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: THE FRANKLIN-TURNER COMPANY 19060000 English Page 1 ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1906. 19060000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE. ATLANTA, GA. THE FRANKLIN-TURNER COMPANY PRINTERS, PUBLISHERS, BINDERS 1906 Page 3 TABLE OF TITLES. PART IPUBLIC LAWS. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.AMENDMENTS TO CONSTITUTION TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.EDUCATION. TITLE VII.MISCELLANEOUS. PART IILOCAL LAWS. TITLE I.CITY AND COUNTY COURTS. TITLE II.MISCELLANEOUS. TITLE III.EDUCATION. PART IIICORPORATIONS. TITLE I.MUNICIPAL CORPORATIONS. PART IVRESOLUTIONS. Page 5 STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1906. PART IPUBLIC LAWS. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.AMENDMENTS TO CONSTITUTION TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.EDUCATION. TITLE VII.MISCELLANEOUS. Page 7 TITLE I. APPROPRIATIONS. ACTS. To supply deficiencies for support of the Government. For an Agricultural College. For State Technological School. For State Normal School. For Georgia Academy for the Blind. For Georgia Normal and Industrial College. For North Georgia Agricultural College. For Georgia School for the Deaf. For equestrian statue of Gen. John B. Gordon. For Confederate Soldiers' Home. TO SUPPLY DEFICIENCIES FOR SUPPORT OF THE GOVERNMENT. No. 511. An Act to make additional appropriations for the years 1906 and 1907 to supply deficiencies in the several appropriations for the expenses of the government, 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 following Page 8 sums of money be, and they are, hereby appropriated to the objects and for the purposes herein stated, to wit: Par. 1. To supplement contingent funds for 1906, the sum of ten thousand dollars ($10,000). Contingent fund. Par. 2. To meet deficiency in pension fund for indigent pensioners for the year 1906, the sum of eighteen thousand and eight hundred dollars ($18,800). Pensions. Par. 3. To pay clerk in Pension Department increased salary from August 22, 1905, to January 1, 1906, the sum of two hundred and sixteen dollars and sixty-six cents ($216.66). Pension clerk. Par. 4. To pay the secretary of the Railroad Commission increased salary from August 21, 1905, to January 1, 1906, the sum of two hundred and sixteen dollars and sixty-six cents ($216.66), and to pay the increased salary of the secretary of the Railroad Commission for the years 1906 and 1907, the sum of twelve hundred dollars ($1,200). Secretary R. R. Commission. Par. 5. To pay clerk of the Commission of Agriculture increased salary from August 21, 1905, to January 1, 1906, the sum of two hundred and sixteen dollars and sixty-six cents ($216.66), and to pay the increased salary to the clerk of the Commission of Agriculture for the years 1906 and 1907, the sum of twelve hundred dollars ($1,200). Clerk Commissioner of Agriculture. Par. 6. For purchase of standards of weights and measures, as provided by section 1638, of volume 1, of the Code, the sum of two thousand dollars ($2,000), or so much thereof as may be necessary. Standards of weights and measures. Par. 7. For repairs on capitol and executive mansion, the sum of four thousand dollars ($4,000). Repairs public buildings. Par. 8. For repairs of the old capitol building at Milledgeville, the sum of twenty-five hundred dollars ($2,500). Par. 9. For insurance on public buildings, the sum of thirty-five thousand dollars ($35,000), or so much thereof as may be necessary; and for emergency insurance taken out during the year 1906, and now unpaid, the sum of nine hundred and fifty dollars ($950.00). Insurance public buildings. Par. 10. To cover deficiency in the printing fund of the Railroad Commission, the sum of three hundred and twenty-five dollars ($325.00) to pay for the railroad map of Georgia issued by the Railroad Commission in May, 1906. R. R. Commission. Par. 11. For the maintenance of the summer school at Athens for the white teachers of the State, as provided for under and by virtue of the Act approved December 22, 1898, the sum of five thousand dollars for the year 1906, and five thousand dollars Page 9 for the year 1907, or so much of said sums as may be necessary. Summer schools at Athens. Par. 12. To complete steel stacks in State Library, the sum of one thousand dollars ($1,000). State Library. Par. 13. To cover deficiency in the State Board of Health for the protection by quarantine of the State from contagious diseases for the year 1906, the sum of twenty-eight hundred and twenty-nine dollars and sixty-nine cents ($2,829.69). State Board of Health. Par. 14. To supply deficiency in appropriation to pay for copies of Georgia Colonial records in London, not hitherto copied, five hundred dollars ($500.00), or so much thereof as may be necessary. Colonial records. Par. 15. To pay for printing and binding additional copies of the Colonial, Revolutionary and Confederate records of Georgia, now ready for the printer, two thousand dollars ($2,000). Colonial records. Par. 16. Be it further enacted, That the Governor be authorized to draw his warrant on the Treasury for eighty-four dollars and fifty cents ($84.50) in favor of Foote Davies for binding one hundred and fifty copies of volume 1 of the Code of 1895, to be paid out of the fund arising from the sale of books by the State Librarian, and that other unbound volumes of the Code may be bound by his direction as they are needed for sale, and paid for in like manner out of said fund. Code of 1895. Par. 17. To pay the Secretary of the Senate and the Clerk of the House of Representatives for preparing and mailing to the members of the Senate and of the House of Representatives the pamphlet showing the status of the unfinished business of the session of 1905, the sum of fifty dollars ($50.00) to the Secretary of the Senate and the sum of seventy-five dollars ($75.00) to the Clerk of the House of Representatives, these amounts to be paid at once on the warrant of the Governor on the Treasurer. Clerk of House and Secretary of Senate. Par. 18. To pay Fielder-Allen Company the sum of forty-five dollars ($45.00) for chairs, tables and cuspidors purchased under a resolution of the Senate for the use of the Senate, said sum to be paid by warrant of the Governor upon the Treasurer out of any funds not otherwise appropriated at once. Furniture for Senate. Par. 19. To pay for the per diem of two extra gallery-keepers of the Senate and three extra assistant doorkeepers of the Senate as provided by resolution of the Senate, adopted July 24, 1906, the sum of four dollars ($4.00) per diem each. Doorkeepers of Senate. Par. 20. To pay G. W. Hendricks three hundred and eighty-three dollars ($383.00) for making permanent list of pensioners for each county. List of pensioners. Page 10 SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. FOR AN AGRICULTURAL COLLEGE. No. 358. An Act to appropriate the sum of one hundred thousand dollars to the University of Georgia for the purpose of erecting and furnishing buildings on the college campus to be used as an agricultural college, and for purchasing necessary equipment for the said agricultural college, and for other purposes. WHEREAS, Agriculture is the principal industry of the State, and the main source from which the material prosperity of the State must come; and Preamble. WHEREAS, Experience has demonstrated the great value of agricultural education in permanently improving the soil, multiplying its yield, and increasing the value of its products; and WHEREAS, There is a growing demand by the people of the State for agricultural education and for the practical benefits of scientific research in this line, and for improved methods in farming; and WHEREAS, The University of Georgia, through the generosity of its alumni and friends, has recently acquired over five hundred acres of land adjoining the present college campus at Athens, valued at over $80,000, without cost to the State, which will provide ample facilities for a first-class agricultural college, with all necessary appurtenances; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the sum of one hundred thousand dollars be, and the same is, hereby appropriated to the University of Georgia for the purpose of erecting and furnishing necessary buildings to be used as an agricultural college, and in purchasing and providing all necessary equipment for the same; provided, fifty thousand dollars of the one hundred thousand dollars shall be available for use in the year 1907, and the other fifty thousand dollars shall be available for use in the year 1908; and provided further, that the Governor's warrants upon the Treasurer shall be drawn according to the above proviso; said building to be Page 11 located either on the present college campus, or on the same as it may be enlarged, at Athens, in Clarke county, Georgia. Agricultural College. SEC. 2. Be it further enacted, That the Governor is hereby authorized and directed to draw his warrant or warrants on the Treasury for said sum in favor of the president and secretary of the board of trustees of the University of Georgia, as the same may be required to pay the cost of erecting and furnishing said buildings, and in purchasing the equipment for said agricultural college. Buildings. Provided, That no part of said sum so appropriated shall be used in paying for any land purchased by the board of trustees for said University; and Land. Provided further, That none of the buildings hereby authorized to be erected with said appropriation shall be located upon any lands encumbered or not wholly paid for. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be appointed by the Governor, by and with the consent and advice of the Senate, a board of trustees, eleven (11) in number, for the management and control of the department for school of agriculture and farm technology in the State college at Athens, established under the Acts of 1862 and 1890. Said trustees shall be men of skill and experience in agriculture, animal husbandry and horticulture; but it shall not be a necessary qualification that any trustee shall be exclusively engaged in these pursuits. The Governor in making up said board shall designate three (3) directors of the Georgia Experimental Station, including Commissioner of Agriculture, and three (3) trustees of the University who are qualified as aforesaid. In appointing the remaining number of said trustees the Governor shall have in view the representation of the different sections of the State, and as far as practicable secure the representation of each congressional dictrict on said board. Board of trustees. Said board shall have charge of the management and control of the department of agriculture and mechanical arts or farm technology in said State college. They shall have power to make all necessary rules and regulations for their own government and proceedings. Powers of trustees. They shall, as hereinbefore provided, receive and disburse the sums of money appropriated in this bill, and also all sums that may hereafter be appropriated to the trustees of the University of Georgia for the use and benefit of said department, and also all moneys that may be set apart by the board of trustees of the University for said department, from any funds, whether derived from the Federal government, the State, or private donations: Page 12 and likewise all funds that may be directly donated to said department, which donations said board is hereby authorized to receive and accept. Before any site on the campus shall be finally adopted for new buildings the concurrent action of the University board shall be necessary. Location of buildings. The board hereby created shall also exercise all the functions formerly exercised by the committee on agriculture in the board of trustees of the University in the management of the demonstration farm connected with the said department. Trustees of University. The power and authority hereby conferred on said board shall be subject, however, as required by existing laws to that of the trustees of the University of Georgia in the same manner as the Technological School and the State Normal School. The work of instruction in the other schools of said college at Athens in English, economics, etc., shall remain as now within the jurisdiction of the University trustees, and the chancellor of the University shall have the same relation to the said board as to the other boards above mentioned. Said board shall have the power to elect a dean of the department of agriculture and farm technology, and the professors of agronomy, animal husbandry and horticulture, with such other professors, instructors, tutors and other officers as may be authorized. Dean. The secretary and treasurer of the University trustees shall be ex-officio secretary and treasurer of the board hereby created. Secretary and treasurer. The board of trustees hereby created and appointed as aforesaid shall be appointed for the terms and as provided, and receive the same per diem as the trustees of the State Normal School. Terms and per diem of trustees. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 21, 1906. FOR STATE TECHNOLOGICAL SCHOOL. No. 515. An Act making certain appropriations for the trustees of the University of Georgia for the benefit of the State Technological School, to be used in extending the campus, adding to the maintenance fund, and for other purposes. SECTION 1. Be it enacted by the General Assembly of this Page 13 State, and it is hereby enacted by the authority of the same, That the following appropriations be, and the same are, hereby made to the trustees of the University of Georgia for the use of the said Technological School, to wit: Technological school. For an increase of the maintenance fund, for the year 1906-1907, the sum of ten thousand dollars ($10,000). For purchasing lands adjacent to the campus in order to enlarge and extend the same, the sum of seventeen thousand five hundred dollars ($17,500), or so much thereof as may be necessary; said sum to be expended under the direction of the Governor. SEC. 2. This repeals conflicting laws. Approved August 18, 1906. FOR STATE NORMAL SCHOOL. No. 504. An Act to appropriate to the trustees of the University of Georgia, for the use of the State Normal School at Athens, the sum of fifteen thousand dollars for the furnishing, equipping and heating the buildings of said school, and for other purposes. SECTION 1. WHEREAS, Out of an appropriation by the Legislature of $25,000, supplemented by a gift of $25,000 made by the friends of the State Normal School, making $50,000, the trustees have erected on the campus of said school two splendid and commodious buildings; and State Normal school. WHEREAS, On account of the advance in the price of building material it required the entire $50,000 to construct said buildings according to original plans agreed upon, and to do the work in a substantial manner, and nothing remains out of said appropriation and gift with which to equip, furnish and heat said buildings; and WHEREAS, It is estimated that it will require $6,000 to equip and provide furniture for the two new buildings, which are now just completed; and, WHEREAS, It is estimated by experts and the trustees of said school that it will require the sum of $19,000 to purchase and install a heating-plant at said State Normal School, for the purpose of heating by steam these two new buildings, and the other [Illegible Text] heretofore erected for said school; and, WHEREAS, In the opinion of the trustees and faculty of said Page 14 school it is absolutely necessary that these buildings be furnished and equipped and steam heated, in order that said school may utilize said buildings to the fullest extent, and derive all of the benefits for which said buildings were erected; 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 the sum of $15,000 be, and the same is, hereby appropriated to the trustees of the University of Georgia for the use of the State Normal School, for the purpose aforesaidthat is, for the furnishing and equipping of said new buildings and the installation of a heating-plant for heating all of said buildings. That the money hereby appropriated shall be paid over to the treasurer of the University of Georgia, and by him turned over to the board of trustees of the State Normal School, to be expended by said trustees for the purpose aforesaid. To equip and heat buildings. That said board of trustees shall furnish to the Governor an authorized statement of the expenditures of said money in the completion of said work. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. FOR GEORGIA ACADEMY FOR THE BLIND. No. 512. An Act to appropriate the sum of sixty-five thousand dollars to enable the trustees of the Georgia Academy for the Blind to complete the erection and equipment of the new buildings for said academy according to the original designs, construct a sewer therefor, build the necessary fencing around the grounds, grade and improve the grounds, and for other purposes. WHEREAS, The trustees of the Georgia Academy for the Blind have deemed it wise to construct a more extensive building than at first contemplated, in order to provide for the needs of the blind children of the State, looking to their natural increase in number in the future; and Academy for the Blind. WHEREAS, The enormous advance in the cost of both material and labor has made it impossible for the said trustees to properly construct and equip said building in accordance with their original Page 15 plan and design, and inclose and improve said property for the sums of money heretofore appropriated by the Legislature for said purpose; Now, therefore, the General Assembly of the State of Georgia do enact that the sum of sixty-five thousand dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated for the purpose of completing the said new building of the Georgia Academy for the Blind according to the original plan and design, to provide a thorough system of sanitary sewerage therefore, to grade and improve the grounds, to enclose the same with a substantial wall or fence of some durable material, to purchase the necessary new furniture, and for all other such purposes as the installation and equipment of such new building may render necessary. Completion of buildings, etc. SEC. 2. Be it further enacted, That the said trustees shall, through their president and treasurer, submit to the next session of the General Assembly, through the Governor, an itemized and detailed report of the entire expenditure of the sum herein appropriated, showing under appropriate heads the several sums expended and the purpose for which such expenditure was made; said report to be made under oath by the officers above named. Said report shall be accompanied with the original vouchers showing the disbursement of said funds. Reports of trustees. 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 20, 1906. FOR GEORGIA NORMAL AND INDUSTRIAL COLLEGE. No. 522. An Act to appropriate the sum of twenty-seven thousand five hundred dollars ($27,500), or so much thereof as may be necessary for the purpose of building a new dormitory upon the campus of the Georgia Normal and Industrial College at Milledgeville, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State [Illegible Text] Georgia, and it is hereby enacted by authority of the same, That the sum of twenty-seven thousand and five hundred dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of building a new dormitory upon the campus Page 16 of the Georgia Normal and Industrial College at Milledgeville, Georgia. Normal and Industrial College, dormitory for. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the board of trustees or 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 twenty-seven thousand and five hundred dollars, or any part thereof, from time to time, and the Governor is authorized and directed to draw his warrant upon the State Treasurer for the amount of said requisition, and the Treasurer is directed to pay the same out of any funds available for that purpose. SEC. 3. Be it further enacted by authority aforesaid, That all laws or parts of laws conflicting with this Act are hereby repealed. Approved August 18, 1906. FOR NORTH GEORGIA AGRICULTURAL COLLEGE. No. 528. An Act to appropriate the sum of $20,000, or so much thereof as may be necessary, for the purpose of building a new college dormitory building upon the campus of the North Georgia Agricultural College, located at Dahlonega, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That the sum of $20,000, or so much thereof as may be necessary, shall be, and is, hereby appropriated for the purpose of building and equipping with apparatus, furniture and fixtures a new dormitory building to be located upon the campus of the North Georgia Agricultural College at Dahlonega, Georgia. North Georgia Agricultural College, dormitory for. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the board of trustees of said North Georgia Agricultural College are authorized and empowered to make requisition upon the Governor of said State for the said $20,000, 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 trustees, and said [Illegible Text] Page 17 is directed to pay the same out of any funds in the treasury available for that purpose. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 18, 1906. FOR GEORGIA SCHOOL FOR THE DEAF. No. 509. An Act to appropriate the sum of twenty thousand dollars for the purpose of building, equipping and furnishing an addition to the dormitory building of the Georgia School for the Deaf, located at Cave Spring, Floyd county, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of twenty thousand dollars ($20,000) be, and the same is, hereby appropriated for the purpose of building, equipping and furnishing an addition to the dormitory building of the Georgia School for the Deaf, located at Cave Spring, Floyd county, Georgia. School for the Deaf, dormitory for. SEC. 2. Be it further enacted, That the trustees of said Georgia School for the Deaf shall have the addition to said dormitory building erected upon plans and specifications to be accepted by said board of trustees, the bid to be awarded to the lowest responsible bidder upon such terms and requirements as the board of trustees may prescribe. SEC. 3. Be it further enacted, That the treasurer of said Georgia School for the Deaf shall make application for funds from the State Treasurer for the purpose set forth in sections 1 and 2 of this Act, and the Governor shall draw his warrant for said sum. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 18 FOR EQUESTRIAN STATUE OF GEN. JNO. B. GORDON. No. 469. An Act to make an appropriation for an equestrian statue of General John B. Gordon, to be placed on the capitol grounds, and for other purposes. WHEREAS, The John B. Gordon Monument Association of this State has now in hand the sum of six thousand dollars in cash, and four thousand in subscriptions, raised by public subscriptions, for the purpose of erecting an equestrian statue of General John B. Gordon, and has entered into contract for the completion of the same; and, Gen. John B. Gordon Monument Association WHEREAS, It is right and proper that said statue should be erected upon the capitol grounds; and WHEREAS, The said John B. Gordon Monument Association is willing to pay over to a State commission the said amount of money, provided a sufficient sum shall be appropriated by the General Assembly to complete the statue and erect the same in a suitable manner upon the capitol grounds; and WHEREAS, The life and public services of this distinguished Georgian entitle him to any distinction which the people of his native State can bestow; therefore, SECTION 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That Governor Joseph M. Terrell, General Clement A. Evans, Judge Sampson W. Harris, Captain Robert E. Park, Captain W. Lowndes Calhoun, Captain William H. Harrison, Captain Nathaniel E. Harris, General W. W. Gordon and Captain John W. Clark be, and the same are, hereby constituted a commission on behalf of the State of Georgia to accept from the said John B. Gordon Monument Association the said sum in cash and subscriptions, and to complete and erect said statue, placing the same on a suitable pedestal, with ornamental coping surrounding the location at some point on the capitol grounds to be selected by said commission. The said commission shall have power to fill any vacancies in the body. Commission to erect equestrian statue. SEC. 2. Be it further enacted by the authority aforesaid, That the sum of fifteen thousand dollars, or so much thereof as may be necessary, be, and is, hereby appropriated for the purpose of carrying out the provisions of this Act, the same to be drawn and expended by said commission, and to be available so soon as the Page 19 said John B. Gordon Monument Association shall turn over to the commission the said specified amounts. Said commission shall have the power to select their own chairman, vice-chairman, secretary and treasurer, and the commission shall report to the Legislature all their transactions. The said commission shall have power and authority to carry out the contract entered into by the said Monument Association for the statue aforesaid, and to supervise the erection of the same upon the capitol grounds, and to do any and all other things necessary and proper for the placing and completion of said statue and pedestal as herein provided. 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 20, 1906. FOR CONFEDERATE SOLDIERS' HOME. No. 502. An Act to make an appropriation of seven thousand five hundred dollars ($7,500) for the construction and equipment of a hospital for the Confederate Soldiers' Home of Georgia; to authorize the Governor, from time to time, to draw his warrant on the State Treasury to pay for the construction and equipment of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the sum of seven thousand five hundred dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated to the board of trustees of the Confederate Soldiers' Home of Georgia for the construction and proper equipment of a suitable hospital building on the ground adjacent to the main building; said hospital to be built of strong and suitable material, in harmony with the main building, large enough to accommodate as many as twenty inmates at a time, with separate wards or bedrooms where the bedridden men may be properly cared for and nursed. Confederate Soldiers' Home, hospital for. SEC. 2. Be it further enacted by the authority aforesaid, That the appropriation aforesaid is made to cover the entire expense of building and equipping said hospital with needful appliances, fixtures and furniture complete, and the trustees are hereby required to so use said appropriation that the hospital shall be made Page 20 ready for occupancy within the amount appropriated by this Act. And no contract shall be entered into which does not require the completion of the hospital leaving sufficient balance for furnishing and equipping the same. SEC. 3. Be it further enacted by the authority aforesaid, That as soon as the trustees of the Home procure suitable plans and place the building of the hospital under contract, according to the terms of this Act, they may make requisition upon the Governor and he may draw his warrants on the Treasury, from time to time, for such amounts as may be needed to pay for the construction and furnishing the building. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 21 TITLE II. TAXES. ACTS. Amendment of General Tax Act for 1906 and 1907. AMENDMENT OF GENERAL TAX ACT FOR 1906 AND 1907. No. 610. An Act to amend an Act approved the 23d day of August, 1905, being an Act to levy and collect a tax for the support of the State government, and the public institutions, for education purposes, in instructing children in the elementary branches of [Illegible Text] English education, and for other purposes, being known as [Illegible Text] general tax Act for the years 1906 and 1907. 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 two, paragraph ten of said section of the Act whose title is set out in the caption, be, and the same is, hereby amended as follows: By adding after the word business in line of sail paragraph the following: Said tax shall be paid by said agents or firm of agents, or insurance broker, or firm of brokers, to the Comptroller-General, and shall be in addition to the license required of insurance companies by the Act approved October 24, 1887, so that said paragraph when amended shall read as follows: Tenth. Upon every local insurance agent, or firm of agents, of 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, or nuptial company, the sum of one hundred dollars, for each county in which they Page 22 shall do or offer to do business. Said tax shall be paid by said agent, or firm of agens, or insurance brokers, or firm of brokers, to the Comptroller-General, and shall be in addition to the license required of insurance companies by the Act approved October 24, 1887. 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 agent for any of their companies. All of said taxes 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, premiums of which are payable in [Illegible Text] installments not exceeding one dollar and five cents per week. Business tax of insurance agents. SEC. 2. Be it further enacted by the authority aforesaid, That paragraph thirty-six of section 2 of the above recited Act be, and the same is, hereby amended as follows: By striking out [Illegible Text] of said section and substituting in lieu thereof the following: Sec. 36. On all wholesale bottling works of beverages or syrups of any kind sold in soda-fountains or elsewhere, a tax of twenty-five dollars on all bottling works. Bottling works. SEC. 3. Be it further enacted by the authority aforesaid, That section (2) two, paragraph forty-eight, be, and the same is, hereby amended as follows: Amend the general tax Act by striking thereform paragraph forty-eight, section two, and inserting in lieu thereof the following: Sec. 48. Upon every manufacturer of tobacco or wholesale or retail dealer in tobacco, or upon every agent or representative of any manufacturer or wholesale dealer in tobacco doing business in this State, whose manufacturer or dealer has not paid the tax or upon any person or corporation who redeems or offers to redeem the tags on the tobacco sold for a consideration, the sum of two hundred dollars. Manufacturers or dealers in tobacco. SEC. 4. Be it enacted by the authority aforesaid, That from and after the passage of this Act all persons, firms or corporations doing a trading-stamp business shall pay an annual tax [Illegible Text] Page 23 and for the benefit of the State of fifty dollars, but this shall not include merchants or other persons using such trading-stamps as an incident to their business; this tax shall be collected in the same manner as other special taxes levied by the general tax Act. Trading stamp business. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 24 TITLE III. AMENDMENTS TO CONSTITUTION. ACTS. Court of Appeals, Establishment of. Ben Hill, County of, Creation of. COURT OF APPEALS, ESTABLISHMENT OF. No. 373. An Act to amend paragraph one of section one of article six of the Constitution of this State, and paragraph five of section two of said article, and to add to said section two a paragraph to be known as paragraph nine, so as to provide for the establishment of a Court of Appeals and to define its powers and jurisdiction; to define the jurisdiction of the Supreme Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly, That paragraph one of section one of article six of the Constitution of this State be amended so that it shall read as follows: The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, superior courts, courts of ordinary, justices of the peace, commissioned notaries public, and such other courts as have been or may be established by law. Judicial department. SEC. 2. Be it further enacted, That paragraph five of section two of article six of the Constitution of this State be amended so that it shall read as follows: The Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors in law and equity from the superior courts in all civil cases, whether legal or equitable, originating therein, or carried thereto from the court of ordinary, and in all cases of conviction of a capital felony, and Page 25 for the determination of questions certified to it by the Court of Appeals; and shall sit at the seat of government at such times in each year as are or may be prescribed by law, for the trial and determination of writs of error from the superior courts and of questions certified to it as aforesaid. The provisions of this paragraph shall become effective on the first day of January, Anno Domini nineteen hundred and seven, but shall not affect cases which on that date are pending in the Supreme Court, except that cases then pending therein of the kind of which the Court of Appeals has jurisdiction may be transferred by the Supreme Court to the Court of Appeals. Any case thereafter carried to the Supreme Court which is of the class of which the Court of Appeals has jurisdiction may be transferred to the Court of Appeals, under such rules as the Supreme Court may prescribe, until otherwise provided by law; and the Court of Appeals shall try the cases so transferred. Supreme Court jurisdiction. SEC. 3. Be it further enacted, That the Constitution of this State be amended by adding to section two of article six a paragraph to be known as paragraph nine, which shall read as follows: The Court of Appeals shall, until otherwise provided by law, consist of three judges, of whom two shall constitute a quorum. It shall sit at the seat of government and at such other places as may be prescribed by law. The Governor shall, immediately on the ratification of this amendment, call an election, to be held on Tuesday after the first Monday in November, Anno Domini nineteen hundred and six, at which the judges of the Court of Appeals shall be elected in the manner in which Justices of the Supreme Court are elected. The returns of said election shall be made to the Secretary of State, and the Secretary of State shall canvass the returns and declare the three persons receiving the greatest number of votes to be elected. The terms of office of the judges then elected shall begin on the first day of January, Anno Domini nineteen hundred and seven, and shall continue respectively two, four and six years and until their successors are qualified. The persons so elected shall, among themselves, determine by lot which of the terms each shall have, and they shall be commissioned accordingly by the Governor. All terms of the judges of the Court of Appeals after the expiration of the terms aforesaid (except unexpired terms) shall continue six years and until their successors are qualified. The times and manner of all other elections, and the mode of filling a vacancy which causes an unexpired term, shall be the same as are or may be provided for by the laws relating to the election and appointment Page 26 of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors in law and equity from the superior courts in all cases in which such jurisdiction is not conferred by this Constitution on the Supreme Court, and from the city courts of Atlanta and Savannah, and such other like courts as have been or may be hereafter established in other cities, and in such other cases as may hereafter be prescribed by law, except that where, in a case pending in the Court of Appeals, a question is raised as to the construction of a provision of the Constitution of this State or of the United States, or as to the constitutionality of an Act of the General Assembly of this State, and a decision of the question is necessary to the determination of the case, the Court of Appeals shall so certify to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of an equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The Court of Appeals may at any time certify to the Supreme Court any other question of law concerning which it desires the instruction of the Supreme Court for proper decision; and thereupon the Supreme Court shall give its instruction on the question certified to it, which shall be binding on the Court of Appeals in such case. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below, in cases pending in the Court of Appeals, shall result from delay in disposing of questions certified by the Court of Appeals to the Supreme Court. All writs of error in the Court of Appeals when received by its clerk during a term of the court and before the docket of the term is by order of the court closed, shall be entered thereon, and when received at any other time shall be entered on the docket of the next term, and they shall stand for hearing at the term for which they are so entered, under such rules as the court may prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals, until otherwise provided by law. The first term of the Court of Appeals shall be held on the Page 27 first Monday in January, Anno Domini nineteen hundred and seven. The laws relating to the Supreme Court, as to qualifications and salaries of the judges, the designation of other judges to preside when members of the court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the court, the powers, practice, procedure, times of sitting and costs of the court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution, and until otherwise provided by law, shall apply to the Court of Appeals, so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. Court of Appeals, judges of. Jurisdiction. Officers. SEC. 4. Be it further enacted, That wherever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general election. Advertisement of proposed amendment SEC. 5. 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 in the fourth section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words, For Court of Appeals Amendment, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against Court of Appeals Amendment. Ratification SEC. 6. Be it further enacted, That the Governor be, and he is, hereby authorized and directed to provide for the submission of the amendment proposed in the first, second and third sections of this Act to a vote of the people as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act, and if ratified the Governor shall, when he [Illegible Text] such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of elections for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily papers Page 28 of this State, announcing such result and declaring the amendment ratified. Announcement of result SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 31, 1906. BEN HILL, COUNTY OF, CREATION OF. No. 372. An Act to propose to the qualified electors of this State an amendment to paragraph 2 of section 1 of article 11 of the Constitution of this State as amended by the ratification by the qualified voters of this State of the Act approved July 19, 1904, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the following amendment is hereby proposed to paragraph 2, section 1, article 11 of the Constitution of this State, as amended by the ratification by the qualified voters of this State of the Act of July 19, 1904, to wit: by adding to said paragraph the following language: Provided, however, That in addition to the counties now provided for by this Constitution there shall be a new county laid out from the counties of Irwin and Wilcox, bounded as follows: `Beginning at the point where the south line of land lot No. 167 in the third district of Wilcox county crosses the Alapaha river, and running due east along the south line to the northeast corner of land lot 159 in the third district of Irwin county; thence north to the northeast corner of land lot 172 in the third district of Wilcox county; thence east to the northeast corner of land lot No. 174 in the third district of Irwin county; thence south to the northeast corner of land lot No. 157 in the third district of Irwin county, and thence east to the northeast corner of land lot 156 in the third district of Irwin county, and thence south to the northeast corner of land lot No. 66 in the third district of Irvin [Illegible Text] thence east to the northeast corner of land lot No. 62 in the third district of Irwin county, and thence south to he northeast corner of land lot No. 32 in the third district of Irvin county; thence east to the southeast corner of land lot No. [Illegible Text] in the fourth district of Irwin county, and thence north to the southewest corner of land lot No. 206 in the fourth district of Page 29 Irwin county, and thence east to the southeast corner of land lot No. 39 in the fourth district of Irwin county, and thence north along the east line of land lot No. 39 to the Ocmulgee river, and thence in a westerly direction along the Ocmulgee river to the point where House creek in Wilcox county empties into the Ocmulgee river, and thence in a westerly direction along the said House creek to the point where the said House creek crosses the north line of land lot No. 255 in the third district of Wilcox county, and thence west along the north line of said land lot 255 and the district lines between the first and third districts in the said county of Wilcox to the Alapaha river, and thence in a southerly direction along the said Alapaha river to the starting-point.' That Fitzgerald shall be the county-site of said county. Said county shall be attached to the Third congressional district and to the Oconee judicial circuit until another circuit shall be established embracing the present county of Irwin, in which case it shall belong to said new circuit, and shall be attached to the fifteenth State senatorial district. That all legal voters residing in the limits of said county of Ben Hill entitled to vote for members of the General Assembly under the laws of Georgia shall, on the first Tuesday in January 1907, elect an ordinary, a clerk of the superior court, a sheriff, a coroner, a tax-collector, a tax-receiver, a county surveyor, and a county treasurer and three commissioners of roads and revenues for said county, said election to be held at Fitzgerald, the county-site of said county. That the superior courts of said county shall be held on the first Mondays in April and October of each year. The limits of the said county, the congressional and senatorial districts and the judicial circuit to which it is attached, the time of holding the terms of the superior courts shall be as designated above until changed by law. County of Ben Hill. County site. County officers, election of. SEC. 2. Be it further enacted, That when this proposed amendment shall be agreed to by two-thirds ([frac23]) of the members elected to each of the two houses and shall have been entered on the journal of each house with the ayes and nays taken thereon, the Governor is hereby directed to cause the said proposed amendment to be advertised in at least two papers in each congressional district at least two months before the next general election, to be held on the first Wednesday in October, 1906, and he shall also provide for a submission of the proposed amendment at said general election. And, if a majority of the electors shall ratify such proposed amendment by a majority of the electors qualified to vote for members of the General Assembly, such amendment shall become a part of the Constitution of Georgia. Submission to electors for ratification. Page 30 SEC. 3. Be it further enacted, That it shall be the duty of the Governor to submit said amendment to the people at said election in the following form: That those voting in favor of said proposed amendment shall have written or printed on their tickets, In favor of ratification of the amendment to the Constitution creating the county of Ben Hill with Fitzgerald as the countysite, and those opposed to the ratification of said amendment shall have written or printed on their tickets, Opposed to the ratification of amendment to the Constitution creating the county of Ben Hill with Fitzgerald as the county-site. Approved July 31, 1906. Page 31 TITLE IV. CODE AMENDMENTS. ACTS. Vol. 1, Sec. 574Commutation tax. Vol. 1, Sec. 735Redemption of property sold for municipal tax. Vol. 1, Sec. 982State Depository in Bremen. Vol. 1, Sec. 982State Depository in Butler. Vol. 1, Sec. 982State Depository in Cairo. Vol. 1, Sec. 982State Depository in Franklin. Vol. 1, Sec. 982State Depository in Georgetown. Vol. 1, Sec. 982State Depository in Gibson. Vol. 1, Sec. 982State Depository in Jonesboro. Vol. 1, Sec. 982State Depository in Jeffersonville. Vol. 1, Sec. 982State Depository in McDonough. Vol. 1, Sec. 982State Depository in Ringgold. Vol. 1, Sec. 982State Depository in Rochelle. Vol. 1, Sec. 982State Depository in Talbotton. Vol. 1, Sec. 982State Depository in Tallapoosa. Vol. 1, Sec. 982State Depository in Tifton. Vol. 2, Sec. 3693Promissory notes, due on holiday, when payable. Vol. 2, Sec. 4102Justice's Court, in cities, jurisdiction, etc. Vol. 2, Sec. 5404Fees of Constables. Vol. 3, Sec. 629Votes, buying or selling, a misdemeanor. COMMUTATION TAX. No. 461. An Act to amend section 574, volume 1 of the Code of 1895, by striking the words fifty cents in line nine and inserting in lieu thereof the words one dollar. 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, section 574 of volume 1 of the Code of 1895 be, and the same is, hereby amended by striking the words fifty cents in line nine and inserting Page 32 in lieu thereof the words one dollar, so that said section when amended shall read as follows: Each male citizen between the ages of sixteen and fifty years shall be subject to road duty (except those who are now exempt by law), and shall be required, when notified or summoned, to work on the public roads of the county of his residence for such length of time in each year as may be fixed, or to pay such commutation tax as may be fixed by said authorities; provided, that no one shall be required to work for longer than ten days in any one year, nor shall said commutation tax be fixed at a sum that will amount to more than one dollar per diem for the number of days' work required; provided, that this Act shall become operative only in such counties of this State as have a population of between 14,500 and 14,750, according to the United States census of 1900. Commutation tax. SEC. 2. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. REDEMPTION OF PROPERTY SOLD FOR MUNICIPAL TAX. No. 456. An Act to amend section 735 of the Code of 1895, volume 1, as amended by an Act of the General Assembly, approved August 13, 1904, entitled An Act to amend section 735 of the Code of 1895, volume 1, relating to the method of disposition of property purchased by a municipal corporation at tax sale under the power to so purchase under section 734 of the Code of 1895, volume 1, by providing that under certain conditions settlment may be made with the owner of the property, 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 735 of the Code of 1895, volume 1, as amended by said Act approved August 13, 1904, entitled An Act to amend section 735 of the Code of 1895, volume 1, relating to the method of disposition of property purchased by a municipal corporation at tax sale under the power to so purchase in section 734 of the Code of 1895, volume 1, by providing that under certain conditions settlement may be made with the owner of the property, Page 33 which Code section as amended by said Act reads as follows: Neither the governing body of any such municipal corporation, whether known as mayor and councilmen, mayor and aldermen, or by any other name, during whose term any such sale shall take place, nor any subsequently appointed or elected governing body, shall be capable of divesting or alienating the title of the corporation to any property so purchased, excepting by a public sale of the same to the highest bidder; provided, that where it is clearly shown to the mayor and council, or other governing body of any municipal corporation in this State, that property, either returned or unreturned, has been sold and purchased by the said mayor and council or other governmental body of any municipal corporation in this State, to protect its taxes and the cost of collecting the same, and that the owner of said property has subsequently continued to return said property and pay taxes thereon, such mayor and council, or other governmental body in any municipal corporation of this State, shall, by a unanimous vote, be authorized to quitclaim such property to such owner, his administrators, executors, heirs, or assigns, upon payment of all taxes which may be due, and all cost due by reason of said taxes, be amended by striking out therefrom the words, and that the owner of said property has subsequently continued to return said property and to pay taxes thereon, and by substituting therefor the words, and that said mayor and council, or other governing body of such municipal corporation has not parted with title to the same, and also by striking out the words to such owner where they occur between the words such property and his administrators, and substituting therefor the words, to the owner thereof at the time of purchase by said mayor and council of any governmental body in any municipal corporation, so that said section 735 when amended by this Act shall read as follows: Neither the governmental body of any such municipal corporation, whether known as mayor and councilmen, mayor and aldermen, or by any other name, during whose term any such sale shall take place, nor any subsequently appointed or elected governing body, shall be capable of divesting or alienating the title of the corporation to any property so purchased, excepting by a public sale of the same to the highest bidder; provided, that where it is clearly shown to the mayor and council or other governing body of any municipal corporation in this State that property, either returned or unreturned, has been sold and purchased by the said mayor and council or other governmental body of any municipal corporation in this State, to protect its taxes Page 34 and the cost of collecting the same, and that said mayor and council, or other governmental body of such municipal corporation, has not parted with title to the same, such mayor and council, or other governmental body in any municipal corporation of this State shall, by a unanimous vote, be authorized to quitclaim such property to the owner thereof at the time of purchase by said mayor and council, or other governmental body, his administrators, executors, heirs or assigns, upon payment of all taxes which may be due and all cost due by reason of said sale. Redemption of property sold for municipal tax. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 21, 1906. STATE DEPOSITORY IN BREMEN. No. 365. 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 Bremen, in Haralson 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 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 city of Bremen, in Haralson county, Georgia, to the list of such cities. State depository in Bremen. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1906. Page 35 STATE DEPOSITORY IN BUTLER. No. 363. 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 Butler, in the county of Taylor, Georgia, to the list of said towns and cities, 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 982 of the Code of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named as State depositories, and the several Acts amendatory thereof, be, and the same are, hereby so amended as to add the town of Butler, in Taylor county, Georgia, to the list of such towns and cities. State depository in Butler. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1906. STATE DEPOSITORY IN CAIRO. No. 521. 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 Cairo, in the county of Grady, 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 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 Cairo, in Grady county, to the list of such towns. State depository in Cairo. Page 36 SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. STATE DEPOSITORY IN FRANKLIN. No. 385. 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 Franklin, in the county of Heard, 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 amended so as to add the town of Franklin, in the county of Heard, State of Georgia, to the list of such cities and towns. State depository in Franklin. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. STATE DEPOSITORY IN GEORGETOWN. No. 389. An Act to amend section 982, 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 town of Georgetown, in Quitman county, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of Georgia, Page 37 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 is, hereby amended so as to add the town of Georgetown, in Quitman county, Georgia, to the list of such cities and towns. State depository in Georgetown. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. STATE DEPOSITORY IN GIBSON. No. 479. An Act to amend section 982, 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 town of Gibson, in Glascock county, to the list of said 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 is, hereby amended so as to add the town of Gibson, in Glascock county, Georgia, to the list of such cities and towns. State depository in Gibson. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. Page 38 STATE DEPOSITORY IN JONESBORO. No. 362. 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 Jonesboro, in Clayton 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 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 city of Jonesboro, in Clayton county, Georgia, to the list of such cities. State depository in Jonesboro. SEC. 2. Be it further enacted, That laws and parts of laws in conflict are hereby repealed. Approved July 27, 1906. STATE DEPOSITORY IN JEFFERSONVILLE. No. 589. 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 Jeffersonville, in the county of Twiggs, to the list of such 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 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 city of Page 39 Jeffersonville, in Twiggs county, Georgia, to the list of such cities and towns. State depository in Jeffersonville. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. STATE DEPOSITORY IN McDONOUGH. No. 395. An Act to amend section 982 of the Code of Georgia 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 town of McDonough, in the county of Henry, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 982 of the Code of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named as State depositories, and the several Acts amendatory thereof, be, and the same are, hereby so amended as to add the town of McDonough, in the county of Henry, State of Georgia, to the list of such cities and towns. State depository in McDonough. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. Page 40 STATE DEPOSITORY IN RINGGOLD. No. 414. 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 town of Ringgold, in Catoosa 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 [Illegible Text] 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 General Assembly amendatory thereof, be, and the same are, hereby amended so as to add the town of Ringgold, in Catoosa county, Georgia, to the list of such cities and towns. State depository in Ringgold. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1906. STATE DEPOSITORY IN ROCHELLE. No. 598. An Act to amend section 982 of the Code of Georgia of 1895, and all Acts of the General Assembly amendatory thereof, so as to add the city of Rochelle, in the county of Wilcox, State of Georgia, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 982 of the Code of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named as State depositories, and the several Acts amendatory thereof, be, and the same are, hereby amended so as to add the city of Rochelle, in the county of Wilcox, State of Georgia, to the list of such cities and towns. State depository in Rochelle. Page 41 SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. STATE DEPOSITORY IN TALBOTTON. No. 560. An Act to amend section 982 of the Code of Georgia 1895, and the several Acts amendatory thereof providing for the selection by the Governor of banks in the cities and towns therein named as depositories so as to add the town of Talbotton, in the county of Talbot, to the list of said 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 Talbotton, in Talbot county, Georgia, to the list of said towns. State depository in Talbotton. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. STATE DEPOSITORY IN TALLAPOOSA. No. 367. 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 Tallapoosa, in Haralson county, to the list of such cities and towns. SECTION 1. Be it enacted by the General Assembly of Georgia, Page 42 and it is hereby enacted by authoity 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 city of Tallapoosa, in Haralson county, Georgia, to the list of such cities. State depository in Tallapoosa. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1906. STATE DEPOSITORY IN TIFTON. No. 413. 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 Tifton, in Tift 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 one 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 city of Tifton, in Tift county, Georgia, to the list of such cities and towns. State depository in Tifton. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1906. Page 43 PROMISSORY NOTES, DUE ON HOLIDAY, WHEN PAYABLE. No. 458. An Act to amend section 3693, volume 2, of the Code of 1895which section relates to the time when promissory notes, etc., shall be paid in connection with a public holidayby striking from said section, lines four to six, both inclusive, the words Saturday next preceding, and papers which would otherwise be payable on such Monday shall be payable on the Tuesday next thereafter, and substituting in lieu thereof the words secular or business day next succeeding; by striking from said section, lines seven to ten, both inclusive, the words the Sunday following shall be payable on the Monday next succeeding. Whenever either of said days shall fall on Monday, the papers which would otherwise be payable on that day shall be payable the Tuesday next succeeding, and substituting the words that day, or on the Sunday following, shall be payable on the business day next succeeding; 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 3693, volume 2, of the Code of 1895which section relates to the time when promissory notes, etc., shall be paid in connection with a public holidaybe, and the same is, hereby amended by striking from said section, lines four to six, both inclusive, the words Saturday next preceding, and papers which would otherwise be payable on such Monday shall be payable on the Tuesday next thereafter, and substituing in lieu thereof the words secular or business day next succeeding; by striking from said section, lines seven to ten, both inclusive, the words the Sunday following shall be payable on the Monday next succeeding. Whenever either of said days shall fall on Monday, the papers which would otherwise be payable on that day shall be payable on the Tuesday next succeeding, and substituting the words that day, or the Sunday following, shall be payable on the business day next succeeding, so that said section, thus amended, shall read as follows: Whenever any such holiday shall fall upon Sunday, the Monday next following shall be deemed a public holiday, and papers due on such Sunday shall be payable on the secular or Page 44 business day next succeeding. Whenever either of the days shall fall on Saturday, the papers due on that day, or on the Sunday following, shall be payable on the business day next succeeding. Promissory notes, when payable. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. JUSTICES COURTS, IN CITIES, JURISDICTION, ETC. No. 454. An Act to amend section 4102 of volume 2, Code 1895, by striking the words United States census, in the fourth line of said section, and inserting in lieu thereof the words, last authorized census 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 section 4102 of volume 2 of the Code of 1895 be amended by striking the words United States census, in the fourth line of said section, and inserting in lieu thereof the words last authorized census of said city, so that said section when amended shall read as follows: Sec. 4102. Places for holding court in cities. All justice courts and notary public ex-officio justice of the peace courts for militia districts embraced in whole or in part within the corporate limits of any of the cities of this State, having by the last authorized census of said city, a population of over five thousand (5,000) inhabitants, shall have jurisdiction as fixed by the Constitution in and over said district and in and over said city, and shall hold their courts monthly at fixed times and places at some convenient place within said district or city, said time and place to be fixed as now provided by law. Said justices and notary public ex-officio justices of the peace may hold their courts at the same or at different times or at the same or different places, as they may desire. Justices' courts in cities. Jurisdiction, when and where held. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 45 FEES OF CONSTABLES. No. 455. An Act to amend section 5404 of volume 2 of the Code of 1895, by increasing the compensation of a constable for keeping stock, 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 5404 of volume 2 of the Code of 1895 be, and the same is, hereby amended by striking the figures 25 in the sixteenth line and inserting in lieu thereof the figures 50, and by striking the figures 05 in the seventeenth line and inserting in lieu thereof figures 15, and by striking figures 04 in the eighteenth line and inserting in lieu thereof the figures 05, so that section when amended will read as follows: Constables, fees of. Sec. 2. The fees of constables shall be as follows: For serving a warrant, summons or attachment $.35 For serving each additional copy .30 For copying and serving each original summons .35 For summoning each witness .30 For attending court, for each judgment rendered by a justice of the peace or notary public .35 For attending each trial on a day different from regular court day .35 For levying fi. fa. and advertising .35 For settlement of fi. fa. when property is not sold .30 For return of nulla bona .30 For summoning jury in inquest 1.00 For collecting execution issued by coroner .75 For keeping a horse, mule, ass, or ox per day .50 For each head of neat cattle, per day .15 For each head of sheep, goats, or hogs, per day .05 For all sales made by him, amount on sales .6 For attending grand jury, per day 1.00 For serving warrant in criminal cases 1.25 For keeping and maintaining prisoner before examination not exceeding twenty-four hours .75 For serving rule to establish lost papers .35 For every additional copy .30 For following property with attachment out of county, going and returning, per mile .05 Page 46 For levying each distress warrant .50 For taking bond in civil cases .50 For taking bond in criminal cases 1.00 For executing search-warrant .75 For serving garnishee .35 For each additional copy .25 For summoning jury .50 For attending trial on appeal .30 For executing warrants against intruders or tenants holding over 1.25 SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved August 20, 1906. VOTES, BUYING OR SELLING, A MISDEMEANOR. No. 451. An Act to amend section 629 of the Penal Code of Georgia of 1895, volume 3, relating to buying and selling votes and voting illegally, so as to make it a misdemeanor also for any person to contribute money or any other thing of value for the purpose of buying a vote at any election in this State, or in any county thereof, and to make it a misdemeanor to hire workers or to be hired as workers at such election, and to make the provisions of section 629 of the Penal Code applicable to primaries, and to compel persons offending against these provisions to testify as witnesses. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 629 of the Penal Code of Georgia of 1895 be, and the same is, hereby amended by adding in the second line of paragraph 1 of said section, after the word selling, the following words, to wit: or contribute money or any other thing of value for the purpose of buying; and by adding at the end of section 629, after the word misdemeanor the following clause, to wit: On the trial of any person for offending against this section of the Code any other person who may have participated in any violation of the provisions of the same shall be a competent witness and be compelled to give evidence; and nothing then said by such witness Page 47 shall, at any time, be received or given in evidence against him in any prosecution, except on an indictment for perjury in any matter to which he may have testified. All the provisions of section 629 of the Penal Code shall be applicable, so far as the same may be, to all primary elections held in this State. The hiring of workers qualified to vote in said election or primary before or on the day of election for the alleged purpose of canvassing for or influencing votes in behalf of any candidate or the being hired for said purpose, is hereby declared to be a misdemeanor, so that said section as hereby amended shall read as follows: Buying or selling votes, and voting illegally. Sec. 629 (4569, 4568a). Buying or selling votes, and voting illegally. If any person shall 1. Buy or sell, or offer to buy or sell, a vote, or shall be in any way concerned in buying or selling, or contribute money or any other thing of value for the purpose of buying a vote at any election in this State, or in any county thereof; or 2. If any person shall vote at any such election who has not resided in this State one year next preceding such election; or 3. Who has not resided six months next preceding said election in the county in which he has voted; or 4. Who has not paid all taxes which, since the adoption of the present Constitution of this State, have been required of him previous to the year in which said election occurs, and which he has had an opportunity of paying agreeably to law; or 5. Who has been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malpractice in office, bribery or larceny, or any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless he shall have been pardoned; He shall be guilty of a misdemeanor. On the trial of any person for offending against this section of the Code any other person who may have participated in any violation of the provisions of the same shall be a competent witness and be compelled to give evidence; and nothing then said by such witness shall, at any time, be received or given in evidence against him in any prosecution, except on an indictment for perjury in any matter to which he may have testified. All the provisions of section 629 of the Penal Code shall be applicable, so far as the same may be, to all primary elections held in this State. The hiring of workers qualified to vote in said election Page 48 or primary before or on the day of election for the purpose of canvassing for or influencing votes in behalf of any candidate or the being hired for said purpose is hereby declared to be a misdemeanor. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 49 TITLE V. SUPERIOR COURTS. ACTS. Superior Courts, terms of, in Brunswick Circuit. Superior Courts, for counties in Cordele Circuit. Superior Courts, terms of, in Cordele Circuit. Superior Courts, terms of, in Crawford county. Superior Courts, terms of, in Franklin county. Superior Courts, terms of, in Habersham county. Superior Courts, terms of, in Marion county. Superior Courts, terms of, in Muscogee county. Superior Courts, Judges of, Salary of. Superior Courts, Judges of, Compensation for Service. Superior Courts, Reporters of, Compensation of. City Courts, Salary of Judges. City Courts, Stenographers for. SUPERIOR COURTS, TERMS OF IN BRUNSWICK CIRCUIT. No. 650. An Act to revise the superior court calendar for the counties composing the Brunswick judicial circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the time for holding the superior courts in the counties composing the Brunswick judicial circuit shall, from and after the passage of this Act, be as follows: Superior Courts of Brunswick Circuit, when held. ApplingFirst Monday in March and third Monday in September. CamdenTuesdays after the second Monday in March and fourth Monday in September. CoffeeFourth Monday in March and first Monday in October. Page 50 CharltonTuesdays after the first Monday in April and fourth Monday in October. ClinchSecond Monday in April and third Monday in October. WareThird Monday in April and first Monday in November. PierceFirst Monday in May and third Monday in November. WayneThird Monday in March and fourth Monday in November. Jeff DavisFourth Monday in February and second Monday in September. GlynnThird Monday in May and first Monday in December. SEC. 2. Be it further enacted, That all writs, processes, summons, orders and other proceedings returnable to said courts prior to the passage of this Act shall be held and considered as returnable to the terms as herein fixed and prescribed; and the grand and petit jurors drawn for the terms as prescribed prior to the passage of this Act shall be required to attend and serve as such jurors at times fixed for the terms as prescribed in this Act; provided, that it shall be discretionary with the presiding judge to draw separate panels of grand and petit jurors for each week of such court as are held longer than one week, or require the same jurors to attend and serve the entire term, or so long as their services may be required. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 21, 1906. SUPERIOR COURTS, FOR COUNTIES IN CORDELE CIRCUIT. No. 470. An Act to create and organize a new judicial circuit of the superior courts of this State. SECTION 1. Be it enacted by the General Assembly of Georgia, That a new judicial circuit of the superior courts of this State, to be called the Cordele circuit, be, and the same is, hereby created, to be composed of the counties of Dooly, Wilcox, Irwin and Crisp. Page 51 SEC. 2. Be it further enacted by the authority aforesaid, That at the general election for members of the General Assembly and other State officers, to be held on the first Wednesday in October, 1906, next, there shall be elected a judge of and for said circuit, also a solicitor-general of and for said circuit, to hold their offices for the term of four years from January the first, nineteen hundred and seven (1907), said election to be conducted in the same manner as judges of the superior courts and solicitors-general are required to be elected by the Constitution and laws of this State; and that their successors be elected regularly for succeeding terms of four years as judges of the superior courts and solicitors-general are required to be elected by the Constitution and laws of this State. Cordele Circuit. SEC. 3. Be it further enacted by the authority aforesaid, That all petitions, motions, mesne and final processes, summonses and other writs and proceedings issued and returnable or pending in the several counties in the circuits to which they belonged before the pasage of this Act, shall relate to and hold good in the courts of the new circuit. SEC. 4. Be it further enacted by the authority aforesaid, That until the first day of January, 1907, the several counties named in the first section of this Act shall be deemed a part of and belonging to the judicial circuits to which they belong at the time of the passage of this Act, and the judges of the superior courts and solicitors-general of the several circuits to which they severally belong shall continue to hold their several courts, the same as if this Act had not been passed until January 1, 1907. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1906. SUPERIOR COURTS, TERMS OF IN CORDELE CIRCUIT. No. 468. An Act to fix the time of holding the superior courts in the various counties composing the Cordele circuit of this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the Page 52 State of Georgia, and it is hereby enacted, That the time of holding the superior courts of the counties composing the Cordele judicial circuit shall be hereafter as follows, to wit: For the county of Dooly, the first and second Mondays in February and July; for the county of Crisp, the third and fourth Mondays in February and July; for the county of Irwin, the first and second Mondays in March and September; for the county of Wilcox, the third and fourth Mondays in March and September; for the county of Ben Hill the first Monday in April and October. Superior Courts of Cordele Circuit, when held. SEC. 2. Be it further enacted by the authority aforesaid, That all petitions, bills, writs, summonses, mesne and final processes and other proceedings of whatever kind, now returnable and pending in the several courts, as the terms are now provided for, shall hold good and relate to the terms of said courts as provided for in this Act. SEC. 3. Be it further enacted by the authority aforesaid, That the judge of said Cordele circuit shall have authority at any time after his qualification, to draw grand and traverse juries in accordance with the provisions of this Act, for each of the spring terms of said court to be held in the year 1907. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. SUPERIOR COURTS, TERMS OF IN CRAWFORD COUNTY. No. 545. An Act to fix the time for holding the superior court of the county of Crawford, to prescribe the length of the terms thereof, 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 times for holding the superior courts of the county of Crawford shall be as follows: The spring term shall begin on the third Monday in March, and the fall term shall begin on the fourth Monday in October. Superior Court of Crawford county, when held. SEC. 2. Be it further enacted, That all petitions, bills, bonds, Page 53 writs, claims, summonses, mesne and final process, and suits of any description issued from, returnable to, and pending in said court, shall hold good and relate to the terms of the court as changed, fixed and provided by the Act, and that all persons who may be summoned to attend said court at the terms now fixed by law shall be required to attend the terms as changed, fixed and provided by this Act. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. SUPERIOR COURT, TERMS OF IN FRANKLIN COUNTY. No. 553. An Act to change the time of holding the superior court of Franklin county, in the Western circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1907, the time of holding the superior court of the county of Franklin, in the Western circuit, shall be changed from Tuesday after the fourth Monday in March and September to the fourth Monday in March and September of each year. Superior Court of Franklin county, when held. SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes, orders and summonses, subp[oelig]nas, bailbonds, and all processes and proceedings of all kinds returnable to said court after the September term, 1906, of said court prior to the first day of January, 1907, shall be held and considered returnable to the terms as herein fixed and prescribed; and that all jurors and witnesses drawn or summoned to attend any term of said court, after the September term, 1906, of said court shall be required to attend the corresponding term as fixed and prescribed by this Act. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 54 SUPERIOR COURT, TERMS OF IN HABERSHAM COUNTY. No. 676. An Act to change the time of holding the superior court of Habersham county, Georgia, in the Northeastern circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1907, the time of holding the fall term of the superior court of Habersham county, Georgia, shall be changed from the first and second Mondays in September to the second and third Mondays in August of each year. Superior Court of Habersham county, when held. SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes, orders, summonses, subp[oelig]nas, bail-bonds, and all processes and proceedings of any kind, returnable to said court prior to the first day of January, 1907, shall be held and considered as returnable to the terms of court as herein fixed, and all jurors, witnesses, parties or other person or persons sworn or summoned, required or ordered to attend any term of said court as now fixed by law shall be required to attend the term of court as herein fixed and provided by this Act, to the same extent as they are now required to attend the term of court. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. SUPERIOR COURT, TERMS OF IN MARION COUNTY. No. 541. An Act to provide for two weeks session of the superior courts of the county of Marion, 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 superior courts of the county of Marion, said State, which convene on the fourth Mondays in April and October each year, may remain in session for a period of two (2) weeks. Superior Court of Marion county, when held. Page 55 SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. SUPERIOR COURT, TERMS OF IN MUSCOGEE COUNTY. No. 400. An Act to provide for holding four terms of the superior court of Muscogee county in each year, to fix the time for the holding of said terms of 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 four regular terms of the superior courts of Muscogee county shall be held in each year, instead of two terms of said court, as now provided by law. Superior Court of Muscogee county, when held. SEC. 2. Be it further enacted by the authority aforesaid, That the time for the beginning of each of said regular terms of said court shall be as follows, to wit: The first Monday in November, the first Monday in February, the first Monday in May, the first Monday in August in each year. SEC. 3. Be it further enacted, That this Act shall be of force and go into effect on the first day of September, 1906, and that the first regular term of said court under this Act shall begin on the first Monday in November, 1906. SEC. 4. Be it further enacted, That all writs, processes, summonses, orders and other proceedings heretofore or hereafter issued or made returnable or pertaining to the November term, 1906, of said court shall be deemed and held returnable and pertaining to the said November term, 1906, convening on the said first Monday in November, 1906, and the grand and traverse jurors heretofore or hereafter drawn or summoned for the November term, 1906, shall be required to attend and serve at the November term, 1906, convening on said first Monday in November, 1906. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 4, 1906. Page 56 SUPERIOR COURTS, JUDGES OF, SALARY OF. No. 374. 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, as approved August 6, 1904, and amended August 15, 1905, by striking the words nor more than 75,000, and inserting the words according to the United States census of 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 Act entitled an Act to regulate the salaries of judges of the superior courts approved August 6, 1904, and amended August 15, 1905, be further amended by striking out of the fifth and sixth lines of said original Act, and the fifth line of section one of said amendment, the words following, to wit: nor more than 75,000, and inserting in the seventh line in said original Act after inhabitants the words according to the United States census of 1900, so that said Act as amended August 15, 1905, when amended hereby shall read as follows: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the judges of the superior courts of 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 34,000 inhabitants, according to the United States census of 1900, shall receive a salary of five thousand dollars per annum, 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; provided, that the provisions of this Act shall not affect the salaries of such judges as are now in commission. Salary of judges of superior courts whose circuits include cities. SEC. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 31, 1906. Page 57 SUPERIOR COURTS, JUDGES OF, COMPENSATION FOR SERVICE. No. 505. An Act to regulate the compensation of judges of the superior court for services rendered outside of their own circuits in those judicial circuits of this State having therein a city with a population of not less than 75,000 inhabitants, according to the census of 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 in all judicial circuits of this State having therein a city with a population of not less than 75,000 inhabitants, according to the census of 1900, wherein judges of superior courts of judicial circuits other than the ones containing such a city, are now or hereafter may be authorized by law to sit as judges of the superior court in such circuits, having a city of the class aforesaid, such judges so sitting out of their regular circuits shall, for their services while so engaged in holding such courts, or in the discharge of the business thereof in such circuit, containing a city of the class above described, receive as compensation for their services in addition to their regular salary as judges of the superior court, the sum of not more than $2,000 per annum, in the discretion of the commissioners of roads and revenues or such authority as has control of the financial affairs of the county in which such city of the class above described is located; provided, that the $2,000 or such part thereof as may be fixed by said commissioners or such other county authority shall be paid out of the treasury of the county in which said city of the class above described is located, as other court expenses of such county are paid. Compensation of judges of superior courts for services outside their circuits. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. Page 58 SUPERIOR COURTS, REPORTERS OF, COMPENSATION OF. No. 527. An Act to regulate the compensation of official stenographic reporters of the superior courts in all counties in this State having cities with a population of not less than 39,000 nor more than 54,000 inhabitants. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the compensation of the official stenographic reporters of the superior courts in all counties in this State having therein a city with a population of not less than 39,000 nor more than 54,000 inhabitants shall be the sum of one hundred and twenty-five dollars per month, to be paid out of the treasury of the counties in which such cities are located, as the court expenses are paid, such compensation to be in full for all services of any kind properly chargeable to, and to be paid out of the treasury of such counties; this Act to take effect on and from the first day of the calendar month next succeeding its approval by the Governor. Reporters of superior courts, compensation of. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. CITY COURTS, SALARY OF JUDGES. No. 375. An Act to amend an Act entitled an Act to fix the salaries 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, and to provide for the salaries of the bailiffs of such courts, to provide for the payment of such salaries, by striking the words nor more than 75,000, 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, Page 59 That an Act of the General Assembly approved August 15, 1905, entitled an Act to fix the salaries of judges of the city courts of the State in counties where there is a population of not less than 39,000, nor more than 75,000, be amended by striking from the fifth line thereof the words nor more than 75,000, so that said Act when so amended shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That 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, 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 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. Salary of judges of certain city courts. SEC. 2. Be it further enacted by authority of the same, That in all such courts as are referred to in said section one of this Act the county commissioners of such counties shall, and they are, hereby authorized to pay to such bailiffs as may be appointed, or who may be serving under present appointment, to serve in attendance upon such courts, a salary not to exceed the sum of seventy-five dollars per month, such salaries as are herein provided to be paid out of the treasury of such counties in the same manner as the appointed bailiffs of said courts are now paid. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 31, 1906. CITY COURTS, STENOGRAPHERS FOR. No. 562. An Act to provide for the appointment of stenographic reporters of city courts in counties having therein a city of not less than 39,000 nor more than 54,000 inhabitants; to define their duties, fix their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the judges of the city court in all counties in this State having Page 60 therein a city with a population of not less than 39,000, nor more than 54,000, according to the United States census of 1900, shall have power to appoint, and at pleasure remove, an official stenographic reporter of said court. Such reporter, before entering upon the duties of his office, shall be duly sworn, in open court, faithfully to perform all the duties required of him, under this Act; and it shall be his duty to attend all sessions of the court for which he is appointed, and when directed by the judge, as hereinafter set forth, to exactly and truly record or take stenographic notes of the testimony and proceedings in cases tried, except the argument of counsel. He shall, during the recess of the court, act as secretary to the judge of said court, and perform such duties as said judge may require. Reporters for city courts. SEC. 2. Be it further enacted, That the compensation of the reporter or stenographer for recording or taking stenographic notes, and recording the evidence in such civil cases as may be agreed by counsel for plaintiff and defendant to be recorded, or in case of disagreement, as aforesaid in such cases, as the presiding judge may direct to be recorded, shall be at a rate not to exceed ten cents per one hundred words, to be fixed by said judge, which fee shall be paid by the parties to the agreement, upon such terms as they may prescribe for themselves, and if no agreement is entered into as to the payment thereof, then in such manner as may be prescribed by the presiding judge. Compensation. SEC. 3. Be it further enacted, That said reporter or stenographer shall, for reports of evidence and other proceedings by him furnished, be paid by the party requesting the same, at a rate not to exceed ten cents for each one hundred words. SEC. 4. Be it further enacted, That said stenographer or reporter shall be paid one hundred dollars per month out of the county treasury for all services required of him, under the provisions of this Act; and in all counties to which this Act is applicable, said stenographer or reporter shall turn over, monthly, to the county treasurer of said county all moneys collected by him for reporting and transcribing the testimony and proceedings in all civil cases which may be so reported and transcribed by him in the said city court of said county; a monthly report to be made by him to the treasurer and the commissioner of roads and revenues, each, of said county, of all such moneys so collected and paid over by him, the said moneys to become a part of the county fund. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 61 TITLE VI. EDUCATION. ACTS. Local tax for public schools. Schools of agriculture and mechanic arts. Agricultural, Industrial and Normal College in South Georgia. University of Georgia, non-resident trustee. North Georgia Agricultural College, Board of Trustees. LOCAL TAX FOR PUBLIC SCHOOLS. No. 549. An Act to amend an Act entitled An Act to provide for the creation and operation of local tax district schools, and for the levying and collection of local tax by districts or counties for educational purposes, for the laying off of counties in school districts, and for other purposes, approved August 23, 1905, so as to provide for amending the caption, to provide a proper enforcement of the bill and for the laying off of counties into districts of reasonable size, for the election of district trustees, whether local tax is levied and collected or not, to provide a correct method of assessing and collecting the taxes in local 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 the Act entitled An Act to provide for the creation and operation of local tax district schools, and 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, approved August 23, 1905, be, and the same is, hereby amended as follows: Amend the caption by inserting at the end of the second line, between Page 62 the words local tax by and counties the words districts or. Amend section 1 of said bill by striking out the whole sentence beginning with the words By concurrent in the eighth line, and ending with the word election in the twelfth line. Amend section 1 further by inserting in line fifteen, after the words as possible and before the word provided, the following, and no territory shall be included whose occupants reside farther than three miles from the schoolhouse without the written petition of two-thirds of the qualified voters therein. And the same section shall also be amended by adding at the end of the section the following: The failure of any county board of education to comply with the requirements of this section within six months after the passage of this bill shall operate to annul their commissions, and the vacancies thus created shall be filled as the law now requires such vacancies to be filled. District schools SEC. 2. Be it further enacted, That the number of section 2 of said Act shall be changed so as to read Section 3, and amended by inserting after the word education, in line twenty-five, the following, and he shall receive a commission of two and one-half per cent. for collecting the same. SEC. 3. Be it further enacted, That said Act shall be also amended by enacting the following as section 2: Sec. 2. Be it further enacted, That within ninety days after the board of education has laid the county off as required in section 1, the said board of education shall order the citizens of the several school districts to hold an election for the purpose of electing three trustees for each district in the county. Said election shall be held at a time and place and in a manner prescribed by the county board of education. The said trustees shall be 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, and 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 members president, and one secretary and treasurer. If the county board of education should consider any member or members thus selected unqualified for the work, they shall refuse to confirm the election of such member or members, and require the citizens of the district, at a time and place, and in a Page 63 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 be 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. But no trustee shall be removed from office without sufficient proof, and he shall be served with a copy of such complaint at least ten days prior to the time set for hearing, when such trustee shall be afforded an opportunity to be heard in his defense. Trustees. SEC. 4. Be it further enacted, That said Act shall be also amended by striking out section 3 and substituting the following to be numbered section 4: Sec. 4. Be it further enacted, That whenever the citizens of any school district in a county not levying a local tax for education purposes wish to supplement the funds received from the State public school fund by levying a 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 a 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 return 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. An election for the same purpose shall not be held oftener than every twelve months. Elections for local tax SEC. 5. Be it further enacted, That the numbering of section 4 shall be changed to section 5, the same stricken, and the following be substituted therefor: Sec. 5. Be it further enacted, That in Page 64 those districts which levy local taxes for educational purposes, the board of trustees shall make all rules and regulations to govern the schools of the district, and build and 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, and to fix the salaries of the teachers. 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. The secretary of the board of trustees of said district with the aid of the county school commission of said county, shall ascertain from the tax returns made to the tax-receiver, and from the returns made to the Comptroller-General the total value of all property in said district subject to taxation for county purposes, and a regular digest of all such property of said school district shall be made by said secretary in a book furnished by the board of trustees and kept for that purpose. At or before the time of fixing the rate of taxation for said county, the secretary of each local board of trustees, with the aid of the county school commissioners, shall levy such rate on the property thus found as will raise the total amount to be collected; provided, that such rate shall not exceed one-half of one per cent. The county school commissioner of each county, at or before the time for fixing the rate of said county by the ordinary thereof, or the county board of commissioners, as the case may be, shall certify to said ordinary or said board of commissioners, as the case may be, and to the Comptroller-General of the State, the rate of taxation fixed for each school district in the county, and said taxing authority of said county shall levy such special tax at the same time and in the same manner as is now prescribed for levying taxes for county purposes. A copy of the special tax digest of said local tax district shall be furnished by the secretary of the local board of trustees to the tax-collector of the county, and it shall be his duty to compute and collect said taxes, keeping the same separate by school districts from county and State funds, and turn same over to the secretary of such local school districts as well as tax received for said district from railroads and other corporations that make their returns to the Comptroller-General, taking his receipt for same, upon order from the county school commissioner; and said tax-collector shall receive as compensation therefor two and one-half per cent. of the amount collected. Powers and duties of trustees. Local tax, how levied. In any case in which it is impossible to determine from the tax-returns Page 65 made to the tax-receiver of the county the value of the property of any citizen situated in any school district and subject to taxation in said district, the secretary of the board of trustees shall issue a summons to said taxpayer requiring him to make returns within five days to said secretary of his property situated in said district and subject to taxation for school purposes. Should said return be unsatisfactory to said secretary he shall reject the same and submit said return to arbitration as is now provided by law for such cases when returns are rejected by tax-receivers. Tax returns All property, both real and personal, including franchises belonging to railroad, telegraph and telephone companies, and to all other corporations which are now required to make their returns to the Comptroller-General of this State, which is in the taxable limit of any school district shall be, and the same is, hereby made subject to taxation by said school districts as fully and completely as is the property of other corporations within such taxable limits. Corporate property subject to local taxation. It is hereby made the duty of every such corporation in this State, in addition to the facts now required to be shown in their returns to the Comptroller-General, to also show in said returns the value of such corporation's property in each of said school districts through which it runs. The rolling-stock, franchises and other personal property of said corporation shall be distributed to said school districts on the same basis that rolling-stock, franchises and other personal property are distributed to counties and municipalities under the law, that is, as the value of the property located in the particular school district is to the whole located property, real and personal, of said corporation, such shall be the amount of rolling-stock, franchise and other personal property to be distributed for taxing purposes to each school district. All of the other provisions of the Act of October 16, 1889, entitled `An Act to provide a system of taxation of railroad property in each of the counties of the State through which said railroad runs, and to provide a mode of assessing and collecting the same, and for other purposes,' in so far as they can be applied, are hereby made applicable to the assessment and collection of taxes of all such companies and corporations which are now required by law to make their returns to the Comptroller-General, by and for school districts in this State upon the property and franchises of such companies located in such school districts and Page 66 upon the rolling-stock, franchises and other personal property distributed under the provisions of this Act. SEC. 6. Be it further enacted, That said Act shall be also amended by changing the numbering of sections 5, 6, 7 and 8, so as to read 6, 7, 8 and 9, respectively, so that the entire Act shall read, when amended, as follows: An Act to provide for the creation and operation of local tax district schools, and for the levying and collection of local tax by districts or counties for educational purposes, and for the laying off of counties into 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 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-lots, district-lines or county-lines. 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 buildings as near the center as possible, and no territory shall be included whose occupants reside farther than three miles from the school-house without written petition of two-thirds of the qualified voters therein; provided, that the board of education may have the right to establish districts with areas less than sixteen 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 smaller 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. School Districts. 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 the vote of the people as hereinafter provided, but such school district, including incorporated towns, having a population of four thousand or more, shall be and remain under the exclusive supervision and Page 67 direction of the school boards of the previously chartered schools in said class of incorporated towns and not under supervision of county board of education; and the school boards of such chartered schools in incorporated towns shall be 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 board of directors elected by them, the management and control of said chartered school shall remain in them, and they shall have all the rights and privileges of this Act to collect local taxes 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 district 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 districts 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. The failure of any county board of education to comply with the requirements of this section within six months after the passage of this bill shall operate to annual their commissions, and vacancies thus created shall be filled as the law requires such vacancies to be filled. School Districts including towns. Sec. 2. Be it further enacted, That within ninety days after the board of education has laid off the county as required in section 1, the said board of education shall order the citizens of the several school districts to hold an election for the purpose of electing three trustees for each district in the county. Said election shall be held at a time and place and in a manner prescribed by the county board of education. The said trustees shall be 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, and 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 commissioners, who shall submit the same to the county board of education for their approval. After the said local board of trustees have 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 county board of education should consider Page 68 any member or members unqualified for the work, they shall refuse to confirm the election of such member or members and require the citizens of a 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 be 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. But no trustee shall be removed from office without sufficient proof, and he shall be served with a copy of such complaint at least ten days prior to the day set for the hearing, when such trustee shall be afforded an opportunity to be heard in his defense. Trustees, election of. Sec. 3. 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 of 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 legal advertisements of 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 and 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 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 Page 69 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, and he shall receive a commission of two and one-half per cent. for collecting the same; 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 a special Act of the Legislature, and avail themselves of the provisions of this bill. Local tax. Sec. 4. Be it further enacted, That whenever the citizens of any school district in a county now levying a local tax for educational purposes wish to supplement the funds received from the State public-school fund by levying a 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 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 a time and place prescribed by the proper authorities, and under rules governing ordinary 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 results, 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 the regularly qualified voters residing in the district six months prior to the election. An election for the same purpose shall not be held oftener than every twelve months. Election for local tax. Sec. 5. Be it further enacted, That in those districts which levy a local tax for educational purposes, the board of trustees shall make all rules and regulations to govern the schools of the districts, and build and 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, and to fix the salaries of the teachers. They shall receive from the county board of education the share of 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. The secretary of the board of trustees of said Page 70 district, with the aid of the county school commissioners of said county, shall ascertain from the tax-returns made to the tax-receiver, and from the returns made to the Comptroller-General, the total value of all the property in said district subject to taxation for county purposes, and a regular digest of all such property in said school district shall be made by said secretary in a book furnished by the board of trustees and kept for that purpose. At or before the time of fixing the rate of taxation for said county the secretary of each local board of trustees, with the aid of the county school commissioner, shall levy such rate on the property thus found as will raise the total amount to be collected; provided, that such rate shall not exceed one-half of one per cent. The county school commissioner of each county, at or before the time for fixing the rate of said county by the ordinary thereof, or the county board of commissioners, as the case may be, shall certify to the said ordinary, or said board of commissioners, as the case may be, and to the Comptroller-General of the State the rate of taxation fixed for each school district in the county, and said taxing authority of said county shall levy such special tax at the same time and in the same manner as is now prescribed for levying taxes for county purposes. Trustees, powers and duties. Rate of taxation. A copy of the special tax digest of said local tax district shall be furnished by the secretary of the local board of trustees to the tax-collector of the county, and it shall be his duty to compute and collect said taxes, keeping the same separate by school districts from the county and State funds, and turn same over to the secretary of such local school districts, as well as tax received for said district from railroads and other corporations that make their returns to the Comptroller-General, taking the receipt for same upon order from the county school commissioner; and said tax-collector shall receive as compensation therefor two and one-half per cent. of the amount collected. In any case in which it is impossible to determine from tax returns made to the tax-receiver of the county the value of the property of any citizen situated in any school district and subject to taxation in said district the secretary of the board of trustees shall issue a summons to said taxpayer requiring him to make returns within five days to said secretary of his property situated in said district and subject to taxation for school purposes. Should said return be unsatisfactory to said secretary he shall reject the same and submit said return to arbitration, as is now provided by law for such cases when returns are rejected by tax-receivers. Tax returns Page 71 All property, both real and personal, including franchises belonging to railroad, telegraph and telephone companies, and to all other corporations which are now required to make their returns to the Comptroller-General of this State, which is in the taxable limit of any school district shall be, and the same is, hereby made subject to taxation by said school districts as fully and completely as is the property of other corporations within such taxable limits. Corporate property. It is hereby made the duty of every such corporation in this State, in addition to the facts now required to be shown in their returns to the Comptroller-General, to also show in said returns the value of such corporation's property in each of said school districts through which it runs, and for the purpose of enabling such corporation to show in said returns the value of its property in such school districts, it is hereby made the duty of the county superintendent of schools of each county to furnish on or before January 1, 1907, to each such corporation, information as to the boundaries of each school district in which such corporation may have property, such as will enable such corporation to determine the amount of its property in such district, and he shall also furnish similar information whenever the boundaries of any school district may be changed. The rolling-stock, franchises and other personal property of said corporation shall be distributed to said school districts on the same basis that rolling-stock, franchises and other personal property are distributed to counties and municipalities under the law; that is, as the value of the property located in the particular district is to the whole located property, real and personal, of said corporation, such shall be the amount of rolling-stock, franchise and other personal property to be distributed for taxing purposes to each school district. All of the other provisions of the Act of October 16, 1889, entitled `An Act to provide a system of taxation of railroad property in each of the counties of the State through which said railroad runs, and to provide a mode of assessing and collecting the same, and for other purposes,' in so far as they can be applied, are hereby made applicable to the assessment and collection of taxes of all such companies and corporations which are now required by law to make their returns to the Comptroller-General, by and for school districts in this State upon the property and franchises of such companies located in such school districts and upon the rolling-stock, franchises and other personal property distributed under the provisions of this Act. Page 72 Sec. 6. Be it further enacted, That the board of trustees may have the right to pay the secretary and treasurer a commission on the amount of local tax collected, not to exceed two and one-half per cent., but there shall be no commission allowed on the amounts 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 other data the county board of education may require whenever called upon to do so. Commission on tax collected. Sec. 7. 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 this State as administered by the county board of education shall be observed. County board of education. Sec. 8. Be it further enacted, That all elections held under the provisions of this Act shall be governed as to registration and qualification of voters as the general law governing special elections provides. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. SCHOOL OF AGRICULTURE AND MECHANIC ARTS. No. 448. An Act to provide for the establishment and maintenance of schools of agriculture and the mechanic arts in the respective congressional districts of this State. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Governor is hereby authorized to establish and cause to be maintained in each congressional district of the State an industrial and agricultural school in accordance with the further provisions of this Act. Said schools shall be branches of the State College of Agriculture, a department of the University of Georgia. The general board of trustees of the University shall exercise such supervision as in their judgment may be necessary to secure unity of plan and efficiency in said schools. An industrial and agricultural school in each congressional district. Page 73 SEC. 2. Be it further enacted, That all fees received from the inspection of fertilizers, oils, and all other inspection fees received by the Department of Agriculture in this State, after the present year, over the expenses of such inspection, and after any portion of said fund otherwise appropriated, shall be used as a fund for the purpose of establishing and maintaining such schools, and, as far as practicable, be equally divided between such schools, and the said Governor is authorized to pay to the trustees of said schools, from time to time, their respective portions of said fund. Fund to establish and maintain. SEC. 3. Be it further enacted, That the Governor is authorized and directed to appoint from each county in the respective congressional districts one trustee for the school to be established in such districts; such trustee to hold office for the term of six years from his appointment and until his successor is appointed, and that the trustees so selected in each district shall constitute a board of trustees for the school in said district, with power to control the management of said school, and make rules and regulations for the same, subject to the provisions of this Act. Trustees. SEC. 4. Be it further enacted, That the Governor shall be authorized to receive from any county, or any of the citizens thereof, a donation of a tract of land in such county, not less than two hundred acres, on which to locate a school for the district in which such county is situated, together with any additional donation in the way of buildings or money; and if there are two or more offers of such donations, the Governor, with the aid of the trustees of such school, shall select which to accept, taking into consideration the title, value, the centralness of location, accessibility and suitableness in any respect for the purpose intended, and upon the acceptance of any such donation, and the execution of proper deeds vesting title in the trustees, within a reasonable time, the school for said district shall be established on the tract selected, with the right to select another locality should such deeds not be made to the satisfaction of the Governor. And if no such donation is made or perfected in any district within one year from passage of this Act the pro rata share of the fund going to said district shall go into and be prorated in the regular common-school fund in said district. Donations and location. SEC. 5. Be it further enacted, That the principal of said schools shall, under the direction of the trustees, keep an account of all receipts from the sale of the products of the farm or shops which are not consumed in said school, and one-half of said receipts for each year shall be set aside as a fund to pay the students. That Page 74 each pupil, having performed to the satisfaction of the principal his duties for an entire school year, shall receive his pro rata of said fund, the amount going to each pupil not to exceed one hundred dollars, and the balance, if any, to be replaced in the general fund of the school. Support of students. SEC. 6. Be it further enacted, That the course of studies in said schools shall be confined to the elementary branches of an English education, and practical treatises or lectures on agriculture in all its branches, and the mechanic arts, and such other studies as will enable students completing the course to enter the Freshman class of the State College of Agriculture on certificate of the principal. Course of studies. SEC. 7. Be it further enacted, That the faculty of such schools shall consist of the principal, who shall be an intelligent farmer: one superintendent and instructor in farm-work, one intelligent mechanic, who shall direct and instruct in all mechanical work in and out of the shops; one practical instructor in care of stock and dairying, one instructor in English, and such other instructors and assistants as the funds of the college may permit. That the trustees may dispense with and combine the duties of any of the above, as necessity may require, and it shall be the duty of said instructors in said schools to co-operate in conducting farmers' institutes and farm and stock demonstrations in the several counties of their respective districts. Faculties. SEC. 8. Be it further enacted, That after the first buildings are erected, before the opening of such schools, which shall be only such as are absolutely necessary for temporary use, all work on, in and about said schools, or on the farm, or on or in the barns and shops connected with said schools, whether it be farming, building, care of stock, or work of whatever kind, shall be performed exclusively by the students of said schools, under such regulations for the proper division and alternations in such work as may be provided by the trustees. Work of students. SEC. 9. Be it further enacted, That tuition in said schools shall be free, and the trustees may limit the number of students, from time to time, according to the capacity and means of the institution, and shall make such rules of admission so as to equalize, as far as practicable, the privileges of the school among the counties according to population. And the trustees may defer the actual opening of the school until such time as may be necessary to prepare reasonably proper facilities and equipment for beginning the same, in the meantime accumulating for said purpose the funds going to said school which may be received from the rent of any Page 75 portion of the property, but it is made the duty of said trustees to open said school, even though it may have to be done at first on a limited scale, as early as practicable, and afterwards extend its operations as circumstances may permit; and the trustees are authorized to rent to the best advantage, from time to time, any portion of the property of said school not required for the purposes of said school. Schools, when and how opened SEC. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. AGRICULTURAL, INDUSTRIAL AND NORMAL COLLEGE IN SOUTH GEORGIA. No. 449. An Act to establish and organize an Agricultural, Industrial and Normal College in South Georgia as a branch of the University of Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That there shall be established in connection with the State University, and forming one of the departments or branches thereof, an Agricultural, Industrial and Normal College, to be located, equipped and conducted as hereinafter provided. An Agricultural, Industrial and Normal College. SEC. 2. Be it further enacted by the authority aforesaid, That said college shall be located in Lowndes county, Georgia, and for the said college the board of trustees, hereinafter provided, shall acquire in or near the city of Valdosta not less than fifty acres of land, to be used as a location for said college. Said land to be donated by the city of Valdosta and the citizens of this State, and shall be acceptable to the board of trustees, and in addition to said land such other donations as may likewise be acceptable to said board. Location. SEC. 3. Be it further enacted by the authority aforesaid, That the immediate charge of said college shall be in a board of trustees to be composed of the State School Commissioner and the chancellor of the University, for the time being, and nine citizens of Georgia, three of whom shall be residents of Lowndes county, to Page 76 be appointed by the Governor, three for a term of two years, three for a term of four years and three for a term of six years, from the date of their appointment, which board of trustees shall be the local board of said college. Trustees. SEC. 4. Be it further enacted by the authority aforesaid, That said college shall be a part of the University of this State, and under the general control and management of its board of trustees. The local board of trustees shall have authority from time to time to prescribe such rules and by-laws for the regulation of the college and the training and governing of students, and open such departments of training and instruction therein as said local board of trustees may think the progress and advancement of the times require, subject to the approval of the board of trustees of the University of Georgia and not inconsistent with this Act. Branch of University. SEC. 5. Be it further enacted by the authority aforesaid, That the officers of the said college shall be a president and such other officers, teachers and instructors as may be necessary, in the opinion of the local board of trustees, to carry on the college in accordance with the intention of this Act. The chancellor of the University shall be the general supervisor of said college. The officers aforesaid shall be elected and their salaries fixed by the said local board of trustees. Officers. SEC. 6. Be it further enacted by the authority aforesaid, That the eleven persons to be named in the third section of this Act, shall be a local board of trustees for said college with perpetual succession, as herein provided. The said board shall be charged always with the immediate control, supervision and management of said college, subject to the board of trustees of the University. Local board of trustees. SEC. 7. Be it further enacted by the authority aforesaid, That all property purchased or received under the authority of this Act shall be free from liens or incumbrances, and title to the same, as well as any donations that may be made to said local board of trustees, or the board of trustees of the University for the purposes of said college, shall be taken in the name of the trustees of the University in their corporate capacity, and said property shall become the property of the State of Georgia and shall not be alienated by any one, nor shall any valid lien be thereon, either by the erection of any building thereon or by the act of any person, nor by the operation of any law. Property of bought or donated. SEC. 8. Be it further enacted by the authority aforesaid, That the said local board of trustees shall serve without compensation, except that their actual expenses while they are away from their Page 77 several places of residence attending to the duties of said college, shall be paid. Compensation of trustees. SEC. 9. Be it further enacted by the authority aforesaid, That the one purpose of the normal department of this college shall be to train and equip teachers for the common schools of Georgia; provided, that the general branches incident to and taught in the regular course of the main higher or collegiate course, as well as the general agricultural course, be also taught and with equal strength as the normal branches; that the said local board of trustees are directed and required to arrange courses of study and select teachers with reference to rendering more efficient the rural teachers now in the schools of Georgia, and such others not now teachers as may be preparing for this work. Purpose of college. 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. Approved August 18, 1906. UNIVERSITY OF GEORGIA, NON-RESIDENT TRUSTEE. No. 478. An Act to provide for the appointment of one additional trustee of the University of Georgia, to be a non-resident, native Georgian, to provide for his qualification, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That-from and after the passage of this Act, there is hereby created the office of one additional trustee of the University of Georgia; said office to be held only by a non-resident, native Georgian, to be appointed by the Governor and confirmed by the Senate, in the same manner as other trustees for said institution are appointed. University of Georgia, a non-resident trustee. SEC. 2. Be it further enacted, That said non-resident trustee when appointed shall hold office for the term of eight years, and until his successor is appointed and qualified, and all the terms, conditions and requirements of law applicable to the present trustees of said University shall be applicable to said non-resident trustee, except as hereinafter provided. Page 78 SEC. 3. Be it further enacted, That persons to be eligible to the office of trustee under this Act shall be at least twenty-five years of age, and shall not be a trustee of any other male college or university located within this State, but trusteeship of other male colleges or universities not located in this State shall not be a disqualification; provided, that no appointment shall be made to fill the office thus created in case it is made vacant by death, resignation or refusal to serve by the first incumbent. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. NORTH GEORGIA AGRICULTURAL COLLEGE, BOARD OF TRUSTEES. No. 544. An Act to abolish the present board of trustees of the North Georgia Agricultural College; to provide a new board of trustees for said college; to vest such new board with powers for the control and management of said college, 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 first day of October, 1906, the local board of trustees of the North Georgia Agricultural College, a branch of the University of Georgia, located at Dahlonega, Georgia, as at present constituted, be, and the same is, hereby abolished. North Georgia Agricultural College. SEC. 2. Be it further enacted by the authority aforesaid, That the local board of trustees for the said North Georgia Agricultural College shall, after said first day of October, 1906, be composed of seven members, three of whom shall be male citizens of the county of Lumpkin, and four of whom shall be male citizens of said State, resident outside of said county of Lumpkin. Said members of said local board of trustees shall be appointed by the Governor of this State; two of said trustees to be appointed for the term of two years; two for a term of four years and three for a term of six years; but after the first appointment all subsequent appointments, except for unexpired terms, shall be made for the Page 79 full term of six years, and provided that in the event any vacancy shall occur in said board by reason of death, resignation, or otherwise, the Governor shall fill said vacancy by appointment for the unexpired term. Trustees. SEC. 3. Be it further enacted by the authority aforesaid, That the members of said local board shall serve without pay, except that their actual expenses while away from their places of residence attending to the duties of their position, shall be paid out of any funds in the treasury of said college available for that purpose. Expenses of local trustees. SEC. 4. Said local board may select from their number a chairman and secretary, and make and prescribe all necessary rules for their government, and they may also select some suitable person to act as treasurer for said college. The chairman of said local board of trustees shall be ex officio a member of the board of trustees of the University of Georgia. Officers of board. SEC. 5. Be it further enacted by the authority aforesaid, That the said local board of trustees so to be appointed shall be vested with all the rights, powers and privileges now possessed by the present board of trustees of said college, and shall be directly charged with the government and control of said college; shall be authorized to grant diplomas, confer degrees, make rules, receive and disburse the funds of said college, and generally do any and everything that may be necessary to render efficient the work of said college. All diplomas shall be countersigned by the chancellor of the University of Georgia, who shall cause a record of same to be kept in his office at Athens, Georgia. Rights, powers and duties of board. SEC. 6. Be it further enacted by the authority aforesaid, That nothing in this Act shall in anywise interfere with any contracts now existing between said North Georgia Agricultural College and the University of Georgia; and the president of said college shall be elected by the trustees of the University of Georgia as heretofore. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 80 TITLE VII. MISCELLANEOUS. ACTS. Senatorial Districts, Counties in each. Jenkins county, Boundaries of. Foods, Drugs and Liquors, Adulteration or misbranding prohibited. Dealing in Futures prohibited. Child Labor in factories regulated. Railroad Commissioners, Election of. Railroad Stations, Accommodations for public at night. Railroads, Liability of for damage to property in transportation. Counties, Co-operation of to maintain intercounty improvements. Corporations, Returns of to Secretary of State required. Insurance Policies, how issued. Life Insurance on Reserve Plan, Deposit of Securities for Policies. Commissioner of Agriculture and Commissioner of Pensions, Salaries of. Fraudulent packing and sale of flour, grits and meal prohibited. State Board of Health, duties, jurisdiction and powers of. Hire of Felony Convicts, Participation in by new counties. Local Option Elections in reference to Dispensaries. Local Option Elections in reference to Public Roads. Public School Fund, Apportionments in of new counties. Cornmeal, weight and sale of regulated. Sheriffs and Bailiffs, Compensation of. Improvement of Streets on which public property abuts. Attachments against non-residents, situs of suits. County-Lines in towns and cities, how changed. Confederate Flags of Georgia Troops, Preservation of. Places of Public Amusement, outside limits of a city, prohibited. Confederate Soldiers' Home, Salary of Superintendent. Sturgeons, Catching of, law prohibiting repealed. Land in Meriwether County ceded for Fish Culture to United States. Lands acquired by United States by purchase or otherwise, ceded. SENATORIAL DISTRICTS, COUNTIES IN EACH. No. 483. An Act to change and rearrange the existing senatorial districts of this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the Page 81 State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the forty-four senatorial districts of this State shall be distributed and be composed of the various counties as follows, to wit: 1st. The first senatorial district shall be composed of the counties of Chatham, Effingham and Bryan. 2d. The second senatorial district shall be composed of the counties of McIntosh, Liberty, Tattnall and Toombs. 3d. The third senatorial district shall be composed of the counties of Wayne, Pierce, Appling and Jeff Davis. 4th. The fourth senatorial district shall be composed of the counties of Glynn, Camden and Charlton. 5th. The fifth senatorial district shall be composed of the counties of Coffee, Ware and Clinch. 6th. The sixth senatorial district shall be composed of the counties of Echols, Lowndes, Berrien and Tift. 7th. The seventh senatorial district shall be composed of the counties of Brooks, Colquitt, Thomas and Grady. 8th. The eighth senatorial district shall be composed of the counties of Decatur, Mitchell and Miller. 9th. The ninth senatorial district shall be composed of the counties of Early, Calhoun and Baker. 10th. The tenth senatorial district shall be composed of the counties of Dougherty, Lee, Worth and Turner. 11th. The eleventh senatorial district shall be composed of the counties of Clay, Randolph and Terrell. 12th. The twelfth senatorial district shall be composed of the counties of Stewart, Webster and Quitman. 13th. The thirteenth senatorial district shall be composed of the counties of Sumter, Schley and Macon. 14th. The fourteenth senatorial district shall be composed of the counties of Dooly, Crisp, Wilcox and Pulaski. 15th. The fifteenth senatorial district shall be composed of the counties of Montgomery Telfair, Dodge and Irwin. 16th. The sixteenth senatorial district shall be composed of the counties of Laurens, Emanuel and Johnson. 17th. The seventeenth senatorial district shall be composed of the counties of Screven, Bulloch, Jenkins and Burke. 18th. The eighteenth senatorial district shall be composed of the counties of Richmond, Glascock and Jefferson. 19th. The nineteenth senatorial district shall be composed of the counties of Taliaferro, Greene and Warren. 20th. The twentieth senatorial district shall be composed of the counties of Baldwin, Hancock and Washington. 21st. The twenty-first senatorial district shall be composed of the counties of Twiggs, Wilkinson and Jones. 22d. The twenty-second senatorial district shall be composed of the counties of Bibb, Monroe and Pike. 23d. The twenty-third senatorial district shall be composed of the counties of Houston, Page 82 Crawford and Taylor. 24th. The twenty-fourth senatorial district shall be composed of the counties of Muscogee, Marion and Chattahoochee. 25th. The twenty-fifth senatorial district shall be composed of the counties of Harris, Upson and Talbot. 26th. The twenty-sixth senatorial district shall be composed of the counties of Spalding, Butts and Fayette. 27th. The twenty-seventh senatorial district shall be composed of the counties of Rockdale, Walton, Newton and Oconee. 28th. The twenty-eighth senatorial district shall be composed of the counties of Jasper, Putnam and Morgan. 29th. The twenty-ninth senatorial district shall be composed of the counties of Wilkes, Columbia, Lincoln and McDuffie. 30th. The thirtieth senatorial district shall be composed of the counties of Oglethorpe, Madison, Elbert and Clarke. 31st. The thirty-first senatorial district shall be composed of the counties of Hart, Habersham, Franklin and Stephens. 32d. The thirty-second senatorial district shall be composed of the counties of White, Dawson and Lumpkin. 33d. The thirty-third senatorial district shall be composed of the counties of Hall, Banks and Jackson. 34th. The thirty-fourth senatorial district shall be composed of the counties of Gwinnett, DeKalb and Henry. 35th. The thirty-fifth senatorial district shall be composed of the counties of Clayton, Cobb and Fulton. 36th. The thirty-sixth senatorial district shall be composed of the counties of Campbell, Coweta, Meriwether and Douglas. 37th. The thirty-seventh senatorial district shall be composed of the counties of Carroll, Heard and Troup. 38th. The thirty-eighth senatorial district shall be composed of the counties of Haralson, Polk and Paulding. 39th. The thirty-ninth senatorial district shall be composed of the counties of Milton, Cherokee and Forsyth. 40th. The fortieth senatorial district shall be composed of the counties of Union, Towns and Rabun. 41st. The forty-first senatorial district shall be composed of the counties of Pickens, Fannin and Gilmer. 42d. The forty-second senatorial district shall be composed of the counties of Bartow, Floyd and Chattooga. 43d. The forty-third senatorial district shall be composed of the counties of Murray; Gordon and Whitfield. 44th. The forty-fourth senatorial district shall be composed of the counties of Walker, Dade and Catoosa. Senatorial districts rearranged. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. Page 83 JENKINS COUNTY, BOUNDARIES OF. No. 480. An Act to amend an Act approved August 17, 1905, creating the county of Jenkins, in this State, by correcting a manifest error in the description of the boundary between Jenkins, Bulloch and Emanuel counties, 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, beginning in the first section of said Act in the twenty-fourth line thereof after the words Capp's incorporated bridge, the language, from thence in a straight line to the northwest corner of Lockhart (46th district), Bulloch county; from thence in a straight line to Johnson's crossing on the Millen and Southwestern Railroad in Emanuel county, be stricken for the reason it was not the intention of the Legislature to use said language, and substitute in lieu thereof the line as agreed on between the counties at interest, from thence a straight line to a dead pine tree on the Moore public road, near the dwelling-house of L. C. Lanier; from thence in a straight line to Johnson's crossing on the Millen and Southwestern Railroad in Emanuel county. Jenkins county, boundaries of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. FOODS, DRUGS AND LIQUORS, ADULTERATION OR MISBRANDING PROHIBITED. No. 463. An Act to prevent the adulteration, misbranding and imitation of foods for man or beast, of beverages, candies and condiments, of medicines, drugs and liquors, or the manufacture and sale thereof in the State of Georgia, prescribing a penalty for the violation hereof, providing for the inspection and analysis of the articles described by the Georgia State Department of Agriculture; charging the State's solicitors with the enforcement hereof, and providing means therefor, and repealing all laws and parts of laws in conflict herewith. SECTION 1. Be it enacted, That it shall be unlawful for any Page 84 person to manufacture, sell or offer for sale within the State of Georgia, any article of food, drugs, medicines, or liquors, which is adulterated or misbranded, or which contains any poisonous or deleterious substance within the meaning of this Act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars, or shall be sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court; and for each subsequent offense, and on conviction thereof, shall be fined not exceeding one thousand dollars, or sentenced to one year's imprisonment or both such fine and imprisonment, in the discretion of the court; provided, that in case of feeding-stuffs for domestic animals, the penalties imposed under section 20 of this Act shall apply. Foods, drugs and liquors, adulteration or misbranding prohibited. SEC. 2. Be it enacted, That the examinations of specimens of foods and drugs shall be made by the State Chemist of Georgia, or under his direction and supervision, for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this Act; and if it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this Act, the Commissioner of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard before the Commissioner of Agriculture and the Attorney-General, under such rules and regulations as may be prescribed by them, and if it appears that any of the provisions of this Act have been violated by such party, then the Commissioner of Agriculture shall at once certify the facts to the proper prosecuting attorney, with a copy of the results of the analysis, or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. That in case it shall appear to the satisfaction of the Commissioner of Agriculture and the Attorney-General that the violation of this Act is properly a subject of interstate commerce, or otherwise comes under the supervision and jurisdiction of the United States, then the Commissioner of Agriculture shall certify the case to the United States District Attorney, in whose district the violation may have been committed; but if it be under the jurisdiction of the courts of this State, then the Commissioner shall certify the case to the solicitor of the court in the county where the offense occurred. It shall be the duty of the State solicitor to prosecute all persons violating any of the Page 85 provisions of this Act as soon as he receives the evidence transmitted by the Commissioner of Agriculture. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. Examinations of foods and drugs. SEC. 3. Be it enacted, That the term drug, as used in this Act, shall include all medicines and preparations recognized in the United States Pharmacop[oelig]ia, or National Formulary, for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term food, as used herein shall include all articles used for food, drink, confectionery or condiment by man or other animals, whether simple, mixed or compound. Terms drug and food defined. SEC. 4. Be it enacted, That for the purposes of this Act an article shall be deemed to be adulterated In case of drugs: First. If, when a drug is sold under or by a name recognized in the United States Pharmacop[oelig]ia or National Formulary, it differs from the standard of strength, quality or purity, as determined by the test laid down in the United States Pharmacop[oelig]ia or National Formulary official at the time of investigation; provided, that no drug defined in the United States Pharmacop[oelig]ia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacop[oelig]ia or National Formulary. Adulteration of drugs. Second. If its strength or purity fall below the professed standard or quality under which it is sold. In the case of confectionery: If it contain terra-alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor, or compound or narcotic drug. Of confectionery. In case of food: First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. Of food. Second. If any substance has been substituted wholly or in part for the article. Third. If any valuable constituent of the article has been wholly or in part abstracted. Page 86 Fourth. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed. Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health; provided, that when in preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise. And directions for the removal of said preservative shall be printed on the covering or the package; the provisions of this Act shall be construed as applying only when said products are ready for consumption. Sixth. If the package, vessel or bottle containing it shall be of such a composition, or carry any attachment made of such a composition or metal or alloy, as will be acted upon in the ordinary course of use by the contents of the package, vessel or bottle in such a way as to produce an injurious, deleterious or poisonous compound. Seventh. If it consist in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter. SEC. 5. Be it enacted, That the term misbranded, as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such articles, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product, which is falsely branded, as to the State, Territory, or country in which it is manufactured or produced. Misbranded That for the purposes of this Act an article shall also be deemed to be misbranded In case of drugs: First. If it be an imitation of, or offered for sale under the name of, another article. Misbranded drugs. Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label in as conspicuous letters as is or may be prescribed by the United States law or rules and regulations of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or Page 87 preparation of any such substances contained therein; provided, that nothing in this paragraph shall be construed to apply to the filling of written prescriptions, furnished by regular licensed practicing physicians, and kept on file by druggists as required by law, or as to such preparations as are specified and recognized by the United States Pharmacop[oelig]ia or National Formulary. In case of food: First. If it be an imitation of, or offered for sale under the distinctive name of another article. Misbranded food. Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or is an imitation in package or label of another substance of a previously established name, or which has been trade-marked or patented, or, if the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such package, or, if it fail to bear a statement on the label in conspicuous letters of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein. Third. If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package. Fourth. If the package containing it, or its label shall bear any statement, design, or device regarding the ingredients of the substances contained therein, which statement, design, or device shall be false or misleading in any particular; provided, that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First. In the case of mixtures or compounds which may be now, or from time to time, hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured [Illegible Text] produced. Second. In the case of articles labeled, branded, or tagged, so as to plainly indicate that they are compounds, imitations, or blends, and the word compound, imitation, or blend, as the case may be, is plainly stated in conspicuous letters on the package in which it is offered for sale; provided, that the term blend, as used herein shall be construed to mean a mixture of Page 88 like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only; and provided further, that nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding; provided, also, that this Act shall not apply to stocks of drugs and medicines on hand in this State, until the first day of August, 1908. SEC. 6. Be it enacted, That no dealer shall be prosecuted under the provisions of this Act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the State of Georgia, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case the said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this Act. Dealers, how protected. SEC. 7. Be it enacted, That any article of food, drug, or liquor that is adulterated or misbranded within the meaning of this Act, shall be liable to be proceeded against in any court of the State of Georgia within the county where the same is found, and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, or of a poisonous or deleterious character, within the meaning of this Act, the same shall be disposed of by destruction or sale, as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the treasury of the State of Georgia, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Act, or the laws of that jurisdiction. Prosecutions. SEC. 8. Be it enacted, That the words person or party, as used in this Act, shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies and associations. Persons, officers and agents. When construing and enforcing the provisions of this Act, the act, omission or failure of any officer, agent or other person acting for or employed by the corporation, company, society or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission or failure of Page 89 such corporation, company, society or association, as well as that of the person. SEC. 9. Be it enacted, That the State Department of Agriculture is hereby charged with the duties of inspection and analysis required for the proper enforcement of this Act. That the Commissioner of Agriculture is hereby directed to appoint officers, who shall perform all the duties required in the execution of this Act. That the Commissioner, realizing the responsibilities resting on him for the protection of the lives and health of the people, shall, in making these appointments, be guided by the results of careful and diligent inquiry into the character, fitness and reputation for integrity and industry of all the officers whom he may appoint, who may be in any way intrusted with the execution of this law; that such officers, when appointed, shall hold office during good behavior and attention to duty, and shall not be removed from office except for cause, provided such term of office of said officers shall terminate with that of the office of Commissioner of Agriculture. Department of Agriculture, duties of. SEC. 10. Be it further enacted, That as soon as this Act becomes effective the Commissioner is authorized to appoint by and with the advice and consent of the State Chemist, a chief food and drug inspector for the State of Georgia, who shall receive a salary not to exceed $1,500 per annum, and actual expenses while discharging his duty. His whole time shall be at the disposal of the Commissioner, and his duty shall be to travel about the State as directed, and take samples of such articles as directed, and forward them to the Department of Agriculture for scientific examination and analysis. The State Chemist may also appoint by and with the advice and consent of the Commissioner of Agriculture such additional assistants and experts, not to exceed three, in his office as may be required to carry out the provisions of this Act; the salaries of such assistants and experts to be fixed and adjusted by the Commissioner of Agriculture and the State Chemist, not to exceed $1,500. They may also make such expenditures for apparatus, chemicals and increased laboratory facilities as in their judgment may be required, provided that the total expenditures under this Act for any one year shall not exceed the sum appropriated to carry out the provisions of this Act. Inspector. Chemists Laboratory facilities. SEC. 11. Be it enacted, That samples for analysis shall be taken by the duly qualified and sworn inspectors, who shall take samples of such articles as may be directed by the Commissioner of Agriculture, and in the manner prescribed below; whenever practicable, samples shall be taken in original unbroken packages; Page 90 said package shall be wrapped in paper and tied securely, and sealed over the cord with sealing-wax, on which the inspector shall impress his official seal. That in cases where it is not practicable to send a sample for analysis in an original package, as for instance, in case of syrups, or other liquids in barrels, or flour in barrels, etc., the inspector shall take a fair sample of the same in the presence of the seller, place it in a suitable receptacle, securely close and wax it and impress his official seal upon the wax and forward the same to the Commissioner of Agriculture. In the execution of his duties the inspector shall have free access at all reasonable hours into any place where it is suspected that impure foods are being manufactured, or wherein any article of food or drink, drug or medicine, adulterated with any deleterious or foreign ingredients exists. In calling for and taking a sample of any goods, the inspector shall tender to the seller the market price asked for the same. Samples. SEC. 12. Be it enacted, That every lot or parcel of concentrated, commercial feeding-stuff and condimental feed used for feeding domestic animals or poultry, sold, offered or exposed for sale within this State, shall be registered annually with the Commissioner of Agriculture, and shall have affixed thereto, or printed on the bag, or other package, in a conspicuous place, on the outside thereof, a legible and plainly printed statement, clearly and truly certifying the number of net pounds of feeding-stuff contained therein; provided, that all concentrated commercial feeding-stuffs shall be in standard weight bags or packages of fifty, seventy-five, one hundred, one hundred and twenty-five, one hundred and fifty, one hundred and seventy-five, or two hundred pounds each, also the name, brand, or trade-mark under which the article is sold, the name and address of the manufacturer, importer, or jobber, and a statement of the maximum percentage it contains of crude fibre, and the minimum percentage it contains of crude fat and crude protein, allowing one per cent. of nitrogen to equal six and one-quarter per cent. of protein; both constituents to be determined by the method in use at the time by the Association of Agricultural Chemists of the United States. Registration of feeding-stuff. SEC. 13. Be it enacted, The term concentrated commercial feeding-stuff, as used herein, shall include cottonseed-meal, linseed-meal, corn- and cob-meal, cocoanut-meal, gluten feeds, gluten-meal, germ feeds, corn feeds, starch feeds, sugar feeds, dry brewer's grains, malt sprouts, dried distiller's grain, dried beet refuse, hominy feed, cerealine feeds, rice-meals, rice-brans, rice-polish, peanut-meal, oat feeds, corn and oat feeds, corn-bran, Page 91 wheat-bran, wheat-middlings, wheat-shorts, ground beef or fish scraps, mixed feeds, clover-meal, alfalfa-meal and feeds, peavine-meal, cottonseed-meal feeds, whole seeds and grains and meals, mixed or unmixed, made from such seeds or grains, and all other materials of a similar nature. Concentrated commercial feeding-stuff. SEC. 14. Be it enacted, That each and every manufacturer, importer or jobber, agent or seller, before selling, offering or exposing for sale in this State, any concentrated commercial feeding-stuff, as defined in section 13 of this Act, shall for each and every feeding-stuff bearing a distinct name or trade-mark, file with the Commissioner of Agriculture a copy of the statement named in section 12 of this Act, and accompany said statements, when so requested by the Commissioner of Agriculture, by a sealed glass jar or bottle containing at least one pound of the feeding-stuffs to be sold, exposed or offered for sale, which sample shall correspond within reasonable limits to the feeding-stuff which it represents in the percentage of protein, fat and fibre which it contains. Samples. That the Commissioner of Agriculture shall cause at least one sample of each distinct brand of feeding-stuff sold in this State to be analyzed annually by or under the direction of the State Chemist. Said analysis shall include determinations of crude fat and of crude protein, and such other determinations as may at any time be deemed advisable by the State Chemist. Analysis. SEC. 15. Be it enacted, That each and every manufacturer, importer, jobber, agent or seller of any concentrated commercial feeding-stuffs, as defined in section 13 of this Act, shall pay to the Commissioner of Agriculture an inspection tax of twenty cents per ton for each ton of such concentrated feeding-stuffs sold, offered or exposed for sale in this State, and shall affix to each car shipped in bulk and to each bag, barrel or other package of such concentrated feeding-stuff, a stamp, to be furnished by said Commissioner of Agriculture, indicating that all charges specified in this section had been paid; provided, that the inspection tax of twenty cents per ton shall not apply to cottonseed-hulls, hays, and straws, whole seeds and grains and pure meals made from whole grains and seeds; not mixed with other substances, but sold separately as distinct articles of commerce. Should any of these materials otherwise exempt be mixed or adulterated with any substance for the purpose of sale, the package which contains it, or in which it is offered for sale, must have plainly marked or indicated thereon the true composition of the mixture, or the character of the adulteration. Tax stamps shall be in denominations as follows: one-half cent, three-quarters cent, one cent, one and one-quarter Page 92 cents, one and one-half cents, one and three-quarter cents, two cents, or multiples thereof. The Commissioner of Agriculture may prescribe the form of such tax stamps. Whenever a manufacturer, importer or jobber of a concentrated feeding-stuff shall have filed the statement named in section 12 of this Act and paid the inspection tax, no agent or seller of said manufacturer, importer or jobber shall be required to file such statement or pay such tax. Inspection fees. SEC. 16. Be it enacted, That the Commissioner of Agriculture shall have the power to refuse the registration of any feedingstuffs under a name which would be misleading as to the materials of which it is made, or when the percentage of crude fibre is above, or the percentage of fat and protein are below, the standards adopted under section 21. Should such materials as referred to above be registered, and it is afterwards discovered that they are in violation of the above provision, the Commissioner of Agriculture shall have the power to cancel the registration. When the special inspector provided for in this Act is unable to cover the territory sufficiently, the Commissioner of Agriculture may utilize the oil and fertilizer inspectors in taking samples of drugs, feed-stuffs or food products, without other compensation than that now received. Registration. SEC. 17. Be it enacted, That the sale of mouldy and damaged feeding-stuff is prohibited as feeds, except on full notice in writing to the purchaser of the nature and extent of the damage. Any manufacturer, importer, jobber, agent, or seller who shall sell, offer or expose for sale or distribution in this State any concentrated, commercial feeding-stuff as defined in this Act, without complying with the requirements of the preceding section of this Act, or who shall sell, offer or expose for sale or distribution any concentrated commercial feeding-stuff which contains substantially a smaller percentage of constituents than are certified to be contained, or who shall adulterate any feeding-stuff with foreign, mineral or other similar substance or substances, such as rice hulls or chaff, peanut-shells, corncobs, oat-hulls, or other similar material of little or no feeding value, or with substances injurious to the health of domestic animals, shall be guilty of a violation of the provisions of this Act, and the lot of feeding-stuff in question shall be subject to seizure, condemnation and sale or destruction by the Commissioner of Agriculture, and it shall be the duty of the sheriff of the counties of this State to seize and sell by public sale each and every bag, package or lot of commercial concentrated feeding-stuffs sold, or offered for sale, or for distribution in this State which shall not have securely Page 93 attached the stamp mentioned in section 15; provided, that should the owner or agent show to the satisfaction of the sheriff that such stamps had been attached and the same had become detached, the sheriff shall release the same without cost to the owner or agent. All moneys or proceeds derived from the seizure and sale of concentrated commercial feeding-stuffs shall be covered into the State treasury. Penalties. SEC. 18. Be it enacted, That the Commissioner of Agriculture is hereby authorized to have collected a sample, not exceeding two pounds in weight, for analysis, from any lot, parcel or package of concentrated feeding-stuff as defined in section 13 of this Act, which may be in the possession of any manufacturer, importer, agent or dealer; but said sample shall be taken from not less than ten per cent. of the whole lot inspected. Samples. SEC. 19. Be it further enacted, That all manufacturers and manipulators, importers and jobbers, or agents representing them, who have registered their feeding-stuff in compliance with section 12 of this Act, shall forward to the Commissioner of Agriculture a request for tax stamps, stating that said stamps are to be used upon brands of feeding-stuffs registered in accordance with this Act, and said request shall be accompanied with the sum of twenty cents per ton as an inspection tax, except in case of cottonseed-meal, where the present tax of ten cents per ton must be paid, whereupon it shall be the duty of the Commissioner of Agriculture to issue stamps to the party applying, who shall attach a stamp to each bag, barrel or package thereof, which, when attached to said package, shall be prima facie evidence that the seller has complied with the requirements of this Act. Any stamps left in the possession of the manufacturer, manipulator, importer, jobber or agent, may be used another season. Tax stamps. SEC. 20. Be it enacted, That any manufacturer, dealer or other person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any inspector or other person in the performance of his duty in collecting samples or otherwise in connection with this Act, shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than ten dollars nor more than fifty dollars, and any violation of the provisions of the sections of this Act relating to feeding-stuffs for domestic animals shall be punished by a fine not exceeding fifty dollars, or imprisonment not exceeding thirty days, or both, in the discretion of the court. Penalty or obstructing inspector. SEC. 21. Be it enacted, That it shall be the duty of the Commissioner of Agriculture and the State Chemist to fix standards of purity for food products where the same are not fixed by this Page 94 Act, in accordance with those promulgated by the Secretary of Agriculture, the Secretary of the Treasury and the Secretary of Commerce and Labor of the United States, when such standards have been published; and when not yet published, the Commissioner of Agriculture and the State Chemist shall fix such standards, provided that the standards for lard, mixed edible fats and cottonseed oils are hereby defined as follows: Lard is hereby defined to be the fat of freshly slaughtered swine. It must not be made from a diseased animal, or any portion of an animal unfit for food, or contain less than ninety-nine per cent. of pure fat. A mixed edible fat is defined to be a mixture which contains not less than ninety-nine per cent. of sweet mixed fat, and may consist of a mixture of refined cottonseed-oil or other edible vegetable oils with sweet beef fat or other edible animal fat, and must be sold under a registered or proprietary brand and properly labeled with a distinctive trade-mark or name bearing the name of the manufacturer. Edible cottonseed-oil is hereby defined as refined cottonseed-oil, free from disagreeable taste or odors. White cottonseed-oil for edible purposes is cottonseed-oil which has been refined in such a manner as to be nearly colorless, flavorless and odorless. Winter cottonseed-oils for edible purposes are those from which a portion of the stearine has been removed. They may be either white or yellow. Whenever the State Chemist may find, by analysis, that adulterated, misbranded, or imitation drugs, liquors or food products have been manufactured for sale, or put on sale in this State, he shall forthwith furnish a certificate of analysis to that effect to the Commissioner of Agriculture, who shall transmit the same to the State Solicitor in the county where the said adulterated, misbranded, or imitation drug, liquor or food product was found. It shall be the duty of the State Solicitor to prosecute all persons violating any provisions of this Act as soon as he receives the evidence transmitted by the Commissioner of Agriculture. Standards. SEC. 22. Be it enacted, That the State Chemist shall make an annual report to the Commissioner of Agriculture on work done in execution of this Act, which report may be included in that now made on commercial fertilizers, and published therewith. Reports of chemist. SEC. 23. Be it enacted, That the Commissioner of Agriculture, with the advice of the Attorney-General, shall have authority to establish such rules and regulations as shall not be inconsistent with the provisions of this Act, and as in his judgment will best carry out the requirements thereof. He may exercise discretion as to the class of products he first subjects to Page 95 rigorous inspection and analysis, realizing that the fullest and most complete execution of this law under a limited appropriation must be a matter of growth. His first efforts shall be more particularly directed to fostering the young and growing agricultural and manufacturing industries of the State, as the dairy, beef, fruit, cottonseed-oil and syrup industries, by suppressing adulteration in butter, cheese, milk, feed-stuffs, ciders, vinegars and syrups, lard and lard compounds. Rules for enforcement of this Act. SEC. 24. Be it further enacted, That in order to enforce and carry out the provisions of this Act the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated and set aside out of the fees arising from the inspection and analysis of fertilizers, and so much thereof as is necessary is made immediately available. That the proceeds arising from the fees of this office be turned into the treasury for the use of the common-school fund of the State. Appropriation to enforce Act. SEC. 25. Be it enacted, That this Act shall be in force and effect from and after the first day of August, 1907. 