or

Page 1186

of any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it, by resolution or ordinance, and cause it to be torn down by the marshal or police; and whenever, in their opinion, property, clothing or whatever else, to prevent the introduction or spread of infectious or contagious disease, they may direct the marshal or other officer, who shall obey such order or resolution and shall not be liable to answer therefor in any court having jurisdiction, except for gross neglect and extreme want of care, coupled with malice, and without probable cause to expect such actions were for the public good, and every presumption shall be in favor of such act having been lawfully done; provided, that whenever any property shall have been destroyed under the provisions of this section, the city of Summit, 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, speculative damages, in connection therewith. Fire limits Public health. SEC. 16. Be it further enacted, That said mayor and council shall have full power and authority to establish such a system of quarantine, and to make such sanitary regulations within the limits of said city as, in their judgment, may be necessary to prevent the introduction or spread of contagious or infectious disease within said city; and in order to more fully exercise this authority and use this power, said mayor and council are given quarantine jurisdiction within the limits of said city and adjacent thereto. Quarantine. SEC. 17. Be it further enacted, That said mayor and council shall have the right to appoint a board of tax-assessors, consisting of not more than three members, who shall have such rights and duties as the mayor and council may prescribe; to provide ways and means for enforcing the collection of taxes, and to provide for the issuance and enforcement of tax executions. Tax assessors. SEC. 18. Be it further enacted, That the mayor and council of the city of Summit are hereby authorized for the purpose of establishing and maintaining school, electric light, waterworks, and the erection and maintaining school buildings, to purchase and hold real estate, to issue the bonds of said city, under its corporate name, to an amount not to exceed thirty thousand dollars in the aggregate, that said bonds shall be of denominations not less than one hundred dollars, as the mayor and council may determine; that said city council may order an election to be held in said city for either or all of the above named purposes, or maintaining the same. Notice of said election shall be given in the

Page 1187

same manner as is provided for elections for mayor and councilmen. It shall be the duty of the said electors of said election to endorse on their ballot For bonds or Against bonds, and if two-thirds of the qualified voters voting in said election shall be found to have voted for bonds the city council shall, and they are hereby authorized and empowered, to issue bonds of said city. Said bonds shall bear interest not to exceed six per cent. per annum, which interest shall be paid annually. Said bonds shall be signed by the mayor of said city, and shall be countersigned by the mayor and council, and shall be negotiated in such a way and manner as said city council shall determine to be the best interest of said city of Summit. Municipal bonds. SEC. 19. Be it further enacted, That the funds arising from the sale of said bonds shall be placed on deposit in a bank selected by said city council, to be used as a board or committee appointed by the mayor and ratified by the council for buying suitable lands or buildings, or buying lands and erecting buildings and properly equiping the same, or for buying or erecting any of the improvements mentioned in the preceding section of this Act, or for maintaining the same, as they shall deem best for said city. Proceeds of bonds. SEC. 20. Be it further enacted, That said city council shall annually levy and collect a sufficient tax on the taxable property of said city to pay the interest on said bonds as the same shall become due, and also to provide for the redemption of said bonds as the principal shall become due. Tax to pay bonds. SEC. 21. Be it further enacted, That the authorities of the city of Summit are hereby authorized to act in conjunction with the authorities of the city of Graymont in purchasing, erecting or maintaining any public improvement, such as school buildings, school systems, electric lights, gaslight, waterworks, sewerage, authorized by the charter of both of said cities, and which are to be used jointly for the benefit of both. Graymont corporation with. SEC. 22. Be it further enacted, That said city shall have, and is hereby given, all powers, and is authorized to exercise all the privileges embodied in the general law of the State of Georgia relating to towns, villages and cities embraced in title seven of the Political Code of 1895, and not in conflict with this Act. General welfare. 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 August 24, 1905.

Page 1188

SYLVESTER, CHARTER AMENDED. No. 149. An Act to amend an Act incorporating the city of Sylvester, in this State, approved August 13, 1904, 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 19 of the Act approved August 13, 1904, incorporating the city of Sylvester be, and the same is, hereby amended by striking from said section and repealing so much of said section as reads as follows: The mayor and council are hereby empowered to condemn private property for public use whenever, in their judgment, the same shall be of public utility and necessary for the said city, and in that event the owners of such property shall be compensated the value of the property condemned and the amount to be paid the owner shall be determined as follows: The clerk of the council shall issue a notice to the owners, notifying them of the property sought to be condemned, which notice may be served upon the owner, or the tenant in possession, and the owner shall within ten days after the service of the said notice file with the clerk of council a statement of the amount of damages claimed by him, and, at the same time naming an arbitrator to serve in the event his charge is not agreed to and paid; and it shall be the duty of the mayor and council to meet promptly and consider his claim for damages, and to notify him of their rejection or acceptance of the same, and in the event they do not accept and pay the same, to notify the owner of the property sought to be condemned, and at the same time nominate an arbitrator. It shall be the duty of the two arbitrators to meet within five days after they have been notified of their appointment and to consider and determine the amount of damages that will be done the property owner by condemning his property as proposed and to make up their award in writing and file it with the clerk of the council, and their decision shall be final. In the event the two thus appointed can not agree, they may select a third man, and in the event they can not agree upon a third man, then the judge of the superior court of Worth county shall appoint the third man upon application being made to him by the mayor of said city, and the three shall proceed to make up and file their

Page 1189

award. After the amount of damages has been fixed, in the manner above provided, it shall be the duty of the authorities of the said city to tender that amount to the owner before beginning to use the property sought to be condemned; upon tender being made, whether the same be accepted or not, the authorities of said city may proceed to use and appropriate the property sought to be condemned, and it shall not be legal for the owner or owners or any other person to interfere with them in any way, and inserting and enacting in lieu thereof the following: The mayor and council are hereby empowered to exercise the power of eminent domain in and for said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for the widening, straightening or grading, or in any way changing the street lines, sidewalks and alleys of said city, and when the said mayor and council of said city shall desire to exercise the power and authority granted in this section it may be done, whether the land sought to be condemned is in the hands of the owners, or trustee, executor, administrator, guardian or agent, in the manner now provided or which may hereafter be provided, by the laws of this State for condemning private property or acquiring the right of use in the same for public purposes. Said condemnation proceedings shall conform to the Act of 1894, page 95, embodied in section 4657 et seq. of the Code of 1895. Sylvester; power of condemnation. SEC. 2. Be it further enacted by the authority aforesaid, That all of section 20 of said Act incorporating said city be, and the same is, hereby stricken and repealed, and that said Act of incorporation be amended so that said section 20 of said Act shall be and read as follows: Be it further enacted by the authority aforesaid, That the mayor and council of said city may, and they are hereby empowered to establish a system of waterworks, sewerage and electric lights for the said city, as they may deem proper and necessary, from time to time, and to levy a tax to operate and maintain the same. And said mayor and council are authorized to submit to the qualified voters of said city, under the provisions of the Code of 1895, sections 377 to 381, both inclusive, the question of issuing bonds in a sum not to exceed the sum of $20,000.00 for any one purpose, and for the purpose of establishing, building, maintaining and operating a system of electric lights, or a system of waterworks, or a system of electric lights and waterworks, one or both, in and for said city; and at said election the ballots shall be writen or printed For electric lights and bonds, or Against electric lights and bonds, or For waterworks and

Page 1190

bonds, or Against waterworks and bonds, or For electric lights and waterworks and bonds, or Against electric lights and waterworks and bonds, as the case may be, according to the question submitted, as bonds for electric lights, or waterworks or both, the said city of Sylvester having the right, it is hereby declared and enacted, to call an election or elections to vote on the question of establishing, building, maintaining and operating plants for either lights or water or for both, as may be deemed most advisable by the mayor and council of said city. Should said election or elections herein provided for result in favor of electric lights or waterworks or both, as the case may be, the mayor and council of said city of Sylvester shall be, and they are, hereby authorized to issue said bonds for said purpose or purposes; each of said bonds to be in such sum as the mayor and council may designate, said bonds to be payable in thirty years, but the interest to be paid annually or semi-annually, as may be determined. Said bonds shall be signed by the mayor and council of said city of Sylvester, and shall be sold, hypothecated, or disposed of to the very best advantage of said city of Sylvester, as may be determined by said mayor and council, and the proceeds thereof shall be used exclusively for the purpose of building, establishing, maintaining and operating either a system of electric lights or waterworks, or both, as the case may be, for said city. The said mayor and council shall have full power and authority to make all rules, regulations and ordinances relative to said electric lights and waterworks, and the use of the same, that may be deemed right and proper, not in conflict with the laws of this State, and are authorized and empowered to charge the citizens of said city such sum as they, the said mayor and council, may deem just and proper for the use of said lights or water. And the said mayor and council of said city are hereby authorized to annually assess, levy and collect a tax on all the property, both real and personal, within the corporate limits of the said city in such sum only as they may deem necessary and proper for the specific purpose of paying the interest on said bonds and for accumulating a fund for the payment of the principal on said bonds on their maturity; the said taxes so assessed, levied and collected to be kept separate and distinct from all other taxes, and shall be used solely for the payment of the interest and principal on said bonds, as aforesaid. Be it further enacted, That if the election herein provided for electric lights and waterworks, or both, should be against the issuing of bonds for either or both, then and in that event, the mayor and council of said city may at their own

Page 1191

instance, and shall on the application of any five freeholders of said city, at any time thereafter order another election under the provisions of this Act; provided, only, that said election shall not be held oftener than once in every twelve months. Water and lights. SEC. 3. Be it further enacted by the authority aforesaid, That the said mayor and council of the said city of Sylvester shall have the power and authority in the event any election shall result against the issuing of bonds for the erection of electric lights, or waterworks, or both, to immediately, or at such time as they may determine, order another election to be held in said city, or may without holding any bond election order an election in which the qualified voters shall determine whether the mayor and council, acting for and in behalf of said city, shall be granted power to contract with any individual, firm or corporation for the electric lighting of said city or for the furnishing of a water supply, either or both, as they may desire, for a period not longer than twenty years, with the privilege of renewal thereof at the expiration of said contract for an additional period of not longer than twenty years. Before said election shall be held, notice thereof signed by the mayor, shall be given for a period of not less than thirty days, publication thereof being had in some newspaper in said city, once a week for not less than four insertions. Said notice shall plainly indicate the maximum number of electric lights to be contracted for with the power thereof and the maximum rate the city will be willing to pay for the same and shall also specify periods of payment. In said election all voters favoring the conferring the power and authority on said mayor and council to contract for electric lights for said city shall have written or printed on their ballots the words, For electric lights, and all voters opposed to the granting of such power to contract shall have written or printed on their ballots, Against electric lights. Should the said mayor and council order an election on the question of contracting for a water supply, voters favoring the conferring of said power to contract shall have written or printed on their ballots, For waterworks, and those opposed to such contract shall have written or printed on their ballots Against waterworks, and said election shall be held at the place and in the manner of the annual election in said city for mayor and councilmen, and the managers for said election shall certify the result of the same to the mayor and council, and the same shall be duly entered on the minutes kept by the mayor and council. If two-thirds of the qualified voters of said city shall vote For electric lights or For waterworks, as the case may be, in any election ordered and held

Page 1192

under the authority herein conferred then the mayor and council of the city of Sylvester shall have full power to make a contract with any person, firm or corporation to furnish electric lights or a water supply to said city for the term not to exceed twenty years; to provide for the proper execution of said contract, to pass all needful rules and regulations as to the use of streets, lanes and alleys, parks and squares in the use of said franchise and for the construction of the proper sewerage, to fix the maximum rate to consumers, and do any and all acts which conduce to the carrying out the same in accordance with the purpose of the power and authority herein conferred. Franchises SEC. 4. Be it further enacted by the authority aforesaid, That all alleys, streets, sidewalks, pavements, street crossings and lanes in said city shall be under the control and direction of the said mayor and council, and they have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks, alleys and pavements shall be constructed, paved and improved, and adopt at any time an ordinance requiring the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets, sidewalks or alleys of said city and require abutting property owners, after reasonable notice, to comply with such ordinance at such property owner's expense, and said mayor and council shall have power and authority to require any street railway company or other railway company having tracks running across, along or through the streets, sidewalks or alleys of said city to pave, drain or macadamize or otherwise improve the same as said mayor and council may direct, and in case such railway company, after reasonable notice, fails or refuses to so pave, drain or otherwise improve as directed, then the mayor and council shall have the power and authority to have such paving, draining, macadamizing and improving done, and shall have the power to proceed for the collection of the cost of the same by execution, levy and sale, as is provided for the collection of taxes. Said mayor and council shall have the power to grade, pave or macadamize or otherwise improve any portion of any street, sidewalk or alley in said city, and to assess the cost of such paving, grading, macadamizing or otherwise improving on the real estate abutting on the side of the sidewalk so paved, graded, macadamized or improved, and if the paving, grading, macadamizing or other improving be done on a street or an alley, then the cost of such paving, grading, macadamizing or improving shall be assessed against the real estate abutting on each side of such street or alley, and the amount assessed

Page 1193

against such abutting property or its owner shall be determined by said mayor and council according to the lineal foot frontage of each particular piece of property abutting on such particular street, sidewalk or alley improved, and said mayor and council shall have power and authority to enforce the collection of said assessment or assessments out of said property or any other property which the owner may have, by execution, levy and sale in the same manner as the collection of taxes are enforced for said city. Be it provided, however, that any ordinance proposed in pursuance of this section shall contain a reasonably accurate description of the street, alley or sidewalk to be paved, macadamized, graded or otherwise improved and material to be used, and if said city elects to make such improvements, do such paving, macadamizing, or grading, then the notice shall contain in addition to the above information the price of the completed work per lineal foot, and notice of the introduction of said ordinance, which notice shall embody said ordinance in full, and give the time and place when said ordinance shall be passed upon, shall be published once in a newspaper published in said city at least ten days before said ordinance shall be passed or adopted and become operative, and said notice shall be deemed sufficient; at the time so designated for the adoption of said ordinance any person or corporation owning property affected by said ordinance shall have the right to be heard before the mayor and council, and whether said ordinance shall be passed shall at all event rest in the discretion of said mayor and council, and may be passed and adopted at the next meeting after such notice is given or any subsequent meeting thereafter. Streets, etc SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Sylvester shall have the power to cause any nuisance likely to endanger the health of the city, or any neighborhood, to be abated in a summary manner, and where the nuisance is caused by the act or negligence of any individual, the expense of such abatement shall be charged against the party causing such nuisance, or the owner of the premises, as the mayor and council may elect, and the said mayor and council may enforce the collection of the same by execution, levy and sale, as is in like manner provided for the collection of taxes. The said mayor and council shall also have power and authority to cause the owner or owners of lots within the city to drain the same, or to fill the same to the level of the streets or alleys on which said lot or lots are fronting. They shall also have power to compel the owner or owners of cellars holding water, and any and all wells or low places endangering the health of said city to

Page 1194

be drained or emptied of said water, or filled up if necessary, and in case the owner or owners of such lots shall fail or refuse, after reasonable notice to him or his agent, to comply to the requirements of the mayor and council by filling up the lots or cellars or wells or low places, or draining the same, it shall be lawful for the mayor and council through its agents or employees to do the same, and for the amount so expended, an execution shall issue and proceed as do execution for taxes, against the owner of said property, which may proceed against any property belonging to him, and a sale under said execution shall pass the title to said property sold as completely as a sale by the sheriff under a judgment and execution. Nuisances. Drainage. SEC. 6. Be it enacted by the authority aforesaid, That the mayor and council of said city of Sylvester shall have the right and power to acquire any property rights, within or without the city limits, necessary to operate electric lights, or necessary to afford an adequate supply of pure water for said city, and for distributing it in said city, and said mayor and council may purchase such private rights and property, and if the same can not be purchased, then they are authorized to have the same condemned as provided by law in such cases. Light and water. SEC. 7. Be it further enacted by the authority aforesaid, That the said mayor and council shall have power to make rules and regulations respecting the introduction of water in and upon all the premises in said city, and from time to time regulate the use thereof in such manner as to them may seem proper, and the marshal, chief of police, inspector, or other person charged with the duty, shall have the right, and is hereby authorized and empowered to enter at all reasonable hours any dwelling or other place to inspect and examine, and where unnecessary waste is found or other improper use of said water he shall be required to report the same to said mayor and council. Such inspector, or other employee as above specified, shall have power also to examine all service pipes, stop-cocks and other apparatus connected with said water system, for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the manner said mayor and council may require; and if any person or persons refuse to pemit such exmination, or oppose or obstruct such officer in the performance if his duty, he, she or they so offending shall be punished as may be prescribed by said mayor and council. Distribution of water. SEC. 8. Be it further enacted by the authority aforesaid, That the said mayor and council shall have power to regulate the distribution and use of water in all places, and for all purposes,

Page 1195

where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and may erect such number of public hydrants and in such places as they see fit, and direct in what manner and for what purpose they shall be used. They shall have power and authority to require the payment in advance for the use and rent of water furnished by them in or upon any building, place or premises and in case prompt payment shall not be made, they may shut off the water from such place, building or premises, and shall not be compelled again to supply such place, building or premises with water until such arrears, with interest, have been fully paid. Water rents. SEC. 9. Be it further enacted by the authority aforesaid, That if any person or persons shall maliciously or wrongfully divert the water or any portion thereof, from said waterworks, or shall corrupt or render the same impure, or shall destroy or injure any canal, aqueduct, public conduit, machinery or other property used or required for procuring or distributing said water, such person or persons, their aiders and abettors, shall forfeit to said city of Sylvester, to be recovered in action for damages, treble the amount of damage (besides cost of suit) which shall appear on trial to have been sustained, and all such acts are hereby declared to be misdemeanors and the offenders may be prosecuted and punished for misdemeanor in any court of the State having jurisdiction of the offense. Diversion or pollution of water. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to establish, construct and maintain one or more systems of sewerage or drainage, or any number of sewers or drains in and about said city, for the health, comfort, cleanliness or convenience of its inhabitants or property owners, and the mayor and council shall have exclusive control and jurisdiction over all pipes, private drains and private sewers and the like running into or connecting with said system or systems of sewerage or drainage, with full power to prescribe the location, construction, uses and preservation of said private drains, pipes and sewers. Sewerage. SEC. 11. Be it further enacted by the authority aforesaid, That the power to construct sewers and drains, as herein contained, shall be provided for by ordinance; after the first reading of an ordinance for the construction of a sewer or drain, a notice of the introduction of the same shall be published at least one time in some newspaper published in said city, at least ten days before the adoption of said ordinance, and said notice shall contain a statement of the line along which the proposed sewer is to be

Page 1196

laid, and a statement of the general character, material and size of such sewer or drain; and such notice by publication shall be deemed sufficient. In all cases where a sewer or drain shall be laid by or under the authority of said city in any street a sum equal to the cost of the sewerage per lineal foot, but in no event to exceed one dollar per lineal foot shall be assessed per lineal foot upon the property and estates respectively abutting on said sewer or drain, or on the side of the street, sidewalk or alley in which said sewer or drain is laid or constructed, and the owners of said estates shall have the right to connect their private drains from said abutting property for the discharge of sewerage into said sewer or drain, subject to such rules and regulations and restrictions as such mayor and council may provide; and in case any such sewer or drain is to be laid or constructed over any private property a sum equal to the cost of said sewer or drain, but in no event to exceed one dollar per lineal foot, shall be assessed upon such property abutting upon such sewer or drain, and the owners of such estates respectively, through or over which said sewers or drains may be constructed shall likewise have the right to connect their private drains from said abutting property for the discharge of sewerage in said sewer or drain, under such regulations and restrictions as said mayor and council may adopt. The extent and character, material used and expense of sewers or drains constructed, as well as the time and manner of constructing the same, shall be in the discretion of the mayor and council of said city and be prescribed from time to time by ordinances. Drainage and Sewerage. SEC. 12. Be it enacted by the authority aforesaid, That in case any sewer or sewers, drain or drains, or parts of the same, shall be in or upon or through private property, and the owner of said property refuses to grant a right of way for that purpose, and such owner and the party constructing such sewer or drain, or said owner and the city, in case the city constructs said sewer or drain, can not agree upon the damages to be for such easement, then assessors shall be selected to assess the damages to said property by reason of, or on account of, the construction or maintenance of any such sewer or drain through or upon the same; said assessors to be appointed, notice given, and their awards made as is provided in sections 4657 to 4686, both inclusive, of the Code of 1895, and Acts amendatory thereof. Upon payment or tender of the amount of the award the work may proceed not-withstanding the entry of an appeal. Condemnation.

Page 1197

SEC. 13. 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 22, 1905. TALLAPOOSA, CHARTER AMENDED. No. 608. An Act to amend the charter of the city of Tallapoosa, Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia in general assembly met, That the Act establishing a new charter of the city of Tallapoosa, approved on the 23d day of December, 1896, be, and the same is, hereby amended in the respect hereinafter stated. SEC. 2. Be it further enacted, That section 5 of said Act, approved December 23, 1896, be amended by adding to said section the following: Except that part of land lot number 103, lying east of Finkell street, south of Martin street and Waco road, and north of the right of way of the Southern Railway Company, in the city of Tallapoosa, Ga., so that said section when amended shall read as follows: Section 3. Be it further enacted, That the corporate limits of the city of Tallapoosa shall include land lots numbers 176, 177, 178, 150, 151, 152, 153, 154, 127, 128, 129, 130, 131, 102, 103, 104 and 105, in the eighth district and fifth section of Haralson county except that part of land lot number 103, lying east of Finkell street, south of Martin street and Waco road, and north of the right of way of the Southern Railway Company, in the city of Tallapoosa, Ga. Tallapoosa; corporate limits. 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 22, 1905.

Page 1198

TRENTON, SALE OF LIQUORS. No. 575. An Act to amend an Act entitled an Act incorporating the town of Trenton, in the county of Dade, approved August 23, 1872, so as to prohibit the president and commissioners of the town of Trenton from granting license for the sale of intoxicating liquors in the town of Trenton. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section two (2) of the above recited Act be, and the same is, hereby repealed and the following section shall be inserted in lieu thereof: Section 2. And be it further enacted, That the president and commissioner of the town of Trenton shall forever be prohibited from granting license for sale of intoxicating liquors in said town of Trenton. Trenton; sale of liquors. 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 22, 1905. TYBEE, STREETS AND AVENUES TO BE CONVEYED TO UNITED STATES. No. 585. An Act to authorize and empower the mayor and councilmen of the town of Tybee to close Main street, First, Second and Third avenues, north of the right of way of the Central of Georgia Railway Company and Tilton avenue, and the lanes immediately east of said avenues, and to convey to the United States of America said streets, avenues and lanes so closed. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and councilmen of the town of Tybee be, and the same are, hereby authorized and empowered to close Main street, First, Second and Third avenues, north of the right of way of the Central of Georgia Railway Company and Tilton avenue,

Page 1199

and the lanes immediately east of said avenues, and to convey the soil thereof to the United States of America and their assigns. Tybee; streets and avenues conveyed to United States. 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 23, 1905. TYBEE, SALE OF THE STRAND. No. 584. An Act to authorize and empower the mayor and councilmen of the town of Tybee to grant, sell and convey by ordinance all that portion of the street or way known as the Strand, in the town of Tybee, lying east of and between those certain lots of land known upon the map of said town as lots 94, 95 and 96, situated at the corner of Main and Sixteenth streets, in said town, and the mean high water line of the Atlantic ocean on Tybee beach, upon such terms as may be agreed upon between the said mayor and councilmen and the purchaser or purchasers thereof, and the proceeds of such sale or sales to be applied to the corporate uses and purposes of said town, and for other purposes connected therewith. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, The mayor and councilmen of the town of Tybee be, and the same are, hereby authorized and empowered to grant, sell and convey, by ordinance duly passed, the soil of all that portion of the street or way known as the Strand, in the town of Tybee, lying east of and between those certain lots of land known upon the map of said town as lots 94, 95 and 96, situated at the corner of Main and Sixteenth streets, in said town, and the mean high water line of the Atlantic ocean on Tybee beach, upon such terms as may be agreed upon between the said mayor and councilmen and the purchaser or purchasers thereof. The proceeds of such sale or sales shall be applied to the corporate uses and purposes of said town. Tybee; sale of the Strand. 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 22, 1905.

Page 1200

VIENNA, CHARTER AMENDED. No. 146. An Act to amend an Act incorporating the city of Vienna, approved December 10, 1901. 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 42 of the Act approved December 10, 1901, incorporating the city of Vienna, in the county of Dooly, be, and hereby is, amended by striking therefrom the words, ten thousand dollars, inserting in lieu thereof the words, thirty-five thousand dollars; also by striking out the figures $100,00, in the same line, inserting in lieu thereof the words and figures following: not less than $100.00, and not more than $1,000.00, so that said section, as amended, shall read as follows: Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the mayor and aldermen of the city of Vienna be, and they are, hereby authorized and empowered to issue bonds of said city in such sums and at such time as they may see proper, not to exceed in the aggregate sum of thirty-five thousand dollars, of the denomination of not less than $100.00 and not more than $1,000.00 each, to become due and payable at such time or times not to exceed thirty years from the date of the issuance thereof, as said mayor and city council shall determine, and bear interest not to exceed six per cent. per annum, said bonds to be issued, sold and hypothecated for the purpose of purchasing, building, completing and equipping public school buildings, and improving the system of waterworks in aforesaid city. Vienna; municipal bonds. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 1201

WADLEY, CHARTER AMENDED. No. 121. An Act to consolidate, amend and supersede the several Acts incorporating the town of Wadley, in the county of Jefferson, and the Acts amendatory thereof; to fix the corporate limits, to provide for mayor and councilmen, and to define their powers and duties; to confer additional powers upon the mayor and council of said town; to provide for the establishment and maintenance of a system of waterworks, sewerage and electric lights for said town; to repeal conflicting laws, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That the town of Wadley, in the county of Jefferson, be, and the same is, hereby reincorporated under the name and style of the Town of Wadley, Georgia, and the several Acts incorporating said town, as well as the Acts amendatory thereof, be so amended, suspended and changed as that the charter of the said town of Wadley, Georgia, shall be as follows: Wadley town of re-incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of the town of Wadley, Georgia, shall consist of a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the Town of Wadley, Georgia, and by that name and style shall have perpetual succession and existence, with full power to make such ordinances, by-laws and resolutions for municipal purposes as may be deemed proper not in conflict with this charter nor the Constitution and the laws of this State or the United States, and with full power, in and by said corporate name, to sue and to be sued, to contract and to be contracted with, to plead and be impleaded in all the courts of this State, and in its corporate capacity shall have power to purchase and receive, enjoy, possess and hold for the use and benefit of the town of Wadley, Georgia, any property, real or personal, of any kind whatever, for corporate purposes and uses. Mayor and councilmen, corporate powers. SEC. 3. Be it further enacted by the authority aforesaid, That all ordinances, resolutions, penal statutes, rules and regulations hereinbefore adopted by the authorities of the said town of Wadley, Georgia, and which are now of force, shall be and remain of force and in operation until the same are repealed, amended

Page 1202

and codified by the said mayor and councilmen; provided, the same are not in conflict with the provisions of this Act. Existing ordinance SEC. 4. Be it further enacted by the authority aforesaid, That an election shall be held at the town hall in the said town of Wadley on the first Saturday in January, 1906, and annually thereafter on the same date a mayor and five councilmen for said town of Wadley shall be elected. Said mayor and councilmen shall be elected to serve for one year, and until their successors are elected and qualified. The term of office of said mayor and councilmen shall begin on Friday immediately following their election on the first Saturday in January, 1906, and annually thereafter on the same date. Elections of mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That all said elections shall be superintended and managed by a justice of the peace, or by a notary public and ex officio justice of the peace, and two freeholders, all residents of said town, and before entering upon their duties as managers of said elections they shall take and subscribe the following oath: All and each of us do solemnly swear that we will faithfully, honestly and impartially conduct this day's election; that we will make a just and true return thereof; that we will not knowingly permit any one to vote in this day's election who is not qualified to do so according to the laws of this town, nor prohibit any one from voting who is by law entitled to vote. Said oath shall be signed by each manager in the capacity in which he acts, and said oath shall be administered by some officer of Jefferson county who is qualified by law to administer oaths, or if such officer is not to be had, said managers may swear each other. Oath of managers. SEC. 6. Be it further enacted by the authority aforesaid, That the polls shall be open in said election from 8 o'clock, a.m., to 5 o'clock, p.m., sun time, and when they shall have closed the said managers shall count the ballot and certify the results. They shall keep two lists of voters and two tally-sheets, all of which shall be under certificate, and one of which shall be sealed, together with the ballots, and delivered to the clerk of the superior court of Jefferson county. The remaining list of voters and tally-sheets, together with a certificate of the result of the election, duly certified, shall be delivered unsealed to the clerk of the town council, which body shall declare the result of said election. If no contest is filed all ballots shall be burned without inspection after the expiration of sixty days. Elections, how held. SEC. 7. Be it further enacted by the authority aforesaid, That all persons shall be eligible to vote in said town elections who shall

Page 1203

have paid all taxes demanded by the town authorities except taxes for the year in which the election is held, who shall have been bona fide residents of said town for six months previous to the day on which said election is held, and who shall have registered as qualified voters of the town as hereinafter provided, and none other shall be eligible. Voters. SEC. 8. Be it further enacted by the authority aforesaid, That the clerk of the town council shall open a book for the registration of voters fifteen days before the day of the election, which book shall be absolutely closed five days before the election. Notice of the day of opening of said book of registration shall be given by posting notice thereof at the town hall door, and by advertisement in the local paper or papers. Each and every person applying to be registered shall make oath before the clerk of the town council, who is hereby authorized to administer the same, which said oath shall be written or printed on said registration book as follows: I do solemnly swear that I am 21 years of age, or will be by the day of the next municipal election to be held in and for the said town of Wadley, Georgia; I will have resided in said town of Wadley six months on the day of the next municipal election to be held in and for said town, and in the State of Georgia twelve months; I have paid all the taxes required of me, State, county and municipal, except for the year in which said municipal election shall be held in and for the town of Wadley, Georgia, and I am not otherwise disqualified to vote in said municipal election. Registration of voters. SEC. 9. Be it further enacted by the authority aforesaid, That the clerk of the town council shall furnish said registration book to the election managers, together with an alphabetical list of the names of all the registered voters, at the opening of the polls, and the managers of said election shall be the judges, under this Act, of the qualification of all registered voters. Registration books SEC. 10. Be it further enacted by the authority aforesaid, That if any person shall register on said registration books who is not qualified, or if any person shall vote in any municipal election held in said town, who is not entitled under the law so to vote, he shall be guilty of a misdemeanor, and shall be punished, upon conviction, as prescribed in section 1039 of the Criminal Code of 1895. Illegal registration. SEC. 11. Be it further enacted by the authority aforesaid, That at the election to be held in said town, on the first Saturday in January, 1906, no registration shall be necessary as a condition precedent to voting in said election, but all other qualifications above described shall be necessary as a condition to voting in said

Page 1204

election. In all further elections after said election said registration shall be necessary. First election under this Act. SEC. 12. Be it enacted by the authority aforesaid, That on Friday immediately following each annual election on the first Saturday in January, the said mayor and councilmen-elect shall be installed in office by taking and subscribing the following oath, which shall be administered by some judicial officer of this State: I do solemnly swear that I will faithfully discharge the duties as mayor (or councilmen, as the case may be,) of the town of Wadley, Georgia; that I will faithfully execute and enforce the laws of the said town to the best of my ability, skill and knowledge, and that I will do all in my power to promote the general welfare of the inhabitants of said town, and the common welfare thereof; so help me, God. Oath of mayor and councilmen. SEC. 13. Be it further enacted by the authority aforesaid, That whenever a vacancy shall occur in the office of mayor or of any one of the councilmen either by death, resignation, removal without the incorporate limits, or by conviction of a crime involving moral turpitude, the town council, or a majority of them, shall order an election to fill such vacancy, and the person or persons so elected shall hold their office until the next regular election. Vacancies. SEC. 14. Be it further enacted by the authority aforesaid, That the chief executive officer of said town of Wadley shall be the mayor, who shall be a citizen of the United States, a resident of the town of Wadley, Georgia, and a qualified elector and shall hold his office for one year and until his successor is elected and qualified. All the councilmen of said town shall be citizens of the United States and qualified electors of said town and residents of the same, and shall hold their offices for one year and until their successors are elected and qualified. Qualifications of mayor and councilmen. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall serve without remuneration, except that they shall not be required to pay street tax in said town during their terms of office. Exemption from street tax. SEC. 16. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That the corporate limits of said town of Wadley, Georgia, shall be and remain as at present constituted until the same is changed in accordance with the provisions incorporated in this Act. Corporate limits. SEC. 17. Be it further enacted by the authority aforesaid, That any contiguous territory may be taken into the corporate limits of said town of Wadley when a majority of the freeholders of said contiguous territory shall petition the town council of Wadley

Page 1205

to order an election for the purpose of ascertaining the will of the electors of said town as to the said extension, and a majority of the qualified electors shall vote in favor of said extension. Extension of corporate limits. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor shall preside at the meeting of the town council but shall not vote on any question except in case of a tie. He shall be the supreme executive officer of the town government, shall provide for the proper execution and enforcement of all laws, ordinances and resolutions of the said town government; shall have general supervision of all the officers of the town in the performance of their duties as such; shall exercise within the town limits the power of a sheriff or constable to suppress disorder or to keep the peace, and shall have the power whenever necessary to organize a posse for the purpose of suppressing a riot or disorderly assemblages of any kind, or to aid in enforcing the laws or the ordinances of the town. He shall have the right to inspect the books, records and papers of any officer or agent of the town. He shall from time to time, and of each official year, lay before the town council information relative to the affairs of the town, and shall recommend to the town council such measures as he may deem expedient. Mayor's powers and duties SEC. 19. Be it further enacted by the authority aforesaid, That the town council of said town shall at the first meeting after their election and qualification elect from among their number a mayor pro tem., who shall, in the absence or disqualification of the mayor, be the presiding officer of said council, and shall in case of said absence or disqualification of the mayor, exercise all the powers and functions of the said mayor, and this charter clothes said mayor pro tem. with all the powers of the mayor of said town in the event of the absence or disqualification of the said mayor. Mayor pro tem. SEC. 20. Be it further enacted by the authority aforesaid, That at the first meeting of the town council of said town after their election and qualification they shall elect from among their number a clerk and a treasurer, whose term of office shall be one year and until their succesors are elected and qualified. At said first meeting they also shall elect a chief of police, who must be resident of said town and at least 21 years of age, and whose term of office shall also be one year. All of said elections shall be by ballot, and a vote of a majority of the town council shall be necessary to a choice. Officers. SEC. 21. Be it further enacted by the authority aforesaid, That

Page 1206

the mayor of said town shall have the power, and it shall be his duty, to appoint such additional policemen as in his judgment may be necessary. He shall also appoint from among the members of the town council a superintendent of the streets and such other officers and committees as in his judgment may be necessary to the welfare of said town. Policemen and superintendent of streets. SEC. 22. Be it further enacted by the authority aforesaid, That all officers elected by the town council or appointed by the mayor of said town of Wadley shall be under the jurisdiction of and amenable to the said town council, who shall have power to suspend, fine or remove such officers as said body may deem necessary and expedient. Liability of officers. SEC. 23. Be it further enacted by the authority aforesaid, That the salaries of all officers of said town shall be prescribed by ordinances, and shall be increased or diminished at the discretion of said council. Salaries. SEC. 24. Be it further enacted by the authority aforesaid, That all officers elected or appointed as aforesaid, shall be required, before entering upon their duties, to take an oath that they will properly discharge their duties, and shall be required to give such bonds as said council shall fix by ordinance. Oath of officers. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor shall be the presiding officer in the police court, shall have the power to try all offenders against the laws and ordinances of the town, and to inflict such penalties as may be prescribed therefor. In case of the absence or disability of the mayor, or in case of a vacancy in said office, the mayor pro tem., or any member of the council, shall preside in his stead. Said court shall have the power to punish offenses against the penal ordinances of said town by the imposition of a fine not to exceed two hundred dollars, or by imprisonment in the jail not to exceed sixty days, or by requiring the offender to work on the streets of said town for a period not to exceed sixty days, either or all in its discretion. Said court also shall have the power to bind over to the State courts any offenders who may be guilty of an offense against the State laws, in the trial of offenders against the penal laws of the town, the usual procedure shall obtain as in the State criminal courts, and the same general rules of evidence shall be adopted. In the discretion of the presiding officer of said town court an attorney may be employed to represent the town in the prosecution of offenders. If the defendant so demands, he shall be furnished with a written accusation plainly stating the offense

Page 1207

with which he is charged, and giving the list of witnesses to be used against him. Police court. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to contract debts and issue bonds of said town under and in accordance with the limitation provided by the general laws of the State applicable to municipalities and with the funds arising from the sale of such bonds may refund existing debts, establish and maintain a system of waterworks, a system of electric lights or other lights, erect public buildings, or any other improvements, conveniences or necessities for the use of the citizens of said town or for any other lawful purpose for the public good. Municipal bonds. SEC. 27. Be it further enacted by the authority aforesaid, That the town of Wadley, Georgia, shall have the power 1st to assess and collect a tax upon all property, both real and personal, within the limits of said town not to exceed one half per cent. ad valorem; to levy and collect a specific or occupation tax on all business occupations, professions, callings or trades exercised within the town as may be deemed just and proper; to fix a license on all theatrical exhibitions, circuses and shows of all kinds; on drays and hacks, hotels, boarding-houses, restaurants, fish-stands, billiards, pool and all other kind of tables, tenpin-alleys, butcher-shops, livery stables, soda fountains and all other dispensers of beverages of every sort, auctioneers and upon all other classes or kinds of business legitimately coming within the police power of the town, as may be just and reasonable; 2d, to provide by ordinance for the return of all real and personal property for taxation, to double-tax defaulters, to prescribe the time or times at which the same shall be due and shall have the power to enforce the same by execution and to provide by ordinance for the sale of property under said executions for the satisfaction of all municipal taxes; 3d, to levy and collect a street tax upon each male inhabitant of the town between the ages of sixteen and fifty years, inclusive; provided, said tax shall not exceed three dollars per capita per annum, and to provide by ordinance for the collection of said tax by execution or by compulsory work on the streets of the town; 4th, to define what shall constitute a nuisance in said town and to abate the same in a summary manner at their discretion, to charge the expenses of abating the same to the persons responsible for said nuisance and to enforce the collection of said expenses by execution; 5th, to revoke any license granted by them in their discretion when it appears that the public health or comfort is endangered; 6th, to prescribe fire limits and

Page 1208

material out of which buildings within said limits shall be constructed, to regulate and control blacksmith-shops, forges, stoveflues and chimneys, and cause the same to be remedied or removed, as the public safety may dictate; 7th, to provide by ordinance for the impounding of dogs, horses, mules, cows, calves or any other domestic animal, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within said town; 8th, to lay off, vacate, close and open streets and alleys in said town, and to pave, repave and repair the pavements of said town at the expense of the owners of the adjoining real estate, and to enforce the payment of said expenses by execution against the property and owner of the said real estate, as provided by section 732 and following of the Code of Georgia of 1895; 9th, to grant franchises over the streets and alleys of said town, to railroad and electric lights, corporations or to any other corporations, when said franchises will, in their discretion, redound to the public good; 10th, to punish for vagrancy and in a case a jury is demanded to bind over offenders to the State courts; 11th, to organize a street chain-gang and to put at compulsory labor thereon, at the discretion of the police court, all those convicted of violating any of the ordinances of the town; 12th, to establish, own, use and operate a system of waterworks and electric lights for said town, to adopt rules and regulations regarding the use of the same by the public; 13th, to pass all ordinances, penal as well as otherwise, that may be deemed requisite and proper to the peace, security, welfare, health and convenience of the town to punish offenders for violations of the same; 14th, in addition to the powers already enumerated, the town shall have all additional powers usually and properly incident to minicipal corporations not in conflict with the Constitution of the United States or the State of Georgia, as may be necessary to promote the good government of the town and general welfare of its citizens; 15th, the mayor and council of the said town shall not have power to grant license to or any way authorize or legalize the sale of spirituous or intoxicating liquors of any kind within the limits of said town, and it shall be their duty to provide, by a proper ordinance, for the punishment, by fine or imprisonment, or by fine and imprisonment of any person guilty of such sale. Taxation. Corporate powers. SEC. 28. Neither the mayor nor member of the town council, nor any city officer, shall be interested, directly or indirectly, in any contract with the town, or receive any profit or emolument from any purchase or sale of any material or other article paid

Page 1209

for out of the public revenues or for which the town becomes responsible. Contracts with officers illegal. SEC. 29. Be it further enacted by the authority aforesaid, That this Act shall not become operative until the same has been submitted to a vote of the qualified electors of the town of Wadley, Georgia, and shall have been ratified by a majority of those voting at said election. The chairman and board of commissioners of the town of Wadley, Georgia, shall, as soon after the passage of this Act as possible, call a special election for this purpose, which election shall be held as elections for members of the town council, under the present charter, are held. If a majority of those voting favor the adoption of this charter, the mayor shall issue his proclamation to that effect, and thereupon this Act shall become operative. Ratification of this Act. SEC. 30. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above and foregoing be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905. WALNUT GROVE, TOWN OF, INCORPORATED. No. 167. An Act to incorporate the town of Walnut Grove, in the county of Walton, and define its limits; to provide for a mayor and council and other officers of said town, and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory embraced within the limits of one half of a mile in every direction from a point in the center of the road in front of the Broadnax Banking Company, at the place now called Walnut Grove, be incorporated under the name and style of the Town of Walnut Grove, and said town is hereby incorporated. Walnut Grove, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a mayor and four councilmen, who shall have been bona fide citizens resident of said town for the full term of six months just preceding