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. Approved August 21, 1906. DEALING IN FUTURES' PROHIBITED. No. 450. An Act to prohibit contracts and agreements for the sale and future delivery of cotton, grain, provisions and other commodities, stocks, bonds and other securities upon margin, commonly known as dealing in futures; to declare such transactions unlawful, and to constitute a misdemeanor on the part of any person, association of persons or corporation participating therein, whether directly or indirectly; to prohibit the establishment, maintenance or operation of any office or other place where such contracts are made or offered; to define what shall constitute prima facie evidence of guilt; to compel all persons participating in such transactions to testify concerning their connection therewith; to provide that no discovery made by any witness which would tend to subject him to conviction or punishment under this Act shall be used against such witness in Page 96 any penal or criminal proceeding, and that he shall be altogether pardoned therefor; to provide that regular commercial exchanges and other bona fide trade organizations may post quotations of market prices, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after January 1, 1907, it shall be unlawful for any person, association of persons or corporation, either as principal [Illegible Text] agent, to establish, maintain or operate an office or other place of business in this State for the purpose of carrying on or engaging in the business, forbidden by this Act, commonly called dealing in futures on margins, and any person violating the provisions of this section shall be guilty of a misdemeanor. Dealing in futures prohibited. SEC. 2. Be it further enacted, That every contract or agreement, whether or not in writing, whereby any person or corporation shall agree to buy or sell and deliver, or sell with an agreement to deliver any wheat, cotton, corn or other commodity, stock, bond, or other security to any other person or corporation, when in fact it is not in good faith intended by the parties that an actual delivery of the articles or thing shall be made, is hereby declared to be unlawful, whether made or to be performed wholly within this State or partly within and partly without this State; it being the intent of this Act to prohibit any and all contracts or agreements for the purchase or sale and delivery of any commodity or other thing of value on margin, commonly called dealing in futures, when the intention or understanding of the parties is to receive or pay the difference between the agreed price and the market price at the time of settlement; provided, that nothing herein contained shall be construed to apply to transactions by mail or wire between persons in this State and persons outside this State, where the person outside this State is not represented in this State by any broker, agent or attorney in said transaction. Contracts outlawed. SEC. 3. Be it further enacted, That every person who shall become a party to any such contract or agreement as is by this Act made unlawful, and every person who shall, as agent, directly or indirectly, participate in making or furthering or effectuating the same, and every agent or officer of any corporation who shall in any way knowingly aid in making or furthering any such contract or agreement shall be deemed guilty of a misdemeanor. Misdemeanor. SEC. 4. Be it further enacted, That no person shall be excused Page 97 on any prosecution under this Act from testifying touching anything done by himself or other, contrary to the provisions of this Act, but any discovery made by a witness upon such examination shall not be used against him in any penal or criminal prosecution, and he shall be altogether pardoned of the offence so done or participated in by him. Witnesses. SEC. 5. Be it further enacted, That in all prosecutions under this Act proof that a defendant was a party to a contract, as agent or principal, to buy or sell and deliver any article, thing or property, specified or named in this Act, or that he was the agent, directly or indirectly, of any party in making, furthering or effectuating the same, or that he was the agent or officer of any corporation or association of persons in making, furthering or effectuating the same, and that the article, thing or property agreed to be sold and delivered was not actually delivered, and that settlement was made or agreed to be made upon a difference in value of the said article, thing or property, shall constitute against such defendant prima facie evidence of guilt of the offense or offenses prohibited in sections two and three of this Act. Facts constituting guilt. SEC. 6. Be it further enacted, That proof that anything of value agreed to be sold and delivered was not actually delivered, and that one of the parties to such agreement deposited or secured, or agreed to deposit or secure, what are commonly known as margins, shall constitute prima facie evidence of a contract declared unlawful by the terms of this Act. SEC. 7. Be it further enacted, That proof that any person, association of persons or corporation, either as principal or agent, has established an office or place where are posted or published from information received the fluctuating prices of cotton, grain, provisions, stocks, bonds or other commodity or thing of value, or either of them, shall constitute prima facie evidence of guilt of the offense or offenses prohibited in section 1 of this Act. SEC. 8. Be it further enacted, That this Act shall not be so construed as to prevent or render unlawful the posting or publishing of market quotations or prices of commodities, stocks, bonds and securities by any regularly organized commercial exchange or other bona fide trade organization in which no purchase or sale for future delivery on margin is permitted; that no person or corporation committing any of the acts or things prohibited in defense thereof to plead the payment of any license or other tax to the State, or to any county or municipality thereof, nor shall the payment of any license or other tax in anywise operate Page 98 to relieve such offender from the penalties imposed by this Act. Bona fide trade not prohibited. SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. CHILD LABOR IN FACTORIES REGULATED. No. 399. An Act to regulate the employment of children in factories and manufacturing establishments in this State and to provide for the punishment of violations of the regulations prescribed, 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 approval of this Act no child under ten years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State under any circumstances. No child under ten years to labor in factory. SEC. 2. Be it further enacted by the authority aforesaid, That on and after January 1, 1907, no child under twelve years of age shall be so employed, or allowed to labor, unless such child be an orphan and has no other means of support, or unless a widowed mother or an aged or disabled father is dependent upon the labor of such child, in which event, before putting such child at such labor, such father shall produce and file in the office of such factory or manufacturing establishment, a certificate from the ordinary of the county in which such factory or establishment is located, certifying under his seal of office to the facts required to be shown as herein prescribed; provided, that no ordinary shall issue any such certificate except upon strict proof in writing and under oath, clearly showing the necessary facts; and provided further, that no such certificate shall be granted for longer than one year, nor accepted by any employer after one year from the date of such certificate. No child under twelve years, etc. SEC. 3. Be it further enacted by the authority aforesaid, That on and after January 1, 1908, no child under fourteen years of age shall be employed or allowed to labor in or about any factory Page 99 or manufacturing establishment within this State between the hours of seven p.m. and six a.m. No child under fourteen years, etc. SEC. 4. Be it further enacted by the authority aforesaid, That on and after January 1, 1908, no child, except as heretofore provided, under fourteen years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State, unless he or she can write his or her name and simple sentences, and shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance shall be consecutive; and no such child as aforesaid between the ages of fourteen and eighteen years shall be so employed unless such child shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance shall be consecutive; and at the end of each year, until such child shall have passed the public school age, an affidavit certifying to such attendance, as is required by this section, shall be furnished to the employer by the parent or guardian or person sustaining parental relation to such child. The provisions of this section shall apply only to children entering such employment at the age of fourteen years or less. Educational qualification. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be unlawful for any owner, superintendent, agent or any other person acting for or in behalf of any factory or manufacturing establishment to hire or employ any child unless there is first provided and placed on file in the office of such employer an affidavit signed by the parent, guardian, or person standing in parental relation thereto, certifying to the age and date of birth of such child, and other facts required in this Act. Any person knowingly furnishing a false affidavit as to the age, or as to any other facts required in this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039 of the Penal Code of Georgia 1895. Regulations. SEC. 6. Be it further enacted by the authority aforesaid, That the affidavit and certificates required in this Act shall be open to inspection by the grand juries of any county where such factory or manufacturing establishments are located. Inspection by grand juries. SEC. 7. Be it further enacted by the authority aforesaid, That any person or agent, or representative of any firm or corporation, who shall violate any provision of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Penal Code of Georgia, 1895. Any parent, guardian, or other person standing in parental relation to a child, who shall hire or place for employment or labor in or Page 100 about any factory or manufacturing establishment within this State a child in violation of any provision of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039 of the Penal Code of Georgia 1895. Penalties. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. RAILROAD COMMISSIONERS, ELECTION OF. No. 453. An Act to provide for the election of Railroad Commissioners of this State by the electors of the whole State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the railroad commissioners of this State shall hereafter be elected by the electors of the whole State, who are entitled to vote for members of the General Assembly. Railroad commissioners, election of. SEC. 2. Be it further enacted by the authority aforesaid, That successors to the incumbents be elected at the first general election preceding the expiration of their terms of office, respectively; that is to say, at the general election to be held on the first Wednesday in October, 1906, one commissioner shall be elected to succeed the incumbent whose term will expire on the fifteenth day of October, 1907, and one commissioner shall be chosen at the general election to be held on the first Wednesday in October, 1908, to succeed the then incumbent, whose term of office will expire on the fifteenth day of October, 1909, and one commissioner shall be chosen at the general election to be held on the first Wednesday in October, 1910, to succeed the then incumbent, whose term of office will expire on October 15, 1911, and so on. Terms of office and elections. SEC. 3. Said election to be held under the same rules and regulations as now apply to the election of Governor of this State. Regulations. SEC. 4. Be it further enacted by the authority aforesaid, That Page 101 in case of a vacancy, causing an unexpired term, the same shall be filled by executive appointment, and the person appointed shall hold his office until the next regular general election, and until his successor for the balance of the unexpired term shall have been elected and qualified. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. RAILROAD STATIONS, ACCOMMODATIONS FOR PUBLIC AT NIGHT. No. 464. An Act to require all railroads operating passenger-trains and taking on and putting off passengers, or that operate such trains at or through county-seats and towns and cities having a population of more than 1,000, in this State, to keep open at night at their depot stations at such places before the arrival and departure of said trains a lighted and comfortable room for the accommodation of their passengers, 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 from and after the fifteenth day of September, 1906, all railroad companies operating passenger-trains, and taking on and putting off passengers, or that operate passenger-trains at or through county-seats and towns and cities having a population of more than 1,000, in this State, shall be, and they are, hereby required to keep open at least one hour before arrival of and half an hour after the departure, according to the scheduled time for the arrival of and the departure of said trains, a lighted and comfortable room, between the hours of 6 o'clock p.m. and 6 o'clock a.m., for the comfort and convenience of their passengers. Railroad passengers, station accommodations for at night. SEC. 2. Be it further enacted by the authority aforesaid, That a failure to comply with the terms of this Act by any railroad company shall be a misdemeanor, and said company or corporation shall, upon conviction for the offense, be punished as prescribed in section 1039 of the Criminal Code of 1895. Penalty for failure to provide. Page 102 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. Approved August 18, 1906. RAILROADS, LIABILITY OF FOR DAMAGE TO PROPERTY IN TRANSPORTATION. No. 474. An Act to provide that any common carrier receiving property for transportation between points wholly within this State shall be liable for any loss or damage to such property, whether caused by it or by any connecting carrier over whose lines such property may pass; also, to provide a penalty for the failure of any common carrier to adjust and pay within a time specified any just claim for loss or damage to property received for transportation, 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, any common carrier, railroad, or transportation company, receiving property for transportation between points wholly within this State shall issue a receipt or bill of lading therefor and shall be liable to the holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad or transportation company to which such property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability herein imposed; provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law. Bills of ading between points within State. SEC. 2. Be it further enacted, That every claim for loss or damage to property, or overcharge for freight, for which any common carrier may be liable, shall be adjusted and paid by such common carrier within sixty days in cases of shipments wholly within this State, and within ninety days in cases of shipments between points without and points within this State, after such claim, duly verified by the oath of the claimant, or his agent, shall Page 103 have been filed with the agent of the initial carrier, or with the agent of the carrier upon whose line the loss or damage or overcharge actually occurred. In the event such claim is not adjusted and paid within the time limited the carrier shall be liable for interest thereon at the legal rate from the date of the filing of the claim until the payment thereof, and shall also be liable for a penalty of $50.00 for every such failure to adjust and pay said claim, to be recovered by the party damaged in any court of competent jurisdiction; provided, that unless such claimant shall in such action recover the full amount claimed no penalty shall be recovered, but the recovery shall be limited to the actual loss or damage or overcharge, with interest thereon from the date of filing said claim. Claims against railroad companies, penalty for failure to pay. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 18, 1906. COUNTIES, CO-OPERATION OF TO MAINTAIN INTERCOUNTY IMPROVEMENTS. No. 460. An Act to authorize counties to co-operate in the establishment, construction, improvement and maintenance of a system of intercounty public roads; to authorize counties to jointly create a common working force or chain-gang from misdemeanor convicts; to authorize counties to jointly use such chain-gang for inter-county public improvements; to provide for the expenses of such intercounty public improvements and the expenses of the creation, government and maintenance of such chain-gang, 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 authority or authorities of the counties of Georgia, or the authority or authorities of any two or more of the counties of Georgia, having in charge the establishment, construction, improvement and maintenance of county public works, shall be authorized and permitted, and shall have complete authority and power, to act Page 104 jointly and co-operate in the establishment, construction, improvement and maintenance of a system of intercounty public roads traversing and connecting the territories of the counties co-operating, and shall have full power and authority to jointly establish, construct, improve and maintain other intercounty public improvements upon such terms and conditions, and under such direction, control and authority as shall be determined by the authority of the counties so co-operating. Co-operation of counties in public work. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the counties of the State of Georgia, or any two or more thereof, through their proper authority or authorities, shall be authorized and permitted to jointly create from the convicts of such counties so co-operating who shall be sentenced for misdemeanors or felonies, or who shall be sentenced to be punished as for misdemeanors or felonies, a working force or chain-gang, which working force or chain-gang so created shall be organized, governed, used and put to labor under such rules and regulations and by and under such authority or authorities as such counties so co-operating shall jointly determine, and such working force or chain-gang so created, organized and governed shall be used, put to labor and worked for and in the establishment, construction, improvement and maintenance of a system of intercounty public roads which shall traverse and connect the territories of the counties so co-operating, and for and in the construction and improvement of other intercounty public works. Chain-gangs. SEC. 3. Be it further enacted by the authority aforesaid, That all such intercounty public roads and highways and other intercounty public improvements which shall be jointly established and made public, shall be established and made public as county public thoroughfares are now established, created and made public. Public roads and improvements. SEC. 4. Be it further enacted by the authority aforesaid, That the pro rata or proportionate expense of each of the counties so co-operating of the entire or total expenses of the establishment, construction, improvement and maintenance of such intercounty public roads, and other intercounty public improvements and of the creation, organization, government, use and maintenance of such working force or chain-gang, shall be jointly determined by the authorities of the several counties co-operating in such work, and shall be severally levied, assessed, taxed, raised and paid by the respective counties so co-operating, as such moneys for such purposes are now levied, assessed, taxed, raised and paid. Expense pro rated between counties. Page 105 SEC. 5. 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. Approved August 20, 1906. CORPORATIONS, RETURNS OF TO SECRETARY OF STATE REQUIRED. No. 447. An Act regulating the filing of the returns of all corporations chartered under the laws of this State, and foreign corporations doing business in this State; providing that the Secretary of State shall be ex-officio corporations commissioner, to whom such returns shall be made, 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 Secretary of State shall be ex-officio corporation commissioner of this State, and shall be charged with the execution of the duties hereinafter enumerated. Corporation commissioner. SEC. 2. Be it further enacted by the authority aforesaid, That it is hereby made the duty of all corporations, except banks, doing business in this State, whether incorporated by the Legislature of this State, by the Secretary of State, or by the judgment of the superior court, or of any foreign corporation doing business in this State, to make a return, annually, through the president or general manager on or by the first day of November, embracing the following information: Returns of corporations. (1) The name of the company. (2) When incorporated. (3) By what authority incorporated. (4) Where incorporated. (5) The amount of capital stock of said corporation. (6) The business of the corporation. (7) Its principal office. SEC. 3. Be it further enacted by the authority aforesaid, That at the time of making said return the officer making the same shall remit a fee of one dollar ($1.00) for the first year, and annually Page 106 thereafter fifty cents to cover the cost of recording the return. Fees. SEC. 4. Be it further enacted by the authority aforesaid, That upon failure and refusal of any corporation to make its return as set forth in section 2 of this Act, said company shall be liable to a penalty of fifty dollars, and the commissioner of corporations is hereby authorized and empowered to issue his execution therefor, including all costs incurred. Penalty for non-compliance. Provided, the Secretary of State shall have in his discretion authority to suspend the penalty or issuance of fi. fas. when he shall be convinced that there has been no bad faith in failure to comply with the requirements of this Act. Suspension of penalty. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of the commissioner of corporations to procure a book wherein he shall enter the returns made by the corporation as required by this Act, which book is to be kept readily accessible for public inspection and in the office of the Secretary of State at the capitol. Returns to berecorded. Should the return be desired as evidence in any court in this State, a certified copy of the same, under the seal of his office, shall be sufficient to authorize the same to be admitted as evidence in any court of law or equity in this State. Copy of returns evidence. SEC. 6. Be it further enacted by the authority aforesaid, That the commissioner of corporations shall receive the sum of twelve hundred dollars ($1,200) per annum for his services, and one thousand dollars ($1,000) per annum for clerical expenses in executing the provisions of this Act, to be paid quarterly out of fees derived from the office. Any surplus over and above the salaries and expenses herein provided shall be paid into the treasury for the use of the State, and the Secretary of State shall include in his annual reports a full statement of all fees collected or received under this Act, and how disposed of. Salaries of commissioner and clerk. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of the Secretary of State to furnish to the Comptroller-General, on or before January first of each year, a certified list of all corporations registering under this Act, showing in detail the information required to be filed by each of said corporations hereunder. Certified list for Comptroller-General. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. Page 107 INSURANCE POLICIES, HOW ISSUED. No. 466. An Act fixing and regulating the manner in which contracts and policies of insurance, whether life or property, shall be issued and made in this State. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act all life and fire insurance policies issued upon the life or property of persons within this State, whether issued by companies organized under the laws of this State or by foreign companies doing business in this State, which contain any reference to the application for insurance, or the constitution, by-laws, or other rules of the company, either as forming part of the policy or contract between the parties thereto, or having any bearing on said contract, shall contain or have attached to said policy a correct copy of said application signed by the applicant, and of the by-laws referred to, and unless so attached and accompanying the policy, no such constitution or by-laws shall be received in evidence either as part of the policy or as an independent contract in any controversy between the parties to or interested in the said policy; nor shall such application or by-laws be considered a part of the policy or contract between such parties. Policies of insurance must contain entire contract. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. LIFE INSURANCE ON RESERVE PLAN, DEPOSIT OF SECURITIES FOR POLICIES. No. 472. An Act to authorize any life insurance company organized and doing business on the legal reserve plan under the laws of this State, to deposit with the Treasurer of the State securities to the amount of the net reserve value of all policies issued by such company as security for the payment of all liabilities arising under the terms of such policies. SECTION 1. Be it enacted by the General Assembly of the Page 108 State of Georgia, That from and after the passage of this Act the Insurance Commissioner of this State shall, as soon as practicable after the filing of the annual statement of any insurance company organized and doing business on the legal reserve plan under the laws of this State, proceed to ascertain the net reserve value of each policy in force on the thirty-first day of December immediately preceding upon the basis of calculation fixed by existing laws of this State; and should any company issue policies based upon a higher standard, such policy shall be valued according to such higher standard. For the purpose of making such valuation the Insurance Commissioner may employ a competent actuary to do the same, who shall be paid by the company for which the services are rendered; but nothing in this Act shall prevent any company from making said valuation herein contemplated which may be received by the Insurance Commissioner upon such proof as he may determine. The expense of procuring such proof shall be paid by the company. Upon ascertaining, in the manner above provided, the net reserve value of all policies in force issued by any company, desiring to operate under the provisions of this Act, the Insurance Commissioner shall notify such company of the amount thereof, and within sixty days after the date of such notification the officers of such company shall have the right to deposit with the Treasurer of this State, for the security and benefit of all its policy-holders, securities to an amount which, together with the sum already deposited with said Treasurer, and such sums as may be deposited by said company with other States and governments, by requirements of the laws of such other States or governments in which said company is doing business, shall not be less than the amount of such ascertained valuation of all policies in force. In case the deposits made with other States and governments are by the laws of such States and governments held as security, first for the policy-holders of such States and governments, then said policy-holders in such other States shall not participate in the securities held in this State until due allowance or credit has been given for the securities held by their own States or government, so that all policy-holders of the company shall stand on equal terms. The securities shall be such as are described in section 2026 of the Code of 1895, or certificates of deposit in any solvent bank or trust company, or satisfactory evidences of ownership of unincumbered improved real estate as may be lawfully acquired by such company under the provisions of law, at such value as may be determined upon by two disinterested appraisers residing in the county in which the real estate is situated, such appraisers to be Page 109 appointed by the Insurance Commissioner of this State. Such real estate shall not be sold or encumbered unless securities of equal value as herein required be deposited with the Treasurer of this State in lieu therof. Net reserve value of all life insurance policies issued on reserve plan, the measure of the deposit required in this State. Value of deposit, how ascertained. SEC. 2. Be it further enacted, That upon the deposit being made by any company as provided in the foregoing section which shall be renewed annually, the Insurance Commissioner shall issue a certificate setting forth the corporate name of the company, its principal office, that it has fully complied with the provisions of this Act, stating the amount deposited and the net reserve value of outstanding policies, and the table upon which the same is computed, and that it is authorized to transact the business of life insurance in this State; provided, that any such certificate shall expire on the thirtieth day of May in the year following its issue. If requested by such company, the Insurance Commissioner shall furnish such company with a certificate over his signature to be attached to or printed on policy issued by such company in substance as follows: State of Georgia, Insurance Department, State Capitol, Atlanta, Ga....., 190..... The net reserve value of policies issued by..... Life Insurance Company of..... Georgia, is secured by a deposit of acceptable securities in accordance with the compulsory reserve deposit laws of this State, enacted in the year 1906......, Insurance Commissioner. Certificate of deposit by Insurance Commissioner. SEC. 3. Be it further enacted, That upon the failure of any company having once exercised the privilege of coming under the provisions of this Act to make the deposit in the time provided herein, the Insurance Commissioner shall notify such company to issue no new policies in this State until there shall have been compliance with said requirements. The Insurance Commissioner shall revoke the license of any company issuing policies after such notice and before compliance with said requirements. Failure to make deposit, effect of. SEC. 4. Be it further enacted, That all companies coming within the provisions of this Act shall have the right at any time to change their securities on deposit by substituting for those withdrawn a like amount in other securities of the character provided for in this Act, and whenever the net reserve value of policy outstanding and in force against any company is less than the amount of securities then on deposit with the Treasurer of this State, said company shall have the right to withdraw such excess; but at least one hundred thousand dollars shall remain on deposit. Companies having on deposit stock or bonds as security may collect the dividends and interest accruing on such deposits, but upon default by such company to deposit additional Page 110 security as called for by the Insurance Commissioner, the State Treasurer shall collect the interest on such security as it becomes due, and add the same to the securities in his hands belonging to such company. Change of securities deposited. Dividends and interest. SEC. 5. Be it further enacted, That all securities offered for deposit under the provisions of this Act shall be passed upon by the Insurance Commissioner and approved by him before being deposited with the State Treasurer, and before the withdrawal of any securities from the Treasurer by the company, the Insurance Commissioner shall first approve such withdrawal and the substitution of securities therefor. Approval of deposits. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. COMMISSIONER OF AGRICULTURE AND COMMISSIONER OF PENSIONS, SALARIES OF. No. 471. An Act fix the salaries of the Commissioner of Agriculture and Commissioner of Pensions. WHEREAS, At the time of the passage of the Acts creating the several offices and the departments and prescribing their duties, that the salaries then fixed were adequate in view of the duties then compared with the cost of living; and, WHEREAS, The cost of living has been increased and the duties greatly multiplied on account of the increase of population and the developments of the various resources and wealth of the State, thus rendering the salaries of these officers inadequate as compensation for the performance of the responsible services required of them. Salaries of Commissioners of Agriculture and of Pensions. 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 that the salaries of the Commissioner of Agriculture and Commissioner of Pensions be, and is, hereby fixed at the sum of three thousand dollars each per annum. SEC. 2. Be it further enacted by the authority aforesaid, That Page 111 all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 17, 1906. FRAUDULENT PACKING AND SALE OF FLOUR, GRITS AND MEAL PROHIBITED. No. 457. An Act to protect purchasers and dealers from fraudulent short-weights, and to prevent fraudulent packing and sale of flour, grits and corn-meal. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That all flour, grits and corn-meal packed in barrels or half-barrels made of any material, or any package made of wood or metal in which flour, grits or corn-meal are or may be offered for sale, shall be well made and of good material; shall have the net weight of flour, grits or meal plainly marked in the head, top or side of the barrel or package with a stencil, or paper label or pencil, with letters and figures not less than one inch in length, and the tare marked on the reverse end or side of the barrel or package in like manner. Packages containing flour, grits or corn-meal how marked. SEC. 2. Be it further enacted, That every miller, bolter, blender or mixer, or other person who manufactures or who buys flour, grits or corn-meal for the purpose of repacking, shall put into each barrel the full quantity and weight of one hundred and ninety-six (196) pounds of flour, grits or corn-meal, and shall put into each half-barrel the quantity and weight of ninety-six (96) pounds of flour, grits or corn-meal. Weight of barrels. When flour, grits or corn-meal is packed in sacks, the gross weight shall be as follows: Sacks containing 140 pounds, sacks containing 280 pounds, half-barrel sacks, 96 pounds, quarter-barrel sacks, 48 pounds, eighth-barrel sacks, 24 pounds, sixteenth-barrel sacks, 12 pounds, thirty-second-barrel sacks, 6 pounds. Weight of sacks. SEC. 3. Be it further enacted, That from the weights above specified variations for inaccuracies will be allowed as follows: On all packages weighing ninety pounds or over, an allowance of one-fourth of one per cent., and on all packages smaller than Page 112 ninety pounds, an allowance of one-half of one per cent., less than the weight specified in section 2 of this Act. Variations in weights. SEC. 4. Be it further enacted, That any violation of this Act shall be a misdemeanor, and upon conviction the offender shall be punished as prescribed in section 1039 of the Penal Code. Penalties. SEC. 5. Be it further enacted, That this Act shall take effect from and after the first day of December, 1906. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. STATE BOARD OF HEALTH, DUTIES, JURISDICTION AND POWERS OF. No. 546. An Act amendatory of an Act approved August 17, 1903, entitled An Act to create a State Board of Health in and for the State of Georgia, to define its duties, jurisdiction and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in addition to the powers and duties heretofore conferred upon the State Board of Health by the Act approved August 17, 1903, the said State Board of Health is hereby empowered and directed, as soon as practicable, to arrange for the preparation and manufacture in its laboratory at the capitol, material necessary for the treatment and prevention of hydrophobia according to the method of Pasteur, and to keep constantly on hand the necessary material sufficient in quantity to meet the requirements that any exigency may demand, and to distribute the same free of cost to physicians and surgeons over the State for the treatment of such of their patients as have been bitten by an animal suffering with rabies. Material for treatment and prevention of hydrophobia. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 113 HIRE OF FELONY CONVICTS, PARTICIPATION IN BY NEW COUNTIES. No. 488. An Act to amend an Act approved August 17, 1903, and entitled An Act to amend an Act approved December 21, 1897, being an Act to create a Prison Commission for the State of Georgit to hire the labor of certain felony convicts for the period of five years after the expiration of the present contract; to dispose of the money arising therefrom, and to authorize the Governor and the Prison Commission to impose a fine upon certain county authorities for failure to comply with the laws and regulations governing misdemeanor chain-gang, and for other purposes, and to provide by said amendment for the participation by counties formed subsequent to December 1, 1903, in the benefits of said amended Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That An Act entitled an Act to amend an Act approved December 1, 1897, being an Act to create a Prison Commission for the State of Georgia to hire 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 a fine upon certain county authorities for failure to comply with the laws and regulations governing misdemeanor chain-gang, and for other purposes be, and the same is, hereby amended by adding to section 3 the following provisions, to wit: Provided, that in every instance where a new county has been, or hereafter may be, created out of the territory of any one or more of the counties organized prior to December 1, 1903, then such new county shall have the same rights and powers as to working convicts upon its public roads and public works, and as to participating in and taking proceeds from the hire of convicts that the several old counties had under the original Act hereby amended. Participation of new counties in hire of convicts. SEC. 2. Be it further enacted by the authority aforesaid, That as soon after the 20th day of August, 1906, and annually thereafter, as is practicable, the Prison Commission shall make a just apportionment between such new county and the old counties whose territory has been taken to form the new county, of Page 114 all felony convicts heretofore awarded to such old counties the basis of apportionment between such new counties and such old counties affected to be the general population of such counties as shown by the latest United States census, wherever applicable, and wherever not applicable, upon the best information obtainable, including the tax digest of the old and new counties. Apportionment, how made. SEC. 3. Be it further enacted by the authority aforesaid, That in the event any new county shall not desire to work its convicts upon its public roads and public works, and the old counties affected by this amendment shall desire to continue to work all the convicts heretofore allotted to them, in that event the same may be permitted by the Prison Commission upon the old counties paying to the new county the just value of the hire of such convicts, which value shall be fixed by the Prison Commission. New counties may work convicts or claim hire. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. LOCAL OPTION ELECTIONS IN REFERENCE TO DISPENSARIES. No. 379. An Act to provide for local option elections in counties in this State in which the sale of whiskey is not lawful, except through dispensaries; to determine the question of whether the sale of intoxicating liquors through dispensaries shall be prohibited in said counties; to determine the status of the county in respect to the sale of intoxicating liquors after such election has been held, and to provide a mode of changing the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That in the counties of this State where the sale of intoxicating liquors is unlawful, except in dispensaries, upon a petition signed by one-third of the voters who are qualified to vote for members of the General Assembly, the ordinary shall order an election to be held at the places for holding elections for members of the General Assembly, to take place within forty days after the reception Page 115 of said petition, to determine whether or not the sale of intoxicating liquors shall be absolutely prohibited in such county or not. The ordinary shall determine upon the sufficiency of the petition presented by comparing the petition with the registrationlist of the last general election held in said county. Elections to abolish dispensaries and prohibit any sale. SEC. 2. The provisions of sections 1543, 1545 and 1546 of the first volume of the Code of Georgia, known as the Political Code, except where clearly inapplicable, shall apply at such elections. Elections, how held. SEC. 3. All persons voting at any election held under the provisions of this Act who are against the sale of intoxicating liquors being sold in such dispensaries, and are in favor of the provisions of this Act going in force, shall have written or printed on their tickets Against the dispensary, and those who are in favor of allowing intoxicating liquors sold in said dispensary shall have written or printed on their ballots For the dispensary. Ballots. SEC. 4. If a majority of the votes cast at any election held under this Act shall be Against the dispensary it shall not be lawful for any person, firm or corporation within the limits of said county to sell or barter for valuable consideration, either directly or indirectly, or give away to induce trade at any place of business, or to furnish at any other public places any intoxicating liquors, or other drinks which, if drunk to excess, will produce intoxication; nor shall it be lawful in the limits of said county for intoxicating liquors to be sold in dispensaries, and the sale of intoxicating liquors in said county shall be prohibited to private persons and to the State, its officers and agents; provided, that this Act shall not prevent licensed druggists from selling or furnishing pure alcohol for medical or scientific and mechanical purposes. Result of elections. SEC. 5. Whenever an election shall have been held under this Act, then no other local option liquor election shall be held in the same county in less than four years thereafter, which must be done upon a new petition by otherwise conforming to this Act. Other elections SEC. 6. If any county shall have voted Against the dispensary under this Act, after the expiration of the four years mentioned above, upon a petition of the character and form mentioned and in the manner set out in the preceding section, a new election shall be called, and if the result of said election shall be For the dispensary, then the laws regulating the sale of intoxicating liquors in dispensary in said counties, which were in existence at the date when their operation was suspended by virtue Page 116 of the voters of said county having voted Against the dispensary shall be restored to force and effect. Re-establishment of dispensaries. SEC. 7. No local option election under sections 1541 to 1550, inclusive, of the first volume of the Political Code of Georgia, shall be called in any county in this State after the same has voted Against the dispensaries, and so long as the provisions of this Act are in force in such county. SEC. 8. All laws and parts of laws conflicting with this Act are hereby repealed. SEC. 9. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor. Penalty. Approved August 1, 1906. LOCAL OPTION ELECTIONS IN REFERENCE TO PUBLIC ROADS. No. 440. An Act to amend an Act approved December 24, 1896, entitled An Act to amend an Act approved October 21, 1891, entitled `An Act to give the commissioners of roads and revenues, or the ordinary, or the county judge, as the case may be, of each county, the power or authority to lay out upon, change or discontinue the public roads, and to work and have worked the same, and for other purposes,' so as to provide that said Act may be suspended by a vote of the people. 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 be, and the same is, hereby amended by adding to section 8 the following: On the filing of a petition with any ordinary in this State, signed by one hundred and fifty or more voters of the said county asking for an election to be held to determine whether the plan provided by the Act of December 24, 1896, for working the public roads shall be suspended or not, the said ordinary shall make an order providing for an election, and shall appoint a day for the same, and shall publish the same for four successive weeks in the newspaper in which the legal advertisements of said county are published. On the day appointed an election shall be held at the election precincts in said county under the laws of this State controlling Page 117 elections, and the consolidated returns shall be made to the ordinary of said county. No additional or further registration of voters of said county shall be required of the voters of said county, but the registration had at the last preceding election shall be sufficient for an election under this Act, and the name of any legal voter may be added to the list of voters by the registrars on his taking the required oath, unless the said board of registrars decide that said voter is disqualified. Voters shall have written or printed on their ballots the words For the repeal of the four-days law, or Against the repeal of the four-days law. In the event that For the repeal of the four-days law shall have a majority of the votes cast at such election, the ordinary shall so declare by proper order the said four-days law provided by the Act of December 24, 1896, shall be suspended from operation in said county, and the road law in force at the time of the adoption of said Act of December 24, 1896, shall be in force. Road laws, local elections for. SEC. 2. Be it further enacted, That all laws militating against this Act be, and the same are, hereby repealed. Approved August 14, 1906. PUBLIC-SCHOOL FUND, APPORTIONMENTS IN OF NEW COUNTIES. No. 489. An Act to amend an Act approved August 17, 1903, and entitled An Act to secure to the several counties of this State the public school fund to which they are now, or may hereafter, be entitled under the law, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act approved August 17, 1903, and entitled An Act to secure to the several counties of this State the public school fund to which they are now, or may hereafter, be entitled under the law be, and the same is, hereby amended by adding thereto the following provisions: Provided, that in every instance where a new county has been, or hereafter may be, created out of the territory of any one or more of the counties organized prior to December 1, 1903, and such old counties shall, at the time of the approval of this Act, have on hand, either in the treasury of this State or elsewhere, any funds subject to the Page 118 provisions of the Act hereby amended, then such funds shall be equitably apportioned between such new county and the old counties whose territory went to the formation of the new county, the basis of apportionment between the new county and the old counties affected to be the school population of said counties as the same may appear from the records in the office of the State School Commissioner, or as may be agreed upon by the authorities of counties affected. New courties' pro rata share of school funds. SEC. 2. Be it further enacted by the authority aforesaid, That it is hereby made the duty of said State School Commissioner to apportion said funds and to cause the same to be paid over upon lawful demand to the respective counties entitled thereto. State School Commissioner to apportion. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. CORN-MEAL, WEIGHT AND SALE OF REGULATED. No. 452. An Act to fix the weight and regulate the trade in corn-meal, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the standard weight of a bushel of corn-meal, whether bolted or unbolted, shall be forty-eight (48) pounds. Standard weight of cornmeal. SEC. 2. Be it further enacted, That it shall be unlawful for any person or persons to pack for sale, sell, or offer for sale in this State, any corn-meal except in bags or packages containing by standard weight two bushels, or one bushel, or one-half bushel, or one-fourth bushel, or one-eighth bushel, respectively. Each bag or package of corn-meal shall have plainly printed or marked thereon, whether the meal is bolted or unbolted, the amount it contains in bushels, or fraction of a bushel, and the weight in pounds; provided, the provisions of this section shall not apply to the retailing of meal direct to customers from bulk stock when priced and delivered by actual weight or measure. Packages, how marked. SEC. 3. Be it further enacted, That any person or persons Page 119 guilty of violating either of the foregoing sections of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed by section 1039 of volume 3 of the Code of 1895. Penalties for violation of this Act. SEC. 4. Be it further enacted, That this Act shall be of force and effect from and after January 1, 1907. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. SHERIFFS AND BAILIFFS, COMPENSATION OF. No. 462. An Act to provide for the compensation of sheriffs and county court bailiffs for summoning jurors in county courts. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act the sheriff or county court bailiff, as the case may be, shall be entitled to the sum of five dollars, to be paid out of the county treasury, for summoning each jury in any county court in this State. Sheriffs and/bailiffs, fees of in county courts. SEC. 2. All laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. IMPROVEMENT OF STREETS ON WHICH PUBLIC PROPERTY ABUTS. No. 467. An Act providing for the improvement of the streets and sidewalks abutting the public property of this State, or any of its political subdivisions, conferring the right upon the State, county and municipality to join in the application, fixing their liability to assessment therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of this Page 120 State, and it is hereby enacted by the authority of the same, That whenever the abutting landowners of any street or sidewalk in this State petition to have the same improved, and where the State, or any of its political subdivisions, is the owner of property on said street, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purposes of assessment, and where the State is the owner of the property the Governor is hereby authorized to sign the application for and in behalf of the State; and where the county is the owner, the ordinary, or the chairman of the board of county commissioners, as the case may be, is hereby authorized to sign in behalf of the county; and where a municipality is the owner of the property the mayor of the city where said property is situated is authorized to sign in behalf of the city. Improvements of streets on which public property abuts. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. ATTACHMENTS AGAINST NON-RESIDENTS, SITUS OF SUITS. No. 473. An Act to amend an Act of the General Assembly of the State of Georgia approved August 13, 1904, entitled An Act providing for the situs of debts due to non-residents for purposes of attachment, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act of the General Assembly of the State of Georgia approved August 13, 1904, entitled An Act providing for the situs of debts due to non-residents for purposes of attachment, and for other purposes, be amended by adding after the first section of said Act, as published, the following words: Provided, that the writ of attachment shall not be used to subject in this State the wages of persons who reside out of the State, and which have been earned wholly without the State of Georgia, so that said Act, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act Page 121 when any suit is brought by attachment in this State against a non-resident of the State, and the attachment is levied by service of summons of garnishment, the situs of any debt due by the garnishee to the defendant shall be at the residence of the garnishee in this State, and any sum due to the defendant in attachment shall be subject to said attachment; provided, that the writ of attachment shall not be used to subject in this State wages of persons who reside out of the State, and which have been earned wholly without the State of Georgia. Wages of non-residents earned outside of State not subject to attachment. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict herewith are hereby repealed. Approved August 20, 1906. COUNTY-LINES IN TOWNS AND CITIES, HOW CHANGED. No. 403. An Act to provide for the change of county-lines lying within the limits of incorporated towns and cities, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That whenever the boundary-lines of one or more of the counties of this State shall lie within the corporate limits of any town or city having more than five hundred inhabitants, and it is desired to change the county-lines and bring the said town or city wholly within the limits of one county only, the change of such county-lines shall be effected in the following manner: County lines in towns or cities, how changed. The municipal authorities of said town or city shall submit the matter as herein provided to the lawful voters of said municipality at any general election therein, or at any special election for that purpose, after advertising the same in either case once a week for four weeks, in the public gazette in which the sheriff's advertisements are published, in each of the counties whose boundary-lines lie within the limits of said municipality, and also in a public gazette, if there be one, published therein. Said special election shall be had not earlier than thirty days after the publication of the first notice, and shall be held under the same rules and regulations Page 122 as provided for members of the General Assembly. At any such general or special election the question shall be submitted in such manner as to enable each voter to say whether he desires any change in existing county lines, and which of the adjacent counties he desires the municipality to be included within. Whenever, at any such general or special election, a majority of the votes cast thereat shall be in favor of changing the countylines so as to bring the municipality wholly within the lines of any particular one of the adjacent counties, the mayor and clerk of said town or city shall within thirty days certify the result of such election to the ordinaries or boards of county commissioners or other officer having the control of the county business in each of the counties affected. The said municipal and county authorities shall thereupon proceed to readjust and change the lines of the counties affected in such manner as to include the said municipality wholly within the limits of the particular county fixed upon by said election, and shall cause a description and map of the new lines to be filed and recorded in the offices of the clerks of the superior courts of each county affected, and shall cause an official notice of the change and description to be published once a week for four weeks in a public gazette in their respective counties, and thereupon the new line or lines shall be held to be the established line in lieu of the original line or lines. All costs incurred in connection with the said change of line or lines shall be paid by the said town or city desiring the same. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1906. CONFEDERATE FLAGS OF GEORGIA TROOPS, PRESERVATION OF. No. 411. An Act providing for the preservation of the flags of Georgia troops who served in the Confederate States Army, and which have been returned to the State by the United States government. SECTION 1. Be it enacted by the General Assembly of the State Page 123 of Georgia, and it is hereby enacted by authority of the same, That the flags of the Georgia State troops who served in the army of the Confederate States, and which have been returned to the State by the United States government, shall be preserved for all time in the capitol of the State, as priceless mementoes of the cause they represented, and of the heroism and patriotism of the men who bore them. Confederate flags of Georgia troops, preservation of. SEC. 2. Be it further enacted, That such provision as may be necessary shall be made by the Governor to protect and preserve the flags from the ravages of time and dust and moths. SEC. 3. Be it further enacted, That when any such flag as described in section 1 of this Act shall be offered to the State, that it shall be the duty of the Governor to accept it in behalf of the State, and make such provision for its preservation as is prescribed in section 2 of this Act. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1906. PLACES OF PUBLIC AMUSEMENT, OUTSIDE LIMITS OF A CITY, PROHIBITED. No. 356. An Act to make it unlawful for any person or persons to carry on, maintain or operate any public dance-hall or place of public amusement for profit outside of any incorporated town in any county having a city with a population of eighty thousand or more without the written consent of one-half of the freeholders living within a radius of two miles of the place at which such public dance-hall or place of said public amusement is proposed to be carried on; to provide a penalty 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 on and after the passage of this Act it shall be unlawful for any person or persons to carry on, maintain or operate any public dance-hall or place of public amusement for profit beyond the limits of any incorporated town in any county of this State having Page 124 a city of a population of eighty thousand or more without first obtaining the written consent of one-half of the freeholders living within a radius of two miles of the place at which said public dance-hall or public place of amusement is to be maintained and operated. Places of amusements outside limits of a city prohibited. SEC. 2. Be it further enacted, That none of the provisions of this Act shall apply to religious or educational entertainments. SEC. 3. Be it further enacted, That any person or persons violating any of the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as is provided by section 1039 of the Penal Code of 1895. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 9, 1906. CONFEDERATE SOLDIERS' HOME, SALARY OF SUPERINTENDENT. No. 654. An Act to amend the Act approved December 19, 1900, providing for the acceptance by the State of Georgia of the property known as the Confederate Soldiers' Home of Georgia, and for other purposes, by striking from the second section thereof the words, at a salary not to exceed five hundred dollars per annum, where they occur in the ninth and tenth lines of said section, so as to leave the salary to be paid the superintendent of the institution to be fixed, not to exceed one thousand dollars, and determined by the board of trustees, as other salaries are left to be fixed, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act providing for the acceptance by the State of Georgia of the property known as the Confederate Soldiers' Home of Georgia, and for other purposes, approved December 19, 1900, be, and the same is, hereby amended by striking from the ninth and tenth lines of section 2 of said Act the words, at a salary not to exceed five hundred dollars per annum, so as to leave the salary to be paid to the superintendent of the institution in the discretion of the board of trustees as other Page 125 salaries are left to be determined, not to exceed one thousand dollars. Salary of superintendent of Confederate Soldiers' Home. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. STURGEONS, CATCHING OF, LAW PROHIBITING REPEALED. No. 459. An Act to amend an Act to regulate the catching of fish on the seacoast of the State approved December 5, 1901. SECTION 1. Be it enacted by the General Assembly of Georgia, That section 2 of the above-recited Act, which reads as follows: Sec. 2. That the catching of sturgeon within the waters herein named with seines or like devices is absolutely prohibited for a period of five years, following the passage of this Act be, and the same is, hereby repealed. Protection of sturgeons withdrawn. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. LAND IN MERIWETHER COUNTY CEDED FOR FISH CULTURE TO UNITED STATES. No. 663. An Act to cede to the government of the United States of America jurisdiction in certain lands located in Meriwether county for a fish-cultural station, 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 jurisdiction of the State is hereby ceded to the United States of America for the purpose of a fish-cultural establishment in a tract of land not exceeding ten acres in and near the town of Page 126 Bullochville, in Meriwether county, Georgia, and adjoining the land now owned by the United States for the same purpose. Cession of land to United States for fish culture. Provided, that this cession is upon the express condition that the State of Georgia shall so far retain a concurrent jurisdiction within the United States over said land, as that all civil and criminal process issued under the authority of this State may be executed thereon in like manner, as if this Act had not been passed; and upon the further condition that the State shall retain its civil and criminal jurisdiction over persons and citizens in the said ceded territory, as over other persons and citizens in this State. Provided further, that nothing herein contained shall interfere with the jurisdiction of the United States over any matter or subject set out in the Acts of Congress donating money for the erection of public buildings for the transaction of its business in this State, or any Act of Congress relating to the establishment of fisheries, or with any laws, rules or regulations that Congress may hereafter adopt for the preservation and protection of its property and rights in said ceded territory, and the proper maintenance of good order therein. Resolved further, That this cession shall not take effect until the United States shall have acquired title to said land. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. LANDS ACQUIRED BY UNITED STATES, BY PURCHASE OR OTHERWISE, CEDED. No. 482. An Act ceding to the United States exclusive jurisdiction over certain lands acquired for public purposes within this State, and authorizing the acquisition thereof. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the consent of the State of Georgia is hereby given in accordance with the sixteenth clause, eighth section of the first article of the Constitution of the United States to the acquisition by the United States, by purchase, condemnation or Page 127 otherwise, of any lands in this State heretofore ceded, or that may hereafter be required for sites for custom-houses, court-houses, postoffices, or for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. Cession of lands to United States for public buildings, etc. SEC. 2. Be it further enacted, That exclusive jurisdiction in and over any lands so acquired by the United States shall be, and the same is, hereby ceded to the United States for all purposes except the service upon such sites of all civil and criminal process of the courts of this State; but the jurisdiction so ceded shall continue no longer than said United States shall own such lands. SEC. 3. Be it further enacted, That this Act shall take effect and be of force from and after its passage. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. Page 129 Part II.Local Laws. TITLE I.CITY AND COUNTY COURTS. TITLE II.MISCELLANEOUS. TITLE III.EDUCATION. Page 131 TITLE I. CITY AND COUNTY COURTS. ACTS. City Court of Abbeville established. City Court of Albany. Act establishing amended. City Court of Ashburn abolished. City Court of Ashburn established. Criminal Court of Atlanta, Judge's salary. City Court of Bainbridge, Insolvent costs in. City Court of Blakely established. City Court of Brunswick, Act creating amended. City Court of Buford, Act creating amended. City Court of Buford abolished. City Court of Buford established. City Court of Cairo established. City Court of Calhoun established. City Court of Camilla, Act creating amended. City Court of Cordele established. City Court of Dublin, Act creating amended. City Court of Early County abolished. City Court of Eastman, Act creating amended. City Court of Ellaville established. City Court of Fitzgerald, Act creating amended. City Court of Floyd County. Act creating amended. City Court of Greeneville, Act creating amended. City Court of Jefferson, Judge, Solicitor and Clerk, Election of. City Court of Leesburg, Act creating amended. City Court of Leesburg, Act creating amended. City Court of Louisville established. City Court of Monroe, Act creating amended. City Court of Montgomery County abolished. City Court of Monticello established. City Court of Moultrie, Act creating amended. City Court of Mount Vernon established. City Court of Newton established. City Court of Polk County, Act creating amended. City Court of Polk County, Act creating amended. City Court of Polk County, Act creating amended. City Court of Polk County, Act creating amended. Page 132 City Court of Pulaski County established. City Court of Reidsville, Salary of Judge. City Court of Sparta, Act creating amended. City Court of Statesboro, Salary of Judge. City Court of Statesboro, Election of Judge. City Court of Statesboro, Election of Solicitor. City Court of Swainsboro abolished. City Court of Swainsboro established. City Court of Sylvester, Act creating amended. City Court of Tifton abolished. City Court of Tifton established. City Court of Valdosta, Act creating amended. City Court of Whigham established. City Court of Wrightsville, Act creating amended. County Court of Baker County abolished. County Court of Calhoun County abolished. County Court of Crisp County abolished. County Court of Grady County abolished. County Court of Jasper County abolished. County Court of Jefferson County abolished. County Court of Turner County abolished. County Court of Wilcox County abolished. CITY COURT OF ABBEVILLE ESTABLISHED. No. 630. An Act to establish the city court of Abbeville, in the city of Abbeville, Wilcox 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 Wilcox county; to provide for the transfer of all misdemeanor indictments not disposed of at the term of court at which they are found from the superior court of Wilcox county to the said city court of Abbeville; to provide for the transfer of all cases, civil and criminal, pending in the county court of Wilcox county to said city court of Abbeville, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the Page 133 State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Abbeville, to be located in the city of Abbeville, in the county of Wilcox, State of Georgia, is hereby established and created with civil and criminal jurisdiction over the whole county of Wilcox, concurrent with the superior court, to try and dispose of all civil cases, 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 Abbeville 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 committed in the county of Wilcox, where the offender is not subject to loss of life or confinement in the penitentiary; and no defendant prosecuted in the city court of Abbeville for any misdemeanor shall ever have the right to demand an indictment by the grand jury of Wilcox 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, attachments and garnishment proceedings, illegalities, counter-affidavit 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, 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 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 Abbeville. Jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be elected by the qualified voters of Wilcox county, 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 the month of October, 1908, Page 134 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. 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 five years, and a resident of Wilcox county for five years immediately preceding his appointment or election, 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 respect to person, and do equal justice alike to rich and poor, and that I will faithfully perform and discharge all duties which may be required of me as judge of city court of Abbeville, 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 $1,000 per 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 Wilcox county out of any funds in his hands for paying the current expenses of said county. The judge of said court shall receive no other compensation for his services. He shall not be permitted to practice law. Judge. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be elected by the qualified voters of Wilcox county at the said time and in the same manner as the judge of said court, whose term shall be four years, and until his successor is elected and qualified. The time and 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 Page 135 that he has been a practicing attorney for five years, and a resident of Wilcox county continuously for five 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 said city court. Solicitor. SEC. 4. 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, and the same fees for like services rendered in the Supreme Court. Fees of solicitor in Supreme Court. SEC. 5. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Wilcox county shall be ex-officio clerk of the city court of Abbeville, and shall, before entering upon the discharge of his duties of said 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 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 Wilcox county, which bond and oath shall be filed and recorded in the office of ordinary of Wilcox county. Clerk. SEC. 6. Be it further enacted by the authority aforesaid, That the sheriff of the superior court of Wilcox county shall be ex-officio sheriff of the city court of Abbeville. 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 three thousand dollars, for the faithful discharge of the duties of the office; provided, said sheriff and clerk shall have the right to make their bonds with any guaranty bond company authorized to do business in this State. The bond of said sheriff, as aforesaid, shall be approved by the ordinary of Wilcox county, and recorded and filed in said office of said ordinary. 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. Sheriff. Page 136 SEC. 7. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of clerk of the superior court, and to the office of sheriff of the superior court, shall be attached to the office of clerk of the city court of Abbeville, and to the office of sheriffs of the city court of Abbeville, respectively, and that the judge of the city court of Abbeville 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 and liabilities of officers. SEC. 8. 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 of said city court three dollars per day, for attendance upon said court; provided, neither shall receive pay for exceeding fifteen days in the year. That the fees of the clerk and sheriff of said city court in criminal cases shall be the same as are now, or may hereafter be, allowed by law to the clerk of the superior court and the sheriff of Wilcox county, except when no indictment has been found the clerk shall receive only three dollars, and in all civil cases where the amount involved does not exceed the sum of $100, the clerk of said court shall receive the sum of two dollars, and the sheriff shall receive as his fees the same sums as are allowed him and the bailiffs for similar services in the county court where the amount involved does nto exceed $100; where the amount involved is more than $100, but does not exceed the sum of $500, the clerk shall receive for his services one-third less costs than is allowed the clerk in the superior court for similar services, and said reduction to be on each item of costs, except for the recording the proceedings, issuing subp[oelig]nas and issuing the jury scrip, he shall receive the same fees as are allowed the clerk of the superior court, and for all other services the clerk and sheriff shall receive 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 officers. SEC. 9. Be it further enacted by the authority aforesaid, That Page 137 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 manner and with the same power as the judges of the superior courts of said State. Writs of habeas corpus. SEC. 10. 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 attorney fees, does not exceed one hundred dollars. In all suits brought to the monthly term of said city court the first term shall be the trial or judgment term; provided, however, that if a jury trial be demanded, as hereinafter provided, and there shall be no jury in attendance, then said cause shall be continued over and stand for trial at the next term of court at which a jury shall be drawn and empaneled. The judge of said city court of Abbeville 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. 11. Be it further enacted by the authority aforesaid, That there shall be held on the second Mondays in February, May, August and November quarterly terms of said city court, for the trial of civil and criminal business. The first monthly term to be held under this Act shall be held on the second Monday in September, and the first quarterly term to be held under this Act shall be held on the second Monday in September. That the first quarterly term of said court to which a case is made returnable shall be the appearance or return term, the second shall be the trial, or judgment term; provided, always, where any case is in default, or where, on the call of said case at such appearance term, no issuable defense has been filed under oath, the plaintiff shall be entitled at said term, or appearance term, on the call of the appearance docket, to take a verdict or judgment, as the case may require. All terms of said city court shall be held in the courthouse where the superior court for Wilcox county is held in the city of Abbeville, for which, when necessary, juries shall be drawn, as hereinafter provided, and shall last until 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 Page 138 possible, consistent with the interest of the State and the accused. Said judge may also hold adjourned terms of said 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 be then tried as of the term, whether the court has been held from day to day or not. Quarterly terms. SEC. 12. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior 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 Abbeville, and his lawful deputies, and to 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 same. Procedure. SEC. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleading 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; provided, that in all cases filed to the monthly term of said court, shall be filed at least fifteen days before the first day of court to which they are made returnable and be served at least ten days before court. Practice. SEC. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine, without a jury, all civil causes over which said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court by entering a demand therefor, by himself or by his attorney, in writing, on or before said case is sounded at the first term of court to which it is made returnable, 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. Judgments without jury. SEC. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of 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 Page 139 his deputies of the city court of Abbeville, and to all and singular the sheriffs and their deputies of the superior and city courts of said State. Lien of judgments. SEC. 16. Be it further enacted by the authority aforesaid, That said city 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. Claim cases. SEC. 17. Be it further enacted by the authority aforesaid, That claims to real property levied on under executions or other process from said city court shall be returned to the superior court of the county where such real property is situated, and shall there be tried 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 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 Abbeville, 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 attachments returnable to said city court under the same law governing the issuing of attachments to the superior courts. 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. SEC. 19. 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. 20. Be it further enacted by the authority aforesaid, That the general laws of the State of Georgia, with regard to the commencement of suits, filing, issuing process, defenses, set-offs, affidavits of illegality, claims, mortgage foreclosures, 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 said city court, except as is herein provided; provided, that in all matters where the Page 140 principal amount claimed or involved, not counting attorney's fees, is one hundred dollars or less, same shall be returnable to the monthly terms of said city court, and when the amount claimed or involved is in excess of the amount above named such suits or causes shall be returnable to the quarterly terms of said city court. Practice. SEC. 21. Be it further enacted by the authority aforesaid, 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 laws of the State, and the judge and all other officers of said court shall have the power respectively to administer all oaths pertaining to their office as the judge and other officers of the superior court may in like cases do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers be attested and affidavits administered by justices of the peace of this State, and the judge of said city court shall have all the powers and authority throughout his jurisdiction of the judges of the superior courts, and all laws relating to the governing judges of the superior courts shall apply to the judge of said court, so far as the same may be applicable, except as herein provided. Judge, powers of. SEC. 22. Be it further enacted by the authority aforesaid, That the city court of Abbeville shall be a court of record, shall have a seal, and the minutes, 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. 23. Be it further enacted by the authority aforesaid, That laws regulating the enforcements of judgments, whether civil or criminal, in estreating of criminal bonds, issuing and serving rules nisi, taking rules absolute or judgments thereon, shall apply to said city court, unless otherwise provided by this Act, and executions will be issued and levies and sales had thereunder under the same rules and laws regualting and governing the same in the superior courts. Judgments, how enforced. SEC. 24. 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 his judgments, as is vested by law in the judges of the superior courts of this State. Powers of judge. Page 141 SEC. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Abbeville to prepare and file in his office a complete copy of the traverse jury list of the superior court of Wilcox county, as provided, from time to time for such superior court. From said copy so made traverse jurors for said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets the name of each traverse juror, and shall number the same and place same in a box to be prepared for the purpose, from which shall be drawn sixteen traverse jurors in the manner as is now required by law in superior courts. All laws with reference to drawing and selecting and summoning traverse and tales jurors in the superior courts shall apply to the city court; provided, however, no jury shall be drawn except for the regular quarterly terms of said court or the regular adjourned terms of said court. The sheriff shall be paid five dollars for summoning said jurors. All exceptions from jury duty now of force in the county of Wilcox shall apply and be of effect in said city court. Duties of clerk. SEC. 26. 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. 27. Be it further enacted by the authority aforesaid, That 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 for the purpose of considering a case, the parties in any case may, by consent, agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case or defendant in a criminal case declines to waive trial by jury of twelve, then in a civil case each side shall be allowed two strikes, and in a criminal case the defendant shall be allowed three strikes and the State one strike from said panel. The jurors thus drawn on the regular panel, and likewise the talesmen, whom the judge of said court is hereby empowered to have summoned instanter whenever necessary to complete a panel, shall each receive the Page 142 sum of $2.00 per day while serving as jurors in said court, the same to be paid under the rules governing the payment of superior court jurors. Jurors. SEC. 28. 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 bailiff, in the discretion of said judge, who shall receive the same pay fixed by the grand jury of Wilcox county for riding bailiffs and bailiffs in the superior court of Wilcox county. 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, in writing upon the call of the case, and not afterwards, shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused may not thereafter have the right to recall such waiver, except in the discretion of the court. If upon the trial of any case it shall appear to the judge that the evidence makes the case of a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court, as in preliminary examinations. Criminal cases, how tried. SEC. 30. 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 the affidavit of the prosecutor and signed by the solicitor of said court, and such bills of indictment as may be transferred from the superior court of Wilcox 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 Wilcox county. All proceedings after accusation shall conform to the rules governing like cases in the superior court, 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 and definiteness, both as to manner and 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. Accusations. SEC. 31. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Wilcox 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 Page 143 the superior court, and the order transmitting such cases, which may be passed in term or vacation, shall be entered on the minutes of both of said courts. Cases transferred from superior court. SEC. 32. 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 Wilcox county, to bind over to said city court all persons charged with offenses committed within the limits of Wilcox 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 if the defendant shall have given bail for his or her appearance at a time when the court is not in a regular term, or when jurors are not in attendance upon the court, the court shall proceed to forfeit the bail in the manner now provided by law. The rule nisi and scire facias to be made returnable to the next regular term of the court; provided, said term of 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. 34. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same law, rules and regulations as govern and control the issue of writs of error, filing, serving and any and all other proceedings had in bills of exceptions in the superior courts of this State. Writs of error to Supreme Court. SEC. 35. Be it further enacted by the authority aforesaid, That in all suits brought to the quarterly term of said city court, same shall be filed at least twenty days before the term of court to which it is made returnable, and be served at least fifteen days before said term of court. That in all cases in said city court the same rights and powers as to waivers, pleadings and procedure, or other matter pertaining to same, and all laws, rules and practice, and to continuances, pleadings and the trial of causes therein, shall be the same as in the superior courts of said State, except as in this Act otherwise provided. Practice. SEC. 36. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, or joint trespassers, in which any one or more reside in the county of Wilcox, may be brought in said city court, whether its jurisdiction Page 144 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 the suits. Suits against joint obligors, etc. SEC. 37. 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. 38. 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 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. Adjournment if judge absent. SEC. 39. Be it further enacted by the authority aforesaid, That all moneys arising from fines and forfeitures and hire of convicts in 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 and hire of convicts 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 Wilcox 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 special presentment or bill of indictment up to the time of the transfer of same; 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, upon the same terms, in any fines, forfeitures or convict hire that may arise therefrom. Fines and forfeitures. SEC. 40. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenue or other proper officers of Wilcox 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 of said court, and shall also provide an office in the court-house of said county for the judge and for the solicitor of said court. Books, etc. SEC. 41. Be it further enacted by the authority aforesaid, Page 145 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, rules and regulations in every respect governing the granting of new trials in the superior court 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 the 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 motions shall be governed by the ordinary rules aforesaid. New trials. SEC. 42. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said city court of Abbeville, 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 the plaintiff and defendant equally, and upon the final disposition of said case the whole of said fees to be taxed against the losing party as other costs. And in all criminal cases in said 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 court, to be paid by the defendant; provided, however, said fees shall be paid in advance whenever demanded by the said stenographer. And said stenographer shall have the right to enforce the collection of said fees as do the stenographers of the superior courts of this State. Stenographer. SEC. 43. Be it further enacted by the authority aforesaid, That all cases, civil and criminal, now pending and undisposed of in the county court of Wilcox county shall be, and are hereby, transferred to the said city court of Abbeville, and the same shall be placed upon the proper dockets of 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 the power and authority to issue and enforce in the name of said city court any and all processes in any case from the Page 146 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. That all cases filed to the July quarterly term of said county court, and all cases filed to the October, 1906, quarterly term of the county court, which shall have been filed as much as twenty days prior to the first quarterly term of said city court, shall be returnable to the first quarterly term of said city court, which term shall be the first term of same in said city court, and in all cases not filed twenty days before the first quarterly term of said city court, the second quarterly term of said city court shall be the first term as to such cases. Cases transferred from county court. SEC. 44. Be it further enacted by the authority aforesaid, That the judge of this court shall have the power and authority any time within five days prior to the first quarterly term of said city court, in the presence of the clerk and sheriff of this court, and in the manner pointed out in this Act, to draw a jury for the first quarterly term of this court, which jury shall be summoned by the sheriff, in the manner pointed out by law, any time within three days prior to the first day of the first quarterly term of this court. Juries. SEC. 45. Be it further enacted by the authority aforesaid, That in the event that the convicts from said court of Abbeville shall be hereafter taken charge of by the commissioners of roads and revenues, or other proper officers of Wilcox county, and by them put to work on the roads or other public works of said county, it shall be their duty, and they are hereby required to pay over to the solicitor of said city court, before they take charge of said convicts, the full amount of costs and fees 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. 46. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1906. Page 147 CITY COURT OF ALBANY, ACT ESTABLISHING AMENDED. No. 620. An Act to amend an Act entitled An Act to establish the city court of Albany, in and for the county of Dougherty; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, (approved December 16, 1897), and Acts amendatory thereof (approved December 20, 1898, and August 5, 1904), so as to provide for the election of judge and solicitor of said city court by the people of the county of Dougherty; to increase the salary and to change the age qualification of the judge of said court; to place the solicitor thereof on a salary, instead of a fee system; to change the practice of said court to make it conform with that of the superior court, and not require parties to make a demand for a jury at the first term, as provided in section fifteen of the original Act creating said city court; to provide for a panel of twenty-four jurors in said court, allowing the plaintiff and defendant and State and defendant six peremtory strikes each, and authorize the judge to increase said panel, 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 December 16, 1897, establishing the city court of Albany, and the Acts amendatory thereof, be amended as follows: That a judge and solicitor of said city court of Albany shall be elected at the general election for State and county officers, to be held on the first Wednesday in October, 1908, and that such general election each four years thereafter, and at said elections all qualified voters of Dougherty county shall be entitled to vote. City court of Albany, election of judge and solicitor. SEC. 2. Be it further enacted, That the term of office of judge and solicitor elected at said election to be held on the first Wednesday in October, 1908, shall begin January 1, 1910, and extend four years thereafter, or until their successors are elected and qualified, and the terms of all judges and solicitors, 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. Terms of office. Page 148 SEC. 3. Be it further enacted by the authority aforesaid, 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 Dougherty county, to be held not sooner than twenty days, nor later than thirty days, from the date of the call. Said special election shall be held under and governed by the laws of the State provided for special elections, and the judge or solicitor so elected shall serve out the remainder of said term, and until their successors are elected and qualified; in the event of a vacancy the Governor may appoint a judge or solicitor, who shall hold office until said vacancy is filled in the manner hereinbefore provided. In the event the solicitor is disqualified in any case, or for any cause is unable to act, the judge of said court shall appoint a solicitor pro tem. to act in the stead of said solicitor, and such solicitor pro tem. shall receive a fee of five dollars for each case prosecuted by him, which shall be paid out of the county treasury. Vacancies. SEC. 4. Be it further enacted by the authority aforesaid, That the judge of said city court shall receive a salary of twenty-four hundred dollars per annum, which shall be paid monthly by the treasurer of Dougherty county, as now provided. Said judge shall receive no other compensation, and shall be disqualified from practice of law in Dougherty county; provided, said judge shall not be disqualified from practice in the Federal courts. Salary of judge. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be qualified to hold such office of judge unless he has been a practicing attorney for four years, and a citizen of Dougherty county for four years immediately preceding the election for such judgeship, and shall have attained the age of twenty-seven years. Qualifications of judge. SEC. 6. Be it further enacted by the authority aforesaid, That beginning from January 1, 1910, the fees of the solicitor of said court shall be as now provided by law, but all such fees, except those received for services in the Supreme Court, shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive a salary of $1,500 per annum, the same to be paid monthly out of the county treasury by the county treasurer. Fees of solicitor in Supreme Court. SEC. 7. Be it further enacted by the authority aforesaid, That the practice in said court as to jury trials shall be the same as in the superior courts, and it shall be unnecessary for a defendant in a criminal case or for either party in a civil case to make a demand Page 149 for a jury when, by law, in the superior court he is entitled to a jury trial without such demand. SEC. 8. Be it further enacted by the authority aforesaid, That in all cases in said court, both civil and criminal, a jury of twelve shall be selected from a panel of twenty-four, as now provided by law, by giving the plaintiff and defendant in civil cases, and the State and defendant in criminal cases, six strikes each. If from any cause said panel should be reduced below twenty-four the judge of said court shall have the power to fill it by causing talesmen to be summoned instanter. The judge of the court may at any time, in his discretion, increase the panel of twenty-four jurors to thirty-six, either summoning said additional jurors as talesmen or drawing them out of the jury box. Juries. SEC. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. CITY COURT OF ASHBURN ABOLISHED. No. 415. An Act to abolish the city court of Ashburn, created by the Legislature of 1904 for the 1145th district, G. M., Worth county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act the city court of Ashburn, created by the Legislature of 1904, for the 1145th district, G. M., Worth county, Georgia, be, and the same is, hereby abolished. Ashburn, city court of abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all records and cases pending in said court are hereby transferred to the city court of Ashburn in and for Turner county for trial and disposition. SEC. 3. Be it further enacted by the authority aforesaid, That the terms of this Act shall go into effect October 1, 1906, upon its approval by the Governor. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 9, 1906. Page 150 CITY COURT OF ASHBURN ESTABLISHED. No. 510. An Act to establish the city court of Ashburn, in and for the county of Turner; to define its jurisdiction and powers; to provide for the appointment of the judge and solicitor and the other officers thereof; 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 the authority of the same, That from and after the passage of this Act the city court of Ashburn is hereby created and established, to be organized, located and held in the city of Ashburn, in Turner county, Georgia, with jurisdiction, civil and criminal, over the entire county of Turner. Ashburn, city court of established. SEC. 2. Be it further enacted by the authority aforesaid, That said city court of Ashburn shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which exclusive jurisdiction is vested in other courts by the Constitution of Georgia. Jurisdiction. SEC. 3. Be it further enacted by the authority aforesaid, That said city court of Ashburn shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Turner, when the offender is not subject to loss of life or confinement in the penitentiary; the defendant in all criminal cases in said court shall not have the right of demanding an indictment before the grand jury in said county for misdemeanor cases in said court, or for offenses committed in said county less than the grade of felony. Criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Ashburn, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and who shall hold his term of office for four years from the date of his commission, and until his successor is duly appointed and qualified. Said judge shall be at least twenty-five years old, a resident of said county, a duly licensed, practicing attorney of at least five years' experience, and of good moral character, and shall not practice law in any of the courts of this State Page 151 except the Federal courts, during his term of office, and for his services he shall receive $1,200 per annum, payable monthly out of the county treasury. Judge Said salary shall neither be diminished nor increased during his term of office, and before entering upon his duties he shall take and subscribe to the following oath: I solemnly swear that I will administer justice without respect of person, 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 the judge of the city court of Ashburn, according to the laws and Constitution of this State and the United States; so help me God; which oath shall be filed in the executive department. SEC. 5. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Ashburn, who shall be appointed by the Governor in like manner as the judge of said court, and he shall hold his office for the term of four years from the date of his commission and until his successor has been appointed and qualified, who shall, at the time of his appointment, be a resident of said county, a practicing attorney, at least twenty-one years of age, and of good moral character; and before entering upon the duties of his office he shall take and subscribe the following oath: I do swear that I will faithfully and impartially and without fear, favor, or affection, discharge the duties as solicitor of the city court of Ashburn; so help me God. Solicitor. The said solicitor shall receive the same fees for each written accusation as are allowed a solicitor-general in each indictment in the superior court, and his fees in all services shall be the same as are allowed the solicitor-general in the superior court. In the absence or disqualification of the solicitor of the city court, the judge shall appoint a solicitor pro tem., who shall receive the same fees as the solicitor of said court. SEC. 6. Be it further enacted by the authority aforesaid, That the solicitor of said court, 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. 7. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Turner county, and the sheriff of the superior court of Turner county, shall be the clerk and sheriff, respectively, of the city court of Ashburn. Clerk and sheriff. SEC. 8. Be it further enacted by the authority aforesaid, That Page 152 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 Ashburn, and to the office of sheriff of the city court of Ashburn, respectively; and that the judge of the said city court of Ashburn is empowered to enforce the same authority over said clerk and sheriff and their deputies as is exercised by the judge of the superior court over the clerks of the superior court and the sheriffs of the counties of Georgia. Duties and liabilities. SEC. 9. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Turner county, and the sheriff of the superior court of Turner county and their deputies, shall receive the same fees as are now allowed by law for similar services in the superior courts, unless otherwise specified in this Act; and for services rendered where no compensation is provided by law, they shall receive such compensation as the judge of the city court shall, in his discretion, allow; they shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and cost in said city court as they are now entitled to in the superior court. Fees and costs. SEC. 10. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and dispose of same, and 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 regular terms of said city court of Ashburn shall be held monthly and quarterly at such time as the judge of said court may designate by publication of an order fixing the date for said terms, and at the monthly terms of said city court such matters may be disposed of as do not require a jury and the amount does not exceed five hundred dollars. Terms of court. The judge shall have power to hold said court in session from day to day, not to exceed three weeks from the beginning of the term then in session. SEC. 12. Be it further enacted by the authority aforesaid, That suits in said city court shall, in all respects, be conformable to the mode of proceedings in the superior court, except as hereinafter provided, but the process of writs shall be annexed by the clerk of the 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 Ashburn or his deputies thereof. Proceedings. SEC. 13. Be it further enacted by the authority aforesaid, That Page 153 in all matters pertaining to service, pleadings and practice, the law governing the superior court, when not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Practice. SEC. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine all civil cases over which said court has jurisdiction, and to give judgment therein; provided, that either party in any civil case pending in said court 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 appearance docket, at the appearance term of said case, in all cases in which said party may be entitled to a jury trial under the Constitution and laws of this State. Jury trials. SEC. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said city court shall be a lien on all property of defendant, or defendants, throughout the State in the manner as judgments in the superior court are; that 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 Ashburn, and to all and singular the sheriffs or their deputies of the State of Georgia. Lien of judgments. SEC. 16. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases when personal property is levied upon under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior court. Claim cases SEC. 17. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said city court shall be returnable to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Claims to realty. SEC. 18. Be it further enacted by the authority aforesaid, That all laws upon subject of attachment and garnishments as apply to any matter whatever in the superior courts of this State, shall apply to said city court, as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court returnable to said court shall be directed to the sheriff, or his deputies, of the city court of Ashburn, and all and singular the sheriffs and constables of this State, and the judge of said Page 154 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. 19. Be it further enacted by the authority aforesaid, That garnishments 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 court. SEC. 20. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior courts, but scire facias shall run throughout the State, and may be served by any sheriff, or his deputy, thereof. Parties. SEC. 21. Be it further enacted by the authority aforesaid, That the general laws of the State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatories or under subp[oelig]nas, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of the said city court, shall be applicable to the said city court. Practice. SEC. 22. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purposes of perpetuating testimony within his jurisdiction in all cases according to the laws of the State, and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office as the judge and other officers of the superior court may in like cases do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers be attested and affidavits administered by justice of the peace of this State, and the judge of said city court shall have all the powers and authority throughout his jurisdiction of the judges of the superior courts, and all laws relating to the governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Powers of judge. SEC. 23. Be it further enacted by the authority aforesaid, That the said city court of Ashburn 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 used to be kept for the superior court shall be kept in and for said city court, and in the same manner, and all the laws applicable to the duties of Page 155 the clerk and sheriff of said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 24. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments, whether civil or criminal, shall apply to said city court, and executions will issue and be levied, and sale had thereunder under the same rules and laws regulating the same in the superior courts. Judgments, how enforced. SEC. 25. Be it further enacted by the authority aforesaid, That the judge of the city court aforesaid shall have power to enforce all his judgments as is vested by law in the judges of the superior courts of this State. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the city court of Ashburn to prepare and file in his office a complete copy of the traverse jury-list of the superior court of Turner 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 court shall write upon separate tickets the name of each traverse juror, and shall number the same and place same in a box, to be prepared for the purpose, from which shall be drawn twenty-four traverse jurors in the manner as now required by law in superior courts. All laws with reference to drawing and selecting and summoning traverse and tales jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid five dollars for summoning said jurors. Jurors. All exemptions from jury duty now of force in the county of Turner shall apply and be of effect in said city court. SEC. 27. Be it further enacted by the authority aforesaid, That all laws in reference to the qualification, relations, impaneling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly, relating to the same in the superior court, shall apply to and be observed in said city court, except where inconsistent with the provisions of this Act. Jurors. SEC. 28. Be it further enacted by the authority aforesaid, That all jurors, both regular and talesman, which the judge of said city court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of $2.00 per day while serving as jurors in said court, the same to be paid under the rules governing the payment of superior court jurors. Per diem jurors. SEC. 29. Be it further enacted by the authority aforesaid, That Page 156 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. If upon the trial of any case it shall appear to the judge that the evidence makes the case of felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Trial of criminal cases. 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, setting forth plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the solicitor of said court. 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 particularity both as to manner of form and substance, as is required by the laws and rules of criminal pleadings to be observed in bills of indictment in the superior court. Accusations. SEC. 31. Be it further enacted by the authority aforesaid, That when any criminal case in the city court, founded either upon indictment or presentment by the grand jury, or upon an accusation in said city court for trial, 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, presentment or accusation, and signed by the prosecuting officer of the 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 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 the aid of a jury; provided, always, that a reasonable time may be granted the State or defendant to procure the attendance of witnesses. Trial of criminal cases. SEC. 32. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Turner 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 be entered on the minutes of both of said courts. Misdemeanors transferred from superior court. SEC. 33. Be it further enacted by the authority aforesaid, That Page 157 it shall be the duty of all justices of the peace and notaries public of Turner county to bind over to said city court all persons charged with offenses committed within the limits of Turner county, over which said city court has jurisdiction, there to answer for said offense. Appearance bonds. SEC. 34. Be it further enacted by the authority aforesaid, That the judge of the city court of Ashburn shall have the power and authority to appoint bailiffs at each term of the court that judges of the superior courts have, and that they receive the same compensation as bailiffs for similar service in the superior court. Bailiffs. SEC. 35. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said city court to the Supreme Court of the State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing a bill of exceptions in the superior courts of this State. Writs of error. SEC. 36. Be it further enacted by the authority aforesaid, That in all cases in said city court the same powers and rights as to waivers, pleadings or procedure, or other matters pertaining to same, shall be allowed and upheld by the laws and rules to parties in said superior court. Practice. SEC. 37. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the superior court. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts, shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause, for the time may, by order, be granted, in the discretion of the judge of said court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. SEC. 38. Be it further enacted by the authority aforesaid, That all suits against joint obligees, joint promisors, copartners or joint trespassers, in which any one or more reside in the county of Turner, may be brought in said court, whether its jurisdiction is already stated under the same rules and regulations governing Page 158 such cases in the superior court, mutatis mutandis as to copies, second originals, returns and other matters connected with the suits. Joint promisors, etc. SEC. 39. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuances, motions, pleas and practice, shall be applicable to said city court, and shall obtain therein. Practice. SEC. 40. 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 laws, rules and practices in said court with reference to the terms thereof, and to the 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. 41. 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, 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 by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may, in writing, direct, or if no direction be given, the court shall be adjourned to the next regular term. Adjournments. SEC. 43. 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 cost of the solicitor, clerk and sheriff of said city court, including insolvent cost, the same to be distributed pro rata under the 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 Turner county to the said city court, the solicitor of the superior court shall be entitled to such solicitor's cost as shall have accrued on bill of indictment or special presentments up to the time of the transfer; providing further, that in all cases the magistrate binding over in any preliminary hearing shall be entitled to share, as to his cost in the particular case, with the other officers of the said city court upon the same terms in any fines and forfeitures that may arise therefrom. Fines and forfeitures. SEC. 44. Be it further enacted by the authority aforesaid, That Page 159 the ordinary of Turner county, or other proper officer of the county of Turner, shall provide the necessary books for keeping the dockets, minutes and records of the said city court. The sittings of said court shall be held in the county court-house in the city of Ashburn. Court-house and supplies. SEC. 45. Be it further enacted by the authority aforesaid, That there shall be a stenographer of the city court of Ashburn appointed by the judge thereof, and all civil cases in said county may be reported at the request of the plaintiff or defendant, or in the discretion of the judge, and the fees for reporting such case shall be the same as allowed for similar service in the superior court. In criminal cases he shall be paid on the basis of $5.00 per diem for services rendered in such misdemeanor cases as are directed by the judge of said city court to be reported, such compensation to be paid out of the treasury of Turner county, as other county expenses are paid, the transcript of such evidence to be furnished, without cost, when deemed necessary by the judge of said city court. Stenographer. SEC. 46. Be it further enacted by the authority aforesaid, That this Act shall go into effect on October 1, 1906. SEC. 47. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. CRIMINAL COURT OF ATLANTA, JUDGE'S SALARY. No. 376. An Act to amend an Act entitled An Act to establish the criminal court of Atlanta, and in pursuance thereof, to amend an Act establishing city court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes, approved September 6, 1891, and Acts amendatory thereof, so as to increase the salary of the judge of said court to five thousand dollars per annum, 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 3 of the Act creating the criminal court of Atlanta, approved September Page 160 6, 1891, be, and the same is, hereby amended by striking out the word three in the first line of said section, and inserting in lieu thereof the word five, so that said section, when so amended, shall read as follows: Judge of criminal court of Atlanta. Sec. 3. The salary of said judge shall be five thousand dollars per annum, payable monthly out of the treasury of Fulton county. Said judge, before entering on the duties of his office, shall take and subscribe before the Governor an oath faithfully and impartially to discharge such duties to the best of his ability and understanding, and agreeably to the Constitution of this State and of the United States, and to support said Constitutions. Salary. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 31, 1906. CITY COURT OF BAINBRIDGE, INSOLVENT COSTS IN. No. 407. An Act to amend the Act establishing the city court of Bainbridge, passed by the General Assembly of 1900, and approved November 27, 1900, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act an Act establishing the city court of Bainbridge, passed by the General Assembly of 1900, and approved November 27, 1900, be, and the same is, hereby amended by adding an additional section to be known as section 44, which shall read as follows: Be it further enacted, That all funds coming into the hands of the county board of commissioners of Decatur county, arising from the labor of misdemeanor convicts shall 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 into the county treasury to be used for county purposes; and no part of said funds shall be applied to the payment of insolvent costs accrued in other cases. Insolvent costs in city court of Bainbridge. SEC. 2. Be it further enacted, That section 44 of said Act shall be numbered 45. Page 161 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 7, 1906. CITY COURT OF BLAKELY ESTABLISHED. No. 608. An Act to establish the city court of Blakely in and for the county of Early, in the State of Georgia; to define its jurisdiction, powers, procedure and practice; to provide for the appointment of officers therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city court of Blakely be, and the same is, hereby created and established, to be organized, located and held in the county-site of said county, with jurisdiction, civil and criminal, over said county of Early, save where exclusive jurisdiction is vested in the superior court; provided, said court shall not have jurisdiction to correct errors in inferior courts by writ of certiorari nor to issue writs of mandamus, prohibition, quo warranto, or to foreclose mortgages on real estate; provided further, the civil jurisdiction of said court shall not extend outside the militia district of the county-site of said county where the principal sum claimed shall be fifty dollars or less; provided further, that said court shall have jurisdiction in trover suits over the entire county without reference to the amount of damages claimed. City court of Blakely. Jurisdiction. SEC. 2. Be it further enacted, That the present judge and solicitor of the city court of Early county shall be the judge and solicitor, respectively, of the city court of Blakely until such time as their present terms as judge and solicitor of the city court of Early county would expire. The successors to said judge and solicitor shall be elected by the qualified voters of Early county at the same time and under the same rules and regulations as members of the General Assembly are elected, and shall hold their offices four years and until their successors are elected and qualified. Vacancies in either of said offices shall be filled by appointment Page 162 of the Governor, the appointees to hold office until the next regular election. Judge and solicitor. SEC. 3. Be it further enacted, That no person shall be judge of said court who is less than twenty-seven years of age, who has not been a resident of Early county for at least one year prior to his appointment, and who has not been a practicing attorney at least five years preceding his appointment. The person appointed judge of said court shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I solemnly swear that I will faithfully and impartially administer justice without respect to persons, and do equal rights to the rich and poor, and so discharge and perform all of the duties which may be required of me as judge of the city court of Blakely, according to the best of my ability and understanding, agreeable to the Constitution and the laws of this State and the Constitution of the United States; so help me God. Said oath shall be forwarded to the Governor and filed in the executive department. The judge of said court shall receive as compensation a salary of $1,000 per year, payable monthly out of the treasury of Early county, by the treasurer of said county, the first monthly payment of salary to become due thirty days after the approval of this Act by the Governor, and payment shall be made in succeedings months on dates corresponding to that of the first payment. The judge of said court may practice law in all courts except the city court of Blakely. He shall have authority to issue criminal warrants, returnable before himself or other magistrate having jurisdiction in the premises, warrants to dispossess tenants holding over and intruders, distress warrants, to issue, hear and dispose of writs of habeas corpus, to foreclose mortgages on personalty, to bind over defendants to the superior court of said county whenever during the progress of a trial the evidence tends to show that the defendant is guilty of a felony, and generally to do all the acts which judges of the city court of this State are authorized to do, unless otherwise provided in this Act. Judge. SEC. 4. The solicitor of said court shall be at least twenty-one years of age, must be a resident of the county and a practicing attorney for three years preceding his appointment or election. In addition to his duties as prosecuting attorney in said court, he shall represent the State in all criminal cases carried to the superior court by certiorari, and from thence to the Supreme Court by bill of exceptions, and in cases carried direct to the Supreme Court by writ of error. Before entering upon the duties of his office he shall give bond and security, to be approved by the Page 163 judge of said court, in the sum of five hundred dollars, and take and subscribe an oath to faithfully and impartially perform the duties of his office. For his services in the city court the solicitor shall receive the fees prescribed by section 1102 of volume 3 of the Code of Georgia of 1895. The judge of said court shall have authority to appoint a solicitor pro tem. to act whenever the solicitor of said court is absent or disqualified. Solicitor. SEC. 5. Be it further enacted, That the clerk of the superior court of Early county shall be the clerk of the city court of Blakely, and he shall discharge all of the duties of said office. Clerk. SEC. 6. Be it further enacted, That the sheriff of Early county shall be ex-officio sheriff of the said city court of Blakely. 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 the judge of said court, 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 Early county, shall attach to the office of clerk and sheriff of the city court of Blakely, 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. 7. Be it further enacted, That the fees of the clerk of said court shall be as follows: In all criminal cases tried, or where a plea of guilty is filed, three dollars, which shall include his whole fees, exclusive of subp[oelig]nas. In all civil cases he shall be allowed, where suits are for $500.00, or less, for filing declaration and docketing case, fifty cents; for issuing writ and making copy, one dollar; each additional copy, fifty cents; each subp[oelig]na, fifteen cents; subp[oelig]na duces tecum, twenty-five cents; each commission to take testimony, fifty cents; recording judgment proceedings, fifty cents; each claim case, one dollar; issuing and docketing fi. fa., fifty cents; each lien foreclosure, one dollar; filing proceedings in possessory warrants, one dollar; docketing distress or other warrants not provided for, fifty cents; provided further, that where the amount sued for or involved is one hundred dollars, or less, the entire cost of the clerk shall not exceed two dollars; for amounts over five hundred dollars the clerk shall be entitled to the same costs as clerks of the superior courts. For attendance per diem upon said court the clerk shall Page 164 receive one-half the fees allowed for same service in the superior court, the same to be paid to him out of the county treasury. Fees of clerk. SEC. 8. Be it further enacted, That the sheriff of said court shall receive as cost in criminal cases the same fees as are allowed him for said service in the superior court. In civil cases where the amount claimed exceed one hundred dollars, the same fees as allowed the sheriff of the superior court; where the amount claimed or involved is less than one hundred dollars, the said sheriff shall receive for his services one-half the fees received for the same services in the superior court. The fees per diem of said sheriff for attendance upon said court in session and for summoning jury in said court shall be one-half of the fees allowed for similar service in the superior court, the same to be paid him out of the county treasury. Fees of sheriff. SEC. 9. Be it further enacted, That where a petition shall have been filed as much as twenty days and service perfected as much as fifteen days prior to any regular or quarterly term of the court, and the defendant shall fail, on or before the first day of such term, to file any answer or plea, or any other sufficient defence, the court shall grant judgment immediately without intervention of a jury in favor of the plaintiff; but in the discretion of the court such default judgment may be opened during the same term and the defendant allowed to plead. This shall not operate to relieve the plaintiff from the necessity of proving the amount of his claim in cases of unliquidated damages. Where a plea or answer is filed at the first term of the court, and a jury is demanded, the case shall be continued until the next regular quarterly term of the court unless by consent of both parties it be tried at the first term of the court. The court may at the first term hear and determine demurrers, and if all the defendant's pleas or answer be stricken, the court shall proceed to enter up judgment as in cases of default as above provided. Proceedings in civil cases. SEC. 10. Be it further enacted, That where a defendant in a criminal case has been arrested and has not given bail, the case may be tried at any monthly or special term, if no jury be demanded, or at any quarterly term if a jury be demanded, subject only to the ordinary law of continuances. Where a defendant in a criminal case has been arrested and has given bail, the case may be tried at any term with his consent, but he may, as a matter of right, by entering a demand for a jury, cause the case to be continued until the next quarterly term of the court which shall convene within not less than three months from the date on which the accusation is filed against him. Defendants in criminal cases Page 165 shall not have the right in any case to demand an indictment by the grand jury. Proceedings in criminal cases. SEC. 11. Be it further enacted, That the court shall hold twelve terms per year on the third Monday in each month. The terms convening on the third Monday in February, May, August and November shall be known as the quarterly terms. The jurisdiction of the court shall be the same at all terms, monthly and quarterly. The court may hold special terms called by the judge at any other time for the trial of criminal cases, under similar conditions as superior courts are convened in special session. Any term of the court may be adjourned from day to day, or from time to time in a similar manner as the superior courts of this State are adjourned. Contested civil cases in which issues of fact are involved, and criminal cases in which jury trial is not waived by the defendant, shall be triable only at a quarterly term of the court, except by consent of parties. Terms of court. 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 Blakely, or his deputies, or in cases of defendants living in counties of this State other than the said county of Early, to the sheriff or his deputies of the county of such non-resident defendants. Procedure. SEC. 13. Be it further enacted, That in 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, The judge of the city court of Blakely 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 by entering a demand therefor 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. If such demand shall be made at a monthly term of the court the case shall stand continued until the next quarterly term of the court unless the judge should, in his discretion, see fit to summon the jury which had been drawn for the last preceding quarterly term of the court. Trials. SEC. 15. Be it further enacted, That all judgments obtained Page 166 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 Blakely, 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 Blakely, 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 matter whatever in the superior courts of this State, shall apply to the city court of Blakely, so far as the nature of the city court shall admit. Attachments in said court shall be directed to the sheriff or his deputy of said city court of Blakely, 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 Blakely 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 Page 167 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 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 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. Judge, powers of. SEC. 21. Be it further enacted, That said city court of Blakely 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 judgments of the superior court 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, how enforced. SEC. 23. Be it further enacted, That the judge of the 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 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 Early 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 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 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 Page 168 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. Juries. 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; and he may also appoint special bailiffs in vacation to execute the processes of said court and warrants issued by said judge, whenever he may deem the same necessary. 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 prosecuting officer of said court, and have endorsed thereon the name of the prosecutor. Upon such affidavit and accusation being made and filed in the clerk's office of said court the defendant shall, upon arraignment, 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 shall not be allowed to demand indictment by the grand jury as a condition precedent to trial. Accusation, etc. SEC. 28. Be it further enacted, That the judge of the superior court may send down and transfer from the superior court of Early 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. Transfer of misdemeanors. SEC. 29. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public of Early 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. Appearance bonds. 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 the State. Writs of error. Page 169 SEC. 31. Be it further enacted, That all cases now pending in the present city court of Early county, civil or criminal, shall be, and are, transferred to the city court of Blakely, created under this Act, and the same shall be tried and disposed of as other cases in said city court of Blakely, 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 Early county, are hereby made returnable to the city court of Blakely, created under this Act. The judge and other officers of the city court of Blakely shall have power and authority to issue and enforce, in the name of said city court of Blakely, any and all processes in any case from the old city court of Early county, necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the old city court of Early county. All records, books and papers disposed of and on file in said city court of Early county shall be filed and deposited with the clerk of the city court of Blakely, created under this Act. Transfers from city court of Early county. SEC. 32. Be it further enacted, That the judge of the said city court of Blakely 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, 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 the said city court. New trials. SEC. 33. Be it further enacted, That all jurors in said city court of Blakely shall receive for their services for every day in actual attendance the same pay as is allowed jurors in the superior courts of Early county, in the same manner and under the same rules. Per diem of jurors. SEC. 34. Be it further enacted, That the solicitor of said court, for his services in the Supreme Court, shall receive the same fees as are allowed solicitors-general and 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 Page 170 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 Blakely in any and all cases, whether said judge of the city court of Blakely is disqualified or not. Judge, pro hac vice. SEC. 36. Be it further enacted, That the judge of said city court of Early county shall distribute the money arising from fines and forfeitures and the hire of convicts to the costs due officers in said court, including justices of the peace and constables, and to the jury fees as hereinbefore provided, the money arising from each conviction first to be applied to the costs in that case, and should there be any left the remainder to be prorated to insolvent costs, and the balance to be paid into the county treasury. The said judge, for the purposes aforesaid, shall be paid over all money arising from the hire of convicts convicted in said court. Should the county authorities desire to employ said convicts on the public works of the county, then an amount for each convict shall be paid to said judge equal in amount to the highest offer made for the hire of said convict lodged with said authorities in good faith; provided, the said amount so paid by the authorities shall in no event exceed $10.00 per month for each month said convict may be sentenced to the chain-gang. Fines and forfeitures. Hire of convicts. SEC. 37. Be it further enacted by the authority aforesaid, That the solicitor of said court shall have the power and authority to hire out to any legally constituted chain-gang under and subject to the laws governing the hiring out of misdemeanor convicts of this State, and the money arising from said fund shall be appropriated in the same manner and for the same purposes as other funds coming into said court from fines and forfeitures. Hire of convicts. SEC. 38. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 171 CITY COURT OF BRUNSWICK, ACT CREATING AMENDED. No. 534. An Act to amend an Act entitled An Act to establish the city court of Brunswick, in and for the county of Glynn, approved December 9, 1895; to repeal an Act amendatory thereof, approved December 6, 1900; to amend an Act amendatory thereof, approved August 12, 1903; to create the office of solicitor of said court; to dispose of the costs, fines and forfeitures arising 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 same, That all of section 2 of said above amendatory Act, approved August 12, 1903, be, and the same is, hereby repealed. City court of Brunswick, Act creating amended. SEC. 2. Be it further enacted by the authority aforesaid, That all of said amendatory Act, approved December 6, 1900, be, and the same is, hereby repealed. SEC. 3. Be it further enacted by the authority aforesaid, That all of section 6 of said above recited Act, approved December 9, 1895, be stricken and the following inserted in lieu thereof: Section 6. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said court, who shall be appointed by the judge thereof for a term of four (4) years. Said solicitor, after the 1st day of September, 1906, shall be paid a salary of fifteen hundred dollars ($1,500) per annum, which sum shall be paid monthly by the county treasurer, or other officer having charge of the county funds, on the certificate and order of the judge of said court, or upon order of the commissioners of roads and revenues of said county. Said salary shall be in full compensation for all services, of whatever kind or nature, rendered by said solicitor in said city court, and in lieu of such fees as are allowed him by law; provided, however, that for representing the State in each case carried to the Supreme Court of Georgia from said city court, said solicitor shall receive a fee of fifteen dollars ($15.00), to be paid out of the treasury of the State, in the same manner as the solicitor-general's fees for like services are paid. In the absence, inability or disqualification of said solicitor to act or perform the duties of the office, the judge of said court shall have authority to appoint a solicitor pro tem., who shall receive Page 172 for his services such sum as the judge may fix, not to exceed, however, fifteen dollars ($15.00) in each case represented by him, said amount to be paid in the same manner as the solicitor's salary is paid. The solicitor first appointed under the provisions of this Act shall hold office for and during a term of four (4) years from and next after the first day of January, nineteen hundred and nine (1909). Solicitor. Fees of in Supreme Court. Solicitor pro tem. SEC. 4. Be it further enacted by the authority aforesaid, That all of section 9 of said above recited Act, approved December 9, 1895, be stricken, and the following inserted in lieu thereof, to wit: Section 9. Be it further enacted by the authority aforesaid, That the clerk of said court shall be paid a salary of nine hundred dollars ($900.00) per annum, and the sheriff of said court shall be paid a salary of eight hundred dollars ($800.00) per annum; both of said salaries shall be paid monthly by the county treasurer, or other officer having charge of the county funds, on the certificate and order of the judge of said court, or upon order of the commissioners of roads and revenues of said county. Said salary shall be in full compensation for all services, of whatever kind or nature, rendered by said clerk and said sheriff upon the criminal side of said court, and in lieu of such fees as are allowed sheriffs and clerks in criminal cases; provided, however, that the fees of the clerk and the sheriff of said court, for such civil business as may come before the court, shall be the same as are now, or may hereafter be, allowed by law to the clerk of Glynn superior court, or to the sheriff of Glynn county. Clerk and sheriff. SEC. 5. Be it further enacted by authority aforesaid, That all of section 43 of said above recited Act, approved December 9, 1895, be stricken and the following inserted in lieu thereof, to wit: Section 43. Be it further enacted by the authority aforesaid, That at, or within ten days after, each regular term of said court, and at such other time as he may deem necessary, the judge of said court shall distribute the costs, fines and forfeitures arising from cases disposed of or pending before said court as follows: All costs, fines and forfeitures in cases pending or disposed of founded upon accusations shall be paid into the treasury of Glynn county, less the costs and fees due to justices of the peace and constables, which shall be paid over to said officers. The costs, fines and forfeitures in all cases founded upon indictment and transferred from the superior court to said city court shall be distributed as follows: After deducting the costs and fees due the officers of the superior court and the justices of the peace and constables at the time said indictment or indictments were so Page 173 transferred (which costs and fees shall be paid over to said officers), and, as well, the costs and fees accuring upon such indictment or indictments since being so transferred to said city court, one-half () of the amount thereafter remaining shall be paid over to the solicitor-general of the Brunswick judicial circuit, and the remaining one-half (), together with the costs and fees accuring upon such indictment, or indictments, after being so transferred, shall be paid into the treasury of Glynn county; provided, however, that where a conviction is had, or a plea of guilty entered, upon an accusation founded upon a warrant from a committal court, and the defendant selects to serve such sentence as may be placed upon him in lieu of paying a fine, the judge shall deduct an amount, equal to the costs due the officers of said committal court upon such warrant, from the sum hereinabove provided to be paid into the county treasury and pay the same over to the officers of said committal court. The monies so paid into the treasury, as above provided, shall be kept separate and distinct from the county funds arising from other sources, and shall be first applied to the payment of the salaries herein provided for; if at any time, however, the amount so paid into the treasury during any one year is more than sufficient to pay the salaries for that current year, then such residue and balance shall be paid over to the officers of said court on their insolvent cost bills to be prorated according to law; provided, however, that the commissioners of roads and revenues of said county are authorized to pay a fixed and agreed sum to all officers of said court, and to the solicitor-general and justices of the peace and constables, and any other officers having insolvent cost claims, which have accured in criminal cases disposed of or pending in said court in full settlement of all such claims. Fines and forfeitures. SEC. 6. Be it further enacted by the authority aforesaid, That the fees and costs heretofore allowed the solicitor, clerk and sheriff upon each criminal indictment or accusation disposed of by said court, shall be assessed as a part of the cost of such indictment or accusation, and, when paid into court by a defendant, shall be disposed of by the judge as provided in section 5 of this Act. Fees of officers SEC. 7. Be it further enacted by the authority aforesaid, That the county commissioners of said county shall have the right to direct that an amount not exceeding ten percentum of the total amount of the fines and forfeitures which are converted into the county treasury annually under the terms of this Act shall be applied to the employment of special bailiffs for such court; such Page 174 bailiffs to be appointed by the judge of said court, who shall fix the compensation of such bailiffs to be paid out of such fund. Bailiffs. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 20, 1906. CITY COURT OF BUFORD, ACT CREATING AMENDED. No. 388. An Act to amend an Act entitled An Act to establish the city court of Buford, Gwinnett county, Georgia, approved December 17, 1901; to define its jurisdiction and powers; to regulate proceedings therein, and for other purposes; to provide for the qualifications of the solicitor of said court by striking there-from the figures 25 in the first line of section seven of said Act, and substituting in lieu thereof the figures 21; and also by striking therefrom the words of at least three years' practice as an, and substituting in lieu thereof the words a practicing. 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 seven of the Act approved December 17, 1901, creating and establishing the city court of Buford be amended by striking therefrom the figures 25 in the first line of said section, and substituting in lieu thereof the figures 21; and also by striking therefrom the words of at least three years' practice as an, and substituting in lieu thereof the words a practicing; so that said section, when so amended, shall read as follows: City court of Buford. Section 7. Such solicitor must be at least twenty-one years of age, and a practicing attorney at law in this State, and a resident of Gwinnett county at the time of his appointment, and before entering upon the discharge of his duties he shall take and subscribe the following oath, to wit: `I do solemnly swear that I will support and maintain the Constitution of the United States and Constitution and laws of the State of Georgia, and that I will faithfully and impartially and without fear, favor or affection Page 175 discharge my duties as solicitor of the city court of Buford; so help me God,' which oath shall be filed in said court and recorded in its minutes. Solicitor. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. CITY COURT OF BUFORD ABOLISHED. No. 668. An Act to repeal an Act, and the amendments thereof, entitled An Act to establish the city court of Buford, Gwinnett county; to define its jurisdiction and powers; to regulate proceedings therein, and for other purposes, approved December 17, 1901, and to abolish said 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 Buford, created and organized under and by virtue of an Act entitled An Act to establish the city court of Buford, in Gwinnett county; to define its jurisdiction and powers; to regulate proceedings therein, and for other purposes, approved December 17, 1901, and all Acts amendatory thereof be, and the same is, hereby abolished, and said Act and amendments thereof are hereby repealed upon the passage of an Act provided for in the next section of this Act. City court of Buford abolished. SEC. 2. Be it further enacted, That the provisions of this Act shall not go into force and effect and become a law until the passage and approval by the Governor, An Act to establish the city court of Buford, in the city of Buford, in the county of Gwinnett; to define its jurisdiction and powers; to regulate proceedings therein; to provide for the election and qualifications of its officers, and for other purposes. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 176 CITY COURT OF BUFORD ESTABLISHED. No. 649. An act to establish the city court of Buford, in the city of Buford, in the county of Gwinnett; to define its jurisdiction and powers; to regulate proceedings therein; to provide for the election and qualification of its 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 from and after the passage of this Act the city court of Buford be, and the same is, hereby established, to be organized, located and held in the city of Buford, in Gwinnett county, Georgia, with jurisdiction, civil and criminal, in and over said city of Buford and all that portion of said Gwinnett county lying in the 550th district, G. M., of said county. City court of Buford established. SEC. 2. Be it further enacted, That said city court of Buford shall have jurisdiction in and over the territory aforesaid, to try and dispose of all civil cases of whatsoever nature, 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, or begun by petition and process, but also all other kinds of suits and proceedings of which the superior courts now or hereafter take cognizance under the common laws or by statute, including among others attachments and garnishment proceedings, illegalities, proceedings against intruders or against tenants holding over, partitions of personalty, trover suits, actions for the recovery of personal property, or for the conversion thereof, distress warrants and issues upon same, counteraffidavits to any proceedings from said court, foreclosure of liens and mortgages on personal property, statutory awards, claims to personal property, habeas corpus, possessory warrants and dispossessory warrants and proceedings upon same, and in general all kinds of suits and proceedings, except those over which exclusive jurisdiction is vested in the superior court by the Constitution of the State, as heretofore stated; provided, said city court shall not have jurisdiction in civil cases where the amount claimed or sued for is one hundred dollars or less. Jurisdiction. SEC. 3. There shall be a judge and solicitor of said city court Page 177 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 courts of this State, as well as those conferred by the provisions of this Act. He shall receive as his compensation a salary of $150.00 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 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 September, 1906; the second election held under this Act shall be on the first Saturday in December, 1910, and every four years thereafter, on the same date. The polls for said election under this Act shall be open from 8 a.m to 6 p.m., 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 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 council shall call an election to fill said vacancy and give twenty days' notice thereof by posting one or more notices calling attention to the time and place of said election. Judge and solicitor. SEC. 4. Be it further enacted, That such judge shall be a citizen over twenty-one years of age, and a practicing attorney, holding a license to practice law in Georgia, and a resident of Gwinnett county at the time of his election. 