Page 1210

their election to office. Said municipal government shall be styled the Town of Walnut Grove, and by that name are hereby made a body corporate. As such they shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold, own, possess, sell and convey for the use of said town any real or personal property of any kind, or purchase such real and personal property as is necessary for the use of said town. That the said mayor and council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, of the United States, which they may deem necessary to the good government of said town, the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violations of such rules, ordinances, by-laws and regulations, and enforce such penalties when they have been fixed. Mayor and councilmen, corporate powers. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council shall be elected by the qualified voters of said town on any Saturday after the passage of this Act, after notice is given in writing, signed by five or more of the citizens within said territory, and posted at three or more public places within said limits at least ten days before the day named in said election notice as the day for holding such election for mayor and councilmen for said town. All other elections for mayor and councilmen shall be on the first Saturday in each year. The regular terms of office for the mayor and councilmen of said town shall be for one year, or until the election and qualification of their successors, except when a vacancy occurs by death, resignation or otherwise, when the remaining members shall fill such vacancy of mayor and councilmen by an election held by them for such purpose at any time to fill the unexpired term of the person or persons causing such vacancy. Election of mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at some convenient point near the center of said town, and after the same has been selected it shall be known as the voting precinct of the town of Walnut Grove, subject to be changed by the mayor and council, after giving ten days' notice in writing, posted at three or more public places in said town. The managers at all elections held in and for said town shall be three freeholders, all to be residents of said town, or a justice of the peace of the county of Walton and two such freeholders, who before entering upon the

Page 1211

discharge of their duties, shall take and subscribe to the following oath: All of us do swear that we are qualified to hold an election for the town of Walnut Grove under its charter; that we will faithfully superintend this day's election and make a just and true return thereof; that we will let no one vote in this election unless we believe he is entitled to vote in the same, nor will we knowingly prohibit any one from voting who is by law entitled to vote. Said affidavit shall be signed by each manager in the capacity in which he acts. Said oath may be administeed by any person in Walton county authorized by law to administer oaths, or, if no such officer can be conveniently had, said managers may each take and subscribe to said oath in the presence of each other. Voting precinct. Managers of elections. SEC. 5. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from 8 o'clock, a.m., till 3 o'clock, p.m., when the polls shall be closed and the managers of the election shall proceed to count the ballots, declare and certify the result thereof. They shall keep a list of all the voters who vote in the election, and a tally-sheet showing the number of votes for each person voted for, and when they have counted all the ballots, they shall certify said tally-sheet and list of voters on the same, showing that they are correct, and seal them up and deliver them to one of their number to be by him kept sealed, without inspection, for at least 30 days, and at the expiration of said time he shall destroy them, without inspection, unless notice of a contest of said election has been filed. Results of elections, how declared. SEC. 6. Be it further enacted by the authority aforesaid, That all persons residing in the town of Walnut Grove, who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all taxes due by him to said State, county and town, and done all work required of them on the streets of said town, and have resided in said town six months just prior to the day of election, shall be considered electors and entitled to vote in said town elections, and no others shall be allowed to vote therein. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen elected or appointed to fill a vacancy, as the case may be, shall take and subscribe to the following oath, in addition to the oath required to be taken by all civil officers of this State: I do solemnly swear that I will well and truly perform the duties of mayor (or councilmen, as the case may be,) of the town of Walnut Grove by adopting such measures as, in my judgment, will most promote the general welfare of the inhabitants

Page 1212

of said town and the common interest thereof, so help me God. Oath of mayor and councilmen. SEC. 8. Be it enacted by the authority aforesaid, That the salaries of the mayor and councilmen of said town shall be fixed by them at their first meeting after their election each year, and the same entered on their minutes, and no change shall be made in their salaries during their terms of office; provided, however, the salary of the mayor shall never exceed the sum of fifty dollars per annum. Said mayor and council shall elect their marshals, clerks, treasurers and such other officers as are, in their opinion, necessary to carry out the provisions of this charter, fix their compensation and take such bonds as is necessary and usual in such cases, and prescribe an oath of office to be administered to them before entering on the discharge of their duties. Salaries. Officers. SEC. 9. Be it enacted by the authority aforesaid, That at the first meeting, each year, of the mayor and council of said town they shall elect one of their number as mayor pro tem., who shall have authority to discharge all the duties of mayor whenever from sickness, absence, or any cause, the mayor is disqualified or can not act. Mayor pro tem. SEC. 10. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town, for the trial of offenders against the laws of said town, to be held by the mayor in the council chamber, or some other convenient place in said town, as often as it is necessary. Said court shall have the right and power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment in the calaboose of said town not exceeding five days, or a fine not exceeding five dollars, either one or both. In the absence of or disqualification of the mayor and mayor pro tem. of said town any member of said council may preside over said court and exercise the powers of mayor of said town in the trial of cases. Mayor's court. SEC. 11. Be it further enacted by the authority aforesaid, That the said mayor's court shall have full power and authority, upon conviction, to sentence any offender against the laws of said town to hard labor on the streets of said town, or any other work in said town, for a period not exceeding fifty days, or to impose a fine not to exceed fifty dollars, or to sentence the offender to the town prison for a term not exceeding thirty days; either one or all of said penalties may be inflicted on an offender after conviction, in the discretion of the court. Penalties. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority to remove

Page 1213

all nuisances in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe, by ordinance or resolution. And it shall be their duty to prevent, by ordinance and suitable penalties, the running at large of stock, horses, mules, cattle, hogs, sheep, goats or other animals in said town, and provide for the impounding of such animals at the expense of the owners thereof, and for the sale of the same to pay the expense of such impounding, including feed bills. Nuisances. Stock law SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the control of the streets, sidewalks, bridges, alleys, cemeteries and all public property in said town, and they may prohibit any encroachments thereon or interference therewith, and they shall have power to locate all cemeteries therein. They shall have power to lay off and open new streets and alleys, to widen and straighten any streets and alleys in said town, and for these and other public purposes they may condemn the owner's property in the manner now provided by law for condemning property for public use, the damages to be paid out of the treasury of said town. Streets, etc SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power to pass any ordinances, not in conflict with the laws of the State of Georgia or of the United States, to prohibit the storage, or keeping for any illegal purpose, within the corporate limits of said town any wines, beer, malt, alcoholic or intoxicating drinks of any kind, and to punish any person for violating such ordinances. Storage of liquors. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to require every male inhabitant of said town, who has resided in said town 30 days, and is within the ages of from sixteen to fifty years, to work such length of time on the streets of said town as said mayor and council shall direct, not to exceed ten days for any one year. Said persons so subject to work on the streets shall have the right to relieve themselves of such work by paying to said town authorities a commutation tax not to exceed three dollars per annum, to be fixed by ordinance. Said work to be done, and said commutation tax to be paid, at such times as the council may prescribe. Any person failing to work when required, and failing to pay such commutation tax, shall be punished in the manner prescribed by ordinance. Street tax SEC. 16. Be it further enacted by the authority aforesaid, That

Page 1214

in all cases where any taxes, fines, forfeitures, commutation tax or license fees are not promptly paid when due, the mayor of said town, on his own motion, shall issue execution against such delinquent for such sums as are due, and it shall be the duty of the marshal of said town to levy the same on any property of the defendant in such fi. fa., and, if it be personal property, advertise the same at three or more public places in said town for ten days, and sell said property at the expiration of said time on the day named in said advertisement, between the hours of 10 o'clock, a.m., and four o'clock, p.m., to satisfy said fi. fa. If it be real property so levied on, said marshal shall return the fi. fa., with his entry of levy thereon, to the sheriff of Walton county, that the property may be by said sheriff advertised and sold in the manner that all sheriff's sales are made; provided, however, if a claim or affidavit of illegality be filed to such fi. fa. and levy, the same shall be returned to the superior court of Walton county, in case of real property, ten days before the term of court at which it shall be tried; or if such fi. fa. be levied on personal property, such fi. fa. shall be returned in like manner to the city or county court of said county for trial, or, if there be no city or county court, said fi. fa. shall be returned to the superior court. In either case, the claim of illegality shall be tried as all other cases of like kind. Tax fi. fas., etc. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and council may levy and collect, for town purposes, a tax not to exceed fifty cents on every $100.00 on all real and personal property in said town subject to be taxed under the laws of the State of Georgia. Said tax to be assessed in the manner now prescribed by law for assessing taxes of municipal corporations, to be found in sections 717 and 718, chapter 3, article 1, page 204 of volume 1 of the Code of 1895 of the State of Georgia. Said property to be assessed at its value on the 1st day of April of each year; provided, however, the taxpayers shall first have the right to give in their tax under oath during the month of April, and when so given in said assessors may, in their discretion, decrease or increase said tax returns so as to get at its true tax value. Said mayor and council shall have the right, without reference to said board of assessors, to fix and collect, by execution if necessary, a special tax or license on all kinds of business, callings, professions, or occupations, carried on in said town, and to punish by proper ordinance any person failing to pay said tax or license fees before engaging in business. Taxation.

Page 1215

SEC. 18. Be it further enacted by the authority aforesaid, That said mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all such meetings the mayor, if present, shall preside, and he may vote on all questions, three being necessary in all cases to carry any question, or elect any officer by said body. A less number, in the absence of a quorum, may adjourn a meeting over to a future time. Meetings of council. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, and shall see that all ordinances, rules, regulations and resolutions of the town are faithfully executed. He shall look after the finances of the town, making reports to the council, from time to time, showing the receipts and expenditures of all departments and the status of said town generally. He shall have general jurisdiction of the affairs of the town, not in conflict with the jurisdiction of the mayor and council as a body corporate. He shall have control of the police of said town, and may appoint special police whenever, in his judgment, it is necessary. He shall have the same powers of a justice of the peace to attest papers and administer oaths in said town, and to issue warrants for offenses against the State laws committed in said town, and hold courts of inquiry and commit offenders to the county jail, in default of bond, in the same manner and under the same rules and regulations of the justices of the peace of said State. Mayor's powers and duties SEC. 20. Be it further enacted by the authority aforesaid, That the marshal, deputy-marshals, or any policeman lawfully appointed in said town, may arrest without a warrant any person he may see violating any ordinance of said town, or any person reported to him as having violated any ordinance of said town, and carry such offender before the mayor's court for trial, and to this end may summons any citizen or citizens as a posse to assist in such arrests. He shall inform the mayor of the nature of the offense committed by the person or persons arrested, and the mayor shall enter on his docket such charge with a reasonable specification, and the party or parties so charged shall be required to answer to the same without any further written accusation; provided, however, he or she shall at once be notified of the charge so preferred, and be given a reasonable time to prepare for trial. Arrests, etc SEC. 21. Be it further enacted by the authority aforesaid, That the mayor, in his discretion, where the ends of justice seem to require it, may allow the accused in his court to give bond

Page 1216

for his appearance to answer any charge at some future day fixed by the court, in a reasonable sum with good security, and if the accused fails to appear at the time fixed in his bond, the mayor shall enter of his docket opposite such case the words bond forfeited and at once issue a rule or order requiring the principal and security in such bond to show cause, at a future time, why said bond should not be absolutely forfeited and judgment entered against them for the full amount of the bond and costs. A copy of said order shall be served on said principal and security by the town marshal, or his deputy, at least ten days before the day fixed for trial of said case, and if said defendants fail to appear, or do appear and fail to show good and sufficent cause why the accused did not appear to answer the charge against him, judgment shall be entered thereon for the amount of said bond and costs, and fi. fa. issued and collected in the same manner that other fi. fas. are collected in said town; provided, that no bond for violating an ordinance of said town shall be required of more than fifty dollars for one offense. Appearance bonds. SEC. 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshals of said town to prosecute all offenders against the State laws, where the offense is committed within the corporate limits of said town, and to that end they shall swear out warrants, or cause the same to be done, and arrest such offenders and carry them before the mayor of said town, or some other judicial officer, for trial and commitment, and such officer shall hold a court of inquiry and commit or discharge the accused under the same rules that obtain in such cases before a justice of the peace. It shall be the duty of the marshals of said town to keep order in said town, to serve all orders and execute all judgments of the mayor's court and discharge all other duties imposed on him by the laws, rules, ordinances and regulations of said town, and all orders, processes, writs and fi. fas. shall be directed to the marshals of said town and signed by the mayor thereof. Marshal's duties. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall fix by ordinance the fees to be charged by the officers of said town for services performed by them, not to exceed the fees allowed the sheriffs, clerks, tax-collectors and justices of the peace for similar services, and said officers shall never charge or accept, under any circumstances, any more fees than is allowed by such ordinance. Fees of officers. SEC. 24. Be it further enacted by the authority aforesaid,

Page 1217

That the expenditures of said town government, and the compensation of its officers, shall be paid out of the town treasury, on the order of the mayor countersigned by the clerk of council. The treasurer shall keep a book in which he shall enter a true and correct record of all sums of money coming into his hands, with a memorandum showing the source from whence it came, and he shall in like manner make entries on said book of all sums paid out by him, to whom paid, the date of payment, and the nature of the claim paid. He shall also take from the party a receipt for the amount so paid. Said book and receipts to be subject to the inspection of the mayor and council, or any one of them, at all times, and to a reasonable inspection by any citizen of said town. Disbursements of municipal funds. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power and authority to establish and maintain a chain-gang for the purpose of working on the streets and elsewhere in said town such persons as are convicted for violating the ordinances of said town and sentenced to work in said chain-gang. And the mayor and council are empowered to pass all necessary rules and laws for the regulation of the same, not in conflict with the laws of Georgia. Chaingang SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority, when they deem it necessary, to appoint three good, intelligent citizens of said town as a sanitary committee, one of whom shall be a member of the town council. That it shall be their duty to visit the different parts of the town at least twice a year, to wit, in the spring and in the fall, and make a report each time as to the sanitary condition of the town, with recommendations as to what is needed to be done. When such report is made in writing by two members of said board, or committee, whether concurred in by the other member, the council shall at once take some action on such report and recommendations, and if there appears no good reason, they shall carry out the recommendation of the committee. Sanitation SEC. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 23, 1905.

Page 1218

WAYCROSS, SCHOOL BONDS. No. 425. An Act to authorize the mayor and council of the city of Waycross to issue bonds in the sum of sixty-three thousand dollars, ($63,000.00), payable in thirty (30) years and bearing interest at a rate not to exceed five per cent. per annum, for the purposes of providing additional school facilities for the city of Waycross; for the purpose of paving the streets of said city, and for the extension of the water-mains and sewerage system 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 mayor and council of said city of Waycross, in Ware county, Georgia, is authorized and empowered to issue bonds, in addition to those heretofore issued by said city, with the usual interest coupons attached, to an amount not to exceed sixty-three thousand dollars ($63,000.00), said bonds to be of such form and denomination, and to bear such rate of interest, not to exceed five per cent. per annum, as the city of Waycross, through its mayor and aldermen, may determine by resolution passed at a regular meeting of said body. Said bonds shall become due and payable at such time, not longer than thirty (30) years from the date of issue, as may be fixed by a resolution of the mayor and aldermen. The authorities of said city shall provide each year for the collection of taxes to pay the interest on said bonds, and to pay the principal of the same within thirty (30) years; said taxes to be assessed and collected for said purposes in the same manner as the city taxes of said city are now assessed and collected for other purposes; and said bonds shall not be sold for less than their par value. The proceeds of said bonds shall be used for the purposes of providing additional school facilities for the city of Waycross, for the purpose of paving the streets of said city, and for the extension of the water-mains and sewerage system thereof; provided, that said bonds shall not be issued until the question of Bonds or No bonds shall have been submitted to the qualified voters of said city at a regular election held therefor, and shall have received the necessary two-thirds (2-3) vote required by the Constitution of the State, or at a special election held

Page 1219

for the purpose of voting on the question of Bonds or No bonds. Thirty days' (30) notice of such election, or of the intention to submit said question at any election, shall be given through the newspaper which does the city printing immediately preceding said election. Any election held under this Act shall be governed by the same rules and regulations that govern regular elections provided for under the charter of said city. If the consent of the necessary two-thirds (2-3) vote is not obtained at the first election held under this Act, the same question may be submitted to the voters of said city again; but no second election for such purpose shall be ordered until six (6) months after the first was held. Waycross; election for municipal bonds for schools, streets, water and sewerage. 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 22, 1905. WAYCROSS, CHARTER AMENDED. No. 423. An Act to repeal an Act to authorize the establishment and maintenance of a system of sewerage and drainage in and around the city of Waycross, and a system of waterworks for said city; to provide for the appointment of sanitary and waterworks commissioners for said city, and to prescribe their duties and powers, and for other purposes, approved September 19, 1889; to provide that all the duties and powers conferred upon the sanitary and waterworks commissioners, under the Act aforesaid, shall be by this Act conferred upon the mayor and council of the city of Waycross, or upon the regular standing committee of the council upon waterworks; and all that could heretofore be done by said board may, after the adoption of this Act, be done by the mayor and council of the city of Waycross or by the regular standing committee upon waterworks, 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 entitled An Act to authorize the establishment and maintenance of a system of sewerage and drainage in and around the city of

Page 1220

Waycross, and a system of waterworks for said city; to provide for the appointment of sanitary and waterworks commissioners for said city and to prescribe their duties and powers, and for other purposes, approved September 19, 1889, be, and the same is, hereby repealed. Waycross; Act of Sept. 19, 1889, repealed SEC. 2. Be it further enacted by the authority aforesaid, That all the duties, authority and powers conferred upon the sanitary and waterworks commissioners under and by virtue of the Act aforesaid, shall be conferred upon and vested in the mayor and council of the city of Waycross; and all that could heretofore be done by the sanitary and waterworks commissioners may, after the adoption of this Act, be done by the mayor and council of the city of Waycross, or by the regular standing committee upon waterworks. Powers of mayor and council. 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 22, 1905. WAYCROSS, CHARTER AMENDED. No. 424. An Act to amend section 17 of the charter of the city of Waycross relating to the power and authority vested in the mayor and aldermen of said city to open, lay out, widen, straighten, or otherwise change the streets and alleys thereof, and for other purposes therein named, approved November 1, 1889, by giving authority to the mayor and council of Waycross to provide for the paving and improving of streets, alleys and sidewalks of said city and to assess the cost thereof, including two-thirds ([frac23]) 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, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That section 17 of the charter of the city of Waycross relating to the power and authority vested in the mayor and aldermen of said city to open, lay out, widen, straighten, or otherwise change the streets and alleys thereof, and for other purposes therein

Page 1221

named, approved November 1, 1889, be amended by adding to the end of said section the following words: 1st. That the mayor and council of the city of Waycross 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. 2nd. In order to fully carry into effect the authority above delegated, the mayor and council of the city of Waycross 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. 3rd. That the mayor and council of the city of Waycross 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-thirds of the entire cost, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city shall be required to pave, macadamize, or otherwise improve said 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 affected hereby. 4th. The mayor and council of the city of Waycross shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, 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 Waycross 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 streets or sidewalks, by

Page 1222

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 sales 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 Waycross 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 Ware 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 Waycross shall have full authority to pave, or contract for paving of, the whole surface of the street, without giving any street railway company or other property holder or occupant of the street the option of having the space to be paved by it paved by itself, or by a 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 Waycross for assessments upon abutting property, and also on the property of street railroad companies for street or sidewalk paving, curbing, grading, or drainage, shall have rank and priority of payment next in point of dignity to the liens in favor of the city of Waycross for taxes due said city, such liens 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. Waycross; assessments for street improvements. 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 22, 1905.

Page 1223

WARRENTON, SCHOOL BONDS. No. 73. An Act to amend the charter of Warrenton, Georgia, to wit: The Act incorporating the town of Warrenton, Georgia, approved December the 25th, 1859, and the Act amendatory thereof, approved December the 5th, 1899, so as to authorize and empower the town of Warrenton, in the county of Warren and State of Georgia, through and by its officers to issue and sell the bonds of said town, not to exceed in amount the sum of fifteen thousand dollars, for the purpose of erecting in and for said town public school buildings and furnishing and equipping the same, and purchase sites thereof, if necessary, after the same is approved by a two-third vote of the qualified voters of said town, as prescribed by law; to provide for the sale of said bonds and for the payment of the principal and interest on the same, 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 Act incorporating the town of Warrenton, Georgia, approved December the 25th, 1859, and the Act amendatory thereof, approved December the 5th, 1899, be amended so as to authorize the mayor and commissioners of the town of Warrenton to adopt the provisions of this Act; provided, a notice of an intention to hold an election under the provisions of this Act be given, as required by section 377 of the Code of Georgia, 1895, volume 1. Said election shall be held, and return thereof made, in the same manner as elections are held for mayor and commissioners of said town, and the qualifications of voters at said election shall be the same as required by law for the election of mayor and commissioners of said town. All persons voting at said election shall have written or printed on their ballots the words For issuing bonds or the words Against issuing bonds. And if it shall appear to the commissioners of said town that two-thirds of the qualified voters residing in said town have voted for issuing bonds, the said mayor and commissioners are hereby authorized to issue bonds not to exceed the sum of fifteen thousand dollars, and to provide for the payment of the same. In case two-thirds of the qualified voters of said town do not vote for issuing bonds in any election held under this Act, an election may be held in said town by the order of the mayor and

Page 1224

commissioners of said town annually on proper notice given until the provisions of this Act are adopted by the vote of two-thirds of the qualified voters of said town for issuing bonds. Warrenton; election for bonds. SEC. 2. Be it further enacted by the authority aforesaid, That in the event the necessary majority of votes shall be cast at said election for issuing bonds, the mayor and commissioners of said town shall then be authorized to issue and sell the bonds of said town, not to exceed in amount the sum of fifteen thousand dollars, as hereinafter specified, for the purpose of raising a fund with which to purchase sites therefor, should the same be necessary, and on which to erect school buildings and to equip and furnish the same with suitable furniture and apparatus. And for this purpose said mayor and commissioners, in connection with the board of trustees of the Warrenton Academy, as hereinafter specified, may purchase the site upon which to erect said buildings; or may exchange property now held for school purposes for other property. Proceeds of bonds, how used. SEC. 3. Be it further enacted by the authority aforesaid, That the bonds issued under this Act shall run not exceeding thirty years, and shall bear interest not to exceed six per cent. per annum, the interest to be paid annually. Said bonds shall be in denominations of one hundred dollars each, and all to have interest coupons attached. Said bonds shall be signed by the mayor and countersigned by the treasurer of said town. The coupons attached to said bonds for each annual payment of interest shall be signed in the same manner and by the same parties as the bonds. The principal and interest due on said bonds shall be payable at maturity on presentation to the treasurer of said town. The bonds issued under this Act shall not be sold for less than par. Bonds, how issued. SEC. 4. Be it further enacted by the authority aforesaid, Said bonds shall mature and be paid as follows: 6 of $100 each shall mature November the first, 1908; 9 of $100 each shall mature November the first, 1910; 9 of $100 each shall mature November the first, 1913; 9 of $100 each shall mature November the first, 1916; 15 of $100 each shall mature November the first, 1919; 15 of $100 each shall mature November the first, 1922; 15 of $100 each shall mature November the first, 1925; 15 of $100 each shall mature November the first, 1928; 15 of $100 each shall mature November the first, 1931; 21 of $100 each shall mature November the first, 1933, and 21 of $100 each shall mature November the first, 1934. Bonds, how matured. SEC. 5. Be it further enacted by the authority aforesaid, The

Page 1225

mayor and commissioners of Warrenton shall raise by taxation on the taxable property of the citizens of said town the sum of nine hundred dollars annually, between the dates of November the first, 1905, and November the first, 1908, with which to pay the annual interest on said bonds, and shall raise an additional sum between said dates of two hundred dollars per current year with which to retire the bonds maturing November the first, 1908. They shall raise the sum of eight hundred and sixty-four dollars annually, between the dates of November the first, 1908, and 1910, with which to pay the annual interest on said bonds, and shall raise an additional sum, between said dates, of four hundred and fifty dollars per current year with which to retire the bonds maturing November the first, 1910. They shall raise the sum of eight hundred and ten dollars annually, between the dates of November the first, 1910, and November the first, 1913, with which to pay the annual interest on said bonds, and shall raise an additional sum, between said dates, of three hundred dollars per current year with which to retire the bonds maturing November the first, 1913. They shall raise the sum of seven hundred and fifty-six dollars annually, between the dates of November the first, 1913, and November the first, 1916, with which to pay the annual interest on said bonds, and shall raise an additional sum, between said dates, of three hundred dollars per current year with which to retire the bonds maturing November the first, 1916. They shall raise the sum of seven hundred and two dollars annually, between the dates of November the first, 1916, and November the first, 1919, with which to pay the annual interest on said bonds, and shall raise an additional sum, between said dates, of five hundred dollars per current year with which to retire the bonds maturing November the first, 1919. They shall raise the sum of six hundred and twelve dollars annually, between the dates of November the first, 1919, and November the first, 1922, with which to pay the annual interest on said bonds, and shall raise an additional sum, between said dates, of five hundred dollars per current year with which to retire the bonds maturing November the first, 1922. They shall raise the sum of five hundred and twenty-two dollars annually, between the dates of November the first, 1922, and November the first, 1925, with which to pay the annual interest on said bonds, and shall raise an additional sum, between said dates, of five hundred dollars per current year with which to retire the bonds maturing November the first, 1925. They shall raise the sum of four hundred and thirty-two dollars annually, between the dates of November the first, 1925, and November

Page 1226

the first, 1928, with which to pay the annual interest on said bonds, and shall raise an additional sum, between said dates, of five hundred dollars per current year with which to retire the bonds maturing November the first, 1928. They shall raise the sum of three hundred and forty-two dollars annually, between the dates of November the first, 1928, and November the first, 1931, with which to pay the annual interest on said bonds, and shall raise an additional sum, between said dates, of five hundred dollars per current year with which to retire the bonds maturing November the first, 1931. They shall raise the sum of two hundred and fifty-two dollars annually, between the dates of November the first, 1931, and November the first, 1933, with which to pay the annual interest on said bonds, and shall raise an additional sum, between said dates, of ten hundred and fifty dollars per current year with which to retire the bonds maturing November the first, 1933. They shall raise the sum of one hundred and twenty-six dollars, between the dates of November the first, 1933, and November the first, 1934, with which to pay the interest on said bonds due November the first, 1934, and shall raise an additional sum, between said dates, of twenty-one hundred dollars with which to retire the bonds maturing November the first, 1934. Tax to pay bonds. SEC. 6. Be it further enacted by the authority aforesaid, That if for any reason the election provided for in this Act should not be held before November the first, 1905, or if when it is held should result unfavorably to the issuing of bonds, or if for any reason said bonds should not bear date November the first, 1905, as contemplated in this Act, whether from failure to hold the election or from other cause, when the election contemplated in this Act is held and results favorably to the issuing of bonds, or when said bonds are dated, whether November the first, 1905, or later, they shall be in denominations and bear interest as herein specified, and the date of the maturity of said bonds shall be extended to correspond with the date of issue, making the life of the bonds the same as in this Act contemplated. Date and maturity of bonds. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and commissioners of the town of Warrenton, and the same are hereby authorized and required to levy and collect such tax upon the taxable property of the citizens of said town as will be necessary to carry out the provisions of this Act. Tax to pay bonds. SEC. 8. Be it further enacted by the authority aforesaid, That for the purpose of providing for the payment of the interest and principal due on said bonds the said mayor and commissioners of Warrenton may each year set aside the amounts specified and

Page 1227

raised in accordance with section five of this Act, and the amounts raised for interest shall be applied annually to the interest due on said bonds, and the amounts raised for principal shall be held in the treasury until the maturity of the bonds for which said sums were raised, and then applied to the bonds. Sinking fund SEC. 9. Be it further enacted by the authority aforesaid, That said schoolhouse or houses shall be built by a building committee consisting of two appointed from the board of commissioners of Warrenton and two from the board of trustees of the Warrenton Academy, and these four shall elect a fifth, and these five shall constitute the building committee for said buildings, and they shall locate the same. Building committee SEC. 10. Be it further enacted by the authority aforesaid, The title to said buildings when completed shall be in the town of Warrenton, but shall be controlled by the board of trustees of the Warrenton Academy and their successors in office. Said board of trustees shall consist of not less than six in number, and their offices shall be perpetual, or during good behavior, and all vacancies caused by death, resignation or otherwise to be filled by the trustees remaining on said board, and said trustees shall be clothed with the power of looking after said school buildings, employing teachers, and such other powers as are usually conferred upon and performed by school trustees. Board of trustees. SEC. 11. Be it further enacted by the authority aforesaid, That no sum raised under the provisions of this Act, except the sum set apart for the payment of the principal and interest of said bonds, shall be paid out by the town treasurer, except upon such claims for supplies and equipments, or apparatus, or material, or for all work done on said buildings, or for purchasing a site whereon to build said buildings, as have been audited by the mayor and commissioners of said town of Warrenton. SEC. 12. 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 August 22, 1905.

Page 1228

WARWICK, TOWN OF, INCORPORATED. No. 148. An Act to establish a charter for the town of Warwick, in the county of Worth, 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 Georgia, and it is hereby enacted by the authority of the same, That Warwick, in the county of Worth, be, and the same is, hereby incorporated as a town, under the name of the Town of Warwick. Warwick, town of, incorporated. 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 each direction from the present depot at Warwick. Corporate limits SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and five aldermen, and immediately following the passage of this Act the following named persons shall be qualified and enter upon their duties to serve for twelve months, to wit: A. J. Gauf, mayor; J. N. Ridley, J. M. Rouse, A. R. Heyward, J. B. Rogers and R. B. White, aldermen. Mayor and aldermen appointed. SEC. 4. Be it further enacted, That upon the expiration of the twelve months, and on a certain day, there shall be held in said town, and annually thereafter on same date, at the usual place of holding meetings of the council, an election for mayor and councilmen, who shall hold their offices for one year and until their successors are elected and qualified. At such elections all persons who have been bona fide residents of said town for six months before said mayor's election, who have paid all taxes of every description legally imposed and demanded by authorities of said town, 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 in said town and not candidates in said election; or, in the absence of a justice of the peace, any three freeholders, electors of said town, not candidates in said election, may manage same. Said managers shall conduct elections as nearly as practicable as elections for members for the General Assembly are conducted. The managers shall each, before

Page 1229

proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders and justices of the peace to hold the same; that we will make a just and true return of same, and not knowingly permit any one to vote unless we believe that he is entitled to do so, according to the charter of the town of Warwick; nor knowingly prohibit any one from voting who is so entitled; and we will not knowingly divulge for whom any vote was cast unless called upon to do so under the law; so help us, God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed before some officer authorized to administer oaths, if any such be present; and if no such officer be present, said oath may be made and subscribed by each manager in the presence of others. The managers acting at elections 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, which certificate shall be sufficient authority to the person so elected to enter upon the discharge of his official duties after qualification, as hereinafter provided. Election of successors. Oath of election managers. SEC. 5. Be it further enacted, That no person shall be eligible to any office under this Act who is not a qualified elector of said town. Eligibility to office. SEC. 6. Be it further enacted, That before entering upon their official duties said mayor and councilmen shall be sworn faithfully and impartially to discharge the duties of his office to the best of his ability; and they shall constitute a body politic and corporate under the name and style of the mayor and councilmen of the town of Warwick, 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 Warwick, and the inhabitants thereof, and for preserving the health, morals, peace and good order of the same, not in conflict with the Constitution or laws of this State; and shall have power and authority given by such corporate name to contract and to be contracted with, to sue and to be sued, to plead and implead, 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 hereafter be acquired; to acquire real and personal

Page 1230

property by gift, purchase or otherwise, as may be necessary for the said town of Warwick; to use, manage, sell, lease, improve, or rent, under negotiations prescribed by the council, any of said property as may be advisable for corporate interests. Powers of mayor and councilmen SEC. 7. Be it further enacted, That the mayor and councilmen at the first meeting after each annual election shall elect a marshal, a clerk and a treasurer, from their own number, who shall take the same oath required of the mayor, and shall give bond as said mayor and councilmen shall require; said mayor and council shall fix the compensation of said marshal, clerk and treasurer, which shall not be changed during their term of office. Said marshal, clerk and treasurer shall each perform all the duties required of him by said mayor and council in conformity of law. The said marshal, clerk or treasurer may be removed, suspended or discharged from office for neglect of duty, incapacity to discharge the duties of the office to which he was elected, immoral conduct unbecoming an officer, or other good cause. Officers. SEC. 8. Be it further enacted, That the mayor shall be the chief executive officer of said town of Warwick; he shall see that all laws and ordinances of said town are executed and observed; he shall receive such salary as shall be fixed at the first regular meeting of the town council of each municipal year, but said salary shall not exceed the sum of twenty-five dollars ($25.00) and shall not be changed during the year for which the same is fixed; that said councilmen shall not receive a salary exceeding twenty-five dollars ($25.00) per annum each, and shall be fixed and remain unchanged as in the case of the mayor. Salaries. SEC. 9. Be it further enacted, That the mayor and councilmen shall fix by vote the time of their regular meetings, and elect a mayor pro tem. from among their number at the first annual meeting, who shall be, in the absence of the mayor, the presiding officer. The presiding officer shall not vote except in case of a tie; the mayor or mayor pro tem. and three councilmen shall constitute a quorum for the transaction of business, but no ordinance passed by said mayor and councilmen shall be legal, valid and binding unless passed by a full vote at their regular meeting. Meetings of council. Mayor pro tem. SEC. 10. Be it further enacted, That said mayor or mayor pro tem. shall have power at any time to hold mayor's court under rules of said mayor and councilmen for the trial of offenders against the ordinances of the town of Warwick, and to impose such fines, sentences and penalties as may be deemed just and proper, not exceding the sum of fifty dollars ($50.00) or imprisonment or labor on the streets or other public works of Warwick

Page 1231

not exceeding thirty days, in the discretion of the mayor or mayor pro tem. The power to impose and enforce the sentences of said mayor's court is hereby given to said mayor and council, who may regulate and provide for the same by regular ordinances. Mayor's court. SEC. 11. Be it further enacted, That there may be an appeal from the decisions of the mayor to the council, which shall be in writing under such rules and regulations as made and provided by said mayor and councilmen, and upon the hearing of said appeal said councilmen may set aside, reduce, increase or modify the sentence imposed by the mayor or mayor pro tem. They are not to exceed the limits specified in section 10 of this Act. Appeals. SEC. 12. Be it further enacted, That said mayor and mayor pro tem., in all criminal matters committed within the corporate limits of said town of Warwick, shall have full power to, and may, issue warrants, bind over and admit to bail or commit to jail offenders against the laws of this State in such manner as justices of the peace. Jurisdiction in criminal cases. SEC. 13. Be it further enacted, That the mayor and council shall have the power to levy and collect an ad valorem tax, not to exceed one-fifth of one per cent. on all taxable property within the corporate limits, and which is taxable by the laws of this State, to prescribe by ordinance the method, manner and rules or regulations for estimating the value of the property for taxation belonging to the taxpayers of said town. Ad valorem tax SEC. 14. Be it further enacted, That said mayor and councilmen shall have power to levy an annual tax not exceeding ten dollars ($10.00) upon all agents of all insurance companies doing business in said town, upon all drays, persons engaged in hauling for hire with drays, wagons, hacks, or other conveyances; upon all livery, sale or feed stables, upon all businesses of every kind and class conducted within the corporate limits of said town. They shall have power to levy special tax on all shows of every kind, circuses, vaudevilles, street fairs, flying-jennies, and theatrical performances, and they shall have power to levy special tax not exceeding five dollars ($5.00) per day upon all transients doing business in said town, and on all itinerant peddlers who may deal in commodities which may come in competition with the regular businesses of said town, not exempt by the laws of Georgia. Special taxes. SEC. 15. Be it further enacted, That if any person or corporation shall fail to pay the taxes imposed by this Act, the clerk shall issue an execution against such defaulter, which shall be signed by said clerk and attested in the name of the mayor, which

Page 1232

execution shall bind all the property owned by such delinquent taxpayer on the first day of March of the year in which said taxes are due, and all property subsequently acquired, and shall rank as other items for taxes under the laws of Georgia. Such execution shall be directed to the marshal, who shall enforce the same by a levy and sale as in cases of constable sales, except sales of real estate, in which case the real estate shall be advertised as in case of sheriff's sales, and the marshal shall make a deed of sale to the purchaser, and when requested to do so put the purchaser in possession. Tax fl. fas. SEC. 16. Be it further enacted, That when any person shall fail to pay any of the taxes required under the provisions of this Act, which are duly required of them by the mayor and council, and the marshal shall fail to make same, provided in section 15, may be arraigned as a tax defaulter before the mayor's court, and fined and punished as provided in section 10. Penalties against tax defaulters. SEC. 17. Be it further enacted, That the mayor and council shall have full power and authority to lay out, widen, straighten, open, close, alter, pave, drain and keep in good order and repair the roads, streets, sidewalks, alleys, cross-walks and square in said town for the use of the public, and to dig, repair or fill up any public well or wells, to establish and maintain such a system of grading and drainage for the town which they may deem proper. To this end they will have full power to appropriate and condemn lands in said town and shall be liable to the owner thereof for a reasonable and fair sum as damages. When damages are claimed for appropriating private lands for streets, ditches, or other purposes mentioned in this Act, and the council and the owner can not agree, the same may be submitted to the arbitration of three freeholders of said town, one to be chosen by said council, one by the owner of the property, the third by the two, who shall appraise after due consideration of the damages, taking into consideration the advantages derived by the owner in consequence of the work done or caused to be done by the council. Said arbitrators shall take an oath faithfully and honestly to discharge their duties and make return to the mayor and council within ten days. Awards so made shall be recorded on the records in the clerk's office. Either party being dissatisfied with the findings of said arbitrators shall have a right to enter an appeal to the superior court of said county as allowed in cases of appeals required by law. Streets, etc SEC. 18. Be it further enacted, That the mayor and council shall have power and authority to grant franchise for waterworks,

Page 1233

gasworks, electric lights, telegraph and telephone lines, and electric, steam or horse railways through the streets and alleys of said town, on such terms and conditions as said mayor and town council may by ordinance prescribe. Franchises SEC. 19. Be it further enacted, That all persons subject to road duty in this State, and who are residents of the town of Warwick, shall be liable and subject to work on the streets not exceeding fifteen days in each year; provided, that the mayor and council shall have authority to levy a tax per capita in lieu thereof, the sum not exceeding five dollars ($5.00) per annum; provided further, that all persons failing to pay said taxes or work on the streets of said town, when duly notified to do so, may be arraigned and punished as provided in section 10 for a violation of the ordinance of said town; provided further, that street taxes will also be collectable by execution, levy and sale, as other taxes. Street tax. SEC. 20. 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 for the officers of justices' courts. Fees of officers. SEC. 21. 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 contagious or infectious disease, or to isolate, localize, or prevent the spread or increase of the same when found in the town, and to protect the health of the citizens of said town. They shall have the power to abate as a nuisance all wells, ponds, pools, slaughter-pens, privies, or other like things which, in their judgment, tend to spread disease among the citizens of said town. Quarantine and sanitation SEC. 22. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, herby repealed. Repealing clause. Approved August 22, 1905. WHIGHAM, CHARTER AMENDED. No. 407. An Act to amend an Act entitled an Act to alter, amend and revise and consolidate the several laws of the State of Georgia granting corporate authority to the town of Whigham, etc., approved December 23, 1896, so as to authorize said town to

Page 1234

condemn property for street, sidewalk and other public purposes, and so as to authorize said town to own, establish and operate a dispensary, and so as to change and extend the corporate limits of the said town of Whigham, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section two of the charter of the town of Whigham, approved December 23, 1896, be, and the same is, hereby amended by striking out the following words in said section, in each and every direction, and substituting therefor the following words: north, east, south and west in the shape and form of a square, the center of the four sides of which shall be respectively one half mile north, east, south and west, so that said section two when amended will read as follows: Section 2. Be it further enacted, That the corporate limits of said town shall extend one half mile north, east, south and west in the shape and form of a square, the center of the four sides of which shall be respectively one half mile north, east, south and west from the now public well situated in the main street running east and west. Whigham, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That section 17 of said Act of December 23, 1896, be amended by adding at the end of said section 17 the following words: That said town shall have full power and authority to condemn property for the purpose of opening and laying new streets, sidewalks or alleys, and widening or extending new or old streets, sidewalks and alleys, or otherwise changing streets, sidewalks or alleys of said town, and whenever the town council shall desire to exercise the authority and power to condemn as granted in this section it may be done, whether the land sought to be condemned is in the hands of the owner, or a trustee or executor, administrator, agent, or guardian, in the manner provided in section 4657 to 4686, inclusive, of volume 2 of the Code of 1895, and Acts amendatory thereof, so that said section when amended shall read as follows: Section 17. Be it further enacted, That the mayor and council shall have full authority to establish and fix such system of grading and drainage of the streets and sidewalks; that they shall have full power and authority to lay out new streets and sidewalks and compel property owners to keep their sidewalks in good repairs as they may deem best; upon failure of any property owner to comply with the same within the time prescribed by ordinances the mayor shall have the same done, and levy and collect the expense thereof by execution against the lands and chattels