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 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, agreeable to the laws and Constitution of the State of Georgia and the Constitution of the United States; so help me God, which oath shall at once be filed in the Executive Department of the State. Judge. Page 178 SEC. 5. Be it further enacted, That there shall be a solicitor of said city court, as above stated, whose duty it shall be to represent the State in all cases therein, and all cases in the Supereme Court carried from said city court in which the State is a party, and generally to perform in said court the duties usually performed by the solicitor-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. The office of solicitor of said court shall be filled as hereinbefore provided. Solicitor. SEC. 6. Such solicitor must be at least twenty-one years of age and a practicing attorney-at-law in this State, and a resident of Gwinnett county at the time of his election, and before entering upon the discharge of his duties he shall take and subscribe the following oath, to wit: I do solemnly swear that I will support and maintain the Constitution of the United States and the Constitution and laws of the State of Georgia, and that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Buford; so help me God, which oath shall be filed in said court and recorded in its minutes. Solicitor. SEC. 7. 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 accusation, ten dollars ($10.00); for every indictment or special presentment finally disposed of in said court, five dollars ($5.00); for every case for a violation of the gambling laws of the State finally disposed of, twenty-five dollars ($25.00); and for all services for which this section does not provide, he shall receive the same fees as allowed by law to solicitors-general for similar services in the superior court. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, and the hire of convicts sentenced therein, as hereinafter provided. For representing the State in cases carried to the Supereme Court from said court, he shall receive for each fifteen dollars ($15.00), to be paid out of the treasury of the State by warrant drawn by the Governor, in the same manner as the solicitor-general of the superior court is paid for like services rendered in the Supreme Court. Fees of solicitor. SEC. 8. Be it further enacted, That there shall be a clerk and sheriff of said city court of Buford, who shall be elected by the qualified voters of the territory over which said court has jurisdiction at the first election under this Act held on the first Saturday Page 179 in September, 1906, and for each two 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. When any vacancy shall occur in the office of clerk or sheriff of the city court of Buford the judge of said court shall have authority to appoint some person to fill the vacancy for the unexpired term. Clerk and sheriff. SEC. 9. Be it further enacted, That 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 ($500.00), approved by the judge of the court, for the faithful performance of the duties of this office, as is done by clerks of the superior courts of this State. Clerk. SEC. 10. The clerk of said court shall issue subp[oelig]nas, issue and attach processes to petitions, issue executions on judgments and foreclosure 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 other powers required and conferred by law on the clerks of the superior courts of this State, so far as applicable. Duties of clerk. SEC. 11. The clerk of said court shall be entitled to the same fee for such services, whether in civil or criminal cases, or other matters, as are allowed by law for similar services to clerks of the superior courts of this State, and shall have the same right to collect the same and to have the same taxed as costs and have judgment and execution to issue therefor instanter. Fees of clerk. SEC. 12. Be it further enacted, That the sheriff of said city court, before entering upon the duties of his office, must take and subscribe an oath that he will faithfully perform the duties thereof, and at the same time must give bond and security in the sum of one thousand dollars, approved by the judge of the court, conditioned for the faithful discharge of the duties of his office, as is done by the sheriffs of the various counties of this State. Sheriff. SEC. 13. Said sheriff shall attend upon said court and serve its writs, processes, and the orders and other legal papers of said court, and the judge thereof, and shall serve summons of garnishments returnable to said court, and execute and levy attachments returnable thereto, and levy executions issued therefrom, summon juries, and shall make arrests and execute warrants, civil Page 180 and criminal, and generally perform all the other duties imposed by law upon the sheriffs of the various counties of this State, so far as the same may be applicable to this court, and for these purposes the sheriff of the said city court is hereby authorized and empowered to serve papers, execute writs, processes, etc., levy fi. fas., attachments, etc., make arrests and execute warrants and perform any of the acts and duties above required of him, not only in the territory over which said city court has jurisdiction, but in and over the entire territory of the said county of Gwinnett, in and over which he shall have power and authority and be entitled to full recognition as an officer, as aforesaid, when performing the duties and functions above mentioned. Duties of sheriff. SEC. 14. The compensation of said sheriff shall be made up entirely of fees, which they are hereby authorized to charge and collect and to have taxed as costs, and have judgment and execution to issue instanter therefor, the same being as follows, to wit: For serving copy of a process and returning original, per copy $1.00; for summoning each witness 30 cents; for attending court, for each judgment rendered by the court, whether with or without a jury, 50 cents; for each levy on fi. fa. or attachments or distress warrant, $1.00; for search and return of nulla bona, 50 cents; for serving each summons of garnishment of rule against garnishee, 50 cents; for summoning jury to try a case of nuisance, $2.50; for settling each execution in his hands settled without a sale, $1.00; for taking each bond in civil case, 50 cents; for taking bond in criminal cases, $1.00; for executing process against tenant holding over, or intruder upon land, to dispossess him, $1.75; for taking and returning counter-affidavit when process to dispossess tenant or intruder is resisted, $1.00; for keeping a horse or mule, per day, 25 cents; for serving, executing and returning a search or other warrant in criminal cases, $2.00; for executing a search warrant, $1.00; commissions on sales same as county 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 by law allowed to the sheriffs of the various counties of the State for similar services in the superior courts, and for services rendered when no compensation is provided by law they shall receive such compensation as the judge of the city court shall in his sound discretion allow, except that such sheriff shall not directly receive any per diem fee for attendance on courts and elections, or fee for service in summoning jurors. Fees of sheriff. SEC. 15. Be it further enacted, That the sheriff of said court, Page 181 by and with the consent of the judge, may, as occasion demands, 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 oath administered to constables of the State, and who shall have the same authority to serve writs and processes, summonses, orders, civil and criminal warrants, attachments and garnishments and other legal papers of said court and of the judge thereof over the territory of said court and entire county of Gwinnett as constables have in their several districts, and shall perform all the duties of a constable. The compensation of such constable may be such as the judge may fix, to be paid out of the fines and forfeitures of said court as he may direct. Deputy sheriffs. Bailiffs. SEC. 16. The sheriff of said court shall also be authorized and it shall be legal for said sheriff to serve process from the justice court of the 550th district, G. M. Process. SEC. 17. Be it further enacted, That all the officers, general and special, of said court shall be amenable to the same processes and penalties as are the officers of the superior courts of the State, and they shall be entitled to the same rights and authority, and also to the same remedies, to enforce the collection of their fees and costs in said city court as the officers of the superior courts, and the judge of said city court is empowered to exercise the same authority over the clerk and sheriff and their deputies and the officers of said court as is exercised by the judge of the superior courts over the clerk and other officers of said courts and the sheriffs of the various counties of the State. Liabilities of officers. SEC. 18. Be it further enacted, That said city court shall be a court of record and shall have a seal, and the minutes, records, dockets and other books that are required by law to be kept for the superior court shall be kept in and for said city court in the same manner, and the clerk of said court shall record all writs, processes, pleadings, orders, judgments and proceedings of said court, and shall be entitled to collect the same therefor as clerks of the superior courts. Court of record. SEC. 19. 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 Page 182 may direct; said terms to be held on the second Mondays in February, April, June, August, October and December of each year. The session 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 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. 20. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as herein provided, but the process of writs shall be annexed by the clerk of said 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. Procedure. SEC. 21. 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 his attorney in writing on or before the call of the appearance docket at the term of said court to which the case is returnable in all cases where such party is entitled to trial by jury under the Constitution and laws of this State. Trials. SEC. 22. Be it further enacted, That all judgments obtained in said court shall be a lien on all the property belonging to the defendant or defendants throughout the State in the same manner as judgments of the superior courts are, but property exempt from levy and sale under process from said court, and all executions issued from said court, shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his Page 183 deputies of said city court of Buford, and to all and singular of the sheriffs or their deputies of the State of Georgia. Judgments, lien of. SEC. 23. Be it further enacted, That the city court shall have jurisdiction of claim cases where personal property is levied on under execution or other process from said court, and such claim shall be tried in the same manner as claims in the superior court. Claim cases. SEC. 24. Be it further enacted, That claims on real property levied on under execution or other process from said court shall be returnable to the superior court of the county where such real property is situated, and there proceed as other claims in the superior court. Claims to realty. SEC. 25. Be it further enacted, That all laws upon the subject of attachment and garnishment, as to matter whatever in the superior courts of this State, shall apply to said city court as if named with superior court, so far as the nature of the city court will admit; attachments in said court, or returnable to said court, shall be directed to the sheriff, his deputies, of the city court of Buford, and to all and singular the sheriffs and constables of this State, and the judge of said city court may, or any justice of the peace or notary public may, issue attachments returnable to said city court under the same laws that govern the issuance of attachments returnable to the superior courts. Attachments and garnishments. SEC. 26. The garnishment proceedings in said court shall be conformable to the laws of the State on that subject in the superior courts; provided, the garnishee shall reside in the county of Gwinnett, or not elsewhere in the State, but when the garnishee shall reside in any other county, then he shall be summoned and served, and shall make his return and all other proceedings in the manner pointed out in the general laws 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. 27. 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 scire facias shall run throughout the State and may be served by any sheriff or his deputy thereof. Parties. SEC. 28. Be it further enacted, That the judge of the city court of Buford shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers and to make affidavits anywhere in Page 184 the State; and the judge, solicitor, clerk and sheriff and his deputy shall have power to administer all oaths and do all other official acts pertaining to their offices, respectively, as such officers of the superior court may in like cases do. Said judge shall also have power to issue writs of habeas corpus and hear and determine the same as judges of the superior 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 superior court of this State are authorized and required to do, unless otherwise provided in the Act; and the said judge of the city court of Buford shall have all power and authority, throughout his jurisdiction, of judges of the superior courts, except where by law exclusive power and authority is vested in the judges of the superior courts, and all the 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, except as herein provided; and for performing any of the acts and duties above enumerated said judge shall be entitled to charge and collect and have judgment and execution for the same fees as are allowed by law to the justices of the peace or other officers of the State performing similar acts or duties. Judge, powers of. SEC. 29. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits and illegalities, arbitrations, making parties, examination of parties or witnesses by interrogatories or under subp[oelig]na, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Proceedings. SEC. 30. 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 may be enforced by execution issued and signed by the clerk of said city court, and bear test in the name of the judge thereof, and shall be directed to the sheriff of said city court and his deputies of this State, and may be levied and sales made thereunder according to the laws governing sales under executions from the superior court; said sales to be had on the first Tuesday of each month, after giving ten days' notice thereof by posting three advertisements in three public places in the territory over which the court has jurisdiction, but in case the Page 185 sheriff of said city court shall levy on real estate he shall deliver over the execution to the sheriff of the county, with a return for the property levied on, who shall proceed to advertise and sell the same as in case of levies made by himself. And special sales of perishable property, or property liable to deteriorate, or expensive to keep, may be made by the sheriff of said city court under order of the judge thereof, which he is hereby authorized to make under proper showing under the usual rules and regulations governing such sales as provided in the Code of the State, except that the sales shall occur before the door of the building in which the city court is held, as above provided. All executions, attachments, scire facias, or other processes or writs from said court, shall run throughout the State, and may be served or executed by any sheriff or his deputy in the manner as like writs or processes from the superior courts. Judgments, how enforced. SEC. 31. Be it further enacted, That the judge of the city court shall have power to enforce his orders, to punish for contempt, to enforce his judgments, under the same rules and laws as judges of the superior courts. Contempt. SEC. 32. Be it further enacted, That all persons residing within the territorial jurisdiction of said city court, and liable to serve as grand or petit jurors in the superior court of said county, shall be liable to serve as petit jurors in said city court, and it shall be the duty of the clerk of said city court to copy into a book the list of all names of said persons, to be taken from the list of said superior court under the supervision of the judge of said city court, and to make a new list as often as said superior court jury-lists are revised to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said city court, as above directed, shall be alphabetically arranged and shall be kept in the office of the clerk of said city court. The said clerk shall also make out tickets equal in number to the number of names in said list and write upon each the name of one of the said persons and deposit the same in a box to be provided and numbered one until there shall be a ticket in said box bearing the name of each person on said list. Jurors SEC. 33. Be it further enacted, That whenever the judge shall find it necessary to summon a jury for any term of said court he shall, during the preceding term, in open court, draw from said box numbered one sixteen names of persons to serve as jurors at the next term of said city court, and he shall cause the clerk to record the names so drawn, then place them in another Page 186 box provided as above stated and numbered two. The boxes are to be so constructed as to be kept under one seal and lock, shall be kept sealed and shall not be opened by any person except the judge of said city court for the purpose of drawing juries in open court, except in cases where, from failure to draw a jury at term time or from any other cause, it may be necessary to draw a jury in vacation; and when jury box numbered one is exhausted the tickets and names in box number two shall be placed in box number one, and the same process shall be gone over again, etc., etc. Should it become necessary to draw a jury in vacation the judge of said city court may at any time fifteen days before the next term of said city court, proceed to draw juries in the same manner as above prescribed in the presence of the clerk and sheriff of the said city court. The clerk shall keep said jury-boxes, and the sheriff of said court shall keep the key. Juries. SEC. 34. The clerk shall make out a precept containing the names of the persons drawn as above directed, and a summons for each juror, and deliver the same to the sheriff or the said court fifteen days before the next term of said city court, who shall serve each of said persons by handing him a summons personally or leaving the same at his most notorious place of abode at least ten days before the term of said court at which he is required to attend. Jurors. SEC. 35. Be it further enacted, That sixteen jurors shall be drawn, summoned, sworn and empaneled, and if by reason of non-attendance or disqualification of any of said regular panel the same is not full, the judge of said city court shall direct the same to be filled by tales jurors, and the jurors thus empaneled and sworn in shall each receive as compensation the sum of one dollar for every day of actual attendance. In civil cases each side shall strike two from the panel of sixteen, and in criminal the defendant shall strike three and the State one from the said panel. But in all cases, unless one of the parties, on or before the appearance time, in writing, demand a jury of twelve, they each, in civil cases, shall have four strikes, and in criminal cases the State shall have three strikes and the defendant five, thus reducing the jury to eight. In all other respects the laws regulating the qualifications, relations, exemptions, empaneling, challenging and fining of jurors that may now or hereafter be of force in the superior courts in said county, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. When so desired by the parties litigant, when a jury is already Page 187 engaged and only eight left, the judge shall have authority, if he shall deem best, to have same filled to sixteen, and proceed with the business of the court. Juries. SEC. 36. Be it further enacted, That defendants in criminal cases of said city court of Buford may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor, and said accusation shall be signed by the prosecutor and the prosecuting officer of said court. And the defendant in any criminal cases shall not be entitled to indictment or presentment by the grand jury, but may be tried on written accusation as aforesaid. Upon such affidavit an accusation being made and signed and filed in the office of the clerk of said court, it shall be the duty of the judge thereof to issue a warrant for their apprehension and the arrest of the accused, directed to the sheriff of the city court of Buford and his deputies, and to all and singular the sheriffs and constables of this State. Accusation. SEC. 37. 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 accusation or indictment and signed by the prosecuting officer of the court. If the defendant demands a trial by jury and the court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond, shall commit him to jail to await his trial at the regular term. If the defendant waives trial by a jury, then the judge of said court shall proceed to hear and determine such criminal case without a jury; provided, always, that reasonable time may be granted the State or defendant to procure witnesses. If at any time in the trial of any criminal case it develops the offense being tried is a felony, the judge shall suspend the trial and bind the defendant over to the superior court, and in such event the defendant shall have no right to plead former jeopardy. Trials in criminal cases. SEC. 38. Be it further enacted, That it shall be the duty of all justices of the peace and notaries public in Gwinnett county to bind over to said city court all persons charged with the offenses committed within the territorial limits of said city court, over which said city court has jurisdiction to answer to said offenses. Appearance bonds SEC. 39. Be it further enacted, That whenever the judge of said city court is, from any cause, disqualified from presiding, upon the consent of the parties, or upon their failure or refusal Page 188 to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court, and in case of absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it at such time as the judge may, in writing, direct, or if no direction be given, the court shall be adjourned to the next regular term. SEC. 40. Be it further enacted, That all petitions shall be filed in the clerk's office of said city court at least twenty days before the term of the court to which they are returnable, and if filed within twenty days they shall be made returnable to the next term thereafter. The services of process shall be at least fifteen days before the return term. All suits, when the principal sum claimed exceeds one hundred dollars, shall stand for trial at the second term, as in the superior court, the first term being the appearance or return term; but the first term shall be the trial term in all suits where the principal sum claimed is one hundred dollars, or less. All laws and rules that are now, or may hereafter be, of force in the superior courts of the State in regard to appearance and pleading, calling the appearance docket, defaults and opening of defaults, service motions, waivers, acknowledgments, pleadings, trials, examinations, conduct of cases, instruction to juries, rules of evidence, answers, demurrers, amendments, pleas, procedure and practice, legal, the production of books, papers, etc., and other evidence shall obtain in said city court, except as otherwise provided in this Act. Procedure. SEC. 41. Where said city court shall have jurisdiction of suits against one or more obligors, joint promisors, joint trespassers, joint tort-feasors, or copartners, or against the maker or makers of a promissory note, or other like instrument, and the other joint obligors, joint promisors, joint trespassers, joint tort-feasors or copartners, or other indorsers of promissory notes, shall reside outside of the territorial limits of said city court and within the county of Gwinnett, or any other county or counties of this State, suit may be brought in the city court of Buford, by the same action, against all the said joint obligors, joint promisors, joint trespassers, joint tort-feasors, or copartners, and against the makers and endorser, or endorsers, of promissory notes, and in such cases where the other defendant or defendants reside in the said county of Gwinnett, outside the territorial limits of the 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 in said Page 189 limits, and where the other defendant or defendants reside in another county or counties of the State, then a second original or originals and copies thereof shall be made and forwarded to the sheriff of such other county or counties, respectivley, to be served and returned with proper entries, etc., as is done in like cases in the superior courts of this State. Joint promisors, etc. SEC. 42. The judge and sheriff of said city court are hereby authorized to use the jail of the city of Buford, or the common jail of the county of Gwinnett, either or both, as they may see proper, for the purpose of said court, either for the detention of the accused before the trial or for the imprisonment after the trial and conviction, and expenses thus incurred shall be paid as such expenses are now paid in the county of Gwinnett. County jail. SEC. 43. Be it further enacted, That the judge of said city court of Buford shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the superior court. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior court shall apply to and govern the same in said city court. Upon the new trial of the case either party in a civil cause, or the defendant in a criminal cause, shall have the right to demand a jury trial without regard to whether or not the preceding trial, or trials, was with or without a jury. New trials SEC. 44. Be it further enacted, That a writ of error shall lie direct from the city court of Buford to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issuing of writs of error and filing of bills of exceptions in the superior courts of this State. * * See 114 Ga. 793. Writs of error. SEC. 45. Be it further enacted, That the judge of said city court shall have power and authority to take affidavits and acknowledgments and administer oaths anywhere in the State, just as justices of the peace and notaries public in their proper jurisdiction. Judge may take affidavits, etc. SEC. 46. Be it further enacted, That errors committed by said city court, or by the judge thereof, in judgments and rulings, or otherwise, in the trial of cases, or on other matters in said court, or before said judge, may be corrected by writ of certiorari returnable to the superior court of Gwinnett county, such certiorari to be issued and heard and determined like other certiorari from Page 190 the county courts of said State as prescribed by the Penal Code of 1895, as now, or as may hereafter be, prescribed by law. This method of correcting the errors of said court and the judge thereof shall be only cumulative, and shall not abridge or interfere with the right of parties to a writ of error direct from the said city court to the Supreme Court of the State, as now given to them by law should they prefer the same. Certiorari. SEC. 47. Be it further enacted, That the mayor and council of the city of Buford shall have power and authority to hire 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. 48. 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 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 and costs, fines and forfeitures. SEC. 49. 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. SEC. 50. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the city court of Buford, as established under an Act approved December 17, 1901, shall be, and are, hereby transferred to said city court of Buford, as established by this Act, and shall be placed upon the proper dockets of the same, and shall be tried and disposed of as other cases in said city court. All final or other process now in the hands of the sheriff or his deputies, or other proper officer, which are made returnable to city court established under said Act approved December 17, 1901, shall be returnable to the city court established under this Act, as well as any other process in any case which, for any cause, remains undisposed of. All records, books and papers disposed of and on file in the city court established under the Act approved December 17, 1901, as well as all fi. fas. not satisfied now in the hands of the sheriff or proper officers, shall be filed and deposited, and be levied and enforced, Page 191 with the clerk and by the sheriff, or other officers of the said city court established under this Act. Cases pending in former city court. SEC. 51. Be it further enacted, That the judge, solicitor and all the other officers of the said city court of Buford shall continue to hold and discharge the duties of their respective offices until their successors are elected and qualified. Terms of officers. SEC. 52. 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 20, 1906. CITY COURT OF CAIRO ESTABLISHED. No. 409. An Act to establish the city court of Cairo, in and for the county of Grady; to define its jurisdiction and powers; to provide for the election of a judge and solicitor thereof, also other officers thereof; to provide for their compensation, 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 same, That the city court of Cairo is hereby established and created with civil and criminal jurisdiction over the whole county of Grady; this Act to go into effect on the first day of April, 1907. City court of Cairo. SEC. 2. Be it further enacted, That said city court of Cairo shall have jurisdiction to try and dispose of all civil cases of whatsoever nature, but in all suits brought in said court in sums of one hundred dollars, or less, the plaintiff shall only receive justice court costs, except in those cases over which exclusive jurisdiction is vested in the superior court by the Constitution and laws of the State of Georgia; always provided, that said city court of Cairo shall not have power to correct errors in inferior jurisdiction by writ of certiorari; and said city court shall not have power to issue writs of mandamus or prohibition or quo warranto or to foreclose mortgages on real estate. Civil jurisdiction. SEC. 3. Be it further enacted, That said city court of Cairo shall have jurisdiction to try and dispose of all criminal cases when the offender is not subjected to loss of life or confinement in the penitentiary, committed in the county of Grady. Criminal jurisdiction. SEC. 4. Be it further enacted, That there shall be a judge of the said city court of Cairo, who shall be elected by the qualified Page 192 voters of the county of Grady at the next general election for county and State-house officers, to be held in said county on first Wednesday in October, 1906, whose term of office shall begin on the first day of April, 1907, and shall be for the term of 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; as the terms of office of the judge of the said city court of Cairo expires, his successor shall be elected at the general election for State and county officers to be held on first Wednesday in October, 1910, and every four years thereafter, on same day. Said judge so elected shall go into office on first day of April thereafter succeeding the year of his election. 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 day of April next succeeding a general election for county officers, at which general election the judge of said city court shall be elected for the unexpired term, if any. Judge. SEC. 5. Be it further enacted, That the judge of said city court of Cairo shall receive a salary of one thousand dollars per year, 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 Grady by the person or persons charged by law with paying out of the moneys of Grady county. Salary of judge. SEC. 6. Be it further enacted, That the judge of said city court must be at least twenty-seven years old, must have been a resident of Grady county, or of that part of Thomas and Decatur counties from which the county of Grady was organized, at least two years immediately preceding his election, and a practicing attorney five years previous to his election, and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Cairo, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States; so help me God, and said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. Said judge shall be permitted to practice law in all courts except his own. He shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants and generally to do all acts which Page 193 the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Qualification of judge. SEC. 7. Be it further enacted, That there shall be a solicitor of said city court, who shall be elected by the qualified voters of Grady 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. His successor in office shall be elected on first Wednesday in October, 1910, and every four years thereafter on same day, to wit, first Wednesday in October, and shall go into office on first day of April next succeeding his election. All vacancies in the solicitor's office shall be filled as vacancies in the office of the judge of said court. The qualifications of said solicitor shall be that he has been a practicing attorney at least one year immediately preceding his election. shall be of good moral character, and twenty-one years old, and must have been a resident of Grady county one year before his election. Solicitor. SEC. 8. Be it further enacted, That the solicitor of the city court of Cairo 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 allowed by law to solicitors-general in the superior courts for drawing bill of indictment. Fees of solicitor. SEC. 9. Be it further enacted, That the clerk of the superior court of Grady county shall be the clerk of the city court of Cairo, and he shall discharge all the duties of said office. Clerk. SEC. 10. Be it further enacted, That the sheriff of Grady county shall be ex-officio sheriff of said city court of Cairo. Said sheriff shall be required to file an oath for the faithful performance of his duties as sheriff of said court, 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 fifteen hundred 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 Grady county, shall attach to the office of clerk and sheriff of the city court of Cairo, respectively, and the judge of the city court is empowered to exercise the same authority over the clerk and sheriff as is exercised by the judge of the superior courts over the clerks and sheriffs of the superior courts of this State. Sheriff. Duties of clerk and sheriff. Page 194 SEC. 11. Be it further enacted, That the 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 six dollars only for summoning each jury for said court. Fees of clerk and sheriff. SEC. 12. Be it further enacted, That the judge of the city court of Cairo shall have 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. 13. Be it further enacted, That the terms of the city court of Cairo shall be held quarterly, beginning on third Monday in April, 1907, and quarterly thereafter on the third Monday in July, October, January and April. 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 the power to call special terms of said court at any time for the disposal of criminal business by an order for said purpose entered upon the minutes of said court; and said judge is hereby empowered to draw a special jury to serve at special terms; provided, said court shall be open at any time for criminal business when jury trial is waived. Terms of court. SEC. 14. 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 Cairo, or his deputies, or in case of defendants living in counties other than the said county of Grady, to the sheriff or his deputies of the county of such nonresident defendants. Procedure. SEC. 15. 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. 16. Be it further enacted, That the judge of the city court of Cairo 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 Page 195 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. Trials. SEC. 17. Be it further enacted, That all judgments obtained in the 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 court 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 Cairo, and to all and singular the sheriffs and deputies of this State. Judgments, lien of. SEC. 18. Be it further enacted, That claims to real property levied on under execution or other process from the city court of Cairo 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. 19. 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 the city court of Cairo, so far as the nature of the city court shall admit. Attachments in said city court shall be directed to the sheriff or his deputy of said city court of Cairo, 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 Cairo under the same laws that govern the issuance of attachments returnable to the superior courts of this State. Attachments and garnishments. SEC. 20. 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. Proceedings. SEC. 21. 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 Page 196 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. Judge, powers of. SEC. 22. Be it further enacted, That said city court of Cairo shall be a court of record, and shall have a seal, and the minutes, recoreds, 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 courts, except where they conflict with the provisions of this Act. Court of record. SEC. 23. Be it further enacted, That all laws regulating the enforcement of indictments, and other orders 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. And 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 this State. Judgments, how enforced. SEC. 24. Be it further enacted, That the clerk of said city 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 Grady 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 twenty-four jurors from said box, who shall serve as jurors in said city court at its next regular term; that from said panel of twenty-four 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 six peremptory challenges each, and in all Page 197 criminal cases the State shall be entitled to five and the defendant shall be entitled to seven peremptory challenges. 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. Juries. 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, or stands mute, the judge shall proceed to try and determine said case; if the defendant shall answer no, then the court shall proceed to try said case by a jury at the then present term, if a regular term; if not a regular term, 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 shall not be allowed to demand indictment by the grand jury as a condition precedent to trial. Accusation and trial of criminal cases. SEC. 28. Be it further enacted, That the judge of the superior court may send down and transfer from the superior court of Grady 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. Transfer of misdemeanors. SEC. 29. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public of Grady 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. Appearance bonds. SEC. 30. Be it further enacted, That a writ of erro 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. Writ of error. SEC. 31. Be it further enacted by the authority aforesaid, That in all criminal cases within the jurisdiction of the said city court Page 198 of Cairo the defendant shall not have the right to demand an indictment by the grand jury of the county of Grady. Indictments. SEC. 32. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance or return term; and it shall also be the trial and judgment term in such causes in which no answer has been filed prior to or on the first day of said term. The second term of said court shall be trial or judgment term in all causes in which an answer is filed prior to or on the first day in the said first term. The appearance docket shall be in order to be called on the first day of the first term of each regular term of said court. In all causes in which no answer is filed as hereinbefore provided, the judge, on such call of the appearance docket, shall mark the same in default. All cases so marked shall thereby be then ripe for trial and judgment. After the rendition of final judgment in a cause so marked in default, all right of opening such default shall terminate. Appearance and trial terms. SEC. 33. Be it further enacted, That all rules of the superior court relating to continuances, motions, pleas and practice shall be applicable to said city court, and shall obtain therein, except where they are in conflict with the provisions of this Act. Practice. SEC. 34. Be it further enacted, That the judge of the said city court of Cairo 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 shall apply to and govern the same in said city court. New trials. SEC. 35. Be it further enacted, That all jurors in said city court of Cairo shall receive for their services, for every day in actual attendance, the same pay as allowed jurors in the superior courts of Grady county, in the same manner and under the same rules. Per diem of jurors. SEC. 36. 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, on 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. 37. 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 Page 199 of the superior court, or of any other city court in this State, may at the request of the judge of said court, preside in said city court of Cairo in any and all cases, whether said judge of the city court of Cairo is disqualified or not. Judge pro hac vice. SEC. 38. Be it further enacted, That all cases pending in the present county court of Grady county, civil or criminal, on the first day of April, 1907, shall be, and are, hereby transferred to the city court of Cairo, created under this Act, and the same shall be tried and disposed of as other cases in said city court of Cairo, and all final and other processes, in the hands of the sheriff, bailiff, or other officer, at that time, and which are returnable to the county court of Grady, shall be, and are, hereby made returnable to the city court of Cairo, created under this Act. The judge and other officers of the city court of Cairo shall have power and authority to issue and enforce, in the name of the said city court of Cairo, any and all processes in any case from the county court of Grady county 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 Grady county. All records, books and papers disposed of and on file in the said county court of Grady county shall be filed and deposited with the clerk of the city court of Cairo, created under this Act. Transfers from county court. SEC. 39. Be it further enacted, That the judge of said city court of Cairo 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, except as otherwise provided in this Act. Fines and forfeitures. SEC. 40. Be it further enacted, That where there has been a conviction in said city court, and the offender is unable to pay the fine on account of the conditions imposed in the sentence of said court, or is unable to pay the fine imposed by said court, then such convict shall be turned over to the county commissioners of Grady county, who shall hire said convict out or work him upon the public works of said county, and when so hired out or worked upon the public works of said county as aforesaid, they, the commissioners, shall at the next regular meeting of said commissioners pay to the solicitor of said city court the sum of twenty dollars for each convict so hired out or worked upon the public works, which shall be in lieu of all costs in said case, and the said sum shall be divided among the officers of said court, to wit, solicitor, clerk, sheriff, justice of the peace and bailiffs, pro rata. Hire of convicts. Page 200 SEC. 41. Be it further enacted, That all moneys arising from the fines and forfeitures, above what it takes to pay the expenses of the officers of said city court, shall be turned into the county treasury, and paid out as other county funds. Fines and forfeitures. SEC. 42. Be it further enacted, That all sessions of said city court shall be held in the court-house where the superior court is held, or some other suitable place, as shall be designated by the county commissioners of Grady county, in the city of Cairo. Court-house. 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. Approved August 8, 1906. CITY COURT OF CALHOUN ESTABLISHED. No. 617. An Act to create a city court in and for the county of Calhoun; to define its powers, jurisdiction, procedure and practice; to provide for a judge, solicitor and other officers of said court; to provide compensation for said officers, and for other purposes; said city court to be located and held at Morgan, Ga., the county-site of Calhoun county. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the city court of Calhoun county be, and the same is, hereby created and established in the city of Morgan, in the county of Calhoun; said city court to have civil and criminal, and quasi civil and quasi criminal jurisdiction over the entire county of Calhoun. City court of Calhoun county. SEC. 2. Be it further enacted, That said city court of Calhoun county 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 Calhoun. Jurisdiction in criminal cases. SEC. 3. Be it further enacted, That said city court shall have jurisdiction to try and dispose of all civil cases of whatever nature of which the superior court of Calhoun 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 dollar, or less, only justice court costs shall be charged; and, provided further, that said city court shall not have civil Page 201 jurisdiction outside of the militia district of said county in which said city court is situated, where the principal sum claimed shall be fifty dollars, or less, and in all suits brought in said city court for sums of one hundred dollars, or less, judgment may be had at the first term; said city court shall, however, have jurisdiction over the entire county, without reference to the amount of damage claimed, in trover suits. Said city court shall not have power to issue writs of mandamus, prohibition, quo warranto, or foreclosure mortages on real estate. Jurisdiction in civil cases. SEC. 4. Be it further enacted, That the judge of said city court, and the solicitor thereof, shall be appointed by the Governor of the State, and said appointments confirmed by the Senate as other appointments of like character are made. The terms of office of the said judge and solicitor shall be for four years, and shall date from September 15, 1906. Vacancies in the offices of the judge and solicitor of said court shall be filled by appointment by the Governor for the residue of the unexpired term, and confirmed by the Senate. Said judge shall receive a salary of seventy-five dollars per month, and shall be paid quarterly out of the treasury of Calhoun county by the treasurer of said county. Judge and solicitor. SEC. 5. Be it further enacted, That any person who shall be appointed judge of said court must be at the time of his appointment at least twenty-five years old, and must have been a resident of said county for at least twelve months next preceding the time of his appointment, and he must also be a practicing attorney for at least three years before his appointment, and he shall, before entering upon the duties as judge, take and subscribe the following oath: 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 Calhoun county according to the best of my ability and understanding, agreeable to the Constitution and laws of this State and of the United States; so help me God. Said oath shall immediately be thereafter forwarded to the Governor and filed in the executive department. Said judge shall not, while in office, practice law in said city court. He shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, and distress warrants, and generally do all acts which the judges of the city Page 202 courts of this State are authorized to do, unless otherwise provided in this Act. Judge. SEC. 6. Be it further enacted, That the solicitor of said city court shall be at least twenty-five years old, must have been a resident of said county for at least six months next preceding his appointment, and must be a practicing attorney for at least one year at the time of his appointment. Before entering upon the duties of his office, the solicitor 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 Georgia, and that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Calhoun county; so help me God, which oath shall be filed in said court and recorded on its minutes. Solicitor. SEC. 7. Be it further enacted, That the solicitor of said court 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 accusations 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. 8. Be it further enacted, That the clerk of the superior court of Calhoun county shall be the clerk of the city court of said county, and he shall discharge all the duties of said office. The clerk, before entering upon the duties of his office, shall take and subscribe an oath to faithfully and impartially discharge the duties of his office, 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, to be approved by the judge of the city court of Calhoun county for the faithful discharge of the duties of his office, as is done by the clerks of the superior courts of this State. Clerk. SEC. 9. Be it further enacted, That the sheriff of Calhoun county shall be ex-officio sheriff of the city court of Calhoun county. 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 performance of the duties of his office. All the duties attaching to the office of the clerk of the superior court and to the office of the sheriff of Calhoun county Page 203 shall attach to the offices of the clerk and sheriff of the said city court of Calhoun county, 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 clerk and sheriffs of the superior courts of this State. Sheriff. Duties of clerk and sheriff. SEC. 10. Be it further enacted, That the said clerk and sheriff shall receive the same fees for similar services as are now allowed or may be hereafter allowed by law, to said officers in the superior courts, except that in similar 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 they shall receive a per diem of three dollars each, and the sheriff shall receive a fee of five dollars only for summoning each jury. Fees of clerk and sheriff. SEC. 11. Be it further enacted, That the judge of the said court 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. 12. Be it further enacted, That the terms of the city court of Calhoun county shall be held as follows: The first term of said court shall be held on the third Monday in October, 1906, and thereafter quarterly, beginning on the third Monday in October, 1906, and thereafter on the third Mondays in January, April, July and October. The judge of said city court shall have power to hold said court in session from day to day for a period of not longer than one week from the beginning of each term, and 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 terms; provided, said court shall be open at any time for criminal business when jury trial is waived. Terms of court. SEC. 13. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of procedure in the superior courts, except as hereinafter 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 Calhoun county, or his deputies, or in cases of defendants living in the counties of this Page 204 State other than the county of Calhoun, to the sheriff or his deputies of the county of such non-resident defendant. Procedure. SEC. 14. Be it further enacted, That in all matters pertaining to service, pleadings and practice, the law governing the superior court not in conflict with this Act shall apply to said city court. Practice. SEC. 15. Be it further enacted, That the judge of the city court of Calhoun county 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 a 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. Trials. SEC. 16. 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 deputies of the said city court, and to all and singular the sheriffs and deputies of this State. Judgments, lien of. SEC. 17. 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 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. SEC. 18. Be it further enacted, That claims to real property levied on under executions or other process from the city court of Calhoun county 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. 19. Be it further enacted, That all laws upon the subject of attachments and garnishments, and second originals as to any matter whatever in the superior courts of this State, shall apply to the city court of Calhoun county, so far as the nature of the city court shall admit. Attachments in said city court shall be directed to the sheriff or his deputies of said city court, 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 Calhoun county, under Page 205 the same laws that govern the issuance of attachments returnable to the superior courts of this State. Attachments and garnishments. SEC. 20. 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 witness by interrogatories; or under subp[oelig]nas, 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. Rules of practice. SEC. 21. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the 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 anywhere in this State, which, by existing laws, such papers may be attested and oaths administered by judges of the superior courts. And the said judge shall have the same power and authority throughout his jurisdiction as 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. Judge, powers of SEC. 22. Be it further enacted, That said city court shall be a court of record and shall have a seal, and the minutes, records orders, books and files that are required by law and rules to be kept for the superior court shall be kept in and for the said city court 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. 23. 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 be issued and levied and sales had thereunder under the same rules and laws regulating the same in the superior court. Judgements, how enforced. SEC. 24. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all of his judgments Page 206 as is vested by law in the judges of the superior courts of this State. Contempt. SEC. 25. 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 Calhoun 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 names 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. 26. 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. Juries. SEC. 27. 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. 28. 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 answers 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 term, or special term, in all cases allowing bail to the defendant to be fixed by the said judge. The defendant shall not be allowed to demand indictment by the grand jury as a condition precedent to trial. Accusations and trial of criminal cases. SEC. 29. Be it further enacted, That the judge of the superior Page 207 court may send down and transfer from the superior court of Calhoun 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. Transfers of misdemeanors. SEC. 30. Be it further enacted, That it shall be the duty of all justices of the peace and notaries public of Calhoun 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. Appearance bonds. SEC. 31. 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. 32. Be it further enacted, That all cases of a civil nature now or hereafter pending in the superior court of Calhoun county may be by order of the judge of said superior court transferred, by consent of the parties or their attorneys, to the city court of Calhoun county for trial and disposition, said order to be entered upon the minutes of both said courts; provided, that only such cases may be transferred, as mentioned, as the said city court has jurisdiction of under this Act. Transfer of civil cases. SEC. 33. Be it further enacted, That the judge of said city court shall have power to grant new trials in any case, civil or criminal, in 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. 34. Be it further enacted, That all jurors in said city court shall receive for their services for every day in actual attendance the same pay as is allowed jurors in the superior court of Calhoun county, in the same manner and under the same rules. Per diem of jurors. SEC. 35. 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 upon 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. 36. Be it further enacted, That when the judge of the Page 208 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 of this State may preside in said city court of Calhoun county in any and all cases, whether the said judge of the city court of Calhoun county is disqualified or not. Judge pro hac vice. SEC. 37. Be it further enacted, That the judge of said city court of Calhoun county shall distribute among the officers of said city court the fines, forfeitures, money arising from convict hire, and other funds arising in said court, under the general law governing the same in the superior courts; after all costs of criminal cases tried in said court that are due to the justice of the peace, constable, sheriff, clerk, solicitor or others in the prosecution of the case in which such convict was sentenced shall have been paid, the residue of all fines, forfeitures, convict hire, etc., shall be paid into the county treasury. Fines and forfeitures. SEC. 38. Be it further enacted, That in the absence of the solicitor of said city court the presiding judge shall have authority to appoint any competent practicing attorney of the county of Calhoun as solicitor pro tem. to act in his stead. Solicitor pro tem. SEC. 39. Be it further enacted, That this Act shall not become operative until September 15, 1906. 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. Approved August 21, 1906. Page 209 CITY COURT OF CAMILLA, ACT CREATING AMENDED. No. 631. An Act to amend an Act entitled 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, approved August 17, 1905, and for other purposes. SECTION 1. Be it enacted, That the Act of the General Assembly of Georgia, approved August 17, 1905, entitled An Act to establish the city court of Camilla, in the city of Camilla, in and for the county of Mitchell, and 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, be, and the same is, hereby amended as follows: City court of Camilla SEC. 2. Be it further enacted, That section 4 of said Act be amended by inserting therein, immediately after the words the judge of the city court of Camilla and the solicitor thereof, occurring in the first and second lines of said section, the words for the first short term and the first full term hereinafter mentioned; and by striking out from said section 4 (four) the words All vacancies in the offices 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, and, if said Senate be not in session at the time of said appointment, then subject to the approval of the Senate at the next session thereof; and inserting in lieu thereof the following: At the regular general election for county officers, to be held in Mitchell county on the first Wednesday in October, 1908, and at the corresponding elections quadrennially thereafter, there shall be elected by the voters of Mitchell county, qualified to vote in said election, a judge of said court and a solicitor thereof for a term of four years, beginning at the expiration of the terms of such officers in office at the time of such elections, respectively. In case of a vacancy in the office of the judge or solicitor the same shall be filled by appointment by the Governor, with the advice and consent of the Senate, as above Page 210 mentioned in the first instance, for the unexpired term; provided, that if any vacancy shall occur in either of such offices more than thirty days prior to any general election for county officers, the Governor's appointee to fill such vacancy shall hold office only until the qualification of his successor to be elected by the voters of Mitchell county at said general election next occurring, as in the first instance, and the successor elected at such general election shall hold office for the remainder of the unexpired term; and, in case of such vacancy occurring more than thirty days before such general election for county officers, the ordinary of Mitchell county shall publish a notice, in his official gazette, once a week for each of the three weeks immediately preceding such general election for county officers, notifying the voters of said county that they should, at such general election for county officers next succeeding, vote for a successor to fill such unexpired term. So that said section, when amended, shall read as follows: Sec. 4. Be it further enacted, That the judge of the city court of Camilla, and the solicitor thereof, for the first short term and the first full term, hereinafter mentioned, shall be appointed by the Governor, by and with the advice and consent of the Senate. The term of office of 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, 1906, and also for the four-year term beginning on February 1, 1906. At the regular general election for county officers to be held in Mitchell county on the first Wednesday in October, 1908, and at the corresponding elections quadrennially thereafter, there shall be elected by the voters of Mitchell county, qualified to vote in said election, a judge of said court and a solicitor thereof for a term of four years, beginning at the expiration of the terms of such officers in office at the time of such election, respectively. In case of a vacancy in the office of the judge or solicitor the same shall be filled by appointment by the Governor, with the advice and consent of the Senate, as above mentioned in the first instnace, for the unexpired term; provided, that if any vacancy shall occur in either of such offices more than thirty days prior to any general election for county officers, the Governor's appointee to fill such vacancy shall hold office only until the qualification of his successor to be elected by the voters of Mitchell county at said general election next occurring, as in the first instance, and the Page 211 successor elected at such general election shall hold office for the remainder of the unexpired term; and in case of such vacancy occurring more than thirty days before such general election for county officers, the ordinary of Mitchell county shall publish a notice, in his official gazette, once a week for each of the three weeks immediately preceding such general election for county officers, notifying the voters of said county that they should at such general election for county officers next succeeding vote for a successor to fill such unexpired term. 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 tresurer of said county. Judge and solicitor. SEC. 3. Be it further enacted, That section 5 of said Act be amended by inserting immediately after the word appointed, wherever it occurs therein, the words or elected; and immediately after the word appointment, wherever it occurs therein, the words or election; so that said section, when so amended, shall read as follows: Sec. 5. Be it further enacted, That any person who shall be appointed or elected judge of said city court of Camilla must, at the time of his appointment or election, be at least twenty-seven (27) years old, and he must have been a resident of the county of Mitchell at least two years immediately preceding his appointment or election; he must also have been a practicing attorney at least five years before his appointment or election, and he shall, before entering upon the discharge of his duties as judge, take and subscribe the following: `I do 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 aoth 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 of judge. SEC. 4. Be it further enacted, That section 27 of said Act Page 212 be stricken from the same and, in lieu thereof, the following section inserted: Sec. 27. Be it further enacted, That defendants in criminal cases in said court shall be tried on written accusation, setting forth plainly the offense charged, and founded on affidavit made by the prosecutor, said accusation being drawn and signed by the prosecuting officer of said court. Upon said accusation being filed in the clerk's office of said court the defendant shall be asked by the judge whether he waives trial by jury. If he answers `yes,' the judge shall proceed to try and determine the case. If the defendant shall answer `no,' or stand mute, he shall then be put upon trial before jury of said court, if such jury be present, and if not, said judge shall commit him for trial at the earliest time when such jury may be in attendance on said court; in all cases allowing bail to the defendant, to be fixed by the judge, and allowing such postponements and continuances as the rules of the superior courts require. The defendant shall not be allowed to demand indictment by the grand jury as a condition precedent to trial, except that, in the discretion of the presiding judge, such demand may be allowed, or such judge may, upon his own motion, commit the defendant for his appearance before the grand jury, and transmit all papers in the case to the grand jury for action thereon, as in case of a demand for indictment in the county courts of this State. Accusations and trials in criminal cases. Approved August 21, 1906. CITY COURT OF CORDELE, ESTABLISHED. No. 465. An Act to establish the city court of Cordele, in and for the county of Crisp, 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 therein, writs of error therefrom, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Cordele is hereby established in the city of Cordele, Crisp county, Georgia, and created with civil and criminal jurisdiction over the whole county of Crisp. City court of Cordele Page 213 SEC. 2. Be it further enacted, That said city court of Cordele shall have jurisdiction to try and dispose of all civil cases of whatever nature wherein the amount claimed, inclusive of interest, or the value of the property sued for, is as much as fifty dollars, except those of which the Constitution of the State has given to the superior court exclusive jurisdiction, and shall also have jurisdiction over cases when the amount involved or value of the property claimed is less than fifty dollars, when the subject-matter of the suit is not within the jurisdiction of the justice court, and with criminal jurisdiction to try and dispose of all offenses against the penal laws of this State, below the grade of felony, committed within the county of Crisp, or on the county lines thereof; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits, actions or proceedings which are now, or hereafter may be, in use in the superior courts of this State, either under the common law or statute, except in those cases over which exclusive jurisdiction is vested in the superior court, by the Constitution of the State of Georgia. Jurisdiction. SEC. 3. Be it further enacted, That there shall be a judge of said city court of Cordele, 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 of said court shall be filled by appointment of the Governor for the residue of the unexpired term, such appointments being subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of the city court of Cordele shall receive a salary of two thousand dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Crisp, by the person or persons charged by the law with the paying out of the money of Crisp county, and shall be paid from the fund of said county from which the expenses of court are paid. Judge. SEC. 4. Be it further enacted, That any person who shall be appointed judge of said city court must, at the time of appointment, be at least twenty-five years of age; he must also have been a resident of Crisp county, or have resided on lands now embraced in Crisp county, at least three years immediately preceding his appointment, and he must also have been a regular practicing attorney at law at least three years before his appointment, Page 214 and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the 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 Cordele, of this State, according to the best of my ability and understanding agreeable to the laws and Constitution of the State and the Constitution of the United States; so help me God. And said oath shall immediately thereafter be filed with the Governor and remain with the executive department. He shall not be allowed to practice law in any of the courts of this State. He shall have authority to issue criminal warrants, warrants to dispossess intruders and tenants holding over, 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. Judge. SEC. 5. Be it further enacted, That there shall be a solicitor-general of said city court of Cordele, 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 until his successor is appointed and qualified, and all vacancies shall be filled in like manner for the unexpired term. He shall prosecute all offenses cognizable before the court, and shall represent the State in each case carried to the Supreme Court from said city court. The fees of the solicitor-general in said court shall be the same as the fees of the solicitor-general for services in like cases in the superior court, except that in all cases of prosecutions for the violation of any laws prohibiting or regulating the sale of whiskey, wines, beers or other intoxicating drinks, he shall receive the same fees as are allowed and provided in cases of larceny from the house or gaming; for representing the State in each case carried to the Supreme Court from the said city court, his fees shall be the same as the fees of the solicitor-general for like services; for all services for which this section does not provide, he shall receive the same fees as are allowed solicitors-general by law for similar services in the superior court. In the absence or disqualification of the solicitor-general, the judge of said city court shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor-general of this court. Solicitor. SEC. 6. Be it further enacted, That the solicitor-general 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. Page 215 SEC. 7. Be it further enacted, That the sheriff of Crisp county shall be ex-officio sheriff of said city court of Cordele, and in his official connection with said city court shall be known as the sheriff of the city court of Cordele. 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 office of sheriff of the superior court of Crisp county shall attach to the office of sheriff of the city court of Cordele, and the official bond given by him as sheriff of Crisp county shall be held liable for the faithful performance of his duties as sheriff of said city court. He shall have the same authority to appoint a deputy or deputies as is provided in the superior courts of Georgia for the appointment of deputy sheriffs; and he shall be liable on his official bond for their acts as such deputies. He shall receive a per diem of three dollars per day for each day's actual attendance upon said court when it is in actual session, and when his deputy or deputies are required to be in attendance upon said court, they shall receive the regular pay of bailiffs in the superior court. Sheriff. SEC. 8. Be it further enacted, That the clerk of the superior court of Crisp county shall be ex-officio clerk of the city court of Cordele, and in his official connection with said court, shall be known as the clerk of the city court of Cordele. He shall have the power to appoint a deputy or deputies, who, when so appointed, may perform all the duties herein prescribed for said clerk. All duties and liabilities attached to the office of clerk of the superior court of Crisp county are hereby attached to the office of clerk of the city court of Cordele. He shall not be required to give a bond in addition to that given as clerk of the superior court, but the bond given as such clerk of the superior court shall be held liable for the faithful performance of his duties as clerk, and of his deputies, of said city court, and the judge of said city court of Cordele is empowered with the same authority over said clerk and said sheriff and their deputies, as is exercised by the judge of the superior courts of this State over the clerks of the superior courts and the sheriffs of the counties of Georgia. Clerk. SEC. 9. Be it further enacted, That the judge of said city court is in his discretion authorized, at any time, to appoint some fit and proper person as a regular bailiff of said city court, who shall hold said office during the pleasure of the judge of said court, and who shall have power to execute all criminal warrants, the same as the regularly elected or appointed constables of this State; and who shall also have authority to execute all writs, processes and summonses issued out of said city court, anywhere in the jurisdiction thereof. When property is levied on by said Page 216 bailiff, the same shall be turned over to the sheriff of said city court for advertisement and sale. His fees shall be the same as that now allowed by law to the said constables of this State, and be paid in like manner as those of the sheriff of said city court. Bailiff. SEC. 10. Be it further enacted, That all ministerial duties hereby given to either the judge or the clerk of the said city court of Cordele, the issue of all mesne or final processes, summonses, foreclosures of liens or mortgages, attachments or garnishments or other like papers, may be done either by the judge in his own name or by the clerk or his deputy, the same bearing test in the name of the judge of said city court; provided, however, that nothing herein contained shall authorize said clerk or his deputy to issue any criminal warrant, writ of habeas corpus, quo warranto or perform any other duty of a judicial nature. Ministerial acts. SEC. 11. Be it further enacted, That the clerk and sheriff of said city court shall receive in all civil business transacted in said court, in which the sum claimed or value of property involved does not exceed the sum of five hundred dollars, the same fees as are now allowed or that may be hereafter allowed by law, for similar services in the county courts of this State; and in all cases when there is no specified fee provided in the county court, then and in those cases they shall receive such fees as are allowed for similar services in the superior court; and in all cases above the jurisdiction of a county court they shall receive such fees as are allowed to the clerks and sheriffs of the superior court for similar services. 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 in civil cases. SEC. 12. Be it further enacted, That the fees of the clerk and the sheriff of said court in criminal cases shall be the same as are now, or that may hereafter be, allowed by law to the clerk of the superior court, and the sheriff of the county of Crisp; except that in cases tried upon accusation the clerk shall receive but three dollars. Said clerk and sheriff shall receive the same fees for issuing and serving subp[oelig]nas as are paid to them in the superior courts of this State, and where no compensation is provided by law, for the clerk, sheriff, or bailiff of said court, then their fees and compensation shall be such as the judge of said city court, in his sound discretion, shall allow. For his services in attending each day's session of said court, the clerk shall receive the sum of two dollars, the same to be paid as he is now paid for similar service in the superior court. Fees of clerk and sheriff in criminal cases. Page 217 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 them in the same way, and with the same power, as judges of the superior court. Habeas corpus. SEC. 14. Be it further enacted, That the regular terms of said city court shall be held bi-monthly, beginning on the second Mondays in December, February, April, June, August and October [Illegible Text] every year, but may be changed at any time, in the discretion of the court, by an order entered on the minutes of said court providing for such change after the publication thereof, once a week for four weeks in the official gazette of said county. The judge of said court shall have power to hold the same in session from day to day, or to adjourn the same over to such other time as in his discretion the exigencies of the business require, for the trial of civil or criminal business or both. The judge shall have also power to hold special sessions as the exigencies of the business may require, for the trial of criminal business, and for this purpose may require the attendance of the jurors, who have been drawn for the succeeding term; or he may hold special session thereof, without a jury, for the trial of criminal business, first giving the solicitor-general and the defendant reasonable time to prepare for trial. Terms of court. SEC. 15. Be it further enacted, That whenever the judge of said city court is from any cause disqualified in any case pending therein, any judge of the superior court, or any judge of any constitutional city court in this State, may preside therein, and in case no qualified judge is present to preside in such case, then, upon consent of parties, or upon their failure or refusal to agree, said case shall be tried by a judge pro hac vice, selected in the same manner as is provided in the superior court. Judge, pro hac vice. SEC. 16. Be it further enacted, That in said city court the same rules of procedure, practice, pleading and service shall obtain as are now of force, or that may hereafter be provided in the superior courts of this State, except where the same conflict with this Act, or is otherwise herein provided. The process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Cordele, but in all cases within the jurisdiction of a justice's court or a county court, may be served by the bailiff provided for in section 9 of this Act, and in all cases may be served by the deputy sheriffs of said city court. Procedure. SEC. 17. Be it further enacted, That at each term of said city court actually held, it shall be the duty of the presiding judge to Page 218 call the appearance docket, at which time, in all cases founded upon unconditional contracts in writing, where there has been legal service on the defendant, and no issuable defense is filed thereto in writing, or if filed, is adjudged to be insufficient in law, either in form or substance, and is stricken, then judgment shall be entered by the court at such appearance term without the intervention of a jury. In all cases where suit is brought for a liquidated demand or on account, which is positively verified under oath, by the plaintiff, his, her or its duly authorized agent or officer, and there has been personal service of such declaration together with such verification, and no defense is filed thereto under oath, or if such defense as is filed is stricken or adjudged to be insufficient in law, either in form or substance, it shall be the duty of the court at such term to give judgment thereon without the intervention of a jury. All exceptions to declarations and pleas, motions to dismiss, and dilatory pleas shall be passed upon at such appearance term of the court, unless the same shall be by consent of the parties and the court continued until the trial term, and when all such preliminary questions and dilatory pleas and motions are disposed of, if the case is otherwise ripe for trial, and there is no issue of fact left among the pleadings, then in like manner the court shall give judgment at such appearance term without the intervention of a jury. All other cases shall be governed as to the trial term thereof by the rules of procedure and practice prevailing in the superior courts of this State at the time of trial. In all cases than those specifically referred to in this section of this Act, jury trial may be had therein under the following rules: 1st. If the plaintiff shall, at the time of filing his suit, so demand. 2d. If the defendant at the time of filing his plea shall so demand. 3d. If either party at the call of the appearance docket shall so demand. 4th. The presiding judge shall have the right to submit any case involving any issue of fact to a jury. When a jury is demanded by either party, the same shall not be withdrawn without the consent of the adverse party. All criminal cases shall be tried by a jury, unless the defendant by himself, or his counsel, in open court, waives a jury trial, which waiver shall be in writing and entered on the accusation or indictment. Procedure at appearance and trial terms. SEC. 18. 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 from said city court shall be tested in the name of the judge thereof, signed by the clerk, or his deputy, and directed to Page 219 the sheriff, or his deputies, of the city court of Cordele, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Judgments, lien of. SEC. 19. Be it further enacted, That said city court shall have jurisdiction of all claim cases when personal property is levied on under executions or other processes issued from said court, and such claims shall be tried in the same manner as claims in the superior court, except that the execution, attachment or other process and the levy, together with the claim affidavit shall form the issue to be tried and there shall be no requirement to join issue as now provided by law in the superior court. Claims. SEC. 20. Be it further enacted, That claims to realty levied on under executions or other processes from said city court, shall be returnable to the superior court of the county where such property is situated, and shall then proceed as other claims in the superior court. Claims to realty. SEC. 21. Be it further enacted, That all laws upon the subject of attachment and garnishment as to any matter whatever in the superior courts of this State, except as herein provided, shall apply to said city court, so far as the nature of said city court will admit. Attachments in said city court, or returnable to said city court, shall be directed to the sheriff, or his deputies of the city court of Cordele, 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, 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. 22. Be it further enacted, That garnishment proceedings in said city court shall be conformable to the laws of the State on the subject of garnishment in the superior court, except as herein provided. When any garnishment proceedings commenced under sections 4715 or 4716 and 4717 of the Code of Georgia of 1895, volume 2, based upon suits pending in said city court, or judgment obtained in said city court, the person served with summons of garnishment residing in a different county from the county of Crisp 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. 23. Be it further enacted, That scire facias to make parties in any case in said city court shall be had as in the superior court, but such scire facias shall run throughout the State and may be served by any sheriff, or his deputy, in any county thereof. Parties. SEC. 24. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken, and to be Page 220 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; he shall have power to appoint from time to time a regular commissioner to take testimony under the same rules and regulations as provided in the superior courts of this State, and the judge and all other officers of said city court shall have power to administer oaths pertaining to their offices, as the judge and other officers of the superior courts may do in like cases, 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 judges of the superior courts or justices of the peace in this State; and the judge of said city court shall have all the power and authority throughout his jurisdiction of judges of the superior courts, except where by law exclusive jurisdiction, power and authority are vested in the judges of the superior courts, and all laws relating to or governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Judge, powers of. SEC. 25. Be it further enacted, That said city court of Cordele 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. 26. 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 executions shall issue, and be levied, and sales be had thereunder under the same rules and laws relating to the same in the superior court, and the judge of said city court shall have power and authority to order sales of perishable personal property, and property likely to deteriorate in value from keeping, or there is expense attending the keeping of the same, in all cases where the same has been levied on under process issuing from said court, and is not replevied, under the same rules and regulations as are now provided by law, or otherwise, in his discretion, under special order of the court. Judgments, how enforced. SEC. 27. Be it further enacted, That all persons liable to serve as grand or petit jurors in the superior court of said county shall be liable to serve as petit jurors in said city court, and it shall be the duty of the clerk of said city court to copy into a book the list of all names of persons liable to serve as grand or petit jurors Page 221 in the said superior court, and to make a new list as often as said superior court jury lists are revised, to conform to such 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 ticket the name of one of such persons, and deposit the same in a box, to be provided by the ordinary of said county 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 each session of said court actually held, if the business of the court in the opinion of the presiding judge requires it, he shall, in open court, draw from said box numbered one twenty-four names of persons to serve as jurors at the next term of said court to be actually held, and shall cause the clerk to record the names of jurors 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 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 of said court; but this shall not apply to any other term of said court. These boxes shall be so constructed as to be kept under one lock and seal, and shall be kept locked and sealed and shall not be opened by any one except the judge of said city court, or the judge of the superior court when presiding in his place, or such other judge of a city court as may be lawfully presiding in said city court, for the purpose of drawing juries in open court, except, in cases where, from failure to draw a jury at term time or from any other cause it may be necessary to draw a jury in vacation. Should it be so necessary to draw a jury in vacation, the judge of said city court, or the judge of the superior court, may at any time ten days before the next term of said court, proceed to draw juries in the same manner as above described. The clerk shall keep said jury boxes and the sheriff of said city court shall keep the key. Juries. SEC. 29. Be it further enacted, That the clerk shall make out a precept containing the names of the persons so drawn as above directed, and a summons for each juror, and deliver the same to the sheriff of said city court ten days before the next term of said 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 five days before the next term of said city court at which he is required to attend. Jurors. Page 222 SEC. 30. Be it further enacted, That twenty-four jurors shall be drawn, summoned and empaneled, and if by reason of non-attendance, disqualification, legal excuse or discharge by the court of any of said regular panel the same is not full, the presiding judge shall direct the same to be filled by tales jurors in the same manner as done in the superior court. In all civil cases each side shall have six strikes from the panel of twenty-four, and in criminal cases the defendant shall have seven and the State five from said panel; provided, however, that at any time, when, in the opinion of the presiding judge it will expedite the public business, he may cause tales jurors to be summoned or caught up so that there will be in attendance upon the court as many as thirty-six jurors, from which panels of twenty-four shall be made up in each case to be tried; and provided, further, that in any case, where juries are out, or for any other cause there are not as many as twenty-four jurors in open court, so that a full panel of twenty-four can be made up for the trial of any case, then by consent of both parties to any civil case, or of the defendant and the solicitor-general in any criminal case, a panel of any number less than twenty-four may be made up for the trial of such case as such consent is made in; in all cases where such consent is entered into, each side shall have an equal number of strikes in civil cases, and in criminal cases the strikes shall be likewise agreed upon; and provided further, that by like agreement a trial jury of any number not less than five may be made up from the jurors present not engaged in the trial of other business, to try such case, civil or criminal. But in all cases, if either party desires it, a full panel shall be furnished by the court from which to select a full jury of twelve. The sheriff of said city court shall be [Illegible Text] to a fee of three dollars for summoning the jury for each term of the court, the same to be paid in the same manner as the sheriff of the superior court is paid for similar services. Juries. SEC. 31. Be it further enacted, That defendants in criminal cases in said city court of Cordele shall be tried on written accusation, setting forth plainly the offense charged, founded upon affidavit of the prosecutor, and signed by the solicitor-general of said city court, in all cases within the jurisdiction of said city court, except in cases where indictments have been transferred from the superior court, and there shall be no right to demand an indictment by the grand jury of Crisp county. All proceedings as to accusations shall conform to the rules governing like cases in the superior court, except that there shall be no jury trials unless the same shall be demanded by the accused at the proper Page 223 time according to law and the rules of the court. In all cases, the accusation shall set forth the offense charged with the same particularity, both as to matters of form and substance, as is required by the laws and rules of criminal pleading to be observed after the manner of indictments 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 judges of the superior court upon indictment being filed; all laws with reference to indictments in the superior court being hereby made applicable to accusations in said city court. Accusation. SEC. 32. Be it further enacted, That the judge presiding at each term of the superior court of Crisp county shall send down from said superior court all presentments and bills of indictment for misdemeanors that are untried in said superior court, for trial. Such order of transfer to be granted either at term time or in vacation and to be entered on the minutes of both said courts. Transfors from superior court. SEC. 33. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public who are ex-officio justices of the peace of Crisp county, and all mayors and recorders of incorporated towns and cities in said county to bind over to said city court all persons, for offenses committed within the limits of Crisp county, over which said court has jurisdiction, to answer for said offenses. Appearance bonds. SEC. 34. Be it further enacted, That before the arraignment of the defendant, either on indictment, presentment or accusation, the judge of said city court shall inquire of him or his counsel whether he demands a trial by jury, and the response of the defendant shall be entered on said accusation, indictment or presentment, and signed by the prosecuting officer of the court. If the defendant demands a trial by jury, the same shall be granted him or her, and if the court is not sitting at a regular term, so that a trial by jury can be had then, 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 or her to jail until the next regular term of the court, unless there be sooner an adjourned term at which a jury can be empaneled. If the defendant waives trial by jury, then the judge shall proceed to try him, hearing and determining such criminal case conformably to the law governing the superior court, as the same may be applicable, unless the judge should of his own motion refer the same to a jury for trial. If upon the trial of any criminal case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend trial and commit or bail over the defendant to the next term of the superior court as in preliminary Page 224 examinations; provided, always, that reasonable time shall be granted to the State and the defendant to procure witnesses. Trials of criminal cases. SEC. 35. Be it further enacted, That in all cases in said court the same powers and the same rights of parties as to waiver in pleading or procedure, or other matters pertaining to the same, shall be allowed and upheld as in the superior courts of this State. Practice. SEC. 36. Be it further enacted, That the judge of said city court shall have power to grant or refuse a new trial in any case, civil or criminal, in his court upon the same terms and conditions, in every respect, governing the grant or refusal of new trials in the superior court. All rules of practice, pleading and procedure governing motions, amendments thereto, rule nisi, briefs of evidence and the charge of the court, if any, and all other proceedings in new trials in the superior courts, shall apply to and govern in said city court. New trials. SEC. 37. Be it further enacted, That a writ of error shall lie from said city court to the Supreme Court of this State upon a bill of exceptions filed, under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. SEC. 38. Be it further enacted, That all cases, civil and criminal, pending and undisposed of in the county court of Crisp county, at the time this Act goes into effect and the city court of Cordele is organized and ready for the transaction of business, including all civil cases filed in said county court, whether the parties have been served or not, shall be, and are, hereby transferred to the city court of Cordele, created and to be organized by this Act, and the same, including claims and illegalities hereafter filed, shall be placed upon the proper docket in said city court, created and to be organized by this Act. All fi. fas. and all final and other processes now in the hands of the sheriff, bailiff and other officers, or that may hereafter come into their hands, which are made returnable to the county court of Crisp county, shall be by them returned to the city court of Cordele, created and to be organized under this Act, when the same is organized and ready for the transaction of business. The judge and other officers of said city court, created and to be organized by this Act, shall have power and authority to issue and enforce in the name of the city court of Cordele any and all processes in any case from the county court of Crisp county. All records, books and papers disposed of and of file in the county court of Crisp county shall be filed and deposited with the clerk of the city court of Cordele. Transfers from county court of Crisp county. SEC. 39. Be it further enacted, That all cases pending in the superior court of Crisp county at the time this Act goes into Page 225 effect and the city court of Cordele is actually organized and ready for the transaction of business, that were originally brought or returned to the city court of Vienna, Dooly county, Georgia, and that were transferred to the superior court of Crisp county by virtue of the Act of the General Assembly providing for the organization of new counties, approved August 21, 1905, shall be, and are, hereby transferred to the city court of Cordele, and the same shall be therein tried and finally disposed of in the same manner as pointed out in the last preceding section relating to the transfer of cases pending in the county court of Crisp county. Transfers from superior court. SEC. 40. Be it further enacted, That all jurors in said city court of Cordele shall each receive the same pay for their actual attendance and service in said court, and the same shall be paid in the same manner as in the superior court of Crisp county. Per diem of jurors. SEC. 41. Be it further enacted, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more reside in the county of Crisp, may be brought in said city court, if 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 the suits. Joint promisors, etc SEC. 42. Be it further enacted, That all rules of the superior court relating to continuances, motions, pleas and practice, except as herein otherwise specified, shall be applicable to said city court, and shall obtain therein; provided, that the judge of said city court shall have power to adopt and enforce rules limiting argument in cases of justice court or county court jurisdiction. Practice. SEC. 43. Be it further enacted, That at the close of each term of the court, and from time to time during vacation as occasion may require, the judge of said city court shall distribute the fines and forfeitures arising from the cases tried in said city court as follows: All bills due the solicitor-general of said city court, the sheriff and the clerk thereof, justices of the peace and notaries public who are ex-officio justices of the peace, constables and bailiff, 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 and other costs, and when the judge distributes such fines and forfeitures, he shall pay the same to the solicitor-general of said city court, the sheriff and the clerk thereof, the justices of the peace and notaries aforesaid, constables and bailiff, taking their receipt therefor, in a well bound book to be kept therefor, the same to be provided by the ordinary of said county at public expense, and when all of the Page 226 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 of said city court, and it shall be distributed as required by law. The solicitor-general and clerk of the superior court and sheriff of the superior court shall share pro rata in the fines and forfeitures arising from cases transferred from the superior court before any surplus is paid to the county treasurer. When a justice of the peace or notary public, who is ex-officio justice of the peace, has bound over any such offender whose case is transferred, such officer, as well as the constables, shall share on the same terms with the sheriff, clerk and solicitor-general of the superior court, in any fund, fine or 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 monies arising from fines and forfeitures in cases tranferred from the superior court. Fines and forfeitures SEC. 44. Be it further enacted, That the same laws and rules governing hire of misdemeanor convicts that now, or may hereafter, obtain and govern in the superior court of Crisp county shall obtain and govern as to convicts from the city court of Cordele, unless herein otherwise directed. Money arising from the hire of convicts from said city court, after payment of the fees and costs of the officers of court entitled thereto, shall be disposed of in the same way as that arising from the fines and forfeitures in said city court. Hire of convicts. SEC. 45. Be it further enacted, That in the event that the convicts from said city court shall hereafter be taken charge of by the ordinary or other county authorities of Crisp county, and by them put to work on the roads of said county, or other public works of any kind, it shall be their duty, and they are hereby directed to pay over to the clerk of said city court the full amount of costs and fees due the officers of court in each case, and also the amounts due the justices of the peace, notaries public, who are ex-officio justices of the peace, constables and bailiffs that they may be entitled to in each case. Costs and fees of officers, how paid. SEC. 46. Be it further enacted, That there shall be an official stenographer of said city court of Cordele, appointed by the judge thereof, to hold office during the pleasure of the court, and all civil cases in said court shall be reported at the request of the parties, or upon order of the court; the fees for reporting and transcribing the testimony in each case shall be such an amount per hundred words as may be contracted by the judge and said official stenographer, such contract to be entered on the minutes Page 227 of the court, and in no event to be more than the amount now allowed by law for similar services in the superior court, to be paid by the plaintiff and the defendant equally and in final disposition 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, together with the charge of the court, when so directed by the court. His fees in thus reporting criminal cases are to be such an amount per hundred words as may be contracted by the judge and said official stenographer, such contract to be entered on the minutes of the court, and in no event to be more than ten dollars per day for such service, the same to be paid out of the county treasury, as now paid in the superior court in felony cases, and in case any defendant, on a motion for a new trial or bill of exceptions, may desire a transcript of the evidence and charge of the court in any criminal case so reported, then it shall be the duty of said official stenographer to furnish the same upon payment or tender of the contract fee therefor as aforesaid, the same in no event to be more than the amount allowed in the superior court in civil cases for transcribing the evidence and charge of the court. It shall be the duty of the official stenographer to attend each session of said city court, or to furnish a competent deputy to perform his duties and services. Stenographer. SEC. 47. Be it further enacted, That said city court shall be held at the court-house of Crisp county, in the city of Cordele, or at such place as the regular terms of the superior court of Crisp county are held, or such other place as the ordinary or other county authorities of Crisp county shall designate from time to time, and the ordinary or other county authorities shall provide the necessary books and files for keeping the dockets, minutes and records and papers belonging to or of said court. Court-house. SEC. 48. Be it further enacted, That this Act shall go into effect, but no Act pertaining thereto shall be done before, November 1, 1906. SEC. 49. 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 17, 1906. Page 228 CITY COURT OF DUBLIN, ACT CREATING AMENDED. No. 688. An Act to amend an Act entitled An Act to establish the city court of Dublin; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, to define their powers and duties; to abolish the city court of Laurens county, and for other purposes, approved December 6, 1900. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the Act approved December 6, 1900, Acts 1900, page 117, be, and the same is, hereby amended by striking all of section 23 of said Act, and inserting in lieu thereof the following: City court of Dublin. Sec. 23. Be it further enacted, That the clerk of said court shall for all suits brought to the quarterly terms of said court be entitled to the same fees as clerks of the superior courts in the superior 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 additional defendant; for each subp[oelig]na, fifteen cents; for each commission to take interrogatories, fifty cents; for each criminal case tried on accusation in said court and for each criminal case transferred from the superior court, the same fees as are allowed clerks of the superior court in the superior court for the docketing, filing and trial of criminal cases; for each day's attendance on the quarterly term, two dollars; for all other service, the same fees as clerks of the superior courts in superior courts. The sheriff of said city court shall be entitled to the same fees as sheriffs of the county, except in cases brought to the monthly terms he shall be entitled to only one dollar for serving the defendant, and if more than one defendant, one dollar for each of them, and same fees allowed constables for selling property under executions from the monthly terms, and the same fees allowed the sheriff of the county for attendance upon the quarterly terms. Fees of clerk and sheriff. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 229 CITY COURT OF EARLY COUNTY ABOLISHED. No. 607. An Act to repeal An Act to create a city court for the county of Early; to provide for the appointment of a judge and solicitor and other officers therefor; to define its powers, jurisdiction, procedure and practice, and for other purposes, approved December 19, 1900; to abolish the city court of Early county, 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, That an Act entitled An Act to create a city court for the county of Early; to provide for the appointment of a judge and solicitor and other officers therefor; to define its powers, jurisdiction, procedure and practice, and for other purposes, be, and the same is, hereby repealed, and the city court created by said Act for the county of Early is hereby abolished. City court of Early county abolished. SEC. 2. Be it further enacted, That all cases now pending in the present city court of Early county, civil and criminal, shall be, and are, hereby transferred to the city court of Blakely, and the same shall be tried and disposed of as other cases in said city court of Blakely, 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 Early county, are hereby made returnable to the city court of Blakely. The judge and other officers of the city court of Blakely shall have power and authority to issue and enforce, in the name of said city court of Blakely, any and all processes in any case from the old city court of Early county, necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the old city court of Early county. All records, books and papers disposed of and on file in said city court of Early county shall be filed and deposited with the clerk of the city court of Blakely created under this Act. Transfers to city court of Blakely. SEC. 3. Be it further enacted, That this Act shall not go into effect until after the approval by the Governor of an Act entitled An Act to establish the city court of Blakely in and for the county of Early, in the State of Georgia; to define its jurisdiction, powers, procedure and practice; to provide for the appointment of officers therefor, and for other purposes. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. Page 230 CITY COURT OF EASTMAN, ACT CREATING AMENDED. No. 424. An Act to amend an Act approved August 23, 1905, entitled 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 Georgia, That said Act creating the city court of Eastman, approved August 23, 1905, be, and the same is, hereby amended as follows, by adding after the word State in the eleventh line of section six the following: provided, that if the county authorities of the county of Dodge shall work any of the convicts convicted in said city court the said authorities shall first pay the cost of the solicitor and other officers of said court arising in the trial of each case, so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, That there shall be a solicitor of 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 for 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 are now provided for solicitors-general of the superior courts of this State; provided, that if the county authorities of the county of Dodge shall work any of the convicts convicted in said city court the said authorities shall first pay the cost of the solicitor and other officers of said court arising in the trial of each case. Said solicitor before entering upon the duties of his office shall give bond, with good security, in the sum of five hundred dollars, conditioned for the faithful discharge of the duties of his office, and shall in addition to the oath required of all civil officers take and subscribe the following oath: `I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duties as solicitor of the city court of Eastman; so help me God.' Said bond shall be payable to the Governor, shall be approved by the judge of the said Page 231 city court, and shall together with said oath be entered upon the minutes of said court by the clerk, and may be sued on by any person interested. If for any reason said solicitor shall be disqualified to act in any case, the court shall appoint a solicitor pro tem. City court of Eastman. Solicitor. SEC. 2. Be it further enacted by the authority aforesaid, That all of section eleven after the word year, in the fourth line of said section, be stricken and insert in lieu of the portion stricken the following: The judge of said city court shall have power to hold said court in session so long as in his judgment it shall be necessary at each regular and adjourned term, and he shall also have power to order and hold adjourned terms of said court when in his judgment it is necessary, and to adjourn his regular term to such time as he shall deem best. Said judge shall in his discretion have power and authority to hold special terms of said court for the trial of criminal cases, when trial by jury is demanded, and he shall have the power to draw juries for such special terms in the same manner as juries are drawn at regular terms, and he shall have the same power as to holding adjourned and special terms of his court as judges of the superior courts have, so that said section amended shall read as follows: Be it further enacted by the authority aforesaid, That the regular terms of said city court of Eastman shall be held quarterly on the second Mondays in January, April, July and October of each year. The judge of said court shall have power to hold said court in session so long as in his judgment the same shall be necessary at each regular and adjourned terms, and he shall also have power to order and hold adjourned terms of said court when in his judgment it is necessary, and to adjourn his regular terms to such times as he shall deem best. Said judge shall in his discretion have power and authority to hold special terms of said court for the trial of criminal cases when trial by jury is demanded, and he shall have the power to draw juries for such special terms in the same manner as juries are drawn at regular terms, and he shall have the same power as to holding adjourned terms of his court as judges of the superior courts have. Terms of court. SEC. 3. Be it further enacted, That section 24 be amended by striking all of said section after the word Act in the sixth line down to the eleventh line and substitute the following: In all cases where issues are to be tried by jury the parties shall be entitled to twenty jurors from which to strike, and in both civil and criminal cases each party shall be entitled to four peremptory challenges, so that section when amended shall read as follows: Be it further enacted by the authority aforesaid, That all laws Page 232 with reference to the disqualification, empaneling, challenging and filling 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 which are to be tried by jury the party shall be entitled to twenty jurors from which to strike, and in both civil and criminal cases each party shall be entitled to four peremptory challenges, and all laws and rules governing the selecting of jurors in the superior court shall apply to the city court of Eastman unless inconsistent with this Act. Juries. SEC. 4. Be it further enacted, That section 35 of said Act be amended by substituting for the words the judge of said court the words, the board of commissioners of roads and revenues for the county of Dooly, and substitute the word it in place of the word he, and also substitute the word be in the place of deem in the third line of said section, and in the fifth to the last line substitute for the words before paying insolvent bills the words before insolvent bills are paid, so that when said section is amended it will read as follows: Be it further enacted by the authority aforesaid, That within ten days after each regular term of said court, and oftener if it shall be proper to do so, the board of commissioners of roads and revenues of said county 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 originated in said city court shall be prorated between the solicitor, clerk and sheriff of the city court and justices of the peace and constables on their bills for insolvent cost in cases originated 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 cost in transferred cases. If at any time there shall be a surplus of the insolvent funds arising from cases originating in the city court after paying all insolvent costs on cases originating in the city court the same shall be applied to the insolvent cost in transferred cases, and if at any time there shall be a surplus of the insolvent funds arising in transferred cases after paying all insolvent cost in transferred cases, the same shall be applied to insolvent cost in cases originating in the city court. The judge of said city court before insolvent bills are paid shall approve the same and order them entered on the minutes of said city court, and such Page 233 bills for insolvent cost shall be a lien on said insolvent funds superior to all other liens. Fines and forfeitures. SEC. 5. Be it enacted by the authority aforesaid, That section 42 be amended by adding after the word cost in the next to the last line the following: In criminal cases the fee to be taxed in the bill of cost and paid as other cost in the event of conviction of defendant, otherwise he shall have an insolvent cost order as provided for other officers, so that said section when amended shall read as follows: 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 either the request of 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 case to be the same as allowed for similar services in the superior courts, to be paid by plaintiff and defendants equally, and in final disposition of cases to be taxed against losing party as other cost in criminal cases, the fee to be taxed in the bill of cost and paid as other cost in the event of conviction of the defendant. Otherwise he shall have an insolvent cost order as provided for other officers, and said stenographer shall have the right to enforce his fees as stenographers in the superior court. Stenographer. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with the foregoing be, and the same are, hereby repealed. Approved August 10, 1906. CITY COURT OF ELLAVILLE ESTABLISHED. No. 591. An Act to establish the city court of Ellaville in and for the county of Schley, to define its jurisdiction and powers, to provide for the appointment of a judge, solicitor and other officers thereof, and to define their powers and duties; to provide for 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 Page 234 State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Ellaville, located in the city of Ellaville, in the county of Schley, is hereby established and created with civil and criminal jurisdiction over the whole county of Schley, 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 Schley that the jurisdiction herein conferred shall include, not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which, now or hereafter, may be in use in the superior courts, either, under the common law or statute, including, among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages, upon personal property. City court of Ellaville, 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 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 four hundred dollars per annum, which shall neither be diminished nor increased during his continuance, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of the county of Schley; and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provision, annually, in levying the taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. Judge. SEC. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgship unless he be at the time of his qualification at least thirty years of age, a resident of Schley county for four years immediately preceding the appointment, and must have practiced law four years. He shall, before entering upon the duties of his office, take and subscribe Page 235 the following oath: I 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 Ellaville, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States; so help me God; which oath shall be filed in the executive department. Judge. 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 term of office shall be four years, and whose duties it shall be to prosecute for all offenses cognizable before said court. All vacancies 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 said solicitor shall receive a salary of four hundred dollars per annum, which shall neither be diminished nor increased during his continuance, except to apply to a subsequent term in office, and which shall be paid, monthly, by the treasurer of the county of Schley; and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make, annually, in levying the taxes for this purpose. 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 solicitor-general of the superior court, in similar cases, to be paid out of the salary of the said city court solicitor. Solicitor. SEC. 5. Be it further enacted by the authority aforesaid, That the solicitor of said city court shall receive for his services in the Supreme Court, to be paid out of the treasury of the State, in the same manner as the solicitor-general of the superior court is paid for like services rendered in the Supreme Court. And it shall be the duty of said solicitor of said city court to represent the State in all cases going from said city court to the Supreme Court. Fees of solicitor in Supreme Court. SEC. 6. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the superior court of Schley county shall be ex-officio clerk and deputies of said city court; said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also, before entering on the duties of Page 236 his office, execute a bond with good security, in the sum of one thousand dollars, for the faithful discharge of the duties of his office. Clerk. SEC. 7. Be it further enacted by the authority aforesaid, That the sheriff of Schley county shall be ex-officio sheriff of said city court of Ellaville, and in his official connection with said court he shall be known as the sheriff of the city court of Ellaville. Before entering upon the discharge of the duties of his office said sheriff shall execute a bond, with good security, in the sum of two thousand dollars for the faithful discharge of the duties of his office. He shall have power to appoint a deputy or deputies, with the consent of said judge. 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 Ellaville, and to the office of sheriff of the city court of Ellaville, respectively; and that the judge of said city court of Ellaville 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 sheriffs of the counties of Georgia. Duties and liabilities of clerk and sheriff. SEC. 9. Be it 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 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. Fees of clerk and sheriff. SEC. 10. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as the judge of the superior court. Habeas corpus. SEC. 11. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly, and quarterly; the monthly terms for the trial and disposition of criminal business and the quarterly terms for the trial and disposition of either or both criminal and civil business. The time for holding said terms of said court shall be fixed by the city court judge; such terms to Page 237 be as near equidistant as convenience will admit, notice of which shall be given by advertisement, one time in the newspaper, when the sheriff sales for said county are published. The terms of such court shall be held at the court-house, in the city of Ellaville, in said county of Schley, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same place at any other times than the regular terms for the transaction of criminal business, which does not require a jury, as speedily as possible, consistent with the interests of the State and the accused, and may also hold adjourned terms of the regular monthly and quarterly terms of said city court, for which he may draw new juries, or require the attendance of the same, as in his sound legal discretion may seem best. Said city court judge may also, in his discretion, set cases for trial at convenient times, and the same may 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, but the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Ellaville, or his deputies thereof. Procedure. SEC. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the superior court, when not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Practice SEC. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine, without a jury, all civil causes of which the said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party, in any cause, shall be entitled to a trial by jury in said court upon entering a demand therefore, 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 when such party is entitled to a trial by jury under the Constitution and laws of this State. Trials SEC. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the manner as judgments of the superior courts are; but property Page 238 exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk, and directed to the sheriff or his deputies of the said city court of Ellaville, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Judgments, lien of. SEC. 16. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claims cases when personal property is levied on, under execution, or other process, from said court, and such claim shall be tried in the same manner as claims in the superior court. Claims. SEC. 17. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process, from said city court, shall be returned to the superior court of the county where such real property is situated, and then shall proceed as other claims in the superior court. Claims to realty. SEC. 18. Be it further enacted by the authority aforesaid, That all laws upon subjects of attachments and garnishments as to any manner whatever in the superior courts of this State shall apply to said city court, as if named with the superior court, so far as 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 Ellaville, 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 law that governs the issuing of attachments returnable to the superior courts. Attachments and garnishments. SEC. 19. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings, and proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the superior court. Distress warrants. SEC. 20. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. 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 interrogations, or under subp[oelig]nas, witnesses and their attendance, continuances, or other matters of a judicial nature Page 239 within the jurisdiction of said city court, shall be applicable to said city court. Practice. SEC. 22. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony, within his jurisdiction, in all cases according to the general laws of the State, and the judge, and all other officers of said city court, shall have power respectively to administer all oaths, pertaining to their office as the judge and other officers of the superior court may, in like cases, do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State, in which, by existing laws, deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the judge of the 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. Judge, powers of. SEC. 23. Be it further enacted by the authority aforesaid, That said city court of Ellaville shall be a court of record, and shall have a seal, and minutes, records, order and other books and files that are required by law and rules, to be kept for the superior court shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them, in said city court, except when they conflict with the provisions of this Act. Court of record. SEC. 24. Be it further enacted by the authority aforesaid, That all laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied, and sale be had thereunder, under the same rules and laws regulating the same in the superior court. Judgments, how enforced. SEC. 25. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments, as is vested, by law, in the judges of the superior courts of this State. Contempt. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Ellaville to prepare and file, in his office, a complete copy of the traverse jury list of the superior court of Schley county, as provided from time to time, for such superior court. From said copy so made traverse jurors, in said city court, shall be drawn in the following Page 240 manner: The clerk of said city court of Ellaville shall write, upon separate tickets, the names of each traverse juror, and shall number the same, and place the same in a box, to be prepared for the purpose; from which shall be drawn sixteen traverse jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse jurors and tales traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid $5.00 for summoning said jurors. All exemptions from jury duty now of force in the county of Schley shall apply and be of effect in the said city court. List of Jurors. SEC. 27. Be it further enacted by the authority aforesaid, That all laws, in reference to the qualification, relations, empaneling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same, in the superior court, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Jurors. SEC. 28. Be it further enacted by the authority aforesaid, That the sixteen jurors drawn and summoned as above provided, shall be empaneled, and in all cases, civil or criminal, trial by jury of twelve shall be had in said court, when so demanded; but a trial by a jury of twelve may be waived, and, in that event, the jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendant shall have five strikes and the State three strikes; eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case may by consent agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. Whenever it occurs that a jury may be out engaged in considering a case submitted to them, and, in the discretion of the judge presiding, it shall be deemed advisable to have additional jurors to supply a full panel of sixteen (including those who are not on the jury then out considering of their verdict), then such judge shall instruct the sheriff or his deputy to promptly summon such number of competent talesmen as will be necessary to complete the panel of sixteen jurors, so as to thus provide for the uninterrupted trial of cases, civil and criminal, pending in said court. If either party in a civil case, or defendant in a criminal case, declines to waive trial by a jury of twelve, then in civil cases each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed three strikes, and the State one strike from said panel. The jurors, those drawn on the regular panel and likewise the talesmen, which the judge of said court is hereby empowered to have summoned Page 241 instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of one dollar and a half per day while serving as jurors in said court, same to be paid under the rule governing the payment of superior court jurors. Juries. SEC. 29. Be it further enacted by the authority aforesaid, That the sheriff of said court is authorized to appoint, at each term of said court, not exceeding two bailiffs as officers of said court, who shall receive for their services one dollar and a half per day. Bailiffs. SEC. 30. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof, without a jury, except when the accused in writing shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such a waiver. If upon the trial of any case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Trials in criminal cases. SEC. 31. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court shall be tried on a written accusation, setting forth, plainly, the offense charged, founded upon an affidavit of the prosecution, 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 Schley 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 pleading to be observed in bills of indictments in the superior court. Accusation. SEC. 32. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Schley county, to said city court, for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of the said courts; provided, 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 242 SEC. 33. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace and notaries public of Schley county to bind over to said city court all persons charged with offenses committed within the limits of Schley county, over which said city court has jurisdiction, there to answer for said offenses. Appearance bonds. SEC. 34. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said city court to the Supreme Court of this State, upon a bill of exceptions filed, under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. SEC. 35. Be it further enacted by the authority aforesaid, That in all cases in said city court the same powers and rights of parties, as to waivers, pleadings or procedure or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in said superior courts. Practice. SEC. 36. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial, in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations, in every respect governing the granting of new trials in the superior courts. All rules of pleadings, practice and procedure governing motions, rules nisi, and other proceedings, in new trials, in the superior courts shall apply to and govern the same in said city court. When a criminal case is heard, at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court, within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause; further time may, by order, be granted, in the discretion of the judge of said court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. SEC. 37. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners, or joint trespassers, in which any one or more reside in the county of Schley, may be brought in said court, whether its jurisdiction, as already stated, under the same rules and regulations governing such cases in the superior courts mutatis mutandis as to copies, second originals, returns and other matters connected with the suit. Joint promsors, etc. SEC. 38. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuances, pleas and Page 243 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 term 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 all civil cases brought in said court, when the principal sum claimed or involved does not exceed one hundred dollars, shall be triable at the first quarterly term, after service has been duly had on the defendant, and shall then be heard and determined, unless continued in the manner provided by law; and the right of trial by jury in such cases shall be preserved and allowed as provided by the terms of this Act. Quarterly terms. SEC. 41. 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. 42. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court, at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may, in writing, direct; or, if no directions be given, the court shall be adjourned to the next regular term. Adjournment. SEC. 43. 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 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 Schley county to the said city court, the solicitor of the superior court shall be entitled to such solicitor's costs as shall have accrued on bills of indictments or special presentments, up to the time of the transfer; provided further, that in all cases the magistrates binding over in any preliminary hearing, shall be entitled to share as to his costs in the particular Page 244 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. 44. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of the county of Schley shall provide a suitable place, in the court-house, in said city of Ellaville, for the holding of said court, and provide the necessary books for keeping the dockets, minutes and records of said city court. SEC. 45. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. CITY COURT OF FITZGERALD, ACT CREATING AMENDED. No. 552. An Act to amend an Act entitled An Act to establish the city court of Fitzgerald, Irwin county, Georgia; to define its jurisdictions and powers; to regulate the proceedings therein, and for other purposes, so as to provide for the appointment of a sheriff, the selection of jurors, the appointment of jury commissioners, fixing fees of the sheriff and solicitor of said court; to provide for the payment of insolvent costs; the disposition of convicts in said city court, and to extend the jurisdiction of the same so as to include the 432d and 1643d districts of Irwin county, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 1 of the above recited Act be amended by adding after the words 1537th, and before the word district, the following: 432d and 1643d, so that said section when amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city court of the city 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 said city of Fitzgerald, and all that portion Page 245 of Irwin county, Georgia, lying and being in the 1537th, 432d and 1643d districts, G. M., in said county. City court of Fitzgerald, jurisdiction. SEC. 2. Be it further enacted, That section 9 of said Act be amended by striking from lines 2, 3, 4, 5, 6, 7, 8, 9 and 10 the words for every case finally disposed of in said court, founded upon accusations, for every indictment or special presentment finally disposed of in said court, ten dollars; for every case for the violation of the gaming laws of the State, fifty dollars; for every case for 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 for solicitor-general for similar service in the superior court, and insert in lieu thereof the following: He shall receive the same fees for each written accusation as are allowed solicitor-general for each indictment in the superior court, and his fees for all services rendered shall be the same as are allowed the solicitor-general of the superior court for similar services. So that said section when amended shall read as follows: Sec. 9. Be it further enacted by the authority aforesaid, That for his services in the said court the fees of the solicitor shall be as follows: He shall receive the same fees for each written accusation as are allowed the solicitor-general for each indictment in the superior court, and his fees for all services rendered shall be the same as are allowed the solicitor-general of the superior court. Fees of solicitor. SEC. 3. Be it further enacted by the authority aforesaid, That section 12 of said Act be stricken and insert in lieu thereof the following: Be it further enacted, That the judge of said court shall appoint some good and suitable person as sheriff thereof, who shall hold office for the term of two years, unless sooner removed by said judge for reasons satisfactory to himself; and such sheriff, before entering upon the duties of his office, must take and subscribe to an oath that he will faithfully perform the duties thereof, and at the same time must give bond in the sum of one thousand dollars, approved by the judge of this court, conditional for the faithful discharge of the duties of this office, as is done by the sheriffs of the various counties of this State. He shall be entitled to the same remedies to enforce collection of his fees and costs in said city court as sheriffs of the superior courts are entitled. Sheriff. SEC. 4. Be it further enacted, That section 31 be stricken, and in lieu thereof the following is hereby enacted: That all persons residing within the territorial jurisdiction of said city court, and eligible to have their names placed on the list of petit jurors in Page 246 the superior court of said county, shall be eligible to have their names placed on the jury-list of said city court. It shall be the duty of the judge of the said city court, immediately upon the passage and approval of this Act, to appoint three discreet persons residing within the territorial jurisdiction of said city court, to serve as jury commissioners for said city court. Said commissioners shall each hold their office for the term of two years, unless removed for cause by the judge of said court. Annually on the first Monday in September said commissioners shall meet at the court-house, in the city of Fitzgerald, and revise the jurylist for said city court. They shall select from the tax-books of the tax-receiver of Irwin county intelligent men to serve as jurors, and shall write the names of the persons so selected on the tickets as required by the general law covering the selection of jurors in the superior court. The jury commissioners shall place the tickets containing the names of the jurors in a box to be provided by the city of Fitzgerald, which box shall contain apartments marked No. 1 and No. 2, from which the jurors shall be drawn, as now provided by the general law of the superior court. It shall be the duty of the clerk of the city court to make out in a book a list of the names respectively contained in the city court jury-box, alphabetically arranged, and placed in his office after the list thereon has been certified by the clerk and commissioners, containing respectively all the names placed in the jury-boxes. Jury list. SEC. 5. Be it further enacted by the authority aforesaid, That section 44 be amended by striking out the last clause of said section, beginning with the word provided, and inserting in lieu thereof the following words: upon the same terms and conditions that the convicts are received from the county and superior courts of Irwin county, so that said section, when amended, shall read as follows: Sec. 44. Be it further enacted, That the judge of said city court of Fitzgerald is hereby authorized to turn over to the city of Fitzgerald to be worked by its chaingang 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 upon the same terms and conditions that the convicts are received from the county and superior court of Irwin county; provided, that all persons convicted of crimes committed in the 432d and 1643d districts of said county of Irwin Page 247 and sentenced to labor on chain-gang shall be turned 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 court of said county. Misdemeanor convicts. SEC. 6. Be it further enacted, That at or within ten days after each regular term of said court, and oftener, if he shall deem it proper to do so, the judge of said court shall cause the solicitor to distribute the fines and forfeitures arising from cases tried in said court as follows: Fines and forfeitures originating or tried in said city court shall be prorated between the solicitor of the city of Fitzgerald and the sheriff of the city court and the justice of the peace and constables, or other bills for insolvent costs; the city of Fitzgerald in each instance participating on the basis of the fees allowed to juries, to the judge, costs of keeping prisoners, costs of paying special bailiffs and all other costs which they are required to pay in the disposition of criminal cases. If, on the first day of October, February and June of each year there shall be any surplus after paying all insolvent costs, the same shall be paid to the treasurer of the city of Fitzgerald, which shall be deposited to the credit of the city court, and shall be subject only to pay any expenses connected with said city court, to be paid out upon the order of the judge of said court, and it shall be unlawful for said fund to be used for any other purpose, and any person who shall directly or indirectly appropriate or use said fund for any other purpose shall be punished as for a misdemeanor; except that if on January 1st of each year there shall be a balance, after paying all insolvent costs, to the credit of said fund, then the same, upon the order of said judge, shall be paid to the treasurer of the city of Fitzgerald, to be used for any purpose that said city may desire. Before the solicitor shall pay insolvent costs all bills for same shall be approved by the judge, and he shall order the same to be placed on the minutes of said court, and they shall be a lien on insolvent funds superior to all other liens. Fines and forfeitures. SEC. 7. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 248 CITY COURT OF FLOYD COUNTY, ACT CREATING AMENDED. No. 532. An Act to amend an Act entitled An Act creating the city court of Floyd county, approved September 27, 1883, and the three Acts amendatory of said Act, approved respectively October 24, 1887, October 29, 1889, and August 23, 1905, as follows: (1) By increasing the qualifications and compensations of the judge of said court, and disqualifying him from practicing law; and providing for the election of the judge of said court by the qualified voters of the county of Floyd. (2) By making it unlawful for said judge to receive directly or indirectly, for himself or his family, from any railroad, telephone, telegraph, or express company, any free pass or other favor not enjoyed by the general public, and to provide a penalty therefor. (3) By providing for the same number of jurors for the trial of cases in said court, and for the same system of drawing, empaneling and striking jurors, and for the same compensation to them as are now provided as to trial jurors in the superior court. (4) By changing the practice in said court so as to make all civil cases triable at the first or second term under the same rules as like cases are made triable in the superior courts. (5) By making the practice in motions for new trial in said court the same as that in the superior courts. (6) By providing for the review of the rulings, orders and judgments of said court by bill of exceptions and writ of error to the Supreme Court in the same manner as like rulings, orders and judgments of the superior court are reviewed. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 2 of said Act entitled An Act to establish a city court in the county of Floyd, approved September 27, 1883, as amended by section 2 of said Act entitled An Act to amend the Act entitled `An Act to establish a city court in the county of Floyd,' approved September 27, 1883, so as to provide for an increase of the salary of the judge of said court, and to increase the jurisdiction thereof, approved October 29, 1889, be amended by repealing and striking from said section 2 of said Act of September Page 249 27, 1883, all of said section after and including the words the judge of said city court, in the ninth line thereof, and by repealing and striking out all of said section 2 of said Act of October 29, 1889, and enacting and inserting in lieu of the matter so repealed and stricken out the following, to wit: City court of Floyd county. The judge of said court shall receive a salary of $1,500 per annum, to be paid monthly by the treasurer of said county, upon the official receipt of said judge; and it shall be the duty of the commissioners of roads and revenues, or other proper county authorities of said county, in levying the annual taxes, to make provision for this purpose. Said judge shall be a citizen of said county, and shall possess all of the qualifications required by law for judges of the superior courts of this State; and so long as he is judge of said city court, he shall be prohibited from practicing law, under the same rules as are prescribed by section 4313 of the Civil Code of Georgia, in the case of judges of the superior courts. Judge. SEC. 2. That it shall be unlawful for said judge of said city court, for himself or his family, either directly or indirectly, to receive from any railroad company any free pass, or from any telephone company or express company, or like quasi corporation, any like favor not enjoyed by the general public; and any violation of any of the provisions of this section by such judge shall be a ground of impeachment. Free passes SEC. 3. Be it further enacted, That there shall be a judge of said city court who shall be elected by the voters of said county. Election. Said judge shall be elected at the election held for Governor, State-house officers and members of the Legislature October 3, 1906. All 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 a 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 reason of death or resignation, 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. SEC. 4. That all of section 10 of said Act of September 27, 1883, after the enacting clause, as well as all of section 1 and 2 of said Act of October 24, 1887, all of which relate to the trial of issues in said court by juries, are hereby repealed and stricken, and in lieu thereof there is enacted and inserted the following, to wit: The trial of issues in said court, when juries are demanded, shall be by juries of twelve men, chosen, empaneled, stricken and Page 250 sworn under the same rules as are provided in relation to traverse juries in the superior courts of this State, each party in a civil case being entitled to six strikes, and in a criminal case the State being entitled to five strikes and the defendant or defendants to seven strikes, out of twenty-four jurors. Jurors for said city court shall be procured as follows: The clerk of said court shall take the list of traverse jurors prepared from time to time by the jury commissioners of said county for the superior court, and put the names of all jurors appearing on said list into a box prepared and kept for that purpose in the same manner as the traverse jury box for the superior court is prepared and kept, and to be known as the `city court jury box'; and the judge of said court, under the same rules as are provided for the superior court, shall draw from said box for each week of each regular term when juries may be needed, not more than thirty names of jurors, and shall, at the opening of each of said weeks, from the persons so drawn, empanel two panels of twelve jurors each for service during such week. Said jurors shall be summoned by the sheriff of said county or his deputy, and for their services shall receive the same compensation per diem as is paid during that year to jurors in the superior court. Whenever it may be necessary to provide jurors for any special or adjourned term, or to provide tales jurors for any reason in said court, the judge thereof may provide such jurors under the same rules as are now or may be hereafter provided in the superior court. If at any time a third panel of twelve jurors may be needed in said court, said judge shall have authority to empanel the same in like manner as the same may be done in the superior court.. Jury trials. Jurors. SEC. 5. That section 19 of said Act of September 27, 1883, relating to the granting of new trials, is hereby amended by repealing and striking out all of said section after and including the words when a criminal case, in the fourth line of said section. New trials. SEC. 6. That section 20 of said Act of September 27, 1883, and section 3 of said Act of August 23, 1905, both relating to the manner of reviewing the rulings, decisions and judgments of said court, are repealed and stricken out, and in lieu thereof the following is enacted and inserted, to wit: That the manner of reviewing the rulings, decisions, sentences and judgments of said city court, and of correcting errors therein, shall be by bill of exceptions and writ of error to the Supreme Court, under the same rules, both in civil and criminal cases, as are now or may hereafter be provided by law in like cases in the superior courts. Writs of error. Page 251 SEC. 7. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1906. CITY COURT OF GREENEVILLE, ACT CREATING AMENDED. No. 680. An Act to amend section 1 of an Act to establish the city court of Greeneville, in and for the county of Meriwether; to define its jurisdiction and powers; to provide for the election of a judge, solicitor and the appointment of other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved December 13, 1899, so as to strike from said section one in the seventh and eighth lines the following: Wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 1 of the above recited Act be, and the same is, hereby amended by striking from the seventh and eighth lines of section 1 of the above recited Act the following words, to wit: Wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, 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 the authority of the same, That the city court of Greenville, to be located in the city of Greeneville, in the county of Meriwether, is hereby established and created, with civil and criminal jurisdiction over the whole county of Meriwether, 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 Meriwether; 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 Page 252 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, foreclosures of all liens and mortgages and quo warrantos. City court of Greeneville. Jurisdiction. SEC. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved August 21, 1906. CITY COURT OF JEFFERSON, JUDGE, SOLICITOR AND CLERK, ELECTION OF. No. 423. An Act to provide for the election of the judge, solicitor and the clerk of the city court of Jefferson, located in the city of Jefferson, in Jackson county, by direct vote of 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 from and after the passage of this Act the judge, the solicitor and clerk of the city court of Jefferson, located in the city of Jefferson, in Jackson county, Georgia, shall be elected by a direct vote of the people at the same time and under the same rules and regulations governing the election of the members of the General Assembly and county officers of the county of Jackson. City court of Jefferson, judge, solicitor and clerk. SEC. 2. Be it further enacted by the authority aforesaid, In case of the death, resignation or removal from office of the judge or solicitor of said court, the office of judge or solicitor shall be filled by appointment of the Governor for the residue of the unexpired term. In case of the death, resignation, or removal from office of the clerk of said city court, the judge of the city court of Jefferson shall appoint a clerk to fill out the unexpired term of said clerk of the city court of Jefferson. Vacancies. SEC. 3. Be it further enacted by the authority aforesaid, The term of office of each one of these officers shall be for four (4) years. Terms of office. SEC. 4. Be it further enacted, That the present judge, solicitor Page 253 and clerk of the city court of Jefferson located in the city of Jefferson, in Jackson county, shall serve until the expiration of their present terms of office. Present officers. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1906. CITY COURT OF LEESBURG, ACT CREATING AMENDED. No. 683. An Act to amend 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 and solicitor-general and officers thereof, and define their powers and duties; to provide for the pleading and practice, and new trials therein, and writs of error therefrom, and for other purposes, approved August 21, 1905 (see Acts of 1905, pp. 266-267), by amending sections 4 and 6 of said Act, so as to change the method of selecting the judge and solicitor of said city court of Lessburg, by providing that the judge and solicitor thereof shall be chosen and elected by the qualified voters of the county of Lee, 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 Leesburg, in the second line of the said section, the following language who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years; and all vacancies in the office of judge shall be filled by appointment of the Governor for the 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, and enacting in lieu thereof the following, who shall be elected by the qualified voters of the county of Lee; whose term of office shall be four years, commencing from the 1st day of January, 1910, Page 254 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 for county officers, when a judge shall be elected to fill the unexpired term; which election and all elections for judges, whether for regular or unexpired terms, shall be held under the same rules as govern elections for county officers, so that said section, when amended, shall read as follows: City court of Leesburg. 