Page 1235

of the owner of the property. That said town shall have full power and authority to condemn property for the purpose for opening and laying out new streets, sidewalks or alleys and widening or extending new or old streets, sidewalks and alleys or otherwise changing streets, sidewalks or alleys of said town; and whenever the town council shall desire to exercise the authority and powers to condemn as granted in this section it may be done, whether the land sought to be condemned is in the hands of the owner, or a trustee, or executor, administrator, agent or guardian, in the manner provided in sections 4657 to 4686, inclusive, of volume 2 of the Code of 1895, and Acts amendatory thereof. Streets, etc SEC. 3. Be it enacted by the authority aforesaid, That section 14 of the charter of the town of Whigham in Act approved December 23, 1896, be amended by striking out the following words: regulate by ordinances with special licenses the sale of any and all intoxicants, intoxicating liquors, alcoholic, spirituous, malt liquors and beer of any kind whatever, and also the sale of cigarettes, cigarette tobacco and cigarette papers, and substituting therefor the following words: own, establish and operate a dispensary; to manage such dispensary by ordinances or resolutions for the purpose of dispensing by sale any and all alcoholic, malt, spirituous and intoxicating liquors of any kind whatever; that the mayor and council shall have authority by ordinance or resolution to pass and enforce any and all needful rules and regulations for the proper management, conduct and operation of such dispensary. Not less than one fourth nor more than one half of the net profits of said dispensary is hereby by this Act appropriated to the public schools in said town, as provided under section 18 of said Act of incorporation of the town of Whigham and the mayor and council shall have no authority to license the sale of any of the articles named in this section, so that when said section is amended it shall read as follows: Section 14. Be it further enacted, That the mayor and council of said town shall have full power and authority to prohibit or own, establish and operate a dispensary, to manage such dispensary by ordinances or resolutions for the purpose of dispensing by sale any and all alcoholic, malt, spirituous and intoxicating liquors of any kind whatever; that the mayor and council shall have authority by ordinance or resolution to pass and enforce any and all needful rules and regulations for the proper management, conduct and operation of such dispensary. Not less than one-fourth nor more than one-half of the net profits of said dispensary is hereby by this Act appropriated to the public schools in said town, as provided under section

Page 1236

18 of said Act of incorporation of the town of Whigham, and the mayor and council shall have no authority to license the sale of any of the articles named in this section. Dispensary 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, 1905. WOODBURY, CHARTER AMENDED. No. 429. An Act to amend an Act to incorporate the town of Woodbury, Meriwether county, Georgia; to provide for a town council and prescribe their powers and duties, and for other purposes connected therewith, approved September 5, 1887, and all Acts amendatory thereof, so that the corporate limits of said town may be extended and be three-fourths ([frac34]) of a mile in every direction from the intersection of the four main streets of said town; to provide for an appeal from the decision of the mayor to the council; to provide for a mayor pro tem.; to increase the limit of fines from twenty-five dollars to fifty 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 section iv of said above recited Act, and also section iv of an Act amendatory of said above recited Act, and approved December 15, 1897, be amended by striking out said sections and substituting in lieu thereof the following: That the corporate limits of said town shall be three-fourths ([frac34]) of a mile in every direction from the point of intersection of the four original streets of said town. Woodbury, corporate limits. SEC. 2. Be it further enacted, That section vi of said above recited Act, and also section vi of an Act amendatory of the above recited Act, and approved December 15, 1897, be, and the same are, hereby amended by striking out all of said sections and substituting in lieu thereof the following: Section vi. Be it further enacted, That the mayor and councilmen of said town, before entening upon their duties of office, shall take oath before some person authorized to administer oaths faithfully and impartially to discharge the duties of their office, and a majority of said council

Page 1237

shall constitute a quorum for business, and shall have the power to fix, annually, the salary of the officers of said town; to levy and collect a tax on all the property within said town, not to exceed one hundred per cent. of the State tax; to levy and collect such tax on business occupations, theatrical exhibitions, and other performances exercised, performed or exhibited within the corporate limits of said town, and to fix such license on circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed proper; to cause to be worked all streets, roads and alleys in said town by all persons resident therein, subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such persons in lieu of working on such streets; to establish and open new streets in said town as the public interest may require; to make all ordinances, rules and regulations as they may deem necessary for the proper government of said town, not inconsistent with the laws of this State, and to preserve the good order and health of said town; to abate all nuisances within the corporate limits of said town; to establish markets and regulate all butcher-pens, tanyards, livery stables, blacksmith-shops, forges, stoves and chimneys in said town and remove the same or any part of them, in case they should become dangerous or injurious to the health or property of any citizen of said town; to elect a mayor pro tem. The mayor shall have authority to try offenders for violations of the ordinances, rules and regulations prescribed for the government of said town, and may punish violations of the same by a fine not to exceed fifty dollars, imprisonment not to exceed thirty days, to work on the streets of said town not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of said mayor, but there shall be the right of appeal from the decision of the mayor to the full council. Said mayor or council may fine for contempt not exceeding ten dollars, or imprison five days for such contempt. Mayor and council, corporate powers. 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 16, 1905.

Page 1238

WRENS, CHARTER AMENDED. No. 545. An Act to amend an Act entitled an Act to incorporate the town of Wrens, in the county of Jefferson; to define the corporate limits thereof; to provide a municipal government for said town, and to provide for the support and maintenance thereof by taxation and otherwise, and for other purposes, approved December 17, 1901, so as to change the corporate limits of said town and make provisions for entirely new limits. 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 amended by striking from said section all of the words following the word shall in the second line of said section, and inserting in lieu thereof the following words, to wit: begin at a stake on the banks of Brushy creek near where the Augusta Southern Railroad crosses said creek and run down said creek to another stake on the bank of said creek on the north side of said creek; thence south 63 degrees east a distance of ten chains to another stake; thence south 45 degrees east 11 chains to another stake; thence south 62 east 20 chains and 80 links to another stake; thence north 86 east 20 chains and 80 links to an iron stake; thence north 72 east 4 chains and 67 links to a stake; thence south 41 east 8 chains and 30 links to a stake, a sweet gum being a line tree on this line near the center; thence north 39 east 18 chains to a stake; thence south 70 east 10 chains and 30 links to a stake; thence north 14 east 39 chains and 6 links to a stake on the edge of the right of way of the Augusta Southern Railroad; thence north 3 east 26 chains and 50 links to stake on the south side of the public road known as Quaker road; thence along the south side of said road north 68 west 16 chains and 80 links; then north 81 west 21 chains and 50 links to where said Quaker road crosses the Augusta and Fenns bridge public road; thence still along the south side of said Quaker road north 68 west and 8 chains and 50 links to a stake; thence south 26 west 13 chains and 90 links to a stake; thence north 76 west 26 chains and 97 links to a stake; thence south 39 west 32 chains and 70 links to a stake; thence south 23 west 13 chains and 50 links to the stake where the line originally began, so that said section when so

Page 1239

amended shall read as follows, to wit: That the corporate limits of the said town of Wrens shall begin at a stake on the banks of Brushy creek near where the Augusta Southern Railroad crosses said creek and run down said creek to another stake on the bank on the north side; thence south 63 degrees east 10 chains to another stake; thence south 45 degrees east 11 chains to another stake; thence south 62 east 20 chains and 80 links to another stake; thence north 86 east 20 chains and 80 links to an iron stake; thence north 72 east 4 chains and 67 links to a stake; thence south 41 east 8 chains and 30 links to a stake (a sweetgum being a line tree on this line near the center); thence north 39 east 18 chains to a stake; thence south 70 east 10 chains and 30 links to a stake; thence north 14 east 39 chains and 6 links to a stake on the edge of the right of way of the Augusta Southern Railroad; thence north 3 east 26 chains and 50 links to a stake on the south side of the public road known as the Quaker road; thence along the south side of said road north 68 west 16 chains and 80 links; then north 81 west 21 chains and 50 links to where the Quaker road crosses the Augusta and Fenns Bridge public road; thence still along the south side of said Quaker road north 68 west 8 chains and 50 links to a stake; thence south 26 west 13 chains and 90 links to a stake; thence north 76 west 26 chains and 97 links to a stake; thence south 39 west 32 chains and 70 links to a stake; thence south 23 west 13 chains and 50 links to the stake where the line originally began. Wrens; corporate limits. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Repealing clause. Approved August 22, 1905.

Page 1240

TITLE II. BANKING CORPORATIONS. ACTS. Bank of Rockdale, directors. BANK OF ROCKDALE, DIRECTORS. No. 353. An Act to amend an Act to incorporate the Bank of Rockdale, in the city of Conyers, and for other purposes connected therewith, approved October 15, 1891, by striking the word seven from the third line of section 5 of said Act, and inserting in lieu thereof the word fifteen, 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 section 5 of an Act to incorporate the Bank of Rockdale, in the city of Conyers, and for other purposes connected therewith, approved October 15, 1891, be amended as follows: By striking the word seven from said section 5 of said Act and inserting in lieu thereof the word fifteen, so that section 5 of said Act shall read as follows: Section 5. Be it further enacted by the authority of the same, That the business and corporate powers of said bank shall be exercised by a board of not less than three nor more than fifteen 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 said directors who shall be a quorum for the transaction of business, the days of meetings of said board, and the salary of its officers. Each of said directors shall be a citizen of this State, and be owner, in his own name, of not less than five shares of stock, and 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. Bank of Rockdale, directors of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 21, 1905.

Page 1241

TITLE III. PRIVATE CORPORATIONS. ACTS. Etowah Hose Company, incorporated. ETOWAH HOSE COMPANY, INCORPORATED. No. 609. An Act to establish a volunteer fire company for East Rome, under name and style of Etowah Hose Company, Number One, and provide for its maintenance. The constantly increasing growth of East Rome, its importance as a place of residence and desirability for homes, demand adequate protection against loss by fire, whether by accident or design. SECTION 1. Therefore, be it enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and it is hereby enacted by the authority of the same, That Thos. E. Lloyd, Luke E. Walker, John E. Lyle, H. H. Lloyd, Albert W. Pruitt, G. H. Lyle, C. W. Hamilton, J. A. B. Lloyd, William Head, Brock Hollis, Hugh Blalock, Homer E. Henson, Robert Forster, Ernest McDurham and Romeo Jones, their associates and successors, are herein declared to be a body corporate in name, fact, and deed, known and designated under the corporate name and style of Etowah Hose Company, Number One; by such name it shall have perpetual succession of members and officers, under such name as a body politic it may sue and shall be sued, plead and be impleaded, in any of the several courts of this State; shall have power to make and use a common seal, alter and change the same at pleasure, power to establish such Constitution, laws and regulations consistent with the laws of the United States and of the State of Georgia, as may be framed and adopted by the

Page 1242

members and officers of said company, and ample power to change at will by amendment such Constitution, by-laws and regulations. Etowah Hose Company Number One,' incorporated. SEC. 2. Against its officers and members, such company may, by any means, and under such rules and regulations as are or may hereafter be established by it, in its corporate capacity, consistent with the laws of Georgia, impose and enforce the collection of fines, and, by a two-thirds vote of its officers and members in good standing, expel disobedient, defaulting and delinquent members and officers, and declare a forfeiture of the entire interest in said company, of such expelled members, which shall revert to and vest in said body politic and corporate. Rules and regulations. SEC. 3. Said corporation may at its pleasure require the attendance of its members and officers at meetings, parades, inspections, drills and fires; preserve order and maintain such discipline as will secure the highest efficiency of the organization. In order to secure the most effective discharge of all duties pertaining to said company, it is invested with the requisite power, authority and capacity incident to taking, receiving and holding under gift, grant, by purchase or otherwise, such lands, tenements, or other real and personal property, or such other real and personal property, as may be essential or convenient, in advancement of the purpose for which said corporation was created. Meetings. SEC. 4. Said company may from time to time invest its funds in the purchase of real and personal property, receive and retain grants, gifts, legacies and bequests tendered it, from any source and in any form whatsoever. The income derived from the rents, issues and profits of such property, shall be held and used by said company; the use and disposition of said income shall be determined by a two-thirds vote of all members of said company in good standing, who are neither delinquents, defaulters or indebted to said company. Property rights. SEC. 5. Said company may, by a two-thirds vote of the members in good standing, who are described in the preceding section, buy, sell or exchange any property, real or personal; for this purpose it may incur debt, secure the same by deed, mortgage or pledge, which debt shall at no time exceed one-half the assessed and taxable value of its property, means and estate. Debts. SEC. 6. Said Etowah Hose Company, Number One, created a private corporation under this Act, its members and officers shall at all times be subject to and under control and supervision of the municipal government of East Rome. On the first Monday in January, 1906, and annually thereafter, report in writing to said municipality, filing an inventory of its estate, the condition

Page 1243

thereof, funds received, how disbursed, the number of fires, the fire loss, number of officers and members, their names, the general condition of the company, its members and property. Municipal control. SEC. 7. To encourage said company and promote its efficiency, the officers and members shall be exempt from street tax, jury duty and militia duty, except in case of invasion, domestic insurrection and war. Said company shall consist of not less than fifteen, nor more than twenty-five members. All officers shall be elected viva voce or by ballot, as the company may beforehand determine, by a two-thirds vote of those present; no action shall be had unless three-fourths of the members in good standing, as eligible electors, are present and are actually voting on all questions which shall arise and be submitted to a vote. Street tax. Organization. SEC. 8. The mayor and council of East Rome are hereby authorized and empowered and, in their discretion may, once a year levy and collect an additional tax, of not exceeding four percentum, on the assessed value of all realty returned for taxation in East Rome, for the purpose of establishing a fire department in said town and aiding in the support and maintenance of the same. Fire department. SEC. 9. All laws and parts of laws in conflict with the above and foregoing provisions of this Act are hereby expressly repealed. Repealing clause. Approved August 22, 1905.

Page 1245

PART IV.RESOLUTIONS.

Page 1247

In relation to commission on market for cotton goods. In relation to Chinese Exclusion Act. In relation to channel at Carrabelle Harbor, Fla. In relation to injuries from Copper Mines at Ducktown, Tenn. Appropriation for Industrial College for Colored People. Appropriation for Georgia Academy for the Blind. Visiting committees to State University and other institutions. School for the Deaf, Code and Acts for. Appropriation to pay pensions to Confederate soldiers and widows In relation to Sanitarium for Consumptives. In relation to a public park at Tallulah Falls. Extending time of commission on registration of land titles. Examinations of convict camps. In relation to lines between Georgia and South Carolina. Authorizing Governor to borrow for deficiences. In relation to revision of tax laws. Dissolving Savannah Dredging Co. For relief of Mrs. M. A. Andrews. To pay G. R. Cochran for services as doorkeeper. For relief of Mrs. Dorothy Lynch. For relief of S. Newsom. For relief of O. T. Owen. For relief of M. C. Warlick. To open returns and declare result of State election. Unfinished business of Legislature carried over to session of 1906. In relation to unfinished business of Legislature. In relation to signing bills and resolutions. IN RELATION TO COMMISSION ON MARKET FOR COTTON GOODS. No. 46. WHEREAS, It is of the highest importance that new and wider markets should be found for American cotton goods; and Preamble. Whereas, While authentic reports show an encouraging increase in the volume of trade in American cotton goods in North China and in the Orient generally, there is an immense territory, both in the far East and in Central and South America, whose people know practically nothing of cotton goods of American or other manufacture; and Whereas, The New Orleans convention of January, 1905,

Page 1248

composed of cotton producers, Southern cotton manufacturers, bankers et al., suggested the creation of a national commission to inquire into and report in detail on the subject of additional markets for American cotton goods; and Whereas, The General Assembly of Georgia is in hearty sympathy with the Southern Cotton Association in its great work; therefore be it Resolved, by the House of Representatives, the Senate concurring, That our Senators in Congress be instructed, and our Representatives in Congress be requested, to use their best and most persistent efforts to have Congress authorize his Excellency, the President, without unnecessary, delay, to appoint a commission of capable gentlemen, representative not only of the South, but of the entire country, charged with the duty of visiting the territory referred to and studying its people and their condition, with a view to opening up new avenues to the trade in American cotton goods. Resolved further, That such commission should not only be composed of men qualified for the duties assigned them but should be liberally provided for by the General Government, to the end that they may devote themselves enthusiastically to the important work and mission committed to their hands. Commission on market for cotton goods. Resolved further, That a certified copy of the foregoing preamble and resolutions, duly attested, as soon as approved by his Excellency, the Governor, be transmitted by the secretary of the Senate and the clerk of the House of Representatives to each of our Senators and Representatives in Congress. To U. S. Senators and Representatives. Resolved further, That as soon as the foregoing preamble and resolutions have been approved by his Excellency, the Governor, it shall be the duty of the Secretary of State to prepare a certified copy and transmit the same, under the great seal of the State, to his Excellency, the President of the United States. To President of U. S. Approved August 22, 1905.

Page 1249

IN RELATION TO CHINESE EXCLUSION ACT. No. 30. Whereas, The Chinese Exclusion Act is now bearing its evil fruits in the boycott of American goods, and is likely to affect seriously our Southern products, as well as the Christian mission work in China, unless repealed or modified; therefore Preamble. Resolved, by the House of Representatives of the State of Georgia, the Senate concurring, That the President of the United States and the Congress thereof are respectfully urged to repeal or so modify what is known as the Chinese Exclusion Act as will not only restore friendly relations, but extend our commerce with that country. Chinese Exclusion Act. Resolved, That a copy of this resolution be forwarded to the President, Vice-President and Speaker of the National House of Representatives. To President. Vice-President and Speaker. Approved July 19, 1905. IN RELATION TO CHANNEL AT CARRABELLE HARBOR, FLA. No. 15. To memoralize the Congress of the United States to appropriate money to deepen the channel at Carrabelle Harbor, Florida. Whereas, The Legislature for the State of Florida at its last session passed a resolution memorializing Congress to appropriate money for the purpose of deepening the channel at Carrabelle Harbor, Florida; and Whereas, The said State of Florida is a Southern State, and a sister State of Georgia, and said harbor is only a short distance from the border line of said State of Georgia; and Preamble. Whereas, Should said harbor be deepened it would be of incalculable benefit not only to the State of Florida, but also to the State of Georgia; be it Resolved, By the House of Representatives, the Senate concurring, That our Senators and Representatives in Congress are hereby requested to introduce in the next United States Congress some suitable measure towards making a sufficient appropriation

Page 1250

of money for Carrabelle Harbor to deepen the channel of said harbor so as to allow sea-going vessels, and other water crafts, to take on and discharge their cargoes at the wharves of the said town of Carrabelle, Florida, the appropriations heretofore made by Congress being wholly inadequate for said purpose, which is materially to the detriment of the great business interests of the State of Florida and to the State of Georgia, and especially to the southern counties of the State of Georgia lying contiguous to the section. Channel of Carrabelle Harbor. Approved July 19, 1905. IN RELATION TO INJURIES FROM COPPER MINES AT DUCKTOWN, TENN. No. 17. Whereas, The General Assembly on August 17, 1903, provided for a commission to investigate the damage being done by the copper reduction works at and near Ducktown, Tennessee, to the fruit, agricultural and timber interests in certain counties in this State, and in pursuance thereof the commission reported that great damage was being done the territory in Georgia contiguous to the Ducktown district, said damage being caused by the smoke, sulphur fumes and noxious, poisonous vapors and gases generated by the roast-heaps, pits, ovens and appliances of the Ducktown copper companies; and Preamble. Whereas, The Governor, under the authority in him vested by said Act, caused to be instituted a suit in the Supreme Court of the United States to abate the nuisance and injury by restraining and enjoining such methods of roasting and reducing the copper ores; and Whereas, Pending the suit the Ducktown copper companies agreed to abandon that method of treating the ores and to institute a new method, which it was hoped and believed would entirely remove the offensive gases; and in pursuance of that agreement, the State dismissed its suit and the copper companies abandoned the method complained of and have since instituted a new process, which new process it is reported is equally injurious to all manner of vegetation as the former method; therefore be it Resolved, by the Senate, the House concurring, That a commission

Page 1251

be appointed, consisting of the commissioner of agriculture, State chemist, State geologist, Will. H. Shippen and Judge J. R. Chastain, and they are hereby authorized and directed to investigate the present conditions, report the same to the Governor as soon as possible, and that the Governor be, and is, hereby authorized and directed to take such steps as he may deem advisable and appropriate in conformity with the report of the commission to correct and prevent further injury; and that the Attorney-General be, and he is, hereby instructed to take such legal steps as may be necessary to abate the nuisance, if one be found to exist. Ducktown Copper Works. Approved August 15, 1905. APPROPRIATION FOR INDUSTRIAL COLLEGE FOR COLORED PEOPLE. No. 460. Whereas, The Georgia State Industrial College for colored people at Savannah, Ga., is a regular State institution, drawing an appropriation for maintenance; and Whereas, There is now completed by the students of said institution a handsome three-story brick building for class-rooms; and Preamble. Whereas, It is very important that said building be equipped with water, light and heat; therefore be it Resolved, by the House of Representatives, the Senate concurring, That the sum of $5,000, or so much thereof as shall be necessary, be, and the same is, hereby appropriated for said purpose of placing in said building said appliances for said heating, lighting and furnishing water for said new building, and that said improvements be made as early as practicable under the supervision and direction of the board of trustees of said Georgia Industrial College for colored people. Appropriation for Georgia Industrial College for Colored People. Approved August 22, 1905.

Page 1252

APPROPRIATION FOR GEORGIA ACADEMY FOR THE BLIND. No. 99. A resolution to authorize the trustees of the Georgia Academy for the Blind to apply certain unexpended balances remaining from previous appropriations to the erection and equipment of the new buildings for said academy; and also to authorize said trustees to expend so much of the annual appropriation made for the support and maintenance of said academy for the blind for the year 1906 as may not be needed for the support, maintenance and operation of said academy for the year 1906 in the erection and equipment of the new buildings for said academy. Whereas, The trustees for the Georgia Academy for the Blind have, under the authority conferred upon them by the Act of the General Assembly, approved August 13, 1904, sold the buildings and grounds on which said academy was located, in Macon, Georgia, receiving therefor the sum of fifty thousand ($50,000.00) dollars; and Preamble. Whereas, The said trustees have expended from the proceeds of said sale the sum of twelve thousand ($12,000.00) dollars in the purchase of twenty (20) acres of land near the city of Macon on which to erect new buildings for said academy, leaving only the sum of thirty-eight thousand ($38,000.00) dollars in their hands from said proceeds to be used for such purpose; and Whereas, The operation of the academy for the blind white children will, under the terms of said Act of August, 1904, be suspended until September, 1906; and Whereas, In consequence thereof, and after allowing for conducting the academy for the colored blind children for the remainder of the present year, and after deducting sundry other expenses, there will remain from the total appropriation for 1905 the sum of approximately nine thousand dollars unexpended by the said trustees; now, therefore, the General Assembly of the State of Georgia do hereby enact: SECTION 1. That the said trustees for the Georgia Academy for the Blind be, and they are, hereby authorized to add said unexpended balance of nine thousand ($9,000) dollars, together with the sum of two hundred and sixty-seven dollars and fifty-five cents ($267.55) remaining from the previous extra appropriation for repairs for said academy, to said fund of thirty-eight

Page 1253

thousand dollars ($38,000.00) now in their hands, and apply such fund to the erection and equipment of the new buildings for said academy. Appropriation for Georgia Academy for the Blind. SEC. 2. Be it further enacted by the authority aforesaid, That the trustees of the Georgia Academy for the Blind be, and they are, hereby authorized to expend in the erection and equipment of the new buildings which are about to be constructed for the said academy so much of the annual appropriation made for the support and maintenance of said academy for the blind for the year 1906 as may not be needed for the support, maintenance and operation of said academy for the blind during the said year 1906. Buildings for academy. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1905. VISITING COMMITTEES TO STATE UNIVERSITY AND OTHER INSTITUTIONS. No. 143. A Resolution providing for the appointment of sub-committees to visit and inspect the University of Georgia and its branches, the Academy for the Blind and School for the Deaf, when the General Assembly is not in session, and for other purposes. Whereas, It has been impossible and impracticable for the committees of the General Assembly to visit and inspect the University of Georgia and its branches, the Academy for the Blind and School for the Deaf, because of the great volume of business before the General Assembly demanding their attention, and because these institutions are now in vacation; therefore be it Preamble. Resolved, That sub-committees, consisting of five from the House and three from the Senate, be appointed by the Speaker of the House of Representatives and the President of the Senate, respectively, after conferring with the chairmen of the committees of the University of Georgia and its branches, in the House, and the committee of education, in the Senate, and that sub-committees, five from the House and three from the Senate, be appointed to visit and inspect the Academy for the Blind and School for the Deaf, after conferring with the chairmen of these committees,

Page 1254

and that these several sub-committees report to the standing committees at the next session of the General Assembly. Visiting committees to educational institutions. Resolved further, That the members of these sub-committees be paid their regular per diem while thus employed for not exceeding five days, and that their actual expenses be paid on an itemized statement. Approved August 23, 1905. SCHOOL FOR THE DEAF, CODE AND ACTS FOR. No. 28. Resolved, by the Senate, the House concurring, That the State Librarian be, and is, hereby authorized and directed to furnish to the authorities of the School for the Deaf the Code of Georgia and all of the Acts of the General Assembly, in so far as the same can be done. Code and laws for School for the Deaf. Approved August 22, 1905. APPROPRIATION TO PAY PENSION TO CONFEDERATE SOLDIERS AND WIDOWS. No. 21. Whereas, There is a deficit in the appropriation made to pay the Confederate soldiers and the widows of Confederate soldiers their pensions for the year 1905 in the total sum of twenty-seven thousand five hundred and eighty dollars, to wit: Preamble. 331 indigent soldiers $19,860 45 widows 2,700 33 disabled soldiers 1,660 56 indigent widows 3,360 $27,580 Be it therefore resolved, by the General Assembly of the State of Georgia, That the sum of twenty-seven thousand five hundred and eighty dollars, or so much thereof as may be necessary, be,

Page 1255

and the same is, hereby appropriated, to be paid out of any money in the treasury of the State, to enable the payment to be made to these pensioners, unpaid, whose names were approved and put on rolls to be paid in 1905. Appropriations to pay pensions. Approved July 26, 1905. IN RELATION TO A SANITARIUM FOR CONSUMPTIVES. No. 20. Resolved, by the Senate and House of Representatives in general court convened, That the Governor be, and is, hereby authorized and instructed to appoint a committee, consisting of three members, one of whom shall be the secretary of the State board of health, the other two members to be designated for appointment by the council of the Medical Association of Georgia, to consider the question of a State Sanitarium for Consumptives; and who shall report to the next Legislature the best location for and probable cost of erection and maintenance of such an institution, together with such recommendations as they deem proper (the report to be submitted to the Legislature sometime during the first twenty days of the session), the committee to serve without pay, except actual necessary expenses, which shall be paid from money in the treasury, not otherwise appropriated; and the Governor is hereby authorized to draw his warrant for the same. Sanitarium fo Consumptives. Approved August 22, 1905. IN RELATION TO A PUBLIC PARK AT TALLULAH FALLS. No. 43. Whereas, The great natural scenery of and adjacent to Tallulah Falls, in the counties of Rabun and Habersham, is favorably attracting the attention of the State and of the United States; and Preamble. Whereas, This famous resort and pleasure ground has for a long period of time been a source of pleasure, profit and pride to the citizens of this State; and

Page 1256

Whereas, The property comprising said falls and adjacent territory is now owned and in possession of private individuals, who are denuding the same of its magnificent forest and are otherwise dismantling and disfiguring the same, and who have closed, or partially closed, the same to the public; and Whereas, It is the best interest of this State that the State should own said great resort and sufficient property adjacent to the same for its protection and attraction; and Whereas, Said resort should be converted into a public park, which shall be open at all times to the public; therefore be it Resolved, by the Senate, the House concuring, That a committee of three from the Senate and five from the House, said committee to be appointed by the presiding officers of this General Assembly, whose duties it shall be to inspect the said Tallulah Falls and adjacent territory, ascertain the cost of same, and do such other and further acts in the premises as said committee may see fit, looking to the final purchase of said property, and make its report to this General Assembly at its next session. Public park at Tallulah Falls. Resolved further, That said investigation shall be made without cost to the State. Approved August 22, 1905. EXTENDING TIME OF COMMISSION ON REGISTRATION OF LAND TITLES. No. 132. Whereas, The commission on the registration of land titles has reported to the General Assembly its inability to fully discharge its duties during the present session; and Preamble. Whereas, Said commission asks for additional time within which to complete its work; therefore be it Resolved, by the House of Representatives, the Senate concurring, That the commission on the registration of land titles, appointed under a joint resolution of the House and Senate, approved August 5, 1903, and continued in force by a further resolution, approved August 3, 1904, be, and the same is, hereby continued in full force and effect, with all of its powers as now constituted; and said commission is directed to report to the next session of the General Assembly whether the Torrens system, or

Page 1257

some similar system, for the registration of land titles, is advisable and practicable in and for this State. Registration of land titles. Approved August 23, 1905. EXAMINATION OF CONVICT CAMPS. No. 31. Whereas, It is impracticable and virtually impossible to visit, thoroughly inspect and examine the various State and county convict camps of this State within the limited time of the present session of the General Assembly; and Preamble. Whereas, It is essential to both the State and these camps that such visit, thorough inspection and examination be made; therefore be it Resolved, by the Senate, the House concurring, That the chairmen of the House and Senate penitentiary committees appoint, each from their respective committees, sub-committees of five (5) from the House and three (3) from the Senate, which said sub-committees shall during vacation visit, thoroughly inspect and examine all the convict camps of this State required by law to be examined, which have not been visited, thoroughly inspected and examined at the session of the General Assembly. Inspection of convict camps by joint committees. Be it further resolved, by the authority aforesaid, That the chairmen of the respective penitentiary committees of the House and Senate designate to their respective sub-committees the convict camp or camps to be visited, thoroughly inspected and examined by each of said sub-committees, and that a joint visit, inspection and examination of the sub-committees from the House and Senate is hereby authorized. Be it resolved, by the authority aforesaid, That the several sub-committees make complete reports of their acting and findings to this General Assembly at its next session. Be it further resolved, by the authority aforesaid, That the members of the said several sub-committees receive the same per diem each as other members of the General Assembly, together with their actual necessary expenses; provided, that the time of service of said sub-committees shall not exceed ten days for each committeeman. Per diem of committeemen. Approved August 23, 1905.

Page 1258

IN RELATION TO LINES BETWEEN GEORGIA AND SOUTH CAROLINA. No. 44. Whereas, There is a dispute in the lines between the State of Georgia and the State of South Carolina, and especially in that part of the line between the counties of Habersham, Georgia, and Oconee, South Carolina; therefore be it Preamble. Resolved, by the Senate, the House of Representatives concurring, That the Governor of Georgia be, and is, hereby requested to confer with the Governor of South Carolina and take such steps as are necessary to settle and locate the lines between said States and counties. Line between Georgia and South Carolina. Approved August 22, 1905. AUTHORIZING GOVERNOR TO BORROW FOR DEFICIENCIES. No. 85. Resolved, by the House of Representatives, the Senate concurring, That should it become necessary at any time previous to the next meeting of the General Assembly to supply casual deficiencies in the revenue of the State, the Governor shall be, and he is, hereby authorized to borrow, on the best terms he can, a sum of money sufficient, not to exceed two hundred thousand dollars, to supply casual deficiencies, within the terms of the Constitution; and the money so borrowed shall be used for the purpose specified and no other. Casual deficiencies. Approved August 21, 1905.

Page 1259

IN RELATION TO A REVISION OF TAX LAWS. No. 16. Be it resolved, by the Senate, the House concurring, That a joint committee of three from the Senate and five from the House be appointed, respectively, by the President of the Senate and the Speaker of the House, for the purpose of considering the necessity of revision and amendment of the tax laws and system of this State. Said joint committee shall have power and authority to sit during the vacation of the General Assembly, and shall report by bill, resolution or otherwise, on the first day of the next session of this General Assembly. Revision of tax laws Be it further resolved, That the Comptroller-General be, and he is, hereby requested, in his official capacity, to meet, advise and co-operate with and assist said joint committee in the discharge of the duties and the preparation of its report under this resolution. Co-operation of Comptroller-General. Approved August 22, 1905. DISSOLVING THE SAVANNAH DREDGING CO. No. 38. Whereas, The Savannah Dredging Company, a corporation created under the laws of this State, has liquidated its business and affairs, and made petition to the General Assembly of this State surrendering its charter and franchises, and praying for the dissolution of said corporation; therefore be it Preamble Resolved, by the General Assembly of the State of Georgia, That the said surrender of the charter and franchises of said Savannah Dredging Company to the State of Georgia be, and it is, hereby accepted, and the said corporation is hereby declared dissolved. Savannah Dredging Co. dissolved. Approved August 23, 1905.

Page 1260

FOR RELIEF OF MRS. M. A. ANDREWS. No. 39. Whereas, Mrs. M. A. Andrews, widow of Green Andrews of Troup county, deceased, was prior to the year 1904, upon a regular application and on proof, placed upon the indigent widows' pension rolls from Troup county, Georgia, in the office of the commissioner of pensions of this State, under the laws providing for pensions for widows of deceased Confederate soldiers, and as such widow did receive a pension prior to the year 1904; and Preamble. Wheras, The pension duly allowed her, as aforesaid, was withheld from said Mrs. M. A. Andrews during the year 1904, because of absence from the State on a visit to her daughter near Bearden, Arkansas, but without any intention of changing her domicile from Georgia to Arkansas, she being detained in the latter State by a protracted spell of sickness, which exhausted all the funds she had on hand, and could not return to Georgia until her relatives raised money and sent it to her; that her name is now on such roll for 1905, but that she has not drawn her pension for 1904 because of such absence; and Whereas, The said Mrs. M. A. Andrews has now returned to her home in Troup county, Georgia, and has never changed her domicile from Georgia, but has been a bona fide resident thereof; therefore be it Mrs. M. A. Andrews. 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 M. A. Andrews for sixty dollars for the year 1904, the same being due her for her pension for that year, and the said sum of sixty dollars is hereby appropriated for the payment of the same. Pension of Approved August 22, 1905.

Page 1261

TO PAY G. R. COCHRAN FOR SERVICES AS DOORKEEPER. No. 103. Be it resolved by the House of Representatives, the Senate concurring, that Whereas, Owing to the continued illness of the principal doorkeeper of the House of Representatives, the duties of said doorkeeper have devolved upon G. R. Cochran, who has performed the same faithfully and to the satisfaction of the House, the said G. R. Cochran be paid the sum of four dollars per diem for the session, and that a sufficient sum to pay the same is hereby appropriated, and the Governor is authorized to draw his warrant for the same. G. R. Cochran, payment for services as doorkeeper. Approved August 23, 1905. FOR RELIEF OF MRS. DOROTHY LYNCH. No. 121. Whereas, Mrs. Dorothy Lynch, of Ware county, Ga., is the widow of John Lynch, a deceased Confederate veteran, and Preamble. Whereas, She is now properly on the pension roll and drawing a pension as an indigent widow as now provided by law; and Whereas, The said Mrs. Dorothy Lynch filed proper proof along with a petition placing her upon said roll for the year 1904; and, Whereas, By reason of delay in the transmission of her said petition by due course of mail the said application did not reach the Pension Commissioner until one or two days after the examination of such petition had been closed for the year 1904, and as a result of said delay she, the said Mrs. Dorothy Lynch, did not participate in the fund set aside for that year. Be it, therefore, Resolved, by House of Representatives, the Senate concurring, that the sum of sixty dollars be declared to be due the said Mrs. Dorothy Lynch as an indigent widow for the year 1904. Be it further Mrs. Dorothy Lynch. Resolved, That the Governor of Georgia be, and he is, hereby authorized to draw his warrant upon the Treasurer of Georgia

Page 1262

in favor of the said Mrs. Dorothy Lynch, to be paid out of any moneys not otherwise appropriated. Be it further Pension of. Resolved, That all laws and parts of laws in conflict with this resolution be, and the same are, hereby repealed. Approved August 18, 1905. FOR RELIEF OF S. NEWSOM. No. 36. Whereas, S. Newsom did, on the 28th day of March, 1902, become bail for the appearance of one George Palmer, at the April term, 1902, of the city court of Sandersville, in Washington county, which said bond was forfeited by reason of the non-appearance of said Georgia Palmer at said term of the court; and Preamble. Whereas, Executions issued upon the forfeiture of said bond for the principal sum of one hundred and fifty dollars and costs, which was paid by the said S. Newsom, to the treasurer of Washington county, said sum being covered into the treasury of said county; and Whereas, The said George Palmer was afterwards recaptured by the said S. Newsom, paying a large reward therefor as well as all the expense of bringing the said George Palmer back to Georgia from the city of Norfolk, Virginia, where he was captured, and the said George Palmer was tried and found not guilty; therefore, be it Resolved, By the House of Representatives, the Senate concurring, That inasmuch as the purpose for which said bond was given was fully accomplished, the treasurer of Washington county is hereby authorized and directed to pay to said S. Newsom the sum of one hundred and fifty dollars from any funds in the hands of the treasurer of said county not appropriated for other purposes; provided, however, that the said S. Newsom, the said surety on the within described bond, shall have first paid all costs in forfeiting said bond. S. Newsom, for relief of. Approved August 19, 1905.

Page 1263

FOR RELIEF OF O. T. OWEN. No. 26. Whereas, On the 10th day of December, 1903, O. T. Owen, of the county of Madison, signed as security the bond of Erwin Colbert for the sum of $200.00 for his appearance at the March term, 1904, of the Madison superior court, to answer to the offense of an assault with intent to murder; and Preamble. Whereas, At said term of said court said Colbert was sick and unable to attend said court at which term said bond was forfeited, and a rule nisi ordered to be issued; and Whereas, At the September term, 1904, said Colbert appeared and filed his answer to said rule nisi, and said case was continued at said term; and Whereas, at the March term, 1905, said Colbert not being in court when said case was called, a rule absolute was ordered; and Whereas, During said term said O. T. Owen, his security on said bond, brought him into court and delivered him to the sheriff of said county before the jurors had been dismissed; and Whereas, A fi. fa. was issued on said rule absolute against said Colbert as principal and said O. T. Owen as security for the sum of $200.00 principal and $15.50 costs; be it Resolved, by the General Assembly of Georgia, That said O. T. Owen, security, be relieved from the payment of said principal sum of $200.00; be it further O.T. Owen, for relief of. Resolved, That he shall not be relieved from the payment of costs of said proceedings, to wit: the sum of $15.50, and that when said costs are paid the clerk of the superior court of said county is hereby authorized to mark said fi. fa. satisfied and to cancel the same on the records of said court. Approved August 22, 1905. FOR RELIEF OF M. C. WARLICK. No. 10. Whereas, M. C. Warlick, of the county of Rabun, did, on the 24th day of September, 1903, become surety on the bail bond of C. C. Aldredge for his appearance at the February term, 1904, of the superior court of said Rabun county to answer to an indictment for the offense of carrying concealed weapons; and Preamble.

Page 1264

Whereas, At said February term, 1904, said Aldredge failed to appear in compliance with the terms and conditions of said bail bond, and then and thereupon a rule nisi was issued; and Whereas, At the August term, 1904, a rule absolute and final judgment were obtained on said bail bond against the said Warlick for the sum of $100 and costs; and Whereas, The said Warlick has at considerable expense to himself gone to the State of Tennessee, arrested the said Aldredge, and did on the 27th day of March, 1905, deliver him to T. E. Carver, sheriff of said Rabun county; be it, therefore, Resolved, by the General Assembly of the State of Georgia, That the said M. C. Warlick be, and he is, hereby relieved of any and all liability on said bail bond, and the judgment and execution thereon are hereby declared to be null and void and of no effect so far as M. C. Warlick is concerned, and the clerk of the superior court of Rabun county is authorized and directed to mark the same satisfied as against said Warlick; provided, however, said security on said bail bond shall not be relieved from paying the cost arising from the forfeiture of the same. M. C. Warlick, for relief of. Approved August 22, 1905. TO OPEN RETURNS AND DECLARE RESULT OF STATE ELECTION. No. 1. Resolved, That the House and Senate meet in joint session on Friday, the 30th instant, at 11 o'clock, a.m., for the purpose of opening the returns of the State election and declaring the result. Election returns. Approved July 19, 1905. UNFINISHED BUSINESS OF LEGISLATURE CARRIED OVER TO SESSION OF 1906. No. 42. Resolved, by the Senate, the House concurring, That all unfinished business of the present session be continued and carried over to the session of 1906 of the General Assembly of Georgia. Unfinished business. Approved August 22, 1905.

Page 1265

IN RELATION TO UNFINISHED BUSINESS OF LEGISLATURE. No. 163. Resolved, by the House of Representatives, the Senate concurring, That John T. Boifeuillet, clerk of the House, and C. S. Northen, secretary of the Senate, be instructed to prepare, publish and mail to each member of the General Assembly a statement showing the unfinished business of this session at the time of adjournment, and the status of each pending bill and resolution. Unfinished business. Approved August 21, 1905. IN RELATION TO SIGNING BILLS AND RESOLUTIONS. No. 164. 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 Secretary of the Senate be, and they are, hereby authorized to remain at the capitol five days after adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Unfinished business. Resolved further, That the chairmen, respectively, of the Enrollment and Auditing Committees of the House and Senate, together with the members of the House and Senate Enrollment Committees and two members of the House Auditing Committee and two members of the Senate Auditing Committee, to be designated by the chairmen thereof, be, and they are, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Resolved further, That the postmistress of the House be, and she is, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly for the purpose of

Page 1266

distributing and forwarding the members' mail, and that she be allowed her per diem for said time. Resolved further, That two (2) porters of the House and one porter of the Senate be, and they are, hereby authorized to remain at the capitol five days after the adjournment of the General Assembly, and that they be allowed their per diem for said time. Approved August 18, 1905.