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 elected by the qualified voters of the county of Lee, whose term of office shall be four years, commencing from the first day of January, 1910, 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 for county officers, when a judge shall be elected to fill the unexpired term; which election and all elections for judges, whether for regular or unexpired terms, shall be held under the same rules as govern elections for county officers. The judge of said city 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, how chosen, etc. SEC. 2. Be it further enacted by the authority aforesaid, That section 6 of said Act aforesaid be amended by striking thereform the following words, beginning after the word Leesburg in the second line, to wit, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and inserting in lieu thereof the following, who shall be elected by the qualified voters of said county of Lee, in the same manner as the judge of said court is elected. Commencing with the general election to be held in 1908, for the term commencing January the 1st, 1910, said solicitor, until said election, to be appointed as heretofore. So that said section when so amended shall read as follows: Sec. 6. Be it further enacted, That there shall be a solicitor-general of said city court of Leesburg, who shall be elected by the qualified voters of said county of Lee, in the same manner as the judge of said court is elected. Commencing with the general elections to be held in 1908, for the term commencing January the 1st, 1910, said solicitor, until said election, to be appointed as heretofore, whose term of office shall be two years, and all vacancies shall be filled in like manner as the vacancies in the office Page 255 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 offences 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 offences in said city court. He shall receive a salary to be fixed by the grand jury of Lee county, to be drawn from the treasury of Lee county in like manner as the salary of the judge of said court is fixed and drawn; provided, that in his absence or disqualification the judge of said court shall appoint a solicitor pro tem. Solicitor, how chosen, 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 said court under the terms of this Act shall be at the general election held in said county for county officers in the year 1908, 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 the general elections as above provided, and if a vacancy should occur in said office, it shall be filled in the same manner as vacancies in the office of judge as herein provided. Elections, when held. The first election for judge under the terms of this Act shall be at the general election for the 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 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 the general elections as above referred to and prescribed. Said judge and solicitor elected under the foregoing provisions shall be commissioned by the Governor. SEC. 4. Be it further enacted by the authority aforesaid, That this Act shall not become operative unless ratified by the qualified voters of said county of Lee at the next general election for county officers. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 256 CITY COURT OF LEESBURG, ACT CREATING AMENDED. No. 679. An Act to amend an Act entitled 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, approved August 21, 1905, so as to empower the judge of said city court to summon jurors instanter, 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 thirty (30) on page 273, Acts of 1905, of the above entitled Act, be amended as follows: By striking after the word panel in the fourteenth line of said section all the balance of said section and inserting in lieu thereof the following, to wit: The judge of the city court shall have power to summon instanter as many jurors as may be necessary to complete the regular panel, 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, in the same manner as jurors are summoned and impaneled for the superior court. Jurors in the city court shall receive the same pay as jurors in the superior court and are to be paid in the same manner and under the same regulations, so that when said section when amended shall read as follows: 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 may 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 Page 257 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 judge of the city court shall have power to summon instanter as many jurors as may be necessary to complete the regular panel 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 where both parties announce ready, or no legal showing for a continuance is made by either party in the same manner as juries are now summoned and impaneled for the superior court. Jurors in the city court shall receive the same pay as jurors in the superior court and are to be paid in the same manner and under the same regulation. City court of Leesburg. Juries. SEC. 2. It is hereby enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1906. CITY COURT OF LOUISVILLE ESTABLISHED. No. 506. An Act to create the city court of Louisville, in and for the county of Jefferson; to prescribe the powers and duties thereof; to prescribe for the officers thereof; to prescribe 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 Louisville, to be located in the city of Louisville, in the county of Jefferson, is hereby established and created with civil and criminal jurisdiction over the whole county of Jefferson 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 also with the exception of all cases of which justice courts would have jurisdiction, where the amount involved is less than fifty dollars and the defendant resides outside of the 82d district, G. M., in said county; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Jefferson; 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 Page 258 which now or hereafter may be in use in the superior court, either under the common law or statute, including among other 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 levies and mortgages. City court of Louisville, 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 a term of two years, and any vacancy in said office of judge shall be filled by the Governor by appointment for the unexpired term, by and with the advice and consent of the Senate if then in session, and if not, subject to its approval at its next session. The first appointment to this office shall be made, if the Senate be not then in session, in the same manner as in filling a vacancy. The judge of said city court shall receive a salary of four hundred dollars ($400.00) per annum, which shall be paid monthly by the treasurer of Jefferson county, and it shall be the duty of the commissioners of roads and revenues of said county, or of other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, except as hereinafter provided, but may practice law in any other except his own court. 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 shall be at the time of his qualification at least twenty-seven years of age, a resident of Jefferson county for two years immediately preceding his appointment, and must have been an attorney at law for three (3) years before his appointment. He shall, before entering upon the duties of his office, take and subscribe to the following oath: I do solemnly swear that I will administer justice without respect to person, and do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Louisville, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States; so help me God, which oath shall be filed in the executive department. Judge. 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 two years, and whose duty it shall be to prosecute all offenses cognizable before said Page 259 city court. Said solicitor shall be at least twenty-two years of age, and a resident of Jefferson 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 be allowed 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 in the superior court, all of said fees to be disposed of as hereafter provided. In the absence or disqualification of the said solicitor, the city court judge shall appoint a solicitor pro tem., and all the provisions of this Act relating to the solicitor shall apply to the said solicitor pro tem., so far as regards his duties and fees. Solicitor. SEC. 5. Be it further enacted by the authority aforesaid, That the said solicitor of said city court of Louisville 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 Louisville; 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 Louisville shall also give bond with good security in the sum of five hundred dollars, made payable and conditioned the same as bonds of solicitors-general of this State, which said bond shall be filed and kept in the same manner as the bonds of solicitors-general are filed and kept. Solicitor. SEC. 6. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the right to appoint a clerk and deputy clerks of said court; provided, however, that said judge shall have the right to act as his own clerk if he desires to do so. If the clerk of said court is other than said judge, he shall receive one dollar per day for attending the regular sessions of said court. Clerk. SEC. 7. Be it further enacted by the authority aforesaid, That the sheriff of Jefferson county and his deputies shall be, by virtue of their offices, sheriff and deputy sheriffs of the city court of Louisville. Said sheriff shall receive two dollars per day for his services at the regular terms of said court. Before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office. 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 Page 260 superior court and to the office of sheriff, shall be attached to the office of clerk of the city court of Louisville, and to the office of sheriff of the city court of Louisville, respectively, and that the judge of said city court of Louisville 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 clerk of the superior courts and sheriffs of the counties of Georgia. Duties, etc., of clerk and sheriff. SEC. 9. Be it further enacted by the authority aforesaid, That unless otherwise specified in this Act, the clerk and sheriff of said city court 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 officers. SEC. 10. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to issue and hear and dispose of writs of habeas corpus in the same way and with the same power as the judge of the superior court. SEC. 11. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The monthly terms shall be held on the third Monday in each month, and the quarterly terms on the third Mondays in January, April, July and October of each year, and said terms shall continue from day to day, unless adjourned over to some other day, in the discretion of the judge, until the business is disposed of. When the monthly and the quarterly sessions fall upon the same day the business of the monthly session shall be first disposed of, and immediately upon the disposition of the business of the monthly session, the judge shall convene the court in quarterly session. Suits for not exceeding five hundred dollars, principal, and all issues and proceedings when not over five hundred dollars in value is involved, shall be returned to the monthly sessions of said court and shall stand for trial at the first term by the judge without intervention of a jury. Ordinary suits brought to the monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term, to which they are returnable, and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly term in like manner as suits are now brought in the superior court, and the first term of said quarterly session shall be the appearance Page 261 term; provided, that in all suits brought in said city court final judgment may be entered by default at the first term to which the cause is returnable unless a plea or defense is filed under the terms governing the filing of pleas in the superior court on the call of the appearance docket, in which event the second term shall be the trial term, except the trial may be at the first term when parties consent. Terms of court. SEC. 12. Be it further enacted by the authority aforesaid, That the terms of said court shall be held at the court-house in the city of Louisville, Georgia, for which when necessary juries may be drawn as hereinafter directed. The judge 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 juries, or require the attendance of the same as in his sound, legal discretion may seem best. Said city court judge may, in his discretion, set cases for trial at convenient times, and the same may be tried as of the term, whether court has been held from day to day until said time or not. Court-house. 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 court, except as hereinafter provided; the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Louisville, or the deputies thereof. Procedure. SEC. 14. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleading and practice, the laws governing the superior court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Practice. SEC. 15. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hear and determine without a jury all civil cases of which the said court has jurisdiction, and to give judgment and execution therein. Trial by judge. 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 same manner as judgments of the superior court are; but property Page 262 exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff, or special deputy sheriffs of the said city court of Louisville, and to all and singular the sheriffs or their deputies, of the State of Georgia. Judgements, lien of. SEC. 17. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior court. Claims. SEC. 18. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said city court shall be returnable to the superior court of the county where such real property is situated, and then shall proceed as other claims in the superior court. Claims to realty. SEC. 19. Be it further enacted by the authority aforesaid, That all laws upon subjects of attachments and garnishments as to any manner whatever in superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court, returnable to said court, shall be directed to the sheriff or the deputy sheriffs of the city court of Louisville, and to all and singular the sheriffs and constables of this State, and the judge of said city court, or any justice of the peace or notary public may issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. SEC. 20. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings, and proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the superior court. Distress warrants. SEC. 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 court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Parties. SEC. 22. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suit, or witness by interrogatories or under subp[oelig]nas, witnesses and their attendance, continuances, or other matters of a judicial nature, within Page 263 the jurisdiction of said city court, except as otherwise provided in this Act, shall be applicable to said city court. Proceedings. SEC. 23. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have the power, respectively, to administer all oaths pertaining to their office as the judge and other officers of the superior court may in like cases do; and said judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which by existing laws deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the judge of said city court shall have all the powers and authority throughout his jurisdiction of judges of the superior courts, except such power and authority as under the Constitution and laws are vested exclusively in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Judge, powers of. SEC. 24. Be it further enacted by the authority aforesaid, That the said city court of Louisville shall be a court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law, and rules, to be kept for the superior court, shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act; provided, that the clerk of said court shall not be required to record the pleadings in civil causes in said court. Court of record. SEC. 25. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the superior court, whether civil or criminal, shall apply to said city court. The judge of said court shall have the same power to enforce his orders, to preserve order, punish for contempt and to enforce his judgments as is vested by law in the judges of the superior courts of this State. Judgments, how enforced. SEC. 26. Be it further enacted by the authority aforesaid, That sales made under executions or other process from the quarterly term of said city court shall be governed by the same rules and regulations as under superior court executions, and sales made under executions or other process from the monthly term of said Page 264 court may be made after advertising the property ten days before the court-house door and at two other public places in Jefferson county; provided, that all levies upon land shall proceed in the same way as are usual in like cases in the superior courts. All other sales shall be made under rules prevailing and governing in the superior courts. All bonds returnable to the superior court shall follow the case to the city court, when so transferred, and the defendant in such case shall be bound to appear at said city court at its first monthly term sitting after such bill is transferred. Sales under execution. SEC. 27. Be it further enacted by the authority aforesaid, That all suits against obligors, joint obligors, joint promisors, co-partners, or joint trespassers, in which any one or more resides in the county of Jefferson, may be brought in said court within its jurisdiction as already stated, under the rules and regulations governing such cases in the superior court, mutatis mutandis, as to copies, second originals, returns and other matters connected with the suit. Joint promisors, etc. SEC. 28. Be it further enacted by the authority aforesaid, That it shall be the duty of the justices of the peace and notaries public of Jefferson county to bind over to said city court all persons charged with offences committed within the limits of Jefferson county over which said city court has jurisdiction. Appearance bonds. SEC. 29. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Louisville to prepare and file in his office a complete copy of the jury-lists of the superior court of Jefferson 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 said city court shall write upon separate tickets or slips the name of each juror and shall number the same and place the same in a box to be prepared for that purpose, from which shall be drawn, for each term, whenever necessary, twelve jurors in the manner as now required by law in the superior court. For the quarterly sessions of said court, which are to be held on the same day as the monthly sessions in the months of January, April, July and October, no juries shall be drawn, but the juries drawn for said monthly sessions falling on the same day as said quarterly sessions shall serve as jurors for both monthly and quarterly sessions at said terms. 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 three dollars for summoning said jurors. All exemptions from jury duty now in force in the county of Jefferson Page 265 shall apply and be of effect in the said city court. No jury shall be summoned for any term when not deemed necessary by the judge of said court. Jury list. SEC. 30. 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 hereinafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Juries. SEC. 31. Be it further enacted by the authority aforesaid, That twelve jurors, drawn and summoned as above provided, shall be impaneled, and in all criminal cases a trial by a jury of six (6) shall be had in said court when so demanded; the defendant being entitled to four strikes, and the State two (2) srikes from said panel. The jurors, those drawn on the regular panel, and likewise the talesmen, which the judge of said court is hereby empowered to have summoned, instanter, at any term of said court whenever necessary to complete a panel, shall each receive the sum of two dollars per day while serving in said court, same to be paid under the rules governing the payment of superior court jurors. Juries. SEC. 32. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof, without a jury, except when the accused, in writing, shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver. If, upon the trial of any case, it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court, as in preliminary examinations. Trials in criminal cases. SEC. 33. Be it enacted by the authority aforesaid, That the defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the solicitor of the 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 Jefferson county. 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 accusation shall set forth the offense charged with the same particularity both as to matter of Page 266 form and substance as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior court. Accusation. SEC. 34. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Jefferson county to said city court, for trial and final disposition, all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of the said courts, which order may be passed in term time or in vacation. Transfers from superior court. SEC. 35. Be it further enacted by the authority aforesaid, That if either party in a civil case is dissatisfied with the judgment of the city court judge, and the principal sum claimed, or damages claimed, exceeds fifty dollars ($50.00), said party may enter an appeal from said judgment within four days under the same rules and regulations as are provided for appeals in the Code of this State. When such appeal is entered, said city court judge shall transmit the same, and all papers connected with the case appealed, to the clerk of the superior court at least five (5) days before the next term thereof, there to be tried and disposed of as provided by law, for the trial of appeals. Appeals. SEC. 36. Be it further enacted by the authority aforesaid, That if the judgment of said city court judge has been rendered in a case where the principal sum or damage claimed does not exceed fifty dollars either party may sue out a writ of certiorari to his judgment, in conformity to the Constitution of this State and the provisions of the Code of this State regulating certiorari, and in his petition for certiorari may state all the decisions or judgments complained of as erroneous from the beginning to the end of the case. All the rules provided in the Code of this State for preparing, answering, hearing and disposing of certioraries from justices courts shall apply to the said certiorari. Certiorari. SEC. 37. 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 in the Constitution, then upon consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. Judge, pro hac vice. SEC. 38. Be it further enacted by the authority aforesaid, That any defendant in a criminal case who has been convicted in said Page 267 city court, may sue out certiorari from said judgment of the city court to the superior court of said county, and it should be obtained under the order and sanction of the judge of the superior court of the county, upon the written petition duly sworn to stating his complaint, showing sufficient ground of error and containing a brief of the material evidence, and the writ must be applied for within thirty days after the trial and the provisions of sections 703, 704, 705, 706, 707 and 708 of the Penal Code of 1895 should apply to certiorari from the judgments of the city court in criminal cases. Certiorari in criminal cases. 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 court may adjourn it to such time as the judge may, in writing, direct, or if no direction be given, the court shall be adjourned to the next regular term. Adjournment. SEC. 40. Be it further enacted by the authority aforesaid, That in all civil cases brought by ordinary petition in said court, in which the principal amount, not including attorney's fees, is less than one hundred dollars ($100.00), the costs shall be as follows: The sheriff shall receive for serving same the sum of one dollar for each copy served, and the clerk shall receive two dollars for his whole service in connection with said case. Where the principal amount involved is one hundred dollars or more, the sheriff shall receive two dollars for each copy served and the clerk shall receive four dollars for his whole service in connection with said case. In all other cases, except as herein provided, the costs shall be the same as in the superior courts of this State. Court costs. SEC. 41. Be it further enacted by the authority aforesaid, That the county commissioners of the county of Jefferson, or other proper officers, shall provide a suitable place in the court-house in the city of Louisville for holding said court, and provide the necessary books for keeping the dockets, minutes and records of said city court, and said authorities shall provide an office in said court-house for the judge of said city court. Court-house, etc. SEC. 42. Be it further enacted by the authority aforesaid, That this Act shall go into effect on the first day of January, 1907, and the first regular term of said court shall be held on the third Monday of January, 1907. SEC. 43. Be it further enacted by the authority aforesaid, That within ten days after each regular term of said city court, and oftener if he shall see proper to do so, the judge of said city court shall distribute the fines and forfeitures arising from cases tried in said court as follows: Fines and forfeitures arising from cases originating in this court shall be prorated between the solicitor, Page 268 clerk and sheriff of said city court on their insolvent cost bills, and also with the justices of the peace and constables on their insolvent cost bills; fines and forfeitures arising from cases transferred from the superior court to said city court shall be prorated between the solicitor, clerk and sheriff of said city court, and the solicitor of the superior court, and the justices of the peace and constables, upon their bills of insolvent cost in such transferred cases. If at any time there should be a surplus after paying said insolvent cost bills it shall be paid over to the treasurer of Jefferson county for the general fund of said county. The portions of the fines and forfeitures apportioned to the solicitor's insolvent cost bills, as well as all costs collected in criminal cases on account of his services shall be placed to the credit of the general fund for county expenses and paid over to the treasurer of Jefferson county, provision being made elsewhere for the compensation of the said solicitor of the city court of Louisville. No officer shall receive any money on his insolvent cost unless it has been first approved by the judge of said city court and placed on the minutes thereof. Said insolvent cost bills shall be a lien on said funds arising from fines and forfeitures in said court superior to all other claims. All fines and forfeitures in said court shall be collected by the sheriff of said court and by him turned over to the clerk thereof, who shall make the distribution upon the order of the judge in accordance with the foregoing provisions from the insolvent bills, as they appear of record on the books of the said city court; provided, that if the judge of said city court should act as his own clerk he shall not receive any costs in criminal cases except for the issuance of warrants and subp[oelig]nas, and shall not participate in the division of funds arising from fines and forfeitures, but in all cases the distribution of said funds shall be made by the clerk of said court as provided. Fines and forfeitures. SEC. 44. Be it further enacted by the authority aforesaid, That the solicitor of said city court of Louisville shall receive for his services the sum of five hundred dollars per annum, to be paid monthly by the treasurer of Jefferson county, and shall receive no other compensation for his services in said court. The commissioners of roads and revenues of Jefferson county shall make provision for said salary in levying taxes for said county. In all criminal cases disposed of in said court, however, there shall be taxed in the bill of costs on account of the services of the solicitor the same fees which are allowed solicitors-general for like services rendered by them in the superior court, which when collected, together with his pro rata share of the funds arising from fines and forfeitures, shall be paid over to the treasurer of Jefferson Page 269 county as hereinbefore provided. When a solicitor pro tem. shall be appointed in said court, his compensation shall be apportioned by the judge out of the salary of the solicitor. The salary of said solicitor may be changed by the grand jury at the fall term of the superior court of Jefferson county next preceding the expiration of the first full term, or any succeeding full term of said office, and fixed at a sum not less than five hundred dollars, and not more than seven hundred and fifty dollars per annum, to continue during the next term of said office of solicitor. Salary of solicitor. SEC. 45. Be it further enacted by the authority aforesaid, That in each criminal case in said city court where the defendant is convicted and sent to the chain-gang of Jefferson county to work on the public works of said county as provided by law, the county shall pay to all the officers of court, and also to the 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 treasurer of Jefferson county upon the order of the judge of said court; provided, that the costs of the solicitor shall remain in the treasury as heretofore provided; provided further, that the judge of said court, if acting as the clerk thereof, shall not receive any costs in such cases, except those heretofore provided for in this Act. Hire of convicts. SEC. 46. Be it further enacted by the authority aforesaid, That all cases, both civil and criminal, and proceedings of any nature standing on the dockets of the county court of Jefferson county on the 31st day of December, 1906, shall be transferred to the city court of Louisville, and shall proceed as if originating therein; and the books of said county court shall be so transferred. All processes returnable to said county court shall become returnable to the city of Louisville. Transfers from county court of Jefferson county. SEC. 47. Be it further enacted by the authority aforesaid, That this Act shall not go into effect except upon recommendation of the grand jury at the November term, 1906, of the superior court of Jefferson county, said recommendation, if adopted, to be entered on the general presentments of the said grand jury. 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. Approved August 21, 1906. Page 270 CITY COURT OF MONROE, ACT CREATING AMENDED. No. 595. An Act to amend an Act establishing the city court of Monroe, in the county of Walton, approved August 17, 1905, Acts 1905, pages 303 to 314, so as to give said city court jurisdiction at its monthly sessions in civil cases, both ex contractu and ex delicto, when the principal sum claimed does not exceed $200.00, and to fix the court costs in such cases, and for other purposes. SECTION 1. Be it hereby enacted by the General Assembly of the State of Georgia, That the Act described in the foregoing title establishing the city court of Monroe, in Walton county, be, and it is, hereby amended by inserting in section 10 of said Act on page 306, Acts 1905, in the fourth line of said section, after the word business, the following words, to wit: and the trial of civil business, both actions ex contractu and ex delicto, when the principal sum claimed, or the principal sum in the judgment is not over $200.00 (provided no jury is demanded in such civil cases), so that when said section is amended it will read as follows: 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 the trial of civil business, both actions ex contractu and ex delicto, when the principal sum claimed, or the principal sum in the judgment is not over $200.00 (provided no jury is demanded in such civil cases), 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 court-house 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 civil 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 Page 271 adjourned terms of the regular monthly and quarterly terms of said city court, for which he may draw new juries, or require the attendance of the same as in his sound legal discretion may seem best. Said city court judge may, also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. City court of Monroe. Terms of court. SEC. 2. Be it further enacted by the authority aforesaid, That section 13 of said Act, on page 307, Acts 1905, be, and the same is, hereby amended by adding at the end of said section the following words, to wit: If a jury be demanded to try a civil case, returnable and triable at the monthly session of said court, said case shall then go over to the next quarterly term of said court, and stand for trial as other civil cases, so that said section, when amended, will read as follows: 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 when such party is entitled to a trial by jury under the Constitution and laws of this State. If a jury be demanded to try a civil case, returnable and triable at the monthly session of said court, said case shall then go over to the next quarterly term of said court and stand for trial as other cases. Trials. SEC. 3. Be it further enacted by the authority aforesaid, That section 15 of said Act be repealed and the following be enacted in lieu of the same, to wit: That said court shall have jurisdiction of all claim cases when personal property is levied on under execution or other process issued from said court, and of all illegality cases or other issues on processes or judgments of said court; and such claims and issues shall be tried in the same manner as claims or such other issues are tried in the superior courts; provided, however, if such issue be based on a judgment obtained at the monthly term of said court, such issue may be tried at the next monthly term of said court, sitting fifteen days after the claim or other issue is filed, by the court, provided no jury is demanded in said case as provided by said city court Act. Claims and illegalities. SEC. 4. Be it further enacted by the authority aforesaid, That section 39 of said Act, page 313, Act 1905, be amended by adding Page 272 to said section the following words, to wit: Provided, however, this shall not apply to civil cases returnable to the monthly sessions of said court, where no plea is filed and a jury demanded. If a plea is filed and a jury demanded, such case will stand for trial at the next quarterly session of said court, as other civil cases; but if no plea is filed, or a plea is filed and no jury demanded, such case will stand for trial and judgment at the return or first term of said court, with the same right of continuance as in other civil cases in said court; so that said section will read as follows: 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; provided, however, this shall not apply to civil cases returnable to the monthly sessions of said court, where no plea is filed and a jury demanded. If a plea is filed and a jury demanded, such case will stand for trial at the next quarterly session of said court as other civil cases; but if no plea is filed or a plea is filed and no jury demanded, such case will stand for trial and a judgment at the return or first term of said court, with the same right of continuance as in other civil cases in said court. Appearance and trial terms. SEC. 5. Be it further enacted by the authority aforesaid, That section 8 of said Act, page 306, Acts 1905, be, and it is, hereby amended, and the following exception is made as to the operation of the provision in regard to costs chargeable by the officers of said city court in civil cases, to wit: That the clerk and sheriff of said city court shall receive, as compensation for their services rendered, in civil cases returnable to the monthly sessions of said city court only, one-half the costs for all services rendered in such cases that they would get in the superior court, and judgment for the same shall be entered accordingly. Court costs. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 273 CITY COURT OF MONTGOMERY COUNTY ABOLISHED. No. 446. An Act to abolish the city court of Montgomery county; to provide that all cases pending therein and all unfinished business, books, papers and records thereof be transferred to the city court of Mt. Vernon, 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 Montgomery county, established by recommendation of the grand jury, in accordance with the provisions of sections 4270-4307 of the Code of Georgia of 1895, shall be abolished. City court of Montgomery county abolished. SEC. 2. Be it enacted by the authority aforesaid, That all cases pending in said city court of Montgomery county shall be transferred to the city court of Mount Vernon, to be disposed of as other cases therein. Cases, etc., transferred to city court of Mount Vernon. SEC. 3. Be it enacted by the authority aforesaid, That all mesne and final process from the city court of Montgomery county which has not been executed shall be returnable to the city court of Mount Vernon, 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 Mount Vernon. SEC. 4. Be it enacted by the authority aforesaid, That all mesne and final process from the city court of Montgomery 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 Mount Vernon. SEC. 5. Be it enacted by the authority aforesaid, That all dockets, minutes, records, books and papers of the city court of Montgomery county shall be turned over to the clerk of the city court of Mount Vernon. Dockets, etc., transferred. 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 Mount Vernon, in the city of Mount Vernon, in Montgomery county; but this Act shall not be effective until the above mentioned Act shall have become a law. Page 274 SEC. 7. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1906. CITY COURT OF MONTICELLO ESTABLISHED. No. 681. An Act to establish the city court of Monticello, in and for the county of Jasper; to define its jurisdiction and powers; to provide for the election of a judge and solicitor and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for writs of error therefrom, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Monticello is hereby established, in the city of Monticello, and created with criminal and civil jurisdiction over the whole county of Jasper; this Act to take effect upon the passage thereof, and the approval by the Governor. City court of Monticello. SEC. 2. Be it further enacted, That said city court of Monticello 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; always provided, that said city court of Monticello shall not have power to correct errors in inferior jurisdictions by the writ of certiorari, nor shall said city court of Monticello have power to entertain appeals from any inferior jurisdictions; and said city court shall not have power to issue writs of mandamus, or prohibition, or quo warranto, or to foreclose mortgages on real estate. In all suits brought in said court, in principal sums of $100 or less, the clerk shall only receive justice court cost, with recording fees in addition thereto, as hereinafter provided; and the sheriff shall only receive seventy-five cents for serving each copy of suit, and one dollar for each levy, in all cases in said city court of one hundred dollars or under. When the clerk and sheriff shall perform services for which no fees are provided in justice courts, they shall receive the same fees as are provided for in this bill for like services Page 275 in cases arising in this court when the suit or action is for the principal sum of more than $100. Jurisdiction in civil cases. SEC. 3. Be it further enacted, That the said city court of Monticello 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 Jasper. Jurisdiction in criminal cases. SEC. 4. Be it enacted, That there shall be a judge of said city court of Monticello, who shall be elected by the qualified electors of the county, who are qualified to vote for the members of the General Assembly of the State of Georgia, and such judge shall be commissioned by the Governor, as in other like cases. The judge of said city court of Monticello shall receive a salary of one thousand dollars per annum, which shall be paid to him from the county treasury of the county of Jasper by the officers of said county charged with the duty of disbursing the funds of said county, in monthly sums of equal amounts, which salary shall not be increased or diminished during his term of office, except to apply to a subsequent term. Judge. SEC. 5. Be it further enacted, That no person shall be eligible to the office of judge of said city court of Monticello who has not attained the age of thirty years, and who has not resided in the county of Jasper five years immediately preceding his election; and on and after the first Wednesday in January, 1910, no person shall be eligible to the office of such judge unless in addition to the foregoing qualifications he shall also have been a practicing attorney for at least five years before his election; provided, that this last qualification shall not be held to disqualify the incumbent on the first Wednesday in January, 1910, from filling out his term of office. He shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Monticello, 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 Sates; so help me God; and said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. Said judge may practice law in any other court except the court created by this Act, and except in the Supreme Court in cases arising in the city court of Monticello. He shall have authority to issue criminal warrants, to dispossess tenants holding over, and intruders, to Page 276 issue distress warrants and generally do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Judge SEC. 6. Be it further enacted, That there shall be a solicitor of said city court of Monticello, who shall be elected in the same manner as is provided for the election for judges of the city court of Monticello, in this Act. No person shall be eligible to the office of solicitor of the city court of Monticello who shall not have attained to the age of twenty-five years, and who has not been a practicing attorney for three years next preceding his election, and who has not resided in the county of Jasper three years next preceding his election. He shall, before entering upon the duties of his office take the oath of office required of solicitor-general. The fees of the solicitor of the city court of Monticello shall be the same as the fees of the solicitor-general for like services in the superior court. Solicitor. SEC. 7. Be it further enacted, That the term of office of the judge of the city court of Monticello shall be four years, beginning on the first day of November, 1906, and the term of office of the solicitor of said court shall be two years, beginning on the first day of November, 1906. Terms of office. SEC. 8. Be it further enacted, That it shall be the duty of the ordinary of the county of Jasper to call an election for judge and solicitor for the city court of Monticello within thirty days from the passage of this Act, and the persons elected to said offices, after taking and subscribing the oath of office in this Act provided, shall assume the duties of their respective offices on the first day of November, 1906. Election. SEC. 9. Be it further enacted, That on the first Wednesday in January, 1910, there shall be held an election for judge of the city court of Monticello, and quadrennially thereafter on the first Wednesday in January; and on the first Wednesday in January, 1908, an election shall be held for the office of solicitor of the city court of Monticello, and biennially thereafter on the same day. Election. SEC. 10. Be it further enacted, That in case of any vacancy in the office of either the judge or solicitor, from death, removal, resignation or otherwise, it shall be the duty of the Governor to appoint some eligible and suitable person to fill such vacancy until a successor can be elected and qualified. Upon the occurrence of any vacancy, it shall be the duty of the ordinary of the county of Jasper, within twenty days from the beginning of such vacancy, to call an election to fill such vacancy; and the person or persons elected shall be elected to fill the unexpired term only. Vacancies. SEC. 11. Be it further enacted, That the clerk of the superior Page 277 court of Jasper county shall be ex-officio clerk of the city court of Monticello, and in his official connection with said city court shall be known as clerk of the city court of Monticello. He shall have power to appoint a deputy or deputies. All the powers and duties attached to the office of clerk of the superior court shall be attached to the office of clerk of the city court of Monticello. He shall give bond in the sum of one thousand dollars for the faithful performance of the duties of the office of clerk of the city court of Monticello. The sheriff of the county of Jasper shall be ex-officio sheriff of the city court of Monticello, and in his official connection with said court shall be known as the sheriff of the city court of Monticello. He shall be required to give bond in the sum of two thousand dollars for the faithful performance of the duties of such office. He shall have power to appoint a deputy or deputies. All the duties and liabilities attached to the office of sheriff of Jasper county shall attach to the office of sheriff of the city court of Monticello. Clerk. Sheriff. SEC. 12. The judge of the city court of Monticello shall have power to exercise the same authority over the clerk and sheriff and their deputy or deputies as is exercised by the judges of the superior courts over the clerks and sheriffs in the counties of Georgia. If either the clerk or the sheriff shall fail to give bonds required by this Act within sixty days, the judge is hereby authorized to appoint a clerk or sheriff, as the case may be, who shall give like bond before entering on the duties, and his term shall expire at the same time as that of the sheriff or clerk of the superior court. In all cases, the clerks and sheriffs of the city court of Monticello shall take and subscribe the same oath as the clerks and sheriffs of the superior courts in this State. Clerk and sheriff. SEC. 13. Be it further enacted, That in all civil cases arising in said city court of Monticello, where the principal sum involved is more than one hundred dollars, the clerk and sheriff shall receive the same fees as are now allowed for similar services in the superior court; and in criminal cases they shall in like manner receive the same fees as are now allowed for similar services in the superior court. Except, that in cases where there is no indictment, the clerk shall receive only three dollars for each case, and the sheriff shall receive the sum of two dollars per day for attending the court, not to exceed sixteen days in the year; and the sheriff shall receive the sum of five dollars for summoning jurors to the regular terms of said court. The clerk of said court shall receive no per diem for attendance on the court. The sheriff shall be paid his per diem and for summoning the jury from the county Page 278 treasury, in the same manner as he is paid for similar services in the superior court. The clerk shall receive the sum of ten cents per hundred words for recording in the manner as he now receives for recording in the superior court. Fees of clerk and sheriff. SEC. 14. Be it further enacted, That the judge of the city court of Monticello 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. 15. Be it further enacted, That there shall be six regular terms of said city court of Monticello, annually, as follows, to wit: On the second Mondays in January, March, May, July, September and November; and, beginning on the second Monday in November, 1906. The judge of said court shall have power to hold said court in session and adjourn from time to time; provided, that said court shall be finally adjourned at least five days before the next succeeding term. 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 hereinafter provided; but the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof and be directed to and served by the sheriff of the said city court, or his deputy. Proceedings. SEC. 17. Be it further enacted, That in all matters pertaining to the time of commencing suit, to service, pleading and practice, the laws governing the superior court, where not inconsistent with the provisions of this Act, and unless otherwise provided by this Act, shall be applicable to said city court. 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 of which said city 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 his attorney, in writing, within thirty days after the first day of the term to which said cases are returnable. In all cases where such party is entitled to trial 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. 19. Be it further enacted, That all judgments obtained in said city court shall be a lien on all the property of the defendant or the defendants throughout the State, in the same manner as judgments of the superior courts are. But the property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said court, and all executions Page 279 issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputy of said city court of Monticello, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments, lien of. SEC. 20. 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 court, and such claims shall be tried in the same manner as claims in the superior court. Claims. SEC. 21. Be it further enacted, That claims to real property levied on under execution or other process from said city court shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior courts. Claims to realty. SEC. 22. Be it further enacted, That all laws upon the subject of attachment and garnishment, as to any matter whatever, in the superior courts of this State shall apply to said city court, as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court, or returnable to said court, shall be directed to the sheriff, or his deputies, of the city court of Monticello, and to all and singular the sheriffs and constables of this State; and the judge of said city court may, or any justice of the peace or notary public and ex-officio justice of the peace, may issue attachments returnable to said city court, under the same laws that govern the issuing attachments returnable to the superior courts. Attachments and garnishments. SEC. 23. Be it further enacted, That garnishment proceedings in said city court shall be conformable to the laws of the State in the superior court. When any garnishment proceedings are commenced under section 4715 or 4716 and 4717 of the Code of Georgia, of 1895, volume 2, based upon suit pending in this court, or judgment obtained in this court, the person served with a summons of garnishment residing in a different county than the county of Jasper, 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. 24. 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. 25. Be it further enacted, That the general laws of this State, with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations, examinations of parties to suits, or witnesses, by interrogatories, or Page 280 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. Pleadings. SEC. 26. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, in all cases according to the general laws of this State, and the judge and 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 in like cases might 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; and the judge of said city court shall have all the power and authority throughout his jurisdiction of judges of the superior courts, except where by law exclusive power and authority are 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, except as herein provided. Judge, powers of. SEC. 27. Be it further enacted, That said city court of Monticello shall be a court of record, and shall have a seal and the minutes, records, order and other books and files that are required by law and rules to be kept for the superior courts shall be kept in and for said city court, and in the same manner; and all laws applicable to the duties of the clerk and sheriff in the superior courts shall apply to them in said city courts, except where they are in conflict with the provisions of this Act. Court of record. SEC. 28. Be it further enacted, That all laws regulating the enforcing of judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same in the superior courts. Judgments, how enforced. SEC. 29. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Contempt. SEC. 30. Be it further enacted, That all persons liable to serve as grand and petit jurors in the superior court of said county of Jasper 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 names of all persons liable to serve as grand and Page 281 petit jurors in the superior court of said county, to be taken from the list of the 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 make out tickets equal in number to the number of names in said lists, and write upon each the name of one of 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. 31. Be it further enacted, That during the session of said city court, at each term, in open court, the judge of said court, or the judge of the superior court, when presiding in said court, shall draw from said box numbered one twenty-four names of persons to serve as jurors at the next term of said city court, and they shall be summoned by the sheriff or his deputy as jurors are drawn and summoned in the superior court. The clerk of said city court shall record the list of names so drawn, and then place them in another box, to be provided as above stated, and numbered two. The judge of said court, for the first term of said court held under this Act, may draw a jury in the same manner herein provided as soon as he is elected and qualified, and have them served five days before said term; but this shall not apply to any other term of said court. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed and shall not be opened by any person except the judge of said city court, or the judge of the superior court when presiding in his place, for the purpose of drawing juries in open court, except in cases where, from failure to draw a jury at term time, or from any other cause, it may be necessary to draw a jury in vacation. Should it become necessary to draw a jury in vacation, the judge of said court, or the judge of the superior court, may at any time fifteen days before the next term of said court, in the presence of the clerk and the sheriff of said city court, proceed to draw juries in the same manner as above described. The clerk shall keep the said jury-boxes and the sheriff of said court shall keep the key. Juries. SEC. 32. Be it further enacted, That the clerk shall make out a precept containing the names of the persons drawn as above directed, and a summons for each juror, and deliver the same to the sheriff of said city court fifteen days before the next term of Page 282 said court, who shall serve each of said persons by handing a summons personally, or leaving the same at his most notorious place of abode, at least ten days before the term of said court at which he is required to attend. Jurors. SEC. 33. Be it further enacted, That the judge of the city court of Monticello shall have power and authority to cause tales jurors to be summoned to serve in place of any juror who is absent or has been excused, or who for any cause is disqualified; and shall have power and authority to cause to be summoned an extra panel of tales jurors of twelve persons whenever in his discretion the business of the court demands the same, and in the same manner as the judges of the superior court may. All the rules regulating juries in the superior courts, where not in conflict with this Act, and where no special provision is made in this Act, and where the same may be applicable to the city court of Monticello, shall be applicable to said city court. Tales jurors. SEC. 34. Be it further enacted, That in all cases each party shall be entitled to a list of twenty-four jurors, from which to strike a jury, and in civil cases each party shall be entitled to six strikes, and in criminal cases the State shall have five and the defendant seven strikes, and the jury impaneled to try the case shall consist of twelve persons. Jury strikes. SEC. 35. Be it further enacted, That the defendants in criminal cases in said city court of Monticello may be tried on written accusation, setting forth plainly the offense charged, founded on affidavit made by the prosecutor, and said accusation shall be signed by the prosecutor and the prosecuting officer of said court. Before the arraignment of the defendant, the judge of said court shall inquire of him whether he demands indictment, and the response of the defendant shall be indorsed on said accusation and signed by the prosecuting officer of said court. If the defendant demands indictment the judge of said court shall, in the event of the inability of said defendant to furnish proper bail which shall be required of him for his appearance to answer such indictment that may be found against him, conformable to the general law of bail in criminal cases, commit said defendant to the common jail to await the action of the grand jury in such cases. In the event a true bill is found, or special presentment made in such case, and returned to said city court of Monticello, all subsequent proceedings shall be in conformity with the laws regulating the trial of misdemeanors in superior courts; but the jury shall be selected in the manner provided for in this Act. If the defendant waives indictment, the judge of said city court shall inquire Page 283 of him whether he demands a trial by jury, and the response of the defendant shall be indorsed on the accusation and signed by the prosecuting officer of said court. If the defendant demands a trial by jury the judge of said court shall proceed with said cause, if at regular term of said court, according to the rules and laws of the superior courts applicable to the trial of misdemeanors, but the jury shall be selected in the manner prescribed 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 said criminal cases conformable to the laws governing the superior courts, and the same may be applicable; provided, always, that a reasonable time may be granted to the State, or the defendant, to procure witnesses. Accusation. Trials in criminal cases. SEC. 36. Be it further enacted, That the judge of the superior court of Jasper county may send down from the superior court of said county all presentments and bills of indictment for misdemeanors to said city court for trial. The order so transmitting said cases shall be entered on the minutes of both said courts. Transfers from superior court. SEC. 37. Be it further enacted, That it shall be the duty of all justices of the peace and notaries public in Jasper county to bind over to said city court all persons charged with offenses committed within the limits of Jasper county over which the city court has jurisdiction, to answer for said offenses. Appearance bonds. SEC. 38. 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 writs of error and filing of bills of exceptions in the superior courts of this State. Writ of errors. SEC. 39. Be it further enacted, That in all cases in said court the same powers and the rights of parties as to the waiver in pleading or procedure or other matter pertaining to the same, shall be allowed and upheld by the laws and rules governing parties in the superior courts. Procedure. SEC. 40. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of Jasper county shall be, and are, hereby transferred to said city court of Monticello, and the same shall be placed on the proper docket of 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 Page 284 of the sheriff or county court bailiff of Jasper county court, or other parties, which are made returnable to the county court of Jasper county, are hereby made returnable to the city court of Monticello. The judge and other officers of said city court shall have power and authority to issue and enforce the same in the name of the city court of Monticello 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 Jasper 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 of Jasper county. SEC. 41. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of 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. New trials. SEC. 42. Be it further enacted, That all jurors in said city court of Monticello shall receive the sum of $1.25 per day for each day of actual service, and shall be paid in the same manner and under the same rules and regulations as jurors in the superior courts. Per diem of jurors. SEC. 43. Be it further enacted, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more resides in the county of Jasper, may be brought in said city court of Monticello, 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 the suit. Joint promisors, etc. SEC. 44. Be it further enacted, That all rules of the superior court relating to continuances, motions, pleas and practice shall be applicable to said city court, and shall obtain therein. Practice. SEC. 45. Be it further enacted, That the solicitor of said court shall have for his services in the Supreme Court the same fees as now provided by law for solicitors-general in misdemeanor cases for similar services, to be paid out of the treasury of the State, by warrant drawn by the Governor upon the certificate of the clerk of the Supreme Court, after the performance of such service, Page 285 and the certificate of the clerk of the city court of the insolvency or acquittal of the defendant. Fees of solicitor in Supreme Court. SEC. 46. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance or return term; the second shall be the trial or judgment term, and all the laws, rules and practice in said court with reference to the terms thereof, and to the continuances, pleadings and trials of causes therein, shall be the same as in the superior court, unless otherwise provided in this Act. Appearance and trial terms. SEC. 47. Be it further enacted, That whenever the judge of said city court is, from any cause, disqualified from presiding, and the judge of the superior court is not present to preside in said court, as provided for in the Constitution, then, upon consent of the parties, 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. 48. 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. Court costs. SEC. 49. Be it further enacted, That in all criminal cases tried and disposed of in said city court of Monticello, the costs due the county for keep of prisoners in such cases shall be collected as are the costs of the officers of the court. In all cases of acquittal, or where such costs are not collected, which may be due the county, the same shall be charged against the fines and forfeitures, as insolvent cost, in favor of the county of Jasper, and shall share in the distribution of fines and forfeiture funds, in the same manner as the cost bills of the officers of said court. Costs, fines and forfeitures. SEC. 50. Be it further enacted, That within five days from the adjournment of any term of the court, it shall be the duty of the sheriff to make out a bill for all insolvent cost due to him, and to the county, and present the same for the approval of the judge; and in like manner the solicitor and the clerk shall make out their accounts for insolvent costs due them, and when approved, the same shall be entered upon the minutes of said court. The same shall be a lien upon all fines and forfeitures arising in said court, and shall be paid out by order of the judge to each of the officers of said court, and to justices of the peace and constables, as in the superior courts of this State. In all other respects, the fines and Page 286 forfeiture funds arising in said city court of Monticello shall be paid out in the same manner as like funds in the superior court. Insolvent costs. SEC. 51. That in all cases where cost due the county and moneys due the county arising from fines and forfeitures shall be collected by the sheriff and paid over to the county treasurer for general purposes. And it shall be the duty of the sheriff to collect all cost and moneys due to justices of the peace and notaries public and constables and pay over the same to the respective officers entitled thereto. Costs, how collected. SEC. 52. Be it enacted, That in all civil cases in the quarterly term of the county court of Jasper, which were returnable to the October term, 1906, thereof, shall stand for trial at the January term, 1907; and in all cases returnable to the monthly terms of the county court for trial at the November term, 1906, thereof, shall stand for trial at the November term, 1906, of the city court of Monticello. Trials in transferred cases. SEC. 53. Be it further enacted, That said city court of Monticello shall be held at the court-house of Jasper county, in the city of Monticello. The proper authorities of the county of Jasper shall provide the necessary books for keeping the dockets, minutes and records in the same manner as for the superior courts. Court-house, etc. SEC. 54. 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 21, 1906. CITY COURT OF MOULTRIE, ACT CREATING AMENDED. No. 652. An Act to amend an Act to establish a city court of Moultrie, in the city of Moultrie, in and for the county of Colquitt; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of judge and other officers thereof, and for other purposes, approved November 13, 1901, so as to make the salary of the judge thereof twelve hundred dollars per annum; to prescribe the rights of the judge to practice law, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State Page 287 of Georgia, and it is hereby enacted by authority of same, That section 4 of said Act be amended by striking therefrom the words seven hundred and fifty dollars ($750) and insert in lieu thereof the words twelve hundred dollars ($1,200); so that said section as amended shall read as follows: Sec. 4. Be it further enacted, That there shall be a judge of the said city court of Moultrie, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be for the term of four years, and all vacancies shall be filled by appointment by the Governor for the remainder of the unexpired term, such appointment being subject to the approval of the Senate, which may be then in session; or if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at any session thereafter; provided, that the judge first appointed under this Act shall, if the Senate be not in session, or shall fail to act, hold and fill the office subject to the approval of the Senate at any session thereafter. The judge of said city court of Moultrie shall receive a salary of 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 Colquitt. City court of Moultrie. Judge. SEC. 2. Be it further enacted, That section 6 of said Act be amended by adding at the end of said section the following: Provided, that that part of this Act which prevents the judge from practicing law in said court and in the Supreme Court in any case originating in said city court shall not apply to cases pending in which said judge is counsel of record prior to his appointment as judge; so that said section when amended shall read as follows: Sec. 6. Be it further enacted, That the judge of the city court of Moultrie shall have the right to practice law in all the courts except said city court, the Supreme Court on writs of error from said city court, and in any case originating in said city court; provided, that that part of this Act which prevents the judge from practicing law in said court and in the Supreme Court in any case originating in said city court, shall not apply to cases pending in which said judge is counsel of record prior to his appointment as judge. Judge. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 20, 1906. Page 288 CITY COURT OF MOUNT VERNON ESTABLISHED. No. 445. An Act to establish the city court of Mount Vernon, in the city of Mount Vernon, Montgomery 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 and new trials therein; for the carrying of cases therefrom to the Supreme Court direct by bill of exceptions on writ of error, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Mount Vernon, to be located in the city of Mount Vernon, in the county of Montgomery, is hereby established and created, with civil and criminal jurisdiction over the whole county of Montgomery, concurrent with the superior court, to try and dispose of all civil cases of whatever nature, 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 Montgomery; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but all kinds of suits and proceedings which are now, or hereafter may be, in use in the superior courts, either under the common law or statute, including, among others attachments and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages upon personalty and quo warranto; provided, that in cases instituted in said city court in which the amount claimed or involved is less than fifty dollars, the defendant shall not be liable for more than justice court costs, and the officers of said court may refuse to file such suits unless the plaintiff pays the difference between the justice court and the city court costs at or before the filing of such suit; provided further, that the said city court of Mount Vernon shall have jurisdiction to try and dispose of trover proceedings for any sum whatever, and provided further, that the proviso in reference to costs in cases where the Page 289 amount involved is less than fifty dollars shall not apply to trover proceedings. City court of Mount Vernon, jurisdiction. SEC. 2. Be it 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 Montgomery, 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 on the first Wednesday in October, 1906, 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, 1907, and hold his office for a period of two years, or until January 1, 1909. His successor shall be elected at the general election for members of the General Assembly, to be held on the first Wednesday in October, 1908, and shall go into office on the first day of January, 1909, and shall hold his office for a term of four years. The time of election of said judge of said city court of Mount Vernon shall be the same as the ordinary of Montgomery county. Immediately after this Act is approved by the Governor of this State, the said Governor shall appoint a judge of said city court to serve from the time of his appointment until the first day of January, 1907; said appointment to be by and with the advice and consent of the Senate. 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 Montgomery county two years immediately preceding his election, or 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 alike to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Mount Vernon, 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 city court shall receive a salary of nine hundred ($900.00) dollars per annum, which shall not be increased nor diminished during his term of office, and which salary shall be paid monthly Page 290 by the treasurer of the county of Montgomery, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provision annually for the payment of said salary by levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. Judge. SEC. 3. Be it further enacted by the authority aforesaid, 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 [Illegible Text] 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 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 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 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 the judge of said city court, so far as the same may be applicable, except as herein provided. Powers of judge. SEC. 4. 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 except as otherwise provided by this Act. All rules of pleading, practice and procedure governing motions, rule 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 Page 291 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 motion must be governed by the ordinary rules aforesaid. Should a new trial be granted in any case, either in a civil or criminal case, either party shall have the right to demand a jury trial, without regard to whether or not the preceding trial was without a jury; and the judge of the said city court shall have authority to issue writs of habeas corpus, and to hear and dispose of the same in the same manner and with the same power as judges of the superior courts, unless otherwise provided by the general laws of this State. New trials. Habeas corpus. SEC. 5. Be it further enacted by the authority aforesaid, That a writ of error direct from the said city court of Mount Vernon 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. 6. Be it further enacted by the authority aforesaid, That in the absence of the judge of said city court, from indisposition or otherwise, from any term of the said city court, it shall be the duty of the clerk or the sheriff of the said city court to open and adjourn said court to such time as the judge may in writing direct. The judge of the said city court may hold adjourned terms thereof, 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. Adjournment. SEC. 7. Be it further enacted by the authority aforesaid, That the sessions of the said city court of Mount Vernon shall be held in the court-house of Montgomery county, in the city of Mount Vernon, or at some other place in said city if at any time it should become necessary in the opinion of the judge of said court. Court-house. SEC. 8. Be it further enacted by the authority aforesaid, That when the judge of said city court is disqualified from presiding, the judge of any city court of like character in this State may preside in his stead, and if a judge of a city court of like character can not, from any cause, be procured to preside, then upon the consent of the parties any 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 of like character in this State may preside in said city court of Mount Vernon, in any and all cases, whether the judge of the city court of Mount Vernon is disqualified or not. Judge pro hac vice. Page 292 SEC. 9. Be it further enacted by the authority aforesaid, That the judge of the city court aforesaid shall have the same power to enforce the orders thereof, 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. Judge, powers of. SEC. 10. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Mount Vernon, who shall be elected by the qualified voters of the county of Montgomery, and who shall hold his office for a term of two years, and if there should be a vacancy in the office of solicitor of said city court, the Governor shall, by appointment, fill the same for the unexpired term and until the election and qualification of his successor. The first election for said solicitor of said city court shall be held at the general election on the first Wednesday in October, 1906, under the rules and regulations governing the election of members of the General Assembly; and the solicitor elected on said date shall go into office on the first day of January, 1907, and hold his office for a period of two years, or until January 1, 1909. His successor shall be elected at the general election for members of the General Assembly, to be held on the first Wednesday in October, 1908, and shall go into office on the first day of January, 1909, and shall hold his office for a term of two years. The time of the election of said solicitor of said city court of Mount Vernon shall be the same as the election of the members of the General Assembly of said State. Immediately after this Act is approved by the Governor of this State, the said Governor shall appoint a solicitor of said city court, to serve from the time of his appointment until the first day of January, 1907, said appointment to be by and with the advice and consent of the Senate. The qualifications of the said solicitor shall be that he is at least twenty-one years of age, that he has been a practicing attorney for one year, and a resident of Montgomery county for two 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 regularly elected solicitor of the said city court. The said solicitor shall, before entering upon the duties of his office, give bond Page 293 with good security in the sum of one thousand dollars, to be approved by the ordinary of the said county of Montgomery, payable to the Governor of the State of Georgia, and his successors in office, 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 favor, fear or affection, discharge my duties as the solicitor of the city court of Mount Vernon; so help me God, which said oath shall be entered on the minutes of the said city court by the clerk thereof, and said bond may be sued on by any person interested therein; and the said bond aforesaid shall be filed with the ordinary of the county of Montgomery. Solicitor. SEC. 11. 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 of Georgia, by warrant drawn by the Governor upon the certificate of the clerk of the Supreme Court, as to the performance of said services, and upon the certificate of the clerk of the city court of the insolvency or the acquittal of the defendant. Fees of solicitor in Supreme Court. SEC. 12. Be it further enacted by the authority aforesaid, That the judge of the said city court shall have the same power to appoint bailiffs at each term of the court that judges of the superior court have, who shall be entitled to the same pay as that prescribed for bailiffs in the superior court. Bailiffs. SEC. 13. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Montgomery county shall be the clerk of the city court of Mount Vernon, and said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also, before entering upon the duties of the office execute a bond with good security in the sum of one thousand dollars, payable to the Governor of said State and his successors in office, for the faithful discharge of the duties of the office; which said bond shall be approved by and filed with the ordinary of said county of Montgomery. Clerk. SEC. 14. Be it further enacted by the authority aforesaid, That the sheriff of the superior court of Montgomery county shall be the sheriff of the city court of Mount Vernon. Before entering upon the discharge of the duties of the office, said sheriff shall excute a bond with good security in the sum of three thousand dollars, payable to the Governor and his successors in office, conditioned for the faithful performance of the duties of his office, Page 294 which said bond shall be approved by and filed with the ordinary of said county of Montgomery. He shall have the power to appoint a deputy or deputies, with the consent of the judge of said city court. Sheriff. SEC. 15. Be it further enacted by the authority aforesaid, That all the duties attached to the office of the clerk of the superior court, and to the office of sheriff of the superior court, shall be attached to the office of clerk of the city court of Mount Vernon, and to the office of the sheriff of the city court of Mount Vernon, respectively. The judge of said city court of Mount Vernon is empowered to exercise the same authority over said clerk and sheriff and their departments as is exercised by the judge of the superior court over the clerk and sheriff of the superior court. Duties of clerk and sheriff. SEC. 16. 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 shall be paid three dollars per day, for their attendance upon the quarterly terms of said court; and the clerk of said city court, and the sheriff of said city court, shall receive one dollar and a half per day for their attendance upon the monthly terms of said city court; and they and each of them shall receive for all other services the same fees allowed by law for like services in the superior court, except as hereinafter provided; and for services rendered where no compensation is provided by law, they shall receive such compensation as the judge of said city court shall, in his discretion, allow. They shall be amenable to the same processes and penalties that 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. Per diem and fees of clerk and sheriff. SEC. 17. Be it further enacted by the authority aforesaid, That in said city court the same rules of procedure, service, pleading and practice shall govern as now obtain in the superior court, except as otherwise provided in this Act. Suits for not over one hundred dollars principal and all other issues and proceedings when not over one hundred dollars in value or amount 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, however, that in any case where an issuable defense is filed on oath and a jury is demanded, the same shall be transferred to the next quarterly term and there stand for trial by a jury. Ordinary suits brought to the said monthly session shall be filed in the clerk's office of said city court at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before Page 295 said term. All other causes and proceedings must be brought to the quarterly terms and 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 court, except as is hereinafter provided. All judgments obtained in the said city court shall be a lien on all the property of the defendant throughout this State in the same manner as judgments of the superior courts are. All laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to the said city court so far as the nature of the said city court will admit. The judge of the said city court, or any other officer authorized by law to issue attachments may issue the same returnable to the said city court under the laws governing the issueing of attachments in the superior court; and all attachments returnable to the city court of Mount Vernon shall be directed to all and singular the sheriffs and constables of this State, and may be served by the sheriff of said 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 city court shall be made to conform to the laws in force in this State on the same subject in the superior court. Procedure. Attachments and garnishments. SEC. 18. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be made to conform to the mode of procedure in the superior court, except as otherwise provided in this Act; but the process to writs shall be annexed by the clerk of the said city court and shall bear test in the name of the judge thereof, and shall be directed to and served by the sheriff and his lawful deputies of the city court of Mount Vernon. The general laws in this State governing the commencement of suits in the superior court and of set-offs, recoupments, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories or by depositions or by subp[oelig]na; including testimony de bene esse, witnesses and their attendance, continuances, pleas, demurrers and other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to the said city court, unless otherwise provided in this Act. It shall be competent to make additional parties to suits or proceedings in said city court whenever it becomes necessary to determine the rights of interested persons without reference to who were the original parties or the nature of the proceedings. That scire facias to make parties and to revive judgments in any cause in said city court shall be had therein as obtains in the superior court, but scire facias shall run Page 296 throughout the State, and may be served by any sheriff or his deputy of the superior court or any city court of said State. Pleadings. SEC. 19. Be it further enacted by the authority aforesaid, 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 of every year, and the quarterly terms shall be held on the third Monday in September, December, March and June of each year. All terms of said city court shall be held at the court-house, in the city of Mount Vernon, in the county of Montgomery, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of the said city court shall, in his discretion, hold his court in the same place at any other time than a regular term, either monthly or quarterly, for the transaction of criminal business which does not require a jury, so as to dispose of the same as speedily as possible consistent with the interest of the State and the accused. Said city court judge may also, in his discretion, set cases for trial at a convenient time, and the same may be tried as if in term, whether the said city court has been held from day to day until the said time or not. Terms of court. SEC. 20. Be it further enacted by the authority aforesaid, That the first term to which any suit is brought to said city court, whether monthly or quarterly session, shall be the trial term thereof, and the judge may hear and determine said cause and give judgment therein at said term; provided, however, that either party to the cause may, on or before the call of said case, enter a demand in writing, by himself or his attorney, for a trial by jury in said court, in which even the said cause shall be continued until the next quarterly term, unless the parties to the case consent to a trial before a jury at the said first term. Trial term. SEC. 21. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the superior courts, both civil and criminal, shall be applicable to said city court; but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said city court, and all executions issuing from said city court shall bear test in the name of the judge thereof and be signed by the clerk, directed to the sheriff and his lawful deputies of the city court of Mount Vernon, and to all and singular the sheriffs and their lawful deputies of the superior and city courts of said State. Judgments how enforced. SEC. 22. Be it further enacted by the authority aforesaid, That the city court of Mount Vernon shall be a court of record; shall have a seal, and the minutes, records, order and other books and Page 297 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 court shall be applicable to them in the said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 23. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Mount Vernon shall be procured in the following manner: The clerk of the 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 tickets or pieces of paper the names of each person upon the traverse jury list of the superior court of said county, and shall place all of the said names in the city court jury box from which shall be drawn twenty-four traverse jurors to serve in said city court. All laws with reference to the drawing, summoning and empaneling of traverse jurors in the superior court shall apply to the said city court, and the judge of said city court shall have the same power to summon tales jurors for the city court that the judges of the superior court have for superior court. The sheriff of the said city court shall receive the sum of five dollars for summoning the said jurors. 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 court are or may hereafter be paid. That all laws in reference to qualification, relation, exemptions, 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. 24. Be it further enacted by the authority aforesaid, That the twenty-four jurors drawn and summoned as above provided shall constitute two panels, and shall be known as panels number one and number two, and in all cases, civil or criminal, when a jury trial is demanded, a trial by a jury of twelve shall be had in said court, but a trial by a jury of twelve may be waived, and in that event the jury shall consist of eight jurors. 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; the twelve men thus selected shall constitute the jury. When a jury of twelve shall have retired for the purpose of considering a case, and a trial by a jury of twelve has been waived, the remaining twelve may be used by the parties agreeing to the same, and this shall constitute a legal panel, from which in civil Page 298 cases each side shall have two strikes, and in criminal cases the defendant shall have three strikes and the State one, and the remaining eight shall constitute the jury. If at any time it becomes necessary, the judge of said city court is hereby empowered to have summoned instanter tales jurors necessary to complete the panel. During the session of each quarterly term of said city court the judge thereof, 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 the said city court may draw a jury at some other time not less than thirty days prior to the quarterly term of said court. Juries. SEC. 25. Be it further enacted by the authority aforesaid, That sales made under executions 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 term, including those originating in the monthly terms, but transferred to and tried by a jury in the quarterly term, shall be made returnable to the next monthly term thereafter, and the property seized under such execution shall be advertised not less than ten days in three public places in the said county of Montgomery by posting notices thereof, one of which shall be posted at the court-house door in the city of Mount Vernon. Sales under xecutions. SEC. 26. Be it further enacted by the authority aforesaid, That said city court shall have jurisdiction to try all claim cases and illegalities 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, from the superior court of Montgomery county, and to proceed to forfeit such bonds or recognizances, as are given by persons charged with penal offenses, or by prosecutors to prosecute, or witnesses to appear and testify, under the same rules as obtain in the superior courts in this State, whatever may be the amount of such bonds or recognizances, and rules nisi in cases of forfeiture where the amount claimed does not exceed one hundred dollars, shall be made returnable to and stand for trial at the next monthly term of said city court sitting at not less than fifteen days after the granting of said rule; provided, that said rules must be served at least ten days before the said term. Where the amount of a bond is more than one hundred dollars, the rule must be made returnable to and disposed of at the next quarterly term of said court, sitting not less than thirty days from the granting of said rule, Page 299 said rule to be served at least fifteen days before the said quarterly term. Claims. SEC. 27. Be it further enacted by the authority aforesaid, That when any realty is levied on under any process from said city court and a claim is filed thereto, it shall be returnable 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. 28. 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 may reside in the county of Montgomery, may be brought in said city court within its jurisdiction, under the same rules and regulations governing such cases in the superior court, mutatis mutandis as to copies, second originals, returns and other matters connected with the suits. Joint promisors, etc. SEC. 29. Be it further enacted by the authority aforesaid, That all criminal cases in said city court, including cases transferred from the superior court of Montgomery 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 shall be entered on the indictment, presentment or accusation by the solicitor of said city court. If the defendant demands a trial by jury, and the court is not sitting at a regular term at which a jury is empaneled, the judge shall admit the defendant to bail to appear at the next quarterly term, or, on 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, however, that a reasonable time shall be granted the State and the accused to procure witnesses and prepare for a trial before said judge. Trials in criminal cases. SEC. 30. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said court shall be tried on written accusation setting forth plainly and distinctly the offenses charged, founded upon an affidavit of the prosecutor, made before the judge of said court, or before the clerk of said city court of Mount Vernon, and signed by the solicitor of the said city court, or by a solicitor pro tem. properly appointed, and by the prosecutor; and in no criminal case within the jurisdiction of said city court shall the defendant have the right to demand an indictment by the grand jury of Montgomery Page 300 county. All the proceedings after accusation shall conform to the rules governing like causes 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 pleading to be observed in bills of indictment in the superior court. When an accusation is preferred in said court the same shall be filed with the clerk thereof, and the judge of said court shall issue a warrant directed to the sheriff of said city court or his lawful deputy, and to all and singular the sheriffs of said State and their lawful deputies, for the apprehension or arrest of the party charged therein. Accusation. SEC. 31. Be it further enacted by the authority aforesaid, That the judge of the superior court of Montgomery county shall transmit, by appropriate order, from the superior court to the said city court, for trial and final disposition, all presentments and indictments of which the said city court has jurisdiction which may be undisposed of at the close of each term of the superior court of said county, and no order transmitting such cases shall be entered on the minutes of both 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, who are ex-officio justices of the peace, and all mayors of incorporated towns or cities in the county of Montgomery, to bind over to said city court all persons charged with offenses committed within the limits of Montgomery county of which said city court has jurisdiction, there to answer for said offense. Appearance bonds. SEC. 33. Be it further enacted by the authority aforesaid, That the clerk and the sheriff of the said city court of Mount Vernon shall receive in all civil business transacted in said court in which the principal sum does not exceed one hundred dollars one-half of the fees which the clerk and sheriff respectively of the superior court receive. That this provision shall not apply to cases of trover brought in said city court. In all other cases, unless otherwise provided in this Act, they shall receive the same fees as are allowed for similar services in the superior court. Fees of clerk and sheriff. SEC. 34. Be it further enacted by the authority aforesaid, That all laws now of force in this State, or that may hereafter be passed, with reference to any matters over which said city court has jurisdiction, shall apply to the said city court as far as the nature of the same will permit. General law. SEC. 35. Be it further enacted by the authority aforesaid, That Page 301 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 court shall examine and approve the accounts of the various officers for cost and distribute the accumulated fund arising from fines and forfeitures as follows: The fund arising from cases originating in the city court shall be kept separate and distinct from the fund arising from cases transferred from the superior court. The costs in each particular case from which the fund is derived shall be first paid. The balance of the fund derived from cases originating in the city court shall be prorated among the solicitor, the clerk, the sheriff of said city court, the justices of the peace and the constables on their bills for insolvent costs. The balance of the fund derived from transferred cases shall be prorated among the solicitor-general, the solicitor of the city court, the clerk, the sheriff and the justice of the peace and constables on their insolvent costs which have accrued in transferred cases. If at any time after a distribution as above set forth there should be a surplus of the fund arising from fines and forfeitures, the judge shall order the same paid over to the county treasurer, where the same shall be applied by the county commissioners for county purposes. The said commissioners shall have power and authority to work or hire the convicts of said city court subject to the laws governing the working and hiring of the misdemeanor convicts of this State. If the convicts are hired the costs due in the particular cases shall be paid from the amount received as hire, and the balance shall be paid over to the treasurer to be used for county purposes. If the commissioners elect to work the convicts in a county chain-gang, then it shall be the duty to pay the officers entitled the costs due them in each case from fund in the county treasury. All insolvent costs bills shall, after approved by the judge, be entered on the minutes of the city court. Fines and forfeitures. SEC. 36. Be it further enacted by the authority aforesaid, That all cases, both civil and criminal, and all other matters now pending in the city court of Montgomery county on the date of the passage of an Act repealing the city court of Montgomery county, shall be, and are, hereby transferred to the city court of Mount Vernon to there be disposed of. All dockets, records, books and papers of the city court of Montgomery county shall be taken charge of by the clerk of the city court of Mount Vernon. All final and other process heretofore returnable to the city court of Montgomery county shall be returnable to the city court of Mount Vernon. All fi. fas. and final processes not satisfied, issued by the city court of Montgomery county, may be levied and enforced Page 302 by the officers of the city court of Mount Vernon in the same manner as papers and process of the said city court of Mount Vernon. The insolvent costs bills of the present officers of the city court of Montgomery county shall be of full force and effect in the city court of Mount Vernon, and shall be paid off as provided heretofore, it being the intention of this Act to transfer to the city court of Mount Vernon all cases, matters and processes of whatever character originating in the city court of Montgomery county which are yet undisposed of and unfinished. Transfers from city court of Montgomery county. SEC. 37. Be it further enacted by the authority aforesaid, That it shall be the duty of the commissioners of roads and revenues of Montgomery county to provide all necessary dockets, writs, records, minute books and all other books and papers necessary for carrying on the business of the said city court of Mount Vernon; and they are hereby empowered and directed to levy a tax sufficient for the maintenance and support of the said city court. Books, etc. SEC. 38. Be it further enacted by the authority aforesaid, That the first quarterly term of the said city court of Mount Vernon shall be held on the third Monday in September, 1906, and juries drawn to serve at the September quarterly term of the city court of Montgomery county shall be competent to serve at the September quarterly term of the city court of Mount Vernon, and all matters and suits pending in the city court of Montgomery county returnable to the September quarterly term thereof shall stand for trial, judgment or disposition as if brought to the September quarterly term of the city court of Mount Vernon, as is hereinbefore provided; and the first monthly session of the said city court of Mount Vernon shall be held on the second Monday in September, 1906, after the passage and approval of this Act. Trial of trnasferred cases. SEC. 39. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not take effect until the passage of an Act repealing and abolishing the city court of Montgomery county. SEC. 40. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1906. Page 303 CITY COURT OF NEWTON ESTABLISHED. No. 665. An Act to establish the city court of Newton, in the city of Newton, in and for the county of Baker; 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 writs of error therefrom and new trials therein, 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 Newton be, and the same is, hereby created and established in the city of Newton, in the county of Baker, said court to have civil and criminal jurisdiction over the whole county of Baker. City court of Newton. SEC. 2. Be it further enacted, That the said city court of Newton 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, committed in the county of Baker. Criminal jurisdiction SEC. 3. Be it further enacted, That said city court of Newton shall have jurisdiction to try and dispose of all civil cases of whatever nature of which the superior court of Baker 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 judgments may be had at the first term, in suit, 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. Civil jurisdiction. SEC. 4. Be it further enacted, That the judge of the city court of Newton 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 judge and solicitor shall be for four years from the date of appointment. 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 Senate be not in session at the time of said appointment, Page 304 then subject to the approval of the Senate at the next session thereafter. Said judge of the city court of Newton shall receive a salary of sixty dollars per month, and shall be paid monthly, out of the treasury of Baker county, by the treasurer of said county, upon warrants to be drawn therefor by the county commissioners of said county. Judge and solicitor. SEC. 5. Be it further enacted, That any person who shall be appointed judge of said city court of Newton must at the time of his appointment be at least thirty years of age, and a resident of the county of Baker for at least two years immediately preceding his appointment, and he shall, before entering upon his duties as judge, take and subscribe the following oath: I solemnly swear that I will faithfully and impartially administer justice without respect of persons, 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 Newton, 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 to be allowed to practice law in any court except his own. He shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue possessory warrants and to issue distress warrants, and generally to do all acts which the judges of the city courts of this State are authorized to do, unless otherwise provided in this Act. Judge. SEC. 6. Be it further enacted, That the solicitor of the said city court of Newton 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, that said solicitor shall have the same fees for drawing the accusations, hereinafter provided for, as are now allowed by law to solicitors-general in the superior courts for drawing bills of indictments. Said solicitor shall be an attorney-at-law who must have been a resident of said county for at least two years immediately preceding his appointment, and shall take the oath of office required of the solicitor-general. He shall prosecute all offenses cognizant before said court, and shall represent the State in each case carried to the Supreme Court from said city court, and his fee shall be the same as fees to solicitors-general for like services, to be paid out of the treasury of this State in the same manner as solicitors-general of the superior court are paid for like services rendered in the Supreme Court. Solicitor. Page 305 SEC. 7. Be it further enacted, That the clerk and his deputies of the superior court of Baker county shall be ex-officio clerk and deputies of said city court, and in his official connection he shall be known as the clerk of said city court of Newton. 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 shall be entered upon the book of minutes of said city court. He shall also before entering upon the discharge of his office execute a bond, with good security, in the sum of one thousand dollars for the faithful discharge of the duties of his office. Clerk. SEC. 8. Be it further enacted, That the sheriff of Baker county shall be ex-officio sheriff of said city court of Newton, and in his official connection with said court shall be known as the sheriff of the said city court of Newton. Before entering upon the distcharge of the duties of his office said sheriff shall execute a bond, with good security, in the sum of one thousand dollars for the faithful discharge of his duties as such officer; he shall have the same authority to appoint a deputy, or deputies, as is provided in the superior courts of Georgia for the appointment of deputy sheriffs. Sheriff. SEC. 9. Be it further enacted, That all the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff shall be attached to the office of the clerk of the city court of Newton and the sheriff of said city court, respectively, and the judge of said city court of Newton is empowered to enforce the same authority over said clerk and sheriff and their deputies as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties of Georgia. Duties of clerk and sheriff. SEC. 10. Be it further enacted, That the clerk and sheriff of said city court shall receive in all civil business transacted in said court, in which the principal sum claimed does not exceed one hundred dollars, one-half of the fees which the clerk and sheriff of the superior court receive. In all other business, unless otherwise specified in this Act, they and their deputies shall receive for all services the same fees allowed by law for like services in the superior courts. 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 in civil cases. Page 306 SEC. 11. Be it further enacted, That the fees of the clerk and the sheriff of said court in criminal cases shall be the same as are now or may hereafter be allowed by law to the clerk of the superior court and to the sheriff of the county; except that in criminal cases tried on accusation the clerk shall receive three dollars only exclusive for 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. In criminal cases. SEC. 12. Be it further enacted, That the judge of the 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 a judge of the superior court. Habeas corpus. SEC. 13. Be it further enacted, That the terms of said city court of Newton shall be monthly and quarterly. The monthly terms to be held on the first Mondays in each month, and the quarterly terms to be held on the first Mondays 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; 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. Terms of court. SEC. 14. Be it further enacted, That in said city court the same rules of proceeding, service, pleading and practice shall govern as for the time being obtained in the superior court, except as otherwise provided in this Act. The process for writs shall be annexed by the clerk of said city court, and be tested in the name of the judge thereof, and be directed and served by the sheriff of said city court of Newton or his deputies. 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 cases when a jury is demanded, as herein provided, such cases shall be transferred to the next quarterly term of said court and shall then stand for trial by a jury. Ordinary suits brought to said monthly sessions shall be filed in Page 307 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 the said term, and all other causes and proceedings must be brought to the quarterly term and stand for trial at the first or the second term as similar causes would be tried in the superior courts. The plaintiff in any cause shall be entitled to a trial by a jury in said court by entering a demand by himself or his attorney in writing at the time of filing his suit, and the defendant in any cause shall likewise be entitled to a trial by a jury in said court by making a demand therefor in writing by himself or his attorney at the time of filing his defense, in all cases when, under the Constitution and laws of this State, such party is entitled to a trial by a jury; provided further, that it shall be the duty of said city court to sound the docket upon the opening of each term for the purpose of ascertaining in what cases, either civil or criminal, demands for a trial by jury are to be made, in accordance with the provisions of this Act. Pleadings. SEC. 15. 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 judgments and executions therein; provided, always, that either party in any cause shall be entitled to a trial by a jury in said court upon entering a demand therefor by himself or his attorney in writing, as is provided for in section 14 of this Act. Trials. SEC. 16. Be it further enacted, That all judgments obtained in said city court shall be a lien on all property belonging to the defendant, or defendants, throughout the State in the same manner as judgments of the superior courts are; but the property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of said city court of Newton, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Judgments, lien of. SEC. 17. Be it further enacted, That said city court shall have jurisdiction of all claim cases when 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. SEC. 18. 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 Page 308 such property is situated, and shall there proceed as other claims in the superior court. Claims to reality. SEC. 19. Be it further enacted, That all laws upon the subject of attachments and garnishments, as to any matter whatever in the superior courts of this State, shall apply to said city court as if named with the superior court, so far as the nature of said city court will admit. Attachments in said court, or returnable to said court, shall be directed to the sheriff or his deputies of the city court of Newton, and to all and singular the sheriffs and constables of this State. The judge of said city court may, or any justice of the peace or notary public and ex-officio justice of the peace may, issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. SEC. 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 court. When any garnishment proceedings are commenced under section 4715 or 4716 and 4717 of the Code of Georgia of 1895, volume 2, based upon suits pending in this court, or judgments obtained in this court, the person served with summons of garnishment, residing in a different county from the county of Baker, shall be required to answer in the superior court of the county of his residence in the manner provided by said section 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 lawful deputies. 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, arbitrations, examinations of parties to suits or witnesses by interrogatories or 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. Procedure. 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 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 Page 309 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; and the judge of said city court shall have all the power and authority throughout his jurisdiction of judges of the superior courts, except when by law exclusive power and authority are 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, except as herein provided. Judge, powers of. SEC. 24. Be it further enacted, That said city court of Newton 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 the 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 courts shall apply to them in said city court, except when 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 courts, 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 court. Judgments, how enforced. 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 the judges of the superior courts of this State. Powers of judge. SEC. 27. Be it further enacted, That all persons liable to serve as grand and petit jurors in the superior court of said county shall be liable to serve as petit jurors in said city court, and it shall be the duty of the clerk of said city court 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 jurylists 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 Page 310 one of the said persons, and deposit the same in a box to be provided at the public expense, and numbered one until there shall be a ticket in said box bearing the name of each person on the said list. Jurors. SEC. 28. Be it further enacted, That during the session of said city court, at each quarterly term, in open court, the judge of said court, or the judge of the superior court, when presiding in said court, shall draw from said box numbered one eighteen names of persons to serve as jurors at the next quarterly term of said city court, and shall cause the clerk to record said names so drawn and then place them in another box to be provided as above stated, 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 then served five days before said term, but this shall not apply to any other term of said court. The boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed and locked, and shall not be opened by any person, except the judge of said city court, or the judge of the superior court when presiding in his place, for the purpose of drawing juries in open court, except in cases where, from failure to draw a jury at term time, or from any other cause, it may be necessary to draw a jury in vacation. Should it become necessary to so draw a jury in vacation, the judge of said city court, or the judge of the superior court, may at any time fifteen days before the next quarterly term of said city court, in the presence of the clerk and the sheriff of said city court, proceed to draw juries in the same manner prescribed. The clerk shall keep said jury-boxes and the sheriff of said city court shall keep the key. Juries. SEC. 29. Be it further enacted, That the clerk shall make out a precept containing the names of the persons drawn as above directed, and a summons for each juror, and deliver the same to the sheriff of said city court fifteen days before the next quarterly term thereof, who shall serve each of said persons by handing him a summons personally, or leaving the same at his most notorious place of abode five days before the quarterly term of said city court, at which he is required to attend. Jurors. SEC. 30. Be it further enacted, That eighteen jurors shall be drawn, summoned and empaneled, and if by reason of non-attendance or disqualification 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 three from the panel of Page 311 eighteen, and in criminal cases the defendant shall strike three and the State three from said panel. Juries. SEC. 31. Be it further enacted, That the defendants in criminal cases in said city court of Newton shall be tried on written accusations, which shall be drawn by the solicitor of said city court setting forth the offense with the same degree of particularity as required in bills of indictment, founded on affidavit made by the prosecutor, and said accusation shall be signed by the prosecutor and the prosecuting officer of said court, and in all criminal cases within the jurisdiction of said city court the defendant shall not have the right to demand an indictment by the grand jury of Baker county. Accusation. SEC. 32. Be it further enacted, That the judge of the superior court may send down from the superior court of Baker county all presentments and bills of indictment for misdemeanors to said city court for trial, either in term time or in vacation, the order so transmitting such cases to be entered in the minutes of both of said courts. Transfers from superior court. SEC. 33. Be it further enacted, That it shall be the duty of the justices of the peace and notaries public of Baker county to bind over to said city court all persons for offenses committed within the limits of Baker county over which said city court has jurisdiction to answer for said offenses. Appearance bonds. SEC. 34. Be it further enacted, That before the arraignment of the defendant, either on indictment, presentment or accusation, the judge of the said city court shall inquire of him whether he demands a trial by a jury, and the response of the defendant shall be endorsed on said accusation, indictment or presentment and signed by the prosecuting officer in said court. If the defendant demands a trial by a jury, the judge of said city court 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, but the jury shall be selected in the manner provided by this Act. If the defendant demands a trial by a 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 regular quarterly term, or on the defendant's failure to give bond, shall commit him to jail until the next regular quarterly term of said court, unless there be sooner an adjourned quarterly term at which a jury will be empaneled. If the defendant waives trial by jury, then the judge shall proceed to hear and determine such criminal cases conformably to the law governing the superior courts, as the same may be applicable; if upon the trial of any Page 312 criminal case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend trial and commit or bail over the defendant to the next superior court as in preliminary examinations; provided always, a reasonable time shall be granted to the State or the defendant to procure witnesses. Trials in criminal cases. SEC. 35. Be it further enacted, That in all cases in said court the same power and the same rights of parties as to waiver in pleading or procedure, or other matters pertaining to the same shall be allowed and upheld by the laws and rules governing parties in the superior courts. Procedure and waivers. SEC. 36. Be it further enacted, 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 pleadings, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts shall apply to and govern the same in said city court. New trials. SEC. 37. Be it further enacted, That a writ of error shall be directed from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. SEC. 38. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of said Baker county, and including all civil cases filed in said court, whether the parties have been served or not, shall be, and are, hereby transferred to the city court of Newton, created and organized under this Act, and the same, including claims and illegalities hereafter filed, shall 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. and all final and other processes now in the hands of the sheriff, bailiff, or other officers, or that may hereafter come into their hands, which are made returnable to the county court of Baker county, shall be by them returnable to the city court of Newton. The judge and other officers of said city court, shall have power and authority to issue and enforce in the name of the said city court any and all processes in any case from the county court of Baker county. All records, books and papers disposed of and of file in the county court of Baker county shall be filed and deposited with the clerk of said city court of Newton. Transfers from county court. Page 313 SEC. 39. Be it further enacted, That all jurors in said city court shall each receive two dollars per day for his services for every day of actual attendance, and shall be paid in the same manner and under the same rules and regulations as jurors in the superior court. Per diem of jurors. SEC. 40. Be it further enacted, That all suits against joint obligors, joint promisors, copartners, or joint trespassers, in which any one or more reside in the county of Baker, may be brought in said city court, if within its jurisdiction, as already stated, under the same rules and regulations governing such cases in the superior court mutatis mutandis as to copies, second originals, returns, and other matters connected with the suit. Joint promisors, etc. SEC. 41. Be it further enacted, That all rules of the superior court relating to continuances, motions, pleas and practice, shall be applicable to said city court, and shall obtain therein. Rules of practice. SEC. 42. Be it further enacted, That whenever the judge of said city court is, from any cause, disqualified from presiding, and the judge of the superior court is not present to preside in said court as provided for in the Constitution, then, upon consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. Judge pro hac vice. SEC. 43. Be it further enacted, That in all criminal cases tried in said city court by the judge, or by him and a jury, the party held liable for the cost shall pay to the judge the sum of three dollars for the county, to be paid to the county treasurer for general purposes. In all cases commenced, but not tried, the party held liable for the cost shall pay the sum of two dollars, to be disposed of as aforesaid. Costs in criminal cases. SEC. 44. Be it further enacted, That the judge of said city court of Newton shall distribute among the officers of said 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 commissioners shall immediately upon the receipt of each convict, pay to the officer delivering the same the full amount of all costs accrued to the justices of the peace, constables, sheriff, clerk, solicitor and others in the prosecution of the case in which such convict was sentenced. Fines and forfeitures. SEC. 45. Be it further enacted, That all insolvent cost claims held by any of the officers of the county court of Baker county at the time this Act shall go into effect, shall be transferred to and become payable out of any fund arising from fines and forfeitures Page 314 in said city court, provided said cost bill has been properly approved by the judge of the county court of Baker county. Insolvent costs. SEC. 46. Be it further enacted, That this Act shall go into effect on November 1, 1906. SEC. 47. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. CITY COURT OF POLK COUNTY, ACT CREATING AMENDED. No. 369. An Act to amend section four of an Act entitled An Act to establish the city court of Polk county, in the city of Cedartown, in and for the county of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officials thereof, and for other purposes, so as to provide for an increase in the salary of the judge 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 aforesaid, That line fourteen of section 4 of the Act aforesaid be amended by striking the word twelve and inserting in lieu thereof the word eighteen, so that said section, when amended, shall read as follows: Be it further enacted, That there shall be a judge of the said city court of Polk county, who shall be appointed by the Governor, by and with the advice of the Senate, whose term of office shall be for four years, and all vacancies in the said office shall be filled by appointment of the Governor for the remainder of the unexpired term, such appointment being subject to the approval of the Senate, which may be then in session at the time of such appointment, or if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at any session thereafter; provided, that the judge first appointed under this Act shall, if the Senate be not in session, or shall fail to act, hold and fill the office subject to the approval of the Senate at any session thereafter. The judge of said court of Polk county shall receive a salary of eighteen hundred dollars per annum, which shall not be increased or Page 315 diminished during his term of office, and shall be paid monthly out of the treasury of the county of Polk without the intervention or order of the county commissioners, or any other county officer. Said judge shall not practice law during his term of office. City court of Polk county. Judge. SEC. 2. Be it further enacted, That this Act shall take effect immediately upon its approval by the Governor. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved July 27, 1906. CITY COURT OF POLK COUNTY, ACT CREATING AMENDED. No. 429. An Act to amend section four of an Act entitled An Act to establish the city court of Polk county in the city of Cedartown, in and for the county of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of the judge and other officers thereof, and for other purposes, on page 156 of the Acts of 1901, which Act was approved November 18, 1901, so as to provide that the judge of the city court of Polk county shall be elected by the electors of the county of Polk in lieu of the provision in said section for the appointment of such judge by the Governor, with the consent and approval of the Senate; to provide for the time and manner of the election of such judge and for the term and office of such judge, and the compensation of such judge; to change the manner of filling vacancies in the office of judge of said court, and for other purposes. SECTION 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section four of an Act entitled An Act to establish the city court of Polk county in the city of Cedartown, in and for the county of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of the judge and other officers thereof, and for other purposes, approved November 18, 1901, be amended Page 316 by striking from said Act section four, which reads as follows: Sec. 4. Be it further enacted, That there shall be a judge of the said city court of Polk county, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in the said office shall be filled by appointment of the Governor for the remainder of the unexpired term, such appointment being subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of any Senate 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 any Senate thereafter. The judge of said city court of Polk county shall receive a salary of twelve hundred dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the county of Polk, without the intervention or order of the county commissioners, or any other county officer. Said judge shall not practice law during his term of office. And by inserting in lieu thereof the following, to be known as section four of said Act: Sec. 4. Be it further enacted, That the judge of said court, now under appointment, shall hold office until the 31st day of December, 1910. The judges of said city court of Polk county shall hereafter be elected by the qualified electors of said county of Polk at the regular election for Governor, State-house officers and members of the General Assembly, held on the first Wednesday in October, and under the general laws of the State governing such general elections; the first election for such judge to be held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. In the event of a vacancy in the office, from and after the passage of this Act, a special election to fill said vacancy shall be called by the ordinary of Polk county, to be held not sooner than twenty days, nor later than thirty days, from the date of the call. Page 317 Such special election shall be held and governed by the laws 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. The judge of the city court of Polk county shall receive a salary of eighteen hundred dollars per annum, which shall be paid monthly out of the treasury of Polk county, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during his term of office. City court of Polk county. Judge. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. CITY COURT OF POLK COUNTY, ACT CREATING AMENDED. No. 435. An Act to amend section seven of an Act entitled An Act to establish the city court of Polk county in the city of Cedartown, in and for the county of Polk; to define its powers and jurisdiction; 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, on page 156 of the Acts of 1901, so as to empower the judge of said city court to appoint the stenographer for 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 7 of an Act entitled An Act to establish the city court of Polk county in the city of Cedartown, in and for the county of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of the judge and other officers thereof, and for other purposes, be, and the same is, hereby amended by striking out from said section seven of said Act the word stenographer in the first line of said section, and the word stenographer in the third line of said section, and wherever said word stenographer Page 318 appears in said section; and by adding at the end of said section seven the following words: The judge of said city court shall have power to appoint, and at his pleasure remove, a reporter or stenographer for said city court, so that said section of said Act, when amended, shall read as follows: Sec. 7. Be it further enacted, That the clerk and sheriff and their deputies, of the superior court of Polk county, shall be ex-officio clerk, sheriff and deputies of said city court, and for services rendered in said court shall be entitled to the same fees as are allowed them by law in the superior court, and shall discharge the same duties, and be subject to the same obligations and penalties; and for services rendered, where no compensation is provided by law, they shall receive such compensation as the judge of said court shall in his discretion grant. The clerk shall be allowed and paid two dollars per day for one deputy clerk for each day's service of such deputy during the sessions of said court. The judge of said city court shall have the power to appoint, and at his pleasure remove, a reporter or stenographer for said city court. City court of Polk county. Clerk and sheriff. Stenographer. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. CITY COURT OF POLK COUNTY, ACT CREATING AMENDED. No. 477. An Act to amend an Act, approved November 18, 1901, entitled An Act to establish the city court of Polk county in the city of Cedartown, in and for the county of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of the judge and other officers thereof, and for other purposes, by creating the office of solicitor of said city court of Polk county, providing for his appointment 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 the authority of the same, That section 6 of the above-described Act be, and the same is, hereby amended, by striking all of said section and inserting in Page 319 lieu thereof the following, which shall take the place of and be known as section 6 of said Act: Section 6. Be it further enacted, That there shall be a solicitor of said court, who shall be appointed and commissioned by the Governor, by and with the consent of the Senate, for the term beginning January 1, 1907, and ending December 31, 1910. His successor shall be elected by the qualified electors of said county at the regular election to be held on the first Wednesday in October, 1910, at which election the Governor and other State officers and other officers shall be elected, and under the same rules and regulations as to the method and manner of electing such officers, and the returns of said election as now apply according to existing laws or any Act amendatory thereof, for a term of four years; and each four years thereafter a solicitor of said court shall be elected for a like term of four years and shall be commissioned by the Governor. The returns from all such elections shall be made to the Secretary of State, who shall canvass the vote and declare the result. It shall be the duty of said solicitor to represent the State in all cases in said city court in which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. He shall receive for his services the same fees as provided by law for similar services in the superior court; provided further, that all indictments for misdemeanors returnable to the superior court of Polk county shall be transferred to the said city court of Polk county, the solicitor-general to receive all fees arising from his office up to the time of said transfer; the same to be paid from fines and forfeitures, as now provided by law; provided, that one-fourth of the amount of fines and forfeitures arising in said city court of Polk county shall be applied to, and paid to and on, the insolvent cost bill of the solicitor-general of the Tallapoosa circuit. City court of Polk county. Solicitor. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. Page 320 CITY COURT OF PULASKI COUNTY ESTABLISHED. No. 360. An Act to establish the city court of Pulaski county in the city of Hawkinsville, in and for the county of Pulaski; to define its jurisdiction and powers; to provide for the appointment of 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 authority of the same, That the city court of Pulaski county, in the city of Hawkinsville, in and for the county of Pulaski, is hereby established and organized, to be held in the city of Hawkinsville, with jurisdiction, civil and criminal, over the whole county of Pulaski, concurrent with the superior court to try and dispose of all civil cases of whatsoever nature, except those 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 Pulaski; 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 may now, or hereafter, be brought in the superior court, including attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory award, proceedings against intruders and tenants holding over, partitions of personalty, issues on distress warrants, foreclousures of all liens and mortgages; provided, that the jurisdiction in all civil cases of which the justice's court has jurisdiction shall not extend to those cases where the amount involved is less than fifty dollars, except in the militia district in which the city of Hawkinsville is situated. City court of Pulaski county, jurisdiction. SEC. 2. That there shall be a judge of said city court, who shall be appointed by the Governor for the same term and in like manner as county court judges are appointed, and vacancies shall be filled in like manner; provided, that said method of appointment shall apply only to the first term of four years after the establishment of the court. After the expiration of said term of four years said judge shall be elected by the people at the regular election of county officers in the same manner as the ordinary is elected; and vacancies filled as in the case of vacancies in the office of judge of the superior court. The salary of said judge Page 321 shall be twelve hundred dollars, payable in monthly installments by the county treasurer, and provision for same shall be made by the proper officers in levying the annual taxes. Said judge shall receive no other compensation for his services, but may practice law in other courts than the city court of Pulaski county. Judge. SEC. 3. That said judge shall be a resident of Pulaski county, a lawyer of at least three years practice, and at least twenty-five years of age; and, before entering upon his duties as judge, shall take and subscribe to the same oath as is required of the judges of the superior court, which oath shall be filed in the executive department. Judge. SEC. 4. There shall be a solicitor of said city court, appointed as are county solicitors, and for a like term, except that after the expiration of the first term of two years said officer shall be elected by the people, and appointments to fill vacancies shall be only for the unexpired term. Said election shall be in all respects like the election of county officers. He shall prosecute all criminal cases in said city court, and in the Supreme Court in cases of writ of error, and shall receive like fees in said courts as the solicitor-general, payable in the same manner, except as hereinafter provided. He shall be a citizen of Pulaski county, and a practicing lawyer. Solicitor. SEC. 5. That the clerk of the superior court and sheriff of Pulaski county shall be ex-officio clerk and sheriff, respectively, of said city court, with authority to appoint deputies in said city court to act for them in said court. The same duties and liabilities shall attach to their several offices in the city court as attach to said offices in the superior court, as well as the same powers, and the judge of said city court shall have the same authority over said clerk and sheriff and their deputies in the city court as the judge of the superior court has in the superior court. Clerk and sheriff. SEC. 6. Said clerk and sheriff of said city court shall each take and subscribe to an oath well and truly to perform the duties of their respective offices as clerk and sheriff of said city court, and before entering upon the duties of their respective offices as clerk and sheriff in said court shall each execute a bond, with good security, in the sum of one thousand dollars, to be approved by the judge of said court, for the faithful discharge of the duties of their several offices. Oath and bond of clerk and sheriff. SEC. 7. In the performance of their respective duties in the city court the clerk and sheriff shall be known, respectively, as the clerk and sheriff of the city court of Pulaski county, and all processes or writs directed to, or entries, or writs signed by, said officers Page 322 in said city court shall be directed to or signed by said officers as clerk and sheriff, respectively, of said city court. Clerk and sheriff. SEC. 8. That the judge of said city court shall have authority to issue writs of habeas corpus returnable to himself, or any other officer authorized to hear and determine same, and shall have power to hear and determine same in the same manner as judges of the superior court. Habeas corpus. SEC. 9. That the judge and other officers of said court shall have power, respectively, to administer all oaths pertaining to their offices as the judges and other officers in the superior court may in like cases do; and said judge shall have power to attest deeds and other papers, administer affidavits in all cases anywhere in the State in which by existing laws deeds and papers may be attested and affidavits administered by the justices of the peace of this State or the judges of the superior courts, and the judge of said city court shall have all power and authority within his jurisdiction that belongs to judges of the superior court, and all laws relating to and governing judges of the superior courts shall apply to the judges of said city court in so far as the same may be applicable, except as herein otherwise provided. Powers of judge and officers. SEC. 10. That the judge of said city court shall have the same power and authority as judges of the superior courts to punish for contempt, enforce his orders and judgments and preserve order; and all laws regulating the enforcement of judgments and orders in the superior courts, whether in criminal or civil matters, and the levy and issuance of executions, and levies and sales thereunder, shall apply to like matters in the city court in so far as the same may be applicable, unless otherwise provided in this Act. Powers of judge. SEC. 11. That the judge of said city court, or any justice of the peace, or notary public, ex-officio justice of the peace, shall have authority to issue attachments and distress warrants returnable to said city court, which shall be directed to the sheriff or his deputies of the city court of Pulaski county; and attachments shall, in addition, be directed to all and singular the sheriffs, deputy sheriffs or constables of said State, and all laws relating to the subsequent proceedings in said matters in the superior courts shall apply. Attachments and distress warrants. SEC. 12. That the general laws of this State with reference to the commencement of suits, defenses, set-offs, affidavits of illegality, arbitration and award, examination of parties to suits, of witnesses by interrogatories and depositions, scire facias to make parties, subp[oelig]nas to witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said Page 323 city court which obtain in the superior courts of said State, shall apply to said city court, except as otherwise provided herein. Pleadings. SEC. 13. That all laws pertaining to pleading, practice and procedure which apply to the superior courts shall apply to said city court, except as otherwise herein provided; and all processes and writs shall be tested in the name of the judge of said city court, signed by the clerk thereof, and be directed to the sheriff thereof or his deputies, unless otherwise provided herein. Procedure. SEC. 14. The said city court of Pulaski county 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 the rules of court 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 clerks and sheriffs of the superior court shall apply to them in said city court, except as otherwise herein provided. Court of record. SEC. 15. That suits against joint obligors, joint promisors, copartners, or joint trespassers, where one of such parties resides in Pulaski county, and the suit is otherwise within the jurisdiction of said city court, may be brought therein; and all claims filed to property levied on under execution from said court shall be tried therein as such claims are tried in the superior court; except that claims to real property so levied on shall be returned to the superior court of the county wherein the land lies. Joint promisors, etc. SEC. 16. That the sheriff of said court, with the approval of the judge thereof, is authorized to appoint at each quarterly term such bailiffs as are necessary, not exceeding two, as officers of said court, who shall receive for their services two dollars per day. Bailiffs. SEC. 17. That said clerk and sheriff shall receive the same fees for similar services as are now, or may hereafter be, allowed by law for similar services in the superior court, except that where cases are within the jurisdiction of county courts of this State the fees shall be the same as are allowed by law for similar services in the county courts; and except, further, that said officers shall each receive for their attendance on the regular terms of said court the sum of three dollars per day, and the sheriff shall receive a fee of five dollars for summoning a jury for each court. Fees of clerk and sheriff. SEC. 18. That the term of said city court shall be held quarterly on the first Mondays in January, April, July and October of each year. The judge thereof shall have the right at any time to try and dispose of criminal business not requiring a jury. Terms of court. Page 324 SEC. 19. That there shall be a return term in all cases filed wherein there is a return term in the superior court, except that in all cases where no issuable defense is filed by the second day of the first term a verdict may be rendered or a judgment taken at such first term, as the case may be, and in all cases a trial may be had the first term by consent. Trial term. SEC. 20. That it shall be the duty of the clerk of said city court to prepare and file in his office a complete copy of the traverse jury of the superior court of Pulaski county, as provided, from time to time for said superior court. From said copy juries in said city court shall be drawn in the following manner: The clerk shall write upon separate tickets the name of each juror, which shall be numbered and placed in a box for that purpose, from which shall be drawn twelve jurors in the manner now required by law in the superior court. All laws with reference to drawing, selecting and summoning traverse jurors in the superior court shall apply to the city court, except that the sheriff shall be paid only five dollars for summoning said jury. All exemptions from jury duty of force in Pulaski county shall apply and be of effect in said city court. All laws with reference to the qualifications, relations, empaneling and challenging of jurors of force in the superior courts of this State shall apply and be of effect in said city court, except wherein otherwise provided in this Act. Jurors. SEC. 21. That twelve jurors so drawn and summoned shall be empaneled, and if less than twelve are present the judge shall have the right to complete the panel of twelve by having tales jurors summoned, as in the superior court. Such jury of twelve shall constitute the trial jury when a jury of twelve is demanded in said court in either civil or criminal cases. Unless a jury of twelve shall be demanded a jury in said court shall consist of six. In civil cases, where the jury is six, each side shall have three strikes; in criminal cases the State shall have two and the defendant four. The jurors shall each be paid two dollars per day for their services, in the same manner as are jurors in the superior court. Juries. SEC. 22. That the judge of said city court shall have power and authority to hear and determine without a jury all civil cases of which said court has jurisdiction, and to give judgment therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or attorney 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 Page 325 of this State; provided further, that it shall be the duty of the judge of said court to sound said docket upon the opening of each term for the purpose of ascertaining in what cases, civil or criminal, demands for a trial by jury are to be made, in accordance with the provisions of this Act. Trials. SEC. 23. That all criminal cases in said court shall be tried by the judge thereof without a jury, except when a jury shall be demanded. A plea to the accusation shall be a waiver of the jury, and the accused shall not thereafter have the right to recall the waiver. Trials in criminal cases. SEC. 24. 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 be committed or bound over to the next superior court, and his trial shall be suspended. Felonies. SEC. 25. That the defendant in criminal cases in said court shall be tried on written accusation, founded upon the affidavit of the prosecutor and signed by the solicitor of said city court, which accusation shall plainly and specifically set forth the offense charged, and with the same particularity, both as to matters of form and substance, as is required by the law and rules of criminal pleadings to be observed in bills of indictment in the superior court. All proceedings after accusation shall conform to the rules governing like cases in the superior court, except that there shall not be a trial by jury unless demanded. The accused shall in no case have the right to demand indictment by the grand jury. Accusation. SEC. 26. That the judge of the superior court of Pulaski county shall send down from the superior court of said county for trial and final disposition in said city court all indictments and presentments 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 upon the minutes of both courts, which order may be passed in term or vacation. In all cases so transferred the accused shall have the same notice as is now provided in the county court, and the solicitor-general of the superior court of Pulaski county shall be entitled to his accrued costs, to be collected as herein provided for the collection of the costs of the solicitor of said city court. Transfers from the superior court. SEC. 27. That it shall be the duty of all justices of the peace and notaries public ex-officio justices of the peace of Pulaski county to bind over to said city court all persons committed for misdemeanors in said county. Appearance bonds. SEC. 28. That no criminal case in said court in which the defendant Page 326 is under bond, or shall offer good and sufficient bond, shall be tried at any term of said court except the January, July and October terms thereof, unless said defendant shall consent thereto. Trials in criminal cases. SEC. 29. That the judge of said city court shall have authority to grant new trials in all cases, civil or criminal, under the same terms, conditions, laws and regulations as govern the granting of new trials in the superior court; and in all criminal cases tried at a special term of said city court the defendant may file his motion for new trial within five days from the date of the judgment complained of, and in vacation. In other respects such special motions shall be governed by the ordinary rules for new trials, and the pleadings, practice and procedure which apply to motions for new trials in the superior court shall apply to motions for a new trial in the city court. New trials. SEC. 30. That a writ of error shall lie directly 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 bill of exceptions from the superior courts of this State. Writ of error. SEC. 31. In cases where no defense is field, or where the defense filed is stricken, the court shall enter judgment or permit a verdict to be taken, as the case may be, upon demand of the plaintiff, on any day after the first day of the term; and in all cases the provisions of law regulating the setting aside or arresting of judgments, entering and opening defaults and reinstating cases in the superior court shall apply to said city court wherever applicable, unless otherwise provided herein. Defaults. SEC. 32. That whenever the judge of said city court is from any cause disqualified from presiding, then, upon the consent of the parties, or upon their failure or refusal to agree, said case may be tried by a judge pro hac vice, selected in the same manner as in the superior court. Judge pro hac vice. SEC. 33. That when for any cause the judge of said city court is disqualified, or for any reason may be unable to preside over said court, it shall be lawful for the judge of any constitutional city court of this State to preside in his stead. Judges of other city courts. SEC. 34. That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk thereof may adjourn the same to such time as the judge may in writing direct, or, if no direction be given, then to the next regular term; and the judge of said court shall have power to adjourn the court over to such Page 327 time as in his opinion will best suit the convenience of parties, witnesses and jurors. Adjournments. SEC. 35. That all fines and forfeitures and convict hire arising from cases tried in said city court shall be collected by the solicitor thereof and paid over by him to the treasurer of Pulaski county, which shall be distributed to the various officers by the county treasurer, after deducting therefrom the cost due in each particular case and paying the same to the respective officers entitled thereto, according to the order of the judge of said court, upon their insolvent cost bills, as approved by the judge of said city court, and under the order of the judge of said court in the following manner: One-fourth shall be paid to the solicitor of said court upon his insolvent cost bill, one-fourth to the clerk upon his insolvent cost bill, one-fourth to the sheriff upon his insolvent cost bill, and the remaining one-fourth shall be retained by the county treasurer as the property of the county, and put in the general county fund; provided, however, that should the funds arising from fines and forfeiture and convict hire, upon division of the same as above prescribed, be more than sufficient to pay off the insolvent cost bills due said officers, then such excess shall belong to the county; and provided further, that in each criminal case where the defendant is convicted and sent to the chain-gang of Pulaski county to work on the public works of said county, as provided by law, the county commissioners shall pay to all officers of said court, and to the various justices of the peace and constables of said county, such costs as may be determined by said commissioners, which shall be paid out of the county treasury by the county treasurer to said officers upon proper orders of the judge of said city court. Fines and forfeitures and convict hire. SEC. 36. That the commissioners of roads and revenues of Pulaski county, or other proper officers, shall provide a suitable place in the court-house in the city of Hawkinsville for the holding of said court, and provide the necessary books for keeping the dockets, minutes and records of said city court, and said authorities shall provide an office in the court-house for the judge of said city court. Court-house, etc SEC. 37. That all civil cases now pending in the county court of Pulaski county, upon the establishment of said city court, shall be transferred to the civil docket of said city court, and stand for trial at the first quarterly term of said city court, unless continued for good cause. Upon petition of the plaintiff or his attorney-at-law in any civil case now pending in the superior court of Pulaski county within the jurisdiction of said city court, the clerk Page 328 of the superior court shall transfer said cause to the docket of said city court, and said cause shall stand for trial at the next quarterly term of said city court, unless continued for good cause; provided, that in all cases so transferred the plaintiff or his attorney shall give the defendant or his attorney written notice of the transfer of said cause twenty days before the term of the city court at which said cause shall stand for trial. The petition for said transfer shall be spread upon the minutes of the superior court by the clerk thereof. Transfers from county court. SEC. 38. That there shall be appointed by the judge of said court a stenographer for said court, and all laws applying to the stenographer of the superior court shall apply to and govern the stenographer of said city court. His fees shall be paid by litigants. Stenographer. SEC. 39. That this Act shall not go into effect until ratified by a majority of the voters of said county of Pulaski, voting at an election to be held for that purpose, which election is hereby called and shall be held on Wednesday, August 1, 1906. The ballots cast at said election shall have written or printed thereon the words For city court or Against city court, and the provisions for the registration of voters, including the Act of December 20, 1897, amending the Act of December 17, 1894, 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 city court, and the number against it, together with all the other election papers, including the ballots and signed tally-sheets and list of voters, under seal to the clerk of the superior court of Pulaski county, who shall consolidate the returns and declare the results. If a majority of the ballots cast at said election shall be For city court, there-upon this Act shall go into effect upon January 1, 1907. Election for atification, SEC. 40. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 26, 1906. Page 329 CITY COURT OF REIDSVILLE, SALARY OF JUDGE. No. 422. An Act to amend an Act establishing the city court of Reidsville, in and for Tattnall county, Georgia, approved August 22, 1905, so as to provide for an increase of the salary of the judge of said city court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act establishing the city court of Reidsville, in and for Tattnall county, Georgia, approved August 22, 1905, and embodied in the Acts of 1905, pages 335 to 346, inclusive, be, and the same is, hereby amended as follows: SEC. 2. Be it enacted by the authority aforesaid, That section four of said Act be amended as follows: By striking from line eleven of said section four of said Act the figures 1908 and inserting in lieu thereof the figures 1910; by striking from line thirteen of said section four of said Act the figures 1909 and inserting in lieu thereof the figures 1911; by striking from lines eighteen and nineteen of said section four of said Act the following sentence: The time of election and term of office shall be the same as the ordinary of Tattnall county; by striking from line twenty-two of said section four of said Act the figures 1909 and inserting in lieu thereof the figures 1911; by striking from line thirty-nine of said section four of said Act the figures $900, and inserting in lieu thereof the figures $1,200, so that said section, when amended, shall read as follows: 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, 1910, under the same 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, 1911, and Page 330 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. 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, 1911. The said appointment shall be with the advice and consent of the Senate; provided, that 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 do solemnly swear that I will administer justice without respect of 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, 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. The judge of said court shall receive a salary of $1,200 a year, which shall not be increased or diminished during his continuance in office, except as 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 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 he may practice in any other court. Judge, election etc. SEC. 3. Be it enacted by the authority aforesaid, That section five of said Act be amended as follows: By striking from line eight of said section five of said Act the figures 1909, and inserting in lieu thereof the figures 1911, so that said section, when amended, shall read as follows: 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 Page 331 time this Act becomes operative until the first day of January, 1911, 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 offenders 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 judge of the city court 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, election of, etc. SEC. 4. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1906. CITY COURT OF SPARTA, ACT CREATING AMENDED. No. 540. An Act to amend section 41 of an Act entitled 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 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 section forty-one (41) of an Act of the General Assembly of the State of Georgia, approved August 17, 1905, entitled 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 compensation of said officers, and for other purposes, be, and the same is, hereby amended by striking the words five dollars between the word paid and the words for each in said section and in the twelfth line of the printed Act in Page 332 said section 41 and inserting in lieu thereof the words ten dollars, so that said section, when so amended, shall read as follows: City court of Sparta. Sec. 41. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said city court of Sparta 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 ten 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 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. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. CITY COURT. OF STATESBORO, SALARY OF JUDGE. No. 393. An Act establishing the city court of Statesboro, in Bulloch county, approved August 10, 1903; and the several Acts amendatory thereof, so as to increase the salary of the judge of said court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2 of the above recited Act be, and the same is, hereby amended as follows: City court of Statesboro. By striking from the said section the word nine in the tenth line of said section and inserting in lieu of the word so stricken Page 333 the word twelve, so that said section, when amended, shall read as follows: Be it enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed by the Governor by and with the consent of the Senate, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge, said vacancy shall be filled by the Governor in the manner now provided for filling said vacancies in the superior courts; provided, that the first appointment of judge of said court shall be to continue until the 12th day of December, 1906. The judge of said city court shall receive a salary of twelve hundred dollars per annum, which shall be paid monthly by the treasurer of the county of Bulloch, and it shall be the duty of the commissioner of roads and revenue of said county, or of other proper officers, to make provisions annually in levying taxes for this purpose. Said salary shall not be increased nor diminished during the term of office of said judge. The judge shall receive no other compensation, but may practice law in any court except his own. Judge, appointment, salary, etc. SEC. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect until after the twelfth day of December, 1906. Act, when effective. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 1, 1906. CITY COURT OF STATESBORO, ELECTION OF JUDGE. No. 433. An Act to provide for the election of the judge of the city court of Statesboro; to fix the time for such election; the term of office of said judge, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a judge for the city court of Statesboro shall be elected at the general election for State and county officers, to be held on the first Wednesday in October, 1910, and at such general election Page 334 each four years thereafter, all qualified voters of Bulloch county shall be entitled to vote at all elections held hereunder. City court of Statesboro, election of judge. SEC. 2. Be it further enacted, That the term of office of the judge of said city court, elected at said election, shall be for the term of four years, beginning on January 1 after said election and lasting until his successor is elected and qualified. Term of office. 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 such vacancy of the judge of said court shall be called by the ordinary of Bulloch county, to be held not sooner than twenty days nor later than thirty days from the date of the call. Such election shall be held and governed by the laws of the State for such elections, and the judge shall serve out the remainder of said term 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. Vacancies. SEC. 4. No person shall be qualified to hold such office of judge unless he has been a practicing attorney for seven years and a citizen of Bulloch county for five years, and shall have attained the age of thirty years. Qualification. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. CITY COURT OF STATESBORO, ELECTION OF SOLICITOR. No. 430. An Act to provide for the election of a solicitor of the city court of Statesboro; to fix the time for such election, and the term of office of said solicitor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a solicitor for the city court of Statesboro shall be elected at the general election for State and county officers, to be held on the first Wednesday in October, 1908, and at such general election each two years thereafter all qualified voters of Bulloch county shall be entitled to vote at all elections held hereunder. City court of Statesboro, solicitor, election of Page 335 SEC. 2. Be it further enacted, That the term of office of said solicitor, elected at said election to be held on the first Wednesday in October, 1908, shall begin on January 1, 1909, and continue for the term of two years thereafter and until his successor is elected and qualified. Term of office. SEC. 3. Be it further enacted, That in the event of a vacancy from death, resignation, or other causes, from and after the passage of this Act, a special election to fill such vacancy shall be called by the ordinary of Bulloch county, to be held not sooner than twenty days nor later than thirty days from the date of the call. Such election shall be held and governed by the laws of the State for such elections, and the solicitor so elected shall serve out the remainder of said term of office and until his successor is elected and qualified. In the event of a vacancy the Governor may appoint a solicitor, who shall hold office until said vacancy is filled in the manner hereinbefore provided. Vacancies. SEC. 4. No person shall be qualified to hold such office of solicitor until he has been a practicing attorney for three years, and a citizen of Bulloch county for two years, and attained the age of twenty-five years. Qualification. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. CITY COURT OF SWAINSBORO ABOLISHED. No. 443. An Act to repeal an Act to establish the city court of Swainsboro, in the county of Emanuel; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties; to provide for the granting of new trials therein, and writs of error therefrom, approved December 17, 1898, and all amendments thereto; and to provide for the transfer of all cases pending in the present city court of Swainsboro, and all unfinished business, books and records thereof to the city court of Swainsboro to be established at the regular session of the General Assembly of the State of Georgia for 1906, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the Page 336 State of Georgia, and it is hereby enacted by authority of the same, That so soon as this Act goes into effect, as hereinafter provided, the Act creating the city court of Swainsboro, approved December 17, 1898, and amended by an Act approved December 19, 1900, and further amended by an Act approved July 20, 1903, be, and the same are, hereby repealed, and that said city court of Swainsboro, by this Act, be, and the same is, hereby abolished. City court of Swainsboro abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all cases now pending, or that may hereafter be returned to the present city court of Swainsboro, shall be transferred to the city court of Swainsboro, to be created by the present General Assembly of the State of Georgia, 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 processes from the present city court of Swainsboro, which have not been executed, shall be returnable to the city court of Swainsboro, to be established at the present session of the General Assembly of the State of Georgia, and all claims, illegalities, and other issues arising from the execution of such processes shall be returnable as though such processes had issued from the city court of Swainsboro, to be established at the present session of the General Assembly of the State of Georgia. Writs from, how returnable. SEC. 4. Be it further enacted by the authority aforesaid, That all mesne and final processes from the present city court of Swainsboro 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 Swainsboro, to be established at the present session of the General Assembly of the State of Georgia. Writs from, how executed. SEC. 5. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers of the present city court of Swainsboro shall be turned over and transferred to the clerk of the city court of Swainsboro, to be created at the present session of the General Assembly of the State of Georgia. Dockets, books, etc. SEC. 6. Be it further 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 Swainsboro, in Emanuel county, but this Act shall not take effect until the Act just above mentioned shall become a law. Act, when effective. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. Page 337 CITY COURT OF SWAINSBORO ESTABLISHED. No. 444. An act to establish the city court of Swainsboro, in and for the county of Emanuel; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor and other officers thereof; to define their duties and powers; to provide for pleading and practice and new trials therein, and writs of error therefrom to the superior 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 Swainsboro, to be located in the city of Swainsboro, in the county of Emanuel, is hereby established and created, with civil and criminal jurisdiction over the whole county of Emanuel, concurrent with the superior court to try and dispose of all civil cases of whatsoever nature wherein the principal amount claimed or involved, exclusive of interest, is as much as twenty-five dollars, 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 Emanuel; that the jurisdiction herein conferred shall include not only 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 others attachments and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosures of all liens and mortgages on personalty, and quo warrantos. City court of Swainsboro, 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 under the same rules as now governing the appointing of such officers. All vacancies shall be supplied in like manner. The judge of the said city court shall receive a salary of eighty-five dollars per month, which shall be increased to one hundred dollars per month upon the recommendation of a grand jury of said county of Emanuel, the same to take effect immediately upon such a recommendation, and it shall be paid monthly by the Page 338 treasurer of Emanuel county out of the general fund in the treasury belonging to said county; and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provisions annually in levying the taxes for this purpose. Judge, appointment, etc. SEC. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judge unless he be at the time of his qualification at least thirty years of age, a resident of Emanuel county for four years immediately preceding the appointment, and must have practiced law continuously for seven years next preceding his appointment. He shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the city court of Swainsboro, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, which oath shall be filed in the executive department. Judge, qualification and oath. SEC. 4. Be it further enacted by the authority aforesaid, That the judge of the said city court shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, to issue distress warrants and to pass upon all issues arising thereform, 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 cause 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 the State. And the judge, and all other officers of said city court, shall have power, respectively, to administer oaths pertaining to their respective offices, as the judge and other officers in the superior court may in like cases do, and said judge shall have power to attest deeds and other papers, and 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 court shall have all the power and authority throughout his jurisdiction of judges of the superior courts, except when by law exclusive power and authority is vested in the judges of the superior courts, and all laws relating thereto and governing the judges of the superior courts shall apply to the said judge of the said city court, so far as the same may be applicable, except as herein provided. Judge, powers of. Page 339 SEC. 5. 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 and criminal cases of which the said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in a civil case, or the defendant in a criminal case, shall be entitled to a trial by jury in said court upon entering a demand therefor, by himself or his attorney, in writing, on or before the call of the docket the first day of the term of said court, 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. 6. Be it further enacted by the authority aforesaid, That the judge of the superior court and the judge of the city court may preside in the courts of each other in said county, in cases where the judge of either court is from any cause disqualified to preside; and the judge of the city court of Swainsboro and the judges of like city courts in different cities in this State may preside in the courts of each other in cases where the judge of either court is from any cause disqualified, or for any reason is unable to preside. Judges of superior and other city courts. SEC. 7. Be it further enacted by the authority aforesaid, That the judge of the 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. 8. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the city court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold office for the term of two years; provided, however, that the first term of his office shall expire January 1, 1907; provided further, that all terms thereafter shall be for two years from said date. All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired term, and should a vacancy occur 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. No person shall be appointed solicitor of said city court unless, at the time of his appointment, he shall have arrived at the age of twenty-five years, and shall have been a resident of said county and a practicing attorney at law three years immediately before his appointment. Solicitor. SEC. 9. Be it further enacted by the authority aforesaid, That it shall be the duty of the solicitor of said city court to represent the State in all cases in said city court and in cases carried up to Page 340 the Supreme Court from said city court to which the State shall be a party, and shall perform therein such other duties as usually appertain to this office. In case the solicitor of the said city court is absent or shall, for any other reason, be unable to attend the duties of the same, the judge of said city court shall appoint some competent attorney to act as solicitor pro tem., who shall receive the same fees as the regular solicitor. The solicitor of said city court shall receive for his services the same fees as are by law allowed solicitors-general for the like services in the superior courts and in the Supreme Court. Solicitor. SEC. 10. 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 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 the city court of the insolvency or acquittal of the defendant. Fees of solicitor in Supreme Court. SEC. 11. Be it further enacted by the authority aforesaid, That there shall be a clerk of said city court, who shall be appointed by the judge thereof; said clerk shall, before entering on the duties of his office, take and subscribe an oath before the judge of said city court to faithfully and impartially discharge the duties thereof; he shall also, before entering on the duties of his office, execute a bond, with good security, in the sum of five hundred dollars for the faithful discharge of the duties of his office, said bond to be approved by the judge of said court, and the oath and bond aforesaid shall be recorded in the clerk's office of said city court on the minutes 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 the clerks of the superior courts of this State, and who shall have power to appoint a deputy as the clerks of the superior courts. 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 of said court may, if he sees proper, appoint him to that office. Clerk. SEC. 12. Be it further enacted by the authority aforesaid, That the judge of said city court may appoint an officer to serve all processes, writs, orders and papers issued from said court, and the person so appointed in his official connection with said court shall be known as the sheriff of the city court of Swainsboro. Before entering on the discharge of the duties of his office he shall take and subscribe an oath to faithfully and impartially discharge the Page 341 duties thereof, and shall also execute a bond, with good security, in the sum of two 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 to be recorded on the minutes of said court and filed in the office of the ordinary of Emanuel county. He shall have the power to appoint a deputy, or deputies, with the consent of said judge. All duties and liabilities not inconsistent with this Act 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 Swainsboro, and to the office of sheriff of the city court of Swainsboro, respectively, and the judge of said city court of Swainsboro is empowered to exercise the same authority over said clerk and sheriff, and his deputy or deputies, as is exercised by the judge of the superior court over the clerks of the superior courts and the sheriffs of the counties in Georgia. The judge of said city court may, at any time, when, in his discretion, the ends of justice require, appoint any other person to execute any process, order or paper issued from said court, and such person appointed shall not be required to give bond, unless so ordered by the judge, but must take an oath to perform the duties of his office. He shall receive the same fees for such services as the regular sheriff of the city court receives; provided, always, that the sheriff of Emanuel county and his deputy, or deputies, shall be eligible to appointment to the office of sheriff of the city court, and shall execute any process and perform any and all duties of the said sheriff of the said city court whenever so directed by the judge of said city court. Sheriff. Duties and liabilities of clerk and sheriff. SEC. 13. Be it further enacted by the authority aforesaid, That in said city court the same rules of procedure, service, pleading and practice shall govern as now obtain in the superior courts, except as otherwise provided in this Act, and whenever, and in all cases when the rules of the superior courts can not be made applicable on account of the difference in the constitution of the said courts, then the said city court judge may make and promulgate rules to cover such cases, not in conflict with the laws of this State. Suits for not over one hundred dollars principal, and all issues and proceedings when not over one hundred dollars in value is involved may be returnable to the monthly sessions of said court and stand for trial at the first term. 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 ten days at least before the said term. All other causes and proceedings must be Page 342 brought to the quarterly terms and stand for trial at the first or second term, as similar causes would be tried in the superior courts. Procedure. SEC. 14. Be it further enacted by the authority aforesaid, That garnishment proceedings and proceedings on distress warrants in said city court shall be conformable to the laws of this State on the subject in the superior court; that scire facias to make parties in any cause in said city court shall be had as in the superior court, but said scire facias shall run throughout the State and may be served by any sheriff or his deputies thereof. Garnishments, etc. SEC. 15. 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, examinations of parties to suits, or witnesses by interrogatories or under subp[oelig]na, including testimony de bene esse, witnesses and their attendance, continuance, or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said court, unless otherwise provided in this Act. It shall be competent to make additional parties in suits or proceedings in said city court when it is necessary to determine the rights of interested persons, without reference to who are the original parties or what the nature of the proceedings. Parties may make defenses on all grounds, whether legal or equitable. Practice. SEC. 16. Be it further enacted by the authority aforesaid, That the terms of said court shall be monthly and quarterly. The monthly terms to be held on the fourth Monday in each month, and the quarterly terms to be held on the fourth Monday in February, May, August and November; provided, that the city court judge may, from time to time, change the times of holding said court. Such change to be advertised one time in the newspaper where the sheriff's sales are published; the term of such court shall last till the business is disposed of, unless sooner adjourned by the judge, and the judge may set cases for trial at convenient times, and the same may then be tried as of term, whether court has been held from day to day until said time or not. Terms of court. SEC. 17. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the same manner as judgments of the superior courts are, and all executions issuing from said court shall be attested in the name of the judge and signed by the clerk and directed to the sheriff or Page 343 his deputies of the city court of Swainsboro, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Judgments, line of. SEC. 18. 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 courts, except as otherwise provided in this Act. 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 Swainsboro, or his deputies thereof, or the sheriff and his deputies of Emanuel county, except as otherwise provided in this Act. Proceedings. SEC. 19. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments as to any matter 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 and the provisions of this Act will admit. Attachments in said court, or returnable to said court, shall be directed to the sheriff of said city court of Swainsboro, or his deputies, and to all and singular the sheriffs and constables of this State. And the judge of said city court, 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 court. Attachments and garnishments. SEC. 20. Be it further enacted by the authority aforesaid, That the judge of the said city court may exercise a summary jurisdiction by rule in case where the same is applicable, and may hear and determine all issues, disputes and proceedings arising between landlord and tenant, landlord and cropper, or master and servant, arising out of such relations, being authorized to so mold his orders and judgments as to do complete justice, and to enforce the same by execution or attachment, under the rules applicable to the superior courts. In the discretion of such judge, he may submit either the whole case or any question of facts therein to a jury at any term of said court without regard to value involved. Summary jurisdiction of judge. SEC. 21. Be it further enacted by the authority aforesaid, That scire facias to make parties and revive judgments may be had as in the superior courts, such processes running throughout the State. Parties. SEC. 22. Be it further enacted by the authority aforesaid, That said city court shall be a court of record, with a seal; and the minutes, records, dockets and files that are required to be kept in the superior courts shall be kept in and for said city court, Page 344 and in the same manner, and shall be provided for in the same manner as the superior courts. Court of record SEC. 23. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the superior court, whether civil or criminal, shall apply to said city court. And the executions shall issue and be levied and advertised and sales be had thereunder, under the same rules and laws regulating the same in the superior court, regardless of amounts involved. Judgments, how enforced. SEC. 24. 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, punish for contempt and to enforce all his judgments as is vested by law in the judges of the superior courts in this State. The judge of said city court, when so appointed, shall hold his office for the term of four years; provided, however, that the first term of his office shall expire January 1, 1907; provided further, that all other terms thereafter shall be for four years from said date. He shall not be allowed to practice law in any of the courts of this State or of the United States while he is judge of said city court of Swainsboro. The length of the term of office of said judge, as hereinbefore provided, shall not be increased or diminished, to take effect during the term for which he is appointed, neither shall the manner of selecting judge of the city court of Swainsboro be changed to take effect during the term in which any judge is serving. Judge, power, term of office, etc. SEC. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the said city court of Swainsboro to prepare and file in his office a complete copy of the traverse jury list of the superior court of Emanuel county, as provided, from time to time for such superior court. From said copy so made traverse jurors in said city court shall be drawn in the following manner: The clerk of said city court of Swainsboro shall write upon separate tickets the names of each traverse 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 jurors in the superior courts shall apply to the city court, except that the pay for summoning said jurors shall be such as is hereinafter provided. All exemptions from jury duty now in force in the county of Emanuel shall apply and be of effect in said city court. Jury list. SEC. 26. Be it further enacted by the authority aforesaid, Page 345 That all laws in reference to the qualification, relations, empaneling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply and be observed in said city court, except when inconsistent with the provisions of this Act. Jurors. SEC. 27. Be it further enacted by the authority aforesaid, That sixteen jurors shall constitute a panel, and in all cases, civil terly term, unless in the discretion of the judge the ends of justice require that one be drawn for the monthly term. If for any reason the judge of said court fails to draw a jury at the quarterly term, then the same may be drawn in vacation, in the presence of the clerk or his deputy, or the sheriff or his deputy. Juries. SEC. 28. Be it further enacted by the authority aforesaid, That sixteen jurors shall constitute a panel, and in all cases, civil and criminal, trial by jury of twelve shall be had in said city court of Swainsboro when so demanded; but trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendant shall have five strikes and the State three strikes, eight shall thus constitute a jury When a jury of eight shall have retired for the purpose of considering a case, the parties, or their attorneys, in any case may, by consent, agree to use eight jurors for the trial of their case, and this shall constitute a legal jury. If either party in a civil case or the defendant in a criminal case declines to waive 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 strikes from said panel. The jurors thus drawn on the regular panel, and likewise the talesmen which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of two dollars per day while serving as jurors in said court, same to be paid under the rules governing the payment of superior court jurors. Juries SEC. 29. Be it further enacted by the authority aforesaid, That incidental expenses of the city court shall be paid in the same manner as such expenses of the superior court are paid; such expehses shall be considered a charge upon the county, and shall be by the county treasurer paid out of the general funds of said county, upon the presentation of orders properly signed by said judge. Expenses of court. Page 346 SEC. 30. Be it further enacted by the authority aforesaid, That witnesses in civil and criminal cases of the city court shall receive the same pay from the same source and in the same manner as witnesses in the superior court. Pay of witnesses. SEC. 31. Be it further enacted by the authority aforesaid, That it shall be the duty of all committing courts in the county of Emanuel 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 jailer to communicate that fact to the judge of said city court as soon as practicable, and it shall be the duty of the judge, on receiving such information, to grant as speedy a trial as the circumstances of the case will permit. Said city court shall all the time be open for the trial of criminal cases. Commitments. SEC. 32. Be it further enacted by the authority aforesaid, That in all suits for the recovery of personal property said city court of Swainsboro shall have jurisdiction for all amounts whatsoever over the entire county. Trover suits. SEC. 33. Be it further enacted by the authority aforesaid, That no defendant in a criminal case shall have a right to demand an indictment by the grand jury, and that all criminal trials of said court shall be by the judge and without a jury, except when the accused shall in writing demand a jury. The judge of said city court, however, when in his discretion the ends of justice may demand it, may submit any case, either civil or criminal, to a jury in said court, whether one is demanded or not. Whenever the accused in a criminal case shall waive a trial by jury, or shall enter a plea to the accusation or indictment, the same shall be a waiver of trial by jury, and he shall not thereafter have the right to recall such waiver; when a trial by jury is demanded, if it is at a special session of the court, the case shall be continued to the next jury term of the court, and shall then stand for trial as other jury cases. When, on investigation of a case on accusation, the same appears to be a felony, the trial shall be suspended and the defendant committed or bound over to the next superior court, as in preliminary examinations. If the judge of said city court be disqualified in any criminal case transferred from the superior court of said county, the said case, in the discretion of said judge, may be re-transferred to the superior court of said county, either Page 347 in term time or vacation. The judge of the superior court of said county is hereby directed and required to transfer all misdemeanor cases from said court to the said city court of Swainsboro, either in term time or vacation. In any criminal case in which the judge of the city court may be disqualified, he may, if he sees proper, transfer the same, either in term time or vacation, to the superior court of Emanuel county. Trials in criminal cases SEC. 34. Be it further enacted by the authority aforesaid, That the judge of the superior court of said county shall, by order, transmit to said city court for trial all presentments and bills of indictment found by the grand jury for offenses within the jurisdiction of said city court, the order so transmitting such cases 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 shall in such case be bound to appear in said city court at its first jury term after such bill is transferred. In like manner the judge of the superior court of said county may, by order, transmit to said city court all civil cases standing for trial upon the docket of the superior court of said county and which are embraced within the jurisdiction of said city court, which he may deem proper; provided, both parties agree thereto. Transfers from superior court. SEC. 35. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court shall be tried on written accusation setting forth plainly the offense charged, founded upon the affidavit of the prosecutor, and signed by the solicitor of said city court, or solicitor pro tem. in case the solicitor pro tem. is acting for the regular solicitor, and shall have endorsed thereon the name of the prosecutor. All other 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, unless otherwise provided in this Act. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior court. Accusation. SEC. 36. Be it further enacted by the authority aforesaid, That a writ of error shall be from said city court of Swainsboro 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 348 SEC. 37. 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 waivers, pleadings and procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules as in said superior courts. Practice. SEC. 38. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions, and under the same laws and regulations, in every respect, governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion should be made and passed upon by the judge of said city court within ten days after the rendition of the judgment complained of, and not afterwards, unless for a good cause; further time may, by order, be granted, in the discretion of the judge of said court. In other respects such motion shall be governed by the ordinary rules aforesaid. New trials. SEC. 39. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners, or joint trespassers, in which any one or more resides in the county of Emanuel, may be brought in said city court of Swainsboro; provided, said court has jurisdiction of the amount involved, 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 promisors, etc. SEC. 40. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuance, motion, pleas and practice shall be applicable to said city court and shall obtain therein. Rules of practice. SEC. 41. Be it further enacted by the authority aforesaid, That the first quarterly term of said city court to which a civil case is brought shall be the appearance or return term, the second shall be the trial or judgment term, and all the laws, rules and practices in said court with reference to terms thereof and to the continuance, pleadings, and trial of causes therein, shall be the same as in the sperior court, unless otherwise provided in this Act. Appearance and trial terms. SEC. 42. Be it further enacted by the authority aforesaid, Page 349 That the first monthly term of said court to which a civil case is brought shall be the trial or judgment term unless a plea or pleas, or answer, be filed thereto, in which event the case shall be continued and stand for trial at the next regular monthly term; provided, howevr, that if at the first term both parties are ready for trial the same shall be the trial or judgment term. First term. SEC. 43. Be it further enacted by the authority aforesaid, That whenever the judge of said city court of Swainsboro is, from any cause, disqualified from presiding in a civil case, and the judge of the superior court is absent, or can not from any cause preside in said court, then, upon selection of a judge pro hac vice by the parties, or upon their failure or refusal to select one, said cause shall be tried by a judge pro hac vice selected in the manner as is now provided for in the superior courts; that is, a judge pro hac vice shall be selected by the clerk of said city court. Judge, pro hac vice. SEC. 44. 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 direct, or, if no directions be given, the court shall be adjourned to the next regular term. Adjournments. SEC. 45. Be it further enacted by the authority aforesaid, That the fees of the clerk of said city court shall be as follows: For each criminal case tried on indictment or presentment, handed down from the superior court, three dollars; for each commission to take testimony, fifty cents; for each subp[oelig]na, fifteen cents; for filing declaration and docketing civil cases brought to quarterly term, two dollars; issuing copy and process, one dollar; each copy after the first, fifty cents; issuing and docketing fi. fa., seventy-five cents; filing mortgage or lien foreclosure, fifty cents; docketing mortgage or lien foreclosure, one dollar. In all cases brought to the monthly term he shall receive for filing and docketing case, one dollar; copy and process, one dollar; each copy after the first, fifty cents; issuing and docketing fi. fa., seventy-five cents; filing mortgage or lien foreclosure, fifty cents; docketing mortgage or lien foreclosure one dollar. Fees of clerk. SEC. 46. Be it further enacted by the authority aforesaid, That the fees of the sheriff of said city court and of the sheriff of Emanuel county, when acting as sheriff of said city court, in all civil cases brought to the quarterly term thereof shall be, for serving each copy, two dollars; levying fi. fa., two dollars; settling fi. fa., two dollars; serving each subp[oelig]na, fifty cents; commission on sales, the same as in the superior court; serving garnishment, two dollars; levying attachment two dollars; and in Page 350 all civil cases brought to the monthly term thereof he shall receive for serving each copy, one dollar; settling fi. fa., one dollar; levying fi. fa., one dollar; serving each subp[oelig]na, fifty cents; commission on sales, the same as in the superior court; serving garnishment, one dollar; levying attachment, one dollar. For his services in all criminal proceedings he shall be entitled to the same fees as are allowed to the sheriffs in the superior courts. For attending sessions of the city court he shall be paid one dollar per day out of the county treasury; and if it is necessary for him to have a deputy or special bailiff in attendance upon a quarterly term of said city court, he shall receive one dollar for the services of said deputy or bailiff. The sheriff of said court shall be entitled to a fee of three dollars for summoning the traverse jurors for each term, to be paid in the same manner as the sheriffs of the superior court are paid for such services. For other services not provided for, the judge of said city court may, by order, fix the amount of compensation. Fees of sheriff. SEC. 47. Be it further enacted by the authority aforesaid, That all fines, forfeitures and convict hire arising from cases tried in said city court shall be paid out by an order of the judge of the said city court. The fines and forfeitures arising from cases transferred from the superior courts to the city court shall be distributed among the officers of the superior court and the city court, justices of the peace and constables, if any, according to their pro rata shares, and fines and forfeitures arising from cases originating in said city court shall be prorated between the solicitor, the clerk, the sheriff of said city court, the justices of the peace and constables, on their bills for insolvent cost. If at any time there shall be a surplus of the insolvent funds arising from the cases originating in the city court after the insolvent cost bill of the officers of the city court is fully satisfied, then such excess shall be paid into the county treasury. Fines and forfeitures and convict hire. SEC. 48. Be it further enacted by the authority aforesaid, That the county commissioners of Emanuel county, or such officers having charge of the finance of said county, shall provide the necessary books for keeping dockets, records, minutes of said city court and all other books and stationery to run said court, and shall provide a suitable place in the court-house in the city of Swainsboro for the holding of the city court of Swainsboro. Court-house, etc. SEC. 49. Be it further enacted by the authority aforesaid, That the judge of said city court shall, when in his discretion the same is expedient, have power to appoint a reporter or stenographer for said city court, whose duty it shall be to take down Page 351 the testimony, charge of the court, etc., in all criminal cases tried in said court and in such civil cases as the parties thereto may agree to have reported, and preserve said testimony. Said stenographer shall be allowed as fees for such services the sum of $7.50 per day, the same to be paid upon an order issued by the judge of said court from the fines and forfeitures arising in said court. Said stenographer or reporter shall not prorate in said fines and forfeitures with the other officers of the court, but shall be paid in full for said services before any of the fines or forfeitures are distributed among the other officers of said court. In case any motion for new trial or motion in arrest of judgment be filed, and either party at interest desires said stenographer or reporter to furnish for him a report of testimony or other proceedings in said case, said stenographer shall furnish the same and shall be paid therefor by the party requesting the same a rate not to exceed 7 cents per one hundred words. For all other reports or proceedings furnished by said stenographer or reporter, and which are not herein specially mentioned, he shall receive the same rate as herein provided for furnishing evidence in cases of motion for new trials and in motions in arrest of judgment. In case of conviction a reporter's or stenographer's fee of two dollars shall be taxed in bill of costs by the clerk, and shall be entered up against the defendant, on which the clerk of said court shall issue his execution and the money arising therefrom shall be paid into said court along with the fines and forfeitures arising therein, and be distributed among the officers of said court in the same manner as are the fines and forfeitures of said court. The compensation of said reporter or stenographer for services in such civil cases as the parties thereto may agree among themselves to have reported, shall be such an amount as the parties thereto and the stenographer may agree upon. In case no agreement is nor can be made it shall be the duty of the judge to fix the compensation for the stenographer in the particular case or cases so reported. The fees charged as hereinbefore provided, shall be divided equally among the parties thereto, unless otherwise agreed upon among themselves. Stenographer. SEC. 50. Be it further enacted by the authority aforesaid, That the judge of said court shall have the authority, when, in his discretion, the same is to the best interest of the court, to discontinue or vacate said office of reporter or stenographer, or to re-establish the same if discontinued or vacated by proper order spread upon the minutes of said court. Stenographer. Page 352 SEC. 51. Be it further enacted by the authority aforesaid, That before any reporter or stenographer of said court herein provided shall enter upon the discharge of his duties, he shall take and subscribe an oath to faithfully and impartially discharge the duties devolved upon him as reporter or stenographer of said court to the best of his understanding and ability, which oath shall be filed with the clerk and spread upon the minutes of said court. Stenographer. SEC. 52. Be it further enacted by the authority aforesaid, That the clerk of said city court in all cases in which the amount involved is fifty dollars or more shall receive for journal work in said cases the same fees as are now allowed the clerk of the superior court for journal work. In all cases in which the amount involved is less than fifty dollars he shall receive only one-half as much as hereinbefore prescribed in this section. Fees of clerk. SEC. 53. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. CITY COURT OF SYLVESTER, ACT CREATING AMENDED. No. 493. An Act to amend an Act, approved August 21, 1905, establishing the city court of Sylvester, so as to add to the duties of the clerk of the court, change the fee bill of the sheriff and the clerk, provide for additional 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 the authority of the same, That section 7 of an Act approved August 21, 1905, establishing the city court of Sylvester, in and for the county of Worth, be amended as follows: By adding after the word Sylvester in the eighth line of section 7, the following words, to wit: And in addition thereto he shall be required to make a calendar of both civil and criminal cases not less than ten (10) days before each term of said court for convenience of litigants and their counsel, so that said section, when amended, shall read as follows: That the clerk of the superior court of Worth county shall be ex-officio Page 353 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; and in addition thereto he shall be required to make a calendar of both civil and criminal cases, not less than ten (10) days before each term of said court, for the convenience of litigants and their counsel. 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 court and sheriffs of the counties of Georgia. City court of Sylvester. Clerk. SEC. 2. Be it further enacted by the authority aforesaid, That section eight of the aforesaid Act be amended by adding after the words shall allow in line fifteen of said section eight the following words, to wit: Except that the fees of the clerk in all suits in which the principal sum is one hundred dollars or under shall be two dollars, and for extra copies fifty cents, and the fees of sheriff in such suits shall be two dollars for service of first copy of process and one dollar for each additional copy and process; and the issuing and serving of subp[oelig]nas shall be the same in such cases as in other cases, and the clerk to make no final record in such cases. This amendment to apply to all classes of cases of suits of one hundred dollars or less, so that said section, when so amended, shall read as follows: 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 a 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; except that the fees Page 354 of the clerk in all suits in which the principal sum is one hundred dollars or under shall be two dollars and for extra copies fifty cents and the fees of sheriffs in such suits shall be two dollars for service of first copy and process and one dollar for each additional copy and process, and the issuing and serving of subp[oelig]nas shall be the same in such cases as in other cases, and the clerk to make no final record in such cases. This amendment to apply to all classes of suits of one hundred dollars or less. 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, 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 clerk and sheriff. SEC. 3. Be it enacted by the authority aforesaid, That section ten of said Act be amended as follows, to wit: By adding after the word quarterly in the second line of said section ten the following words, to wit, and monthly; and also by adding after the word business in the third line of said section ten the following words, to wit: Except that no jury shall be required for the monthly term, so that said section, when amended, shall read as follows: That the terms of said city court shall be quarterly and monthly for the trial and disposition of both criminal and civil business; except that no jury shall be required for the monthly terms. 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 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, a 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 Page 355 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, etc. SEC. 4. Be it enacted by the authority aforesaid, That section thirty of said Act be amended by adding after the word misdemeanor in the fourth line of section thirty of said Act the following words, to wit: And immediately upon committing a defendant the committing magistrate shall serve the prosecutor by handing him a written notice to appear on a day named in said notice at the office of the solicitor of said city court for the purpose of preparing said case for trial, and the committing magistrate shall at the same time make entry of such service of notice upon the warrant and forward same promptly to said solicitor; and for giving which notice the magistrate shall be entitled to a fee of fifty cents to be taxed as other costs in said case. Any prosecutor who thereafter fails to respond to said notice shall be held to have abandoned the prosecution and shall become liable for all accrued costs, and the proceedings against him thereafter shall be by rule nisi served upon him and made returnable to a following term of court, the procedure and fee of officers in such cases to be the same, in so far as applicable, as in estreatment in bond forfeitures. Whenever a defendant shall be bound over to appear at a term of the city court and two regular quarterly terms of said city court shall pass without the filing a docketing of an accusation in said case, the defendant shall, on motion of himself or counsel, be held to be absolutely acquitted and discharged of the offense charged in the warrant, so that said section, when amended, shall read as follows: 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 immediately upon committing the defendant the committing magistrate shall serve the prosecutor by handing him written notice to appear on a day named in said notice at the office of the solicitor of said city court for the purpose of preparing said case for trial, and the committing magistrate shall at the same time make entry of such service of notice upon the warrant and forward same promptly to said solicitor, and for giving which notice the magistrate shall be entitled to a fee of fifty cents to be taxed as other costs in said case. Any prosecutor who thereafter fails to respond Page 356 to said notice shall be held to have abandoned the prosecution and shall become liable for all accrued costs, and the proceedings against him thereafter shall be by rule nisi served upon him and returnable to a following term of court, the procedure and fees of officers in such cases to be the same, in so far as applicable, as in estreatment in bond forfeitures. Whenever a defendant shall be bound over to appear at a term of the city court and two regular quarterly terms of said court shall pass without the filing a docketing of an accusation in said case, the defendant shall, on motion of himself or counsel, be held to be absolutely acquitted and discharged of the offense charged in the warrant, 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 jailer to communicate that fact to the judge of said city court as soon as practicable, and it shall be the duty of the judge upon receiving such information in any manner to grant as speedy trial as the circumstances of the case will admit. Said city court shall at all times be open for the trial of criminal cases. Commitments and trials in criminal cases. SEC. 5. Be it enacted by the authority aforesaid, That section forty of said Act be amended by adding at the end thereof the following words, to wit: Provided, that the fund arising from the hire of convicts from this court shall go into the county treasury for county purposes subject only to the fees of officers in each particular case, so that said section, when amended, shall read as follows: 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 court of this State are distributed by the solicitor-general, the same being hereby made subject to the insolvent cost bill 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 court 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; provided, that the fund arising from the hire of convicts from this court shall go into the county treasury for county purposes, subject only to the fees of officers in each particular case. Fines, forfeitures and convict hire. Page 357 SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. CITY COURT OF TIFTON ABOLISHED. No. 514. An Act to repeal an Act entitled An Act to establish the city court of Tifton in the city of Tifton, Berrien county; to define its jurisdiction and powers and for other purposes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to establish the city court of Tifton, Berrien county; to define its jurisdiction and powers, and for other purposes, approved December 18, 1902, be, and the same is, hereby repealed. City court of Tifton abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all cases, both civil and criminal now pending in said court shall immediately upon the creation of a constitutional city court in and for the city of Tifton and county of Tift, stand transferred thereto; and the officers of the old city court shall at once deliver to the officers of the new all books, records, papers and files in their custody belonging to such old city court. Pending cases transferred. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall take effect and become operative when a bill entitled An Act to create and establish the city court of Tifton, in and for the county of Tift, etc., shall have been approved by the Governor of Georgia and become effective. Act effective, when. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 18, 1906. Page 358 CITY COURT OF TIFTON ESTABLISHED. No. 516. An Act to create and establish the city court of Tifton, in and for the county of Tift; to define the civil and criminal jurisdiction of said city court; provide for the terms thereof; to provide for the election of a judge and solicitor thereof by the qualified voters of Tift county, and to fix the salary of the judge of said court, and the costs and fees of the solicitor thereof; prescribe the duties and powers of the officers of said court; to provide that the clerk of the superior court of Tift county shall be clerk of said court, and that the sheriff of Tift county shall be the sheriff of said court; and to fix the fees of such officers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the city court of Tifton be, and the same is, hereby created and established, with jurisdiction both civil and criminal over the whole county of Tift, concurrent with the superior court to try and dispose of all cases of whatsoever nature, except in those cases by which the Constitution has given and vested exclusive jurisdiction in the superior court. This Act to take effect on the first day of January, 1907, after its passage and approval by the Governor. City court of Tifton, jurisdiction SEC. 2. Said court shall be known as the city court of Tifton, and the sessions thereof shall be held in the city of Tifton, at the county court-house, or such other place as may be designated by the county authorities of Tift county. The regular sessions of said court shall be held bi-monthly for the trial of all business, civil and criminal, commencing on the second Monday in January, 1907; the sessions thereof shall be held on the second Mondays in January, March, May, July, September and November; provided, however, that the judge of said court may in the exercise of a sound discretion change the time for holding the terms as hereinbefore fixed; due notice of such change to be published once a week for four weeks in the newspaper in which the sheriff's advertisements are published, before it shall become effective. Terms of court, etc. SEC. 3. There shall be a judge of said city court of Tifton, who shall be elected by the qualified voters of Tift county at the general election of county officers to be held in said county in October, 1906, whose term of office shall begin on the first day of January, 1907, and shall be for a term of two years from said date, or Page 359 until his successor is elected and qualified; said judge to be elected under the same rules and regulations as those governing the election of county officers. A judge of the said city court of Tifton shall be elected every two years at the regular election for county officers held in October, beginning in October, 1906, and whose term of office shall begin on the first day of January following the time of his election, and shall be commissioned by the Governor for a term of two years, or until his successor is elected and qualified. If a vacancy should occur by death, resignation or otherwise, the Governor shall appoint a judge to fill such vacancy, such appointee to hold office until the first of January next succeeding a general election of county officers, at which general election a judge shall be elected for the unexpired term. The judge of said city court of Tifton shall receive a salary of nine hundred dollars ($900) 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 Tift. For his services as judge he shall receive no compensation other than that herein provided for. Judge, election, etc SEC. 4. Before entering upon the discharge of the duties of his office, the judge of said city court shall take and subscribe the oath of all civil officers, and in addition thereto the following, viz.: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the 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 Tifton, of this State, according to the best of my ability, and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States; so help me God. No person shall be appointed judge of said court unless he shall have at the time of his appointment attained the age of twenty-seven years, and been a citizen of said State and the territory included within the limits of the county of Tift two years; and shall be a lawyer and have actively engaged in the practice two years next preceding his appointment. Oath and qualification of judge SEC. 5. The judge of the city court of Tifton may practice law in any of the courts of this State, or the United States, except the city court of Tifton, and the Supreme Court on writs of error from the city court. Judge may practice law. SEC. 6. There shall be a solicitor of said city court, who shall be elected at the same time and in the same manner that the judge of said court is elected; his term of office shall commence on the first day of January, 1907, and he shall be commissioned by the Governor for a term of two years from that date. His successor Page 360 shall be selected and chosen in the same manner as the successor of the judge of said court, and vacancies in the office of solicitor shall be filled in like manner. Said solicitor shall be prosecuting officer of the city court of Tifton; must be at least twenty-five years of age at the time of his election, and must have been a resident of the territory embraced in the county of Tift at least two years immediately preceding his election; and shall have been engaged in the practice of law for the term of two years next preceding his election. It shall be the duty of such solicitor to represent the State of Georgia in all cases in said city court in which the State shall be a party; and in the Supreme Court in such cases on writs of error from said city court. He shall give bond in the sum of $1,000 for the faithful performance of the duties of his office; such bond to be made payable to the Governor of Georgia, approved by the judge of said court and entered upon its minutes. The solicitor of the said city court shall have the same fees and compensation in all cases prosecuted or handled by him in said city court as are now or may hereafter be paid to solicitors-general in the superior courts for like services, and such fees shall be paid in the same manner as the fees of solicitors-general are paid, except that in cases where convicts are hired out by the county authorities of Tift county, or worked upon the chain-gang of the county of Tift, the solicitor and other officers of said city court shall be paid from the treasury of Tift county the costs that may be due them in such cases, on bill of such cost being approved by the judge of said city court and warrant drawn on the county treasurer by the proper county authority for such costs. Solicitor, election, etc. SEC. 7. The insolvent costs of the solicitor of said court, and other officers of said court, justices of the peace and other committing courts, shall be paid from the fine and forfeiture fund, if any, shall be paid over to the county treasurer of Tift county, and placed in the general county fund of said county of Tift to be used for county purposes; and the fund arising from the hire of convicts in said city court shall go into the county treasury of Tift county, and the costs of the solicitor and other officers in such cases shall be paid from the county treasury as hereinbefore provided. Insolvent costs. SEC. 8. The county authorities of Tift county shall have exclusive control of all convicts in said city court of Tifton in all cases where the fine assessed is not paid by such convict. Control of convicts. SEC. 9. Before entering upon the discharge of his duties, the solicitor of the city court of Tifton shall, in addition to the oath required of all civil officers, take and subscribe the following oath, to wit: I do solemnly swear that I will well and truly perform Page 361 all the duties devolving upon me as solicitor of the city court of Tifton impartially and to the best of my skill and ability without fear, favor or affection; so help me God. Oath of solicitor. SEC. 10. In all criminal cases carried up from said city court of Tifton to the Supreme Court the solicitor of said city court shall receive the same fees as are now paid solicitors-general for like services and to be paid in the same manner as solicitors-general are paid for such services in cases carried up from the superior courts. Fees of solicitor in Supreme Court. SEC. 11. The solicitor of the city court of Tifton shall have control of the fine and forfeiture fund arising in said court, and shall pay out the same on orders approved by the judge of said city court; and such solicitor shall after the November term of said city court, in each and every year, pay over to the county treasurer the balance of the fine and forfeiture fund remaining in his hands after all legal claims against such fund have been satisfied. Fines and forfeitures. SEC. 12. The clerk and the sheriff and their deputies of the superior court of Tift county shall be ex-officio clerk, sheriff and deputies of said city court, and for services rendered in said city court shall be entitled to the same fees as are allowed them by law in the superior court, except where otherwise provided herein; and provided further, that no per diem shall be allowed such clerk or sheriff or their deputies for services in said city court; provided further, that if the clerk or sheriff of the superior court shall not be able to discharge the duties of clerk or sheriff of said court, then the judge of said court shall have power and authority to appoint a clerk or sheriff pro tem., who shall have the same powers and receive the same costs that the superior court clerk or sheriff receive for their services. Clerk and sheriff. SEC. 13. Before entering upon the discharge of his duties, the clerk of the said city court shall execute a bond with good and sufficient security in the sum of two thousand dollars for the faithful performance of his duties as such clerk; such bond to be approved by the judge of said city court and entered upon the minutes. Bond of clerk. SEC. 14. The sheriff of the city court of Tifton before entering upon the discharge of his duties as such sheriff, shall execute a bond with good security in the sum of five thousand dollars for the faithful discharge of his duties; such bond to be approved by the judge of said city court and entered upon the minutes. Bond of sheriff. SEC. 15. All the duties and liabilities attached to the offices Page 362 of clerk and sheriff of the superior court shall be attached to the clerk and sheriff of said city court respectively, and the judge of the said city court is empowered to exercise the same authority over the clerk and sheriff or their deputies as is exercised by the judge of the superior court over the clerks and sheriffs of the superior court. Duties and liabilities of clerk and sheriff. SEC. 16. The judge of said city court is authorized to appoint not exceeding two bailiffs as officers of said court, the compensation of such bailiffs to be the same as that allowed bailiffs in the superior court. Bailiffs. SEC. 17. The clerk and sheriff of the city court of Tifton in all suits brought in said city court, where the principal sum is one hundred dollars or less, shall only receive justice court costs. Costs of clerk and sheriff. SEC. 18. Said city court of Tifton 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 to be kept for the superior court shall be in like manner kept for said city court; and all laws applicable to the sheriff and clerk in the superior court shall apply to such officers of the city court, except where in conflict with the provisions of this Act. The same methods of procedure that govern in the superior court shall be followed in said city court, unless inconsistent with the nature of said court. Court of record. SEC. 19. The regular sessions of said court shall be held on the dates hereinbefore fixed and continue in session for the term of one week if necessary to transact the business of said court; provided, that if necessary to properly dispose of the business of said court, the judge thereof may hold special or called terms of said court as in his discretion is needful; and provided further, that adjourned terms of said court may be held when necessary in the discretion of the judge for the transaction of civil or criminal business in which demand for jury trial is made. It is further provided that for the purpose of receiving pleas of guilty or for the trial of criminal cases where no jury is demanded by the defendant, the judge of said city court may hold special terms of said court at any time. Terms of court. SEC. 20. The judge of said city court shall have power and authority to hear and determine all civil cases over which said city court has jurisdiction, and to give judgment thereon without the intervention of a jury; but any party, in any case, at any time, on or before the call of said case for trial shall be entitled to demand and have a trial of such case by a jury. Trials in civil cases. SEC. 21. The judge of said city court shall have power to try all criminal cases within the jurisdiction of said city court and dispose of the same without a jury in all cases in which the defendant Page 363 shall not demand a jury trial. In such cases the defendant may demand and have a jury to try his case, provided such demand shall be made in writing and signed by himself or his counsel before the introduction of any evidence in the case. Trials in criminal cases. SEC. 22. The judge of the superior court of Tift county and the judge of said city court may preside in the court of each other in said county in cases where the judge of either court is disqualified to preside from any cause. Judges of superior court and city court. SEC. 23. When from any cause the judge of said city court is disqualified from any cause from presiding in said court, he may procure the services of a judge of the superior court, or a judge of a city court of like kind to try said cause or causes; provided, that when the judge of the city court is disqualified to preside in any civil case, and has failed to procure the services of a judge to try said case, then the parties litigant may select any attorney of this State to preside in such case, and the attorney so selected shall exercise all the functions of a judge in such case. In all cases where the case is reached in its order on the docket, and the parties litigant fail to agree on an attorney to try the case, then it will be the duty of the clerk of said city court to select some competent attorney practicing in that court, who shall have authority to exercise the powers of a judge in such case. Judge prohac vice. SEC. 24. After each session of the superior court of Tift county the judge of the superior court shall cause all presentments and bills of indictment for offenses below the grade of felony to be transferred to said city court for trial; and in all such transferred cases the solicitor-general shall be paid his fees and the clerk and sheriff shall be paid their costs for services in the superior court, to be paid as hereinbefore provided. Transfers from superior court. SEC. 25. Any person may be tried before the city court of Tifton on a written accusation which shall plainly set forth the offense charged and shall be signed by the prosecutor and prosecuting attorney; and such accusation must be based upon an affidavit made before the judge of said city court. When the accused is not already under bond or in jail, such accusation shall be filed in the clerk's office and the judge shall issue a warrant for the arrest of the defendant directed to all and singular the sheriffs and deputy sheriffs and constables of said State. Accusation. SEC. 26. In all cases where defendants are brought before the court on charges coming within the jurisdiction of said city court, such defendant shall not have the right to demand indictment by the grand jury, but shall go to trial on the written accusation hereinbefore provided for. When any person charged with an offense within the jurisdiction of the city court of Tifton shall be Page 364 brought before the court before being arraigned, the judge shall inquire of such person whether he demands a trial by jury, and the response of the defendant shall be indorsed upon the accusation or indictment, and if the defendant demands a trial by jury, the judge shall proceed with said cause at a regular or adjourned term of court, when a jury is empaneled qualified to try such case according to the rules of the superior court applicable to such cases, except that the jury shall be selected in the manner provided by this Act; if the defendant does not demand a trial by jury, then the judge shall proceed to hear and determine such case; provided, that a reasonable time shall be granted to the State or defendant to procure witnesses and prepare for trial. In all cases the judge shall have the right to fix bail for the defendant pending the trial and determination of his case. Trials in criminal cases. SEC. 27. In all trials of criminal cases on accusations founded on affidavit, the counsel for the State shall have the right at any stage of any case, or any trial, to amend the allegations in the accusation, both in substance and in form so as to cure any legal or technical defect, and to secure all allegations necessary to charge the crime or make the allegations conform to the proof to avoid variance of allegations and proof in the crime as originally charged; provided, the presiding judge may, if in his judgment the ends of justice so require, grant a continuance to the defendant on the ground of surprise. Amendments. SEC. 28. In all cases, civil or criminal, in said court the rules and laws of the superior court in regard to peremptory challenges shall apply and obtain in said city court. Challenges. SEC. 29. In all matters pertaining to pleading and practice in said city court the laws and rules governing pleading and practice in the superior courts, where not inconsistent with the express provisions of this Act, shall apply to and govern said city court pleading and practice in every particular. Rules of practice. SEC. 30. All persons liable to serve as grand and petit jurors in the superior court of said county shall be liable to serve as jurors of said city court; and it shall be the duty of the clerk of said city court to copy into a book to be provided for this purpose a list of the names of all persons liable to serve as grand or petit jurors in the superior court of said county, to be taken from the lists of said superior court as prepared by the jury revisors of the county of Tift, 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 by the jury revisors of said county of Tift to conform to said revision; and such books shall contain the lists of persons so liable to serve as jurors in said city court, as above directed, and Page 365 shall be alphabetically arranged and shall be kept in the office of the clerk of said court. The clerk of said city court shall, under the direction and the supervision of the judge of said city court, write on separate slips of paper the names of each juror and shall place the same in a box to be kept for that purpose and from which box shall be drawn the jurors to serve in said city court of Tifton, and the jurors to serve in said city court shall be drawn as follows: At each term of the city court the judge shall draw from the jury box twenty-four names of jurors to serve at the next succeeding term of said city court, and as the names shall be drawn from the jury-box the clerk shall write the name of each juror drawn. The jury-box hereinbefore provided for shall be divided into two compartments which shall be numbered one and two, respectively, and when the jury-lists are first prepared, the names of all jurors shall be placed in compartment number one, and as the jurors are drawn from compartment number one they shall be placed in compartment number two, and box number one shall be drawn from until exhausted; and no juror shall be drawn from box number two until box number one has been exhausted, and when all the names in box number one have been drawn, then all the tickets shall be removed from box number two and placed in box number one and thoroughly mixed and drawn from as before. If from any cause it shall become necessary to draw a jury for said city court in vacation, either the judge of said city court or a superior court judge may at any time twenty days before the next term of court, in the presence of the clerk and sheriff of said city court, proceed to draw jurors in the manner above prescribed. The judge of said city court shall, at the drawing of jurors as above set out, seal and lock said jury-box, and the clerk shall keep said jury box and the sheriff shall keep the key to same. It shall be the duty of the clerk of said city court, under the direction and supervision of the judge, within six days of the election and qualification of the judge of said court, or as soon thereafter as is practicable, to prepare said jury list and boxes as hereinbefore provided, and after said boxes are prepared, the jury to serve at the first bi-monthly term of said court shall be drawn as above provided for drawing juries in vacation. Jurors. SEC. 31. The judge shall cause to be made up from the list of twenty-four jurors drawn as above set forth two panels of jurors, which shall be known and distinguished as panel number one and panel two, and in case from any cause said panel shall be reduced below twenty-four, the judge shall have power to fill by causing tales jurors to be summoned instanter. And the jurors Page 366 thus empaneled shall be the jury to try all cases, civil and criminal, that may be tried at the term of the court for which they are empaneled; and in each and every case where a jury trial is demanded, same shall be tried by twelve jurors unless the parties consent otherwise. Juries. SEC. 32. All laws with reference to the drawing, selecting and summoning petit and tales jurors in the superior court shall apply to and in said city court, except as herein otherwise provided. Juries. SEC. 33. Where not otherwise provided herein all laws in reference to the qualification, relations, drawing, summoning and empaneling and of challenging now of force in this State, or that may hereafter be enacted by the General Assembly, shall obtain in said city court. Jurors. SEC. 34. The clerk shall make out a precept containing the names of the persons drawn as jurors as above directed, and a summons for each juror and deliver the same to the sheriff fifteen days before the next term of said city court, whose duty it shall be to serve each of such persons by handing him a summons personally or by leaving same at his most notorious place of abode. Jurors SEC. 35. One or more extra panels of jurors may be summoned for said city court when necessary in the discretion of the judge. Juries. SEC. 36. In all civil cases, to the declaration the clerk shall annex a process, signed by the clerk or his deputy, and bear test in the name of the judge of said city court, and directed to the sheriff of said city court and his deputies, which shall bear date at least twenty days before the term of the court to which it may be brought, and must be served upon the defendant fifteen days before the said term in the same manner as in the superior court. Service in civil cases. SEC. 37. The jurisdiction, methods and proceedings in the said city court shall be the same as in the superior court, unless otherwise provided in this Act. Pleadings. SEC. 38. That the laws of enforcing judgments in the superior courts, whether civil or criminal, shall apply to said city court, and execution shall issue and be levied and sales had thereunder under the same rules and laws regulating the same in the superior court. Judgments, how enforced. SEC. 39. All matters pertaining to the commencement of suits, pleading and defenses shall be the same in said city court as obtain in the superior court, where applicable, and not inconsistent with the provisions of this Act. Pleadings. SEC. 40. Said court shall have jurisdiction of all claim cases where personal property is involved to be tried in the same manner and under the same rules as obtain in the superior court in such cases. Where an execution issued from said city court shall Page 367 be levied upon land and a claim is interposed, same shall be returned to the superior court of the county where such land lies for trial. Claims. SEC. 41. All laws upon the subject of attachments and garnishment as to any matter whatsoever 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 shall have the same power as to the issuing of attachments and summons of garnishment as is now vested by law in the justices of the peace of the State of Georgia. All attachments issued returnable to said city court shall be directed to the sheriff and his deputies of the city court of Tifton. The judge of said city court, or any justice of the peace, or ex-officio justice of the peace, can issue attachments returnable to said city court under the same laws that govern the issuing and return of attachments to the superior court. Attachments and garnishments. SEC. 42. A scire facias to make parties in any cause in said city court shall be the same as obtains in the superior court. Parties. SEC. 43. The laws, regulations and rules governing the production of papers, the perfecting of service by publication, the appointing of guardians ad litem, the procuring of testimony by interrogatories and depositions, in the superior courts of this State shall obtain in the said city court of Tifton. Practice. SEC. 44. The judge of said city court shall have power to cause 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 all oaths pertaining to their offices 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 in which by existing laws such papers may be attested and affidavits administered by justices of the peace of this State, and the judge of said court shall have all the power and authority throughout his jurisdiction of 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 judge of said city court so far as the same may be applicable. Powers of judge. SEC. 45. The judge of said city court shall have power to issue, to hear and to dispose of writs of habeas corpus in the same way and with the same power as judges of the superior court. Habeas corpus. Page 368 SEC. 46. The judge of said city court shall have power and authority to grant new trials in any case tried in said city court upon the same conditions and under the same laws that govern the granting of new trials in the superior court. New trials. SEC. 47. The writ of error shall lie 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 filing of bills of exception and the issuing of writs of error in the superior courts of this State. Writs of error. SEC. 48. 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. Powers of judge. SEC. 49. That all jurors in said city court shall receive the same per diem as shall be paid jurors in the superior court of Tift county on scrip signed by the clerk of said city court. Per diem of jurors. SEC. 50. In all cases in said city court the same powers and rights of parties as to waivers in pleading or procedure, or other matters pertaining to the same, shall be allowed and upheld as are allowed and upheld by laws and rules governing parties in the superior court. Practice. SEC. 51. The said city court of Tifton shall be held in the county court-house in the city of Tifton in said county, and the ordinary or board of county commissioners, as the case may be, shall provide all necessary books, dockets, minutes and records and all other necessary articles to properly run said city court of Tifton. Court-house, etc. SEC. 52. All cases undisposed of in the city court of Tifton as heretofore existing, both civil and criminal, shall be transferred to said city court for trial, and no additional service or notice shall be required in such cases than as obtained in the city court of Tifton heretofore existing. And in all cases transferred as aforesaid the officers of the city court of Tifton as heretofore existing shall be paid the costs due them in such cases when such cases are disposed of. Transferred cases. SEC. 53. In case of the absence of the solicitor of said city court, or his inability from any cause to discharge the duties of his office, the judge of said city court may appoint a solicitor pro tem., who shall perform under the terms of such appointment the duties and receive the compensation provided for the regular solicitor of said city court. Solicitor pro tem. SEC. 54. It shall be unlawful for any judge or solicitor of said Page 369 city court, or any other officer thereof, to receive for himself, or any member of his family, either directly or indirectly, any favor from any railroad company or any railroad free pass or any like favor from any other quasi corporation not enjoyed by the general public. No employee, agent or attorney of any railroad company or other quasi public corporation, shall be eligible to hold any office of said city court of Tifton while so connected with such corporation. Railroad passes. SEC. 55. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 21, 1906. CITY COURT OF VALDOSTA, ACT CREATING AMENDED. No. 604. An Act to amend an Act establishing the city court of Valdosta, in and for the county of Lowndes, approved December 11, 1901, as amended by certain Acts amendatory thereof, approved December 19, 1902, and August 15, 1905, respectively, so as to provide for the drawing and empaneling of three panels of jurors 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, establishing the city court of Valdosta, in and for the county of Lowndes, approved December 11, 1901, and embodied in the Acts of 1901, pages 176 to 188 inclusive, as amended by the Act amendatory thereof, approved December 19, 1902, embodied in the Acts of 1902, pages 193 to 194, be, and the same is, hereby amended by striking therefrom section 27 and enacting in lieu and instead thereof the following: That during the session of said city court of Valdosta at each term, in open court, or in vacation and fifteen days before the next succeeding term of said court, the judge of said court, or the judge of the superior court, when presiding in said court, shall draw from said box number one thirty, or if he shall deem more than two panels of jurors necessary, Page 370 thirty-six names of persons to serve as jurors at the next term of said court, and shall place the names so drawn in another box, to be provided as above stated, and numbered two, and the clerk of said city court shall take and record on the minutes of said court a list of the names so drawn, and in the same manner a like number of jurors may be drawn for as many separate weeks as the judge may decide; or the panels so drawn for the first week may be required to serve for the entire term. These boxes shall be so constructed as to be under one seal and lock, and shall be kept sealed and shall not be opened by any person except by the judge of said city court of Valdosta, or the judge of the superior court when presiding in place of the judge of said city court, for the purpose of drawing jurors, and the judge of said city court of Valdosta, or the judge of the superior court, when presiding in the place of the judge of the city court of Valdosta, may at any term of said court, when deemed necessary, draw in the manner hereinbefore provided, from said jury-box any number of names of persons not exceeding the number hereinbefore provided, to serve as jurors the following, or any succeeding week of said city court then in session; and this, notwithstanding a jury may not have been drawn prior to said term of court, to serve at such term; and in such case the sheriff shall cause the jurors so drawn to be served at least one day before they are required to appear and serve as such jurors. The clerk shall keep said jury-boxes and the sheriff of the city court of Valdosta shall keep the key. City court of Valdosta. Juries, how drawn. In all cases where necessary, the judge of said city court, or any judge presiding at the time, shall be authorized to cause panels of jurors to be filled by tales jurors at any time when necessary to fill places of absent or disqualified jurors, in the same manner as done in the superior courts of said State, and the sheriff of said city court of Valdosta shall be entitled to a fee of six dollars ($6.00) for summoning the jurors drawn prior to any term of court at which such jurors are to serve, and six dollars ($6.00) for serving jurors drawn during any term of court, for service at a succeeding week during such term. Tales jurors. SEC. 2. Be it further enacted by the authority aforesaid, That the said Act approved December 11, 1901, establishing the said city court of Valdosta, as amended by the said Act amendatory thereof, approved December 19, 1902, be, and the same is, hereby amended by striking therefrom section 29 and enacting the following in lieu and instead thereof: That from said jurors so drawn and summoned, or from them, and as many talesmen as Page 371 may be necessary to fill the places of absent or disqualified jurors so drawn and summoned, the judge of said city court of Valdosta or any judge presiding in his stead shall have made up, if only thirty jurors have been summoned, two panels of twelve jurors each, to be known as panels numbers one and two, and in case thirty-six jurors have been summoned, such judge may cause a third panel of twelve jurors to be made up, to be known as panel number three, and all cases in said court in which juries have been demanded, or that the judge presiding may refer to a jury, shall be tried by one of the panels of jurors so made up, if the parties or their counsel can agree upon a panel, and if a panel can not be thus agreed upon, then the parties or their counsel shall strike a jury in the same manner as is done in the superior courts, always striking from the first two panels, when all of said panels are idle; but, whenever any number of the jurors so summoned and empaneled shall or may be engaged in the trial of another case, or for any reason not be accessible at the time, then said parties or their counsel shall strike a jury from their next twenty-four jurors not so engaged or inaccessible. Juries. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and same are, hereby repealed. Approved August 20, 1906. CITY COURT OF WHIGHAM ESTABLISHED. No. 597. An Act to establish the city court of Whigham, in the town of Whigham, in Grady county; to define its jurisdiction and powers, to regulate proceedings therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the city court of Whigham be, and the same is, hereby created and established in the town of Whigham, in the county of Grady, said court to have civil and criminal jurisdiction over the territory hereinafter named. City court of Whigham. SEC. 2. Be it further enacted, That the said city court of Whigham shall be organized in the town of Whigham, in Grady county, and shall have jurisdiction, civil and criminal, over all that portion of Grady county now embraced in the districts 621st, 1558th, 553d and 720th, G. M., of said county. Jurisdiction. Page 372 SEC. 3. Be it further enacted, That said city court of Whigham 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 within the territory over which said court has jurisdiction as set out in section 2 of this Act. Criminal jurisdiction. 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 Whigham 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 Grady county jurisdiction of such cases if such parties, subject-matter or other jurisdictional element were so related to the territory of Grady county. Civil jurisdiction. SEC. 5. Be it further enacted, That the judge, solicitor, clerk and sheriff and deputies, and all other officers respectively of the city court of Cairo shall be ex-officio judge, solicitor, clerk, and sheriff and deputies, and all other corresponding officers, respectively, of the said city court of Whigham 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 Cairo and all proceedings and matters of every nature whatever therein; said judge to have no extra salary and other compensation for acts in connection with the said city court of Whigham other than already provided for the performance of his duties as judge of the city court of Cairo, and said officers to have the same salary or compensation for services of every character performed in said city court of Whigham, or in reference to matters disposed of therein, as now provided by law for services performed by them in the city court of Cairo or in reference to matters disposed of therein. Officers of court. 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 such case solicitor can not at any time attend 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 for services rendered as are now allowed by law to solicitors-general of this State, providing that the person Page 373 acting as solicitor in said court shall have the same fees for drawing the accusations hereinafter provided for as are now allowed by law to 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, 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 county of Grady 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 services as are now allowed or may hereafter be allowed by law to said officers in the superior courts, except in the criminal cases tried on accusation, the clerk shall receive three dollars ($3.00) 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 three dollars each, and the sheriff shall receive a fee of five dollars ($5.00) only for summoning each jury for said court. Fees of clerk and sheriff. 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 the city court of Whigham shall be held quarterly, beginning on the fourth Mondays in January, April, July and October, in each year. The judge of said city court shall have 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 may adjourn the same to any day designated by him. Said judge shall have power to call special terms of said court at any time for the disposal of criminal business, by an order for said purpose entered on the Page 374 minutes of said court ten days before said court convenes and to order the jurors drawn at the last preceding term of said court to serve at said special term, or may draw a special jury for said special term; provided, said court shall be open at any time for the criminal business when jury trial is waived. Terms of court. SEC. 11. Be it further enacted, That suits in said court of Whigham 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 Grady county and his deputies, or in case of defendants living in county of this State other than the said county of Grady, the sheriff or his deputies or deputy of the county of such non-resident defendant. Procedure. 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 the said city court of Whigham. 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, and to give judgment after the first day of the first term of all complaints on unconditional contracts in writing, when there is no issuable defense filed; 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 his attorney on or before the call of the docket of the said court, to which said case is made returnable, or upon the call of the docket of said court either party may enter his demand for trial by jury to the judge of said court, which entry of said demand shall be made by the judge thereof upon his docket, in all cases where such parties or party is entitled to trial by jury under the Constitution and laws of this State. Civil jurisdiction. SEC. 14. Be it further enacted, That all judgments obtained in said court shall be a lien of all property belonging to defendant or defendants throughout the State, in the same manner as the judgements of the superior courts are, and all executions issued from said city court shall be attested in the name of the judge, signed by the clerk and directed to the sheriff and his deputies of Grady county or to all and singular the sheriffs and deputies of said State. Judgments, lien of. SEC. 15. Be it further enacted, That said court shall have jurisdiction of all claim cases when personal property is levied on under execution or other process from said city court, and such Page 375 claims 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 claims 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 Grady county or his deputies, or 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 courts under the same laws that govern 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 Whigham shall be a court of record, and shall have a seal, and 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 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 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 court and all laws Page 376 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. 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 judiciary nature within the jurisdiction of the said city court, shall be applicable to the said court unless otherwise herein provided. Pleadings. SEC. 22. Be it further enacted, That all laws regulating the enforcements of judgements of the superior courts, whether civil or criminal, shall apply to said city court, and all judgements 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 be attested in the name of the judge thereof, and shall be directed to the sheriff of Grady county and his deputies or 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 or other process issued from said city court, shall be advertised once a week as provided by law, in a newspaper of Grady county, official organ, where sheriff's sales are advertised, and on the court-house door where said court is held, and shall be made before the door of the building in which the city court shall be held in the town of Whigham under the usual rules of sheriff's 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 by the sheriff of Grady county under the 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 city court shall run throughout the State, Page 377 and may be served or executed by any sheriff or deputy in the same manner as like writs or processes from the superior court. Judgments, how enforced. 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 contempt, and to enforce all of his judgments, the same as is vested in the judges of the superior courts of this State. Judge, powers of. SEC. 24. Be it further enacted, That the clerk of said court shall prepare and file in his office at Whigham, Ga., a complete list of those persons liable to serve as traverse jurors in the superior court of Grady 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 clerk and sheriff, at the close of each term or at any time thereafter, shall draw eighteen jurors from said box, who shall act 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 defendant shall be entitled to three peremptory challenges each. Jury list. SEC. 25. Be it further enacted, That all laws with reference 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. Jurors. SEC. 26. Be it further enacted, That the judge of said city court is authorized at each term of said city court to appoint such bailiffs as officers of said court as he deems necessary, whose compensation [Illegible Text] to exceed two dollars 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 the offense plainly charged, founded on affidavit made by the prosecution. Said accusation 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 proceed with said case with trial by jury at the same term of said court. In all cases allowing Page 378 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. Accusation and trial. SEC. 28. Be it further enacted, That the judge of the superior court shall send down and transfer from the superior court of Grady 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 orders so transferring such causes 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 Whigham shall receive for their services for every day in actual attendance the same pay as is allowed jurors in the superior court of Grady county, and in the same manner and under the same rules. Pay of jurors. 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 superior 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. SEC. 31. Be it further enacted, That it shall be the duty of all the justices of the peace and all notaries public in Grady county to bind over to the city court of Whigham all persons charged with offenses over which said city court has jurisdiction to answer for said offenses. 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 party, 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 may in writing 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 Whigham, preside in any case in said court, whether said judge of the city court of Whigham be disqualified or not. Judge, disqualified or absent. SEC. 33. Be it further enacted, That where said city court shall have jurisdiction of suits against one or more obligors, joint promisors, joint trespassers, joint tort-feasors or copartners, or other indorsers of promissory notes, shall reside outside of the Page 379 territorial limits of the said city court of Whigham and within the county of Grady or any other county or counties of this State, suit may be brought in the said city court of Whigham by the same action against all the joint obligors, joint promisors, 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 Grady outside of the territorial limits of said court, the sheriff of said 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 in this State, then the second original or originals and copies thereof shall be made and forwarded to the sheriffs of such county or counties respectively, to be served and returned with proper entries, etc., as is done in the superior courts of this State. Joint promisors, 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 Whigham, or the county jail of the county of Grady, either or both, as they may deem proper for the purpose 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 in use the expenses are to be paid out of the county fund, as in cases from the city court of Cairo or superior courts. Jail. SEC. 35. Be it further enacted, That any and all civil cases pending or may hereafter be pending at any time in the superior court of said county or in the city court of Cairo, over which the city court of Whigham would have had jurisdiction had it been brought in the city court of Whigham, the judges of both courts are hereby authorized to transfer said cases at any time to the city court of Whigham for trial or disposition therein, in the same manner as if it had been brought in the first instance in the city court of Whigham. Transfers from superior court and city court of Cairo. SEC. 36. Be it further enacted, That from said city court of Whigham there shall be no appeal, but all errors committed by said city court of Whigham, or the judge thereof in judgments of rulings or otherwise in the handling of cases or in any other matter of said court, or before said judge, may be corrected by certiorari, returnable to the superior court of Grady county; such certiorari to be issued, heard and determined like certioraries from the justice courts 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 vacation. Certiorari. SEC. 37. Be it further enacted, That the session of said city Page 380 court of Whigham shall be held in any public building or any other building situated within the corporate limits of the town of Whigham that may be selected as the place for the holding said court by the county commissioners of Grady county, or 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 Whigham 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 districts at all times, whose special duty it shall be to perform duties relative to the said city court of Whigham, and all bills for stationery, room rent, or other like necessary expense of said court shall be made by said county commissioners of Grady county and paid out of the treasury of Grady county. Court room, records, etc. SEC. 38. Be it further enacted, That the fines and forfeitures in said court shall be distributed in such manner as in the city court of Cairo, and whenever the convicts of said court are worked on the roads of Grady county or hired out, then the county commissioners of said county shall at their next regular meeting after the receipt of each convict pay to the officer delivering the same the sum of twenty dollars, which shall be in lieu of all costs in said case, and said amount shall be divided pro rata among the officers of said court. Fines and forfeitures. SEC. 39. Be it further enacted, That all costs arising from fines and forfeitures above what it takes to pay the solicitor, sheriff, deputies, constables and justices of the peace shall be paid into the treasury of the county of Grady and paid out as other county funds. Fines and forfeitures. SEC. 40. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1906. Page 381 CITY COURT OF WRIGHTSVILLE, ACT CREATING AMENDED. No. 550. An Act to amend an Act approved December 23, 1889, entitled An Act to establish the city court of Wrightsville, in Johnson county; to define its jurisdiction and powers, and to provide for the appointment of judge, solicitor and other officers thereof, and to define their duties and powers, as well as the salaries and fees thereof; to provide for the granting new trials therein, and writs of error therefrom, and for other purposes, by changing section 3 of said Act relative to the appointment of a judge, by the judge elective by the legal voters of Johnson county, and by adding to said section 3 at the end of the last paragraph the words, And the present incumbent, William Faircloth, whose term of office expires December 23, 1907, be, and he is, hereby appointed judge of the city court of Wrightsville from December 23, 1907, until January 1, 1909, his successor to be elected by the legal voters of Johnson county at the regular general election to be held in said county on the first Wednesday in October, 1908, and whose term of office shall be for four years from January 1, 1909, as shall be the term of office for the judge of said court; provided, the said office does not become vacant by death or resignation, in which event the ordinary of said county shall order an election to fill such vacancy as prescribed herein for the filling of vacancies for the unexpired terms by changing section 4 of said Act relative to the word appointed in the second line of said section to the word elected instead, and relative to the word appointment in the third, fourth and fifth lines of said section to the word election instead, and by changing section 5 of said Act relative to the appointment of a solicitor by making the solicitor elective by the legal voters of Johnson county, and by adding to the end of the sentence ending with the words two years in the fourth line of said section the words, and the present incumbent, J. L. Kent, whose term of office expires December 23, 1907, be, and he is, hereby appointed solicitor of the city court of Wrightsville from December 23, 1907, until January 1, 1909, his successor to be elected by the legal voters of Johnson county at the regular general election to be held on the first Wednesday in October, 1908, and whose term shall be for two years from January 1, 1909, as shall be Page 382 the term of office for the solicitor of said court, and by striking out the word appointment in the twelfth and twenty-second lines of said section 5 and by adding in lieu thereof the word elected, and by adding at the end of the paragraph of section 5 the words, and provided, the said office does not become vacant by death or resignation, in which event the ordinary of said county shall order an election to fill such vacancy as prescribed herein for the filling of vacancies of the judge's office for unexpired terms. 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 3 of the Act approved December 22, 1899, entitled An Act to establish the city court of Wrightsville, in Johnson county, be, and the same is, hereby amended by striking out the words, who shall be appointed by the Governor, by and with the advice and consent of the Senate, in the second, third and fourth lines of said section, and inserting in lieu thereof the words, who shall be elected by the legal voters of Johnson county; that said section 3 of the above-mentioned Act be, and the same is, hereby amended by striking out the words, by appointment by the Governor, in the fifth line of said section, and by inserting in lieu thereof the words, by election by the legal voters of Johnson county, under and by virtue of an order of the ordinary of said county ordering an election, whose duty it shall be to so do, after advertising notice of same for two weeks before the election in the official organ of the sheriff, and by further striking out the words, such appointment being subject to the approval of the Senate which may be in session, or if the Senate be not in session at the time such appointment is made, or fails 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 its next session thereafter, and by adding to said section 3 at the end of the paragraph the words, and the present incumbent, William Faircloth, whose term of office expires December 23, 1907, be, and he is, hereby appointed judge of the city court of Wrightsville from the 23d of December, 1907, to January 1, 1909, his successor to be elected by the legal voters of Johnson county at the regular general election on the first Wednesday in October, 1908, and whose term of office shall be for four years from January Page 383 1, 1909, as shall be the term of office for the judge of said court, so that said section when so amended shall read as follows: City court of Wrightsville. Sec. 3. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Wrightsville, who shall be elected by the legal voters of said county of Johnson, whose term of office shall be for four years, and all vacancies in said office shall be filled by election by the legal voters of the county of Johnson, under and by virtue of an order passed by the ordinary of said county ordering an election, whose duty it be to so do, after giving notice of election by publication in the official organ of the sheriff of the county for two weeks previous to the election. The judge of said city court of Wrightsville shall receive a salary of six 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 Johnson, and the present incumbent, William Faircloth, whose term of office expires December 23, 1907, be, and he is, hereby appointed judge of the city court of Wrightsville from December 23, 1907, to January 1, 1909, his successor to be elected by the legal voters of Johnson county at the regular general election to be held in said county on the first Wednesday in October, 1908, and whose term of office shall be for four years from the first of January, 1909, as shall be the term of office for the judge of said court. Judge, election, etc. SEC. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 4 of the Act approved December 22, 1899, entitled An Act to establish the city court of Wrightsville, in Johnson county, be, and the same is, hereby amended by changing section 4 of said Act relative to the word appointed in the second line of said section to the word elected instead, and relative to the word appointment in the third, fourth and fifth lines of said section to the word election instead, so that said section 4 when so amended shall read as follows: Sec. 4. Be it further enacted by the authority aforesaid, That any person who shall be elected judge of said city court must at the time of his election be at least twenty-seven years of age; he must also have been a resident of Johnson county at least four years immediately preceding his election, and must also have been a practicing attorney at law at least five years before his election, and before entering upon the discharge of his 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 Page 384 faithfully and impartially discharge and perform all duties which may be required of me as judge of the city court of Wrightsville, 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 office. Said judge shall not practice in this court, but shall not be disqualified from practicing in all other courts. Judge, qualification and oath. SEC. 3. 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 5 of the Act approved December 22, 1899, entitled An Act to establish the city court of Wrightsville, in Johnson county, be, and the same is, hereby amended by changing section 5 of said Act relative to the appointment of a solicitor by changing the words, appointed by the Governor by and with the consent of the Senate in the third and fourth lines of said section, and by adding in lieu thereof the words elected by the legal voters of Johnson county, and by adding to the end of the sentence ending with the words two years in the fourth line of said section the words, and the present solicitor, J. L. Kent, whose term of office expires December 23, 1907, be, and he is, hereby appointed solicitor of the city court of Wrightsville from the 23d day of December, 1907, to the first day of January, 1909, his successor to be elected by the legal voters of Johnson county at the regular general election to be held on the first Wednesday in October, 1908, and whose term of office shall be for two years from January 1, 1909, as shall be the term of office for the solicitor of said court, and by striking out the word appointment in the twentieth and twenty-second lines of said section and by adding in lieu of said words in said lines the word elected, and by adding to said section 5 at the end of the last paragraph the words, provided the said office of solicitor does not become vacant by death or resignation, in which event the ordinary of the county shall order an election to fill such vacancy in the manner as is prescribed for filling the vacancy of the judge's office for unexpired terms, so that said section when so amended shall read as follows: Sec. 5. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the said city court of Wrightsville, to be elected by the legal voters of Johnson county, whose term of office shall be for two years, and the present incumbent, J. L. Kent, whose term of office expires December 23, 1907, be, and he is, hereby appointed solicitor of the city court of Wrightsville from the twenty-third day of December, 1907, to the first Page 385 day of January, 1909, his successor to be elected by the legal voters of Johnson county at the regular general election to be held in said county, to be held on the first Wednesday in October, 1908, and whose term of office shall be for two years from the first of January, 1909, as shall be the term of office for the solicitor of said court. The fees of said solicitor shall be as follows: For every case finally disposed of in said court founded upon accusation, ten dollars ($10.00); for every indictment or special presentment, except gambling cases, finally disposed of in said court, five dollars; in gambling cases, twenty-five dollars; in representing the State in cases carried to the Supreme Court from said city court, fifteen dollars ($15.00). Said solicitor shall for 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 said services and upon the affidavit of the party and the certificate of the clerk of the city court of the insolvency of the defendant for all services for which this Act does not provide, said solicitor shall receive the same fees as are now allowed by law for similar services in the superior court to the solicitor-general. The solicitor of the city court of Wrightsville must at the time of his election be at least twenty-five years of age. He must also have been a resident of Johnson county for two years immediately preceding his election, and must have been a practicing attorney for at least four years before his election and before entering upon the discharge of his office shall give bond, payable to the Governor and his successors in office, with good security, to be approved by the judge of said court, in the sum of one thousand dollars, conditioned to account for all moneys which may come into his hands as solicitor, for the faithful discharge of the duties of said 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 Wrightsville; so help me God. Said bond and oath shall be entered on the minutes of said court by the clerk and may be sued on by any person interested. If for any reason said solicitor fails or be disqualified to act in any case, the court shall have power to appoint a solicitor pro term.; provided, said office does not become vacant by death or resignation, in which event the ordinary of the county shall order an election to fill such vacancy in the manner as is prescribed for filling vacancies of the judge's office for unexpired terms. Solicitor, election, etc. Page 386 SEC. 4. Be it further enacted by the authority aforesaid, and it is enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. COUNTY COURT OF BAKER COUNTY ABOLISHED. No. 648. An Act to repeal an Act to organize a county court in each of the counties of Calhoun, Baker, Quitman and Miller, approved March 20, 1874, and all Acts amendatory thereof, so far as the same applies to the county of Baker, and to provide for the disposition of all business pending in said county court of Baker county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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 section 4217 inclusive, be, and the same are, hereby repealed so far as they apply to the county of Baker, and the county court of said county is hereby abolished. County court of Baker county, abolished. SEC. 2. Be it further enacted, That all books, papers, suits, mesne and final processes of whatever nature, and all criminal cases and business now pending in the county court of Baker county be, and the same are, hereby transferred to the city court of Newton for trial and final disposition. Books, etc. transferred to city court of Newton. SEC. 3. Be it further enacted, That this Act shall go into effect on the first day of November, 1906. Act, when effective. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 387 COUNTY COURT OF CALHOUN COUNTY ABOLISHED. No. 602. An Act to abolish the county court of Calhoun county; to provide for the disposition of business pending in said court, and for other purposes, said Act to become operative upon the establishment of the city court of Calhoun county. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the taking effect of this Act, as hereinafter provided, the county court of Calhoun county, in and for said county, be, and the same is, hereby abolished. County court of Calhoun county abolished SEC. 2. Be it further enacted, That all business now pending in said county court of Calhoun county shall be, and is, hereby transferred to the city court of Calhoun county, in and for said county of Calhoun, and all books, papers, and all processes and records of whatever kind, either civil or criminal, shall be turned over to the clerk of said city court of Calhoun county, to be disposed of by said city court as provided in the Act establishing the city court of Calhoun county. Records, etc., transferred to city court. SEC. 3. Be it further enacted, That this Act shall not take effect until the Act establishing the city court of Calhoun county shall become a law. Act, when effective. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. COUNTY COURT OF CRISP COUNTY ABOLISHED. No. 370. 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 Crisp, in said State, and to abolish the county court of Crisp county, Georgia, and to provide for the disposition of all business therein pending. SECTION 1. Be it enacted by the General Assembly of the State Page 388 of Georgia, and it is hereby enacted by the authority of the same, That on and after the fourth day of October, 1906, 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 Crisp, in said State, and the county court of said county of Crisp is hereby abolished; provided, however, that this Act shall not go into effect until November 1, 1906, and until the bill introduced at the present session of the General Assembly to establish a city court of Cordele has been passed, approved by the Governor and said city court of Cordele duly organized. County court of Crisp county, abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all papers, books, suits, mesne and final processes of whatsoever nature, and all criminal cases that may be pending in the county court of Crisp county at the time this Act goes into effect as aforesaid be, and the same are, hereby transferred to the city court of Cordele, when said city court is established and organized for the transaction of business, for trial and final disposition. Records, etc., transferred to city court of Cordele. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1906. COUNTY COURT OF GRADY COUNTY ABOLISHED. No. 408. 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 Grady. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act entitled An Act to 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 Grady, and the county court of said county of Grady is hereby abolished; provided, Page 389 however, that this Act shall not go into effect until the passage of an Act to create the city court of Cairo, in Grady county, and shall not go into effect until April 1, 1907. County court of Grady county abolished. SEC. 2. Be it further enacted, That all mesne and final process from the county court of Grady county, which has not been executed, shall be returnable to the city court of Cairo, and all claims and 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 Cairo. Records, etc., transferred to city court of Cairo. SEC. 3. Be it further enacted, That all dockets, minutes, records, books and papers of the county court of Grady shall be turned over to the clerk of the city court of Cairo. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 8, 1906. COUNTY COURT OF JASPER COUNTY ABOLISHED. No. 684. An Act to repeal an Act entitled an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Jasper; to provide for the disposition of business pending therein, court papers and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act and all amendments thereof as now embodied in the Code of Georgia of 1895, from section 4170 to 4217 inclusive, be, and the same are, hereby repealed, so far as they apply to the county of Jasper, and the county court of Jasper county is hereby abolished; provided, however, that this Act shall not go into effect until the passage of an Act creating and establishing the city court of Monticello, in and for the county of Jasper. County court of Jasper county abolished. SEC. 2. Be it further enacted, That the civil and criminal business pending and undisposed of in said county court, upon the creation of said city court, shall be transferred to the city court of Monticello, in which said city court such cases shall stand for trial and final disposition. Records, etc., transferred to city court of Monticello. Page 390 SEC. 3. Be it further enacted, That all fi. fas. and all final processes of said county court, now unsatisfied, shall be executed by the sheriff of said city court of Monticello, 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 Monticello for trial and final disposition. Writs, etc., how returned. 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 Monticello, for their protection, preservation and prosecution. Records, etc., preservation of. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1906. COUNTY COURT OF JEFFERSON COUNTY ABOLISHED. No. 518. An Act to abolish the county court of Jefferson county; to provide when said Act of abolition shall become effective; to provide for the transfer of all unfinished business in said court to the city court of Louisville, 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 from and after the taking effect of this Act, as hereinafter provided, the county court of Jefferson county, in and for said county and State, be, and the same is, hereby abolished. County court of Jefferson county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all business pending in said court at the time of the going into effect of this Act shall be transferred to the city court of Louisville, Georgia, in and for said county of Jefferson, and all books and papers, and all processes of whatever kind, either civil or criminal, shall be turned over to the clerk of said city court, to be disposed of as provided in the Act creating the said city court of Louisville, Georgia. Records, etc., transferred to city court of Louisville. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall not take effect until the said Act creating the said city court of Louisville, Georgia, in and for the said county of Jefferson, shall have become a law and gone into effect as therein provided. Act, when effective. Page 391 SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. COUNTY COURT OF TURNER COUNTY ABOLISHED. No. 410. An Act to abolish the county court of Turner county; to provide for transfer of records and cases therein pending, 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 county court of Turner county is hereby abolished. County court of Turner county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all cases pending in said county court and records be transferred to the city court of Ashburn, in and for Turner county, for trial and disposition. Records etc., transferred to city court of Ashburn. SEC. 3. Be it further enacted by the authority aforesaid, That the terms of this Act shall go into effect October 1, 1906, upon its approval by the Governor. Act, when effective. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 9, 1906. COUNTY COURT OF WILCOX COUNTY ABOLISHED. No. 629. 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 Wilcox, and to provide for the disposition of business therein pending. SECTION 1. Be it enacted by the General Assembly of Georgia, Page 392 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 Wilcox, and the county court of the county of Wilcox, 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 Abbeville has been passed and approved by the Governor. County court of Wilcox county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all papers, books, suits, mesne and final processes of whatsoever nature, and all criminal cases now pending in the county court of Wilcox county, be, and the same are, hereby transferred to the city court of Abbeville, when said city court is established, for trial and final disposition. Records, etc., transferred to city court of Abbeville. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1906. Page 393 TITLE II. MISCELLANEOUS. ACTS. Bibb county, appropriation for libraries. Calhoun county, clerk of board of roads and revenues. Catoosa county, speed of automobiles, etc., regulated. Chattahoochee county, clerk of superior court. Chattahoochee county, manufacture of spirituous liquors prohibited. Chattooga county, manufacture of spirituous liquors prohibited. Coweta county, commissioners, election, etc. Coweta county, road tax, how levied and collected, Crisp county, public roads in incorporated towns. Decatur county, commissioners, election, etc. DeKalb county, removal of obstructions from streams. DeKalb county, commissioner for, election of, etc. Dooly county, control of misdemeanor convicts. Douglas county, sale of alcohol regulated. Floyd county, tax collector and receiver and county treasurer. Forsyth county, removal of obstructions from streams. Franklin county, board of commissioners abolished. Franklin county, board of commissioners created. Glascock county, board of commissioners created. Glynn county, clerk of commissioners. Grady county, board of commissioners created. Gwinnett county, speed of automobiles, etc., regulated. Gw'nnett county, jurors in justices' courts, compensation of. Houston county, compensation of officers. Irwin county, license fee for retailing liquor. Jenkins county, board of commissioners created. Laurens county, board of commissioners, election, etc. Laurens county, officers of, compensation. Lee county, board of commissioners, election, etc. Lee county, sale of liquors in Smithville. Lowndes county, board of commissioners enlarged. Madison county, commissioner for, election, etc. Montgomery county, commissioners for, compensation. Newton county, sale of seed-cotton regulated. Pulaski county, dispensaries abolished. Rabun county, fishing in Tallulah river. Rockdale county, board of commissioners enlarged. Spalding county, commissioners, compensation. Sumter county, commissioners, compensation. Talbot county, removal of obstructions from streams Tattnall county, board of commissioners abolished. Page 394 Tattnall county, board of commissioners created. Towns county, sale of any drink within one mile of Young Harris College. Troup county, board of commissioners, powers, etc. Troup county, sale of liquors in West Point. Turner county, ordinary, compensation. Walker county, speed of automobiles, etc., regulated. Wilkes county, accounts, how audited and paid. BIBB COUNTY, APPROPRIATION FOR LIBRARIES. No. 666. An Act to amend an Act requiring the Bibb county commissioners to appropriate certain fixed sums of money to the two libraries now established in the city of Macon, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2 of the Act referred to and mentioned in the title thereof, approved December 18, 1900, be amended by striking therefrom the figures $300 and $25 from the eighth and eighteenth lines respectively, and inserting in lieu of the figures so stricken the figures $420 and $35, respectively, so as to make said section authorize and direct an annual appropriation by the board of Bibb county commissioners of $420 to each of the libraries referred to, payable in monthly installments of $35 each, instead of an annual appropriation of $300 payable in monthly installments of $25 each. Bibb county, appropriation for libraries. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. CALHOUN COUNTY, CLERK OF BOARD OF ROADS AND REVENUES. No. 391. An Act to repeal an Act approved December 22, 1886, amending an Act approved February 22, 1877, making the ordinary of Calhoun county ex-officio clerk of the board of roads and revenues of said county. SECTION 1. Be it enacted by the General Assembly of Georgia, Page 395 and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that the Act approved December 22, 1886, amending an Act approved February 22, 1877, making the ordinary of Calhoun county ex-officio clerk of the board of commissioners of roads and revenues of said county, be, and the same is, hereby repealed. Calhoun county, ex-officio clerk of commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. CATOOSA COUNTY, SPEED OF AUTOMOBILES, ETC., REGULATED. No. 487. An Act to regulate the running of automobiles and other motor vehicles upon the public roads of the county of Catoosa; to prescribe the duties of those in charge of said machines, and to provide a penalty for the violation of the provisions 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 for any person to run an automobile, motorcycle or other similar machine over the public roads of the county of Catoosa at greater rate of speed than ten miles an hour. Catoosa county, speed of automobiles, etc. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of any person in charge of or running an automobile, motorcycle or other motor vehicle upon the public roads of said county of Catoosa, who is meeting or approaching any one driving or riding a horse or mule to bring his machine to a full stop at least one hundred and fifty feet from said horse or mule, and shall shut off all machinery and stop all noise being made by the same until said horse or mule has passed his machine and is at least fifty feet beyond the same. Must stop if meeting horse or mule. SEC. 3. Be it further enacted by the authority aforesaid, That when any one in charge of or running an automobile, motorcycle or other similar machine upon the public roads of said county of Catoosa shall approach from the rear any one driving or riding a horse or mule, he shall blow his horn or whistle before he approaches Page 396 within one hundred and fifty feet 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, and that he shall not pass said team at a greater rate of speed than two miles an hour. Passing horse or mule. SEC. 4. Be it further enacted by the authority aforesaid, That when any one running an automobile, motorcycle or other similar machine upon the public roads of said county of Catoosa is approaching a horse or mule hitched to a vehicle and tied to a post, tree or other fastening, shall stop his machine at least two hundred feet 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. Passing a horse or mule hitched. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be allowed to run an automobile, motorcycle or other similar machine upon the public roads of said county of Catoosa without first having registered his machine and received a number from the clerk of the superior court of said county of Catoosa; said number shall be displayed at some conspicuous place on rear of machine as indicated by said clerk, and that each figure in said number shall measure at least one and a half by two and a half inches. Registration of machines. SEC. 6. Be it further enacted by the authority aforesaid, That the sheriff, his deputies or any lawful constable or bailiff shall have the power and authority to arrest any one they see or find violating any of the provisions of this Act, and immediately carry him or them before some justice of the peace or notary public and have them bound over to the superior court as is prescribed in the Penal Code of Georgia. Arrests of offenders. SEC. 7. Be it further enacted by the authority aforesaid, That any person or persons violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon the conviction thereof shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. Penalty. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 15, 1906. Page 397 CHATTAHOOCHEE COUNTY, CLERK OF SUPERIOR COURT. No. 579. An Act to repeal an Act to authorize the ordinary of Chattahoochee county to discharge the duties of clerk of the superior Court of said county, and for other purposes, approved February 28, 1874. 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, 1907, that the above recited Act be, and the same is, hereby repealed. Chattahoochee county, clerk superior court SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. CHATTAHOOCHEE COUNTY, MANUFACTURE OF SPIRITUOUS LIQUORS PROHIBITED. No. 619. 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 Chattahoochee, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1907, 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 Chattahoochee; provided, nothing in this Act shall be construed to prohibit the manufacture of domestic wines as now provided by law. Chattahoochee county, manufacture of spirituous 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 Page 398 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. Approved August 20, 1906. CHATTOOGA COUNTY, MANUFACTURE OF SPIRITUOUS LIQUORS PROHIBITED. No. 581. An Act to prohibit the manufacture of distilled or spirituous liquors of any kind from fruit, grain or other substance within the limits of Chattooga county, Georgia; to provide a penalty for a violation of the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first (1st) day of January, nineteen hundred and seven (1907), it shall be unlawful for any person or persons to manufacture any distilled or spirituous liquors or wines of any kind, from fruit, grain, or other substance, within the limits of Chattooga county, Georgia; provided, however, that the provisions of this Act shall not apply to or prohibit the manufacture of domestic wine to be used solely for domestic purposes by the person or persons so manufacturing same. Chattooga county, manufacture of spirituous liquors prohibited. SEC. 2. Be it further enacted, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction, shall be punished as provided in section 1039, volume 3, of the Code of Georgia of 1895. Penalty. SEC. 3. Be it further enacted, That this Act shall not go into effect until ratified by a majority of the voters of said county of Chattooga at an election held for that purpose, which election is hereby called, and shall be held on the 3d day of October, 1906, under the same rules and regulations as now prescribed by law for holding the elections for members of the General Assembly of this State. The ballots cast at said election shall have printed or written thereon the words For prohibiting the manufacture of distilled or spirituous liquors or wines, or Against prohibiting the manufacture of distilled or spirituous liquors or wines. The returns shall be made to the ordinary of said county, who shall consolidate the same and declare the result, and if a majority of Page 399 the ballots cast shall be for prohibiting the manufacture of distilled or spirituous liquors or wines, this Act shall go into effect and become a law from and after said first day of January, 1907. Election for ratification. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 18, 1906. COWETA COUNTY, COMMISSIONERS, ELECTION, ETC. No. 382. An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenue in the county of Coweta, approved August 26, 1872 (Acts Leg., 1872, page 405), and amendatory Acts, so as to provide for the election of five commissioners at the regular election for county officers in the year 1908; to provide that three of said commissioners shall be elected for terms of four years, and to provide that the two remaining commissioners shall be elected for a term of two years; to provide that after the election held in 1908 two and three commissioners shall be elected alternately and biennially for terms of four years; also for the laying off and division of Coweta county into five districts to be designated as road districts; to provide for the election of one commissioner from each of said districts, 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 create a board of commissioners of roads and revenue in the county of Coweta, approved August 26, 1872 (Acts Leg. 1872, page 405), be, and the same is, hereby amended as set forth in the following sections of this Act. Coweta county, commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That at the regular election for county officers to be held in said county in the year 1908, five commissioners shall be elected, which said five commissioners shall constitute the board of commissioners of roads and revenue of said county. At said election in the year 1908 three of said commissioners then elected shall hold office for a term of four years and until their successors are elected and qualified, and the remaining two commissioners elected at said time shall hold office for a term of two years and until their successors are elected and qualified. After said election for commissioners Page 400 in the year 1908, and thereafter, two and three commissioners shall be elected alternately and biennially at the same time other county officers are elected, and shall hold office for a term of four years and until their successors are elected and qualified. At the first meeting of the board of commissioners in the year 1909, the commissioners elected at the election held in the year 1908 shall cast lots and determine which of said commissioners shall hold office for two years and which of said commissioners shall hold office for four years. Election of. SEC. 3. Be it further enacted by the authority aforesaid, That in order to guarantee representation to the different sections of the county on said board of commissioners, that said Act be further amended by adding the following new section: That for the purposes of this Act the county of Coweta shall be, and is, hereby divided into five road districts to be known and designated as road districts Nos. 1, 2, 3, 4 and 5. Road district No. 1 shall consist of and embrace the following militia districts in said county, to wit: 691 dist. G. M. (first), 1393 dist. G. M. (Haralson), 1358 dist. G. M. (Turin). Road district No. 2 shall consist of and embrace the following militia districts in said county, to wit: 806 dist. G. M. (second), 693 dist. G. M. (third) and 1139 dist. G. M. (Grantville). Road district No. 3 shall consist of and embrace the following militia districts in said county, to wit: 755 dist. G. M. (Hurricane), 647 dist. G. M. (fourth), and 992 dist. G. M. (Panther Creek). Road district No. 4 shall consist of and embrace the following militia districts in said county, to wit: 742 dist. G. M. (Cedar Creek), 645 dist. G. M. (sixth), 746 dist. G. M. (seventh). Road district No. 5 shall consist of and embrace the following militia district in said county, to wit: 646 dist. G. M. (fifth or Newnan). That after the passage of this Act one commissioner shall hereafter be a resident of and be elected from each of said five road districts by the qualified voters of Coweta county, which said commissioners so elected shall compose the board of county commissioners. If there should at any time be more than one candidate for commissioner from any of the said five road districts, then the candidate resident in the district who receives the highest vote in the entire county shall be declared elected commissioner and commissioned as such. Road districts, a commissioner for each. SEC. 4. Be it further enacted by the authority aforesaid, That when vacancies occur they shall be filled by the board for the unexpired term, and the person selected shall be a resident of the district wherein the vacancy exists. Vacancies. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. Page 401 COWETA COUNTY, ROAD TAX, HOW LEVIED AND COLLECTED. No. 520. An Act to authorize the commissioners of roads and revenue of Coweta county to levy and collect, in its discretion, annually, a special tax of $2.00 per one thousand dollars on all the taxable property in said county, said taxes so levied and collected to be in addition to all taxes collected under existing laws in said county for road purposes, and said taxes so levied and collected to be used solely for the purpose of improving the public roads in said county. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the commissioners of roads and revenue of Coweta county shall have the authority, in their discretion, annually, to levy and collect, for the sole purpose of improving the public roads of said county, a tax of $2.00 on the one thousand dollars on all the taxable property in said county. That money raised under the provisions of this Act may be used for the purpose of buying improved road machinery, stock, tools, sewer-pipe, and building bridges, and for paying wages of employees and for other necessary expenses incurred in working, grading and macadamizing roads. The tax referred to in this Act to be raised in addition to all taxes heretofore raised in said county for road purposes. Coweta county road tax. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 20, 1906. CRISP COUNTY, PUBLIC ROADS IN INCORPORATED TOWNS. No. 437. An Act to grant jurisdiction to the ordinary, or other county authorities having in charge the working, improving and repairing of the public roads of Crisp county over certain roads and streets within the incorporated towns and cities thereof, for the purpose of working, improving and repairing the same by the use of the county road property and certain portions of the ad valorem road tax collected thereon, and for other purposes. Page 402 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, jurisdiction over those roads and streets within the incorporated towns and cities of said county which are a continuation of the public roads leading into such incorporated towns and cities, or lead from the juncture of such public roads with the corporate limits of such towns and cities and run to or near the center of the business section of such municipalities, is hereby given to the ordinary or other county authorities of said county having in charge the working, improving and repairing of the public roads of said county, concurrently with the municipal authorities of such incorporated towns and cities, for the purpose of working, improving and repairing such roads and streets as are above described. Crisp county, jurisdiction of public roads in ncorporated towns SEC. 2. Be it further enacted by the authority aforesaid, That for the purpose of so working, improving and repairing the roads and streets above described, said ordinary or other county authorities are hereby authorized to use all or such portion of the ad valorem road tax collected from property, real and personal, in such incorporated towns and cities, as in their discretion they may deem equitable and necessary for the purpose of working, improving and repairing the roads and streets above described in this Act, in each of said towns and cities. Improvements of roads and streets. SEC. 3. Be it further enacted by the authority aforesaid, That before any such work is done by said county authorities in any of such incorporated towns and cities on any of the roads or streets therein, the written consent of the proper municipal authorities shall be obtained therefor, the same to be entered on the minutes of such county road authorities, and such town or city and such municipality shall be solely liable for any damage or injury, of any kind or description, done in so working, improving and repairing such roads and streets, and in no event shall the county or county authorities be liable or suable therefor, for work or damage done within such municipality. Concurrence of municipaliies. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 14, 1906. Page 403 DECATUR COUNTY, COMMISSIONERS, ELECTION, ETC. No. 634. An Act to amend an Act revising, consolidating and amending the Act establishing the board of commissioners of roads and revenues of Decatur county, passed by the General Assembly of 1904, and approved August 15, 1904, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act of the General Assembly passed at the session of 1904, approved August 15, 1904, revising, consolidating and amending the Act establishing the Board of commissioners of roads and revenues of Decatur county, be, and the same is, hereby amended by adding the following sections, to be designated as section 4 and 5, respectively, and which shall read as follows: Decatur county. Sec. 4. Be it further enacted by authority aforesaid, That for the more effectual carrying out of the purposes of section 3 of the Act of 1904, the county of Decatur is hereby divided into five districts to be designated as `commissioners' districts,' and which shall be set out as follows: The first district shall comprise all that territory included in the 513th militia district of Decatur county. The second district shall embrace that territory between Spring creek and Flint river. The third district shall embrace all the territory between Spring creek and the Chattahoochee river. The fourth district shall embrace all that territory now included in Belcher's, Parker's, Climax and Bell's districts. The fifth district shall embrace all that territory now included within the Fowltown, Faceville, Recovery and Altapulgus districts in Decatur county. Commissioners' districts. Sec. 5. Be it further enacted by authority aforesaid, That as the term of each commissioner living within one of these commissioner's districts expires his successor shall be chosen from the said district in the manner elsewhere provided for in the law for naming county commissioners; and no candidate shall be eligible for election from any commissioner's district unless at the time he be a bona fide resident of such district; and if at any time a member of the board of commissioners ceases to reside in the commissioner's district from which he is chosen, the board Page 404 shall declare his seat vacant and his successor shall be named in the manner elsewhere prescribed in the Act for filling vacancies on said board. In filling vacancies by appointment as authorized in said Act, the board of commissioners shall follow the same rules as regards electing members from districts in which they reside, it being the full intent and meaning of this section that no two commissioners shall be chosen or named from any one of the commissioner's districts hereby provided for, and that no commissioner shall be named or chosen from a commissioner's district unless at the time he be a bona fide resident of such district. Election of commissioners. SEC. 2. Be it further enacted by authority aforesaid, That beginning after section 3 of the Act of 1904, which this Act amends, sections shall be numbered in conformity with this Act. SEC. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. DEKALB COUNTYREMOVAL OF OBSTRUCTIONS FROM STREAMS. No. 632. An Act to amend an Act approved December 17, 1901, entitled An Act to provide for the removal of obstructions of all kinds other than dams used for operating mills or machinery of any kind, from the creeks and other running streams in DeKalb county; to compel the owners of land in said county in which said streams may flow to remove said obstructions; to provide in what manner the same may be removed, and to provide compensation therefor; to provide for the drainage of land in said county through which said streams flow, and the extension of drains or ditches through the lands of another, and to provide for the payment of all damages which may be sustained by said landowners through whose lands such drains or ditches shall be cut or extended, and for other purposes, so as to provide that in certain cases said obstructions may be removed by the sheriff. SECTION 1. Be it enacted by the General Assembly of Georgia, Page 405 That whenever under the conditions of the Act approved December 17, 1901, the title of which is above set forth, any person shall be entitled to enter upon the lands of another, or to remove obstructions from any running stream thereon, as under said Act provided, and such person so entitled shall make an affidavit that the owner of such land refuses to permit him so to enter for the purpose aforesaid, or refuses him permission to enter for said purpose, or threatens to restrain him by violence from so doing, or otherwise, and shall file said affidavit with the ordinary of the county of DeKalb, it shall be the duty of said ordinary to issue his precept to the sheriff of the county, directing said sheriff to remove said obstructions, or to have the same removed, and it shall thereupon be the duty of said sheriff to exercise for such purpose all the powers which are by said Act authorized to be exercised by the person making the affidavit, and upon the return of the sheriff, certifying to the expenses he has incurred in so doing, it shall be the duty of the ordinary to issue a fi. fa., directing the sheriff or his deputy to collect said expenses out of the person by whose default said work was made necessary, together with the additional sum of two dollars per day as compensation to said sheriff. If the party against whom said writ is issued shall desire to contest the correctness or legality of said fi. fa. he may do so by affidavit of illegality returnable to the superior court of the county as other affidavits of illegality are returnable. DeKalb county, drainage. SEC. 