Page 1267

INDEX. A ADAIRSVILLE Election for light and water bonds 602 AFFIDAVITS Made out of this State, attestation of 103 AGRICULTURE Commissioner of, clerk's salary 73 ALBANY Assessments for street improvements 605 Corporate limits extended 606 AMERICUS Judge and solicitor of city court 170 APPLING COUNTY Act creating board of commissioners amended 549 APPROPRIATIONS For support of government and institutions 7 For State Sanitarium 19 For Georgia Normal and Industrial College 20 For payment of certain salaries 21 For Industrial College for colored people 1251 For Georgia Academy for the Blind 1252 For Confederate soldiers and widows, pensions 1254 For Mrs. M. A. Andrews 1260 For Mrs. Dorothy Lynch 1261 For G. R. Cochran 1261

Page 1268

ARLINGTON Public school system for 429 Charter amended 607 ATLANTA Charter amended 613 ATTORNEY-GENERAL Salary of 94 ASHBURN State depository in 71 AUDITORS County, duties and compensation 107 AUGUSTA Charter amended 619 AUSTELL Public school system for, abolished 434 New charter for 620 AVERA Special or license tax 636 B BALL GROUND License to sell liquors 637 BANK OF ROCKDALE Directors of 1240

Page 1269

BANKS Loans by, to officers of, security for 74 Liens against, for collaterals 100 BANKRUPTCY Debts discharged in, revival of 101 BARTOW COUNTY City court of, Act creating amended 173 BATHERS IN SURF Protection of 115 BAXLEY City court of, Act creating amended 174 Charter amended 638 BERRIEN County court of, abolished 416 Compensation of commissioners and clerk 557 BIBB COUNTY Superior court of, terms of 88 Support of Macon Hospital 553 Auditor for 554 Convict farm 555 BILLS OF EXCEPTIONS How amended 84 BLACKSHEAR New charter for 639 BLAKELY Act establishing dispensary amended 668

Page 1270

BOGART Town of incorporated 670 BOSTON Board of education for 434 BRADSHAW SCHOOL DISTRICT Incorporated 436 BRUNSWICK Charter amended 678 Charter amended 680 BUENA VISTA Public school system for 440 Watersworks bonds 687 Sinking fund to pay bonds 688 BUFORD City court of, Act creating amended 179 BURKE COUNTY Commissioners' clerk, etc 558 BYROMVILLE Town of, incorporated 690 C CAMAK School tax 695 CAMILLA City court of, established 184 High School, trustees for 442 Charter amended 697

Page 1271

CAPTAINS OF STEAMBOATS Police powers of 113 CAMPTON Town of, incorporated 698 CANTON Charter amended 706 CARCASSES OF DEAD ANIMALS Disposition of 85 CARLTON, WM. A. For relief of 596 CARNESVILLE City court of, Act creating repealed 192 City court of, Act creating amended 193 CARRABELLE HARBOR Channel of 1249 CARROLLTON Tax returns 716 CENTERVILLE SCHOOL DISTRICT Incorporated 443 CHINESE EXCLUSION ACT Modification of 1249 CHICKAMAUGA SCHOOL DISTRICT Incorporated 446

Page 1272

CHIPLEY Charter amended 718 CITY COURT STENOGRAPHERS Compensation of 98 CITY COURT JUDGES Salary of 100 CLARKESVILLE Charter amended 719 CLARKSTON Charter amended 730 CLAXTON State depository in 71 CLAYTON COUNTY Protection of fish 558 CLERK OF COUNTY COMMISSIONERS County auditor 107 CLIMAX Town of, incorporaed 730 CLINTON Removal of county site from 118 COBBTOWN Town of, incorporated 732 COCHRAN, G. R. Appropriation for 1261

Page 1273

CODE AMENDMENTS Volume 1, section 812, tax returns of corporations, arbitration 68 Volume 1, section 982, State depository in Swainsboro. 70 Volume 1, section 982, State depository in Donalsonville 70 Volume 1, section 982, State depository in Claxton 71 Volume 1, section 982, State depository in Ashburn 71 Volume 1, section 982, State depository in Nashville 72 Volume 1, section 1694, oyster beds, preservation of 73 Volume 1, section 1791, Commissioner of Agriculture, salary of clerk 73 Volume 2, section 1914, loans to officers of banks, security for 74 Volume 2, section 2035, deposits by foreign insurance companies 75 Volume 2, section 2043, deposits by home insurance companies 76 Volume 2, section 2061, deposits by assessment insurance companies 77 Volume 2, section 2347, rights-of-way of telephone companies 79 Volume 2, section 2388, building and loan associations, loans by 83 Volume 2, section 3251, processioners, returns of 83 Volume 2, section 5536, judge's certificate to bill of exceptions 84 Volume 3, section 495, carcasses of dead animals disposition of 85 Volume 3, section 511, rocking or shooting at or in cars 86 COFFEE COUNTY Election of commissioners, etc 559 COHUTTA Charter repealed 739 COLORED TROOPS Retired 166

Page 1274

COLUMBUS Charter amended 757 Charter amended 758 City court of, jurisdiction, etc. 196 COLLINS SCHOOL DISTRICT Incorporated 450 COLLINS Town of, charter repealed 739 City of, incorporated 740 COLQUITT City of, incorporated 765 COMER Bonds for school buildings 454 Corporate limits extended 767 COMMISSIONER OF PENSIONS Clerk's salary 123 CONFEDERATE SOLDIERS AND WIDOWS Census of 122 Pensions of 133 CONSTITUTION Amendment of 66 CONVICT CAMP Inspection of 1257 CONVICTS, FELONY Hire of 125

Page 1275

COPPER MINES AT DUCKTOWN Injuries from 1250 CORNELIA Charter amended 768 COUNTIES Organization of new 46 COUNTY OF CRISP Organization of 52 COUNTY OF GRADY Organization of 54 COUNTY OF JEFF DAVIS Organization of 55 COUNTY OF JENKINS Organization of 57 COUNTY OF STEPHENS Organization of 58 COUNTY OF TIFT Organization of 60 COUNTY OF TOOMBS Organization of 62 COUNTY OF TURNER Organization of 63

Page 1276

COUNTY AUDITORS Duties and compensation 107 COUNTY SITE, CHANGED Courts, where held 104 COTTON BOLL WEEVIL Protection against 108 COTTON GOODS Market for 1247 COURTS (CITY AND COUNTY) City court of Americus, judge and solicitor, election of 170 City court of Bartow county, Act creating amended 173 City court of Baxley, Act creating amended 174 City court of Buford, Act creating amended 179 City court of Camilla, Act creating repealed 183 City court of Camilla, established 184 City court of Carnesville, Act creating repealed 192 City court of Carnesville, Act creating amended 193 City court of Columbus, jurisdiction of, etc 196 City court of Dalton, established 197 City court of Douglas, Act creating amended 206 City court of Dublin, Act creating amended 209 City court of Eastman, established 210 City court of Fayetteville, Act creating amended 221 City court of Fitzgerald, established 222 City court of Floyd county, Act creating amended 240 City court of Forsyth, Act creating amended 242 City court of Gwinnett county, abolished 244 City court of Hartwell, Act creating amended 245 City court of Jefferson, Act creating amended 246 City court of Jeffersonville, established 248 City court of Jonesboro, abolished 262 City court of La Grange, Act creating amended 263 City court of Leesburg, established 266 City court of Lexington, Act creating amended 276

Page 1277

City court of McRae, abolished 278 City court of McRae, established 279 City court of Miller county, established 291 City court of Monroe, established 303 City court of Nashville, established 314 City court of Pelham, established 325 City court of Quitman, Act creating amended 334 City court of Reidsville, established 335 City court of Sandersville, Act creating amended 346 City court of Sandersville, Act creating amended 350 City court of Savannah, judges of, election of 351 City court of Savannah, defaults in, how opened 352 City court of Sparta, established 353 City court of Statesboro, Act creating amended 363 City court of Sylvania, Act creating amended 366 City court of Sylvester, abolished 368 City court of Sylvester, established 369 City court of Tattnall county, abolished 382 City court of Thomasville, established 383 City court of Valdosta, Act creating amended 395 City court of Washington, established 399 City court of Washington, abolished 413 City court of Waycross, Act creating amended 414 County court of Berrien, abolished 416 County court of Dade, abolished 417 County court of Hancock, abolished 418 County court of Lee, abolished 418 County court of Liberty, judge and solicitor, election of 419 County court of Miller, abolished 420 County court of Thomas, abolished 421 County court of Twiggs, abolished 422 County court of Walton, abolished 422 D DACULA Town of, incorporated 781 DADE County court of, abolished 417

Page 1278

DALLAS Charter amended 784 DALTON City court of, established 197 DANVILLE Town of, incorporated 787 DAVISBORO SCHOOL DISTRICT Incorporated 456 DAWSON Charter amended 790 DECATUR Charter amended 791 DEPOSITS By foreign insurance companies 75 By home insurance companies 76 By assessment insurance companies 77 DONALSONVILLE State depository in 70 DOUGLAS City court of, Act creating amended 206 DRUNKENNESS In public places, misdemeanor 114

Page 1279

DUBLIN City court of, Act creating amended 209 New charter for 792 E EASTMAN City of, incorporated 814 City court of, established 210 EAST POINT Corporate limits extended 819 EAST ROME Charter amended 820 EDGEWOOD Charter amended 823 ELBERTON Charter amended 824 ELECTIONS, PRIMARY Buying votes in, prohibited 111 EMBALMERS Exempt from jury duty 105 ETOWAH HOSE COMPANY, NUMBER ONE Incorporated 1241 EVIDENCE Additional in Supreme Court 84

Page 1280

F FANNIN COUNTY Cattle quarantine 562 FAYETTEVILLE City court of, Act creating amended 221 FISH AND GAME Protection of 112 FITZGERALD City court of, established 222 Charter amended 826 FORSYTH Charter amended 828 City court of, Act creating amended 242 FLOYD COUNTY City court of, Act creating amended 240 Protection of fish 560 Manufacture of liquors 561 Fees of officers 561 FULTON COUNTY Superior court of, terms of 89 G GAME AND FISH Protection of 112 GARFIELD Town of, incorporated 829

Page 1281

GEORGIA STATE REFORMATORY Established 127 GEORGIA ACADEMY FOR THE BLIND Appropriation for 1252 GEORGIA AND SOUTH CAROLINA Dividing line 1258 GIFTS TO MUNICIPALITIES For parks and other public uses 117 GILMER COUNTY Cattle quarantine 562 GLENNVILLE City of, incorporated 833 GOOD HOPE Town of, incorporated 855 GOVERNOR Shall borrow to meet casual deficiencies 1258 GRADY COUNTY Organization of 54 GRAY Made county site 118 GRAYMONT Town of, charter repealed 864 City of, incorporated 864

Page 1282

GRAYSVILLE Town of, incorporated 876 GRIFFIN Tax-collector and sanitary inspector 880 Charter amended 881 GUYTON Schoolhouse and artesian well 882 GWINNETT COUNTY City court of, abolished 244 H HADDOCK Town of, incorporated 884 HAMPTON SCHOOL DISTRICT Incorporated 460 HANCOCK County court of, abolished 418 HARALSON SCHOOL DISTRICT Incorporated 469 HARTWELL City court of, Act creating amended 245 HAWKINSVILLE Charter amended 886 Charter amended 887

Page 1283

HIRAM Charter amended, 889 HOGANSVILLE Waterworks and electric lights 890 HOPEFUL SCHOOL DISTRICT Incorporated 469 HOWELL Town of, incorporated 891 HULL Town of, incorporated 893 I INDUSTRIAL COLLEGE FOR COLORED PEOPLE Appropriation for 1251 INSURANCE COMPANIES Foreign, deposits by 75 Home, deposits by 76 Assessment, deposits by 77 INSURANCE, INDUSTRIAL LIFE Defined and regulated 96 J JACKSON COUNTY Board of commisioners 563 JEFF DAVIS COUNTY Organization of 55

Page 1284

JEFFERSON City court of, Act creating amended 246 JEFFERSONVILLE City court of, established 248 Town of, charter repealed 902 City of, incorporated 903 JENKINS COUNTY Organization of 57 JENKINSBERG SCHOOL DISTRICT Incorporated 473 Charter amended 910 JERSEY Town of, incorporated 914 JOHNSON COUNTY Sale of seed cotton 565 Board of commissioners abolished 566 JONES COUNTY County site 118 Speed of automobiles, etc 566 JONESBORO City court of, abolished 262 JUDGES OF CITY COURTS Salaries of 100

Page 1285

K KIRKWOOD Public school system for 477 Registration of voters 923 L LA GRANGE City court of, Act creating amended 263 Dispensary law amended 923 LANDS How dedicated for parks and other uses 117 LAND TITLES Commissioner on registration of 1256 LAWRENCEVILLE Corporate limits extended 925 Sale of intoxicants 925 LEE COUNTY County court of, abolished 418 Convict gang 568 LEESBURG City court of, established 266 Charter amended 927 LEGISLATURE Members of, absence of from courts 93 LELA Town of, incorporated 928

Page 1286

LESLIE Charter amended 932 LEXINGTON City court of, Act creating amended 276 LIBERTY COUNTY County court of, judge and solicitor 419 LIENS AGAINST BANKS For collections on collaterals 100 LINWOOD Charter amended 934 LITHONIA Public school system for 485 LOCAL TAX For district schools 425 LOGANVILLE Town of, incorporated 936 Charter repealed 954 LONE OAK SCHOOL DISTRICT Incorporated 480 LOVEJOY Charter amended 955 LUDOWICI Town of, incorporated 962

Page 1287

LULA New charter for 970 LYNCH, MRS. DOROTHY Pension of 1261 M MACON Charter amended 981 Support of libraries 982 MARIETTA Bonds for sewerage 983 Bonds for electric lights 985 Bonds for school buildings 488 Share of State school fund 490 MAYSVILLE Charter amended 986 Corporate limits extended 993 Public school law repealed 994 MAPLES Charter amended 994 McINTOSH COUNTY Commissioners for 568 McDONOUGH SCHOOL DISTRICT Election for school tax 491 McRAE City court of, abolished 278 City court of, established 279

Page 1288

MEIGS Town of, charter repealed 998 Town of, incorporated 999 MENLO SCHOOL DISTRICT Incorporated 493 MEXICAN COTTON BOLL WEEVIL Protection against 108 MILITARY FORCES Reorganization of 133 Colored troops retired 166 MILLER COUNTY City court of, established 291 County court of, abolished 420 Board of commissioners for 569 MILLEDGEVILLE System of sewerage 1010 MILLWOOD Town of, incorporated 1012 MITCHELL Public school system for, abolished 497 MOLENA City of, incorporated 1018 MONROE City court of, established 303

Page 1289

MONROE COUNTY Sale of seed cotton 572 Board of commissioners for 573 MUNICIPALITIES Acceptance by, of grants for parks; etc 117 MUNICIPAL CORPORATIONS Adairsville, election for light and water bonds 602 Albany, assessments for street improvements 605 Albany, corporate limits extended 606 Arlington, charter amended 607 Atlanta, charter amended 613 Augusta, charter amended 619 Austell, new charter 620 Avera, special or license tax 636 Ball Ground, license to sell liquors 637 Baxley, charter amended 638 Blackshear, new charter 639 Blakely, Act establishing dispensary amended 668 Bogart, town of, incorporated 670 Brunswick, charter amended 678 Brunswick, charter amended 680 Buena Vista, waterworks bonds 687 Buena Vista, sinking fund to pay bonds 688 Byromville, town of, incorporated 690 Camak, school tax 695 Camilla, charter amended 697 Compton, town of, incorporated 698 Canton, charter amended 706 Carrollton, tax returns 716 Chipley, charter amended 718 Clarkesville, charter amended 719 Clarkston, charter amended 730 Climax, town of, incorporated 730 Cobbtown, town of, incorporated 732 Cohutta, charter repealed 739 Collins, town of, charter repealed 739 Collins, city of, incorporated 740 Columbus, charter amended 757

Page 1290

Columbus, charter amended 758 Colquitt, city of, incorporated 765 Comer, corporate limits extended 767 Cornelia, charter amended 768 Dacula, town of, incorporated 781 Dallas, charter amended 784 Danville, town of, incorporated 787 Dawson, charter amended 790 Decatur, charter amended 791 Dublin, new charter 792 Eastman, city of, incorporated 814 East Point, corporate limits, extended 819 East Rome, charter amended 820 Edgewood, charter amended 823 Elberton, charter amended 824 Fitzgerald, charter amended 826 Forsyth, charter amended 828 Garfield, town of, incorporated 829 Glennville, city of, incorporated 833 Good Hope, town of, incorporated 855 Graymont, town of, charter repealed 864 Graymont, city of, incorporated 864 Graysville, town of, incorporated 876 Griffin, tax-collector and sanitary inspector 880 Griffin, charter amended 881 Guyton, schoolhouse and artesian well 882 Haddock, town of, incorporated 884 Hawkinsville, charter amended 886 Hawkinsville, charter amended 887 Hiram, charter amended 889 Hogansville, waterworks and electric lights 890 Howell, town of, incorporated, 891 Hull, town of, incorporated 893 Jeffersonville, town of, charter repealed 902 Jeffersonville, city of, incorporated 903 Jenkinsburg, charter amended 910 Jersey, town of, incorporated 914 Kirkwood, registration of voters 923 LaGrange, dispensary law of, amended 923 Lawrenceville, corporate limits extended 925 Lawrenceville, sale of intoxicating liquors 925

Page 1291

Leesburg, charter amended 927 Lela, town of, incorporated 928 Leslie, charter amended 932 Linwood, charter amended 934 Loganville, town of, incorporated 936 Loganville, charter repealed 954 Lovejoy, charter amended 955 Ludowici, town of, incorporated 962 Lula, new charter 970 Macon, charter amended 981 Macon, appropriation for libraries 982 Marietta, bonds for sewerage 983 Marietta, bonds for electric lights 985 Maysville, charter amended 986 Maysville, corporate limits extended 993 Maysville, public school law repealed 994 Maples, charter amended 994 Meigs, town of, charter repealed 998 Meigs, town of, incorporated 999 Milledgeville, system of sewerage 1010 Millwood, town of, incorporated 1012 Molena, city of, incorporated 1018 Newnan, board of health 1022 Ocilla, corporate limits extended 1023 Odessadale, town of, incorporated 1025 Omega, town of, new charter 1030 Pelham, dispensary 1036 Pelham, charter amended 1038 Pembroke, town of, incorporated 1040 Pitts, town of, incorporated 1045 Powder Springs, charter amended 1052 Pulaski, town of, incorporated 1053 Quitman, new charter 1060 Reidsville, town of, charter repealed 1082 Reidsville, city of, incorporated 1083 Rentz, town of, incorporated 1101 Ringgold, charter amended 1106 Rome, bonds for electric lights 1106 Rome, corporate limits extended 1108 Rome, lease of Fourth avenue 1109 Rome, dispensary law amended 1109

Page 1292

Rossville, city of, incorporated 1114 Royston, town of, charter repealed 1119 Royston, city of, incorporated 1119 Savannah, sale of Thirty-second street 1148 Smithsonia, town of, incorporated 1149 Sparta, town of, charter repealed 1154 Sparta, city of, incorporated 1155 Statham, charter amended 1162 Stillmore, town of, charter repealed 1163 Stillmore, city of, incorporated 1164 Summit, town of, charter repealed 1179 Summit, city of, incorporated 1179 Sylvester, charter amended 1188 Tallapoosa, charter amended 1197 Trenton, sale of liquors 1198 Tybee, streets and avenues to be conveyed to United States 1198 Tybee, sale of the Strand 1199 Vienna, charter amended 1200 Wadley, charter amended 1201 Walnut Grove, town of, incorporated 1209 Waycross, school bonds 1218 Waycross, charter amended 1219 Waycross, charter amended 1220 Warrenton, school bonds 1223 Warwick, town of, incorporated 1228 Whigham, charter amended 1233 Woodbury, charter amended 1236 Wrens, charter amended 1238 N NASHVILLE State depository in 72 City court of, established 314 NEW COUNTIES Organization of 46

Page 1293

NEWNAN Board of health for 1022 NEWSOM, S. Relief of 1262 O OCILLA Corporate limits extended 1023 ODESSADALE Town of, incorporated 1025 OGLETHORPE COUNTY Salaries of commissioners and clerk 575 OMEGA Town of, new charter 1030 OWEN, O. T. Relief of 1263 OYSTER BEDS Preservation of 73 P PAULDING COUNTY Drainage of 576 PELHAM City court of, established 325 Dispensary 1036 Charter amended 1038

Page 1294

PEMBROKE Town of, incorporated 1040 PENDERGRASS PUBLIC SCHOOLS Incorporated 498 PENSIONS Confederate soldiers and widows of 133 Appropriation to pay 1254 PIERCE COUNTY Public school system for 501 PIKE COUNTY Salaries of commioners and clerk 578 PINEVIEW SCHOOL DISTRICT Incorporated 507 PITTS Town of, incorporated 1045 POWDER SPRINGS Charter amended 1052 PRIMARY ELECTIONS Buying votes in, prohibited 111 PROCESSIONERS Returns of 83 PULASKI COUNTY Dispensary law amended 579

Page 1295

PULUASKI Town of, incorporated 1053 Q QUITMAN New charter for 1060 City court of, Act creating amended 334 R RABUN COUNTY Protection of fish 579 RAILROADS Rocking or shooting at or in cars 86 RAILROAD COMMISSION Salary of secretary 95 Powers of 120 RANDOLPH COUNTY Dispensaries for 580 REFORMATORY, GEORGIA STATE Established 127 REIDSVILLE City court of, established 335 Town of, charter repealed 1082 City of, incorporated 1083 RENTZ Town of, incorporated 1101

Page 1296

RIGHTS OF WAY For telephone companies 79 RINGGOLD Charter amended 1106 ROBERTA Public school system abolished 514 ROCKDALE COUNTY Board of commissioners 584 ROME Bonds for electric lights 1106 Corporate limits extended 1108 Lease of Fourth avenue 1109 Dispensary law amended 1109 ROSSVILLE City of, incorporated 1114 ROURKE, JOHN Title to from Savannah confirmed 595 ROYSTON Town of, charter repealed 1119 City of, incorporated 1119 S SANDERSVILLE City court of, Act creating amended 346 City court of, Act creating amended 350

Page 1297

SANATARIUM For consumptives 1255 SAVANNAH City court of, election of judges 351 City court of, defaults in, how opened 352 Sale of Thirty-second street 1148 SAVANNAH DREDGING COMPANY Dissolved 1254 SCHOOL FOR THE DEAF Books for 1254 SHERIFFS Required to keep track hounds 106 SMITHSONIA Town of, incorporated 1149 SPALDING COUNTY Election of commissioners 586 Manufacture of spirituous liquors 587 SPARTA City court of, established 353 Town of, charter repealed 1154 City of, incorporated 1155 SOCIAL CIRCLE ACADEMY Incorporated 515

Page 1298

STATE DEPOSITORY In Swainsboro 70 In Donalsonville 70 In Claxton 71 In Ashburn 71 In Nashville 72 STATHAM Charter amended 1162 Public school system for 518 STATESBORO City court of, Act creating amended 363 STEAMBOAT CAPTAINS Police powers of 113 STENOGRAPHERS Of city courts, compensation of 98 Of superior courts, compensation of 99 STEPHENS COUNTY Organization of 58 STILLMORE Town of, charter repealed 1163 City of, incorporated 1164 STONE MOUNTAIN Public school system for 522 STOCK LAW Election for 132

Page 1299

SUMMIT Town of, charter repealed 1179 City of, incorporated 1179 SUPERIOR COURTS Additional judges of 66 Assignment of judges for 87 Of Bibb county, terms of 88 Of Fulton county, terms of 89 Salaries of judges 90 Salaries of bailiffs 90 SUPREME COURT Cost of transcripts for 105 SURF BATHERS Protection of 115 SWAINSBORO Public schools for 526 State depository in 70 SYLVANIA City court of, Act creating amended 366 SYLVESTER Charter amended 1188 City court of, abolished 368 City court of, established 369 T TALLAPOOSA Charter amended 1197 TALLULAH FALLS Public park 1255

Page 1300

TATTNALL COUNTY City court of, abolished 382 TAX Local, for district schools 425 TAX LAWS Revision of 1259 TAXES, GENERAL For years 1906 and 1907 23 For payment of bonds and interest 45 TAX RETURNS OF CORPORATIONS Arbitration of 68 TELEPHONE COMPANIES Rights of way 79 THOMASVILLE City court of, established 383 THOMAS COUNTY County court of, abolished 421 TIFT COUNTY Organization of 60 TITLES TO LAND Proceedings to remove closed 102 TOOMBS COUNTY Organization of 62

Page 1301

TRENTON Sale of liquor 1198 TURNER COUNTY Organization of 63 TWIGGS COUNTY County court of, abolished 422 TYBEE Streets conveyed to United States 1198 Sale of the Strand 1199 TYBEE BEACH COMPANY Title to King tract 124 U UNIVERSITY (STATE) Visiting committees 1253 UNION GRADED SCHOOL DISTRICT School tax 529 UNION SCHOOL DISTRICT Incorporated 530 UPSON COUNTY Manufacture of liquor 595 V VAGRANCY Definition of and prosecution for 109

Page 1302

VALDOSTA City court of, Act creating amended 395 VETERINARY SURGEON Appointment of, etc 121 VIENNA Charter amended 1200 W WACO SCHOOL DISTRICT Incorporated 533 WADLEY Charter amended 1201 WALNUT GROVE Town of, incorporated 1209 WALTON COUNTY County court of, abolished 422 Compensation of ordinary 587 Fees of officers 588 WARE COUNTY Election of commissioners 589 WARESBORO SCHOOL DISTRICT Limits of 536 WARREN COUNTY Hire of convicts 590 Road bonds 591

Page 1303

WARRENTON School bonds 1223 WASHINGTON City court of, established 399 City court of, abolished 413 WARWICK Town of, incorporated 1228 WAYCROSS City court of, Act creating amended 414 School bonds 1218 Charter amended 1219 Charter amended 1220 WHIGHAM Charter amended 1233 WHITESBURG SCHOOL DISTRICT Incorporated 537 WOODBURY Charter amended 1236 WOODBURY SCHOOL DISTRICT Incorporated 542 Act incorporating repealed 546 WRENS Charter amended 1238

Page 1305

TREASURER'S REPORT.

Page 1306

EXHIBIT No. 1. R. E. Park, Treasurer, in Account with State of Georgia, from January 1, 1904, to December 31, 1904, both inclusive. Dr. Cr. To balance in the Treasury, January 1, 1901 $ 1,041,449 43 By Academy for Blind $ 18,000 00 To Artists' Tax $ 1,364 55 By Binding Journals 550 00 To Auctioneers' Tax 504 00 By Board of Health 4,845 92 To Ball and Bicycle Parks 175 50 By Civil Establishment 129,422 33 To Bicycle Companies 594 00 By Copying Colonial Records 1,242 61 To Billiard Tax 10,417 95 By College for Colored 7,999 96 To Cigarette Tax 7,453 80 By Compiling Records 2,553 33 To Co-t on Fl. Fas 2 50 By Contingent Fund 11,906 16 To Dividends from Stocks 2,596 00 By Contingent Fund Railroad Commission 800 00 To Express Companies' Tax 10,680 15 By Contingent Fund Supreme Court 867 56 To Fees Building and Loan Association 80 00 By Confederate Roster 3,928 89 To Fees from Inspection Fertilizers 65,811 57 By Department of Agriculture 10,000 00 To Franchise Tax 1,759 34 By Disabled Soldiers' Pensions 175,255 00 To General Tax 2,078,399 57 By Farmers' Institutes 1,000 00 To Geological Laboratory 53 00 By Fertilizers Fund 9,283 26 To Gypsy Tax 312 75 By Fund for Entomologist 2,000 00 To Hire of Convicts 269,749 75 By Georgia State Sanitarium 325,000 00 To Insolvent General Tax 3,287 97 By Georgia State Sanitarium Heating, etc 7,000 00 To Insolvent Poll Tax 2,212 78 By Geological Fund 8,253 74 To Insurance Fees 16,907 40 By Georgia Normal and Industrial College 22,899 98 To Insurance Agents 12,089 00 By Horticultural Fund 5,147 79 To Insurance Tax 104,293 24 By Incidental Expenses General Assembly 114 62 To Interest from Depositories 12,485 71 By Indexing House and Senate Journals 150 00 To Investment Companies 100 00 By Indigent Soldiers' Pensions 406,860 00 To Lease of Oyster Lands 25 00 By Inspection of Oils 1,288 17 To Lightning Rod Agents' Tax 90 00 By Insurance Public Buildings, etc 543 75 To Liquor Tax 172,697 87 By Land Scrip Fund Interest 6 314 14 To Money Refunded 1,575 57 By Legislative Pay Roll 69,558 10 To Northeastern Railroad 3,745 00 By Library Fund 3,024 82 To Office Fees 4,729 60 By Military Fund 25,940 81 To Oil Fees 10,719 82 By North Georgia College (Dahlonega) 9,999 98 To Pawnbrokers' Tax 3,872 25 By Overpayment Taxes Refunded 12,144 43 To Peddlers' Tax 2,655 00 By Prison Fund 192,357 16 To Pensions Refunded 125 40 By Printing Fund 23 678 61 To Pistol Tax 6,907 50 By Printing Colonial Records 2,000 00 To Poll Tax 271,543 37 By Printing Fund Geological Department 2,525 60 To Railroad Tax 407,290 29 By Printing Fund Railroad Commission 1,402 11 To Real Estate Agents 1,224 00 By Public Buildings and Grounds 18,500 00 To Rental Western Atlantic Railroad 420,012 00 By Publishing Georgia Reports 7,706 14 To Rental of Cottage 150 00 By Public Debt 421,475 95 To Sale of Acts 309 75 By Reprinting Georgia Reports, old 8,518 75 To Sale of Codes 599 80 By School for the Deaf 27,500 00 To Sale of Reports 8,965 01 By School for the Deaf, Buildings 8,500 00 To Sale of School Lands 2,063 75 By School for the Deaf, Special 2,750 00 To Sewing Machine Companies 2,000 00 By School Warrants 1,559,958 27 To Sewing Machine Agents 2,259 00 By School of Technology 45,000 00 To Show Tax 5,636 00 By Soldiers' Home 15,000 00 To Sleeping Car Companies 1,563 45 By Soldiers' Home, Special 6,000 00 To Supreme Court Costs 1,111 25 By Solicitors-General's Fees 5,865 00 To Tax on Agencies 540 00 By Special Appropriations, Miscellaneous 17,977 86 To Tax on Automobile Companies 270 00 By State Museum 24,750 00 To Tax on Brewing Companies 1,980 00 By State Normal School (Athens) 22,500 00 To Tax on Cash Registers 9 00 By State University, 1904 30,500 00 To Tax on Coca Cola Companies 1,080 00 By State University, 1903 5,625 00 To Tax on Cold Storage 3,609 13 By Stationery General Assembly 369 80 To Tax on Futures 32,400 00 By Trustees, State University 735 47 To Tax on Games 1,498 45 By Widows' Pensions 172,200 00 To Tax on Loan Agents 261 00 By Widows' Pensions, Indigent 108,900 00 To Tax on Slot Machines 638 10 Total disbursements during quarter 4,016,186 07 To Tax on Specialists 81 00 To balance in the State Treasury, December 31, 1904 1,013,712 75 To Tax on Typewriter Agents or Dealers 180 00 To Tax on Telegraph Companies 4,675 80 To Tax on telephone Companies 7,228 53 To Tax on Ticket Brokers 135 00 To Tax on White Hop Dealers 552 00 To Wild Land Tax 110 17 3,988,449 39 Total receipts $ 5,029,898 82 $ 5,029,898 82

Page 1309

SUPREME COURT OF GEORGIA. WILLIAM H. FISH Chief Justice. ANDREW J. COBB Presiding Justice. JOHN S. CANDLER Associate Justice. BEVERLY D. EVANS Associate Justice. JOSEPH H. LUMPKIN Associate Justice. MARCUS W. BECK Associate Justice. GEO. W. STEVENS Reporter. J. M. GRAHAM Assistant Reporter. J. W. VAUGHN Sheriff. Z. D. HARRISON Clerk. LOGAN BLECKLEY Deputy Clerk. Terms begin first Mondays in March and October.

Page 1310

SUPERIOR COURT CALENDAR FOR 1906. ALBANY CIRCUIT. W. N. SPENCE, Camilla, Judge; W. E. WOOTEN, Albany, Solicitor-General. BakerThird Mondays in March and September. CalhounFirst Mondays in June and December. DecaturSecond Mondays in May and November. DoughertyFirst Mondays in April and October. MitchellThird Mondays in April and October. TurnerSecond Mondays in March and September. WorthFourth Mondays in April and October. ATLANTA CIRCUIT. JOHN T. PENDLETON, Atlanta, Judge; C.D. HILL, Atlanta, Solicitor-General. FultonFirst Mondays in January, March, May, July, September and November. ATLANTIC CIRCUIT. PAUL E. SEABROOK, Pineora, Judge; LIVINGSTON KENAN, Savannah, Solicitor-General. BryanFirst Mondays in May and November. EffinghamSecond Mondays in May and November. LibertyFirst Mondays in February and September. McIntoshFourth Monday in May and first Monday in December. AUGUSTA CIRCUIT. HENRY C. HAMMOND, Augusta, Judge; J. S. REYNOLDS, Augusta, Solicitor-General. BurkeFirst Mondays in April and October. ColumbiaFourth Mondays in March and September. McDuffieFirst Mondays in March and September. RichmondThird Mondays in January, April, July and October. BLUE RIDGE CIRCUIT. GEORGE F. GOBER, Marietta, Judge; B. F. SIMPSON, Marietta, Solicitor-General. CherokeeFourth Monday in February and first Monday in August. CobbSecond Monday in March and third Monday in November. FanninFourth Monday in May and third Monday in October. ForsythThird Monday in March and fourth Monday in August. GilmerThird Monday in May and second Monday in October. MiltonFirst Monday in March and third Monday in August. PickensFourth Mondays in April and September.

Page 1311

BRUNSWICK CIRCUIT. T. A. PARKER, Baxley, Judge; JOHN W. BENNETT, Waycross, Solicitor General. ApplingFirst Monday in March and third Monday in September. CamdenTuesday after second Monday in March and fourth Monday in September. CharltonTuesday after first Monday in April and fourth Monday in October. ClinchSecond Monday in April and third Monday in October. CoffeeFourth Monday in March and first Monday in October. GlynnThird Monday in May and first Monday in December. Jeff DavisFourth Monday in February and second Monday in September. PierceFirst Monday in May and third Monday in November. WareThird Monday in April and first Monday in November. WayneSecond Monday in May and fourth Monday in November. CHATTAHOOCHEE CIRCUIT. WM. A. LITTLE, Columbus, Judge; S. P. GILBERT, Columbus, Solicitor-General. ChattahoocheeFourth Mondays in February and August. HarrisSecond Mondays in April and October. MarionFourth Mondays in April and October. MuscogeeSecond Mondays in May and November. TalbotSecond Mondays in March and September. TaylorFirst Mondays in April and October. CHEROKEE CIRCUIT. A. W. FIT[UNK]E, Cartersville, Judge; SAM P. MADDOX, Dalton, Solicitor General. BartowSecond Mondays in January and July. CatoosaFirst Mondays in February and August. DadeThird Mondays in March and September. GordonFourth Mondays in February and August. MurrayThird Monday in February and second Monday in August. WhitfieldFirst Monday in April and second Monday in October. COWETA CIRCUIT. R. W. FREEMAN, Newnan, Judge; J. R. TERRELL, Greenville, Solicitor-General. CarrollFirst Mondays in April and October. CowetaFirst Mondays in March and September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February and August. TroupFirst Mondays in May and November.

Page 1312

EASTERN CIRCUIT. GEO. T. CANN, Savannah, Judge; W. W. OSBORNE, Savannah, Solicitor-General. ChathamFirst Mondays in March, June, October and December. FLINT CIRCUIT. E. J. REAGAN, McDonough, Judge; O. H. B. Bloodworth, Forsyth, Solicitor-General. ButtsThird Mondays in February and August. FayetteThird Mondays in March and September. HenryThird Mondays in April and October. MonroeFirst Monday in February and fourth Monday in August. PikeFirst Mondays in April and October. SpaldingThird Monday in January and first Monday in August. UpsonFirst Mondays in May and November. MACON CIRCUIT. W. H. FELTON, JR., Macon, Judge; WM. BRUNSON, Macon, Solicitor-General. BibbThird Mondays in January, April and July and first Monday in November. CrawfordThird Mondays in March and October. HoustonFirst Mondays in April and October. MIDDLE CIRCUIT. B. T. RAWLINGS, Sandersville, Judge; ALFRED HERNINGTON, Swainsboro, Solicitor-General. BullochFourth Mondays in April and October. EmanuelThird Mondays in April and October. JeffersonSecond Mondays in May and November. JenkinsSecond Mondays in March and September. JohnsonThird Mondays in March and September. ScrevenThird Mondays in May and November. TattnallFirst Mondays in April and October. ToombsFourth Mondays in February and August. WashingtonFirst Mondays in March and September. NORTHEASTERN CIRCUIT. W. T. KIMSEY, Cleveland, Judge; W. A. CHARTERS, Dahlonega, Solicitor-General. DawsonSecond Monday in February and first Monday in August. HabershamFirst Mondays in March and September. HallThird Mondays in January and July. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August. StephensFirst Mondays in May and November. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. WhiteSecond Mondays in April and October.

Page 1313

NORTHERN CIRCUIT. HORACE M. HOLDEN, Crawfordville, Judge; D. W. MEADOW, Danielsville, Solicitor-General. ElbertSecond Mondays in March and September. GlascockSecond Mondays in April and October. HancockFourth Mondays in March and September. HartThird Mondays in March and September. LincolnFourth Mondays in April and October. MadisonFirst Mondays in March and September. OglethorpeThird Mondays in April and October. TaliaferroFourth Mondays in February and August. WarrenFirst Mondays in April and October. WilkesFirst Mondays in May and November. OCMULGEE CIRCUIT. H. G. LEWIS, Siloam, Judge; J. E. POTTLE, Milledgeville, Solicitor-General. BaldwinSecond Mondays in January and July. GreeneSecond Mondays in February and August. JasperFourth Mondays in March and September. JonesThird Mondays in April and October. LaurensFourth Mondays in January and July. MorganFirst Mondays in March and September. PutnamThird Mondays in March and September. WilkinsonFirst Mondays in April and October. OCONEE CIRCUIT. J. H. MARTIN, Hawkinsville, Judge; E. D. GRAHAM, McRae, Solicitor-General. DodgeThird and Fourth Mondays in May and November. IrwinFirst and Second Mondays in March and September. MontgomeryFirst and Second Mondays in May and November. PulaskiSecond and Third Mondays in February and August. TelfairThird Mondays in April and October. TwiggsSecond Mondays in April and October. WilcoxThird and Fourth Mondays in March and September. PATAULA CIRCUIT. H. C. SHEFFIELD, Arlington, Judge; J. A. LAING, Dawson, Solicitor-General. ClayThird Mondays in March and September. EarlyFirst Mondays in April and October. MillerFourth Mondays in April and October. QuitmanSecond Mondays in March and September. RandolphFirst Mondays in May and November. [Illegible Text]

Page 1314

ROME CIRCUIT. MOSES WRIGHT, Rome, Judge; W. H. ENNIS, Rome, Solicitor-General. ChattoogaSecond Mondays in March and September. FloydSecond Mondays in January and July. WalkerThird Mondays in February and August. SOUTHERN CIRCUIT. R. G. MITCHELL, Thomasville, Judge; W. E. THOMAS, Valdosta, Solicitor-General. BerrienThird Mondays in March and September. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsTuesdays after second Mondays in March and September. GradyFirst Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird weeks in April and October. TiftFirst Mondays in July and November. SOUTHWESTERN CIRCUIT. Z. A. LITTLEJOHN, Americus, Judge; F. A. HOOPER, Americus, Solicitor-General. CrispSecond Monday in March and Third Monday in September. DoolyFourth Monday in February and first Monday in September. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in April and October. StewartThird Mondays in April and October. SumterFourth Mondays in May and November. WebsterFirst Mondays in April and October. STONE MOUNTAIN CIRCUIT. L. S. ROAN, Fairburn, Judge; W. S. HOWARD, Atlanta, Solicitor-General. CampbellFirst and second Mondays in February and August. ClaytonFourth Mondays in February and August. DeKalbFirst and second Mondays in March and September. NewtonThird Mondays in March and September. RockdaleFirst Mondays in April and October. TALLAPOOSA CIRCUIT. A. L. BARTLETT, Brownsville, Judge; W. K. FIELDER, Cedartown, Solicitor-General. DouglasFirst Monday in May and third Monday in November. HaralsonThird Mondays in January and July. PauldingSecond Monday in February and first Monday in August. PolkFourth Mondays in February and August.

Page 1315

WESTERN CIRCUIT. R. B. RUSSELL, Winder, Judge; S. J. TRIBBLE, Athens, Solicitor-General. BanksThird Mondays in March and September. ClarkeSecond Mondays in April and October. FranklinTuesdays after fourth Mondays in March and September. GwinnettFirst Mondays in March and September. JacksonFirst Mondays in February and August. OconeeFourth Mondays in January and July. WaltonThird Mondays in February and August.