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 20, 1906. DEKALB COUNTY, COMMISSIONER FOR, ELECTION OF, ETC. No. 609. An Act to authorize the election of a commissioner of roads and revenues for the county of DeKalb; to prescribe his powers, duties and compensation; to repeal the Act approved December 18, 1902, creating a board of commissioners of roads and revenues for said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, Page 406 and it is hereby enacted by authority of the same, That on and after January 1, 1907, the county affairs of DeKalb county shall be administered by a commissioner of roads and revenues for said county, who shall be a citizen of said county and shall have the same qualifications as are required by law for members of the House of Representatives. The term of office of said commissioner shall be four years, said term beginning January 1, 1907. The first commissioner hereunder shall be elected by the qualified voters of said county at the regular State election in October, 1906, and subsequent elections shall occur every four years thereafter under the laws governing said State elections. But no person shall be deemed or held to be elected at said first or any subsequent election unless he receive a majority of the votes cast, and if no person receives such majority the ordinary shall call a new election, to be held within not less than thirty nor more than sixty days from said first election. The result shall be declared, and the said commissioner qualified in like manner as in the case of the ordinary of said county. All vacancies in the office of commissioner shall be filled under like conditions and in like manner as is now appointed by law for filling vacancies in the office of ordinary. DeKalb county, commissioner of roads and revenues, election of. SEC. 2. Said commissioner shall receive as his entire compensation the sum of one thousand and eight hundred dollars ($1,800) per annum, to be paid monthly out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn, but said commissioner shall be allowed, also, to employ a clerk as hereinafter provided, and pay for the services of said clerk out of the county funds such sum as he may determine and agree on, not to exceed nine hundred dollars ($900) per annum. Before entering upon the discharge of his duties said commissioner shall take and sign an oath before the ordinary of said county for the true and faithful performance of his duties as commissioner under this Act, which oath shall be recorded on the ordinary's minutes, and shall give a satisfactory surety bond, to be judged of by the ordinary of the county; the same to be payable to the ordinary or his successor in office, and filed in the office of the ordinary and entered on his minutes, which bond shall be in the sum of ten thousand dollars ($10,000), conditioned for the faithful performance of the duties of the office, and for any violations of the conditions thereof said bond may be sued upon in the name of the county by the ordinary, either of his own motion or by direction of any grand jury of said county, and the commissioner and his sureties shall be liable on said bond for any breach Page 407 thereof by way of malfeasance or misfeasance in office, or any tort or wrong committed under color of his office as well as for neglect or nonfeasance. Salary of commissioner and clerk. Oath and bond. SEC. 3. It shall be unlawful for any candidate, either for said office or for any nomination therefor, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of said commissioner, and any person so offending shall be disqualified for said office and shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in the Code. Agreements of candidates. SEC. 4. Said commissioner of roads and revenues shall have, and he is hereby vested with, exclusive jurisdiction and control over the following matters, to wit: In directing, controlling and caring for all the property of the county, according to law; in levying taxes according to law; in establishing, altering or abolishing public roads, private ways, bridges and ferries, according to law; in establishing, abolishing or changing election precincts and militia districts, according to law; in supervising the tax-collector's and tax-receiver's books, and allowing the insolvent lists for said county; in settling all claims against the county, examining and auditing all claims or accounts of officers having the care, management, keeping, collecting or disbursement of moneys belonging to the county or appropriated for its use or benefit, and bringing them to settlement, and especially is he charged with frequently examining, auditing and checking the books of the county treasurer, the tax-collector, the tax-receiver the sheriff and other officers of said county through whose hands county funds may pass, and requiring such reports from them as he may deem necessary to the interest of the county in controlling, caring for and managing the convicts of said county, according to law; in making rules and regulations for the support of the poor of the county, and for the promotion and preservation of the public health; of electing and appointing all minor officials of the county whose election or appointment is not otherwise provided for by law, such as superintendent of county roads and bridges, superintendent and guards of convicts or chain-gangs, janitor of court-house, superintendent of pauper farm, county physician and health officer, and other guards as needed and authorized by law; in regulating peddling licenses, etc., according to law, and generally to exercise all the powers heretofore vested by law in the ordinary when sitting for county purposes, and to have and to exercise such other powers as are granted by law or as are indispensable to complete and proper jurisdiction over county finances Page 408 and county matters. Said commissioner shall have the entire control and management of the convicts in said county sentenced to work on the public roads or works in said county, and shall so employ them, according to law, and under such plans of working, building, repairing or superintending the public roads, bridges or works of said county as may now or hereafter be adopted or in force by law in said county. Jurisdiction. SEC. 5. The clerk hereinbefore authorized to be appointed, shall be a competent bookkeeper, and shall not engage in any other business which shall tend to take him from the office of the commissioner during the usual office hours. Before entering upon the duties of his office said clerk shall also give a satisfactory bond, to be approved by the commissioner, payable to the ordinary of the county or his successor in office, in the sum of two thousand and five hundred dollars ($2,500), conditioned for the faithful performance of his duties as clerk and bookkeeper, which said bond shall be filed with the ordinary and entered on his minutes, and may be sued on in like manner as that of the commissioner. And said clerk shall be removable at the pleasure of the commissioner. Said commissioner shall cause to be kept a proper and accurate book of minutes, wherein shall appear all the acts, orders and proceedings of the commissioner. And said book shall at all reasonable times and under reasonable regulations be open to inspection by any citizen of said county. Said commissioner shall also cause to be kept full and accurate books of accounts of all the proceedings in said office, wherein shall appear in detail all orders, warrants and other proceedings drawn by the commissioner on the county treasury, for what purpose, on what fund, etc. And said commissioner shall also cause to be published in the newspaper carrying the sheriff's advertisements in said county, twice in each year, as soon as practicable after the first days of January and July, respectively, a plain and intelligible statement of the financial condition of the county on said days in each year, showing outstanding warrants, notes, accounts payable, and all the resources of the county, as well as all receipts and expenditures. To the end that said statement may more fully and correctly show the true financial condition of the county, the county treasurer, the tax-collector, and other officers of said county handling any county funds are severally required to make to said commissioner, within fifteen days after the first days of January and July aforesaid of each year, and as of said dates, full and accurate reports showing cash on hand, in bank or in the treasury, and all receipts and disbursements for the previous six months, from what sources Page 409 and on what accounts; all resources, uncollected taxes, liabilities, etc., and all other information as to the finances of the county, administered in their respective offices, and in such form as may be required by said commissioner. The commissioner shall not be bound to pay for such publication, in any event at the rate of more than five dollars ($5.00) per column of standard size five-column newspaper, and if such terms can not be secured from the sheriff's organ, the commissioner shall be at liberty to print the same elsewhere. Said report shall be laid before the grand juries at the regular spring and fall terms of the superior court, and all minutes, record-books, etc., of said commissioner shall be open to and regularly inspected, examined and approved or dispproved by the grand juries at such terms of court. Clerk, bond duties, etc. Publication of financial statements. SEC. 6. Said commissioner shall have and keep his office regularly in the court-house of said county, the same to be open on all days except Sundays and holidays, by him or his clerk, for the transaction of the county business in due and legal form. Said commissioner and his clerk during their terms of office shall be exempt from road and jury duty. Neither he nor his clerk shall hold any other office of emolument or profit under any other civil authority in this State, but shall give their entire and exclusive time to the discharge of the duties of their office. Office of commissioner. SEC. 7. Should the county of DeKalb at any time by law or resolution of the grand jury, or otherwise, ordain and establish or direct the establishment of any permanent system of road building and working in and for said county, or carry on such a system, under which the appointment of a superintendent of roads and bridges is necessary or advisable, and such appointment is prescribed by law or recommended by a grand jury, or otherwise necessary or made, it shall be the duty of said commissioner to appoint and commission such superintendent, his salary or compensation to be such as is recommended by the grand jury or otherwise by law and not to be changed during his term of office, which shall be four years after the date of such appointment. Such superintendent, when so appointed, shall be under the general direction of the commissioner of roads and revenues and shall report to him, and be subject to removal by him. System of road building. Superintendent of roads. SEC. 8. In his annual reports to the grand jury, which are hereby required to be made at the spring term of DeKalb superior court, and which shall cover his administration of county affairs up to and including December 31st of the year preceding, it shall be the duty of the commissioner of roads and revenues to recommend to the grand jury such changes in the laws provided for the Page 410 government of the county as he may deem proper, together with such recommendations as to county affairs or their administration as may seem to him wise and proper, to the end that through this medium the citizens of the county may be thoroughly informed as to their county affairs. Reports to grand juries. SEC. 9. It shall be the duty of the commissioner to have prepared, as early as the state of his funds will allow, an accurate map of the county, showing the location and relative size of every land-lot, as well as of every tract owned by any individual or corporation and not less than ten acres in size, and such smaller divisions as he may deem practicable, and where any body of land has been so subdivided as to make it impracticable to show the same in detail on said map, he shall have a separate plat of said tract prepared showing such subdivisions. And whenever there is any extensive tract belonging to one owner which, in the judgment of the commissioner, embraces lands of such different character or situation as not to be fairly taxable as one body of uniform valuation, he shall cause said map to show such variation to the end that the receiver of tax returns may have better information as to lands not returned or not properly returned. County map. SEC. 10. Said commissioner shall cause entirely new sets of books to be opened by the treasurer and other officials, including his own office, to run from January 1, 1907. All moneys received from taxes of 1906, or prior years, and all other revenues for prior years, shall be separately reported to him by the officer collecting the same, and shall be kept on separate accounts by the treasurer under the direction of said commissioner, and separate records thereof shall be kept by the commissioner, and all indebtedness and expenses chargeable to the year 1906, or prior years, shall be likewise kept separate by the commissioner, and said prior funds and the assets of the county shall be primarily liable for the payment of said expenses or indebtedness. Books of account. SEC. 11. It shall not be lawful for the commissioner to build any new road or highway through the territorial limits of any town or city in said county, except by the consent of the municipal authorities, evidenced by ordinance duly and legally passed, and where any county highway, generally traveled by the people of the county, or any extensive section thereof, runs through the teritorial limits of any such town or city, it shall likewise be unlawful for the commissioner to pave or macadamize such portion of said road as lies within said town or city without a like consent, evidenced in like manner. When any such new road or highway has been built through such incorporated territory by consent of the Page 411 municipal authorities and paid for out of county funds, or when any such county highway has been paved or macadamized through such incorporated territory and the expense of such paving or macadamizing has been paid for out of county funds, the municipal government shall not grant to any private person or corporation any license, permit or franchise to tear up or open such road or highway, or otherwise disturb the work so done by the county and paid for out of county funds, or to occupy the same by any pipe-line or railroad track or other structure which may tend to the injury of said roadway, or may tend to monopolize the same in whole or in part, or may tend substantially to interfere with the free use of said roadway by the people of the county, except by the consent of the commissioner or his successor, or sucessors in authority, and upon such terms as he or they may deem necessary for the protection of the interests of the balance of the county. And in case any such license, permit or franchise is so granted in such road built, paved or macadamized out of county funds, as aforesaid, all payments, rental or other consideration paid or promised therefor shall be for the use and benefit of the whole county through the county government; provided, that the foregoing provisions of this section shall apply only to such road or highway as is an integral part or portion of the county highway or thoroughfare passing through such incorporated town or city. And neither said commissioner, nor any other officer of the county, shall grant to any private person or corporation any license, permit or franchise to tear up or open any road or highway outside the limits of any incorporated town or city, or to occupy the same by any pipe-line or railroad track, or other structure which may tend to the injury of said roadway, or may tend to monopolize the same in whole or in part, or may tend substantially to interfere with the free use of the same by the people of the county, except the terms upon which such license, permit or franchise is asked be first advertised once a week for four weeks in the newspaper in said county carrying the sheriff's advertisements, together with the time and place at which said application is to be passed on, at which time opportunity shall be given any citizen of said county who so desires, to be heard on such application; provided, however, that the provisions of this section shall not apply to such short strip of roadway, not exceeding half a mile in length, as may be deemed necessary by the commissioner for affording access to the streets of any incorporated town or city in said county; and provided, further, that nothing in this section contained shall be Page 412 construed to apply to permits of any sort for crossing a road, or for laying sewers, or for connecting by abutting property owners with pipes already laid at the time of such connection, or to usual telephone lines not interfering with the roadbed or with travel thereon, or to any other overhead structure not interfering with the roadbed or travel thereon, or to any grant or permit for mere temporary use or of trifling importance; it being hereby declared to be the true purpose and intent of this section to protect and preserve the highways of the county for the use of the people of the whole county. Roads through municipalities. Franchises. SEC. 12. Said commissioner shall grant no franchise whatever to any private person or corporation whether with or without the assent of the people, for a longer period of time than thirty (30) years, and all franchises granted by him shall cease, determine and become utterly null and void after thirty (30) years from the date thereof. Nor shall he grant any franchise of any sort to any private person or corporation without a just and reasonable compensation therefor, to be paid to the county by way of an annual sum of money in addition to taxes. And in all cases where it is required hereby to submit to the people the granting of any franchise the people must be duly advised by publication as to the terms upon which it is proposed to grant said franchise. Franchises. SEC. 13. Said commissioner shall cause to be kept with each militia district an exact account of all commutation tax collected from inhabitants of said district, and shall spend all commutation moneys on the maintenance and repair of roads in the district where collected except so much thereof as was the cost of collection, and his accounts shall so show and shall be at all reasonable times open to inspection. Commutation tax. SEC. 14. Be it further enacted by the authority aforesaid, That the Act of the General Assembly approved December 18, 1902, creating a board of commissioners of roads and revenues for the county of DeKalb be, and the same is, hereby repealed, this repeal to take effect and the terms of the five commissioners now serving under said Act to expire on January 1, 1907, on which day, at 12 o'clock, noon, they shall turn over their office, all records, books, and official papers therein, together with all county property, and a full statement of the same, with a statement showing the financial condition of the county to the commissioner of roads and revenues elected under this Act, which said statement shall be recorded on the minutes of said office. This Act, when effective. SEC. 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1906. Page 413 DOOLY COUNTY, CONTROL OF MISDEMEANOR CONVICTS. No. 427. An Act to amend an Act approved August 13, 1904, creating a board of commissioners of roads and revenues for the county of Dooly, etc., so as to provide that said board shall have the entire control and management of the misdemeanor convicts of said county, to hire out or work the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Dooly, to prescribe the duties and powers thereof, and for other purposes, approved August 13, 1904, be, and the same is, hereby amended as follows, to wit: By adding at the end of section 4 of said Act, as appears by printed Acts of 1904, page 260, the following: and said board of commissioners of roads and revenues shall have the entire control and management of the misdemeanor convicts of said county, to hire out or work the same on the public works or roads of said county, by themselves or in conjunction with free labor, or otherwise dispose of them, conformably to law, so that said section when amended shall read as follows, to wit: Dooly county, control of misdemeanor convicts. Jurisdiction of commissioners. Sec. 4. Be it further enacted, That said commissioners shall have power to exercise exclusive and original jurisdiction and control in Dooly county over all county matters that are now vested by law in the ordinaries of various counties of the State, so far as relates to roads, bridges, public buildings, property, management of the county jail and its fees, the control and management of its paupers, assessing and collecting taxes, disbursing public money for county purposes, and the execution of all laws in reference thereto, and said board of commissioners of roads and revenues shall have the entire control and management of the misdemeanor convicts of said county, to hire out or work the same on the public works or roads of said county, by themselves or in conjunction with free labor, or otherwise dispose of them conformably to law. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1906. Page 414 DOUGLAS COUNTY, SALE OF ALCOHOL REGULATED. No. 404. An Act to regulate the sale of alcohol in the county of Douglas, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be illegal to sell or furnish alcohol in the county of Douglas, this State, for any purpose except as hereinafter provided, and any one convicted of violating this Act shall be punished as for a misdemeanor under section 1039, Penal Code, 1895. Douglas county, sale of alcohol prohibited. SEC. 2. Be it further enacted, That a regular practicing physician actively engaged in the practice of medicine may prescribe alcohol for patients who are confined to their bed in said county of Douglas, when the physician is making professional calls to them. A prescription furnished and filled otherwise in said county of Douglas shall be a violation of this Act; provided, nothing in this Act will prevent the sale of wood alcohol for scientific or mechanical purposes. Prescriptions by physicians. SEC. 3. Be it further enacted, That it shall be a violation of this Act to furnish or sell alcohol in said county of Douglas on a prescription from any physician who has any interest in the drug business, or has offices or headquarters in the drug-store where the prescription is filled. No prescription shall be refilled. Sales by physicians. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1906. FLOYD COUNTY, TAX RECEIVER AND COLLECTOR AND COUNTY TREASURER. No. 687. An Act to amend an Act approved September 25, 1883, amending an Act approved February 19, 1876, to regulate and prescribe the compensation of the tax collector and receiver of Floyd county, so far as relates to the collecting and receiving of the county taxes of said county, and to regulate and prescribe the compensation of the county treasurer of said county. Page 415 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 words six hundred in the amendatory Act, approved September 25, 1883, in the fifth line thereof, be stricken, and inserting in lieu thereof the words eight hundred. Floyd county, compensation of officers. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. FORSYTH COUNTY, REMOVAL OF OBSTRUCTIONS FROM STREAMS. No. 559. An Act providing for the removal of all obstructions of all kinds, other than dams used for operating mills or machinery of other kind, from creeks and other running streams of the county of Forsyth; to compel the owners of land in said county in which said streams may flow to remove said obstructions; providing in what manner the same may be removed when said landowners neglect or refuse to remove such obstructions, and to provide for the drainage of the lands in said county through which said streams flow and extension of drains or ditches through lands of another, and to provide for the payment of all damages which may be sustained by such landowners through whose land such drains or ditches be cut or extended, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all landowners in Forsyth 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 fishponds, which are excepted from the operations of this Act. Forsyth county, removal of obstructions from streams. SEC. 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstructions as provided in section 1 hereof by the first day of October in 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 or the county commissioners, of his or their own motion, or at the instance of any Page 416 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 or road overseer of said county, all expenses and costs to be taxed against the defaulting landowner. Said ordinary or county commissioners are hereby empowered, after said obstructions have been removed, and the expenses thereof ascertained, to issue a fi. fa. for said costs and expenses against said defaulting landowner, which fi. fa. may be enforced as tax fi. fas., and shall be a lien upon all the property of the defaulting landowner, superior to all other liens except liens for taxes. Defaulting landowners. SEC. 3. Be it further enacted by the authority aforesaid, That should any landowner in said county of Forsyth fail or refuse to remove the obstructions, as provided for in the first section of this Act, by the first day in October in each year, and the ordinary or county commissioners shall refuse to act as provided in the preceding section, then, and in that event, it shall be lawful for any adjoining landowner, or any other landowner on the same stream, after first giving said landowner so failing or refusing to comply with this Act, ten days' notice of his intention to do so, to enter upon the lands of said owner so failing or refusing to do so, and to remove such obstructions, or have the same removed by his agents; and the owners of said lands shall be liable to pay the party removing or having said obstructions removed reasonable compensation for such labor, for which he shall have a lien on all the property of the party so refusing, to rank as and be in force as other laborer's liens are now in force under the law, and be enforced in the same way or the same may be recovered in a suit therefor. Adjoining landowner may remove obstructions at cost of owner. SEC. 4. Be it further enacted by the authority aforesaid, That when a running stream is the dividing line between two landowners, and either of said owners shall fail or refuse to join the other in removing the obstructions provided for in the first section of this Act, or shall refuse or fail to remove them from his half of said stream, it shall be lawful for the other, after giving notice as required in the second section of this Act, to enter and remove, or have removed, such obstructions, and shall be entitled to reasonable compensation for one-half of such labor, to be collected as provided for in the second section of this Act, and shall have the same lien as therein provided for. Where stream is dividing line. SEC. 5. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Forsyth 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 Page 417 through the lands of some adjoining landowner to a proper outlet in order to drain his land, and such adjoining landowner refuses to extend such ditch or drain, or to allow the same to be extended through his or her lands, then, and in that event, it shall be lawful for the parties or party desiring to extend such drain through the land of such adjoining landowner to a proper outlet, to do so at his own expense, and if the land of such landowners be injured or decreased in value by reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three freeholders of said county, to be appointed by the ordinary thereof. Ditches and drains. SEC. 6. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Forsyth and other counties. County lines. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. FRANKLIN COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 611. An Act to repeal an Act entitled An Act to create a board of commissioners of roads and revenues in the county of Franklin, in this State, and for other purposes, approved February 21, 1873. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That from and after the first day of October, 1906, an Act entitled An Act to create a board of commissioners of roads and revenues in the county of Franklin, in this State, and for other purposes, approved February 21, 1873, be, and the same is, hereby repealed, and the office created by said Act abolished after the first day of October, 1906. Franklin county, board of commissioners abolished. SEC. 2. Be it further enacted, That all laws and [Illegible Text] in conflict with this Act are hereby repealed. Approved August 21, 1906. Page 418 FRANKLIN COUNTY, BOARD OF COMMISSIONERS CREATED. No. 612. An Act to create a board of commissioners for the county of Franklin, State of Georgia; to provide for their election; to define their duties and powers, to fix their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of October, 1906, there shall be a board of commissioners for the county of Franklin, said State, to consist of five members until the first day of January, 1909, and their successors are elected and qualified, and after the date last mentioned to consist of three members. Franklin county, board of commissioners. SEC. 2. Be it further enacted, That at the election in October, 1908, for members of the General Assembly of Georgia, and county officers in and for said county, there shall be elected in the same manner as other county officers, and at each succeeding regular election for county officers, two resident freeholders, one residing east of North Broad river, and the other west of said river, who shall be commissioned by the Governor of said State for a term of two years, and until their successors are elected and qualified. Election of commissioners. SEC. 3. Be it further enacted, That J. M. Jordan, J. W. Harrison, J. T. Whitworth, V. C. Nelms and J. M. Crawford, of said county, shall constitute the first board of commissioners under and by virtue of this Act, and shall serve as such until their successors are elected and qualified. Commissioners appointed. SEC. 4. Be it further enacted, That each member of said board shall, before entering upon the performance of his duties, take and subscribe before the clerk of the superior court of said county the following oath, to wit: You do solemnly swear that you will faithfully discharge the duties of commissioners of the county of [Illegible Text] in all matters which require your official action, you [Illegible Text] [Illegible Text] act as in your judgment will be most conducive to the [Illegible Text] [Illegible Text] [Illegible Text] prosperity of the entire county, under this Act, the [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] laws of the State of Georgia, which oath shall [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] minutes of said board. Oath. [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] enacted, That said commissioners shall Page 419 have power to, and shall exercise original and exclusive jurisdiction and control in Franklin county over all county matters that are now vested by law in the ordinaries of the various counties of the State, having no board of commissioners, so far as relates to roads, bridges, public buildings, property, misdemeanor convicts, management of the county jail, its fees, the control and maintenance of its paupers, assessing, levying and collecting taxes and debts due the county, disbursing public money for county purposes, and the execution of all laws in reference thereto, in auditing and allowing or rejecting all claims against the county of Franklin, and to fix and audit the salary of their clerk. Powers of commissioners. SEC. 6. Be it further enacted, That said board of commissioners shall have the same right, power and authority to issue process, summons, writs, orders, and subp[oelig]nas, and to punish for contempt of court as other courts of said county and State. May issue writs, etc. SEC. 7. Be it further enacted, That said board of commissioners shall at their first meeting elect a clerk for a term of two years, who shall not be a member of said board, and whose duty it shall be to attend all meetings of the commissioners, and keep in a well-bound book full and accurate records and minutes of all their transactions, to arrange and keep in order of their filing all petitions, applications and other papers addressed to said commissioners, and to record in a separate book all orders given or approved by said commissioners or their chairman for the payment of money by the county treasurer; all such books, files and records shall be provided at the expense of the county, and shall always be subject to the inspection of any taxpayer of the county. Said clerk shall perform such other duties as may be required of him by said commissioners, and shall at each term of the superior court of said county submit to the grand jury, for their inspection, the book of minutes and records of orders upon the county treasurer. Said clerk shall be paid a monthly salary out of the county treasury, not to exceed twenty-five dollars per month. Before entering upon his duties, said clerk shall execute a bond with solvent security in the sum of one thousand dollars, conditioned for the faithful performance of his duties; said bond shall be approved by the chairman of said board of commissioners and recorded upon the minutes of said board. Clerk. SEC. 8. Be it further enacted, That said commissioners their first meeting in each year shall elect one of their [Illegible Text] a chairman, whose duty it shall be to preside at all [Illegible Text] [Illegible Text] approve and sign the minutes of each meeting, [Illegible Text] [Illegible Text] [Illegible Text] chairman, each and every process, writ, [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] order. Page 420 SEC. 9. Be it further enacted, That the treasurer of said county shall not disburse or pay out any funds belonging to the county on any order, unless the same is signed by the chairman of said board, and the clerk thereof; provided, this shall not apply to jury scrip and orders drawn by the judge of the superior court. Public money, how disbursed. SEC. 10. Be it further enacted, That a majority of said commissioners shall constitute a quorum to transact business or exercise any power herein delegated pertaining to the duties of said commissioners; provided, however, in contested or disputed matters a majority of the entire board shall control. Quorum. SEC. 11. Be it further enacted, That vacancies in said board shall be filled at a special election, called by the ordinary after thirty days' notice thereof in the paper in which the advertisements of the sheriff of said county are published, to be held under the same laws and regulations as election for members of the General Assembly, said election to be held only for the unexpired term: provided, however, that in cases where the unexpired term is less than one year, the board of commissioners shall fill same by appointment. Vacancies. SEC. 12. Be it further enacted, That said board of commissioners shall meet at 10 o'clock, a.m., on the first Wednesday in each month, and on any other date the chairman may call a meeting. Meetings. SEC. 13. Be it further enacted, That said commissioners shall each receive two dollars per day for each day's actual service rendered to the county, to be paid out of the treasury of said county on an order drawn by order of the board and signed by the chairman and clerk. Said commissioners shall be exempt from road and jury duty, and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. Per diem. SEC. 14. Be it further enacted, That any and all laws in conflict with this Act are hereby repealed. Approved August 20, 1906. Page 421 GLASCOCK COUNTY, BOARD OF COMMISSIONERS CREATED. No. 508. An Act to create a board of commissioners of roads and revenues for the county of Glascock. 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 H. A. Williams, C. C. Kelley and J. B. Poole shall constitute the members of the board of commissioners of roads and revenues for the county of Glascock, and shall hold their office for a term of four years, after the passage of this Act, and until their successors are appointed and qualified. The term of office of commissioners of roads and revenues to be for four years. All vacancies filled by the grand jury. Glascock county, board of commissioners. SEC. 2. That the commissioners herein provided for shall each take and subscribe to an oath faithfully to discharge the duties herein prescribed to the best of his ability. Oath. SEC. 3. That a quorum shall consist of at least two members, all of whom must concur to pass any order or to do any official act of the board. Quorum. SEC. 4. That no commissioner, while acting as such, shall hold any other State or county office of trust and profit, and the commissioners shall be exempt from road, jury and militia duty, and their compensation shall be two dollars each for every day's actual service rendered, to be paid upon an account specifying the time and period of service. Qualification and compensation. SEC. 5. That said board of commissioners shall have, under the laws of this State, exclusive jurisdiction in Glascock county over the following matters: Jurisdiction. 1. In managing and controlling the property of the county. 2. In levying a general tax for general and a specific tax for county purposes. 3. In establishing, changing and abolishing roads, and bridges, ferries and private ways, and also election precincts. 4. In examining, auditing and settling all claims against the county. 5. In examining and auditing the accounts of all officers having the care, management, collecting or disbursing of the money of the county, and in bringing said officers to a speedy settlement. Page 422 6. In providing for the support of the poor and in the promotion of health. 7. In regulating peddling and fixing the license therefor, and 8. In leasing or otherwise disposing of the county chain-gang, and providing for its management in a just and humane manner. The members of the board shall also have power to administer and attest oaths. SEC. 6. Said board shall have all the powers in appointing road commissioners and enforcing road laws that belonged to the inferior court immediately preceding the adoption of the Constitution of 1868, and they shall exercise such other powers as are granted by the general law to the road authorities in other counties. Powers of. SEC. 7. The commissioners shall also be authorized to purchase real and personal property to be used for county purposes, or when sold for taxes or other debts in which the county may be interested, and they may sell and convey property so purchased when, in their judgment, the interest of the county demands it. May buy property. SEC. 8. The board shall hold quarterly meetings at the court-house at stated times, and a majority of the members may convene the board in extra session whenever, in their opinion, it is necessary to do so. Meetings. SEC. 9. No money shall be paid out or used except upon the signature and authority of at least two of the commissioners. Public money, how disbursed. SEC. 10. The commissioners shall elect a clerk, whose duty it shall be to keep a record of all the proceedings in a well-bound book, which shall be submitted to the inspection of each grand jury and to any citizen desiring to examine the same. The board shall fix the compensation of their clerk. Clerk. SEC. 11. The successors of said commission shall be elected by the grand jury convening next before the expiration of the term, and should a vacancy occur by death, resignation, removal or otherwise, the unexpired term shall be filled by the next grand jury, and all appointments and removals to be evidenced by an order on the minutes of the superior court passed by the judge of said court. Elections. SEC. 12. Be it further enacted, That the Act approved August 4. 1903, providing that the ordinary of Glascock county shall have charge of county affairs, is hereby repealed. Ordinary relieved. SEC. 13. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 423 GLYNN COUNTY, CLERK OF COMMISSIONERS. No. 533. An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues in the county of Glynn, passed in 1870, and the Acts amendatory thereof, so as to authorize such commissioners to fix the compensation of the clerk to such commissioners, 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 commissioners of roads and revenues created by the above recited Act shall have the right to pay their clerk reasonable and proper extra compensation whenever he is required to perform unusual and extraordinary duties, which extra compensation shall be in addition to the regular salary which the said commissioners are authorized to pay him under the existing laws. Glynn county, compensation of clerk of commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That in the election of officers and employees, who are elected or appointed by said board, the chairman shall be entitled to vote. On all other questions the chairman shall be entitled to vote only when there is a tie. Vote of chairman of commissioners. SEC. 3. Be it further enacted by the authority aforesaid, That section 12 of the Act approved December 15. 1898, amending the above-recited Act, be amended by striking the words president, and countersigned by the clerk of the board, and on the authority of said board. and by inserting in lieu thereof the following: the clerk and countersigned by the chairman of the board and on the authority of said board, so that, when amended, the section amended by said section 12 will read as follows: Be it further enacted, That all disbursements made by said board shall be on warrants drawn on the county treasurer, signed by the clerk and countersigned by the chairman of the board, and on the authority of said board. Public money, how disbursed. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. Page 424 GRADY COUNTY, BOARD OF COMMISSIONERS CREATED. No. 401. An Act to create a board of commissioners of roads and revenues for the county of Grady; to provide for the manner of their election; to define their powers and duties; to provide their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be established in the county of Grady a board of commissioners of roads and revenues, consisting of five upright, discreet freeholders, who shall be elected by the qualified voters of Grady county at the general election of county officers on the first Wednesday in October, 1906. The three candidates receiving the highest number of votes in said election shall hold their office for a term of four years, and the two candidates receiving the next highest number of votes shall hold their office for a term of two years, and all of said commissioners shall hold their offices until their successors are elected and qualified, as hereinafter provided. Grady county, board of commissioners, election, etc. SEC. 2. Be it further enacted by the authority aforesaid, That at the regular election of county officers in the year 1908 successors shall be elected to fill the vacancis caused by the expiration of the term of the commissioners elected for the term of two years, and at the regular election of county officers in the year 1910 there shall be elected successors to the three commissioners who were elected for the term of four years. And after the first election held under this Act all commissioners, except those elected to fill vacancies caused by death, resignation, or removal from office, shall be elected for a term of four years. Election in 1908 and 1910. SEC. 3. Be it further enacted by the authority aforesaid, That upon the election of the said board, as provided for in the above sections of this Act, it shall be the duty of the clerk of the superior court of Grady county to certify to the Governor his seal of office, the names of the persons so elected, and the Governor, upon receipt of said certificates, shall commission them for the term to which they shall have been elected; and upon the presentation of their commissions, and taking the oath hereinafter prescribed, they shall enter upon the discharge of their duties. Commission and oath. Page 425 SEC. 4. Be it further enacted by the authority aforesaid, That no person shall enter upon the discharge of the duties of said office until he shall have taken the following oath of office, which oath 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 commissioners of roads and revenues of Grady county 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 best interests of the entire county; so help you God. Oath. SEC. 5. Be it further enacted by the authority aforesaid, That any vacancy occurring in said board, from any cause whatever, shall be filled by the remaining members of the board electing some suitable person to fill such vacancy, who shall take the oath prescribed in this Act, and the person so elected, after taking the oath, shall enter upon the duties of said office and hold the same for the unexpired term. Vacancies. SEC. 6. Said commissioners shall have exclusive jurisdiction over the following matters, to wit: In directing and controlling all the property of the county as they may deem expedient, according to law; in levying taxes according to law; in establishing, altering or abolishing public roads, bridges and ferries, in conformity to law; in establishing, abolishing and changing election precincts and militia districts; in supervising the tax-collector's books, and allowing insolvent list for said county; in settling all claims against the county, examining and auditing all claims or accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county, or appropriated for its use and benefit, and in bringing them to a settlement; in making such rules and regulations for the support of the poor of the county and for the promotion of health, as are not inconsistent with law; in regulating peddling; to have and exercise all the powers now granted to the judge of the county court of Grady county when sitting for county purposes. Jurisdiction. SEC. 7. Be it further enacted by the 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. 8. Be it further enacted by the authority aforesaid, That said commissioners shall hold their regular monthly meetings on the first Monday in each month, or at such other time or date as Page 426 may be fixed by said commissioners for their regular monthly meeting. Said commissioners may hold special meetings, in addition to their regular monthly meetings, whenever the interests of the county demand it. They shall keep correct minutes, in a well-bound book, of all their official acts, and they may employ some competent person as clerk of said board of commissioners of roads and revenues, and pay him such compensation as they may deem reasonable and just. Meetings. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners shall be each paid the sum of three dollars per day for each day actually engaged in the discharge of their official duties as such commissioners. Per diem. SEC. 10. Be it further enacted by the authority aforesaid, That after their election in October, 1906, said board of commissioners of roads and revenues of Grady county shall be immediately organized upon the receiving of the commissions and taking the oath hereinbefore prescribed, and shall be empowered with all the duties hereinbefore enumerated. Organization. SEC. 11. Be it further enacted by the authority aforesaid, That there shall be not more than two of said commissioners elected from Cairo district, and not more than one from any other militia district of said county. Number. SEC. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1906. GWINNETT COUNTY, SPEED OF AUTOMOBILES, ETC., REGULATED. No. 384. An Act to regulate the running of automobiles, locomobiles, motorcycles, and all other similar machines, upon the streets and public roads of Gwinnett county; to prescribe the duties of those in charge of said machines; to provide for the punishment of violations of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the Page 427 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 streets or public roads of Gwinnett county, State of Georgia, at a greater rate of speed than ten miles an hour. Gwinnett county, speed of automobiles, etc. SEC. 2. Be it further enacted by the authority aforesaid, That when any one in charge of or running an automobile, locomobile, motorcycle, or other similar machine, on the streets or public roads of Gwinnett county, 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. Meeting horse or mule. SEC. 3. Be it further enacted by the authority aforesaid, That when any one running or in charge of any automobile, locomobile, motorcycle, or other similar machine, on the streets or public roads of Gwinnett county 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, and shall come to a full stop before he reaches within fifty yards of said rider or driver, 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. Passing horse or mule. SEC. 4. Be it further enacted by the authority aforesaid, That when any one using an automobile. locomobile, motorcycle, or other similar machine, upon the streets or public roads of Gwinnett county is approaching a horse or mule hitched or unhitched to a vehicle and tied, or otherwise fastened 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 or person in charge of said horse or mule notice that he desires to pass, and to give such owner or person in charge of said horse or mule sufficient time to unhitch from the fastening and from the vehicle, if he is hitched to a vehicle, or to remove him to a place of safety. Passing horse or mule hitched. SEC. 5. Be it further enacted by the authority aforesaid, That when any person using an automobile, locomobile, motorcycle, or other similar machine, upon the streets or public roads of Gwinnett county is passing any field or other place in which a horse or mule is hitched to a plow, wagon, or any device, and which said horse or mule is within one hundred yards of said street or public Page 428 road, he shall stop his said machine and shut off all noise made thereby, and give the owner or person in charge of said horse or mule sufficient time to unhitch same or remove him to a place of safety. Passing horse or mule at work in field. SEC. 6. Be it further enacted by the authority aforesaid, That any person who drives an automobile, locomobile, motorcycle, or other similar machine, upon the streets or public roads of Gwinnett county recklessly or negligently, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the highway, and to the amount of traffic which actually is at the time, or which might reasonably be expected to be, on the highway, shall be considered an offender and punished as for a misdemeanor. Offenders, how punished. SEC. 7. Be it further enacted by the authority aforesaid, That the person running or in charge of an automobile, locomobile, 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 in section 1039 of the criminal Code of Georgia. Penalty. SEC. 8. Be it further enacted by the authority aforesaid. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. GWINNETT COUNTY, JURORS IN JUSTICES COURTS, COMPENSATION OF. No. 390. An Act to provide compensation for jurors in justice courts of Gwinnett county, Georgia, in addition to the compensation now allowed by law; to provide for the payment 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 this Act the jurors in the justice courts of Gwinnett county, in addition to the compensation now allowed by law, shall be entitled to the sum of seventy-five cents per day each, and the same for each fractional part of a day, Page 429 while in attendance upon a justice court in said county in obedience to a summons issued and served upon them for that purpose, or while serving as a talesman therein. Gwinnett county, per diem of jurors in justices' courts. SEC. 2. Be it further enacted by the authority aforesaid, That when any person entitled to pay as a juror under the provisions of this Act, he shall make affidavit on the back of his summons of the number of days that he has attended upon said summons, said affidavit giving the dates of the service and the court in which said service was rendered, and the justice or notary who presided at the time of said service shall certify the truth of the facts thereof, and when this is done the said summons shall be an order or warrant on the county treasurer of said county, and shall be by said county treasurer paid upon presentation out of the county funds as jurors in the superior courts are paid. Affidavit of service. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. HOUSTON COUNTY, COMPENSATION OF OFFICERS. No. 394. An Act to repeal an Act entitled An Act to fix the compensation of tax-collector and tax-receiver and treasurer of Houston county and provide extra compensation of officers, 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 fix the compensation for tax-collector and tax-receiver and treasurer of Houston county, and provide extra compensation of officers, approved March 2, 1875, be, and the same is, hereby repealed. Houston county, compensation of officers. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. Page 430 IRWIN COUNTY, LICENSE FEE FOR RETAILING LIQUOR. No. 421. An Act fixing the annual license fee for retailing or vending spirituous, intoxicating, or malt liquors, in Irwin county at twenty thousand dollars, and to provide a penalty for violating the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the annual license fee to retail or vend spirituous, intoxicating or malt liquors, in any quantity in the county of Irwin, in this State, or in the incorporated cities, towns or villages in said county, shall be twenty thousand dollars. Irwin county, license to retail liquor. SEC. 2. Be it further enacted by the authority aforesaid, That neither the county authorities in the county of Irwin, nor the municipal authorities of any incorporated city, town or village in said county of Irwin, shall grant or issue license to any person to retail or vend spirituous, intoxicating or malt liquors in any quantity anywhere in said county of Irwin, until the person applying for said license shall have paid into the county treasury said license fee of twenty thousand dollars, and shall have given bond and taken oath required by law for retailers of spirituous liquors, and shall have otherwise complied with the general law in reference to the retailing or vending of such liquors; and any license granted or issued without the payment of said twenty thousand dollars and without a full compliance with the requirements of this Act and the general law shall be null and void. Conditions precedent to grant of license. SEC. 3. Be it further enacted by the authority aforesaid, That the words spirituous, malt or intoxicating liquors. as used in this Act, shall be construed to mean and embrace all and every kind of distilled spirits, malt liquors, wines, beers, ciders and drinks, which, if drank to excess, will produce intoxication. Applies to all intoxicating drinks. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, by himself or agent, either directly or indirectly, to sell, barter, exchange, furnish or supply spirituous, intoxicating or malt liquors in any quantity in said county of Irwin for a valuable consideration, or to give away any such liquors for the purpose of inducing trade without first paying said license. Barter, exchange of gifts prohibited. Page 431 SEC. 5. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to prevent the sale or to require said annual license fee for the sale of domestic wines, made in said county, or for the sale of wine for sacramental purposes. Domestic wine. SEC. 6. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039 of volume 3 of the Code of 1895. Penalty. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1906. JENKINS COUNTY, BOARD OF COMMISSIONERS CREATED. No. 425. An Act to establish a board of commissioners of roads and revenues for the county of Jenkins, to define their 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, there shall be established a board of commissioners of roads and revenues for the county of Jenkins, to consist of the following five named persons, to wit: Joe. P. Applewhite. H. W. Parker, Robert Law, Harmon A. Proctor and C. M. Gay, whose term of office under this appointment shall expire, respectively, as follows: Joe. P. Applewhite and H. W. Parker, shall expire on January 1, 1910; Robert Law and Harmon A. Proctor, on January 1, 1909, and C. M. Gay, on January 1, 1908. That said commissioners, from and after the passage of this Act, shall be commissioned by the Governor for their respective terms of office, as set out above, and enter upon the discharge of their duties as soon as so commissioned. That hereafter said board of commissioners shall be elected by the grand jury of Jenkins county, at the fall term of said superior court, for a period of four years each. That C. M. Gay's successor shall be elected at the fall term, 1907, of said superior court; that Page 432 Harmon A. Proctor's and Robert Law's successors shall be elected at the fall term, 1908, of said superior court; that the successors of H. W. Parker and Joe P. Applewhite shall be elected at the fall term, 1909, of said Jenkins superior court; provided, further, that said commissioners shall be exempt from militia, road and jury duty, and shall receive the sum of three dollars per diem as compensation for their services and no other compensation. Jenkins county, board of commissioners for. SEC. 2. Be it further enacted, That said commissioners may be removed from office by the Governor upon the petition of two-thirds of any grand jury of said county. Removal from office. SEC. 3. Be it further enacted, That before entering upon the duties of their office said commissioners shall, in addition to the oath usually required by law of county officers, take and subscribe an oath for the faithful discharge of the duties of county commissioner. Oath of commissioners. SEC. 4. Be it further enacted, That no person shall be eligible to the office of county commissioner who has not been a citizen of said county at least one year immediately preceding his election. Qualification. SEC. 5. Be it further enacted, That when a vacancy occurs said vacancy shall be filled by the grand jury, at the next term of the superior court of said county after the occurrence of said vacancy, or by any subsequent grand jury. Vacancies. SEC. 6. Be it further enacted, That persons elected to fill vacancies shall be commissioned for the unexpired term of the person whose vacancy he is elected to fill. Unexpired terms. SEC. 7. Be it further enacted, That said commissioners shall have power to employ a clerk, with such compensation as they may see fit to give him, not to exceed one hundred dollars per annum, whose duty it shall be to keep a record of all the proceedings of said commissioners in a book for that purpose. Clerk. SEC. 8. Be it further enacted, That not less than three of said commissioners shall hold a court, or pass any order or decree, and when three preside it shall require a unanimous concurrence to pass any order or decree. Quorum. SEC. 9. Be it further enacted, That when four of said commissioners preside, and are equally divided in their opinions, the question or case on which it arises shall be postponed until the fifth commissioner can preside with them. Concurrence of three required. SEC. 10. Be it further enacted, That they shall be disqualified from holding any other county office, but eligible as members of the General Assembly. Ineligible to other office. Page 433 SEC. 11. Be it further enacted, That said commissioners shall have power to punish for contempt by fine not exceeding fifty dollars, or imprisonment not exceeding thirty days. Powers of board. SEC. 12. Be it further enacted, That said commissioners, when sitting for county purposes, shall have original and exclusive jurisdiction over the following subject-matters, to wit: First, in directing and controlling all the property of the county, as they may deem expedient, according to law; second, in levying a general tax for general and a special tax for special purposes, according to law; third, in establishing, altering or abolishing all roads, bridges and ferries, in conformity to law; fourth, in establishing and changing election precincts and militia districts; fifth, in supplying by appointment all vacancies in county offices, and ordering elections to fill them; sixth, in examining, settling and allowing all claims against the county; seventh, in examining and auditing the acounts of all officers having the care, management, keeping, collecting or disbursement of money belonging to the county, or appropriated for its use and benefit, and bringing them to a settlement; eighth, in making such rules and regulations for the support of the poor of the county, for the promotion of health, as are granted by law, or are not inconsistent therewith; ninth, in regulating peddling and fixing the cost of license therefor; tenth, to exercise such other powers as are granted by law, or are indispensable to their jurisdiction, and have original jurisdiction over all county matters which are granted by law to the ordinaries of said counties. Jurisdiction. SEC. 13. Be it further enacted, That said board of commissioners shall hold one session on the first Tuesday in each and every month at the county-site, and may sit at any other time they may deem necessary for county purposes. Meetings. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 10, 1906. Page 434 LAURENS COUNTY, BOARD OF COMMISSIONERS, ELECTION, ETC. No. 380. An Act to amend an Act to create a board of commissioners of roads and revenues in the county of Laurens and to define 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 section I of the above-recitel Act be, and the same is, hereby repealed, and the following enacted in lieu thereof: That from and after January 1, 1909, there shall be established in and for the county of Laurens a board of commissioners of roads and revenues, to consist of three persons. That said county shall be divided into three road districts, as follows: The first road district to include Dublin, Bailey, Burgamy and Harvard militia districts; the second road district shall include Hampton Mills, Reedy Spring, Pine Tuckey, Burches and Lowerys militia districts; the third road district shall include Buckeye, Jackson, Smith, Carter's and Oconee militia districts. Said commissioners shall be, by the qualified voters of Laurens county, at the time of electing other county officers, elected one from each road district. Laurens county, board of commissioners for. SEC. 2. Be it further enacted, That the two members of the present board of commissioners whose term expires on January 1, 1911, shall each hold their office until said date, and until their successors shall be elected and qualified. At the October election of 1908 there shall be a citizen of the third road district elected a member of said board, who shall hold his office for a term of four years, from January 1, 1909, and until his successor is elected and qualified. The term of office of said commissioners shall be four years, and until their successors are elected and qualified. Any vacancy occurring in said board shall be filled by the remaining commissioners, and the person thus chosen must reside in the same road district as the person whom he succeeds and he shall hold his office until the next regular election, when a commissioner shall be elected for the unexpired term of the commissioner who caused the vacancy. No person shall be elected to office under this Act who has not been a resident citizen of said county and the road district in which he resides for at least one year next preceding his election. Elections. Page 435 SEC. 3. Be it further enacted, That section 2 of the above recited Act be, and the same is, hereby repealed. SEC. 4. Be it further enacted, That should any road commissioner move from the road district in which he resided at the time of his election, he shall thereby forfeit the office of commissioner and the remaining members of said board shall at their next regular meeting, in the manner hereinbefore prescribed, elect a commissioner to succeed said member. Removal from district vacates office. SEC. 5. Be it further enacted, That no member of said board shall ever at any time fill any position or discharge any duties of any office over which the commissioners have any jurisdiction. Disqualified for service. SEC. 6. Be it further enacted, That no member of said board or any firm of which any member of said board may be a member, nor any corporation in which any member of said board may be a stockholder or an employee, shall ever at any time, or under any circumstances, buy anything from, or sell anything to, or be awarded any contract of any character whatever by said board of county commissioners. No member can contract with board. SEC. 7. Be it further enacted, That section 5 of the above recited Act be and the same is, hereby amended by striking from the third and fourth lines of said section the words at least three of its members and insert in lieu thereof the words the chairman of said board and countersigned by its secretary, so that said section, when amended, will read as follows: Be it further enacted, That the county treasurer shall not pay out or disburse any funds in the county treasury except upon the written order of said board of commissioners, signed by the chairman of said board and countersigned by its secretary, upon a regular court day. Disbursements, how made. SEC. 8. Be it further enacted, That section 8 of the above recited Act be, and the same is, hereby amended by striking the word two in the second line of said section and inserting in lieu thereof the word three; by adding after the word commissioner in the third line and before the word and the words provided, that no commissioner shall be paid over one hundred and fifty dollars for services as a commissioner during any one year. By striking the words may be in the third line and inserting the word is; by striking the words or any other suitable person in the fourth line and adding at the end of said section the following, not to exceed forty dollars per month, which shall be in full for all services as clerk, so that said section, when amended, will read as follows: Be it further enacted, That, as compensation, each of the said Page 436 commissioners shall receive three dollars for each day he is actually engaged in his duties as commissioner; provided, that no commissioner shall be paid over one hundred and fifty dollars for his services as a commissioner during any one year, and the clerk shall receive such reasonable compensation as shall be fixed by said commissioners, not to exceed forty dollars per month, which shall be in full for all services as clerk. Pay of commissioners and clerk. SEC. 9. Be it further enacted, That this Act shall not go into effect unless ratified by a majority of the qualified voters of Laurens county, voting at the election for county and State officers on the first Wednesday in October, 1906. Ratification. SEC. 10. Be it further enacted, That said commissioners shall elect one of their members, other than the ordinary, as chairman of said board. Chairman. SEC. 11. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. LAURENS COUNTY, OFFICERS OF, COMPENSATION. No. 406. An Act to amend an Act, approved February 27, 1877, entitled An Act to fix the pay of tax receiver and collector of Laurens county, and to consolidate the offices of county treasurer and clerk of the superior court 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 above-recited Act be amended by striking all of the second section. Laurens county, compensation of officers. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1906. Page 437 LEE COUNTY, BOARD OF COMMISSIONERS, ELECTION, ETC. No. 416. An Act to amend an Act entitled An Act to create a board of county commissioners of roads and revenues, public buildings and public property, and finances for the county of Lee. and for other purposes, and also amending the several amendatory Acts relating thereto, particularly the Act of 1878, page 281, approved February 28, 1879, and the Act of 1884 and 1886, page 276. 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 February 26, 1876, entitled An Act to create a board of commissioners of roads, public buildings, public property and finances for the county of Lee, and for other purposes, and the several Acts amendatory thereto, particularly the Act of 1876, page 281, approved February 28, 1878, and the Act of 1884, page 276, providing for the method of electing county commissioners by the grand jury of Lee county be, and the same is, hereby amended by substituting therefor the following: That from and after the passage of this Act the fourth section of said Act be changed so as to read as follows: Lee count `There shall be three county commissioners elected for the county of Lee by the people; i. e., the said three (3) commissioners are to be elected at the general election held after the expiration of the terms of the present commissioners; that nothing in this Act be considered as affecting the term of office of the present incumbents.' Election of county commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall not become a law until ratified by majority vote at the next election held for the purpose of electing county officers for the county of Lee. Ratification. SEC. 3. Be it further enacted by the authority aforesaid, That at the next general election, those favoring the adoption of this Act and the election of the commissioners by the people, shall have printed upon their ballots For election of the commissioners by the people, and those opposing this Act shall have printed upon their ballots Against election by the people. Election for ratification. Page 438 SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 9, 1906. LEE COUNTY, SALE OF LIQUORS IN SMITHVILLE. No. 576. An Act to repeal, in so far as it relates to the city of Smithville, Lee county, Georgia, all of an Act entitled An Act to prohibit the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders in the county of Lee, except as in this Act provided; to regulate and control the sale thereof through the medium of dispensaries, one to be located in each incorporated town of said county upon the recommendation of the municipal authorities thereof; to establish and perpetuate a board of commissioners for the management thereof; to provide for the equal division of the profits between the several towns and said county of Lee; to provide for the appropriation of the moneys arising from the said dispensaries; to prescribe their powers, duties and rights, and for other purposes, approved December 15, 1902. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in so far as it applies to the city of Smithville, Lee county, Georgia, all of an Act entitled An Act to prohibit the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders in the county of Lee, except as in this Act provided; to regulate and control the sale thereof through the medium of dispensaries, one to be located in each incorporated town of said county upon the recommendation of the municipal authority thereof; to establish and perpetuate a board of commissioners for the management thereof; to provide for the equal division of the profits between the several towns and said county of Lee; to provide for the appropriation of the moneys arising from the said dispensaries; to prescribe their powers, duties and rights, and for other purposes, approved December 15, 1902, be, and the same are, hereby repealed, so far as to repeal the whole of said Act in its application to the city of Smithville. The provisions of this Act are not to go into effect prior to January 1, 1907. Lee county, sale of liquors in Smithville. Page 439 SEC. 2. Be it further enacted by said authority, That after the first day of January, 1907, the said city of Smithville shall have no part or claim in any profits arising out of any dispensary in said county of Lee; that by said date all of the stock now on hand in, or that may be hereafter acquired by said dispensary, be disposed of, and as far as possible there be no whiskey, brandy, wines, beer or any other intoxicating liquors in said dispensary. Dispensary at Smithville abolished. 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 the same are, hereby repealed. Approved August 18, 1906. LOWNDES COUNTY, BOARD OF COMMISSIONERS ENLARGED. No. 626. An Act to amend an Act entitled An Act to establish a board of commissioners of roads and revenues of the county of Habersham and Lowndes, to define their duties, and for other purposes, approved December 11, 1871, and found in the Acts of 1871 and 1872, page 227, as amended by the Act amendatory thereof, approved August 20, 1872, and found in the Acts of 1872, on page 425, and as amended by the Acts of 1890-91, found on page 928 of the Acts of 1890-91, volume 2, so far as the said Act to be amended relates to Lowndes county, by increasing the number of commissioners from three to five, to specify the districts from which they shall be elected, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage and approval of this Act the above-recited Act, approved December 11, 1871, establishing a board of commissioners of roads and revenues for the counties of Habersham and Lowndes be, and the same is, hereby amended, so far as it relates to Lowndes county, by striking out the word three in the fourth line of the first section of said Act, and inserting in lieu thereof the word five, so that said section, as amended, shall read as follows: Lowndes county. Page 440 Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That a board of commissioners of roads and revenues is hereby provided for the county of Habersham; said board shall consist of five persons to be elected on the first Wednesday in January, 1872, and thereafter at the regular time of holding elections for county officers. They shall hold, in every case, until their successors are elected and qualified. The election and all things relating thereto shall be in accordance with the provisions of section 1323 of the Revised Code. SEC. 2. Be it further enacted, That said Act so approved December 11, 1871, be, and the same is, hereby amended by adding thereto the following: The said commissioners for Lowndes county, to be five in number, as hereinbefore provided, shall be elected from the following districts, G. M., of said county of Lowndes, to wit: One shall be elected from the Valdosta district, one from the Lake Park and Dasher districts, one from the Hahira and Lower Fork districts, one from the Naylor and Cat Creek districts, and one from the Clyattville and Ousley districts, and in each case where one commissioner is to be elected from two districts, such commissioners may be elected from either of said districts; and the five commissioners to be so elected shall be elected at the next regular election to be held in said county of Lowndes after the passage of this Act. Commissioners for election of. SEC. 3. Be it further enacted, That section three of said amended Act be amended, so far as it relates to Lowndes county, by striking out the word two in the fifth and sixth lines of said section and inserting in lieu thereof the word three. so that said section as amended, shall read as follows: That said board shall hold regular sessions at the county-site on the first Monday in the month of January, and in each alternate month thereafter. A special session of the first board to be chosen under this Act may be held on the first Thursday in February next. Three shall constitute a quorum for the transaction of business at any session, and the votes of three shall decide any question. Meetings. Quorum. SEC. 4. Be it further enacted, That this Act and the amendments herein made shall not apply to the county of Habersham, but shall apply to the county of Lowndes. This Act does not apply to Habersham county. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 18, 1906. Page 441 MADISON COUNTY, COMMISSIONER FOR, ELECTION, ETC. No. 593. An Act to create the office of commissioner of roads and revenues in and for Madison county, provide the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in interim, 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 office of commissioner of roads and revenues in and for Madison county, said State, is hereby created. Said commissioner shall be elected at the regular election to be held for State and county officers on the first Wednesday in October, 1906, and every fourth year thereafter in the same manner as other county officers are elected; and the said commissioner so elected at said election shall, after qualification, enter immediately upon the discharge of his duties, and shall hold said office for the term of four years from January 1, 1907, and until his successor is elected and qualified. Madison county, a commissioner for, election of. Persons eligible to hold other county offices shall be eligible to hold said office. Should a vacancy occur in said office, the same shall be filled by special election, called and held in the same manner, and be governed by the same rules and regulations and qualifications as to voters as applied to the election of clerks of the superior courts. In the interim the ordinary of said county shall perform all the duties of said office and assume all the responsibilities of the said commissioner, and receive the same compensation, at the same rate of said commissioner, to be prorated as to the length of time he shall serve. Vacancy. SEC. 2. Be it further enacted by the authority aforesaid, That the commissioner, as herein provided, shall be commissioned by the Governor of said State for the term of office for which he is elected, and before entering upon the discharge of the duties of said office shall subscribe to the oath now required by law of county officers, and shall also give a solvent bond in a solvent surety or guarantee company, to be approved by the ordinary of said county, payable to the Governor of said State and his successors in office, in the sum of $10,000, conditioned for the faithful performance of his duties as such commissioner. Oath and bond. Page 442 SEC. 3. Be it further enacted by the authority aforesaid, That said commissioner shall have exclusive jurisdiction over all county matters, and shall be invested with all the powers and duties as to the revenues of Madison county in levying and collecting taxes, and other revenues of the county, and in disposing of said taxes and revenues which have heretofore been legally exercised by the ordinary of the county of Madison. Said commissioner shall have exclusive jurisdiction and control over all county property and all roads and bridges in the county, and shall be charged with the duty of maintaining and keeping the same in proper condition, and shall be vested with all the powers and charged with all the duties as required of county authorities, as prescribed by law in reference thereto. He shall have exclusive jurisdiction over all subject-matter enumerated in section 4238 of the Civil Code of this State of 1895, and shall be vested with all other powers and duties conferred by the laws of this State upon ordinaries, when sitting for county purposes, and such as are conferred generally upon county authorities. Jurisdiction. SEC. 4. Be it further enacted by the authority aforesaid, That said commissioner shall hold a regular court for the transaction of the public business of the county connected with the county matters in the court-house in Danielsville, in said county, on the first Tuesday in each month, or at such other times as he may fix and determine by proper order passed and entered upon his minutes. He shall keep, or have kept, accurate minutes of all county matters transacted by him, and shall keep, or have kept, proper and correct books of accounts of all public moneys received and expended under his direction, showing sources from which all such moneys are received and for what purposes expended. Such books shall be at all times subject to inspection by any citizen as other public books and records. He shall publish monthly in the newspaper published in said county in which the legal advertisements are published an itemized statement of all money received and expended by him during the month just preceding such publication, and the sources from which received and the purposes for which expended, the expense for such publication to be paid out of the county treasury. He shall have power to administer oaths and hear testimony as to all matters over which he has jurisdiction, and when sitting as a court shall have power to punish for contempt under the same rules and regulations as provided for other courts. Commissioner's court. Financial statements, publication of. SEC. 5. Be it further enacted by the authority aforesaid, That Page 443 said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $960.00 per annum for his services, to be paid monthly at the end of each month's services. He is authorized to employ a clerk to keep his minutes and books, and to pay such clerk such salary as he may fix, not to exceed $200.00 per annum, to be paid out of the county treasury. He is authorized to employ a superintendent of roads, bridges and labor, who understands drainage and road-building, and such overseers and other 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 the county, and shall fix the compensation of such persons at such reasonable sum as he may think proper, except as otherwise prescribed by law. Salary. Clerk. Superintendent of roads. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioner shall make a report to the grand jury at each regular session of said court, then at the first session adjourned or special thereafter of said court, and shall accompany such report with an itemized statement of his receipts and expenditures, and the sources from whence received, and the purpose for which expended, and the vouchers therefor, and also the number of persons in said county subject to road duty, and the number of such persons who have paid the commutation tax, and the number of persons subject to road duty who have worked out their time on the roads, and the number of persons subject to road duty who have neither worked their time on the road nor paid the commutation tax, why the work is not done, nor the commutation tax paid, and what steps, if any, are taken to enforce these duties. Reports to grand juries. SEC. 7. Be it further enacted by the authority aforesaid, That all duties heretofore imposed upon the ordinary of Madison county, sitting for county purposes in the county of Madison, and all of the privileges granted to said ordinary sitting for county purposes, shall be, and the same are, hereby conferred upon said commissioner. Duties and privileges. SEC. 8. Be it further enacted by the authority aforesaid, That all moneys for public road purposes arising from commutation tax shall be collected by, and shall be paid directly to, said commissioner, and no commission shall be paid to such commissioner, nor to the county treasurer, nor to any other officer or person for receiving, collecting or paying out the same. Commutation tax. Page 444 SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. MONTGOMERY COUNTY, COMMISSIONERS FOR, COMPENSATION. No. 586. An Act to amend an Act approved December 20, 1897, in the matter of the compensation of the commissioners of roads and revenues for the county of Montgomery, in this State, 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 one of said Act approved December 20, 1897, be, and the same is, hereby amended by striking from the sixth line thereof the words twenty-five, and inserting in lieu thereof the word fifty, so that said section thus amended, shall read as follows: That said commissioners shall not be entitled to hold any other county office during their term of service as such commissioner, but may be members of the General Assembly. They shall be exempt from militia, road and jury duty, and each member of said board shall receive fifty dollars per annum. Montgomery county, salary of commissioners. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 445 NEWTON COUNTY, SALE OF SEED COTTON REGULATED. No. 530. An Act to make it unlawful to buy or sell seed cotton in the county of Newton from September 1st to December 20th in each year, and prescribe a penalty therefor. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be unlawful for any person to buy or sell seed cotton in the county of Newton from September 1st to December 20th in each year. Newton county, sale of seed cotton. SEC. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be punished as prescribed by section 1039 of the Criminal Code of Georgia. Penalty SEC. 3. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. PULASKI COUNTY, DISPENSARIES, ABOLISHED. No. 642. An Act to repeal an Act entitled An Act to establish, maintain and regulate dispensaries for the sale of alcoholic, spirituous and fermented liquors in Pulaski county, etc., approved November 15, 1901, and the Act amendatory thereto, approved December 10, 1902. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Act entitled An Act to establish, maintain and regulate dispensaries for the sale of alcoholic, spirituous and fermented liquors in Pulaski county, etc., approved November 15, 1901, be, and the same is, hereby repealed. Pulaski county, dispensaries abolished. SEC. 2. Be it further enacted, That the Act approved December 10, 1902, amendatory of the foregoing Act, and providing for elections for dispensaries in Pulaski county be, and the same is, likewise repealed. Approved August 18, 1906. Page 446 RABUN COUNTY, FISHING IN TALLULAH RIVER. No. 184. An Act to repeal an Act approved December 16, 1897, entitled An Act to regulate the catching or taking of fish in Tallulah river and all its tributaries in Rabun county, and to prescribe penalties for violating the provisions of the same. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That the Act approved December 16, 1897, entitled An Act to regulate the catching or taking of fish in Tallulah river and all its tributaries in Rabun county, and to prescribe penalty for violating the provisions of the same be, and the same is, hereby repealed. Rabun county, fishing in Tallulah river. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 18, 1906. ROCKDALE COUNTY, BOARD OF COMMISSIONERS ENLARGED. No. 674. An Act to amend an Act to provide for a board of commissioners of roads and revenues for the county of Rockdale; to provide for their election; to prescribe their powers and duties; to fix their compensation, and for other purposes, approved December 18, 1902, by striking the word five from the fifth line of section 1 of said Act, and insert in lieu thereof the word six, and also insert between the words Lorraine district and the word each, in the ninth line of said first section the words one in Milstead district, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that an Act to provide for a board of commissioners of roads and revenues for the county of Rockdale, to provide for their election, to prescribe their powers and duties, to fix their compensation, and for other purposes, approved December 18, 1902, be, and the same is, hereby Page 447 amended by striking the word five from the fifth line of section 1 of said Act, and insert in lieu thereof the word six, and also insert between the words Lorraine district and the word each in the ninth line of said first section, the words one in Milstead district, so that said section, when amended, shall read as follows: Rockdale county Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act a board of county commissioners be, and the same is, hereby created and established in and for the county of Rockdale, consisting of six persons, one of whom shall reside within the corporate limits of the city of Conyers; one in Rockdale district, outside the city limits; one in Sheffield district; one in Honey Creek district; one in Lorraine district, and one in Milstead district, each of whom shall have been residents of said county for at least two years previous to their election, and said commissioners shall hold their office for the term as provided in section 8 of this Act. Commissioners for 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 they are, hereby repealed. Approved August 21, 1906. SPALDING COUNTY, COMMISSIONERS, COMPENSATION. No. 417. An Act to amend section 2 of an Act of the General Assembly approved December 22, 1898, fixing the salaries of the county commissioners of roads and revenues of Spalding county, by striking out one hundred dollars in said section and substituting therefor two hundred dollars. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That section 2 of an Act of the General Assembly approved December 22, 1898, fixing the salaries of the commissioners of roads and revenues in and for Spalding county, Georgia, be, and the same is, hereby amended by striking out one hundred dollars in said section, and substituting therefor two hundred dollars, so that said section 2 of said Act, when, amended, will read as follows: Spalding county. Page 448 Be it further enacted by the General Assembly of the State of Georgia, That each commissioner of roads and revenues of Spalding county receive two hundred dollars in full for his services, to be paid out of the treasury of the county of Spalding. Salary of commissioners. SEC. 2. Be it further enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 9, 1906. SUMTER COUNTY, COMMISSIONER'S COMPENSATION. No. 569. An Act to amend an Act entitled An Act to create a board of county commissioners of roads and revenues for the county of Floyd, Berrien, Effingham, Schley, Sumter and Green, approved December 13, 1871, and several Acts amendatory thereto, so far only as the same relates to the county of Sumter, by providing that each commissioner of roads and revenues in and for said county shall be paid a salary of one hundred dollars per annum, 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 13, 1871, entitled An Act to create a board of commissioners of roads and revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, and the several Acts amendatory thereof, particularly amending hereby the amendatory Act approved October 5, 1885, be, and the same (in so far only as they relate to the county of Sumter) are, hereby amended by adding to said Act and amendatory Acts the following: Sumter county. Each commissioner of roads and revenues in and for the county of Sumter, beginning January 1, 1907, shall be paid the sum of one hundred dollars annually, from the treasury of said county, for his services as said commissioner of roads and revenues. Salary of commissioners. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 449 TALBOT COUNTY, REMOVAL OF OBSTRUCTIONS FROM STREAMS. No. 434. An Act providing for the removal of all obstructions of all kinds other than dams used for operating mills or machinery of other kind, from creeks and other running streams of the county of Talbot; to compel the owners of land in said county in which said streams may flow to remove said obstructions; provide in what manner the same may be removed when said landowners neglect or refuse to remove such obstructions, and to provide for the drainage of the lands in said county through which said streams flow, and extension of drains or ditches through lands of another, and to provide for the payment of all damages which may be sustained by such landowners through whose lands such drains or ditches be cut or extended, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all landowners in Talbot county, Georgia, shall, during the months of July, August and September in each year, remove from the running streams of water upon their respective lands all obstructions, including trash, trees, timber, rafts and other obstructions, except dams erected for the purpose of running machinery, or for fish ponds, which are excepted from the operation of this Act. Talbot county, removal of obstructions from streams. SEC. 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstructions provided for in the first section of this Act by the first day of October in each year, then, and in that event, it shall be lawful for any adjoining landowner, or any other landowner on the same stream, after first giving said landowners so failing or refusing to comply with this Act, ten days' notice of his intention to do so, to enter upon the lands of said owner so failing and refusing to do so, and to remove such obstructions, or have the same removed, and that the owners of said lands shall be hable to pay the party removing or having such obstructions removed reasonable compensation for such labor, for which he shall have a lien on all the property of the party so refusing, to rank as and be in force as other laborer's liens are now in force under the law, and be enforced in the same way. How required. Page 450 SEC. 3. Be it further enacted by the authority aforesaid, That when a running stream is the dividing-line between two landowners, and either of said owners shall fail or refuse to join the other in removing the obstructions provided for in the first section of this Act, or shall refuse to remove them from his half of said stream, it shall be lawful for the other, after giving notice required in the second section of this Act, to enter and remove, or have removed, such obstructions, and shall be entitled to reasonable compensation for one-half of such labor, to be collected as provided in the second section of this Act, and shall have the same lien as is herein provided for. Where stream is dividing line. SEC. 4. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Talbot shall cut or dig any ditch or drain to the line of an adjoining landowner, it shall be necessary to extend such ditch or drain through the lands of some adjoining landowner to a proper outlet in order to drain his land, and such adjoining landowner refuses to extend such ditch or drain, or to allow the same to be extended through his or her lands, then, and in that event, it shall be lawful for the party or parties desiring to extend such drains through the lands of such adjoining landowner to a proper outlet, to do so at his own expense; and if the land of such landowner be injured or decreased in value by reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three freeholders of said county, to be appointed by the ordinary thereof. Ditches and drains. SEC. 5. Be it further enacted, That this shall not apply to any stream where it is the dividing-line between Talbot and another county. Where stream is county line. SEC. 6. Be it further enacted, That when there is rock in said creeks or waterways that it is necessary to blast, that upon petition by said landowner or owners to the county commissioners of Talbot county, said commissioners shall have said rocks blasted and pay for same out of the county funds, if they see proper. Blasting rock. Approved August 14, 1906. Page 451 TATTNALL COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 418. An Act to repeal an Act to create a board of commissioners of roads and revenues for the county of Tattnall; 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 August 7, 1903. 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, 1907, an Act entitled An Act to create a board of commissioners of roads and revenues for the county of Tattnall; 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 August 7, 1903, be, and the same is, hereby repealed. Tattnall county, board of commissioners abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 9, 1906. TATTNALL COUNTY, BOARD OF COMMISSIONERS CREATED. No. 519. An Act to create a board of commissioners of roads and revenues for the county of Tattnall; to provide for the election of members thereof by the qualified voters of said county; to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a board of commissioners of roads and revenues for the county of Tattnall, to consist of three persons, is hereby created. Said commissioners shall be freeholders and qualified voters of said county, and shall reside in the road district from which they are elected, which districts are to be defined later on in this Act. Tattnall county, board of commissioners created. Page 452 SEC. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act the said county of Tattnall shall be divided into three road districts, to be constituted as follows, to wit: The first road district shall be composed of the sixteen hundred and forty-fifth, forty-first and sixteen hundred and first militia districts. The second road district shall be composed of the three hundred and fifty-first, thirteen hundred and sixty-sixth, thirteen hundred and seventy-sixth, and the sixteen hundred and seventh militia districts. The third road district shall be composed of the four hundred and first, fourteen hundred and thirty-second, and the fortieth militia districts. Road districts. SEC. 3. Be it enacted by the authority aforesaid, That at any time the county commissioners shall create a new militia district, they shall have authority by a majority vote of their board to attach said new militia district to any one of the three road districts. New militia districts SEC. 4. Be it enacted by the authority aforesaid, That W. T. Moring, for the first road district; G. W. Tippins for the second road district, and B. F. Dowdy for the third road district, be named by this Act as the commissioners of roads and revenues, and that they do qualify as such commissioners as soon as this Act becomes a law; that the term of office of W. T. Moring expires on January 1, 1907, and that the term of office of G. W. Tippins expires on January 1, 1907, and that the term of office of B. F. Dowdy expires on January 1, 1909. They shall serve until their successors are elected and qualified. Commissioners. SEC. 5. Be it enacted by the authority aforesaid, That at the October election, 1906, the successor of W. T. Moring and G. W. Tippins be elected by the popular vote of Tattnall county, and that at the October election, 1908, the successor of said W. T. Moring, G. W. Tippin and B. F. Dowdy shall be elected by the popular vote of Tattnall county. That each commissioner shall qualify the January after he is elected, and shall serve a term of two years, and until his successor is elected and qualified. That this manner of electing three commissioners every two years, at the October elections of every even year, and providing that they shall qualify the January after their election, and serving two years, shall be the manner of electing said commissioners so long as this law is of force. Elections. SEC. 6. Be it enacted by the authority aforesaid, That in the election of said commissioners, one for each road district is hereby prescribed; they shall each be elected by the qualified Page 453 voters of the entire county, and not by qualified voters of one road district. Elections. SEC. 7. Be it enacted by the authority aforesaid, That members of the board of commissioners herein created shall receive as their compensation three dollars a day for each day of actual service; provided, that no commissioner shall be paid for more than thirty-five days' service during any one year; said compensation to be paid out of the county treasury by the county treasurer upon certificate of the chairman and clerk of said board. The said commissioners shall elect the clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board at the court-house in said county; said records to be open to the inspection of any citizen or citizens of said county, at all times, provided the same does not conflict with the meeting of the board, and who shall perform such other duties as may be assigned him by said board. He shall receive compensation for the performance of his duties as may be fixed by the board in advance of his election, not to exceed two hundred and fifty dollars a year. Said clerk shall not be a member of said board of commissioners. The said commissioners shall, at their first meeting, elect a chairman of said board from their own membership, fix his term and prescribe his duties. Said commissioners shall give bond in the sum of five hundred dollars each, with sufficient security, to be approved by the ordinary of said county, payable to the ordinary of said county and his successors in office, and conditioned for the faithful performance of their duties as commissioners. Before entering upon their duties said commissioners shall take an oath before the ordinary for the faithful performance of their duties. Per diem. Clerk. Bond and oath of commissioners. SEC. 8. Be it enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county as they may deem expedient, according to law; in levying taxes, according to law; in altering, establishing or abolishing roads, bridges and ferries, according to law; establishing, abolishing or changing election precincts or militia districts; in supervising tax-collector's and tax-receiver's books, and allowing the insolvent lists of said county; in settling all claims against the county, examining and auditing all claims and accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to settlement; in controlling and managing the convicts of said county, according to law; in making rules and regulations for the support Page 454 of the poor of the county, and for the promotion of health, and electing and appointing all minor officers of said county where election is not otherwise provided for by law, such as superintendents and guards of convicts, or of chain-gangs, janitor of court-house, superintendent of the pauper farm, county physician and health officer, and other guards as needed and authorized by law; in regulating peddling, and to have and to exercise all the powers before vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as are indispensable to their jurisdiction over county matters and county finances. Jurisdiction. SEC. 9. Be it enacted by the authority aforesaid, That said board shall have the entire control and management of the convicts of said county sentenced to work on the public roads of said county, and may employ them on the public roads and bridges or works of said county. Said board shall have the right and power to hire, work and control on the public works of said county such convicts from other counties of Georgia as may be necessary in carrying on said public works in said county. The said county commissioners shall have authority at any regular meeting to establish a chain-gang in and for Tattnall county, and pass such rules and regulations for maintaining and carrying on the work of the same that they may deem right and proper. Control of convicts. SEC. 10. Be it enacted by the authority aforesaid, That said board shall hold at least one session on the first Monday in each month, at the county-site and in the court-house building, where the clerk of said board shall keep a regular office. At the request of a majority of the board the chairman at any time may call an extra session; written notice of such shall be served on each member. No less than two members of said board shall pass any order on any subject-matter, and this shall be shown on the minutes by a recorded yea and nay vote. The chairman shall vote on all measures before the board. Meetings. SEC. 11. Be it enacted by the authority aforesaid, That any vacancis that may occur in said board by death, resignation, removal or otherwise, shall be filled by a special election called by the ordinary after thirty days' notice thereof in the public gazette of the county, and to be held under the same laws and regulations as the regular October State elections, said election to be held only for the unexpired term. Removal from any road district by a commissioner elected for such road district shall vacate his office. Vacancies. Page 455 SEC. 12. Be it further enacted by the authority aforesaid, That the members of the board of commissioners shall be exempt from jury duty during their term of office. Exemptions. SEC. 13. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill entitled An Act to abolish the board of commissioners of roads and revenues for the county of Tattnall shall have been approved by the Governor of the State of Georgia. Act, when effective SEC. 14. Be it further enacted by the authority aforesaid, That no member of the said board of commissioners shall hold any subordinate position under said board; that no member or any firm of which he may be a member, or any corporation in which he may own stock, or by which he may be employed, shall buy anything from or sell anything to, or perform any contract of service of any character whatever with said board. No member can contract with board. SEC. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved August 20, 1906. TOWNS COUNTY, SALE OF ANY DRINK WITHIN ONE MILE OF YOUNG HARRIS COLLEGE PROHIBITED. No. 398. An Act to prohibit the sale or giving away within one mile of Young Harris College in the town of Young Harris, in Towns county, either directly or indirectly, to any person, any class or kind of cold or hot drinks usually sold from and out of soda-fountains, or from bottles, or any mixtures of any kind of syrups or juices for such purposes; to fix a penalty therefor, and for other purposes. SECTION 1. WHEREAS, it becomes necessary to protect the patrons of the Young Harris College in such manner as to not allow unnecessary expense on the parents, guardians or other parties at interest, Towns county, sale of beverages near Young Harris College prohibited. Therefore, 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 sale or giving away, either directly Page 456 or indirectly, to any person any class or kind of cold or hot drinks sold from and out of soda-fountains, or from bottles, or any mixture of any kind of syrups or juics sold as a beverage by any person, firm or corporation, is prohibited within one mile of Young Harris College in the town of Young Harris, in Towns county. SEC. 2. Be it further enacted, That any person, firm or corporation violating the first section of this Act shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be punished as prescribed in section 1039, volume 3 of the Code of this State. 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. Approved August 1, 1906. TROUP COUNTY, BOARD OF COMMISSIONERS, POWERS, ETC. No. 601. An Act to amend an Act, approved February 28, 1876, entitled An Act to create a commission of roads and revenues in the county of Troup, and for other purposes therein named, as said Act now stands amended by the Acts of 1882-3, page 496; 1892, page 237; 1895, page 349, by providing more fully the jurisdiction of said commission as to public and private roads, time of holding meetings; to fix the duties of the chairman; to fix the pay of the chairman and other members of the board, and of the clerk of the commission; to provide for an attorney at law to advise said commission, and to represent said county in any legal matters; to provide for the pay of said attorney, 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 creating the commission of roads and revenues in Troup county, approved February 28, 1876, be, and the same is, hereby amended by adding to section 3 of said Act another paragraph, as follows: Ninth. Said board of commissioners shall also have jurisdiction to lay out, open, change or discontinue, Page 457 remove obstructions from, and otherwise have full control of all public and private roads in said county. Troup county, public and private roads. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 of said Act be, and the same is, hereby amended by striking out the following words, beginning with the word four in the first line of said section: four sessions annually at the court-house, to wit, on the first Monday in January, April, July and October, and inserting the following words: session monthly, on the first Monday in each month, so that said section, when amended, shall read as follows: Section 4. Be it further enacted, That said board shall hold sessions monthly, on the first Monday in each month, and may call extra sessions whenever, in their judgment, the interest of the county may demand it. Meetings of commissioners. SEC. 3. Be it further enacted, That section 7 of said Act be stricken entirely, and in lieu thereof the following section be inserted, to be known as section 7: Section 7. That the compensation of the members of said board shall be three dollars per day for every day's service rendered, except the chairman of said board, who shall receive the sum of fifty dollars per month, and the clerk, who shall receive thirty-five dollars per month. Pay of commissioners and clerk. It shall be the duty of said chairman, in addition to the other duties now placed upon him by law, to personally inspect the public roads and bridges of the county at frequent intervals, that he may know at all times the condition of the same; to see that they are properly worked and repaired, and in all other respects to diligently look after the interest of the county. Chairman. It shall be the duty of the clerk of said board to be present at all meetings of said board, to keep the minutes of said meetings, and to record the same in a well-bound book, in order that they may be permanently preserved; to keep an account with the county treasurer, in order that he may at all times be able to tell the condition of the county finances; to keep a record of all county warrants issued, and of all vouchers for the same; to keep a record of all commutation tax collected and a list of persons subject to pay the same, and to keep all other files and records and do such other work as may be directed by said board of commissioners. The salary of said clerk may be increased at any time by said board when, in their judgment, they shall think that the salary paid is not sufficient for the service rendered. Clerk The clerk may at any time perform the duties of the chairman when specially instructed to do so by said chairman. Said clerk is elected at the will of said board. Page 458 SEC. 4. Be it further enacted, That said Act be further amended by adding the following: That said board may, in their discretion, elect some competent attorney-at-law, who shall advise said board when requested so to do on any legal point or question about which said board shall desire information. He shall also represent said county of Troup in any litigation that may arise in which said county is a party. For his services he shall be paid such salary or compensation as may be agreed upon by said board. Legal adviser. Said board, in their discretion, may combine the positions of clerk and attorney, as above set out, in one position, and select one person to fill both positions. Clerk and attorney. SEC. 5. Be it further enacted, That this Act shall not go into effect until recommended by the grand jury of Troup county, after which all laws in conflict with this Act be, and the same shall, stand repealed. Ratification Approved August 20, 1906. TROUP COUNTY, SALE OF LIQUORS IN WEST POINT. No. 623. An Act to repeal an Act, approved December 8, 1899, entitled An Act to repeal an Act, approved December 24, 1884, entitled `an Act to submit to the qualified voters of Troup county the question whether or not spirituous, vinous, or malt liquors shall be sold or bartered, or in any way disposed of for valuable consideration, within the limits of said county, and for other purposes'; the provisions of the Act to apply only to the town of West point, and for other purposes; to prohibit the sale of spirituous, vinous, malt, or other intoxicating liquors, in the city of West Point, 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 from and after the passage of this Act, the above recited Act, approved December 8, 1899, be, and the same is, hereby repealed; provided, that this Act shall not go into effect until the same is ratified by a majority of the qualified voters of West Point at a special election, to be ordered by the mayor and city council Page 459 of West Point, to be held during the month of April, 1907. Those in favor of said bill shall have printed, or written, on their tickets For ratification, and those opposed to said bill shall have written or printed on their tickets Against ratification. Troup county, prohibition election in West Point. SEC. 2. Be it further enacted, That any person violating the provisions of this Act shall, on conviction, be punished as for a misdemeanor. 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. Approved August 20, 1906. TURNER COUNTY, ORDINARY, COMPENSATION. No. 485. An Act to fix the compensation of the ordinary of Turner 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 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the ordinary of the county of Turner, for attending to matters pertaining to roads and revenues in said county, shall submit to each grand jury, from year to year, a statement of the services rendered for attending to matters pertaining to roads and revenues in the county of Turner, and shall have such compensation therefor as the grand jury shall recommend for such services, to be paid out of the county treasury of said county of Turner. Turner county, compensation of ordinary. SEC. 2. Be it further enacted by authority aforesaid, That the treasurer of said county shall pay said compensation on warrants drawn by said ordinary, on the said treasurer, on the funds raised for said purpose, as hereinafter provided. How paid. SEC. 3. Be it further enacted, That the said ordinary, when levying county taxes, shall assess so much, with the other county taxes, as will pay the said compensation for said ordinary, as provided by this Act. Taxation. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. Page 460 WALKER COUNTY, SPEED OF AUTOMOBILES, ETC., REGULATED. No. 585. An Act to regulate the running of automobiles, locomobiles, motorcycles, and other motor vehicles, upon the public roads of the county of Walker; to prescribe the duties of those in charge of such vehicles and to provide a penalty for any violation of the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person to run an automobile, locomobile, motorcycle, or other similar vehicles, over the public roads of the county of Walker at a greater rate of speed than ten miles per hour. Walker county, use of automobiles, etc. SEC. 2. That it shall be the duty of any person in charge of or running an automobile, locomobile, motorcycle, or other motor vehicles or machines upon the public roads of the said county of Walker, who is approaching or meeting any one riding or driving a horse or mule, to bring his vehicle, or machine, to a full stop at least one hundred and fifty feet from said horse or mule, and stop all noise being made by the machinery until said horse or mule has passed his machine and is at least fifty feet beyond the same. Meeting mule or horse. SEC. 3. That when any one in charge of or running an automobile, locomobile, motorcycle, or other similar machines, upon the public roads of said county of Walker 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 and fifty feet of said horse or mule, and slacken, and continue to slacken, the speed of his machine, so as to enable the person in charge of said horse or mule in front of him to unhitch the same or get out of the way of said machine, and he shall not pass said horse or mule at a greater rate of speed than two miles per hour. Passing mule or horse. SEC. 4. That when any person using an automobile, locomobile, motorcycle, or other similar vehicle or machine, upon the public roads of said county of Walker is approaching a horse or mule hitched to any vehicle and tied to a post, tree or other thing, or standing unfastened, it shall be his duty to stop his machine, or vehicle, at least one hundred and fifty feet from said horse or mule Page 461 and give to the owner, or person in charge of said horse or mule, a chance to unhitch or remove the same to a place of safety. When mule or horse is hitched. SEC. 5. That no person shall be allowed to run an automobile, locomobile, motorcycle, or other similar vehicle, upon the public roads of said county of Walker without first having registered his name in a book to be kept by the clerk of the superior court of said county for that purpose, and receive from said clerk a number for his machine, which number shall be entered by the said clerk opposite the name so registered; and it shall be the duty of all persons using said vehicles or machines on the public roads of said county to have said number displayed at some conspicuous place on the rear of said vehicle or machine in figures not less than two and a half by one and a half inches in size. Registration of machine. SEC. 6. That it shall be the duty of the sheriff, deputy sheriff, constables and marshals of said county of Walker to apprehend and arrest any person they may find violating any of the provisions of this Act, and to immediately carry the person, or persons, arrested before the nearest justice of the peace, or other person authorized to issue warrants and commit offenders, and then and there cause a warrant to be sworn out charging such person, or persons, so arrested with the offense committed. And said magistrate shall cause said person, or persons, so arrested to be tried as now prescribed by law, and the person, or persons, so arrested, if committed by the magistrate, shall, in default of giving bond, be committed to jail, as now provided by law in other cases. Arrest of offenders. SEC. 7. Be it further enacted by the authority aforesaid, That any person, or persons, violating any of the provisions of this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section 1039 of volume 3 of the Code of 1895. Penalty. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 462 WILKES COUNTY, ACCOUNTS, HOW AUDITED AND PAID. No. 594. An Act to create a uniform system of paying accounts, in and for the county of Wilkes; to require said accounts, and vouchers therefor, to be audited and recorded before payment, 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 within thirty days from the passage of this Act the commissioners of roads and revenues for Wilkes county, and the treasurer of Wilkes county, shall agree upon and establish a form of vouchers which shall be used for the payment of all funds from the treasury of Wilkes county, which said form shall show an itemized statement of the account, charge or indebtedness paid, to whom it is payable, from what fund payable, by whom the indebtedness was created, by whom payment of the same was authorized, a proper receipt from the person to whom payment is made, and the number of said voucher, which said number shall correspond with the number of the same on the records of the clerk of the commissioner of roads and revenues for Wilkes county, for which provision is hereby made. Wilkes county, disbursements of public money. SEC. 2. Be it further enacted, That from and after the passage of this Act it shall be the duty of the clerk of the commisioner of roads and revenues for Wilkes county to keep a book, to be known as his record of county vouchers, in which he shall keep a complete record of all warrants or vouchers drawn on the treasurer of said county, which said record shall show by proper entries the particular charge, account, or indebtedness, paid by said warrant or voucher, the number of said voucher, the fund from which the same is payable, the person to whom payable, by whom ordered paid, the date of record, and the amount of said voucher or warrant. County vouchers. SEC. 3. Be it further enacted, That from and after the passage of this Act all persons or officers having authority to draw on the treasurer of Wilkes county for the payment of indebtedness, or expenses of said county, shall use said form of voucher in paying out said funds; the person or officer who created the indebtedness, or authorized such expense, shall certify that the account is correct, Page 463 the person or officer who has authority to authorize the payment of the same shall approve the account and order it paid, and before presenting said voucher for payment by the county treasurer, all of said vouchers shall be presented to the clerk of the commissioner of roads and revenues for record and approval, who shall enter thereon the date of record, the number of such voucher, which shall correspond with the number of the same on his record, and the fund from which the same is payable. Said voucher shall be numbered consecutively, beginning with No. 1, and shall be recorded on the record of vouchers hereinbefore mentioned in the order of their respective numbers. System of vouchers. SEC. 4. Be it further enacted, That the treasurer of Wilkes county shall not pay any warrant, voucher or charge against said county of Wilkes which shall not have been drawn on said form of voucher, nor shall any such voucher be paid until the same shall have been audited and recorded by the clerk of the commissioner of roads and revenues, who shall certify on the face of each and every such voucher the fact of its record. The payment of any such voucher or warrant before the same has been audited and recorded shall be prima facie evidence of misappropriation of the county funds by such treasurer in any court in this State. Record of payment of vouchers. SEC. 5. Be it further enacted, That said clerk of the commissioner of roads and revenues for Wilkes county shall keep a ledger account for each fund on which warrants may be drawn, and shall regularly post to said ledger from his book of vouchers all warrants drawn against each fund, crediting with the warrants drawn against it from time to time, and debiting such fund with the amount of taxes or other moneys properly payable into such fund, in such manner that the balance on hand in each fund may appear from his books. Ledgers. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 464 TITLE III. EDUCATION. ACTS. Boynton school district in Catoosa county incorporated. Chickamauga school district in Walker county, boundaries of. Jenkinsburg school district in Butts and Henry counties, local tax. Academy of Richmond county, trusteeship. Wrightsville school district in Johnson county incorporated. BOYNTON SCHOOL DISTRICT IN CATOOSA COUNTY INCORPORATED. No. 481. An Act to incorporate Boynton school district, in Catoosa 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, levy and collection of taxes for the support of said 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 the same, That from and after the passage of this Act the Boynton school district in Catoosa county be, and the same is, hereby incorporated as the Boynton school district, and by that name and style shall have perpetual succession; shall have a common seal, and shall have power and authority to purchase, have, hold, receive and enjoy, possess and retain to themselves and their successors in office, for the purposes of this Act, any estate or estates, real, personal or mixed, and by that name be capable of suing, or being sued, in any of the courts of law or equity in this State. That they, acting through the trustees hereinafter named, shall have Page 465 power and authority to erect, repair and maintain any building, or buildings, in the limits of said district that may be deemed 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, or may lease or rent any building or buildings. Boynton 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 southeast corner of lot number 215 in 28th district and third section of Catoosa county, owned by J. B. Lansford, and running north along the eastern boundary of said lot and lots 182, 179, 146, 147, and including said land, all in said district and section, and along the eastern boundary of the Jesse Green estate, J. T. Hedrick lands, including said Hedrick lands, and along the eastern boundary line of lot number 110 in said district and section, owned by L. A. Benton; thence west along the northern boundary line of lots numbers 110, 109, 144, 127, in said district and section, including said lots and all the lands of L. A. Benton, W. E. Deitz, C. C. Hullender, T. C. Akin, J. B. Beavers, T. N. Reed, C. E. Smith and James Fulcher; thence south along the western boundary of lands owned by James Fulcher, J. Reed and C. E. Michaelis; thence east along the southern boundary line of T. N. Reed's land; thence south along the land owned by Dr. M. W. Murphy, and including the said lands of T. N. Reed and M. W. Murphy, and along the western boundary line of the lands of M. D. Lansford and J. B. Lansford, and including said lands of said M. D. and J. B. Lansford, to the point of beginning. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the management and control of said school, or schools, in said district shall be vested in a board of trustees, consisting of five (5) persons residing in said district, to carry into effect the provisions of this Act. And hereafter, when a vacancy occurs, whether by death, resignation or removal from office, or removal from the 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 trustees), and a majority of the whole board shall constitute a quorum and decide all questions and elections. Trustees. SEC. 4. Be it further enacted by the authority aforesaid, That the said board of trustees shall have full power and authority to employ teachers or 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 school Page 466 or schools, when in their discretion they think best. They 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 said school or schools. They shall also have power and authority to enforce the same. Powers of trustees. SEC. 5. Be it further enacted by the authority aforesaid, That M. W. Murphy, J. T. Carlock, J. R. Huskey, J. B. Norman and J. C. Osborn shall be, and they 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 in June, 1908, and thereafter on the first Tuesday in June at intervals of two years, under the same terms as elections for members of the General Assembly, and those entitled to vote for members of the General Assembly, residing in said school district, are qualified to vote at such elections. The terms of office shall be two years. Trustees named, election of successors. SEC. 6. Be it further enacted by the authority aforesaid, That the said board of trustees shall at its first meeting after the passage of this Act, or so soon thereafter as is practicable, organize by electing one of its members president of said board, and may also elect one of said board vice-president. 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 his services. The secretary and treasurer may be one person. The treasurer shall give good and sufficient bond. Officers of board. SEC. 7. Be it further enacted by the authority aforesaid, That the county school commissioner of Catoosa county shall, from time to time, pay over to the treasurer of the board of trustees of the Boynton school district such amounts and share of the public school funds as they may be entitled to under the general laws of this State, and the said county school commissioner is hereby required to pay over to said treasurer the proper proportion of said public school funds at the same time that the public school funds are paid out, as now required by law. And also the pro rata share of the school fund of Catoosa county for all children of or within school age who are residents of said county, and not residents of said district, who attend the school, or schools, of said school district. Pro rata share of county school fund SEC. 8. 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 for the use of the school, or schools, of said district, and of all expenditures made by them; these accounts Page 467 and expenditures shall at all times be 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. Accounts and reports of trustees. SEC. 9. Be it further enacted by the authority aforesaid, That the said board of trustees shall have full power and authority to fix the length of the term, or terms, of said school, or schools, for said district; provided, that the terms shall not be for a shorter time than the public schools in other parts of the county are held. They shall have full power and authority to levy and collect a tax on all real and personal property within the limits of said Boynton 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, or school, renting or leasing school property, caring for or preserving school property, and incidental expenses, but the rate of taxation shall never exceed one-half of one percentum. School terms. School tax. SEC. 10. Be it further enacted by the authority aforesaid, That the board of trustees shall have full power and authority to fix the time and manner of assessing and collecting the tax provided for in section 9 of this Act. They may appoint, and they are hereby empowered to do so, three discreet citizens of said school district as tax-assessors, who shall assess the valuation of all the property in said district for taxation, or they may take the returns of the property in said district as made to the tax-receiver of said county. The said trustees, or assessors, shall have free access to the State, county and municipal books and returns, or any part thereof that they may deem best in making the assessments for said district. The time, mode and manner of assessing and collecting said tax shall be fixed by the board of trustees at their first meeting, or as soon thereafter as practicable. Assessors. SEC. 11. Be it further enacted by the authority aforesaid, That should any person, or persons, fail to pay said tax, or taxes, at the time required, then the secretary (or secretary and treasurer, should the office be filled by one person only), 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 by law to levy and collect State and county tax fi. fas., and proceed in the same manner to sell and collect the same as now provided by law in selling and collecting State and county taxes. Said tax fi. fas. shall be a superior lien on all of the property of the delinquent taxpayer, except for State and county taxes. Tax fi. fas. Page 468 SEC. 12. Be it further enacted by the authority aforesaid, That sections nine, ten and eleven of this Act, so far as they relate to levying and collecting taxes, shall not go into effect or become operative until ratified by a majority of the votes cast at an election to be held in said school district under and by virtue of this Act. Ratification SEC. 13. Be it further enacted, That the board of trustees of Boynton school district are hereby empowered, in their discretion, to order an election, to be held at such time as they may deem proper, for the purpose of submitting the ratification or rejection of sections nine, ten and eleven of this Act, relating to taxation, to the qualified voters of said school district. Said election, if so held, shall be held at the usual voting precinct in the 1555th district, G. M., and according to the requirements of law of this State for voting for members of the General Assembly. Election for ratification. SEC. 14. Be it further enacted, That the question submitted at said election 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 shall be declared ratified and of force, otherwise if a majority shall vote Against taxation. Twenty (20) days' notice of holding such election shall be given by publication in newspaper published in Catoosa county; provided, this Act shall not go into effect until a deed, or perpetual lease, to the lot and lower story of the school building, now situated in said district to be incorporated, be executed to the board of education of Catoosa county, and in no event shall rent or hire ever be charged or paid by the school board for the use of any room or building used for school purposes. Ballots. School building. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 469 CHICKAMAUGA SCHOOL DISTRICT IN WALKER COUNTY, BOUNDARIES OF. No. 599. An Act to amend an Act, approved August 19, 1905, entitled 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, so as to change the boundaries of the same. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that section 2 of said Act be amended by omitting lots of land 242, 243, 244, in the 9th district and 4th section, and adding to said section land-lot number 8, in the 8th district and 4th section, and said Act so amended shall read: Chickamauga school district. 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 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 numbers 10 and 11, in the 8th district and 4th section of Walker county, Georgia, and belonging to R. C. Stotts, and better known as the Glass Mill property; also, lot of land number 8, in the 8th district and 4th section of Walker county, Georgia. Corporate limits. Sec. 3 Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. Page 470 JENKINSBURG SCHOOL DISTRICT IN BUTTS AND HENRY COUNTIES, LOCAL TAX. No. 574. An Act to amend an Act approved August 22, 1905, and to be found at large in the Acts of 1905 on pages 472, 474, 475, 476 and 477, and entitled 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 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, and to provide by said amendment for machinery to tax all property and business of all corporations, companies, copartnerships and persons owning property or doing business in Jenkinsburg public school district, which said corporations, companies, copartnerships and persons are required by the political Code of the State of Georgia and by the general tax Act of 1905 to make returns to the Comptroller-General of the State of Georgia, and for other purposes. WHEREAS, By an Act approved August 22, 1905, the Jenkinsburg public school district, in the counties of Butts and Henry was incorporated; and Preamble. WHEREAS, Under and by virtue of said Act and in accordance with the provisions thereof, an election for the ratification or the rejection of said Act, and for the election of a board of five trustees in said school district, was ordered by the ordinary of Butts county; and WHEREAS, Said election as ordered was duly advertised as required by said Act; and WHEREAS, Said election was duly had at the time and place, and in the manner prescribed in said Act, and in accordance with the order for said election; and WHEREAS, At said election said Act was duly and lawfully ratified as required by its terms, and a board of five trustees was duly elected; and WHEREAS, The managers of said election made return thereof Page 471 to the ordinary of Butts county in manner and form as required by said Act; and WHEREAS, Said ordinary of Butts county opened said returns and declared the result of said election to be in favor of the ratification of said Act, and the election of a board of five trustees, and entered said proceedings of record upon his minutes in manner and form as prescribed in said Act; and WHEREAS, Thereafter, on October 2, 1905, said board of trustees organized under said Act by electing a president and a secretary and treasurer from their own number, and said secretary and treasurer executed a good and sufficient bond as required by said Act, which said bond was approved by said board of trustees; and WHEREAS, Said board of trustees, on October 17, 1905, in good faith and in accordance with the terms of said Act, as construed by said board, put in operation public schools in said school district; and WHEREAS, Said board of trustees, on November 20, 1905, elected a competent and qualified person from said school district as tax-receiver and collector as required by said Act; and WHEREAS, Said tax receiver and collector gave the bond required by said Act, which bond was approved by said board of trustees; and WHEREAS, Said board of trustees provided a suitable digest as required by said Act; and WHEREAS, For the year 1905, December 11th to December 19th, both inclusive, was fixed as the time during which returns by the taxpayers of said school district might make returns to said tax-receiver, and December 20th was fixed as the time for the payment of taxes; and WHEREAS, A tax of one-fourth of one per cent. was levied for the year 1905 on all property liable to be taxed under the terms of said Act and for the purposes mentioned therein, said tax levy including taxes against all persons, corporations, copartnerships and companies, and the property of all persons, corporations, copartnerships and companies whose returns for State taxation are required to be made to the Comptroller-General; and WHEREAS, The scholastic year in this State, according to almost universal and immemorial custom, does not coincide with the calendar and fiscal years; and WHEREAS, During the year 1905 said board of trustees erected and repaired and equipped school buildings in said school district and expended considerable sums of money for these purposes; and WHEREAS, Said board of trustees paid teachers considerable Page 472 sums of money for services rendered in teaching in said schools during the year 1905; and WHEREAS, Every taxpayer residing in said school district, or owning property located therein, save only such taxpayers as are by law required to make returns for taxation to the Comptroller-General, has paid during the year 1905 the taxes assessed for that year, and the money so paid in has been in good faith expended in erecting, repairing and equipping school buildings, and in paying teachers for the services rendered during the year 1905; and WHEREAS, The aforesaid Act of August 22, 1905, fixed no year in which taxes thereunder should begin to be levied and collected; and fixed no time when schools should begin to be operated thereunder; and WHEREAS, Such taxpayers residing in said school district, or owning property located therein, as are required by law to make returns for State taxation to the Comptroller-General, have refused and declined to pay for the year 1905 the tax assessed and paid by other taxpayers, contending, first, that it was the intent and purpose of said Act to levy no tax thereunder for the year 1905; and, second, further contending that no machinery was provided by said Act for assessing and collecting taxes against such taxpayers so returning their property to the Comptroller-General for State taxation; and WHEREAS, It was the intent and purpose of said Act to put in operation schools thereunder as soon as the same should be retified in manner and form as provided therein; and WHEREAS, It was the intent and purpose of said Act to authorize the board of trustees elected thereunder to levy and collect taxes annually for the support of schools operated thereunder, said taxes to be levied for the year 1905 as well as for other years; and WHEREAS, The Constitution of this State requires that all taxation shall be uniform upon the same class of subjects, and ad valorem on all property subject to be taxed within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws; and WHEREAS, Equality of burden-bearing is the equitable and just end aimed at by the aforesaid constitutional requirement as to taxation; and WHEREAS, It is manifestly unjust and inequitable for such taxpayers as make returns to the several tax-receivers to be alone taxed for public school purposes, while others escape this just and necessary burden on the ground that no machinery is provided for Page 473 assessing their property and taxing the same; and for remedy whereof: 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 aforesaid Act of August 22, 1905, be, and the same is, hereby amended by adding thereto the following provisions: The words and phrases used in this Act, and the Act amended, and in proceedings thereunder, shall, unless the same shall be inconsistent with the context, be construed as follows: Jenkinsburg school district. `Property' shall include everything of value, real and personal, tangible and intangible, as well as franchises. `Person' or `persons' shall include corporations, copartnerships, companies, voluntary associations and natural persons. `Located property' shall mean property having an actual, physical and fixed abiding-place. `Unlocated property' shall mean property having no actual, physical, permanent and fixed abiding place, and shall include such property as the rolling stock of railroads, and also credits, rights and choses, which by a fiction of the law are supposed to follow the person or owner. `School year' shall mean scholastic months of twenty school days each, and need not coincide with the fiscal or calendar year, but may be included in more than one fiscal or calendar year, within the discretion of the board of trustees. SEC. 2. Be it further enacted by the authority aforesaid, That all property subject to be taxed for State purposes shall be taxed for public school purposes as defined in the original Act hereby amended, and as required by the Constitution of this State. Property tax. SEC. 3. Be it further enacted by the authority aforesaid, That all property subject to be taxed shall be returned to the tax-receiver of said Jenkinsburg school district by the persons liable for said tax, and in manner and form as required by said original Act. Tax returns. SEC. 4. Be it further enacted by the authority aforesaid, That in the event any taxpayer shall return his property to said receiver below its true market value, it shall be the duty of the tax-receiver of said school district to refuse to accept the return so made, and it shall be his further duty to assess the property returned at its true market value and to notify the taxpayer of such assessment. Assessments. SEC. 5. Be it further enacted by the authority aforesaid, That in the event such taxpayer shall be dissatisfied with the assessment made, the value of said property for taxation shall be arbitrated Page 474 as is provided in Political Code 936; provided, such dissatisfied taxpayer shall request of said tax-receiver an arbitration within ten days from the time he is notified of the assessment made; provided further, that written notice of an assessment mailed, properly stamped and addressed to the last known postoffice address of the taxpayer shall be deemed sufficient notice. Arbitration SEC. 6. Be it further enacted by the authority aforesaid, That in case of default or failure to make a return, it shall be the duty of the tax-receiver of said school district to assess for taxation the property and persons so in default in manner and form as required by the original Act. In making such assessments said tax-receiver is hereby authorized to require of the Comptroller-General information touching all matter of file in his office going to show the valuation of all property owned by persons required by law to make returns to the Comptroller-General for State taxation; but said tax-receiver is not limited to this source of information in making his said assessments. Defaults. SEC. 7. Be it further enacted by the authority aforesaid, That all property located wholly and entirely in said school district shall be taxed therein for school purposes. All property in district subject. SEC. 8. Be it further enacted by the authority aforesaid, That where any property, considered as a whole or a unit, is not located entirely and wholly in said school district, but is partially located in said school district and partially located elsewhere, such property shall be apportioned for taxation equitably and ratably, that is to say, in that proportion which the value of the property so located in said school district bears to the total value of the whole property. Property partially located in district. SEC. 9. Be it further enacted by the authority aforesaid, That the legal residence of the owner, if a resident of this State and of said school district, is hereby fixed as the situs of taxation of all unlocated property, and such property shall be taxed in said school district if its owner is a resident of said district. Unlocated property of residents. SEC. 10. Be it further enacted by the authority aforesaid, That if the owner of any unlocated property usually and generally kept and used in said school district is not a resident of this State, or of said district, such unlocated property, if usually kept and used in said district, shall be taxable therein under this Act. Unlocated property of non-residents. SEC. 11. Be it further enacted by the authority aforesaid, That if a non-resident of this State and of said school district be the owner of unlocated property which is usually and generally kept and used, not wholly and entirely in said school district, but indifferently in said district and elsewhere, and value of such property for taxation shall be equitably and ratably apportioned; that Page 475 is to say, in the proportion of the use of said property in said school district to the whole use of said property. Apportionment of tax on unlocated property. SEC. 12. Be it further enacted by the authority aforesaid, That persons owning or operating property lying partly in this State and partly in other States, shall be taxed as to the located part of their said property as is provided in section 8 thereof, and shall be taxed as to rolling stock and other unlocated property as is provided in Political Code 779. Property partly in this State, how taxed. SEC. 13. Be it further enacted by the authority aforesaid, That every railroad, street railroad, telephone line, express line, telegraph line, sleeping-car line, refrigerator-car line, and the like, traversing said school district, or carrying on in said school district its usual and ordinary business shall be deemed a resident of said district for purposes of taxation under this Act and the original Act amended, regardless of where its principal office is located. Corporations doing business in district, how taxed. SEC. 14. Be it further enacted by the authority aforesaid, That the tax receiver and collector shall open his digest for the purpose of receiving returns of each year at such time as may be provided by resolution of the board of trustees of said school district; provided, said digest shall be opened for receipt of returns not later than the 25th of August in each and every year; provided further, said digest shall not be closed so as to render taxpayers in default in less than thirty days from the date on which it is opened. Tax returns SEC. 15. Be it further enacted by the authority aforesaid, That said tax receiver and collector is hereby expressly authorized and directed to assess and collect back taxes from all defaulters for each and every year including the year 1905, and in the same manner as is provided in section 6 of this amendment. Back taxes. SEC. 16. Be it further enacted by the authority aforesaid, That any person in default on account of taxes for the years 1905 and 1906 shall be permitted to return his property for taxation at any time within thirty days from the approval of this Act; and upon failure to make return within thirty days from the approval of said Act, the said tax receiver and collector shall proceed to assess and collect taxes as against said defaulters as provided in the original Act and as herein elsewhere provided. Defaulters. SEC. 17. Be it further enacted by the authority aforesaid, That all sales under executions issued hereunder shall be had and conducted in the same manner as is provided for sales under executions in favor of the State and counties for taxes. Tax sales. SEC. 18. Be it further enacted by the authority aforesaid, That Page 476 the sheriffs and their lawful deputies of this State are authorized and directed to execute by levy of sale or otherwise tax fi. fas. issued under and by virtue hereof; provided, this vesting of authority in the sheriffs shall not be construed as affecting the right of lawful constables to execute such fi. fas. by levy and sale or otherwise. By whom made. SEC. 19. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. ACADEMY OF RICHMOND COUNTY, TRUSTEESHIP. No. 503. An Act to authorize the trustees of the Academy of Richmond county, who are now in office, and who by virtue of such office trustees under the will of Richard Tubman, to surrender up the trust estate now in their hands to a corporation to be created upon their application by the superior court of Richmond county to administer the trust, and for other purposes. WHEREAS, By the will of Richard Tubman, of record in the court of ordinary of Richmond county, he devised all his real estate in the city of Augusta after the death of his wife to the trustees of the Academy of Richmond county and their successors, the annual product to be by them appropriated to the erection of a poorhouse in the said county, and for the support of its inmates forever; and Preamble. WHEREAS, With the sanction of the superior court of Richmond county the trustees of the Academy of Richmond county as such and ex-officio trustees, have sold all the real estate left by Richard Tubman in the city of Augusta, and invested the proceeds thereof in bonds and securities, have from the annual product purchased a tract of land in the county south of Augusta, erected thereon cottages, and have now in successful operation an institution styled the Tubman Home; and WHEREAS, The trustees of the Academy having put the institution into successful operation, are desirous of being relieved from the duty imposed upon them by Mr. Tubman's will, which has been discharged free of charge to the trust estate, and deem it best to promote the welfare of the institution and charity so inaugurated Page 477 that it should be administered in the future by a corporation expressly created for this purpose; 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 trustees of the Academy of Richmond county now in office and as such ex-officio trustees under the will of Richard Tubman, be, and they are, hereby authorized to make application to the superior court of Richmond county for an order to incorporate this trust under the name and style of the Tubman Home. Tubman home to be incorporated. SEC. 2. Be it further enacted, That upon the passage of such order by Richmond superior court the said trustees are authorized to turn over and deliver all property, corpus and unexpended income, in their hands, the same to be an acquittance and discharge of the trustees of the Academy of Richmond county, officially and individually, from the further administration of the duties of the office, and from all liability to account for the trust estate created under the will of Richard Tubman. Trusteeship. SEC. 3. Be it further enacted, That the corporation to which the trust estate created under the will of Richard Tubman shall be turned over and delivered by the order of Richmond superior court shall be subject to visitorial power in the trustees of the Academy of Richmond county respecting the conduct and management of the same. Visitorial power. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. WRIGHTSVILLE SCHOOL DISTRICT IN JOHNSON COUNTY INCORPORATED. No. 377. An Act to incorporate the Wrightsville school district in Johnson county, and define the boundaries of the same; to establish a board of education therein; to provide for the election of the same, and to confer on said board certain powers; to regulate the control and management of schools in said district, and provide revenue for the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, Page 478 and it is hereby enacted by the authority of the same, That from and after the passage of this Act, and the ratification of the same, as hereinafter provided, there shall be established a corporate school district in and about the city of Wrightsville in Johnson county, to be known as the Wrightsville school district, which district shall extend from the court-house in said city, as a center, outwards in all directions a distance of two miles. Wrightsville school district incorporated. SEC. 2. Be it further enacted, That the management and control of all schools in said district shall be vested in the board to be known as the board of education of Wrightsville school district, composed of seven persons, and which board by that name and style, shall have perpetual succession, shall have and use a common seal, have right to sue and be sued, and shall have the power to purchase, receive and hold to them and their successors in office, for school purposes, any estate, real or personal, and of every other kind and character, and to sell and otherwise dispose of the same as hereinafter provided. Corporate name. SEC. 3. Be it further enacted, That T. L. Harris, C. F. Duffee, T. S. Page, S. J. Moye, J. F. Norris, T. A. Braswell and J. H. Birch shall be, and are, hereby constituted the board of education, to carry into effect the provisions of this Act, until the regular election of said members of said board shall take place on the second Wednesday in December of each year. That the first election under this Act shall be held on the second Wednesday in December, 1907, at which time there shall be three members for said board elected, three for one year and four for two years from said date. Their successors in office shall serve for a term of two years from the date of their respective elections, and until their successors are elected. The board of education shall fill all vacancies occurring in said board. The persons hereinbefore named shall serve until the first election above specified. Board of education. Election of members. SEC. 4. Be it further enacted, That the board of education shall immediately after this Act goes into operation organize by electing a president, vice-president, secretary and treasurer, which president and vice-president shall be members of said board, and which treasurer may, or may not be a member of said board, and which secretary shall not be a member of said board. No member shall receive compensation for his services, except the secretary and treasurer, whose compensation shall be fixed by the board, at the beginning of their terms, and shall not thereafter be changed during said terms. The secretary and treasurer may be removed from office by the board for sufficient cause, in their discretion. The secretary and treasurer shall each give good and sufficient bonds, to be fixed and approved by the board. Page 479 No person shall be a member of said board, or fill the office of secretary or treasurer, who is not a bona fide resident of said school district. Organization of board. SEC. 5. Be it further enacted, That said board of education shall have the power to adopt a system of public schools in said district, to elect a superintendent and prescribe his duties, and to 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 take 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 to promote the educational interest of said district not in conflict with the provisions of this Act, nor the laws of this State; provided, that said board shall not have the power to purchase property where the purchase-price exceeds one hundred dollars, or sell it without the consent of a majority of the qualified voters of said district, to be ascertained by an election to be held for that purpose, notice of which election shall be given by said board for twenty days prior to the holding of the same, and which election shall be held in accordance with the laws governing the elections for members of the Legislature, and in which election the returns shall be made to the board of education, who shall publish the same; and any citizen may contest the legality of said election, or the correctness of said returns in the same manner as the contests are made in the elections of justices of the peace and constables; provided further, that said board may purchase property sold under tax executions issued by its authority, as hereinafter provided, as well as fuel, crayons, erasers, and other articles necessary to meet the current demands of the school without an election. Powers of board. SEC. 6. Be it further enacted, That there shall be established a school for not less than seven and not more than ten scholastic months in each year, the length of said term to be in the discretion of the board. The curriculum in said schools shall be only such as is taught in the system of public schools maintained by the State, except the board may provide for a higher curriculum to be paid for by the patrons who may send pupils desiring to be taught in said higher curriculum. There shall be one, and only one, school for white children, and one, and only one, school for colored children in said district. All children entitled to the benefit of public schools under the laws of this State, and whose parents, guardians or natural protectors reside within the corporate limits of said district, shall be admitted into the aforesaid schools, the colored children into the colored school, and the white children Page 480 into the white school, upon the payment of such admittance or incidental fees as the board of education may deem necessary. Children of non-residents and such others as may not be entitled to the benefits of these schools may be admitted upon such terms as may be prescribed by the board of education, not in conflict with the laws of this State. School terms. Curriculum White and colored children in separate schools, etc. SEC. 7. Be it further enacted, That after the ratification of this Act, it shall be the duty of the county school commissioner of Johnson county, and he is hereby required, to pay over to the treasurer of said board of education, under such rules as the said board may prescribe not in conflict with the rules and regulations of the county board of education, the portion of the public school funds of said county to which the school established under this Act for said district may be entitled under the rules of distribution of the public-school funds. Pro rata 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 will be necessary to raise by taxation to defray the expenses of said schools for the scholastic year, and said board shall be required to levy and collect the same, and said secretary shall be the tax-collector and shall exercise all the powers of a tax-collector in the collection of said taxes; provided, that said amount shall not exceed one-half of one per cent. of taxable property in said district. Said taxes shall be collected annually or semi-annually, or at such time or times as the board may fix or direct, and when collected shall be turned over to the treasurer of said board, and, together with the amount received from the public-school funds, the admission and tuition fees, which may be collected, and other funds which come into the hands of the board for school purposes, 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 the order of, and as directed by, the board of education. Taxation. SEC. 9. Be it further enacted, That the tax shall be levied and collected on the tax-returns made for the State and county purposes for the year last preceding the said tax levy. Taxreturns SEC. 10. Be it further enacted, That the sheriff of Johnson county shall be ex officio the executing officer of said district, to serve all writs, tax fi. fas., make all sales thereunder, and perform such like duties; but the board may select or appoint a resident of said school district who shall not be a member of said board (or fill any other office thereunder), to perform such acts and duties as pertain to the executing officer of said district, to act whenever Page 481 the sheriff for any reason can not act, or declines to act, or is not convenient for him to act, and either the said sheriff or the appointed bailiff may legally serve all writs, notices and all papers and levy tax fi. fas., and make sales thereunder. That for issuing fi. fas. against delinquents the secretary shall be entitled to a fee of fifty cents for each fi. fa. issued to be taxed against and be paid by such tax delinquents, and for levying and settling each tax fi. fa. the sheriff or bailiff shall be entitled to the sum of one dollar, to be paid by the defendant in fi. fa., and for making sales under said fi. fas., the said sheriff or bailiff shall be entitled to the same commissions as allowed to the sheriffs of this State to be paid by the defendant in fi. fa. For other services rendered by said sheriff or bailiff he shall receive such compensation as may be fixed by the board. All sales of real estate under tax fi. fas. shall be advertised once a week for four weeks in the newspaper in which the sheriff's sales for Johnson county are advertised before said sale shall take place, which sale shall be made before the court-house door in Wrightsville, Georgia, as sheriff's sales are made, and of personal property, notice of sale shall be posted at the court-house in said city of Wrightsville for four weeks, at which tax sales said board of education may bid and buy in the property to be held and used for school purposes, under the same rules as to redemption as are provided by the laws of this State. When property is levied on under tax fi. fas., the same defense only, and the same rules as to claims, and the same modes and requirements and methods of procedure shall prevail as obtained under the laws of this State in like cases, except that claims of realty shall be returned to the superior court of Johnson county and other issues shall be returned to the city court of Wrightsville or such other court as may take the place hereafter of said city court. Tax, how collected. SEC. 11. Be it further enacted, That the board of education of Johnson 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 funds be paid to any other school in said district, nor shall any of the State funds be paid to any other school in said district than the schools herein provided for. No other public school in district. SEC. 12. Be it further enacted, That in case any school property acquired by said board of education, under any provisions of this Act, or otherwise be sold, the fund derived therefrom shall be reinvested in other property to be used for school purposes. Proceeds from sales of school property. SEC. 13. Be it further enacted, That before this Act shall become Page 482 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, of which ten days' notice shall be given by posting in five conspicuous places in said district, in which notice the time, place and purpose of said election shall be stated, and which election shall be held under the same rules and regulations as the election of mayor of the city of Wrightsville. The legally qualified voters only of such school district shall be allowed to vote in said election, or in any other election held in said school district for any purpose, and the registration list last prepared by the county registrar before any such election herein provided for shall constitute the highest evidence as to who are qualified voters in said district. At said election of adoption, those favoring the adoption of this Act shall have printed or written on their ballots, For the establishment of public schools, and those opposing the adoption of this Act shall have printed or written on their ballots, Against the establishment of public schools, and if two-thirds of the qualified voters of said district shall vote in said election for the establishment of public schools, this Act shall immediately become operative, and said board shall put said school in operation as soon as practicable thereafter. Should the result of the election herein provided for be against the establishment of public schools, the board of education of said district as hereinbefore constituted may order another election once every six months thereafter, until this Act and public schools are adopted. Ratification. SEC. 14. Be it further enacted, That the board of education shall annually make a report to the public in writing of the condition of said schools, and oftener if they deem necessary, and they shall accompany their report with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports by Board of education. SEC. 15. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. Page 483 Part III.Corporations. TITLE I.MUNICIPAL CORPORATIONS. Page 485 TITLE I. MUNICIPAL CORPORATIONS. ACTS. Albany, city of, public-school system. Aldora, town of, incoporated. Alma, town of, new charter. Americus, city of, charter amended. Ashburn, city of, new charter. Auburn, town of, charter amended. Baxley, city of, charter amended. Blakely, town of, dispensary law amended. Blue Ridge, city of, charter amended. Boston, town of, charter amended. Bremen, city of, charter amended. Brooklet, town of, incorporated. Broxton, city of, charter amended. Brunswick, city of, charter amended. Brunswick, city of, charter amended. Brunswick, city of, charter amended. Butler, town of, charter amended. Cairo, city of, incorporated. Calhoun, town of, charter amended. Canon, town of, charter amended. Cartersville, city of, new charter. Center, town of, incorporated. Chatwood, town of, incorporated. Chipley, town of, public school system. Chula, town of, charter repealed. Clarkston, town of, public-school system. Climax, town of, new charter. College Park, city of, charter amended. Colquitt, town of, dispensary law amended. Commerce, city of, charter amended. Cordele, city of, charter amended. Corinth, town of, charter amended. Cornelia, town of, charter amended. Crawfordville, city of, charter amended. Crosland, town of, incorporated. Culloden, city of, public-school system abolished. Page 486 Dallas, town of, charter amended. Dawson, city of, public-school system amended. Dawson, city of, charter amended. Decatur, town of, charter amended. Dillard, town of, incorporated. Donalsonville, town of, new charter. Douglas, city of, charter amended. Douglas, city of, charter amended. Douglasville, town of, charter amended. Duluth, town of, new charter. East Rome, town of, charter amended. Eastville, town of, incorporated. Edgewood, town of, charter amended. Edison, city of, incorporated. Elberton, city of, charter amended. Ellaville, city of, incorporated. Enigma, town of, incorporated. Epworth, town of, incorporated. Fairburn, town of, charter amended. Fort Gaines, town of, public-school system Fort Gaines, town of, water and lights. Funston, town of, incorporated. Georgetown, town of, new charter. Godfrey, town of, new charter. Griffin, city of, charter amended. Griffin, city of, charter amended. Guyton, town of, charter amended. Hagan, city of, incorporated. Hagan, town of, charter repealed. Hahira, town of, charter amended. Harlem, town of, charter amended. Hawkinsville, city of, charter amended. Helena, city of, charter amended. Hickox, town of, incorporated. Hiram, town of, new charter. Hogansville, town of, dispensary abolished. Holly Springs, town of, incorporated. Hull, town of, charter amended. Iron City, town of, charter amended. Jackson, city of, charter amended. Juuction City, town of, incorporated. Lake Park, town of, charter amended. Lawson, town of, incorporated. Macon, city of, riding bicycles on sidewalks of suburbs prohibited. Madison, city of, waterworks bonds. Madison, city of, charter amended. Mansfield, town of, new charter. Marietta, city of, waterworks bonds. Marietta, city of, charter amended. Marshallville, town of, incorporated. Milan, town of, incorporated. Millen, town of, charter repealed. Millen, city of, incorporated. Monroe, city of, charter amended. Monroe, city of, charter amended. Morgan, city of, incorporated. Monticello, city of, charter amended. Mullis, town of, incorporated. Nashville, city of, charter amended. Page 487 Naylor, town of, incoporated. Newnan, city of, public-school system. Newton, town of, charter repealed. Newton, city of, incorporated. Norman Park, city of, charter amended. North Rome, town of, charter repealed. Omaha, town of, new charter. Oak Park, town of, incorporated Ocilla, city of, dispensary abolished. Offerman, town of, incorporated. Pearson, town of, new charter. Pelham, town of, charter amended. Pendergrass, town of, charter amended. Pepperton, town of, charter amended. Poulan, town of, charter repealed. Poulan, city of, incorporated. Rome, city of, bond issue. Rome, city of, bonds, registration, etc. Rome, city of, charter amended. Rome, city of, charter amended. Saint George, city of, incorporated. Savannah, city of, jurisdiction of police court. Savannah, city of, grant to Young Men's Christian Association. Savannah, city of, charter amended. Savannah, city of, confirmation of deed. Senoia, city of, incorporated. Sparks, town of, charter amended. Summertown, town of, incorporated. Summerville, village of, charter amended. Swainsboro, city of, charter amended. Tennille, city of, new charter. Tifton, city of, charter amended. Tifton, city of, charter amended. Tifton, city of, charter amended. Toomsboro, town of, charter amended. Ty-Ty, town of, incorporated. Ty-Ty, town of, charter repealed. Valdosta, town of, charter amended. Vidalia, city of, public-school system. Vidalia, city of, incorporated. Vienna, city of, charter amended. Vienna, city of, charter amended. Warrenton, town of, charter amended. Waycross, city of, charter amended. West Point, city of, charter amended. Winder, city of, incorporated. Winston, town of, incorporated. Woodstock, town of, charter amended. Yatesville, town of, charter amended. Younker, town of, incorporated. Page 488 ALBANY, CITY OF, PUBLIC SCHOOL SYSTEM. No. 548. An Act to provide for a system of public schools in and for the city of Albany, Dougherty county, Georgia; to empower and require the mayor and council of said city to levy and collect a special tax for the maintenance and support of same; to establish a board of education to conduct the same; to define the powers and duties of said board; to provide for the ratification of this Act by election, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the said city of Albany having recommended the same, there be, and the same is, hereby established a system of public schools in and for the city of Albany, Dougherty county, Georgia, to be conducted, maintained and supported as hereinafter provided. Albany, public school system. SEC. 2. Be it further enacted by the authority aforesaid, That there be, and the same is, hereby created a board of education for said city of Albany, under the corporate name of the board of education of the city of Albany, to be vested with corporate authority in its corporate name, to sue and be sued, plead and be impleaded, to have, own and use a corporate seal, and do all other acts relating to its corporate capacity. Board of education incorporated. SEC. 3. Be it further enacted by the authority aforesaid, That said board of education shall consist of the following named eleven persons: R. H. Warren, Wm. Lockett, J. R. Graffenreid, A. W. Muse (who shall hold such office for a term of one, two, three and four years, in the order named, from the second Monday in April, 1906), the mayor of the city of Albany, the chairman of the county commissioners of roads and revenues of Dougherty county, and the five members of the board of education of Dougherty county. The last named seven persons shall always be members of said board of education by virtue of their offices as indicated, and the successors to the first four named persons shall be citizens of the city of Albany, qualified to vote therein, and elected by joint action of the city council of the city of Albany and commissioners of roads and revenues of Dougherty county on the second Monday in April of each year, for a term of four years. At the expiration of the several terms of said first named four persons, and any vacancy occurring on said board of education for an unexpired Page 489 term among first named four persons, shall be filled by election held in the same manner on a call for said purpose. A majority of said board shall constitute a quorum for the transaction of any of its business. Members of board. SEC. 4. Be it further enacted by the authority aforesaid, That the officers of said board of education shall be a chairman, who shall be the mayor of the city of Albany; a secretary, who may be one of the members of said board, and such other officers as said board may deem advisable. All of said officers, except the chairman, shall be elected by said board, and hold office at its pleasure. Said board shall serve without compensation, except the secretary and such other officers as may be elected, who shall receive such compensation as the board may deem proper. Officers of board. SEC. 5. Be it further enacted by the authority aforesaid, That said board of education is hereby directed, authorized and empowered to operate, conduct and control said system of public schools, and to do and perform all necessary acts, and to devise, design and adopt all necessary means and ways for the proper support, operation and maintenance of the same; in addition to the regular common-school course, to adopt such courses, including primary, grammar and high school, as they may deem proper; to prescribe the curriculum in said schools; to appoint and employ teachers and a superintendent in said schools, and to fix their salaries; to make and adopt such rules, by-laws and regulations for their own government and that of the superintendents, teachers and pupils as they may deem proper; to receive by purchase, gift or otherwise all property, both real and personal, as may be, by them, deemed proper or necessary; to contract and be contracted with; and to do all and every other act or acts as are, or may be, necessary for the proper support, maintenance and operation of said system of schools. Powers of board. SEC. 6. Be it further enacted by the authority aforesaid, That said board of education shall provide separate schools for the white and colored children under this Act, and all children between the ages of six and eighteen years, whose parents or guardians are bona fide residents of the city of Albany, shall be entitled to the benefits of said school under such regulations as said board may provide, and said board may provide for the admission of all children, who reside out of said city of Albany, into said schools, upon the payment of such rates of tuition as said board may provide. Separate schools for white and colored children. SEC. 7. Be it further enacted by the authority aforesaid, That said board of education shall keep regular minutes of all its proceedings, and said minutes shall at all times be open to the inspection Page 490 of the city council of the city of Albany; that said board shall, at or before the beginning of each scholastic year, furnish the city council of the city of Albany with a written estimate of the funds necessary for the support, operation and maintenance of said system of public schools for the ensuing school year, and at the end of each scholastic year said board shall submit to said city council a report of all amounts received and disbursed by said board during said year, with such other information and recommendations as said city council may deem proper, and said board is hereby required to make all other reports as are now, or may be hereafter, required of them under the law of the State of Georgia. Proceedings of board, etc. SEC. 8. Be it further enacted by the authority aforesaid, That the city of Albany be, and it is, hereby authorized, required and empowered, upon the request or recommendation of said board of election, to levy and collect, as other taxes are collected, a special tax upon all the taxable property of said city, not exceeding threetenths of one per cent., in addition to all other city taxes now authorized, and said special tax shall be known as the school tax and paid over to said board of education, to be used for school purposes only as the needs of said school may require. Taxation. SEC. 9. Be it further enacted, by the authority aforesaid, That no bill or change of any character contracted or made for the maintenance or support of said schools shall be paid, approved or audited for payment except at a regular meeting of said board of education, at which time said bill or change shall be attested by the chairman and signed by the secretary of said board, and when so approved, attested and signed shall be presented to the proper officer of said board, who will thereupon be authorized to pay the same. Disbursements by board. SEC. 10. Be it further enacted by the authority aforesaid, That no term of said schools shall be for a period less than five or more than ten months in each year. School terms. SEC. 11. Be it further enacted by the authority aforesaid, That before the provisions of this Act shall become operative it shall be submitted to a vote of the qualified voters of the city of Albany, and the mayor and council of said city shall within thirty days after the passage of this Act, or as soon thereafter as may be practicable, order an election to be held in said city for the ratification of this Act, under the same rules and regulations which all of said city's elections are held, after first publishing notice of said election once a week for four weeks in any newspaper having a general circulation in said city prior to said election. All persons Page 491 qualifying to vote under the rules and regulations of said city election shall be entitled to vote in this election, and those voting shall have printed on their ballots For public schools or Against public schools. If two-thirds of the voters so qualified to vote shall vote in said election for public schools, then the provisions of this Act shall become operative, and the city council of the city of Albany shall so declare the same and spread their declaration upon the minutes of the council. If public schools shall fail to carry in said election, the same question may be resubmitted to the qualified voters of said city as often as every six months, upon the application of twenty-five freeholders of said city to the city council, which application shall be spread on the minutes of said council. Ratification SEC. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. ALDORA, TOWN OF INCORPORATED. No. 431. An Act to incorporate the town of Aldora, in the county of Pike; to define its corporate limits; to provide a government for said town, and to confer certain powers on same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the town of Aldora is hereby incorporated and made a body corporate and politic under the name of the Town of Aldora, said town being located in the county of Pike, and in the northwest corner of land-lot No. 56 and the northeast corner of land-lot No. 41, of the seventh district thereof; and its corporate limits, within which said town and its territory is embraced, shall be as follows, to wit: Beginning on the south side of the public road leading from Barnesville to Zebulon, in said county, at a point where the western corporate limits of the city of Barnesville, as now laid out, crosses the south side of said public road, and running thence westerly along the south side of said public road to the land of Page 492 W. T. Elliott, formerly belonging to J. C. Collier; thence running southerly along the east line of said Elliott's land to the northwest corner of land of H. G. Jordan; thence easterly along the north line of said land of H. G. Jordan to the road which leads from the Central of Georgia Railroad south through the property of the Aldora Mills to the old Jenkins place; thence south along the east side of said road to the northwest corner of the land of Walter B. Smith, formerly belonging to F. M. Farley; thence easterly along the north line of said Walter B. Smith's land to the western corporate limits of the city of Barnesville; thence northerly along said corporate limits, which are circular in shape, to the beginning point on the public road leading from Barnesville to Zebulon. Aldora, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted, That the municipal government of said town shall be vested in a mayor and three (3) councilmen, who shall be known as the mayor and council of said town; and under the corporate name of the Town of Aldora, as aforesaid. Said mayor and council shall have perpetual succession, and the right and power to sue and be sued, plead and be impleaded, contract and be contracted with, and to purchase and hold such real and personal property as may be needful for the good order, government and welfare of said town, and to exercise such other rights, functions, privileges and immunities as belong to municipal corporations generally under the law. Mayor and councilmen. SEC. 3. Be it further enacted, That the corporate powers of said town shall be exercised by said mayor and council, or by officers and agents under their authority, except when otherwise provided. They shall also elect a clerk and treasurer, and a marshal, each of whom, when elected, shall enter into a bond with sufficient sureties, approved by the mayor, in such penal sum as the mayor and council may prescribe, payable to the corporation, and conditioned to faithfully discharge their duties as prescribed by the charter and ordinances of said town, and to collect and pay over all taxes, fines, forfeitures and other incomes of said town, and to account for all moneys and property that may come into their hands belonging to said town; and said officers shall continue in office during the pleasure of the mayor and council, and perform the duties as prescribed by said body, or as may be provided herein. Said mayor and council shall by ordinance prescribe the duties of said clerk and treasurer and marshal, as well as of any other officers or agents appointed by them. Corporate powers. Officers. SEC. 4. Be it further enacted, That the mayor and three (3) Page 493 councilmen shall be first elected on the last Tuesday in August 1906, and enter upon their duties on the first Tuesday in September, 1906, and shall hold their office until their successors in trust are elected and qualified. The terms of the mayor and councilmen elected after the first election shall commence on the first Tuesday in February of each year, beginning with the year 1908, and shall be for one year and until their successors are elected and qualified. Said first election shall be held on the last Tuesday in August, 1906, under the supervision of three citizens of said town, who shall canvass the votes and declare the result of said election, and then, within five days thereafter, give a certificate to the persons who are elected as mayor and councilmen of said town. After said first election, elections shall be held for said mayor and council on the first Tuesday in January of each year, beginning with the year 1908, at such place in the town, and under such supervision, rules and regulations, not inconsistent with the laws regulating county elections, as the mayor and council may prescribe; said mayor and council to appoint three citizens of said town as managers to hold said election under such rules and regulations as they may prescribe. Said mayor and councilmen, as well as the other officers of said town, shall each, before entering upon the discharge of his duties, take and subscribe an oath to faithfully discharge the duties of his office to the best of his skill and knowledge, without fear, favor or affection, and to the best interest of said town, which oath shall be made before any person authorized by law to administer oaths, and be filed with the clerk and treasurer of said town. Elections of mayor and councilmen, terms of office, etc. SEC. 5. Be it further enacted, That sections 692, 693, 694, 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 717, 718, 719, 720, 721 and 722 of volume 1 of the Code of Georgia of 1895 be, and the same are, hereby incorporated in this Act and made a part hereof, and the provisions thereof and the powers conferred thereby are hereby bestowed upon said Town of Aldora and upon the government and officers thereof, just the same as if said sections had been specifically set forth herein, so far as the same do not conflict with the provisions set out in this charter. Corporate law. SEC. 6. Be it further enacted, That said mayor and council, in the name and behalf of said town, shall have the right to make such contracts as may be necessary for the general welfare and benefit of said town and of the inhabitants thereof, and shall also have the right to make such rules and regulations and pass such by-laws and ordinances as may be necessary for carrying Page 494 out the purposes of the government of said town and conserving and protecting the welfare, health, morals, peace and good order of said town and of the inhabitants thereof, and may provide by ordinance for the registration of the qualified voters of said town. General welfare. SEC. 7. 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 per cent. (1%) on all the property, real and personal, subject to State and county taxes within the corporate limits of said town for corporate purposes, and for the purpose of maintaining the government and paying the expenses of said town, and for promoting the welfare, peace, benefit and good order of said town and the inhabitants thereof. Said taxes shall become a lien on said real and personal property within the limits of said city, as owned on April 1st of each year, and shall become due and collectable at such time and in such manner as may be prescribed by ordinance. Ad valorem tax. SEC. 8. Be it further enacted, That it shall not be lawful for any malt or intoxicating liquors to be sold within the corporate limits of said town, and the mayor and council of said town are forbidden to grant any license for the sale of such malt and intoxicating liquors within said town. Sale of liquors prohibited. SEC. 9. Be it further enacted, That for the purpose of protecting the peace and good order and health of said town, the corporate limits and authority of said town is hereby extended for one-half () mile beyond the limits of said town as above defined, but outside of the city limits of Barnesville and not to extend within said city, the same being for police and sanitary purposes; and within said extended limits said mayor and council, and the marshal of said town, shall have the right to abate and remove nuisances and anything else that may be deleterious to the health of said town; and also to preserve order and make arrests therein. Extended corporate limits. SEC. 10. Be it further enacted, That the marshal of said town, or any special policeman, as well as the mayor, or any member of said council, shall have the right to make arrests without warrant, and to arrest and detain any one guilty of violating any of the ordinances of said town, and committing offenses against the peace, good order and dignity thereof, and to hold such offender in the guard-house or county jail pending trial, or else take bond for his appearance for trial before the mayor's court. Arrests. SEC. 11. Be it further enacted, That there shall be a mayor's Page 495 court in said town, to be held by the mayor, or in his absence or disqualification, by the mayor pro tem. or by any other member of the council (in case of the absence or disqualification of such mayor pro tem.) in the council chamber, or in 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 try and determine offenses against any of the ordinances of said town, and upon conviction to sentence any offender against the ordinances of said town to hard labor on the streets of said town, or any other work in said town, for a period not exceeding thirty days, or to impose a fine not exceeding fifty dollars ($50.00), or to sentence the offender to the town prison or county jail for a term not exceeding thirty days; the sentence may be in the alternative, and either one or all of said penalties may be imposed, in the discretion of the court, upon such offender. Said court shall also have the right to punish for contempt by imprisonment in the calaboose of said town not exceeding five days, or a fine not exceeding five dollars ($5.00), either one or both. Mayor's court. SEC. 12. Be it further enacted, That any person convicted in the mayor's court shall have the right to appeal to the full board of councilmen, within four days after conviction, upon giving bond, to be fixed by the mayor or acting mayor; and the right is also given any person to certiorari from the decision of said board, as provided by law, or to certiorari from the decision of the mayor, or acting mayor, where only a question of law is involved, and no issue of fact. Appeals and certiorari. SEC. 13. Be it further enacted, That the mayor and council shall elect a mayor pro tem., who shall act as mayor in the event of the absence or disqualification of that official. Mayor pro tem. SEC. 14. Be it further enacted, That bonds may be taken for the appearance of offenders against the ordinances of said town, and the said mayor and council may provide by ordinance for the forfeiture of all such appearance bonds. Appearance bonds. SEC. 15. Be it further enacted, That the citizens of said town, between sixteen and fifty years of age, shall be subject to work the streets of said town or to pay commutation tax, as provided by section 701 of the Code of Georgia of 1895, which section is incorporated as a part of this charter; but no person residing in said town shall be required to work the public roads outside of the Page 496 incorporate limits of said town, nor to pay any commutation or county tax in lieu of same, nor any county road tax. Commutation tax. SEC. 16. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. ALMA, TOWN OF, NEW CHARTER FOR. No. 656. A bill to be entitled an Act to create a new charter for the town of Alma, in Appling county, and to incorporate said town and prescribe its limits; to provide for a mayor and councilmen for 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 Alma; to supersede the present charter of same as granted by the superior court of Appling county; to authorize the establishment of a system of public schools for said town, and provide for building and equipping suitable public-school buildings; to provide for a system of waterworks; to provide for all other matters of municipal cognizance, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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 Alma, located in the county of Appling 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 Alma, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all rights, powers and privileges, titles, property, easements and hereditaments now belonging, or in anywise appertaining, to the said town of Alma as heretofore incorporated, shall be, and are, hereby vested in the town of Alma created by this Act. And the said town of Alma 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 councilmen, who shall compose the town council, such ordinances, rules, resolutions and regulations for the transaction of its business and the welfare and proper government Page 497 of said town, as the said town council may deem 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 Alma 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, hereditaments of any kind or nature whatsoever, within or without the limits of said town, for corporate purposes. Said town of Alma, created by this Act, is hereby made responsible, as a body corporate, for all legal debts, liabilities and undertakings of said town of Alma as heretofore incorporated. Alma town of, incorporated. Corporate powers. SEC. 2. Be it further enacted, That from and after the passage of this Act the incorporate limits of the town of Alma shall be as follows, to wit: To embrace all of lot of land number two hundred and eighty-two in the 5th land district of Appling county, all of lot number two hundred and seventy-one, which lies on the west side of Big Hurricane creek, all of lot number two hundred and eighty-one in said 5th district, which lies south of Bear branch, and all of lot number two hundred and seventy-two in the 5th district, which lies south of Bear branch and west of Big Hurricane creek. This territory includes the present corporate limits of the town of Alma, as incorporated by the superior court. 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 councilmen. The present incumbents as mayor and councilmen shall continue in office as mayor and councilmen of the town of Alma 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, 1906, and on the second Saturday in each year thereafter, for mayor and five councilmen, who shall hold their offices for one year, beginning January 1st next after the 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 notice in any public gazette having a circulation in said town; said notice shall be posted ten days before said election. The polls at all elections under this charter shall not be open before nine o'clock a. m. and shall be closed at four o'clock p. m. The qualifications of voters Page 498 at such elections 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 councilmen. 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 peace and two freeholders, or by three freeholders in case no justice lives in the town, or in case he fails to act, who shall be residents of said town. Said superintendents shall take an oath for the due and legal and impartial performance of their duties as such superintendents, and shall have all the powers incident to managers of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any voter be challenged, they shall administer to such voter the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resided one year in this State, and for the last six months within the corporate limits of the town of Alma, and have paid all taxes legally required of you by said town of Alma; so help you God. All papers incident to such election shall be held for three months by the clerk of the council, and then be destroyed by burning in the presence of mayor and councilmen at a regular meeting. Elections, how held. SEC. 5. Be it further enacted, That the superintendents of said election shall conform with the laws governing elections in this State, in so far as they are applicable to said election, and declare the result of said election and certify the same, with the tallysheet and list of voters, to the town council, and shall issue certificates of election to such persons as received the highest number of votes polled. Those declared elected shall, within ten days from said election, or at the next regular meeting of the town council, qualify by taking an oath well and truly to perform the duties of their respective offices before an officer authorized in this State to administer oaths, or before the retiring mayor. Said oath shall be field 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. Superintendents of elections. SEC. 6. Be it further enacted, That at the first meeting of Page 499 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 enacted further, That in case of death, resignation or removal from office, or removal from town of the mayor, the mayor pro tem. shall order an election to fill said vacancy, as is prescribed in section 3 of this Act (in case of a failure to hold a regular election), and in case of a vacancy in the board of councilmen, 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 the mayor and council shall elect a marshal for one year, who shall hold his office till his successor is elected. He shall receive such salary and fees as the mayor and council shall determine by ordinance, and before entering upon the discharge of his duties he shall enter into bond, with good security, in such sum as the council shall require, not to exceed the sum of one thousand dollars ($1,000), for the faithful performance of his duties of marshal of said town of Alma. He shall keep a record of all money received by him, and pay the same to the town treasurer. The mayor and council may, at any time, remove the marshal from his office for disorderly conduct, abuse of his office, neglect of his official duties, or other conduct unbecoming an officer, and appoint a successor to fill his vacancy for the unexpired term of the retiring marshal. Marshal. SEC. 10. Be it further enacted, That the mayor and council shall elect a clerk of the council, who shall keep a record of all the acts of said council, and shall enter all cases on the docket of offenders against ordinances. His compensation shall be regulated by the mayor and council, by ordinance, for his services. They may require of him bond, with good security, for the faithful Page 500 performance of his duties, and to account for all money coming into his hands during his term of office. Clerk of council. SEC. 11. Be it further enacted, That the mayor and council shall elect a treasurer, who shall give bond, with good security, to the amount which the mayor and council may fix, not less than two thousand ($2,000) dollars, for the faithful discharge of the duties of his office; he shall receive all money paid to said council, and shall pay the same out upon vouchers signed by the mayor and approved by the council. He shall keep a record of all money received and paid out by him, and shall make a statement every three months to the council of all money received, paid out and on hand. The mayor and council shall fix the compensation he shall receive by ordinance. Treasurer. SEC. 12. Be it further enacted, That the mayor and council shall appoint a tax-receiver, to receive returns on all real and personal property within the corporate limits, and to make such regulation necessary for the proper returns of all property within said town of Alma, that does not violate the laws of this State relative to all property, real and personal, now or may hereafter be enacted. Tax-receiver. SEC. 13. Be it further enacted, That after the receiver of tax-returns of said town receives all the returns, the mayor and council will examine the returns made, and they shall have the power to increase the amount returned on all property within said incorporate limits, where the same has not been returned at a fair valuation of its value at the time said returns were made. Tax returns SEC. 14. 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 councilmen of said town. Ordinances SEC. 15. 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 cost, 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. 16. 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 Page 501 compensation shall be fixed for the coming year at the first regular meeting in December of each year, and not later than December 15th, and shall be from January 1st to the following January 1st. Salaries. SEC. 17. Be it further enacted, That the mayor and council shall have the right and power to license, regulate and control tenpin-alleys, billiard and pool tables, or to prohibit the establishment of such tables, and remove or abate said tables or alleys when they deem it necessary; they shall have full power and authority to license all livery-stables, and all buggies, hacks, wagons, carts and drays and other conveyances kept for hire in said town, and fix such rules and regulations as they 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 care for and make all necessary repairs to a cemetery for said town; to regulate and provide for the burying of the dead therein; and may sell or convey by deed or grant to persons who 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 which at any time may be necessary, and do whatever they deem best to preserve and beautify said cemeteries. Licenses, rules and regulations. Cemetery. SEC. 18. 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 taxes on trades, business occupations, theatrical exhibitions or other performances exercised, performed or exhibited within the limits of said town, as may be deemed proper; and fix and collect such taxes on circuses, menageries and all shows of domestic or wild animals, or other shows, as may be deemed proper by said mayor and councilmen; and fix and collect such taxes on any person or company dealing in confectionery, fruits, drinks, founts, hotels, running boarding-houses, or engaging in any kind of business in the houses, or on the streets or sidewalks of said town. And the mayor and councilmen shall have the further 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 of such license is injurious to business, society, morality, religion, or the peace, quiet and good order of said town. Taxation. Page 502 SEC. 19. Be it further enacted, That the mayor and councilmen 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 centum 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 qeustions 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 questions 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 councilmen 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 councilmen shall have the power to provide for and elect a board of education of five members to control the same. Public schools. Ratification School bonds. SEC. 20. Be it further enacted, That the mayor and councilmen 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, tanyards, steam boilers and steam engines, blacksmith-shops, 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, boarding-houses, and other public houses in said town. Police powers. SEC. 21. Be it further enacted, That all male citizens 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 the streets and Page 503 roads of said town fifteen days in each year, or to be taxed therefor, as the council may direct or determine, by a commutation tax not to exceed four dollars per annum; and the mayor and council shall have full power and authority to call out each and every male person within the jurisdiction of said corporation subject to streety duty, who shall be compelled to do road and street duty according to the laws of said town; and said mayor and councilmen shall have power to punish defaulters by fine of not more than two dollars 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 collect and levy a tax in lieu of such road and street duty from all persons subject thereto, and no person who shall be indebted to said town in any tax, fine, fee or assessment shall be allowed to vote at any election held under this charter. Street work and commutation tax. SEC. 22. Be it further enacted, That the mayor and council of said town shall have full power and authority to open and lay out, staighten, 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 street or alley, 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 Appling 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 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. 23. Be it further enacted, That the mayor, or mayor pro Page 504 tem., when presiding at any meeting of the board of council, or holding a police court, shall have the power to punish for contempt by fine not exceeding five dollars or imprisonment not exceeding twenty-four hours for each offense, or may imprison in default of the payment of said fine for twenty-four hours, in the discretion of the officer presiding. Police court SEC. 24. Be it further enacted, That the mayor and councilmen of said town shall have power to curb, pave, drain and keep in good order and repair the roads, streets, sidewalks, alleys, cross-walks, 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. Municipal powers. SEC. 25. Be it further enacted, That all writs, processes, subp[oelig]nas, rules nisi for forfeiture of bonds, all executions issued in behalf of the town for the collection of taxes, fines, forfeitures, or for other purposes, shall be directed to the marshal of said town, and all and singular the sheriffs and deputies of this State, signed by the clerk and bearing test in the name of the mayor of said town; and sheriffs and their deputies are empowered and required to serve and execute all writs, processes and warrants and subp[oelig]nas, executions, etc., issued as aforesaid when the property or parties to be proceeded against are without the corporate limits of the said town of Alma; and the marshal, deputy marshal, shall serve and execute all processes, writs, warrants, executions, sub[oelig]nas, etc., issued as aforesaid, when the parties or property to be proceeded against are within the corporate limits of said town. Taxes, etc., how collected. SEC. 26. Be it further enacted, That the mayor, or mayor pro tem., and any three councilmen shall form a quorum for the transaction of business, and the mayor, or mayor pro tem., shall have the casting vote, and the majority of votes may determine any and all questions or elections before the council. SEC. 27. Be it further enacted, That all ordinances, rules and regulations passed by the mayor and board of councilmen 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 the town. Ordinances Page 505 SEC. 28. Be it further enacted, That the expenditures of the mayor and councilmen 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 to what purpose; which book shall at all times be subject to the inspection of the mayor and councilmen 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. Disbursements, how made. SEC. 29. Be it further enacted, That it shall be the duty of the taxpayers and owners of all taxable property within said town, either by themselves or by an agent, to make annual returns under oath to the clerk of the council of said town, or such other officers as the mayor and councilmen of said town may appoint for said purposes, at such times as said mayor and councilmen 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, or persons, shall fail to make said returns, or shall make any return deemed incorrect by the mayor, said mayor may assess the property of such person, or persons, 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 and assessments. SEC. 30. 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 interest in such contracts entered into by himself or another, directly or indirectly. Corporate contracts. SEC. 31. Be it further enacted, That the corporation of the town of Alma 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 Page 506 license or occupation tax extra of the general tax such as is now authorized to assess against property of individuals or corporations, and that the mayor and councilmen 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 of any other tax. Occupation tax. SEC. 32. Be it further enacted, That the mayor and councilmen of said town shall have full power, whenever they may deem it necessary, to require railroads in said corporate limits to make 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 to do so, the mayor and council shall have 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 move 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 councilmen shall have the right to regulate or prohibit within said town the shifting of cars or making up of trains, other than passenger, fruit or live stock trains, on 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. Coal-chutes. Shifting cars. SEC. 33. Be it further enacted, That said mayor and councilmen shall have the right to regulate the places of telegraph and telephone poles in said town, and to remove, or to compel telegraph Page 507 or telephone companies to remove, said poles when they become dangerous to person or property, or are to become an impediment to the use of the streets or private or public property. Said mayor and council may provide a system of public schools, lights or waterworks for said town, as may be determined by a two-thirds vote of all the qualified voters of said town, voting at an election held for that specific purpose. Telephone and telegraph poles. Public schools, waterworks, etc. SEC. 34. 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. Specific tax. SEC. 35. Be it further enacted, That the mayor and councilmen 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. Impounding stock. SEC. 36. Be it further enacted, That the mayor and councilmen 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. 37. Be it further enacted, That the mayor and councilmen of said town shall have power, upon proof of existence and maintenance of any house of ill-fame, or bawdy-house, 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. Bawdy-houses. SEC. 38. 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. 39. Be it further enacted, That all previous charters and amendments thereto to said town of Alma be, and the same are, repealed by this Act, and all laws and parts of laws militating against this Act are hereby repealed. Approved August 21, 1906. Page 508 AMERICUS, CITY OF, CHARTER AMENDED. No. 538. An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Americus; to confer additional powers upon the mayor and city council of Americus; to extend the corporate limits of said city, and for other purposes, so as to confer upon the mayor and city council of Americus full power and authority to grade, curb, pave and repair the streets and sidewalks of said city, to assess against the property next to and adjacent to such streets or sidewalks as may be curbed, paved or repaired, and the owners and lesses thereof, the entire cost of such curbing or repairing, and one-third (1/3) of the cost of so much of such pavement as lies next to and adjacent to such property situated on such streets, according to frontage; to provide for the collection of such 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 section 29 of the Act approved November 11, 1889, entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the city of Americus; to confer additional powers upon the mayor and city council of Americus; to extend the corporate limits of said city, and for other purposes, be, and the same is, hereby amended, so as to confer upon the mayor and city council of Americus full power and authority to grade, curb, pave and repair the streets and side-walks of said city, and to assess against the property next to and adjacent to such streets or sidewalks as may be curbed, repaired or paved and the owners and lesses thereof, the entire costs of such curbing or repairs, and one-third (1/3) of the costs of so much of such pavement as lies next to and adjacent to such property, situated on such street or sidewalk, according to frontage. Americus. Assessments for street improvements. SEC. 2. Be it further enacted by the authority aforesaid, That said mayor and city council of Americus are hereby empowered to enforce the payment of the assessments provided for in the foregoing section, against the property next to or adjacent to such streets or sidewalks, and against the owners and lesses thereof, as provided for in section 33 of said Act; provided, however, that Page 509 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, together with such execution, shall be returned to the superior court of Sumter 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. How enforced. 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. Approved August 18, 1906. ASHBURN, CITY OF, NEW CHARTER. No. 622. A bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the city of Ashburn, in the county of Turner, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city of Ashburn, 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 City of Ashburn, 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 city of Ashburn, 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 city council, such ordinances, rules and regulations, and resolutions, for the transaction of its business and the welfare and proper government of said city as to said city council may seem best, and Page 510 which shall be consistent with the laws of the State of Georgia and of the United States, and said city of Ashburn 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 city, 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 city or its citizens; to assess values of property, levy and collect taxes thereon; to declare what is a nuisance, and remove nuisances. They shall have full control and power over streets, lanes and alleys of the city, and remove obstructions therefrom, as is generally exercised by and granted to municipal 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 city, and to declare what act or thing shall be unlawful. Ashburn, city of, incorporated. Corporate powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the city of Ashburn, as enacted by this Act, shall be as follows, to wit: Commencing at a point where the Georgia, Southern and Florida Railway depot in said city is now situated, and extending one mile south from said point, and one mile north of said point, three-quarters of a mile east of said point and three-quarters of a mile west of said point, so that the boundary line of said city of Ashburn shall be east and west one and one-half miles, north and south two miles. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the government of said city of Ashburn shall be vested in a city council composed of a mayor and five aldermen. The present mayor and councilmen of the city of Ashburn shall continue of office until the expiration of the term for which they were elected and until their successors and associates shall have and execute all rights, powers and duties thereby conferred on the city council of the city of Ashburn, created by this Act; and all the ordinances, rules and regulations of the old corporation of the city of Ashburn, not repugnant to this charter, are continued in full force and effect until the same are repealed, annulled, amended, changed or modified by the city council of Ashburn; and all officers elected or appointed by the mayor and councilmen of the old corporation of the city of Ashburn 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 Page 511 are elected, unless sooner suspended, removed or discharged by the city of Ashburn. Mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Thursday of December, 1906, the same being the regular annual municipal election, an election shall be held for mayor and five aldermen; the mayor and two aldermen shall be elected for a term of two years, and three aldermen 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. That if a vacancy occurs in the office of mayor or alderman by removal, resignation or death the city council themselves shall select and elect some proper person for said vacancy and by resolution declare him chosen to fill the vacancy. Elections. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or aldermen unless he be a citizen of said city, a freeholder and taxpayer in said city, and who shall have resided in the State two years and in the city twelve months, immediately preceding his election, and who is a qualified voter in municipal elections for officers of said city, and entitled to register under the registration laws in force in this State. Mayor and aldermen, qualifications. SEC. 6. Be it further 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 ordinance adopted or enacted by the council, which veto must be filed with the clerk in writing, together with his reason therefor, within four days after their action on said measure, and be entered of record on the minutes of council; and said measure shall not be effectual unless passed over said veto by a vote of two-thirds of council at the first or second regular meeting of council after said veto, and not thereafter; provided, however, that within two days after said veto power is exercised the mayor, or mayor pro tem., as the case may be, shall call a special meeting of council, and if all the aldermen, or all save one of the aldermen, be present they may, in their discretion, then and there act on said measure so vetoed. Vote and veto of mayor. SEC. 7. Be it further enacted by the authority aforesaid, That during the sickness, absence or disqualification of the mayor, the mayor protem. 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 city council shall be clothed with all the Page 512 rights and privileges of the mayor, and shall perform the mayor's duties for the time being. Mayor pro tem. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and three aldermen shall constitute a quorum for the transaction of any business before the city council at its regular meeting, and that the mayor and three aldermen 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 city council. Said city 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 city, and shall hold such meetings as may be ordered by the mayor, or, in 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 city 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 and meetings of council. SEC. 9. 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 city and the common interest thereof, which oath shall be entered of record upon the minutes of council. Oath of mayor and aldermen. SEC. 10. Be it further enacted by the authority aforesaid, That every male citizen of the city of Ashburn, 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 Turner, and three months within the corporate limits of the city of Ashburn, next preceding the election, and who is a legally registered voter under the laws of said city, and who shall have paid all taxes which may have been required of him by said city, and which he may have had an opportunity to pay agreeably to law, and the payment of all fines, licenses and business taxes required of him by said city, shall be qualified to vote at any election held in the city of Ashburn for any purpose whatever. Electors. SEC. 11. Be it further 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 Page 513 of the city of Ashburn, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, all of whom reside in the city of Ashburn, and each of said managers, before entering upon his duties shall take and subscribe before some competent officer, or before one of their number, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, to the best of our skill and power; so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally-sheets. All elections shall be held at the city hall or council chamber in said city, and shall be by ballot. The polls shall open at seven o'clock a.m. and close at three o'clock p.m. Persons receiving the highest number of votes cast for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be chosen by the city council, who shall provide for the pay of managers and their clerks; provided, however, that if the managers as chosen fail to act, then the mayor, or mayor pro tem., shall appoint other managers. So far as possible all the provisions of this charter on the subject of elections shall apply to primary elections held in said city. Managers of elections. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and council shall provide, by ordinance, for the registration of all voters in said city, for the punishment for illegal registration, when said book shall be opened, by whom kept, and when closed. Registration of voters. SEC. 13. Be it further enacted by the authority aforesaid, That in case the managers of any election shall have any reasonable doubt as to the qualification 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 Ashburn, and have paid all taxes legally required of you by said city of Ashburn; so help you God. Oath of voters if challenged. SEC. 14. Be it further enacted by the authority aforesaid, That any person voting illegally at any election herein provided for, or at any primary election held in said city, shall be guilty of a misdemeanor, and be punished as prescribed in section 1039 of the Code of Georgia. Illegal voting. Page 514 SEC. 15. Be it further enacted by the authority aforesaid, That the city clerk, or if the clerk of the city council shall be sick or absent, then some person appointed by the city council, shall open at the clerk's office, or at the council chamber, or at such other place as may be designated by the city council for that purpose, on the first Monday in 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 registering his name, shall in each case subscribe before the clerk, or such other person in charge of said registration list, the following oath, said clerk or other person being hereby authorized to administer said oath, to 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 three months, and that you have paid all legal taxes and assessments required of you by the authorities of said city; so help you God, and the said city clerk, or other person in charge, shall furnish the managers of said election with a copy of said list, made out in alphabetical order, as soon as the polls are opened, and failing to comply with any of the provisions of this Act, he shall be punished as the council may prescribe. Registration list of voters. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have full power and authority to provide by ordinance or ordinances for the mode and manner of contesting elections for mayor and aldermen of said city, how and by whom heard, and by what means and practice said contest shall be moved from one court to another, and may provide any and all necessary rules and ordinances for a fair investigation of any contest which are not inconsistent with the Constitution and laws of this State. Contested elections. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city are hereby authorized and empowered to elect for said city annually, and for the 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, Page 515 city physician, recorder, city attorney and tax-assessor, 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 city council shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the mayor and city council at any time they see fit to make such suspension, removal or dismissal, and no officer so dismissed or removed, 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 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 held after the election of said mayor and aldermen, or so soon thereafter as possible. City officers SEC. 18. Be it further enacted by the authority aforesaid, That on or before the second Thursday of December 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 second Thursday of December of each year. Mayor and aldermen, terms of office. SEC. 19. Be it further enacted by the authority aforesaid, That a shall be the duty of the city clerk to collect and keep, subject to the direction of the city council, all moneys due and belonging to the city, except as hereinafter otherwise provided; to be the custodian of the books and records of the city; to attend and preserve a minute of all the acts and doings of each meeting of the city council; to be ex-officio clerk of the police court of said city, and to perform all the duties usually required of a clerk of a court of 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 so perform such other duties as are required of him by this Act, and which may be required of him from time to time by the city council. Before entering upon the duties of his office the city clerk shall execute such bond, with good security in an approved security company (the premiums to be paid by the city), conditioned upon the faithful discharge of his duties, in such sum as may be required of him by the city council. He shall make quarterly reports to the city council of all receipts and disbursements in detail, and each of said reports shall be published in a newspaper in said city. He shall also make to the council an annual Page 516 report. He shall cause to be published in some newspaper published in said city a full report of all council meetings. Clerk, duties of. SEC. 20. 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 entires 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 city, 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 city. The duties of the treasurer are such as are usually or which may be required of him by the ordinances of said city and this section. Before entering upon his duties, he shall take an oath 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 city 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 city council to do so. The office of city clerk and city treasurer may be consolidated, in the discretion of the city council. Treasurer, duties of. SEC. 21. Be it further enacted by the authority aforesaid, That at the first regular meeting in each year of the new city council they shall elect some competent attorney of the city of Ashburn 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 so to do by the mayor or other presiding officer of the police court; to make an annual report to council of his official acts and doings, and to perform such other duties incident to his office as may be required of him by the proper authority. City attorney. SEC. 22. Be it further enacted by the authority aforesaid, That all other officers elected or appointed by the city 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 city council, and to otherwise conform to all requirements made by city council governing such office. Oath and bonds of officers. Page 517 SEC. 23. Be it further enacted by the authority aforesaid, That the said mayor and city council shall have the right and power in order to raise necessary revenue to properly carry on the government of said city, to build sewers, procure water supplies, to make, open, grade, repair and keep in order the streets and bridges of said city, to light the same, to properly police the same, to pay salaries, costs and expenses of the city officers and employees, to establish 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 city, 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 city and the citizens thereof, and for the natural improvement of said city, as may in their best judgment be necessary, and for all other purposes in order to properly carry on the city 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 city subject under the law to pay such tax, also a tax not to exceed one per cent. on all the property within the corporate limits of said city, 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 city 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 city, 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 city. 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 city, immediately Page 518 after the sale of the same, and to pay a sum in the discretion of said mayor and city council as a tax thereon, shall forfeit and pay a sum in the discretion of the mayor and city council, not exceeding one hundred dollars, for which execution may issue, and be collected as other executions of said city 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 city 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 city council to enforce the collection of such taxes. Taxation. SEC. 24. Be it further enacted by the authority aforesaid, That at the first meeting of each year after the newly-elected aldermen qualify, or as soon thereafter as practicable, the city council shall elect three freeholders of said city as tax assessors, whose duty it shall be to receive the tax-returns of said city on property. Said tax-assessors shall hold their office for one year. All vacancies occurring on said board shall be filled by the city council. Said assessors, before entering on the discharge of their duties, shall take and subscribe to an oath to faithfully and fearlessly perform the duties of their office. Tax assessors. SEC. 25. Be it further enacted by the authority aforesaid, That it shall be the duty of every citizen and property owner, and they are hereby required, to make annual returns under oath to said board of tax-assessors within the time prescribed by said assessors, of a full and complete schedule of all their taxable property held in their own rights and in behalf of others; and in case any person shall fail or refuse to make such returns, or shall make any return deemed by the board of assessors incorrect, said board of assessors shall assess the property of such person and fix such value thereon as they may deem correct and just. A majority of said board of assessors shall constitute a quorum. It shall be the duty of said assessors to scrutinize carefully each and every return made by any taxpayer to said city, and if in their judgment they find the property embraced in the return, or any part of the return, to be below the market value of the property, or the return is incomplete or incorrect, said assessors shall give such property-owner, or his agent, a notice to show cause before them at a certain time and place why said valuation should not be raised and said return corrected, and notice throughout the mails shall be deemed sufficient notice. After said hearing is had, or the time fixed for the hearing has expired, said board may alter Page 519 the assessment or not, as they deem just and right. In all cases the decision of said assessors shall be final. Tax returns. SEC. 26. Be it further enacted by the authority aforesaid, That all property not returned for taxation during March and April of each year shall be double-taxed; provided, however, that the board of tax-assessors shall have power, in their discretion, under such rules and regulations as they may prescribe, to relieve against the double-tax for good cause shown. Defaulters. SEC. 27. Be it further enacted by the authority aforesaid, That the city council shall, early in each year, fix a time for the valuation of property for taxation, and in the absence of a time fixed by said city council, the first day of March in each year shall be the time for valuation of property for taxation. Time of valuation. SEC. 28. Be it further enacted by the authority aforesaid, That in case any property which is subject to taxation was not assessed by the tax-assessors, or returned for taxation, or for any reason has not been assessed for taxation and taxes collected thereon, in any year there 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, or was not returned for taxation and taxes collected thereon, as well as to property which, in future, may be omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year; and assessments may be made and executions issued therefor hereunder as well for years prior to the passage of this Act as hereafter. The city council shall provide by ordinances, when they shall be necessary, for the full carrying into effect this section. Back taxes SEC. 29. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power and authority to widen, extend or straighten any street, alley, laneway or square in said city, and to open, lay out and establish any new street, alley, laneway, walk or square, any building, any bridge, laneway, walk or square or whatever nature, same being done in accordance with resolutions or ordinances passed by said city council. After ten days' notice to the party at interest said mayor and city 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 Page 520 street, alley, laneway, walk or square in said city, 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 city 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 city and the owners of said property, there shall be appointed three arbitrators, one by the mayor and city 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 by 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 Turner 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 Turner 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 Turner 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 city 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 city of Ashburn is not dissatisfied with said award, it shall pay to the clerk of the superior court the amount so found to be due by said arbitrators. If the city 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, Page 521 and the city of Ashburn 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, when he 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 Turner county. But the city of Ashburn 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 city council should consider that the sum found to be due would, in their judgment, make said lands so sought to be condemned too expensive to said city. But in such event said city shall pay all costs of said award. Streets, etc. SEC. 30. Be it further enacted by the authority aforesaid, That the mayor and city council shall have full power and authority, in their discretion, to grade, pave, macadamize, drain or otherwise improve the sidewalks of said city. In order to carry into effect the authority above delegated, the city council shall have power and authority to assess not more than one-half of the cost of paving and otherwise improving the sidewalks on the real estate abutting on the side of the sidewalks so improved, and any railroad company having tracks running in and over, along and across the streets, lanes, walks or squares of said city shall have to pave, macadamize or otherwise improve said streets, lands, alleys, walks or squares of said city, also their roadbeds and rights-of-way and proportions as the city council may prescribe. Said city 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 amount 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 said ordinance. That the amount of assessment on each piece of realty shall be a lien thereon from the date of the passage of the ordinance providing for the work and making the assessment. The city council shall have full power and authority to enforce collection for the amount of any assessment so made for work upon the sidewalks, streets, lanes, parks and squares, by execution issued by the city clerk against the owner at the date of the ordinance making such assessment, which execution may be levied by the chief of police, marshal, other collecting officers or their deputies, on such real estate, and after advertising and other proceeding, the same shall Page 522 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 Turner 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 city 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-holder 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, sidewalk paving, street paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to lines for taxes, such lien to date from the time of the passage of the ordinance authorizing the execution of the work done in each case. Said city council shall have power and authority to prescribe by ordinance and such other rules and regulations as they may, in their discretion, think necessary, to grade, pave, drain, macadamize or curb the streets and sidewalks of said city; 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. Assessments for street improvements. SEC. 31. Be it further enacted by the authority aforesaid, That said city 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 of said city, on such terms and conditions as said city council may fix. Franchises. SEC. 32. Be it further enacted by the authority aforesaid, That said city council shall have full power and authority to establish a fee bill for the officers of said city, not higher than the fees allowed the county officers, nor lower than those allowed justices of the peace and constables of this State. Said city council shall have power and authority, in their discretion, to allow said fees Page 523 to the officers of said city, or to place the same in the treasury of said city and pay the officers a straight salary for their services. Fees of officers. SEC. 33. Be it further enacted by the authority aforesaid, That the city council shall have authority to employ an expert accountant on accounts to inspect the books of any officer or employee of the city at any time they may see fit to do so, and pay for the services of such accountant so employed such amounts as to them seem proper. Expert accountant. SEC. 34. Be it further enacted by the authority aforesaid, That all writs, processes, subp[oelig]nas, summons, rules of all kinds, warrants, all executions for any and all kinds of taxes, license, fines and assessments and forfeitures, or demands made by the city of its corporate authorities against any person, firm, company or corporation whatsoever, shall be issued and signed by the city 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 other deputies of said city, 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. SEC. 35. Be it further enacted by the authority aforesaid, That the mayor and city council are hereby vested with powers to establish fire limits in said city and to prohibit the erection of any wooden buildings or structures as will, in the opinion of said mayor and city council, increase the fire risks in such part or parts of the city of Ashburn 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 stove-pipes, 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 city council shall have supervision and control of all warehouses, cotton-presses, cotton-gins, cotton and lumber yards and naval stores, yards, and other places in said city 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 city council shall have power and authority to remove any forge, smithshop, or the structure within the city whenever, in their discretion, it shall be necessary for protection against Page 524 fire, and shall have the power to cause any stove-pipe, or any other thing or matter that will endanger the city 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 at cost of owner, 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 city, or any portion of the inhabitants thereof, or 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 city; and whenever in their opinion it is necessary to burn any property, clothing or whatever else to prevent the introduction or spread of infectious disease, 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 policeman or marshal, 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 city of Ashburn, 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 SEC. 36. Be it further enacted by the authority aforesaid, That the mayor and city council shall have full power and authority to care for, and make any and all necessary repairs to the cemetery of said city, 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 provide for the burial of the dead therein, and may sell and grant by deed to persons who 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 cemetery 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. Page 525 SEC. 37. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to establish 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 spreading of contagious or infectious diseases within said city, and that in order to more fully exercise this authority, said mayor and city council are hereby given quarantine jurisdiction over all of the area embraced within the jurisdictional limits, either in said county of Turner, in this State, and anywhere within these limits, either in said city or county, may establish, locate and change at pleasure, either permanent or temporary quarantine grounds, or pest-houses, 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 29 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 [Illegible Text] 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 rigid quarantine shall not be laid and established except by the consent of the mayor and city council. And the board of health of said city, if there be such a board, but if there be no such board, then the city council shall have full power to establish such quarantine by and with the advice of the health officer of said city. No State board of health that now is or that 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 city council shall have full authority to punish any violations of the quarantine rules and regulations of said city committed anywhere within said area, Page 526 and said mayor and city council may, by resolution, adopt any regulation recommended by the city 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 city and within said entire area, when it shall so recite. Quarantine and sanitation. SEC. 38. Be it further enacted by the authority aforesaid, That said mayor and city 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 or unoccupied lots and places within said city 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 city 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 when executions are issued by the city for constructing, paving or otherwise improving the streets and sidewalks in said city. Nuisances. SEC. 39. Be it further enacted by the authority aforesaid, That the mayor and city 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 the city council shall prescribe, and whose duty and compensation shall be prescribed and regulated by rules, regulations and ordinances of said city council. Said mayor and city council shall also have power and authority at any regular or called meeting to elect a board of health, to consist of five members, for such term as the city 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 city, and shall take and subscribe to such oath and obligation as shall be prescribed and required of them by the said city council. Said city council shall define, declare and regulate by ordinances and resolutions Page 527 the duties and powers of said board of health, not inconsistent with the laws of the State of Georgia. Board of health. SEC. 40. Be it further enacted by the authority aforesaid, That the mayor and city 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 city or the county of Turner, 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 city council discretionary to remove all of said sick persons to the hospital above declared. The mayor and city council shall have power and authority to declare by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said city of Ashburn and within one mile of the corporate limits of said city, and for this purpose said city 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 city, whether they be permanent residents or not of said city, and said mayor and city council shall provide in said ordinance 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 ordinance, rules and regulations shall, upon conviction, be fined not more than one hundred dollars and cost, or imprisonment in the common jail, or such other place of confinement as the mayor and city council may direct. Hospitals and quarantine. SEC. 41. Be it further enacted by the authority aforesaid, That the mayor and city council shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the city of Ashburn, 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 of said city, 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 city. General welfare. SEC. 42. 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 city; provided, the license fee Page 528 for retailing spirituous liquors, wines or malt liquors shall not be less than twenty-five 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 bondsman 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. License to manufacture or sell liquor, etc. SEC. 43. Be it further enacted by the authority aforesaid, That the said mayor and city council shall have power and authority to compel all male persons (except such as are specially exempt under the law) within the corporate limits of said city, between the ages of sixteen and fifty years, to work on the public streets, squares, lanes and alleys of said city not more than fifteen days during each year. Said mayor and city 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 city authorized to receive and receipt for the same such commutation tax as may be fixed by city council; provided, however, that in no event, whether city council shall declare for a direct street tax or for a commutation tax in lieu of working the streets, shall the amount exceed the amount of five dollars a year. Street work and commutation tax. SEC. 44. Be it further enacted by the authority aforesaid, That said mayor and city council shall have power and authority to license and control all billiard and 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 city, and to remove the same whenever they become a nuisance. Also to assess and collect a business tax on all shows, circuses, exhibitions and performances of any and all kinds; also to license, regulate and control all livery stables, drays, wagons, carts, and all pleasure vehicles of whatever kind within said city, and the mayor and city council shall have power and control over all wells and pumps and all waterworks, fire companies and engines within said city. Licenses for places of amusement, etc. SEC. 45. Be it further enacted by the authority aforesaid, That the mayor of said city shall have power and authority to hold court at such time and place in said city as he or the city council Page 529 may appoint for the trial of offenses committed against the bylaws, rules, regulations and ordinances of said city, and for such violations to punish by fines not to exceed one hundred dollars, imprisonment in the guard-house of said city or the common jail of Turner county, not to exceed thirty days, work on the chaingang or public works, streets, alleys and so forth, of said city (or if said city has no chain-gang, then on any chain-gang under control of the authorities of Turner 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 city 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 city. Said warrants may be served by the police or marshal of said city, 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 city. Offenders so arrested may be carried before the mayor, and if there is a 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 Turner county to answer to the charge in any court of competent jurisdiction; provided, that if said offense is one that is bailable by justice 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 him over or commit said accused for said penal offense. Judicial and punative powers of mayor. SEC. 46. Be it further enacted by the authority aforesaid, That the mayor and city council of Ashburn 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 city 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. Work-gangs. SEC. 47. 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 city council; provided, the appeal be entered within four days after the judgment complained of is pronounced; and provided further, the defendant pays all accrued costs in the case and gives bond to abide the final judgment of the case in a sum not to exceed two hundred Page 530 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 city 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 city 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 in the superior court of Turner county, and shall be governed and controlled by the laws of this State governing all certioraries to higher courts. Appeals from police court. SEC. 48. 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 courts, 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 city, or by a fine not to exceed twenty-five dollars, and it is further provided that the city 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 city, collected as other executions of said city are levied and collected. Powers of police court. SEC. 49. Be it further enacted by the authority aforesaid, That should the mayor or any member of the city 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 Turner county, who shall issue rule nisi thereupon requiring the said offending officer 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 Page 531 is hereby granted power and authority to hear testimony and pass upon the said rule, and may in his discretion remove the officer therein charged, and declare the office vacant, and his judgment shall be final. Malpractice of mayor or alderman. SEC. 50. Be it further enacted by the authority aforesaid, That the mayor and city council shall have power and authority to prevent cattle, horses, mules, goats, hogs, dogs or other animals from going at large in said city, and to take up and impound any such animals running at large in said city, and to pass and enforce all rules, regulations and ordinances which they may deemnecessary and proper for the regulation and control and prevention of all such animals in said city running at large, and they shall have authority to have any dog running at large without a badge killed. Concerning animals. SEC. 51. Be it further enacted by the authority aforesaid, That all executions issued by the clerk of council of Ashburn shall be directed to the policeman and marshal of said city, 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 sheriff's sales of real property or constable's 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 sheriff's and constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due shall be the same as provided by law for sales under executions for State and county taxes. Whenever any land is sold the owner 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 did 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 city of Ashburn may bid off such property for the city, and the marshal or other officer making the sale shall make the city of Ashburn a deed to the property so sold, and deliver the same, and the title thus acquired by the city shall be perfect and valid after the period provided for the redemption by the owner shall have expired, and the marshal or other officer Page 532 making the sale shall put the city in possession, and the mayor and city council shall have no right to divert or alienate the title of the city 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 city. 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 city 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 in case of illegality, or claim filed in 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 city of Ashburn shall have priority over property within the corporate limits of the city over all other executions and judgments except those for State and county taxes. Executions, how issued and enforced. SEC. 52. Be it further enacted by the authority aforesaid, That whenever a person is arrested under the provisions of authority of this Act 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 city 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 city, 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 superior in dignity to all judgments in this State rendered after the date of such judgment or forfeiture. Appearance bonds. SEC. 53. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the mayor and council of Ashburn are hereby authorized and empowered to submit to the Page 533 qualified voters of said city 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 one hundred thousand dollars, and to be held for the purpose of establishing, building, maintaining and operating a system of electric lights, public school building, city hall, city jail, a system of waterworks and sewerage, one or all systems for said city of Ashburn, 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 city hall and bonds or Against city jail 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 whatever the question is submitted, as bonds for the electric lights, public school buildings, city hall, city jail, waterworks or waterworks and sewerage, or for all, as may be deemed most advisable by the mayor and the city council of said city. Municipal bonds. (a) Should said election or elections herein provided for result in favor of electric lights, public school buildings, city hall, city jail, waterworks or waterworks and sewerage, or all, as the case may be, then the mayor and city council of Ashburn shall be, and they are, hereby authorized to issue said bonds for said purpose in a sum not to exceed one hundred thousand dollars in the aggregate, each of said bonds to be issued to be in such sums as said mayor and city council may determine, said bonds to be payable in thirty years, but the interest on said bonds to be paid annually. Bond issue, (b) Said bonds shall be officially signed by the mayor and clerk of Ashburn under its corporate seal, and shall be sold, hypothecated or disposed of to the very best advantage of said city of Ashburn, as may be determined by said mayor and city council of Ashburn, and the proceeds thereof shall be used exclusively for the purpose of establishing, building, maintaining and operating either a system of electric lights, public school buildings, city hall, city jail, waterworks or waterworks and sewerage, or all, as the case may be, for said city. Bonds, how signed and sold. (c) The mayor and city council of said city shall have full power and authority to make any and all rules, regulations and ordinances relative to said electric lights, public school buildings, city hall, city jail, waterworks, or waterworks and sewerage, and Page 534 the use of same by the citizens of said city that they may deem right and proper not in conflict with the laws of this State. Control of public utilities. (d) Said mayor and city council are hereby authorized and empowered to charge the citizens of said city such sums as they, the said mayor and city council, may deem just and proper for the use of said lights, waterworks and sewerage. Charges for lights, etc. (e) The mayor and city 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 city 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 to pay interest on bonds and for sinking fund. (f) The principals of said bonds, when they shall become due, and the coupons or interest warrants on the same shall be receivable by the city of Ashburn in payment of all dues to said city, and said bonds shall not be taxable, directly or indirectly, by the city of Ashburn. Bonds non-taxable. (g) Be it further enacted, That if the election herein provided for either electric lights, public school buildings, city hall, city jail, 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 notice and make the application for confirmation and validation of said bonds as provided in sections 1 to 9 of the Act of the Georgia Legislature approved December 6, 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 city council of Ashburn may, at their own instance, and shall on the application of any fifteen freeholders of said city 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 two months; and provided further, that said mayor and city council shall call an election for a vote only as to the lights, public school buildings, city hall, city jail, 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 they may deem proper to vote to establishing the other system; provided, that the aggregate of all bonds shall not exceed the amount of one hundred thousand dollars, the amount herein provided for. Elections for bonds. Page 535 SEC. 54. Be it further enacted by the authority aforesaid, That the city council of Ashburn 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 city of Ashburn, Turner county, Georgia; provided, however, that before a local tax can be levied and collected as herein provided for public schools, the mayor and city council of their own motion, or when requested to do so in writing by fifteen freeholders of said city, shall call and advertise an election in a newspaper published in said city once a week for four weeks, to be held at the same place as other elections are held in said city, at which elections 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 elections 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 city council are authorized and empowered to call another election for such purpose at any time, provided a period of two months shall intervene between each election. Public schools. SEC. 55. Be it further enacted by the authority aforesaid, That there shall be a board of education for said city under the corporate name of the Ashburn 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 seven members to be elected by the qualified voters of said city. At the first election four 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 on the first Thursday in December in each year, and the term of members elected after said first election shall be for a term of two years. All vacancies on the board of education shall be filled by the board 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 Page 536 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 of alderman of said city. 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. 56. Be it further enacted by the authority aforesaid, That the officers of the said board of education shall be a president, vice-president, secretary and treasurer, and such other officers as the board of education may deem advisable. The secretary and treasurer each 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 secretary or treasurer, and the proceeds of said suit shall be applied to the public schools of said city. Said secretary and treasurer shall pay out no moneys except by orders of the board. Their office shall be for one year and until their successor is elected and qualified. Officers of board. SEC. 57. 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 city, 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 city council of Ashburn. System of public schools. SEC. 58. Be it further enacted by the authority aforesaid, That 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 city council, or any other interested citizen of said city. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in Page 537 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 schools; they shall have the right to remove or suspend such teachers and superintendent whenever in the discretion of the members of said board they may deem such action to be for the interest of said 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 appliances of every kind for the use of said schools, and do any and all other acts which they may deem best to promote the best educational interest of said city, not in conflict with State laws. Board, proceedings, regulations, etc. SEC. 59. 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 city. Donations to schools. SEC. 60. 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 same for school purposes. The title of all such property shall be in the corporation of the city of Ashburn. Schoolhouses. SEC. 61. 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 Ashburn, or any interested citizen of said city. The members of said board shall be personally liable to the corporation of Ashburn 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. Receipts and disbursements of board. SEC. 62. Be it further enacted by the authority aforesaid, That said board shall annually make report to the mayor 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 vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said Page 538 schools for the ensuing year, and like reports shall be furnishd at any time by said board to said mayor and council when so requested. Reports of board. SEC. 63. Be it further enacted by the authority aforesaid, That the terms of the officers of said board shall be one year, and no officer shall have any compensation for his 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, fifty dollars per annum; provided, however, that said board by unanimous 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. 64. 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 city council of Ashburn shall be authorized and empowered to assess, levy and collect a tax, not to exceed one per cent. per annum; that is to say, ten dollars on every thousand dollars of property, on all the taxable property of every kind whatever in said city, which said school tax shall be used solely and exclusively for the purpose of establishing and maintaining said schools; and providing further, that it shall be lawful in the sound discretion and best judgment and with consent and concurrent approbation of the mayor and city 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 one dollar per month. School tax. SEC. 65. Be it further enacted by the authority aforesaid, That all school children between the ages of six and eighteen years who are bona fide residents of said city, 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 study 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 city 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. School children. SEC. 66. 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 Page 539 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 city council, and when the taxes for such purpose is levied and collected, the collecting officer of said city shall pay over the same to the treasurer of said board of education. Said taxes shall be collected and assessed as the other taxes of said city are. Said taxes to be paid out under order of the said board, under such regulations and requirements as they shall provide. School fund. SEC. 67. Be it further enacted by the authority aforesaid, That the board of education of Turner 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 city of Ashburn, 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 Ashburn. No other public school. SEC. 68. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia shall pay over to the board of education of Ashburn the pro rata share of the State school fund to which said city is entitled, according to the number of children of school age residing within the corporate limits of the city of Ashburn, increased by the number of children of school age residing without the limits of said city, but residing within the limits of Turner county who attend such school. For each child of school age residing within the corporate limits in Turner county, but attending said public schools of Ashburn, the city of Ashburn 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 Turner. The amount 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 Ashburn. 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 residing in the county of Turner who attend said public schools in said county. The board of education may admit the children of non-residents upon such terms as to them may seem reasonable and just. Pro rata share of State school fund. SEC. 69. 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 city of Ashburn kept separate and distinct from other assessments and collections of said city, and are to be used solely for the purposes Page 540 herein designated; and the mayor and city 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 purposes paid out. School fund. SEC. 70. Be it further enacted by the authority aforesaid, That sections 696, 698, 699, 702, 704, 705, 707, 712, 713, 714, 715, 716, 723, 725, 727, 728, 729, 730, 733, 734, 735, 740, 741, 742 and 744 of the first volume of the Code of Georgia shall be of force and effect as to law in relation to the city of Ashburn and included in this charter as if set out in detail herein, except in so far as they conflict with what is herein otherwise enacted. General law. SEC. 71. 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 city of Ashburn and now constituting the present charter of said city, 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. Approved August 26, 1906. AUBURN, TOWN OF, CHARTER AMENDED. No. 381. An Act to amend an Act approved December 4, 1893, entitled An Act to incorporate the town of Auburn, in Gwinnett county; to create the office of mayor and councilmen, and to declare and define the duties of the same, and to prohibit the sale of all malt, vinous or intoxicating liquors therein, and for other purposes, by striking the word January in the second line of section three (3) of said Act, and inserting in lieu thereof the word November; also by striking the words within twenty days after his election or appointment, and in the ninth and tenth lines of said section; also by adding at the end of said section the following words: The terms of the mayor and councilmen so elected shall begin on the first day of January of each year following said election, so that said section when so amended shall read as follows: Page 541 Sec. 3. Be it further enacted, The first election of officers under this Act shall be on the second Monday in November, 1894, and annually thereafter, without further notice, on the second Monday of November of each year, at the council room, under such rules, supervisions and regulations not inconsistent with the laws and regulations of county elections, as the council may prescribe. Such elections to be evidenced by the certificate of the managers entered on the record of the town, and every person elected or appointed to an office in said corporation shall, before he shall enter upon the duties of his office, take and subscribe the oath of office, which may be done before any person authorized by law to administer oaths, or before the mayor of said town, which oath, with the certificate of the officer administering the same, shall be entered on the records of the town. The terms of the mayor and councilmen so elected shall begin on the first day of January of each year following said election. Auburn, town of, election of officers. Sec. 4. Be it futher enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. BAXLEY, CITY OF, CHARTER AMENDED. No. 614. An Act to amend an Act approved July 29, 1904, to wit: An Act to amend an Act approved December 22, 1896, entitled `An Act to amend the charter of the city of Baxley, approved February 23, 1875, and provide for the government of said city, and all Acts amendatory thereof, and for other purposes,' by changing the maximum street-tax from three dollars ($3.00) to four dollars ($4.00) per annum, 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 the word three in the seventh line of said section and inserting in lieu thereof the word four, so that said section when so amended shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, Page 542 and it is hereby enacted by the authority of the same, That the above-recited Act be, and the same is, hereby amended by striking section 16 of said Act and inserting in lieu thereof the following: `That all persons living within said city of Baxley who are subject to road duty shall be subject to a street-tax not to exceed four dollars ($4.00) per annum, which shall be paid to the marshal at such time or times as may be designated by the mayor and council. The said mayor and council shall have published, by posting at the council door or in a newspaper published in said city, every six months, a record of all money collected for the preceding six months for street purposes and the amounts paid out, to whom and what for; that the said mayor and council shall also annually, in the manner above recited, publish a statement of all receipts from special and ad valorem taxes for the preceding year, with the expenditures for the same period, to whom paid, and what for.' Baxley, city of, street tax and financial statements. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. BLAKELY, TOWN OF, DISPENSARY LAW AMENDED. No. 580. An Act to amend an Act entitled An Act to establish, maintain and regulate a dispensary in the town of Blakely, Early county, Georgia, for the sale of ardent spirits, malt liquors, wines, cider, and other intoxicants, and to establish and perpetuate a board of commissioners for the management of said dispensary, so as to change the commissioners of the dispensary, the method of 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 aboverecited Act, which was approved December 16, 1897, be, and it is hereby amended in the following respects, first, by striking out the words of section 1 of said Act and substituting in lieu thereof the following words, to wit: There shall be a body politic which shall be a body corporate known as the board of commissioners of the dispensary of Blakely, the members of which shall remain in office until their successors are elected and qualified as hereinafter provided. Said board shall consist of four discreet Page 543 citizens of Early county, namely, E. Hilton, J. W. Fort, R. W. Davis, Earnest Alexander. Immediately after the passage of this Act the persons above named shall take charge of the dispensary and make such rules and regulations to govern the management of the dispensary as in their wisdom shall seem best, and which are not in the contravention of this Act. Blakely, dispensary commissioners. SEC. 2. The manager of the dispensary shall be Sidney Stucky, who shall have the right to employ an assistant or such help as shall actually be needed in operating the dispensary, and the salaries of said manager and assistant shall be fixed by the board. The secretary and treasurer of said dispensary shall be R. O. Waters, who shall receive such compensation as may be fixed by the board. Manager, secretary and treasurer. SEC. 3. Be it further enacted by the authority aforesaid, That the said commissioners shall each receive fifty dollars per annum for their services, to be paid quarterly by the secretary and treasurer of the dispensary out of any funds to the credit of the board of commissioners. Salary of commissioners. SEC. 4. Be it further enacted, That the secretary and treasurer of the board shall publish once a month in one of the newspapers of Early county the amount of sales of the dispensary, the amount purchased, the amount bought of each house, stating what house, and whether it be a wholesale or distillery, and the balance on hand to the credit of the dispensary. Publication of reports. SEC. 5. Be it further enacted by the authority aforesaid, That the persons designated as commissioners in this Act shall remain in office till their successors are elected and qualified, and the said board of commissioners shall hereafter be elected by the qualified voters of Early county at the same time, in the same manner and for the same term as the board of commissioners of roads and revenues of Early county are now elected. After their election they shall elect the manager and other officers and employees of the dispensary. Election of commissioners. SEC. 6. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 544 BLUE RIDGE, CITY OF, CHARTER AMENDED. No. 366. An Act to amend an Act approved December 13, 1900, entitled An Act to establish a new charter for the town of Blue Ridge, in Fannin county, Georgia; to change the name of said town of Blue Ridge to the city of Blue Ridge, and for other purposes, so as to repeal and strike from said Act, approved as aforesaid, section thirty-two (32), which section confers upon the mayor and council of the city of Blue Ridge the full and exclusive power to regulate the sale of intoxicating liquors and bitters in said city; to grant license or withhold them, etc., and so that after the passage of this Act the mayor and council of said city shall have no power or authority to regulate the sale of intoxicating liquors and bitters in said city through bar-rooms or otherwise, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the date of the passage of this Act, that section thirty-two (32) of an Act entitled An Act to establish a new charter for the town of Blue Ridge, in Fannin county, Georgia, approved December 13, 1900, be, and the same is, hereby repealed and stricken from said Act, approved as aforesaid, so that the mayor and council of the city of Blue Ridge, in the county of Fannin, said State, shall have no power or authority to regulate the sale of intoxicating liquors and bitters in said city through bar-rooms or otherwise, or to grant license for the sale thereof in the city of Blue Ridge. Blue Ridge, city of, sale of liquors, etc. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved July 27, 1906. Page 545 BOSTON, TOWN OF, CHARTER AMENDED. No. 556. An Act to amend an Act entitled An Act to incorporate the town of Boston, in the county of Thomas, in this State, approved November 25, 1893, and the several subsequent Acts amending the charter of said town; to make the office of town marshal elective by the people; to increase the number of aldermen from four to five; to change the official terms of the mayor, aldermen and marshal from one to two years; to enlarge the taxing power of the mayor and council, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act section 2 of the Act of the Legislature approved November 25, 1893, amending the charter of the town of Boston, in this State, be, and the same is, hereby amended by substituting the word five for the word four before the word aldermen in the third line of said section; and by striking out the word each in the fourth line of said section, and inserting in lieu thereof the words every second, and by adding after the word year in said fourth line of said section the following: at municipal elections to be held in said town biennially, counting from the second Monday in January in the year 1907, so that said section as amended will read as follows: Be it enacted, that from and after the passage of this Act, the government of said town of Boston shall vest in a mayor and five aldermen, who shall be elected on the second Monday in January of every second year at municipal elections to be held biennially after the second Monday in January, 1907, under the rules and regulations prescribed in section 1 of the Act of October 24, 1870, and in section 3 of the Act of December 20, 1899, providing for the registration of voters in said town. Boston, town of. Mayor and aldermen, election of. SEC. 2. Be it further enacted by the authority aforesaid, That section 2 of the Act of the Legislature of this State approved December 20, 1899, entitled An Act to amend the charter of the town of Boston, in this State, and be repealed and stricken out, and the following enacted in lieu thereof: Be it further enacted by the authority aforesaid, that from and after the expiration of the official term of the present town marshal of said town of Boston, the term of office of town marshal of said town of Page 546 Boston shall be two years. And in like manner the official terms of the mayor and five aldermen, who shall be elected at the next regular municipal election to be held in said town on the second Monday in January, 1907, shall be two years from the date of said election; and elections for mayor, aldermen and town marshal of said town shall be held biennially thereafter; and the mayor, aldermen and town marshal chosen at such election shall hold office for a term of two years, or until their successors have been elected and qualified. The biennial elections herein provided for shall be governed by the rules and regulations prescribed in the Act of the twenty-fourth of October, 1870, incorporating said town of Boston, and in section 3 of the Act of December 20, 1899, providing for the registration of voters in said town. Terms of office. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the mayor and council of said town of Boston shall have authority to order the holding of primary elections in said town for the purpose of selecting candidates to be voted for at the regular biennial elections for mayor, aldermen and marshal, and to prescribe by resolution or by ordinance the time and place for holding the same and the rules under which they are to be held; provided, however, that books for the registration of voters shall be kept open by the clerk of the council for at least thirty days next preceding the date of any primary election that may be ordered to be held; and that in other respects the provisions of section 3 of the Act of the twentieth of December, 1899, shall govern in the registration of voters and in the conduct of the primary elections herein provided for. Primary Elections. SEC. 4. Be it further enacted by the authority aforesaid, That section 2 of the Act of the Legislature of this State approved December 22, 1896, entitled An Act to amend the charter of the town of Boston and, be, and the same is, hereby amended by striking from the seventh line of said section the words five hundred and the figures 500, and by inserting in lieu thereof the words twenty-five hundred and the figures 2,500, and by striking out the words said duty in the thirteenth line of said section and inserting in lieu thereof the words labor on the streets, and by striking out all of said section after the word levy in the fourteenth line thereof and by substituting therefor the following: such tax, not to exceed five-tenths of one per cent. on all real and personal property within the limits of said town, as they may find necessary for the purpose of defraying the ordinary expenses of the town government; provided, however, that an additional tax not to exceed two and one-half mills on the total appraised value of all such real and personal property Page 547 may be levied annually; the proceeds of such additional tax to be set aside and applied exclusively to the payment of the annual interest, and to the extinguishment of the principal of any municipal bonds that may be hereafter issued by said town for the purpose of providing lights, waterworks and sewers for said town, or for either of said purposes, and as may be set out in the bonds so issued, so that said section when amended will read as follows: Be it further enacted, That said mayor and council shall have power to pass all ordinances necessary to regulate the liquor traffic within the limits of said town, but shall have no authority to grant any license for the sale of liquor for any sum less than $5,000 per annum, payable in advance; to license billiard and pool tables, but no license for such tables shall be granted for a less sum than $2,500 per annum, payable in advance; to impose and collect a tax on all bowling alleys, and on all shows that may be exhibited, and on all itinerants trading within said corporation. They shall also have power to levy a capitation tax of not more than four dollars on every person liable to street duty residing within the limits of said corporation, which tax shall be in lieu of labor on the streets. They shall also have power to levy and collect such tax not to exceed five-tenths of one per cent. on all real and personal property within the town, as they may find necessary to defray the ordinary expenses of the town government; provided, however, that an additional tax, not to exceed two and one-half mills on the dollar of the appraised value of all such real and personal property may be levied and collected annually for the purpose of paying the yearly interest and of extinguishing the principal of such municipal bonds as may be hereafter issued by said town in order to establish a system for lighting the streets thereof, or to construct waterworks and sewers therein, or for either or all of said purposes, but no part of the proceeds of such additional tax shall be used or applied in any other manner, or for any other purpose than as herein set out. Taxation. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 548 BREMEN, CITY OF, CHARTER AMENDED. No. 567. An Act to amend the charter of Bremen, Georgia, in the county of Haralson, approved December 30, 1898, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 3 of the new charter of Bremen, in Haralson county, Georgia, approved December 30, 1898, be amended by striking the words seven hundred in said section and inserting in lieu thereof the words fourteen hundred, and by striking from said section the words Buchanon street and inserting in lieu thereof the words, the Central of Georgia Railroad, so that said section 3 shall read as follows: Be it further enacted by the authority aforesaid, That the corporate limits of said city of Bremen shall extend fourteen hundred yards in every direction from where the Central of Georgia Railroad crosses the Southern Railroad in the city of Bremen, so as to make said corporate limits form a circle. Bremen, city of, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That said Act be amended by striking the word town wherever it occurs in said Act and inserting in lieu thereof the word city. City of Bremen. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. BROOKLET, TOWN OF, INCORPORATED. No. 543. An Act to incorporate the town of Brooklet, in Bulloch county, Georgia; to create a municipal government for said town of Brooklet; 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 Page 549 State of Georgia, and it is hereby enacted by the authority of the same, That the town of Brooklet, in the county of Bulloch, be, and the same is, hereby incorporated as a town under the name of Brooklet. Brooklet, town of. SEC. 2. Be it enacted by the authority aforesaid, That from and after the passage of this Act the incorporate limits of said town of Brooklet shall extend and embrace a radius of one-half a mile from the center of the town in every direction. That the nine-mile post on the Savannah and Statesboro railroad, as now located, be the center of the town. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the 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 Brooklet, 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 of the United States; 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 the courts of this State, and to be able in law to purchase, hold, receive, enjoy and preserve the sole use and benefit of said town of Brooklet any property, real or personal, in fee or for the lesser estate or for years within or without the corporate limits of said town of Brooklet, and to have and use a common seal. Mayor and councilmen. Corporate powers. SEC. 4. Be it further enacted, That on the first Wednesday in December, 1906, and annually thereafter, there shall be held in said town of Brooklet an election for mayor and councilmen, who shall hold their offices until their successors are elected and qualified at the first election and at all subsequent elections. All persons who have been bona fide residents of said town sixty days before the election who, before registering as hereinafter provided, have paid all taxes of every description legally imposed and demanded by authority of said town, who shall have 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 the said town of Brooklet, to wit: J. I. Lane, mayor; J. A. Page 550 Warnock, P. C. Waters, J. N. Shearouse, J. W. Robertson, H. K. Thayer, councilmen. Mayor and councilmen. SEC. 6. Be it further enacted, That the election for the 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 the superintendent of such election, then the election shall be held by three freeholders of said town, the freeholders to be appointed by the mayor of said town as superintendents of such election. 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 oaths to voters as to their qualifications to vote. The polls at said elections shall be open at 9 a.m. and shall be closed at 4 p.m. The superintendents of such 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, keep at least two tally-sheets of the same, and shall duly declare the result of such 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 the tally-sheets, same having first been duly certified by the 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 hereinafter be fixed at a different amount by the said council. The mayor shall within ten days qualify by taking the 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 oath of the mayor and the 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 Page 551 qualified to hold the office of mayor or councilman who is not a qualified voter at the election. Superintendents of election. SEC. 7. Be it further enacted, That in the event of a 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 the town. In case the office of mayor is vacant, the call for an 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 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, and 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 Brooklet, in which he shall register upon application the names of all male persons who shall make and subscribe the following oath: I do solemnly swear that I am a citizen of the United States; that I have resided in Georgia twelve months, and that on the first Wednesday in December next I will have been a bona fide resident of the town of Brooklet sixty days; that I am twenty-one years old, and that I 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. Clerk. SEC. 11. Be it enacted, That any person voting at the election for said town who is not a qualified voter according to the provisions of this charter shall be guilty of a misdemeanor and shall Page 552 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 councilmen unless he is twenty-one years of age, a citizen of the United States and of the State of Georgia, and he has resided in the town of Brooklet six months previous to the election and is a freeholder. Mayor and councilmen, qualifications of. 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 the term of their office. Compensation. 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 may enact; provided, the 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 Brooklet 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 limits of the said town of Brooklet for the purposes 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 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 such double-tax. Taxation. Page 553 SEC. 16. Be it enacted, That the mayor and council of Brooklet shall have the authority to fix annually the time for the return of the property for taxation, and also fix the time for the payment of the taxes provided in this Act. Notice of said dates shall be given for two weeks before thereto by posting written notices thereof in three or more public places in said town, which notices shall give the date when the tax-books will close. Tax returns. SEC. 17. Be it enacted, That the tax lien is hereby established on 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 for taxes. SEC. 18. Be it enacted, That the mayor and council of Brooklet shall have the power and authority to fix the amount of license and to issue license for and to regulate and control all hotels, restaurants, boarding-houses, livery-stables, hacks, drays, auctioneers, peddlers, itinerant traders, and venders of all and every 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, refreshments and cold drink stands, beef-markets, and every other establishment, business, calling and vocation not heretofore mentioned which, under the laws of Georgia, may be subject to taxation. Licenses. SEC. 19. Be it enacted, That the mayor and council may prescribe by ordinance penalties for the violation of the ordinances enacted under and by virtue of the powers given under and by virtue of 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 Brooklet 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 three dollars per annum for 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 Page 554 town marshal. Any person failing or refusing to pay said street-tax, or to work on the streets in lieu thereof, may after three days' written notice from the mayor be sentenced by said mayor to work on the streets 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 such liability as to pay said street-tax. Street tax. SEC. 21. Be it enacted, That the mayor and council of Brooklet shall have power and authority to pass and enforce any ordinances 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 fines shall not exceed the sum of fifty dollars and said imprisonment or period of labor shall not exceed sixty days. Mayor and council, punative powers. 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 the power and authority to issue warrant for the arrest of any person charged 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 guard-house, 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 a reasonable cause to suspect that the transaction charged against the accused is a violation of a State law, it shall be the duty of the 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 the mayor shall be the chief executive of said town of Brooklet, with power to appoint special police and exercise full control of the same, 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 the town guard-house. The mayor shall have the power to name any member of the 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 the council; the mayor shall likewise have power and authority to issue execution for all fines, penalties and costs imposed by him. Mayor's court. Page 555 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 portions 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 said town. Concerning animals. 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 guard-house, or the 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 obstruction removed at the expense of the person placing the obstruction in the said streets or alleys. Said mayor and council shall have the authority to decalre, condemn and abate 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. Approved August 21, 1906. BROXTON, CITY OF, CHARTER AMENDED. No. 662. An Act to amend the charter of the city of Broxton by providing for filling vacancies in board of aldermen; by providing a change in public-school system of said city, and to raise revenue for the maintenance of same and adopt rules and regulations for the government thereof, and for other purposes; to provide for a change in qualification of police force; by providing Page 556 for a change in the maximum limit of taxation; by providing a change in date of returns of tax-assessors; by providing for regulation of stock, cattle, hogs, etc., upon the streets of said city; by providing regulations for railroad tracks, crossings, depots, speed of trains, and general conduct and control across and through the streets of the city. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section six (6) of an Act entitled An Act to incorporate the city of Broxton, in the county of Coffee, to define its limits, and for other purposes, approved July 27, 1904, be and the same is, hereby amended, by inserting at the close of said section, and adding thereto, the following words: In the event of a vacancy by death, resignation, removal, or otherwise, in the board of aldermen, said vacancy may be filled in same manner as a vacancy in the office of mayor, above set forth; provided, however, that if said vacancy in board of aldermen, at a time not longer than three months before the expiration of the term of office, the mayor and remaining aldermen may by unanimous vote supply the vacancy by appointment until the next regular election, so that said section, when amended, shall read as follows: Be it further enacted, That the mayor and aldermen, in all cases, shall hold their offices until their successors are elected and qualified, and in the event that the office of mayor shall become vacant by death, resignation, removal, or otherwise, the mayor pro tem., or in case his seat is vacant, a majority of the council shall order an election by giving at least ten days' notice in any one or more papers, or at two or more of the most public places in the city. And said election so held shall be managed in the same manner as the election to be held in chief, according to the provisions of the charter; provided, however, that if the office of mayor shall become vacant at any time within three months of the expiration of his term of office, the mayor pro tem. shall act as mayor during the balance of said time, and exercise all the rights and powers of mayor of said city. In the event of a vacancy by death, resignation, removal, or otherwise, in the board of aldermen, said vacancy may be filled in the same manner as a vacancy in the office of mayor, above set forth; provided, however, that if said vacancy in board of aldermen, at a time not longer than three months before the expiration of the term of office, the mayor and remaining aldermen may by unanimous vote supply the vacancy by appointment until the next regular election. Broxton, city of. Mayor and aldermen, vacancies, how filled. Page 557 SEC. 2. Be it further enacted, That said Act be further amended by striking therefrom the whole of sections 21 and 22, and inserting in lieu thereof the following: For section 21: That the mayor and council of the city of Broxton are hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed five-eighths of one per cent., on the real and personal property in the city of Broxton for the purpose of establishing and maintaining a system of public schools in said city; provided, the money so raised by taxation shall be used only for school purposes, as in this Act set forth. That there shall be a board of education for said city, consisting of five members, one of whom shall be elected from each ward of the city, and one from the city at large, whose term of office shall be for three years, and until their successors are elected and qualified, except that at the first election held under this amendment, those elected from the first and second wards are to be elected for one year, and those from the third and fourth wards to be elected for two years, and the one at large from the city to be elected for three years, which said first election shall be called by the mayor of said city as early as practicable after the passage of this Act, and held under the same rules and regulations as the election for mayor and aldermen of said city are now held; all subsequent elections held after said first election, beginning with the election in January, 1908, shall be held at the same time and place as elections for mayor and aldermen; all vacancies occurring in said board by death, resignation, removal, or otherwise, shall be filled in the same manner as provided for filling vacancies in the offices of mayor and aldermen. That said board of education shall have authority to establish and maintain a system of public schools in the city of Broxton, and establish rules and regulations for the conduct and control of said public schools, and modify and change the same from time to time, as may be deemed best therefor. Said board shall have authority to purchase and rent buildings, appurtenances and furniture for school purposes, employ teachers and suspend or discharge them for good cause, to prescribe the terms upon which students are to be received in said school, and to establish such rules and regulations and by-laws as they deem right and proper in maintaining a system of public schools in said city; provided, that the money raised by this Act shall only be used in giving instruction to children between the ages of six and eighteen years. Said board of trustees shall have authority to admit students in said schools who do not Page 558 come within the required ages, but such students coming into the schools must pay such fees or tuition as said board may determine as proper; and all students shall pay such matriculation fee as the board of education may direct and assess. That the officers of said board shall consist of a president, vice-president and secretary. The treasurer of the city of Broxton shall be ex-officio treasurer of said board; said officers, except the treasurer, shall be elected in such manner and at such time as said board of trustees may determine, and said board shall prescribe the duties of its officers. Said board of education shall provide separate schools in which the white and colored children of said city must be taught; and shall be authorized to receive all gifts and donations and appropriate the same to the support and maintenance of the public schools of said city. School tax. For section 22: That it shall be the duty of the mayor and council of the city of Broxton to levy and collect the taxes hereinbefore provided, and keep a separate account of the same to the credit of the public-school fund, which fund shall be subject to the orders of said board for the support and maintenance of said public schools. Said taxes shall be collected by levy and sale, as provided by the charter and ordinances of said city, and no person shall have the benefit of said schools who fails or refuses to pay all taxes assessed against them by said city authorities; that so long as the public schools are kept and maintained in the city of Broxton, the school commissioners of the county of Coffee are hereby authorized and required to pay over to the treasurer of the said board for the use of the public schools, under such rules and regulations as said board may prescribe, the proportion of the common school funds arising from any source belonging to said city, to be by them expended in the establishment and maintenance of said public schools, as authorized and directed by the Constitution and laws of the State. That all children whose parents, guardians, or natural protectors, have been bona fide residents of said city for thirty days immediately preceding their application for admission into said schools, shall be entitled to the benefit of said schools. The board may also admit children into said schools whose parents, guardians, or natural protectors, do not reside within the corporate limits of said city upon the payment of such tuition fees as the board may deem reasonable and proper. All sums arising from this source shall be used only for the purpose of maintaining said schools. Public school fund. SEC. 3. Be it further enacted, That said Act to incorporate Page 559 the city of Broxton be further amended by striking from the last two lines of section 28 of said Act the following words: And possessing the same qualifications of voters as before specified, so that said section 28, when amended, shall read as follows: Be it further enacted, That when said new council have been installed, at their first regular meeting they shall proceed to elect a police force, consisting of a chief and such other force as may be necessary for the protection of said city, said election to be determined by ballot, and the person receiving a majority of votes cast shall be deemed elected; that no person shall be eligible except he be a resident of said city. Police. SEC. 4. Be it further enacted, That said Act to incorporate the city of Broxton be amended by striking from section 31 of said Act the words one-half of one in the last line of said section, and inserting in lieu thereof the words one and one-half, so that said section, when so amended, shall read as follows: Sec. 31. For the purpose of raising revenues for the support and maintenance of said city government, said mayor and council shall have full power and authority, and they shall provide by ordinance for assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding one and one-half per cent. thereon. Ad valorem tax. SEC. 5. Be it further enacted, That said Act to incorporate the city of Broxton, be amended by striking from section 43 of said Act the word May in the fourth line, and the word June in the sixth line, and the words one-half of one in the twelfth line, and insert in lieu thereof the word June in the fourth line, and the word May in the sixth line, and the words one and one-half in the twelfth line, so that said section, when so amended, shall read as follows: Sec. 43. Be it further enacted, That the mayor and council shall make, or cause to be made, an early assessment of city property, so that the returns of the assessors can be completed and handed in by the first day of June of each year, and after all other returns for taxation shall be made, which in all cases shall be made by the first day of May of each year. Upon the return of the assessors being handed in, as above provided, the said mayor and council, by the twentieth day of June thereafter, shall cause an estimate to be made up and entered on the minutes, showing the gross amount of the income of the city for the fiscal year, ascertain by the assessment of a tax, not exceeding one and one-half percentum of the taxable property of the city, and a reasonable estimate of the other taxes and sources of revenue, and shall apportion and set apart the same as follows: First, reduction Page 560 of any debt; second, street force; third, police; fourth, salaries; fifth, contingent funds; which several sums, taken in the aggregate, shall not exceed the amount of income from all sources for the year in question. The annual appropriation, as made by the council, may be varied as to the amounts distributed to the several heads, at the first meeting in August and November. These variations not to retroact on expired quarters and to enlarge in any manner the aggregate appropriations for the year, and no money shall be drawn from the city treasury except by order of the mayor, or approved by the finance committee, which order shall specify the fund from which it is drawn, and unless it so specifies the fund from which it is to be drawn, it shall be void, and the said mayor and finance committee shall be liable to the city for the refunding of any amounts drawn upon such orders, to be recovered in an action brought in any court of this State, having jurisdiction thereof, in the name of the clerk and treasurer for the use of the city, and twelve and one-half per cent. of the recovery shall be his compensation; and if he fails to bring action within thirty days, the said sums may be recovered of him and his bondsmen at the suit of any citizen, and no action brought under this section, or right of action, shall be settled without the consent of the judge before suit is pending upon exhibition of the facts, and such consent entered on the minutes. Assessments. Disbursements. SEC. 6. Be it further enacted, That the mayor and council of said city of Broxton shall have full power and authority to enact such ordinances as they may deem proper, without having to hold an election for that purpose and submitting the question to the qualified voters of said city, regulating the running at large upon the streets of said city of horses, cattle, hogs, sheep, goats, and stock or animals of all kinds; and providing for the taking up and impounding and disposing of the same. Concerning animals. SEC. 7. Be it further enacted, That the mayor and council of said city of Broxton shall have full power and authority to enact all ordinances necessary for the regulation of railroads and their employees running through said city, prescribe rules and regulations for the laying of tracks, construction of crossings, speed of trains, location of switches, depots, and all other matters pertaining to the conduct and control of construction across and maintenance across and through the streets of the city. In relation to railroads and employees. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 561 BRUNSWICK, CITY OF, CHARTER AMENDED. No. 582. 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 to amend 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 the mayor and council of the city be, and it is hereby, authorized, in its discretion, to purchase, lease, construct, erect, equip, maintain, operate, or dispose of, a system of waterworks in said city, together with the necessary sites, ways, structures, canals, reservoirs, etc., for conveying or containing water, and shall be authorized to lay pipes and conduits through said city and through the county of Glynn, to bore artesian wells for the purpose of obtaining water, and shall have the right to use any stream, or streams, of water in said county which may be deemed necessary, appropriate or convenient for that purpose, and shall be authorized to condemn land anywhere in said county that may be necessary for carrying out the purposes of this section, the condemnation proceedings to be conducted in the same manner as now provided for condemning lands for new streets in the charter of said city, and shall be authorized to supply all persons in said city, or contiguous thereto, with water, and to make charges for the same, and generally shall be empowered to do all such things as may be necessary, expedient or proper to carry into effect the purposes of this section. Brunswick city of, waterworks. SEC. 2. Be it further enacted by the authority aforesaid, That said the mayor and council of the city of Brunswick shall be, and is, empowered and authorized to purchase, lease, construct, equip, operate, maintain or dispose of an electric lighting or gas lighting system, or systems, and plant, or plants, or any other system of lighting that may be deemed advisable, from time to time, in said city, and to furnish light or electric power to any person, or persons, in said city, and to make charge for the same, and generally shall be authorized to do and perform any and all things that may be proper or necessary to carry into effect the purposes of this section. Lighting plant. Page 562 SEC. 3. Be it further enacted by the authority aforesaid, That said the mayor and council of the city of Brunswick be, and it is, hereby authorized and empowered to maintain and operate a hospital in said city, to direct and control the management of the same, to create in its discretion a board of managers or trustees for said hospital, to define the authority of said board, to appropriate money for the support of said hospital, to take and receive gifts of money or property to or for the benefit of said hospital, to charge and receive money for treatment in said hospital, and generally to do and perform all such things as may be proper or necessary to carry into effect the purposes of this section. Hospital. SEC. 4. Be it further enacted by the authority aforesaid, That all of section 4 of that certain Act of the General Assembly of said State, entitled 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, approved August 22, 1905, after the words five hundred dollars in said section, be stricken therefrom. SEC. 5. Be it enacted by the authority aforesaid, That section 1 of said Act, approved August 22, 1905, be amended by providing that said board of equalizers, provided for in said section, shall annually pass on valuations of real estate, as well as valuations of improvements on real estate and valuations of personal property, and any provision in said section contrary hereto be stricken therefrom. Valuations of property equalized. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, repealed. Approved August 20, 1906. BRUNSWICK, CITY OF, CHARTER AMENDED. No. 513. An Act to amend an Act entitled An Act to consolidate and amend the several Acts incorporating the city of Brunswick, approved August 29, 1872, and the several Acts amendatory thereof; to revise the election laws of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the Page 563 State of Georgia, and it is hereby enacted by authority of same, That so much of said recited Act entitled An Act to consolidate and amend the several Acts incorporating the city of Brunswick, approved August 27, 1872, and the several Acts amendatory thereof as is inconsistent or conflicting with the provisions of this Act, be, and the same is, hereby repealed, and the following substituted in lieu thereof: Brunswick city of. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Brunswick shall be exofficio superintendent of all elections in said city, except primary elections, and a majority of said mayor and council shall be authorized and empowered to perform the duties imposed upon them as such election superintendents under the provisions of this Act. In all cases of general elections, when said election superintendents shall have named precinct manager and clerks, and designated the number of booths for each voting precinct, and prepared the forms of ballots and tally-sheets, they shall have said tickets printed, as herein provided, and provide for the erection of booths, and shall supply said tickets and tally-sheets and other election blanks to managers, and keep accurate records of the same, and upon their order said precinct managers and clerks shall be paid for their services, as now provided by law, and the expense incurred in providing for said elections shall be paid out of the city treasury. In case of primary elections the duties of election superintendents shall devolve upon the executive committee ordering said primary elections, or upon such other person, or persons, as the party holding said primary elections shall designate. Before entering upon their duties as superintendents of elections and primary elections, as herein provided for, said superintendents shall each take and subscribe the following oath before an officer authorized to administer oaths: I do solemnly swear that I will faithfully and impartially discharge the duties of election superintendent (or primary election superintendent, as the case may be) for the city of Brunswick without favor or impartiality to any party or candidates, and to the best of my ability; so help me God. The term election and elections, as used in this Act, shall include and be held to embrace primary elections; and all the terms, provisions and penalties provided by this Act shall apply to primary elections identically as to other elections, unless expressly otherwise provided. Superintendents of elections. SEC. 3. Be it further enacted by the authority aforesaid, That in all elections and all primary elections hereafter held in said city on any subject which may be submitted to the vote of the Page 564 people, and for mayor and aldermen of said city, the voting shall be by secret official ballots printed and distributed as hereinafter provided for; and no ballot shall be received or counted in any election except it be provided and voted as herein prescribed. Ballots. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of superintendents of elections, or the executive committee in case of primary elections, to have prepared in the manner herein provided at the city's expense, and at the expense of the political party holding the same in case of primary elections, official ballots, which must contain the name of all who have filed, as hereinafter provided, with the superintendents of elections, or executive committee in case of primary elections, written notice of their candidacy at least ten (10) before the date of election; and such names must be arranged upon said ballots in alphabetical order as to candidates for the same office. The ballots must be all alike, printed in plain black type in straight lines on plain white paper, so thick that the printing can not be distinguished from the back, and on the ballot shall be printed such words as will aid the voter to designate his choice, as Vote for one, Vote for two, and the like. The written notice of candidacy, hereinbefore referred to, shall be filed as follows: In general elections with the superintendents of elections, and in primary elections with the executive committee of the party holding such primary. Official ballots. SEC. 5. Be it further enacted by the authority aforesaid, That whenever any public question is submitted to the vote of the people the substance of such public measure, or sufficient words to indicate its nature, shall be twice clearly indicated upon the ballot, once preceded by the word for and once preceded by the word against, after the list of candidates; and the voter shall strike the one for which he does not wish to vote. SEC. 6. Be it further enacted by the authority aforesaid, That in the preparation of the ballots the following from shall be substantially observed: The names of all the candidates for any office to be filled must be placed under the proper designation of the office in alphabetical order, as hereinbefore provided, and the order in which the several offices to be filled are to be on the ballot is left to the discretion of the election superintendents, or executive committee in case of primary elections. Form of ballots. Page 565 OFFICIAL BALLOT. FOR MAYOR. (Vote for one.) John Doe, Richard Roe. FOR ALDERMEN. (Vote for four.) John Doe, Richard Roe, etc. For (designating special measure to be voted for). Against (designating special measure to be voted for). Election....., 190. ....., Manager. SEC. 7. Be it further enacted by the authority aforesaid, That there shall be provided by the election superintendents, in the manner herein directed, or executive committee in case of primary elections, for each voting place, at least one hundred (100) ballots for every fifty (50) qualified voters usually voting at such voting place, which ballots must be delivered to the election managers in time for the election, and the said election managers must not deliver any ballot to any person other than a qualified elector, and not to him until he applies for one at the voting place for the purpose of voting the same, as hereinafter provided. Ballots in hands of managers. SEC. 8. Be it further enacted by the authority aforesaid, That no printer, publisher, or other persons engaged by superintendents of elections, or the executive committee in case of primary elections, to print and prepare election ballots, shall deliver or furnish a ballot, or ballots, or any likeness of the same to any person other than the superintendents, or executive committee in case of primary elections, or on their written order, and no person employed by such printer or publisher, or other person, to aid or assist in printing or preparation of said ballots, shall retain or deliver or furnish any ballot, or ballots, or any likeness or form of the same, to any person whomsoever, except upon the written order of the superintendents of election, or the executive committee Page 566 in case of primary elections, nor shall any other person procure in any manner, other than in this Act provided, any official ballot or any form or likeness of the same, under penalty hereinafter provided; nor shall any person, having in any manner procured an official ballot or likeness thereof, furnish or give the same to any one other than an election manager. Any person guilty of a violation of any of the provisions of this section shall be guilty of a misdemeanor, and shall be punished as prescribed by section 1039 of the Penal Code of Georgia. Illegal distribution of ballots prohibited. SEC. 9. Be it further enacted by the authority aforesaid, That said city shall prepare, through its election superintendents, for each general election in said city, at the city's expense, a booth, or booths, for each voting place in the city where voters are entitled to vote; and in case of primary elections such booth or booths, shall be provided by the executive committee of, and at the expense of, the party holding said primary; and primary elections shall be managed in every respect the same as general elections. In all elections, general and primary, the managers and clerks shall occupy a room or covered inclosure at each precinct, where they shall keep the ballot-box, tally-sheets and list of voters; and there shall be provided an enclosure or room of sufficient size to allow the arrangement and disposition of the booths, hereinafter provided for; the compartments, or booths, shall be at least three feet wide, and of sufficient depth and height to conceal the voter from observation while preparing his ballot, with a table or shelf therein to accommodate the voter in the preparation of his ballot. These booths, or compartments, shall be erected in such numbers as in the judgment of the superintendents of elections will allow full opportunity of voting to all the qualified voters who are desirous of voting. The said booths shall be so constructed that the electors, in the marking of their ballots, shall be screened from observation, and a guard rail, or other barrier, shall be so placed that only persons inside of said guard rail, or barrier, can approach within eight (8) feet of said booths, and when more than one booth or compartment is provided at any election precinct, no two booths shall be within feet of each other, and no two booths shall have the entrance thereto so arranged that the voters in said booths may be visible to each other; and they shall be so arranged that the entrance thereto shall be in plain view of the managers of the election; and no booth shall have more than one entrance. No person other than the election officers and voters shall be permitted within Page 567 said rail or barrier, except by authority of the superintendents of election, for the purpose of keeping order and enforcing the law; and not more than one person shall be allowed in any one booth at the same time, except as provided in section fourteen of this Act. Election booths. SEC. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of superintendents of elections to appoint for each voting place in the city three managers of election and three clerks. The managers must be upright and intelligent men and freeholders, and before entering upon the discharge of their duties they must take and subscribe the following oath: I do solemnly swear that I will faithfully manage this day's election, and not permit any person to vote who is not a qualified elector; that I will not permit any but the official ballots to be cast; that I will permit no ballot to be cast, except in manner provided by law; and will see that the result of the election is carefully and correctly ascertained; that I will not attempt to influence, directly or indirectly, the vote of any elector, nor will I reveal, directly or indirectly, the contents of any ballot; which oath may be taken and subscribed by said managers before each other. Each of said clerks, before entering upon the discharge of his duties, shall take the following oath, which may be administered by any one of the managers of said election: I do solemnly swear that I will faithfully discharge the duties of clerk of this election; that I will not attempt to influence, directly or indirectly, the vote of any elector at this election; nor will I reveal, directly or indirectly, the contents of any ballot. If for any reason the managers, or any of them, appointed for any general election, or primary election, should fail to be on hand at the time and place of election, or refuse to serve, then such vacancy, or vacancies, shall be filled as provided in section 71 of the Code of Georgia. Election managers. SEC. 11. Be it further enacted by the authority aforesaid, That the managers of the election at the several voting precincts shall be provided by the superintendents of elections with suitable ballot-boxes, which boxes must have a sufficient aperture to conveniently admit ballots. Ballot-boxes. SEC. 12. Be it further enacted by the authority aforesaid, That when an elector desires to vote he shall approach the voting room, or inclosure, and announce his name to the election managers, and if he is a qualified elector he shall be allowed to go behind the guard rail at the entrance provided for that purpose, and there receive from the hands of the managers one of the official Page 568 ballots, which must have thereon the name of the manager furnishing the ballot, written thereon at the time of furnishing said ballot by the manager furnishing the same, and so written on said ballot that, when the same is folded, the name of the manager can be seen without unfolding said ballot, and the said voter after receiving the ballot must retire to a booth, or compartment, in which there is no other person and there, with a pencil or pen and ink, cancel the name, or names, of each candidate for which he does not desire to vote; and in case of a special measure submitted to the people he shall by cancellation vote for or against said measure, as he may so desire. After preparing his ballot the voter shall, before leaving said booth or compartment, carefully fold the same so that contents thereof can not be seen, and so that the name of the manager signing said ballot may be seen without disclosing the contents of the ballot. When the ballot has been thus prepared and folded, the voter shall not unfold the same, but, after giving his name to the manager in charge of the ballot-box, shall hand him the ballot, and the manager shall, without opening or unfolding the same, number it in its order on the back thereof, and in the presence of the voter deposit the ballot in the ballot-box, and the voter shall retire from the voting-room. Ballots, how cast. SEC. 13. Be it further enacted by the authority aforesaid, That no elector shall remain in a booth longer than three (3) minutes, and when the three minutes have expired he shall, on the order of any one of the managers, vacate the booth and retire from the voting-room or inclosure, but he shall not be permitted to carry any ballot with him from said voting-room or inclosure, but must return it to the managers; and said elector, having so retired without voting, shall not be allowed to return or vote. In case any elector, in attempting to prepare his ballot, shall spoil or deface the same, he can apply to the manager in charge of said ballots and obtain another upon first returning the ballot so spoiled or defaced to the manager, but no elector shall be allowed more than two ballots at any one election, and in the event he spoils or defaces both of these he shall be deprived of the privilege of voting at said election. Time [Illegible Text] to vote. SEC. 14. Be it further enacted by the authority aforesaid, That in case any elector is unable to read, or is prevented by physical disability from preparing his ballot, he may, in the discretion of a majority of the managers, have the assistance of a manager or clerk to aid him in the preparation of his ballot, who Page 569 shall go to the booth with him for that purpose. Any person who shall represent himself to said election managers, or to any one of them, in the same manner set forth in this Act as being unable to read, or from any cause unable to prepare his ballot, and thereby obtains assistance in the preparation of his ballot, when such representations are untrue, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 1039 of the Criminal Code of Georgia. [Illegible Text] voter. SEC. 15. Be it further enacted by the authority aforesaid, That no person, within or without said voting-room or enclosure, shall in any manner, directly or indirectly, attempt to influence or interfere with any elector in preparing his ballot or casting the same, nor shall any person be guilty of disorderly conduct or under the influence of liquor near said voting-room or enclosure. Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 1039 of the Criminal Code of Georgia. Influencing voters. SEC. 16. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerks of elections to keep three lists of voters voting at the election, upon which lists they must enter the names of all persons voting, and number them in the order of their voting. As each ballot is received, the number of the voter on the list shall be marked on his ballot before it is deposited in the box. After the closing of the polls at any precinct the managers shall count the votes as now provided by law, and in so doing shall require the clerks to keep three tally-sheets, and when the count is finished there must be a certificate signed by the managers stating the number of votes that each person voted for received; and each list of voters and each tally-sheet must have placed thereon the signatures of the managers. Lists of voters. SEC. 17. Be it further enacted by the authority aforesaid, That the consolidation of the vote at a general election must be made by the managers of the election in the same manner as now provided by law, and a certificate of the result published by the managers to the council or governing body of the city. In case of primary elections the consolidation shall be made in the same manner as at general elections, and a certificate of the result must be made in the manner herein provided for to the proper authority of the party holding said primary. Consolidation of votes. SEC. 18. Be it further enacted by the authority aforesaid, That any manager, clerk, officer or other person upon whom a duty is imposed by this Act, who neglects or fails to perform the same, when no punishment is otherwise herein provided, shall be guilty Page 570 of a misdemeanor, and upon conviction shall be punished as provided in section 1039 of the Penal Code of Georgia. Managers, etc. SEC. 19. Be it further enacted by the authority aforesaid, That except as herein repealed, changed, altered or modified, the law applicable to elections in said city shall apply to all elections both general and primary held under this Act. General and primary elections. SEC. 20. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 21, 1906. BRUNSWICK, CITY OF, CHARTER AMENDED. No. 570. 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 to amend the several Acts amendatory thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That said the mayor and council of the city of Brunswick be, and it is, hereby authorized to convey by quit-claim deed in fee simple to Atlanta, Birmingham and Atlantic Railroad Company, or to its successors and assigns, all of the following real estate, to wit: All that certain tract of land situate in the county of Glynn and city of Brunswick, in said State, and having the following courses, distances and boundaries, to wit: Beginning at the southwest corner of that tract of land known as the Dennis Fally tract, and at a point on the eastern shore of Oglethorpe Bay (such point being the western terminus of the town commons line), and running thence north twenty-four (24) degrees east a distance of three thousand seven hundred and forty-two (3,742) feet and six (6) inches along the southern boundary of the town's commons to a cedar post; thence running south seventy-two (72) degrees thirty (30) minutes west a distance of two hundred (200) feet to a cedar post located on the southern side of the Boulvard; thence in a westerly direction in a meandering course along the southern side of said Boulevard to a stone post located on the southern edge of said Boulevard, at a point one thousand, two hundred and fifty-five (1,255) feet distant from Page 571 the northwest corner of the tract herein described, and running thence south seventy-two (72) degrees thirty (30) minutes west a distance of one thousand two hundred and fifty-five (1,255) feet along the division line between the tract herein described and the lands of C. Downing to a point on the east shore of Oglethorpe Bay, which point is the northwest corner of the entire tract herein described and, as well, the southwest corner of the C. Downing dock property (formerly known as the McCullough dock or wharf), and thence along the eastern shore of Oglethorpe Bay a distance on a straight line of two thousand six hundred and thirteen (2,613) feet to the point of beginning, said entire tract being bounded as follows: on the north by lands of C. Downing, the city Boulevard, and a portion of the town commons; on the east by marsh lands belonging to the Southern Railway Company and to other persons (said eastern boundary being the town commons line); on the south by marsh lands belonging to the Southern Railway Company and other persons, and by Oglethorpe Bay; and on the west by Oglethorpe Bay; said tract comprising an aggregate of eighty-two and one-half (82) acres, more or less, saving and excepting therefrom the tract and right-of-way of the Southern Railway Company when it may pass through said tract. Said conveyance to be made to the said Atlanta, Birmingham and Atlantic Railroad Company, or its successors and assigns, by said mayor and council, for such consideration and upon such conditions as may be agreed on between the said railroad company, said mayor and council and the board of education of Glynn county; provided, such sale and conveyance be made and executed on or before the fifteenth day of December, nineteen hundred and six; said tract of land now being a part of the town commons of Brunswick, and the money and proceeds arising from said sale shall be immediately paid over to the board of education of Glynn county, to be used by said board of education as provided by law; and all city taxes of whatsoever nature hereinafter collected upon said land and upon all improvements thereon, or hereafter erected thereon (provided said sale is consummated as herein set out), shall be applied and appropriated by the mayor and council of said city, in the same manner as the income arising from the town commons of Brunswick is now appropriated and applied by law. Brunswick, city of, conveyances to A. B. A. R. R. Co. SEC. 2. Be it further enacted by the authority aforesaid, That said mayor and council of the city of Brunswick be, and it is, hereby authorized, in its discretion, by resolution or ordinance duly adopted or passed, to separate the office of marshal of said city from the chief of police of said city; to define the duties Page 572 pertaining respectively to said two offices; to prescribe that different persons shall fill said two offices, and to fix the salary or compensation pertaining to said two offices. Marshal and chief of police. SEC. 3. Be it further enacted by the authority aforesaid, That the said mayor and council of the city of Brunswick shall also have the authority, by resolution or ordinance, to condemn any unsightly or decayed buildings in said city, to require the owner thereof to put the same in a proper and sightly condition; to provide a penalty for any such owner failing so to do, and to have such building put in a sightly and proper condition; with the power to compel the owner of such building to pay for the cost of so doing by issuing execution against such owner and the lot or portion of lot on which such building is erected, and against such building after the same is put in a proper and sightly condition, with the power to prescribe the manner and form of issuing such execution and enforcing the same; the owner, however, to have the right of denying the fact of his liability to pay such execution by affidavit of illegality as is provided in the last part of section 2 of the Act of the General Assembly approved August 22, 1905, entitled 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. Condemnation of buildings. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with any of the provisions of this Act be, and the same are, hereby repealed. Approved August 20, 1906. BUTLER, TOWN OF, CHARTER AMENDED. No. 368. An Act to amend section 3 of the charter of the town of Butler so as to provide for a term of office of two years instead of one year for mayor and aldermen of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That section 3 of the charter of the town of Butler, in the county of Taylor, said State, approved August 27, 1872, be, and the same is, hereby Page 573 amended by striking out of the third line thereof the words of each and year and inserting in lieu thereof the words two and years after the word every; by striking out of the fifth line of said section 3 the word one and inserting in lieu thereof the word two; also by adding at the end of said section the following words: provided, that the time for holding the first and next regular election under this Act for said mayor and aldermen shall be the second Saturday in January, 1907, so that said section of said charter when so amended shall read as follows: That the corporate powers of said town shall be vested in a mayor and five aldermen, who shall be elected on the second Saturday in January every two years, except for the year 1872. The said mayor and aldermen shall hold their offices for two years, or until their successors are elected and qualified, and all citizens residing in the corporate limits of said town thirty days previous to said election who are entitled to vote for members of the General Assembly shall be entitled to vote for said mayor and aldermen; provided, that the time for holding the first and next regular election under this Act for said mayor and aldermen shall be the second Saturday in January, 1907. Butler, town of. Mayor and aldermen, term of office. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1906. CAIRO, CITY OF, INCORPORATED. No. 402. An Act to incorporate the city of Cairo, in the county of Grady, and prescribe the limits thereof; to provide for a mayor and councilmen and other officers of said city, and to prescribe their powers and duties and the manner of their election; to provide for the registration of the voters of said city; to declare and define the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide that all valid contracts heretofore entered into by the authorities of the town of Cairo shall be valid for and against the city of Cairo; to provide that the city of Cairo shall succeed to all of the rights and liabilities of the town of Cairo, and that all property now owned and held by the town of Cairo shall be and become the right and property of the city of Cairo; to provide for the continuance, maintenance and operation of the Page 574 system of waterworks and electric lights heretofore operated by said town, and for the establishment of a sewerage system and such other public improvements as the authorities may see proper from time to time to establish; to authorize the raising of a tax for any or all of said purposes; to provide for the condemnation of private property for public use and for compensating the owners thereof; to provide for ad valorem and special taxation by said corporation; to provide for a board of tax assessors and to define their powers and duties; to create the City of Cairo, and to grant a charter to that municipality under that corporate name and style, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the municipality heretofore known and designated as the Town of Cairo, in the county of Grady, said State, be, and the same is, hereby incorporated as the City of Cairo, the location and limits of same being hereinafter fully defined and set forth, and the said municipality under the name and style of the City of Cairo as a body corporate shall have perpetual succession and be vested with all the rights, powers and privileges incident to cities of said State. Cairo, city of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the said municipality under the corporate name and style of the City of Cairo shall have and use a common seal; sue and be sued, plead and be impleaded in any court of law or equity, and shall have the right and power to purchase, acquire, receive, lease, hold and enjoy, for the corporate purposes of said city, any real, personal or other property, and shall also have the power and right to sell, convey, alien, lease, transfer and assign any or all property of every kind belonging to said city, when the authorities thereof deem it necessary or proper to do so, and all rights, titles, properties, easements, hereditaments and every other thing now belonging or in anywise appertaining to the municipal corporation hitherto known as the Town of Cairo shall succeed to and become the right and property of the City of Cairo created by this Act. Said city of Cairo is hereby made responsible for all legal liabilities and indebtedness, whether bonded or otherwise, and for all valid and legal contracts and undertakings of every kind, of the said town of Cairo. Corporate powers. SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of said city of Cairo, over which the authorities of said city shall have and are hereby given jurisdiction under Page 575 and by virtue of this Act and the general laws of this State, are hereby fixed and defined as follows: Beginning at a point five-eights of a mile north of the northeast corner of the Atlantic Coast Line Railroad Company's passenger depot, located on lot of land number 60, in the 18th district of Grady county, Georgia, and from said designated starting-point running due east one-half a mile; thence due south one and one-fourth miles; thence due west to Malloy Mill creek; thence up the run of said creek in a northerly direction to a point therein which shall be due west of the said designated point of beginning; thence due east to said point of beginning; the territory covered by said city and over which the authorities thereof shall have jurisdiction as aforesaid being that included within the lines and limits aforesaid. The mayor and council of said city shall have and are hereby given authority to fix and prescribe by ordinance the official plat and survey of said city and have the same recorded as such; and they may alter or change such plat and survey from time to time as they may deem proper. Corporate limits. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a mayor and five councilmen of said city, elected in the manner hereinafter provided, in whom shall be vested the municipal authority and who are hereby empowered to enact and enforce all laws, by-laws, ordinances, rules and regulations not inconsistent with the Constitution and laws of this State, necessary and proper for the government of said city. Mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That before any ordinance shall become a law it shall be read at three separate meetings of the council; provided, that an ordinance may be passed upon its being read once at each of two meetings by unanimous consent of the mayor and councilmen. Unless otherwise provided in the face thereof, all ordinances shall become effective as soon as placed upon the minutes of the council. Ordinances. SEC. 6. Be it further enacted by the authority aforesaid, That until otherwise provided by the mayor and council of the city of Cairo, all laws, by-laws, ordinances, rules, regulations, resolutions and Acts of the said town of Cairo now of force shall be, and the same are, hereby declared to be of force in and for said city of Cairo created by this Act. Existing law. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to prepare and publish a code of the laws, by-laws, ordinances, rules, regulations and resolutions for the government of said city, to become effective as soon as approved and adopted by the mayor and council Page 576 by order on their minutes, and they may revise and amend said code from time to time as they may see proper. Code. SEC. 8. Be it further enacted by the authority aforesaid, That the present mayor and five councilmen, and all other officers of the town of Cairo shall continue in office as the mayor and councilmen and officers of the city of Cairo, to serve until the expiration of the respective terms for which they were elected and until their successors are elected and qualified, receiving the same salaries they received as officers of the town of Cairo. Municipal officers. SEC. 9. Be it further enacted by the authority aforesaid, That the election of officers of said city shall be held on the first Wednesday in November in each year by three freeholders of said city, said election to be conducted in the same manner as elections for members of the General Assembly of the State of Georgia. The polls shall be opened at some convenient place to be designated by the mayor and council (at the city hall if not otherwise provided), at ten o'clock a.m., and shall be closed at three o'clock p.m. The managers or superintendents, before proceeding to hold said election, shall make oath to the same effect as prescribed in section 67 of the Political Code for superintendents of elections for members of the General Assembly, said oath to be administered in the manner provided in section 68 of the Political Code. The managers shall certify the result of the election to the mayor and councilmen, which certificate, together with the tally-sheets and lists of voters voting at such election shall each bear the signatures of the managers, and all of which must be sealed in a substantial envelope or box by the managers and delivered on the day following the election to the clerk of the city council, and by him filed of record. The ballots shall likewise be sealed and delivered to said clerk and filed of record in his office. Upon the filing of said return of the managers the mayor or acting mayor shall, in the presence of a majority of the council and a majority of the managers, declare the result, and the result as certified and declared shall then be entered of record on the minutes of the council. If after ten days from said election no notice of a contest of the result is given by any party, the said clerk shall destroy the ballots and issue and deliver to each officer elected a certificate of his election, stating to what office he has been elected, which certificate of the clerk shall be sufficient authority to the persons so elected to enter upon the discharge of their duties as officers at the beginning of the term for which they were elected, upon their taking and subscribing the oath hereinafter provided. Election of officers. SEC. 10. Be it further enacted by the authority aforesaid, That Page 577 the term of office of the mayor and councilmen shall be one year, beginning on the first day of January next after their election; except that the officers elected at the first election under and by virtue of this Act shall qualify, be installed and take charge of their respective offices immediately upon their election and shall continue in office until January 1, 1908, it being hereby made the duty of the city clerk to issue to them his certificate mentioned in the preceding section immediately upon the declaration of the result of said first election under this Act. Mayor and councilmen, term of office. SEC. 11. Be it further enacted by the authority aforesaid, That before entering upon the duties of their respective offices, each officer-elect shall take and subscribe the following oath: I do solemnly swear that I will discharge the duties of the office of (here state the office) of the city of Cairo, to the best of my ability; so help me God. Oath of office. SEC. 12. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor of said city who is not a qualified voter therein, and who has not been a bona fide resident thereof for at least one year next prior to his election. Qualification of mayor. SEC. 13. Be it further enacted by the authority aforesaid, That no person shall be eligible for the office of councilman who is not eligible for the office of mayor. Qualification of councilmen. SEC. 14. Be it further enacted by the authority aforesaid, That there shall be a clerk and treasurer of said city, elected in the same manner, at the same time, and for the same term as the mayor and councilmen are elected, and with the same qualifications. His duties shall be to keep a true record of the council's proceedings and actings, to record all minutes, to have custody of the seal and all documents and papers of said city, keep its books and accounts, receive and safely keep its funds and disburse same only upon the order of the council and the warrant of the mayor, render a sworn statement of his accounts to the mayor and council at the end of each quarter, or oftener if demanded, and perform all other duties required of him by this Act or the rules and ordinances of said city. Clerk and treasurer. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council may fix and require a bond of the clerk and treasurer and of any other officer or employee when they deem it expedient to do so. Official bonds. SEC. 16. Be it further enacted by the authority aforesaid, That no person shall be eligible to vote at any election held in said city, whether the same be a regular election for officers, or any special election for any purpose whatsoever, unless such person be qualified to vote for members of the General Assembly, has been a Page 578 bona fide resident of said city for six months next preceding the election, has paid all taxes imposed upon him by the authorities of said city, and has registered and been entered on the voters' list of said city as hereinafter provided. Electors. SEC. 17. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor, councilman, or clerk and treasurer, an election shall be called by a majority of the councilmen or of the remaining councilmen, to fill such vacancy or vacancies; or if all the offices of councilmen should become vacant, then such election shall be called by any ten qualified voters of said city, of which election ten days' notice shall be given by posting notices of same at three public places in said city, the order calling same to be entered on the minutes of the council. The registered voters list prepared for the last general election preceding shall be used at such special election to determine what persons are qualified to vote. The persons thus elected shall take the usual oath and hold the office for the unexpired term. Vacancies. SEC. 18. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and council in January in each year, or as soon as practicable, they shall elect a marshal and such policemen as they deem necessary, three upright and intelligent citizens of said city as registrars, and three intelligent and upright freeholders of said city as tax-assessors, and shall elect some member of the council mayor pro tem. And they are hereby empowered to create from time to time any office, board, committee or commission necessary for the proper government of said city, to regulate the time and mode of election of persons to fill any and all such positions, to fix their qualifications, prescribe their oaths, require bonds, and name their duties and fix their salaries or fees, and remove them from their respective positions upon sufficient cause, said mayor and council to have general supervision and control over all of same at all times. Registrars and tax assessors. SEC. 19. Be it further enacted by the authority aforesaid, That the clerk of the city council shall keep at his office a registration book, in which qualified voters of said city shall register prior to every regular election of officers held in said city. Said registration book shall be opened by said clerk thirty days before the election for the purpose of registering all qualified voters. On the first page of said book shall be written or printed the following oath: I do solemnly swear that I am a citizen of the United States; that I am twenty-one years of age, or will be on or before the date of the next election to be held in the city of Cairo, for which election I am now registering; that I have resided in Page 579 this State for one year and in the city of Cairo six months immediately preceding the date of this oath, or will have so resided on or before the date of the next election to be held in said city; that I have paid all State and county taxes required of me since the adoption of the Constitution of the State of Georgia of 1877, except taxes for this year, and all taxes required of me by the city of Cairo up to the time of taking this oath; that I am not disfranchised from voting by reason of any offense committed against the laws of this State, and I further swear or affirm that the statements opposite my name below as to my age, occupation, residence, street and number, or other matter, are true; so help me God, which oath shall be taken by every person registering in said book or books, and may be administered by the clerk or acting clerk. Said book or books shall be kept open at the said office during business hours for a period of twenty days, at the expiration of which time they shall be closed, and it shall not be legal to enter the name of any voter on the voters' list who registered thereafter. Registration. SEC. 20. Be it further enacted by the authority aforesaid, That after said registration book or books close as hereinbefore provided, the clerk of the council shall immediately file said book or books with the registrars of said city, to be elected by the council according to this Act, said clerk first writing his certificate at the close of said registration-list, stating that the same is a true and correct list of all persons so 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 city at the next election to be held. Registration book. SEC. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of the said registrars to receive the certified list of registered voters hereinbefore provided for, and from it make out a complete list of qualified voters of said city. Said registrars shall place no name on said list of voters that does not appear duly registered in the registration book unless it be made to appear that such name or names were illegally withheld from the said book by the clerk, and they shall be satisfied that all persons registered in said book are qualified to vote in the next election before they place the names of such persons on the voters list prepared by them. List of voters. SEC. 22. Be it further enacted by the authority aforesaid, That [Illegible Text] preparing said list and investigating the qualifications of voters said registrars shall, after one day's notice, give each person a hearing whose right to vote is questioned, and shall have the same power to subp[oelig]na and compel the attendance of witnesses, Page 580 hear evidence under oath, and punish for contempts that the mayor of said city has while holding his court, and they shall have the power to require the marshal or police of said city to subp[oelig]na witnesses and perform other services necessary to said investigation. Duties of registrars. SEC. 23. Be it further enacted by the authority aforesaid, That said registrars, after they have completed said list, shall certify the same to be a complete and correct list of the registered voters of said city, and on the day on which the election is to be held shall place the same in the hands of the managers of such election; and said managers shall permit no person to vote whose name does not appear on said list, and after said election is closed and the result is certified to by the managers thereof, said list of registered voters shall be filed by the managers with the clerk of the council, to be kept as other papers in said election. List of voters. SEC. 24. Be it further enacted by the authority aforesaid, That any person knowingly registering or voting illegally under the provisions of this Act, or any person who shall knowingly make a false certificate in connection with said registration or voters list, shall be guilty of a misdemeanor and shall be punished as prescribed in section 1039 of the Penal Code, after an indictment or presentment by the grand jury of Grady county. Illegal registering or voting. SEC. 25. Be it further enacted by the authority aforesaid, That at all special elections held for any purpose whatsoever in said city the official registered voters list used at the last regular election of officers next preceding shall be used to determine who are qualified to vote in such special elections. Special elections. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall fix its own time of meeting and shall meet at least once a month, or oftener if they deem necessary, and when the time of meeting is changed, which may be done at any time, notice of such change shall be published in two issues of a newspaper published in said city, or be posted in two conspicuous places in said city for ten days; provided, that the mayor is empowered to call special meetings of said body at any time he may deem it necessary for any purpose. Meetings of mayor and council. SEC. 27. Be it further enacted by the authority aforesaid, That a majority of the five councilmen shall constitute a quorum; but no measure shall become of force unless voted upon by three councilmen and approved by the mayor or acting mayor; provided, that in the event the mayor or acting mayor declines to approve any measure or shall veto the same, such measure may be reconsidered at another meeting, but shall not become of force, Page 581 over the mayor's veto, until approved in writing by three councilmen. The mayor shall not vote except in case of a tie. Quorum. SEC. 28. Be it further enacted by the authority aforesaid, That the mayor pro tem. shall preside when the mayor is absent or disabled, or shall refuse to preside, and when presiding the mayor pro tem. shall have all the powers of the mayor. In case neither the mayor nor the mayor pro tem. is available for any cause stated in this section, then any member of the council designated by that body shall preside, and while presiding shall exercise the same powers vested in the mayor. Mayor pro tem. SEC. 29. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues for the ordinary current expenses incident to the proper support and maintenance of the city government, the said mayor and council shall have power to levy and collect an ad valorem tax upon all real, personal and other property in the limits of said city, not to exceed one-half of one per centum, but when that amount becomes insufficient the said mayor and council shall have power to levy and collect an additional tax not to exceed one-half of one per centum, in the manner provided by the general laws of this State. The said mayor and council shall have power to enact and adopt such ordinances as shall be necessary for the carrying out of this power. In the event it becomes necessary to levy and collect a tax for any extraordinary purpose or purposes, the power of the said mayor and council to levy and collect same shall be limited only by the Constitution and general laws of this State. They may double-tax any property unreturned as hereinafter provided. Ad valorem tax. SEC. 30. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority in addition to the ad valorem tax to assess, levy and collect a specific or occupation tax on all businesses, occupations, trades, callings, professions, etc., carried on or exercised in said city, and to fix the time and manner of collecting same. Specific tax. SEC. 31. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to license, regulate and control by ordinances all hotels, boarding-houses, restaurants, saloons for the sale of ices, creams and drinks of all kinds, livery, feed and sales stables and lots, hacks, drays and other vehicles, auctioneers, itinerant traders, itinerant venders of any and all kinds of articles of merchandise, goods, wares, or other things, peddlers of any kind of merchandise whatsoever, theaters and theatrical performances, all manufacturing enterprises, itinerant lightning-rod dealers, immigrant agents, book-agents, life, fire and accident insurance agents and companies, Page 582 banks and bankers, brokers and commission merchants, and agents of any and all kinds of business, keepers of slaughter-houses, beef markets, green-grocers, dealers in fresh fish and oysters, vegetables or fruits, bread or other articles of food, and every business establishment, trade or occupation not heretofore mentioned which, under the laws of Georgia, may be subject to license. Licenses. SEC. 32. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to regulate and control the sale of spirituous or alcoholic liquors in said city and, at their discretion, grant license for the sale or withhold the same; to determine who are proper and fit persons to hold such license, and to fix the price to be paid for same, at any sum they may deem proper, not less than $10,000; provided, that such license shall be granted to no person who does not present with his application for same a written recommendation that such license be granted, signed by at least two-thirds of all the freeholders residing in said city. Liquor license. SEC. 33. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to fix a tax to be paid on all dogs owned by persons living within said city, and to enforce the collection of this tax from the owners thereof as other taxes are enforced. In addition to this they may by ordinance authorize the police to kill all dogs for which the tax be not paid. Dog tax. SEC. 34. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to require all persons living in said city and subject to road duty under the laws of this State to work on the streets of said city, and to prescribe a commutation tax to be paid in lieu thereof. Upon failure of any person to pay said tax, or to work on the streets as aforesaid, they may provide suitable regulations for the punishment therefor as for other violations of the ordinances of said city. Street tax. SEC. 35. Be it further enacted by the authority aforesaid, That persons and companies living or owning property in said city shall be required to make a return under oath to the city clerk, or some other person designated as tax-receiver, for all their real and personal property, and every other species of property, in said city subject to taxation under the laws of Georgia between the first day of April and the first day of July of each year. The tax-receiver shall supply himself with blanks for this purpose similar to those kept by the tax-receiver of the county. Tax returns. SEC. 36. Be it further enacted by the authority aforesaid, That after the time for making returns, as aforesaid, has expired all of said returns shall be delivered by the said tax-receiver to the Page 583 board of tax assessors, hereinbefore provided for, whose duty it shall be to go over all such returns and to assess a just and equitable valuation on all property therein returned, and after having given a hearing to owners of property, the valuation of which they propose to raise, to enter the valuation assessed and fixed by them opposite the returns made on said blanks, and the valuation fixed by them shall be final. They shall return all unreturned property coming within their knowledge. Assessments. SEC. 37. Be it further enacted by the authority aforesaid, That the tax-receiver above provided for shall act as clerk of the said board of tax-assessors, and when their work of assessing all property has been finished, the said receiver shall proceed to make out a digest for the city similar to that made out by the tax-receiver of the county, entering the valuations fixed by said board, and shall file said digests with the clerk of the council not later than July 20th of each year. Tax digest SEC. 38. Be it further enacted by the authority aforesaid, That the mayor and council shall fix the time when all city taxes, levies and assessments shall become due and payable. All of which it shall be the duty of the clerk of said city to collect, and in case the same are not paid at the time prescribed by the mayor and council, said clerk shall issue executions therefor, which shall be a lien on all property of the delinquents in this State, ranking with judgments at law. All executions, writs, processes and subp[oelig]nas issued in behalf of said city for the collection of taxes, fines, forfeitures, or for other purposes, shall be directed to the marshal of said city, and to all and singular the sheriffs and constables of this State. The provisions of this section shall be applicable to licenses, and execution may issue therefor in the manner above provided for the collection of the price thereof, where the same be not taken out and paid for according to the ordinances of said city. Taxes, how collected. SEC. 39. Be it further enacted by the authority aforesaid, That the costs accruing in any of the instances set out in the preceding section shall be the same as that of the justices of the peace for issuing executions, etc., and of constables for executing same; provided, that the sheriffs shall be allowed the same fees for executing any paper issuing from said city that they are allowed for serving similar papers in the superior courts. Costs on tax fi. fas. SEC. 40. Be it further enacted by the authority aforesaid, That all sales of personalty by the marshal of said city shall be previously advertised ten days by posting notices of same at three public places in said city naming the time and place of sale, and fully describing the property. Sales of realty by said officer shall Page 584 be previously advertised four weeks in a newspaper published in said city, or in the paper in which the sheriff's sales of Grady county are published, and shall be sold before the city hall between the usual hours on the day named in said advertisement, and the marshal shall make and execute titles pursuant to such sale, all such sales being to the highest bidder for cash. For making such sales the marshal shall be allowed constables' fees, and for executing titles, as aforesaid, he shall receive two dollars. All costs to be taxed as costs are taxed in the courts of this State. Tax sales. SEC. 41. Be it further enacted by the authority aforesaid, That if illegality or claim be interposed and the property about to be sold by the marshal, as aforesaid, be personal, he shall suspend the sale and return the case for trial into the justice court having jurisdiction over the territory covered by said city; provided, the amount does not exceed the jurisdiction of said court. If the amount exceed the jurisdiction of said court, or the property about to be sold be realty, the sale shall be suspended and the case turned unto the superior court of Grady county to be tried as other claims and illegalities. Claims and legalities. SEC. 42. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full and complete authority and control over the streets, sidewalks, alleys and squares of said city, and shall have full and complete power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening, changing or grading the same, or in any manner changing the street lines and sidewalks of said city, or for any other public use of said city. And when the mayor and council shall desire to exercise the power granted in this section it may be done, whether the property sought to be condemned is in the hands of the owners or a trustee, executor, administrator, guardian or agent, in the manner provided by the general law in this State for condemning private property or acquiring the right of use in the same for public purposes, the manner of compensating the owners thereof to conform to the general law. The mayor and council aforesaid shall have power to remove, or cause to be removed, any buildings, steps, fences, gates, posts, or other obstructions or nuisances, in the public streets, lanes, walks or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. [Illegible Text] etc. SEC. 43. Be it further enacted by the authority aforesaid, That the mayor and council of said city are hereby empowered to construct and lay down sewers through the property in said city; provided, that before doing so any damage done to private property Page 585 shall be ascertained and paid in the manner fixed by the general law. Sewers. SEC. 44. Be it further enacted by the authority aforesaid, That the Act entitled An Act to amend the charter of the town of Cairo, in Thomas county, so as to authorize and empower the mayor and aldermen of said town of Cairo to order an election to be held therein to determine whether or not bonds shall be issued by the said town of Cairo, in a sum not to exceed $25,000, and to be sold for the purpose of establishing, building, maintaining and operating a system of electric lights and waterworks, either or both, for said town of Cairo, and to authorize the issuing of said bonds and the assessing, levying and collecting of a tax on all property, both personal and real, in said town of Cairo for the purpose of paying the interest upon said bonds, as well as the principal thereof, and for other purposes, approved August 4, 1903 (Acts 1903, page 484), be, and the said Act is, hereby adopted and re-enacted for the said city of Cairo, in Grady county, created under this Act to succeed the town of Cairo, aforesaid. And all the powers granted under said Act to the mayor and aldermen of the said town of Cairo, shall succeed to and be exercised by the mayor and council of the city of Cairo; and the present system of waterworks and electric lights established under the aforesaid Act shall continue and be completed, maintained and operated by the city of Cairo, and all rights, property and other things acquired by the said town of Cairo under and by virtue of the said Act shall become, and the same are hereby made, the rights and property of the city of Cairo; and all debts and other liabilities or obligations of the said town, contracted and made under and by virtue of the said Act, are hereby made the debts, liabilities and obligations of the city of Cairo. And whenever and wherever the word town appears in the heading or in the body of said Act, throughout, the same is hereby stricken and the word city inserted in lieu thereof, so that the same shall read the City of Cairo throughout, instead of the town of Cairo. Bonds for water and light. SEC. 45. Be it further enacted by the authority aforesaid, That it shall be the duty of the marshal, and all regular or special policemen, to arrest any and all offenders against the laws and ordinances of said city, and this they may do without a warrant or other formal charge against them, when the offense is committed in their presence or the offender is endeavoring to escape, or where they have information and probable cause to suspect the guilt of any person, or persons, of any offense against the laws and ordinances of said city, and in all cases where they have Page 586 reason to suspect that offenders are secreted or being harbored they shall have the right to force an entrance into any place for the purpose of discovering and apprehending the offenders. The officer, or officers, aforesaid shall hold all offenders until a hearing can be had before the proper court, and to this end may imprison said person, or persons, in the city guard-house for a reasonable length of time. Said officers shall have the authority to call to their assistance for the arrest of any offenders any citizen of said city or bystander, and such person, when so summoned, shall be bound to assist in the arrest; and upon failure to do so shall be liable to prosecution in the mayor's court, and, upon conviction, shall be punished as the mayor and council may by ordinance provide. Arrests. SEC. 46. Be it further enacted by the authority aforesaid, That any person who shall have been arrested for the commission of any offense against the laws or ordinances of said city may be released by the arresting officer, or marshal, upon giving bond, with good security, payable to said city, conditioned to pay a certain stated sum in the event said person does not appear before the corporate authorities of said city at the time and place specified in the bond for trial, and from time to time until tried for the offense for which such person was arrested. Appearance bonds. SEC. 47. Be it further enacted by the authority aforesaid, That when any person who has given bond according to the preceding section shall fail to appear as stipulated in said bond, the mayor shall declare said bond forfeited, and the clerk shall issue scire facias directed to the principal and securities requiring them to show cause before the mayor, at a time specified, why the bond should not be forfeited, which scire facias shall be served by the marshal of said city, or by any sheriff or constable of the State, upon the principal and securities, either in person or by leaving same at their places of abode at least ten days before the time fixed for the hearing in said cause. If at the hearing no sufficient reason be shown why the said bond should not be forfeited, the forfeiture shall be made final and absolute, and execution may be issued against the principal and securities for the full amount of the bond, which execution shall be signed and directed as other executions issuing under the authority of said city, and shall constitute the same lien upon the property of said parties in this State as judgments of courts of this State. Forfeiture of bonds. SEC. 48. Be it further enacted by the authority aforesaid, That the mayor, or, in his absence, the mayor pro tem., shall be the chief executive officer of said city. He shall see that the laws and ordinances of said city are executed, and shall have power to Page 587 convene the council at any time, and shall preside over its meetings; it shall be his duty, or, in his absence, the duty of the mayor pro tem., to hold the mayor's court at such times and as often as may be necessary, for the speedy trial of such persons as may be charged with the violation of any of its rules, ordinances, or regulations of said city. He shall have the power to administer oaths within the limits of said city, and shall have all the powers of a justice of the peace as to the commitment of persons violating the laws of this State within the limits of said city, together with all other powers conferred by the general laws upon the mayors of cities of this State. Mayor, powers of. SEC. 49. Be it further enacted by the authority aforesaid, That the mayor, or, in his absence, the mayor pro tem., is hereby empowered to punish violators of the rules, regulations and ordinances of said city by a fine not exceeding $100.00, imprisonment not to exceed forty days, or by work on the streets not to exceed sixty days. And one or more or all of said punishments may be ordered, at the discretion of the mayor, and said fines may be collected by execution issued against all property of the offender, both real and personal, if any to be found. When sitting as a court the mayor, or mayor pro tem., shall have power to punish for contempt, not exceeding $25.00, twenty days' imprisonment, or twenty-five days' work on the streets of said city; he shall have the power to subp[oelig]na witnesses and compel their attendance. From the discretion of the mayor's court in imposing any fine or punishment under this section there shall be no appeal, except by certiorari to the superior court of Grady county. Mayor's court. SEC. 50. Be it further enacted by the authority aforesaid, That the mayor of said city, by and with the consent of the council, may suspend, remit or commute any fine or other penalty he may have imposed, when he believes the ends of justice require it. Power to commute. SEC. 51. Be it further enacted by the authority aforesaid, That in addition to all the foregoing the mayor and council of said city shall have power to define what shall constitute a nuisance in said city, and to prescribe a summary manner in which the same may be abated; to impound cattle and all stock of whatsoever kind that may be running at large in said city, and to make all ordinances that they may deem necessary for the proper government and control of the animals and fowls in said city; and to prevent tramps, street-walkers, vagrants, loiterers, idle peddlers, lewd females, or beggars, or other objectionable characters, from occupying or walking the streets of said city; to grant encroachments upon the streets and alleys in said city on such terms and with Page 588 such restrictions as they deem proper; and to pass all ordinances, rules, orders, regulations, or resolutions, necessary for the execution of the powers conferred by this Act, and necessary or proper for the peace, good order, safety, health, security, morality, temperance, happiness, comfort, convenience and general welfare of said city and its inhabitants. Police powers. SEC. 52. Be it further enacted by the authority aforesaid, That the officers of said city may be paid a just compensation, to be fixed by ordinance of the mayor and council; provided, that the salaries of the mayor and councilmen shall not be increased nor diminished during the term for which they were elected. Compensation of officers. SEC. 53. Be it further enacted by the authority aforesaid, That the said mayor and council shall have full power and authority to establish a fee bill for the officers of said city, not higher than the fees allowed the county officers nor lower than those allowed justices of the peace and constables of this State; they shall also have power, in their discretion, to allow said fees to the officers of said city, or to place same into the treasury of the city. Fees of officers. SEC. 54. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority, in their discretion, to elect a city attorney and to pay for his services such sum as to them may seem reasonable and proper. City attorney. SEC. 55. Be it further enacted by the authority aforesaid, That this Act shall constitute the charter of the City of Cairo, located as above stated, and the same shall go into effect on the first day of September, 1906. Charter. SEC. 56. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 6, 1906. CALHOUN, TOWN OF, CHARTER AMENDED. No. 624. An Act to amend an Act of 1896-1898, to allow the mayor and aldermen of Calhoun to receive fifty per cent. of the amount paid by the citizens of the town of Calhoun for road tax, and allow the same to be paid to the mayor and aldermen. SECTION 1. Be it enacted by the General Assembly of the State Page 589 of Georgia, and it is hereby enacted by authority of the same, That section 3 of the Act of 1896 be amended by striking so much of said section as refers to the payment of the amount raised by said Act, and insert in lieu thereof the following: And when the same is collected, the county treasurer of the county of Gordon shall pay over to the mayor and aldermen of the town of Calhoun fifty per cent. of the amount of tax paid on property within the corporate limits of said town. Calhoun, town of. Road tax. SEC. 2. Be it further enacted, That when the same is collected that the mayor and aldermen of Calhoun, Georgia, shall apply the same to the public roads of said town, and for no other purpose. Road improvements SEC. 3. Be it further enacted, That all laws militating against this Act be, and the same are, hereby repealed. Approved August 20, 1906. CANON, TOWN OF, CHARTER AMENDED. No. 686. An Act to amend an Act entitled An Act to incorporate the town of Canon, in the counties of Hart and Franklin; to provide for a mayor and councilmen and officers of said town; to prescribe their duties, and to provide for the enacting of all necessary ordinances; to provide penalties for the violation of same, and for other purposes, approved December 17th, by adding the following section thereto, viz.: Sec. 13. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to condemn property for the purpose of opening, laying out, widening, straightening, or otherwise changing, streets, sidewalks and alleys of said town; and when the mayor and councilmen shall desire to exercise the power granted in this section it may be done, whether the land sought to be condemned is in the possession of the owner, trustee, executor, administrator, agent or guardian, in the manner provided in sections 4657 and 4658 of volume 2 of the Code of 1895, and Acts amendatory thereof; and amend further by numbering the repealing section 14 instead of 13. 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 entitled An Act to incorporate the town of Canon, in the counties Page 590 of Hart and Franklin; to provide for a mayor and councilmen, and other officers of said town; to prescribe their duties, and to provide for the enacting of all necessary ordinances; to provide penalties for the violation of same, and for other purposes, approved December 17, 1902, be, and the same is, hereby amended by adding thereto the following section, viz.: Canon town of. Sec. 13. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to condemn property for the purpose of opening, laying out, widening, straightening, or otherwise changing, streets, sidewalks and alleys of said town; and when the mayor and councilmen shall desire to exercise the powers granted in this section it may be done, whether the land sought to be condemned is in the possession of the owner, trustee, executor, administrator, agent or guardian, in the manner provided in sections 4657 and 4658 of volume 2 of the Code of 1895, and Acts amendatory thereof. Streets, etc. SEC. 2. Be it further enacted, That the repealing section of said Act be numbered section 14, instead of section 13. 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 20, 1906. CARTERSVILLE, CITY OF, NEW CHARTER. No. 392. An Act to amend, consolidate and supersede the several Acts incorporating the city of Cartersville, in Bartow county, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers 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 inhabitants of the territory now embraced in the corporate limits of the city of Cartersville, located in the county of Bartow, State of Georgia, be, and are, hereby incorporated under the name and style of the City of Cartersville, and the said city of Cartersville is hereby chartered and made a city under the corporate name of the City of Cartersville, and by that name shall have perpetual succession, and are hereby vested with all the rights, powers and Page 591 privileges incident to municipal corporations in this State, or cities thereof, and all rights, powers, titles, property, easements and herditaments, within or without its corporate limits, now belonging to the said city of Cartersville, shall be, and are, hereby vested in the said city of Cartersville, as created by this Act; and the said city of Cartersville, 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 aldermen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business, and the welfare and proper government of said city, as to said mayor and aldermen may seem best, and which shall be consistent with the laws of the State of Georgia and the laws of the United States. And the said city of Cartersville shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, 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 Cartersville, created by this Act, shall succeed to all the rights of, and is hereby made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the said city of Cartersville, and its mayor and aldermen, as a body corporate, as heretofore incorporated. Cartersville, city of. Corporate powers. SEC. 2. Be it further enacted, That the corporate limits of said city shall extend one mile in every direction from the center of the crossing of Market street and the main track of the Western and Atlantic Railroad. Corporate limits. SEC. 3. Be it further enacted, That the four wards in said city, as they now exist, shall remain as now laid out, until changed, and the mayor and aldermen of said city are hereby authorized and empowered, whenever they consider it advisable, to change the lines of said wards and define their several limits. Wards. SEC. 4. Be it further enacted, That the municipal government of said city of Cartersville shall consist of, and be vested in, a mayor and eight aldermen. That the present mayor and the four aldermen of said city, who were elected in January, 1906, shall continue in the offices to which they were elected until the first Wednesday in January, 1908, and the four aldermen who were elected in January, 1905, shall continue in office until the first Wednesday in January, 1907, or their successors are elected and qualified, and said mayor and said aldermen shall exercise all the powers and authority conferred upon the mayor and aldermen Page 592 of said city of Cartersville, created by this charter, and on the third Wednesday in December, 1906, there shall be elected one alderman from each of the wards in said city, who shall continue in office until the first Wednesday in January, 1908, or until their successors are elected and qualified, as hereinafter provided. Mayor and aldermen. SEC. 5. Be it further enacted, That on the third Wednesday in December, 1907, there shall be elected for said city, by the qualified voters therein, a mayor and one alderman from each of the four wards in said city, and four aldermen from the city at large, and biennially thereafter, on the third Wednesday in December, there shall be elected a mayor and one alderman from each ward in said city, and four aldermen from the city at large. All elections for mayor and aldermen under this charter shall be by general tickets. The term of office of the mayor and aldermen elected under the provisions of this section shall be two years, commencing on the first Wednesday in January next after their election, and until their successors are elected and qualified. On the said first Wednesday in January after their election the mayor and aldermen-elect shall meet in the city hall, or other usual place of holding council meetings in said city, and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or alderman, as the case may be) of the city of Cartersville 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 alderman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and aldermen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the city may require, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the aldermen, shall become vacant by death, resignation, removal, or otherwise, the mayor, or, in case his seat is vacant, the mayor and aldermen shall order an election for the purpose of filling such vacancy, or vacancies, by giving notice, such as the mayor and aldermen may by ordinance provide, publishing in a newspaper 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 aldermen as hereinafter prescribed; provided, that in case such vacancy, or vacancies, occur within ninety days preceding the regular elections in said city, then, in that event, the said vacancy, or vacancies, Page 593 may be filled by the mayor and aldermen of said city of Cartersville, and persons so selected shall be duly qualified to fill such vacancies. Mayor and aldermen; election, etc. SEC. 6. 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. Vacancy. 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 said city of Cartersville, shall be managed by a justice of the peace, or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; or by three 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 me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally-sheets. All elections shall be held at the court-house in said city, and the voting shall be by ballot. The polls shall 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 aldermen. The mayor and aldermen shall determine and provide for the pay of the managers, and of any clerks that may be necessary for the holding of the election. Election managers. SEC. 8. 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 with the ballots and seal the same, and shall forthwith deliver the same to the ordinary of Bartow county, Georgia. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and at the first meeting of the mayor and aldermen occurring after the expiration of three days from said election, and within ten days after said election, deliver the said package to the mayor and aldermen, who shall open the same and declare the results. If the results of any election held in said city is contested, notice of said contest shall be Page 594 filed with the ordinary of Bartow 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 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 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. Lists of voters. Contested elections. SEC. 9. Be it further enacted, That the mayor and aldermen at their first regular meeting after election, and annually thereafter, shall elect one of the aldermen 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. 10. 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 two 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. Electors. SEC. 11. Be it further enacted, That no person shall be eligible for the office of mayor or alderman 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 registration laws which may be in force at that time in said city. Qualifications of mayor and aldermen. SEC. 12. Be it further enacted, That at the first regular meeting of the mayor and aldermen which shall be held after said officers are elected, they shall elect a city clerk and treasurer, marshal, who may be chief of police, and as many policemen as in Page 595 the judgment of the said mayor and aldermen shall be necessary; city attorney and such other officers as the mayor and aldermen 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 aldermen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the city of Cartersville. Said mayor and aldermen 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 aldermen, 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 aldermen or officer. All expenditures of the mayor and aldermen 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., after the mayor and aldermen have allowed same. Officers. SEC. 13. Be it further enacted, That the mayor, or the mayor pro tem., and four aldermen shall constitute a quorum for the transaction of any business before the body, and the majority of the votes cast shall determine questions before them; provided, that every question so determined, or ordinance passed, shall receive not less than four votes. On all questions before the said council the mayor, or the mayor pro tem., if he be presiding, 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 aldermen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least five aldermen 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 said city 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, but he may approve same and the measure go into effect immediately. Quorum of council. Veto, etc. SEC. 14. Be it further enacted, That the mayor of said city shall be the chief executive officer of the city of Cartersville. 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 aldermen. He shall have the power to convene the Page 596 general council in extra session whenever in his judgment it becomes necessary. Powers of mayor. 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 alderman of the city may hold and preside over a court in said city of Cartersville, 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 authorities), not to exceed sixty days, and to work on the streets in the city chain-gang, 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 the offense is bailable by a justice of the peace, under the laws of this State, to appear before the superior court of Bartow county, or the city court of Cartersville. Commitments. SEC. 17. Be it further enacted, That the mayor and aldermen of said city 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. 18. 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 Page 597 them in the city prison, or in the jail of Bartow county, for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person, or persons, with violating the criminal laws of this State. The marshal and policeman of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the city of Cartersville; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policeman 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. The city marshal, or any policeman, may take bonds for the appearance of persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, or mayor pro tem. Arrests. SEC. 19. Be it further enacted, That the mayor and aldermen of the city of Cartersville shall have the power to organize one or more chain, or work gangs, and to confine therein persons who have been sentenced by the courts of the city of Cartersville 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. Chain-gang. SEC. 20. 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 and 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 pro tem., and an execution issued thereon by serving the defendant, if any to be found, and his securities with a rule nisi, at least five days before the hearing of the said rule nisi. Appearance bonds. SEC. 21. 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 board of aldermen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, Page 598 defendant pays the accrued cost 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 aldermen shall, as early thereafter as practicable, hear and determine on said case so appealed, and shall investigate the case fully as if same had not been tried; that is, 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 aldermen on the appeal shall have the right of certiorari to the superior court of Bartow 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, as above provided, 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 be governed by the same rules that govern other certioraris, except as above specified. Appeal from police court. Certiorari. SEC. 22. Be it further enacted, That said mayor and aldermen 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 terms of office shall be one year. Said city tax-assessors may at any time be removed from their office by the mayor and aldermen for good and sufficient cause, to be judged by mayor and aldermen, and all vacancies occurring from any cause may be filled by the said mayor and aldermen 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 aldermen 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 aldermen each year, sixty days before the time for collecting taxes. When said return is made, said mayor and aldermen shall appoint a time and place for hearing objections to the assessment, said objections to be heard by said mayor and aldermen, of which public notice Page 599 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 aldermen shall prescribe by ordinance what notice, if any, shall be given. Said mayor and aldermen shall have the 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 aldermen may prescribe. Such city tax-assessors shall have the power to require said taxpayers to furnish them with a list of all notes, accounts, mortgages, stocks, bonds, and other securities and investments, when, in their opinion, their production is necessary for a correct assessment. All assessments 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 aldermen, notice, such as the mayor and aldermen 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 aldermen, after hearing evidence, shall be final. The mayor and aldermen, on the hearing of objections, may increase or decrease the assessment as made by the assessors. Tax assessors. SEC. 23. 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 aldermen have provided for double taxing of defaulters, an 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 thereon, as well as to property which in future may be omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year. The mayor and aldermen may provide by ordinance for notice to parties whose property has been, or may be, assessed for back taxes, and the Page 600 hearing of any complaint. All assessments referred to in this section shall be made by the city tax-assessors. Back taxes SEC. 24. Be it further enacted, That the mayor and aldermen 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 execution shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the non-payment of taxes when due. Taxes, when payable. SEC. 25. Be it further enacted, That the mayor and aldermen 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 (except as such power may be restricted by any existing general laws) 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, hand-bills 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 the mayor and aldermen, and in case said telephone and telegraph company shall fail to remove same within ten days after having been duly notified to do so, said city shall have the right to remove same at the expense of said company, and collect the same by execution. Streets, etc. SEC. 26. Be it further enacted, That the mayor and aldermen of said city of Cartersville 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 mayor and aldermen shall deem necessary; to place or repair such crossings, or to open up and keep open any and all streets in said city; and the mayor and aldermen 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 crossings within five days, or to repair same within twenty-four hours after having been notified to do so by said city, the mayor and aldermen 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. 27. Be it further enacted, That the mayor and aldermen Page 601 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, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, dynamite, or other combustible or explosive substances 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, etc. SEC. 28. Be it further enacted, That said mayor and aldermen 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 the 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, such amount as the mayor and aldermen may provide by ordinance. Said mayor and aldermen 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 fully with all the requirements of the said ordinance made in reference thereto. Licenses. SEC. Be it further enacted, That said mayor and aldermen shall have full power and authority to license billiard-tables, pooltables, tenpin-alleys, and all tables kept and used for the purpose of playing, gaming or renting, all tenpin-alleys, ninepen-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. Gaming tables, etc. SEC. 30. Be it further enacted, That said mayor and aldermen 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 brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Brokers. SEC. 31. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to license, regulate Page 602 and control all markets in said city, opera-houses, 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 rink, and all circuses, side-shows and all other shows and performances exhibiting in said city, and all persons 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 not exempt from license. Specific taxes. SEC. 32. Be it further enacted, That the mayor and aldermen of said city shall have the 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 to regulate the manner in which they must be kept if allowed to remain. 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 aldermen. Concerning animals. SEC. 33. 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 mayor and aldermen. Eligibility to office. SEC. 34. Be it further enacted, That the mayor and aldermen 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 aldermen 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 Page 603 thereof. The mayor and aldermen may abandon such proceedings at any time upon payment of accrued costs. The mayor and aldermen shall have full power and authority to remove, or cause to be removed, any buildings, steps, fence, gate, posts, or other obstructions or nuisance 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. 35. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel and drainage of the sidewalks, streets, squares, public lanes, and alleys of said city. In order to carry into effect the authority above, the said mayor and aldermen shall have power and authority to assess the cost of paving and otherwise improving the sidewalks, including not more than one-third of the cost of the necessary curbing or the real estate abutting on the said sidewalks. Said mayor and aldermen shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings, or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and one third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on the street shall pay not more than two-thirds of the entire cost, in the discretion of the mayor and aldermen, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve said streets in such proportion as the mayor and aldermen may prescribe. Said mayor and aldermen shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the street, or portion of the street, so improved, or according to area or value of said property, either or all, as may be determined by ordinance. That the amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The mayor and aldermen shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed, for the amount assessed against the owner at the date of ordinance Page 604 making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in case of other sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal shall have authority to eject occupants and to put purchasers in possession; provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the superior court of Bartow county, and then tried and the issue determined, as in cases of illegality, subject to the penalties provided as in case of illegality filed for delay. The mayor and aldermen shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad company, or other propertyholder or occupant of the street the option of having the space to be paved by them paved by themselves, or by a contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property, and on street railroad or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in each case. Said mayor and aldermen shall have power and authority to prescribe by ordinance such other rules as they may, in their discretion, think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said city; to enforce by execution the cost thereof against the adjacent property-owner and railroad companies, and to provide how the agents or owners thereof shall be served with notice by personal service or by publication. Street improvements assessments for. SEC. 36. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to establish, construct and maintain, or to permit any person, company or corporation to construct and maintain one or more systems of sewerage and drainage, or parts of such systems, in said city, and around said city, for the health, cleanliness and comfort of its inhabitants; and the said mayor and aldermen shall have entire and absolute control and jurisdiction over all said pipes, private drains and sewers, water-closets, privies and the like, in said city, with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all Page 605 particulars as may seem best for the preservation of the health of the inhabitants of said city, and with power also to require changes in or the total discontinuance of any of such contrivances or structures already in existence, or that may hereafter be allowed. When any system of sewerage or drainage shall be constructed by the said mayor and aldermen, assessments may be made and executions may issue for the expense thereof, under the same rules and governed by the same provisions as assessments and executions for paving, grading, or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions in this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply in so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and aldermen by appropriate ordinances. Drains and sewers. SEC. 37. Be it further enacted, That in case any sewer or sewers, or parts of same, shall be located upon, or through, private property, and the owners of said property refuse to grant a right of way for that purpose, and such owner and the authorities of said city can not agree upon the damages to be paid for such easement, the damage shall be assessed as in case of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed, notwithstanding the entering of any appeal. Compensation for easements. SEC. 38. Be it further enacted, That said mayor and aldermen may provide by ordinance for the execution of the provisions of these sections regarding sewers, drainage and sanitation, except as to the taking of private property for the construction of sewers, by such boards, committees or officers as they deem best. Authority delegated. SEC. 39. Be it further enacted, That for the purpose of the preservation of the health of the inhabitants of said city, the mayor and aldermen are empowered to extend their systems of sewerage or drainage beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage systems and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said systems. Extent of drains and sewers. SEC. 40. Be it further enacted, That said mayor and aldermen shall have full power and authority to make an assessment on the various lots of land and lot-owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and aldermen are hereby empowered to Page 606 collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot from the date of the assessment. The execution shall be issued and enforced in the same manner that other executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and aldermen shall have the power and authority to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than twenty-five feet front, and no business lot less than twenty feet front; provided further, the assessment made under this section shall not be made on vacant lots, and residence lots shall not be subdivided for assessments. Sanitation tax. SEC. 41. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the said city of Cartersville, the mayor and aldermen of said city shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking, and every other species of property in said city, or owned or held therein, of not exceeding one dollar on one hundred dollars, exclusive of the taxes for public schools as now authorized by law; and that for the purpose of providing a sinking-fund for the purpose of paying the principal of any bonds heretofore issued, or that may be hereafter issued, by said city authorities, and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and aldermen shall have power and authority to provide by ordinances for the returns of all taxable property in said city, and to provide penaltie for neglect or refusal to comply with same. Ad valorem tax. SEC. 42. Be it further enacted, That the jurisdiction of the mayor and aldermen and the territorial limits of said city of Cartersville, are hereby extended, for police and sanitary purposes, over the lands now owned, and that may hereafter be acquired, by said city at its waterworks station on Etowah river and the adjacent lands; also over lands hereafter acquired for waterworks purposes, and the pipes and mains of said waterworks system, and they shall have power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, whereever found, within or without the limits of said city. The mayor Page 607 and aldermen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage; also, over the territory embraced in the city cemetery and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating same, whether found within or without the limits of said city. Extent of police and sanitary limits. SEC. 43. Be it further enacted, That the mayor and aldermen shall have full power and authority to contract for, or to condemn any water-rights 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, and Acts amendatory thereof. Right of condemnation. SEC. 44. Be it further enacted, That said mayor and aldermen 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 aldermen 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 aldermen, 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 aldermen, and said property-owners who fail to connect any water-closet or urinal on the premises with the sanitary sewers of said city within the time prescribed by said mayor and aldermen may make such connections, 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 Page 608 in manner prescribed in this Act for the enforcement of executions in favor of said city. Sanitary regulations SEC. 45. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall divide the real estate of said city into what shall be known as sanitary lots, and shall assess, levy and collect from the owner or owners of each of said lots a tax of one dollar per year from each lot, which shall be known as a sanitary tax, and which shall be in addition to the other taxes in this charter authorized, and which shall be collected as other taxes under this charter are collected, and which shall be kept in a separate account, and which shall be used for the improvement and betterment of the sanitary condition of said city in such manner as they shall prescribe, and used for no other purpose whatever. Sanitary tax. SEC. 46. Be it further enacted, That the mayor and aldermen of said city may be 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 aldermen may by ordinance provide. The chairman of the committee on sanitary affairs of said city shall be ex officio a member of the board of health. It shall be their duty to meet as often as necessary, or as the mayor and aldermen may prescribe, and to visit every portion of the city, and to report to the mayor and aldermen all nuisances which are likely to endanger the health of the said city or any inhabitant. Said mayor and aldermen shall have power, upon report of the said board of health, to cause such nuisance 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 aldermen 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 other executions are collected. Board of health. SEC. 47. Be it further enacted, That said mayor and aldermen 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 said mayor and aldermen may elect, to comply with the requirements of the said mayor and aldermen, Page 609 by draining or filling said lots or cellars, it shall be lawful for said mayor and aldermen to have this work performed and the amount so expended collected by execution, and the sale under such execution shall pass complete title to the property. Nuisances. SEC. 48. Be it further enacted, That said mayor and aldermen 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 shall have concurrent jurisdiction with the mayor and aldermen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. SEC. 49. Be it further enacted by the authority aforesaid, That from and after the passage of this Act no person or persons shall be allowed to sell, either by wholesale or retail, or furnish in any manner whatever, except in cases of sickness or accident, any whiskey, brandy, gin, beer, ale, bitters, cider, or any other spirituous liquors of an intoxicating nature within the limits of the city of Cartersville. Sale of intoxicants prohibited. SEC. 50. Be it further enacted, That said mayor and aldermen 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 Cartersville, 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 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 Cartersville. Penalties. SEC. 51. 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 when the mayor and aldermen 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 aldermen shall have full power and authority to abate as a nuisance any place in said city when said mayor and aldermen 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 aldermen, or said mayor, shall have full power and authority to cause the marshal and policeman of said Page 610 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 aldermen shall have full power by ordinance to carry into effect and to enforce the provisions of this section. Blind-tigers SEC. 52. Be it further enacted, That said mayor and aldermen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city of Cartersville, 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, 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 elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and aldermen 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 aldermen 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. 53. Be it further enacted, That said mayor and aldermen 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. Buildings. SEC. 54. Be it further enacted, That said mayor and aldermen 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 pesthouse 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 pesthouse 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 persons to be vaccinated, whether they be permanent residents or Page 611 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. 55. Be it further enacted, That it shall not be lawful for any official of said city to be interested, either directly or indirectly with the city of Cartersville, the mayor and aldermen, 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 and aldermen, or other officer of the city shall, on conviction thereof, be punished as for misdemeanor under the Code of Georgia. Municipal contracts. SEC. 56. Be it further enacted, That said mayor and aldermen of said city of Cartersville shall have the 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. 57. Be it further enacted, That all ordinances heretofore adopted by the mayor and aldermen of said city of Cartersville for said city, 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 aldermen of said city may, at any time, repeal, alter or amend any of said ordinances. Existing laws. SEC. 58. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city 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 they may fix; provided, that no such franchise shall be granted for a term of more than twenty years, nor without compensation to said city, to be provided for in said franchise ordinance, which compensation shall not be less than the following per cent. annually, received from or on account of said franchise or its use, to wit: For the first five years, one per cent. per annum; for the second five years, two and one-half per cent. per annum; for the next ten years, five per cent. per annum. This compensation shall be paid annually, and a failure to thus pay the same shall work a forfeiture of said franchise. Franchises. SEC. 59. 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 Page 612 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 ordiance of said city escape, he may be apprehended wherever found in this State, and the warrant of the mayor, mayor pro tem. 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. Arrests of fugitives. SEC. 60. Be it further enacted, That the mayor and aldermen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and aldermen, whenever necessary, to examine into the working of and business of any office, or conduct of any officer, and said committee, or mayor and aldermen conducting said examination, shall have power to send for persons and papers, compel the attendance of persons summoned, swear witnesses, compel the production of books and papers, and all disclosures pertinent to such investigation. Supervision of officers. SEC. 61. Be it further enacted, That the mayor and aldermen shall have full power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fees of officers. SEC. 62. Be it further enacted, That the mayor and aldermen shall provide for said city a safe and suitable prison for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. City prison. SEC. 63. Be it further enacted, That said mayor and aldermen shall have full power to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Lewd houses and gaming places. SEC. 64. Be it further enacted, That the city of Cartersville created by this Act shall have power and authority to establish, own, maintain and operate a system of waterworks, electric light plants, gas works and sewerage system, or any of them, for the purpose of supplying its inhabitants and the city, as well as consumers generally, within said city and its suburbs, with water, lights, electricity or gas for power purposes, sewerage, or any of them, and the mayor and aldermen of said city shall have the power to do any and all things necessary for such purposes, to contract with any person for the purchase of land or premises, and water-rights, to be used in connection therewith, whether within or Page 613 without the city, and if necessary, to condemn the same as in this charter provided. Said mayor and aldermen shall have the authority to make contracts for the purchase of plants, machinery and appliance, and do any acts necessary in connection with same, not in conflict with the powers vested in the water, light and bond commission, created by this Act, for said city. Water and light. SEC. 65. Be it further enacted, That a water, light and bond commission of the city of Cartersville is hereby created, to be composed of three discreet and conservative business men of the city, to be chosen by the mayor and aldermen as follows: They shall, as soon after the passage of this Act as practicable, select from the citizens of Cartersville three commissioners, one to serve one year and until his successor is elected and qualified; one for two years, and until his successor is elected and qualified, and one for three years, and until his successor is elected and qualified, and the successor of each of those first appointed shall hold their office for three years and until their successors are elected and qualified, and at the expiration of the term for which each commissioner was chosen his successor shall be elected. The said commission shall handle and control such sums as shall from time to time be turned over to it for the purpose of raising a sinking-fund for the final redemption of the bonds of the city which now exist or which may hereafter exist, as well as provide for the payment of the interest which may become due on the present or any future bonds of the city of Cartersville. Bond commission. SEC. 66. Be it further enacted by the authority aforesaid, That the city clerk and treasurer shall immediately open an account on their books with the said commission, and shall pass over to said commission all the taxes collected under existing laws, or which may be raised in future for the purpose of paying any bonded debt or interest thereon, due by or against the city of Cartersville, and the mayor and aldermen shall pay over to said commission annually a sufficient sum to pay the accruing interest and the amount required by law, to be held as a sinking-fund for the final redemption of the entire bonded indebtedness. Said commission shall have power to invest any of the moneys in its custody in valid State, county and municipal bonds, and to dispose of the same, and to reinvest the proceeds, and in their discretion to buy up the bonds of the city, or any of them, before maturity, paying premium therefor, in their wise discretion, and said mayor and aldermen shall each year appropriate a sufficient sum of money also to defray the necessary expenses of the commission. Interest and sinking fund. SEC. 67. Be it further enacted, That said bond commission Page 614 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 in said city, giving a full and accurate statement of all the moneys in their hands, and of the amount and maturity of the outstanding bonds of the city, and on all other matters that go to illustrate the matter over which they have jurisdiction. Reports of bond commission. SEC. 68. Be it further enacted, That said water, light and bond commission shall have power to elect annually the following officers, who shall hold their respective offices for one year, or until their successors are elected and qualified, unless removed there-from by said commission, to wit: A superintendent and engineer, and clerk (who may be the city clerk), to define the duties of each of said officers, and to appoint such other agents and persons as may be necessary to carry on and operate said waterworks, gas and electric light plant; to fix the salaries and the pay of all such officers and employees, and to alter the same from time to time, at their discretion; to manage and control the entire gas, electric light and waterworks system of said city, and to maintain, repair and extend the same; to erect, alter and maintain fire-plugs and public hydrants, poles and wires and lights, in such places within the limits of said city as the mayor and aldermen may direct, and to regulate the use thereof; to supply the city with lights and water for fire purposes, sprinkling the streets, flushing the sewers, and for lighting the streets, and for such other purposes as may be necessary or required by the mayor and aldermen; to regulate and distribute the use of water and lights in all places and for all purposes; to fix the price, time and place for payment for the uses thereof; to collect and expend the income of the gas, electric light and waterworks system for the purposes herein named, and to pay all surplus income and money received into the treasury of the city; to issue executions against tenants and landlords, jointly and severally, for lights and water rents, due by them or either of them, to be levied and collected as other executions in favor of said city; to require payment in advance or at maturity, as they may elect, and in case payment shall not be made as required, to shut off the lights and the water from all buildings, places and premises, and to keep the same at their discretion shut off, until all arrears, with interest thereon, shall be fully paid; and to make such rules and regulations as they may see fit and proper for the sale and distribution of the products of these plants. That said commissioners shall make no contracts for the use of the water for longer period than two years, nor shall they, Page 615 by any contract, limit or restrain their power, or that of their successors, to make contracts with other persons, or to modify or to discontinue such as they may make whenever, in their judgment, it may be necessary for them to do so. The city treasurer shall be ex-officio treasurer of said board, and said treasurer and clerk shall give bonds in such sums as the board may require, payable to said board. That said commissioners may remove without cause any person appointed by them; that said commissioners shall make quarterly returns to the mayor and aldermen of said city of all receipts and disbursements made by them, and of such other matters as they may see fit or the council may require. The compensation of said commission shall be fixed by the mayor and aldermen of said city. Powers of bond commission. SEC. 69. Be it further enacted, That said commission shall be amenable to the mayor and aldermen of said city, and they shall be subject to removal from office for neglect of duty or for malfeasance therein, on trial and conviction thereof by such mayor and aldermen. Commission amenable to council. SEC. 70. Be it further enacted, That said commissioners may pass such ordinances, rules and regulations as they may see fit and proper for the protection of said systems, and the mayor and aldermen shall have the right and authority to punish all persons for violations of the same. Regulations of commission. SEC. 71. Be it further enacted, That the mayor and aldermen of said city 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 city. Abatement of nuisance SEC. 72. Be it further enacted, That no person shall be allowed to vote in any election held in said city, for any purpose, who has not been duly registered as hereinafter provided. Electors. SEC. 73. Be it further enacted, That it shall be the duty of the clerk, upon the first Monday in November of each year, to open a registration book for the registration of the qualified voters of said city. Said book shall be kept open at such hours as the mayor and aldermen may provide each and every day (Sundays and legal holidays excepted) until the second Wednesday in December, when it shall be fairly and absolutely closed. It shall be the duty of the clerk, upon application in person, and not by Page 616 proxy, of any male citizen who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed, and demanded by the authority of the city, and who, upon the day of election, if then a resident, will have resided in said city for sixty days prior thereto, to allow such person to register his name and color, recording on said book, besides the applicant's name, his age, occupation, or business, and the locality in the city where he resides. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county six months, and in this city sixty days next preceding this registration, or that by the date of the next city election, if still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of the city until the day of the election; that you are twenty-one years old; that you have paid all taxes due the city of Cartersville, and all taxes required by the laws of this State, except taxes for this year, and that you have made all returns required of you by the ordinances of this city; so help you God. Registration of voters. SEC. 74. Be it further enacted, That it shall be the duty of the clerk and treasurer to prepare a list of the names registered, arranged in alphabetical order. It shall also be the duty of the clerk to furnish the managers of the election at or before the opening of the polls on the day of the election with a complete list of all the registered voters, arranged in alphabetical order, certified to under the hand of the clerk, and the corporate seal of the city. Said lists shall be kept by the managers before them for their inspection during said election, and they shall not permit any one to vote whose name does not appear upon the list, and when said election is over, it shall be the duty of the said managers to return said lists to the city clerk, to be by him safely kept and preserved. For any intermediate or special elections in said city for any purpose, the clerk shall open the registration book at least thirty days before said intermediate or special election, and close same five days before the day of election, and furnish the lists as hereinbefore provided. The registration lists of white and colored voters shall be made out separately. Notice of the opening of such registration book shall be given in such manner as the mayor and aldermen may prescribe. Lists of voters. SEC. 75. Be it further enacted, That all persons voting at any Page 617 city election who is not qualified to vote, according to the provisions of this charter, shall be guilty of a misdemeanor, and, upon conviction thereof in the State court having jurisdiction, he shall be punished as prescribed by the laws of this State for illegal voting. Illegal voting. SEC. 76. Be it further enacted, That all executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demand, or debt, shall be issued by the clerk and bear test in the name of the mayor (except when otherwise provided in this charter), and shall be directed to the marshal of said city, and to all and singular the sheriffs and constables of this State, and shall state for what issued and be made returnable to the mayor and aldermen of said city ninety days after the issuing of the same; and it shall be the duty of the 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 sheriff's sales of real property or constable's 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 sheriff's and constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sale under executions for State and county taxes. Whenever any land is sold for taxes, 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 city may bid off such property for said city, and the marshal, or such other officer making the sale, shall make the city of Cartersville 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 city in possession, and the mayor and aldermen shall have no right to divest 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, Page 618 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. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by the sheriffs of this State, and the officer making the sale shall have the same power as the sheriff to put purchasers in possession of property sold by them. Executions, how issued and enforced. SEC. 77. Be it further enacted, That said mayor and aldermen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws, and the procedure in such trials. Accusations and warrants. SEC. 78. Be it further enacted, That said mayor and aldermen of Cartersville shall have full power and authority to acquire, on behalf of the city of Cartersville, 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. 79. Be it further enacted, That the mayor and aldermen of said city shall have power to adopt and enforce ordinances for the protection of shade trees on the streets and public places in said city and to prevent the cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless same is done with the consent and under the direction of the said mayor and aldermen, or some officer appointed to direct same. Shade trees, etc. SEC. 80. Be it further enacted, That the mayor and aldermen of said city of Cartersville may require and compel all male persons between the ages of sixteen and fifty, subject to road duty under the laws of Georgia, to work on the streets of said city not to exceed fifteen days in each year, at such time or times as the mayor and aldermen may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars, in any one year, as said mayor and aldermen may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street-tax assessed in lieu thereof, after having received due notice so to do, as said mayor and council may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city, shall be fined in any sum not exceeding twenty-five dollars, or imprisoned in the city prison, or Page 619 by labor on the chain-gang of said city not exceeding thirty days. Said mayor and aldermen may pass such ordinances as they may deem proper for the purpose of enforcing this section. Street work or tax. SEC. 81. Be it further enacted, That any of the officers of the said corporation of the city of Cartersville 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 aldermen, or other officers 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. Official acts SEC. 82. Be it further enacted, That the issue of the bonds of said city of Cartersville in the sum of forty thousand dollars authorized by a majority of two-thirds of the voters of said city at an election held in said city on the sixteenth day of June, 1906, for the purpose of providing an electric light plant for said city, and the improvement of the waterworks, and the gas plant belonging to said city, are hereby declared to be, and are, confirmed as the bonds of the city of Cartersville, created by this Act; provided, said bonds are confirmed and validated as provided by law, and said bonds, when issued and sold, shall become the debt and a part of the bonded indebtedness of the city of Cartersville, created by this charter, and the mayor and aldermen of said city are authorized and empowered to assess, levy and collect, annually, a tax on all the taxable property of said city, as the other taxes are collected; to provide a fund to pay off said bonds as they fall due, and the annual interest thereon, in addition to the other taxes authorized by this Act. Bonds confirmed. SEC. 83. Be it further enacted, That the mayor and aldermen of said city of Cartersville shall have power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city, to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and aldermen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and aldermen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all the officers of said city, and to do any and Page 620 all other acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations, provided said laws, ordinances, rules and regulations are consistent with the laws of the State. General welfare. SEC. 84. Be it further enacted, That said mayor and aldermen shall have the power to control and regulate the running and operating of all locomotives, trains, street-cars, and all vehicles for transportation of persons or freight; to prevent unnecessary noises from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes, and provide penalties and enforce same for violations thereof. Control of transportation companies. SEC. 85. Be it further enacted, That the mayor and aldermen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalty for violation thereof. Loitering. SEC. 86. Be it further enacted, That in case the mayor, or any alderman, while in office shall be guilty of malpractice and 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. 87. Be it further enacted, That it shall be the duty of the mayor and aldermen of said city to provide fire protection therefor, and they shall have power to organize and equip a department for this purpose, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and for providing any buildings necessary therefor, and to adopt such ordinances and regulations as will best promote the object of this section and for the protection of property from fires. Fire department. SEC. 88. Be it further enacted, That the mayor and aldermen of said city shall have power to impose a tax on all dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city policemen to kill any dog, or dogs, running at large in said city whose owners fail or refuse to comply with such ordinances. Dog tax. SEC. 89. Be it further enacted, That the assessors of property of said city for taxation shall, in assessing land which is used for agricultural purposes alone, first ascertain what value said land may have by reason of its being within the corporate limits of said city, then ascertain its value for purely agricultural purposes alone, and deduct this purely agricultural value from the value Page 621 first ascertained, and the amount of value, after such deduction, shall be assessed and subject to taxation as other property in said city; provided, that the provisions of this section shall not apply to any lands laid out in town lots, or offered for sale as town lots, nor to any lands not actually cultivated in some of the ordinary farm products. Tax on agricultural land. SEC. 90. Be it further enacted, That nothing contained in this Act shall modify, change, alter or in any manner interfere with the Act of the General Assembly of Georgia establishing a public school system for the said city of Cartersville, approved December 24, 1888, and the Acts amendatory thereof, which Act and the amendatory Act are hereby confirmed and hereby expressly declared to be, and shall continue, in full force and effect. Public school system. SEC. 91. Be it further enacted, That authority to carry out and effectuate by ordinances, and to provide a penalty for the violation of said ordinances, whenever in their discretion the mayor and aldermen may deem it necessary, and all further power granted to the said city of Cartersville, as created by this Act, is hereby expressly conferred on the mayor and aldermen of said city now in office and their successors. Powers of mayor and aldermen. SEC. 92. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Cartersville, and the city of Cartersville, and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with and at variance with this Act, are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Former charter and amendments. Approved August 1, 1906. CENTER, TOWN OF, INCORPORATED. No. 557. An Act to incorporate the town of Center, in the county of Jackson, 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 Page 622 State of Georgia, and it is hereby enacted by the authority of the same, That the town of Center, in the county of Jackson, State of Georgia, be, and the same is, hereby incorporated under the name and style of the town of Center, with the municipal government thereof vested in a mayor and four 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 Center, any estate, real or personal, of whatsoever kind or nature, and shall by the said name of the town of Center be capable to sue and be sued, plead and be impleaded in any court of law and equity in this State. Center, town of, incorporated. Corporate powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Center shall be in extent onehalf mile from the depot in each direction along the railroad, making said town one and one-half miles long and one-quarter of mile in each direction wide, making said town one-half mile in width. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Saturday in October, 1906, and every year thereafter, there shall be held in said town an election for mayor and four councilmen who shall hold office for one year 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:.....,.....,.....,....., are hereby constituted the officers in charge of said town government. Mayor and councilmen, election of. SEC. 4. Be it further enacted by the authority aforesaid, That 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 of 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 freeholders of said town. Each of said managers, before entering upon his said duties, shall take an oath before a person authorized to administer oaths, or before 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 by law to vote for members of the General Assembly and has paid all town taxes. Officers, election of. Page 623 SEC. 5. Be it further enacted by the authority aforesaid, That in case of a vacancy in any of the offices of mayor or councilmen by death, resignation or otherwise, all authority is hereby given to the remaining councilmen to fill such vacancies. 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, and is a qualified voter. The persons elected shall be notified of their election by the managers, 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 entered on the 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 councilman of the town of Center by adopting such measures as in my judgment will be best calculated to promote the general welfare of said town, and not violative of this charter; so help me God. Qualifications and 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, and a town marshal, and such policemen as they may deem necessary and proper and to hold their offices for such time and under such rules and regulations as the mayor and council may prescribe in their 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 performance of their duties. The mayor and council may also appoint special police for 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 (1-10) 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, once in each year, and a time of assessing and collecting taxes shall be fixed by ordinance of the council; also to levy and collect such special taxes, business, occupations, theatrical exhibitions, including circuses and shows, and all kinds of itinerant traders, peddlers, auctioneers and all other trades, games and occupations, subject to special tax under the State law, as Page 624 they may deem proper; provided, that no tax shall be levied upon persons selling country produce, when the same is grown or produced by the vender or person for whom the vender is acting. The mayor and council 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 said sale; and in case of levy on real estate by return to sheriff of Jackson county, who shall advertise and sell in same manner as prescribed by State law for levies made on real estate and returned by constable. Ad valorem and special taxes. 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 in said town, or may receive in lieu thereof a commutation 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 board of roads and revenues of said county 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 power of eminent domain and to condemn private property in laying out and extending new streets, or widening streets in existence, upon first paying just and adequate compensation or damage therefor, condemnation proceedings to conform to the Acts of eighteen ninety-four (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 ($50.00) or labor on the streets of said town, or on the public works of said town, or confine in the guard-house not to exceed sixty days; either one or all of these penalties may be imposed, in the discretion of the court trying such offenders; Page 625 fines to be collected by execution issued by the clerk 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 fines, as may be imposed, not exceeding sixty days in guard-house. Punative powers. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or his inability from any cause to serve, the mayor pro tem., 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. Mayor's court. SEC. 13. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor except a qualified voter in said town and a freeholder. The mayor and council are hereby authorized to prescribe by ordinance the duties of mayor, mayor pro tem., and other officer of said town. Qualifications and duties of mayor. SEC. 14. Be it 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; to make all necessary fire-regulations, to abate nuisance, to protect the public health and promote peace and good order in said town. General welfare. SEC. 15. 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 council, and the same shall never be exercised under this charter. Sale of liquors. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and council have full power and authority to provide by ordinance for the punishment of any person or persons who keep or have within said town any intoxicating liquors of any kind whatever for the purpose of sale. Penalty for selling liquor. SEC. 17. 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 justice of the peace to issue warrants against offenders against the laws of this State, to hold courts of inquiry and to commit Page 626 to jail or bind over such offenders to appear at the proper court having jurisdiction to try such offenders. Mayor and councilmen ex-officio justices of the peace. SEC. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 21, 1906. CHATSWORTH, TOWN OF, INCORPORATED. No. 499. An Act to incorporate the town of Chatsworth, in Murray county, and to prescribe rules and regulations for the government 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 the town of Chats-worth, in the county of Murray, be, and the same is, hereby incorporated, and the bounds and limits of said town shall include all of lots of land number 203, in the ninth district and third section of said county, and shall include so much of lots 230 and 231 in said district and section as are included in the official map of the Chatsworth Land Company, the total area being three hundred and thirty (330) acres, more or less. Chatsworth town of, incorporated. Corporate [Illegible Text]. 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 a full term of six months just preceding their election to office; said municipal government shall be styled the town of Chatsworth, 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, 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 or 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 627 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 violation 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 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 term of office for the mayor and councilmen of said town shall be 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 person or persons causing such vacancy. Mayor and councilmen, election. 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 Chatsworth, 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 freeholders, all to be residents of said town or a justice of the peace of the county of Murray, and two such freeholders who, before entering upon the discharge of their duties, shall take and subscribe the following oath: All of us swear that we are qualified to hold an election for the town of Chatsworth, under its charter; that we will faithfully superintend this day's election, and make just and true returns 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 manager in the capacity in which he acts. Said oath may be administered by any person in Murray county authorized 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. Page 628 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 eight o'clock a.m. till three 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 results 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 thirty days, and at the expiration of said time he shall destroy them without inspection, unless notice of a contest of said election be filed. Elections. SEC. 6. Be it further enacted by the authority aforesaid, That all persons residing in the town of Chatsworth 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 have resided in said town six months just prior to the day of the election, shall be considered electors and entitled to vote in said town election, and no other 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 the following oath, in addition to the oath required by all civil officers of this State: I do solemnly swear that I will truly perform the duties of mayor (or councilmen, as the case may be) of the town of Chatsworth 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 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 the term of office; provided, however, the salary of the mayor shall never exceed the sum of fifty dollars per annum. Said mayors 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; provided, that no salary Page 629 shall be paid any officer until a vote of a majority of said town shall recommend the payment of same, said vote to be taken at any regular election of mayor and councilmen of said town. Salary of mayor and councilmen. 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 a 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 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 ten dollars, either or both. In the absence 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 power 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 courts. 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 they shall have power 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 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 Page 630 in said town, and they may prohibit any encroachment 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 street and alleys in said town, and for these and 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 ordinance, not in conflict with the laws of the State of Georgia or the United States, to prohibit the storage or keeping for any illegal purposes within the corporated limits of said town any wines, beer, malt,, alcoholic or intoxicating drinks of any kind, and to punish any person for violating such ordinances. General welfare. 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 thirty 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 four 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 five 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 tax, fines, forfeitures, commutation 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 Murray county, that the property may be by said sheriff advertised and sold in the manner Page 631 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 Murray 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. Executions against delinquents, how enforced. 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 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, Code of 1895 of the State of Georgia, said property to be assessed at its value on the first 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 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 occupation, 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. Taxes. 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, Page 632 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, duties and powers. 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 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 charges, 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. Mayor's court. 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 own 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 cost. 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 Page 633 and cost, 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 marshal 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. Commitments. 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 the services performed by them, not to exceed the fees allowed the sheriffs, clerks, tax-collectors and justices of the peace for similar service, 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, how made. SEC. 25. Be it further enacted by the authority aforesaid, Page 634 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 the violating 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. Chain-gang 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 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. Approved August 18, 1906. CHIPLEY, TOWN OF, PUBLIC SCHOOL SYSTEM. No. 492. An Act to establish public schools in the town of Chipley; to provide for the maintenance of the same; to provide for the issuance of bonds for the purpose of building schoolhouses and furnishing the same; to provide for acquiring property and buildings to be used for school purposes; to provide for raising revenues to maintain said schools; and to authorize said schools, when established, to accept pupils who are not residents of said town upon payment of reasonable tuition, and for other purposes. SECTION 1. The General Assembly of the State of Georgia Page 635 do enact, That within ten days after this Act shall be ratified by the voters of the town of Chipley, as hereinafter provided, the mayor and council of Chipley shall elect by ballot from the citizens of said town, who shall be freeholders therein, five persons, who shall constitute the board of education for said town. At said election one of said persons shall be elected for a term of two years, two for four years, and two for six years, and thereafter their successors shall be elected for terms of six years. All vacancies in said board from death, resignation, removal from the town, or otherwise, shall be filled by the mayor and council at their first regular meeting after said vacancy occurs. Chipley, town of. Board of education. SEC. 2. That said board of education shall have authority to devise, design, and adopt, a system of public schools in said town; to modify the same from time to time; to establish such schools as they may see proper; to prescribe the curriculum, appoint and employ teachers for said schools, and a superintendent of the same, if deemed necessary; to suspend or remove such teachers and superintendent; to fix their compensation; to provide schoolhouses by rent, building, purchase, or otherwise, in the discretion of said board; to make and hold titles to any such property; and to make such by-laws, rules and regulations for their own government and that of the superintendent, teachers and pupils of said schools as they may deem proper, and not in conflict with the laws of this State; and to do any and all acts promotive of the best educational interests of said town, not in conflict with the provisions of this Act or the laws of this State. Public school system SEC. 3. That the officers of said board shall be a president, vice-president and a treasurer, who shall also be secretary of said board, and such other officers as the board may deem advisable, all of whom shall be elected by said board. The treasurer shall be elected from said board, and shall give bond, with good security, in such sum as the board may fix. His compensation, if the board deems it proper to allow him any, shall be fixed by the board previous to his election. All the officers of said board shall hold their offices at the pleasure of said board. No member of the board of education shall be eligible to the office of superintendent of schools, or to the position of teacher therein. They shall serve without compensation. Officers of board. SEC. 4. That said board of education shall keep regular minutes of its proceedings, and shall furnish, from time to time, to the mayor and council an estimate of the funds required for the maintenance of said schools, and shall make a report annually, on the first Monday in August, to said mayor and council of the Page 636 condition of public schools, the attendance thereon, the receipts and expenditures for the school year ending July 31st, with such other information and recommendations as they may deem proper, which report shall be published in the newspaper published in said town, if any. Reports of board. SEC. 5. That the revenues derived by the town of Chipley from the following sources shall be appropriated to the support and maintenance of said public schools, and shall be, as collected by the corporate authorities thereof, turned over to said board of education, to wit: 1st. All proceeds from the grant of licenses to sell spirituous liquors by said town authorities. 2d. The town's pro rata share of the State school fund. 3d. That mayor and council shall levy such tax upon all the property in said town subject to taxation as will be sufficient, when added to the sums received from the above-mentioned sources, to support and maintain said schools for at least nine scholastic months in each year, and shall collect the same by the first day of May and pay it to said board of education; provided, that said tax shall not exceed one-half of one per cent. per annum upon said taxable property. No part of said tax shall be used for any other purpose than in the support and maintenance of public schools, and in providing furniture and buildings therefor. School fund SEC. 6. That said board shall be entitled to receive, and it shall be the duty of the county school commissioners of Troup, Harris and Meriwether counties to pay over to the said board, when received, the pro rata share of the State school fund for said counties belonging to said town, as based upon the total number of children of school age, whose parents or guardians live within said town. Pro rata share of State school fund. SEC. 7. Be it further enacted, That in conformity with article 8, section 4, paragraph 1 of the Constitution of this State, an election shall be held in the town of Chipley, on such day as the mayor and council of said town may fix, on the question of establishing and maintaining public schools in said town. All persons shall be entitled to vote in said election who have registered for said election, as hereinafter provided. All voters who favor the adoption of this Act, in so far as it relates to public schools in said town, shall have on their ballots the words For public schools, and those opposed shall have on their ballots Against public schools. Said election shall be held as elections for officers of said town are held, and in case two-thirds of the qualified voters in said town shall in said election vote For public schools, Page 637 then said public schools may be established, as hereinafter provided. The mayor and council shall declare the result of said election. If the result of said election shall be against public schools, then the mayor and council of said town may order an election annually upon such question until the provisions of this Act are adopted by a vote of two-thirds of the qualified voters of said town. It shall be the duty of the mayor and council of said town, thirty days prior to the date that may be fixed for said election, or any subsequent election that may be held under the provisions of this Act, to provide a registration book, open the same and keep it open up to and including the day of said election, in which all persons qualified to vote for members of the Legislature under the laws of the State of Georgia, and who have paid all taxes legally imposed and demanded by the town of Chipley, and who have resided in said town for six (6) months prior to the opening of said registration book, shall be entitled to register in said book; said book to be kept open in the office of the mayor of said town, who is hereby declared to be the registrar of said town; the number of qualified voters in said town to be determined by said registration book. Notice of all elections under this Act shall be advertised as provided by law. Notice of the opening of said book shall be given by posting a notice thereof before the postoffice door in said town on the day of the opening of said books. The returns of said election, or any subsequent election that may be held under the provisions of this Act, shall be made and the result shall be declared as in election for officers of said town. In case of contest, notice of the same shall be given to the mayor and council of said town within three (3) days, and said mayor and council shall hear and determine the same. In case notice of contest is not given in three days, no contest of said election shall be had. Election for public schools. SEC. 8. Said board of education shall be amenable to said mayor and council, and any member thereof may be removed for cause by said mayor and council. Before members of said board of education shall enter upon the duties of their office each shall take and subscribe to the following oath: I,....., do solemnly swear that I will faithfully discharge the duties of the office of member of the board of education for the town of Chipley, Georgia, to the best of my ability; so help me God. Board amenable to council. SEC. 9. Be it further enacted, That all children who are entitled to the benefits of the public school fund of this State shall be admitted to said schools. But separate schools for whites and Page 638 negroes shall be maintained. Non-resident pupils may be admitted to said schools upon payment of reasonable tuition, to be fixed by said board of education. The said board of education may, by a majority vote, refuse to admit any child or pupil to said schools, or may expel them from the same at any time, if in the judgment of said board of education it would be detrimental to the moral or general welfare of said schools, or the pupils thereof, to allow them to enter or remain in said schools. School children SEC. 10. Be it further enacted, That the mayor and council of said town of Chipley shall have the power and authority to issue bonds of said town, not to exceed eight thousand ($8,000) dollars in amount, to be of the denomination of one hundred ($100.00) dollars each, to be due and payable at any time within twenty (20) years after issue, as the said mayor and council shall determine. Said bonds shall bear interest at the rate of six (6) per cent. per annum, which interest shall be paid annually. The proceeds from the sale of said bonds shall be applied to the purchase of school property to be used for school purposes, and for building and equipping proper schoolhouses. Said bonds shall be signed by the mayor and countersigned by the recorder of said town, and shall be sold in such way and manner as the mayor and council shall determine to be for the best interest of said town. Before issuing said bonds there shall be an election held in the same manner as that provided for in section seven (7) of this Act, in which election all persons voting shall have written or printed on their ballots the words For school bonds or Against school bonds, and if two-thirds of the qualified voters in said election shall vote for school bonds the mayor and council shall issue said bonds, making provision at or before the time of so doing for the assessment and collection of an annual tax sufficient to pay principal and interest of said debt, when, and as, such bonds and interest shall become due and payable. School bonds. 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. Approved August 17, 1906. Page 639 CHULA, TOWN OF, CHARTER REPEALED. No. 397. An Act to repeal an Act entitled An Act to incorporate the town of Chula, in Irwin county, approved August 15, 1904. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act entitled An Act to incorporate the town of Chula, in Irwin county, approved August 15, 1904, be, and the same is, hereby repealed. Chula, town of, charter repealed. Approved August 1, 1906. CLARKSTON, TOWN OF, PUBLIC SCHOOL SYSTEM. No. 633. An Act to amend the Act approved December 21, 1898, for establishing a local school system in the town of Clarkston, so as to provide that the pro rata share of the school fund coming to said school system shall be paid over directly by the State School Commissioner, and to authorize the mayor and council of said town to levy a rate of one-half of one per cent. tax for school purposes, instead of one-fourth of one per cent., as now provided by law. SECTION 1. The General Assembly of Georgia hereby enact that the Act of December 21, 1898, authorizing a system of public schools in the town of Clarkston, in DeKalb county, be so amended that from and after the present school year the State School Commissioner shall pay over directly to the board of education of said town the pro rata share of the State and county school fund to which said town may be entitled, instead of having the same paid through the county school commissioner, as is now provided by section 17 of said Act of 1898, hereby amended. Clarkston, town of, pro rata share of State school fund. SEC. 2. Be it further enacted, That after the present year the mayor and council of said town shall be authorized and empowered to assess, levy, and collect annually, a tax in addition to the regular town tax, which shall not exceed one-half of one per cent. Page 640 on all the taxable property of said town, instead of one-fourth of one per cent., as limited by section 12 of said Act of 1898, hereby amended, which said one-half of one per cent. hereby authorized shall be for school purposes, as provided in section 12 of said Act of 1898. School tax. SEC. 3. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. Approved August 20, 1906. CLIMAX, TOWN OF, NEW CHARTER. No. 566. An Act to amend the charter of Climax and to create a new charter for the town of Climax, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the municipality of Climax, in Decatur county, is hereby incorporated as, and declared to be, one of the towns of this State. Clmax, town of, incorporated. SEC. 2. Be it further enacted, That the municipal government of said town of Climax shall be vested in a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the Town of Climax, and by that name and style shall have perpetual succession, shall have a common seal, and be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain to them and to their successors for the use of the town of Climax, any estate or estates, real or personal, of whatsoever kind or nature, and shall, by the said name of The Town of Climax, be capable to sue and be sued, plead and be impleaded, in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the present corporation of the town of Climax. Mayor and aldermen. Corporate powers. SEC. 3. Be it further enacted, That the corporate limits of the town of Climax shall be and remain as now fixed by law; provided, however, that it shall rest within the discretion of the mayor and aldermen to at any time call an election for the incorporation of any contiguous territory as a part of said town, whenever as many as twenty-five resident freeholders and owners Page 641 of said territory shall petition the said mayor and aldermen therefor, which said election shall be held as the said mayor and aldermen may by ordinance prescribe, and all the qualified voters in said territory sought to be so incorporated shall be eligible to vote thereat, and if a majority of the votes cast in said election be in favor of incorporation, said territory shall be declared duly incorporated as a part of the town of Climax. Corporate limits. SEC. 4. Be it further enacted, That on the first Monday in January, 1907, there shall be held in said town an election for a mayor and four aldermen for said town, who shall hold office for the term of two years, and until their successors are elected and qualified. Elections shall be held every two years after the one herein provided for, and all officers elected thereat shall hold office for said term of two years, and until their successors are elected and qualified. The mayor and aldermen in office under the present town government shall continue to serve under this Act until the end of the term for which they were respectively elected. Mayor and aldermen, election. SEC. 5. Be it further enacted, That this Act shall not be construed as destroying and ending the powers hitherto conferred upon the municipality of Climax by the General Assembly, but all such powers, rights, duties and privileges heretofore conferred, and which are not inconsistent with what is herein enacted, are hereby conferred upon the said town of Climax. Existing laws. SEC. 6. Be it further enacted, That the laws now of force prescribing the qualification of voters of election in said town. the registration of voters therein, and the manner of holding and conducting elections in said town, are hereby re-enacted and made applicable to the said town of Climax. Voters, etc SEC. 7. Be it further enacted by the authority aforesaid, That with the consent of two-thirds of the qualified voters of said town the mayor and council shall have power and authority to issue bonds for the erection of public schools in said town, and to levy an annual tax, not to exceed one-half of one per cent., upon the assessed taxable property of said town 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 the time of their election, and all vacancies in said board of trustees shall be filled by said town council at its first regular meeting after said vacancy occurs. Said trustees shall receive no compensation for Page 642 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 town. 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 citizens of said town. The public schools shall be under the supervision of the mayor and councilmen. That after such public school system shall be adopted by said town, the board of education of Decatur county shall not grant any license to, or any contract with, any person to teach a school of any character in said town, nor shall any of the State fund be paid to any school other than herein provided for, and it shall not be lawful for said county board of education to establish or maintain any school, or schools, within two miles of the corporate limits of said town. 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 trustee. On the last day of each calendar year said trustees shall make a full report to the town council of all their actings and doings during the past twelve months, and said report shall be spread upon the minutes of the town council. Public schools. SEC. 8. 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 town of Climax, for the use of the schools therein, under such 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 town, to be by said board of public school trustees expended in the establishment and maintenance of said public schools in said town of Climax, as may be authorized by the Constitution and laws of this State. Pro rata share of State school fund. SEC. 9. Be it enacted by the authority aforesaid, That with the consent of two-thirds of the qualified voters of said town 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 town, to purchase a site within said town for building, Page 643 and issue and sell bonds of said town to pay for said building; to levy and collect a tax on all property within said town from year to year, to pay accruing interest on maturing bonds issued to pay for said building; and to levy an annual tax, not to exceed one-half of one per cent., upon the assessed taxable property of said town, to maintain and pay for said building, by issuance of school building bonds. School bonds. SEC. 10. Be it further enacted, That the ordinances of the corporation of the town of Climax now in force shall be, and are, hereby made ordinances of the town of Climax, and shall be enforcible as such until changed or repealed by the mayor and aldermen of said town. Ordinances SEC. 11. Be it further enacted, That the aldermen of said town shall elect from said number a mayor pro tem., who shall have the same authority in all manner as is given the mayor, whenever the mayor, for any reason, can not, or will not, act. Mayor pro tem. SEC. 12. Be it further enacted, That the persons elected as mayor and aldermen shall attend on the first Monday after the election, at the council chamber, for the purpose of qualifying and taking the oath of office. The mayor and each alderman so elected shall take and subscribe before some officer authorized to administer the same the following oath: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor (or alderman, as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the town of Climax, and the common interest thereof; so help me God. They shall then immediately enter upon the discharge of the duties of their respective offices. Oath of mayor and aldermen. SEC. 13. Be it further enacted, That in case of vacancy among the members of the board of aldermen, either by death, or resignation, failure to elect, removal from office, removal from town, or if for any other reason said office should become vacant, the board of aldermen shall order an election by the qualified voters of said town to fill the vacancy, in which case ten days' notice of the date of said election shall be given in some public gazette of said town. Vacancies. SEC. 14. Be it further enacted, That no person shall be eligible as mayor unless he be the age of twenty-one years and shall have been a resident of said town at least two years immediately preceding the election, and that no person shall be eligible as alderman unless he be at least twenty-one years of age and shall Page 644 have been a resident of said town for at least one year immediately preceding the election. Qualifications of mayor and aldermen. SEC. 15. Be it further enacted, That the mayor and aldermen shall constitute the legislative department of the town government. The mayor shall be the presiding officer of the said legislative department, and the chief executive officer of the town. It shall be the duty of the mayor to see that the laws of the State and the ordinances of the town are faithfully executed within the limits of the territory over which the town government extends. He shall keep the board of aldermen 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 may call the board of aldermen together at any time when deemed necessary by him. The mayor, when presiding over the legislative department of the town government, shall only vote in case of a tie. Mayor and aldermen, powers of. SEC. 16. Be it further enacted, That the salary of the mayor shall be prescribed by the ordinances, and shall not be increased or diminished during his term of office. Salary of mayor. SEC. 17. Be it further enacted, That in case the mayor, or any alderman, while in office, shall be guilty of any malpractice, any wilful neglect in office, or abuse of the powers confided in him, he shall be subject to be indicted in the superior court of Decatur county, and, on conviction, shall be fined a sum not exceeding one hundred dollars, and shall be removed from office. The said fine may be collected by execution, and shall be paid to the town treasurer for the use of the town. Malpractice SEC. 18. Be it further enacted, That the following municipal officers shall be elected by the mayor and aldermen at the first meeting after the regular town election, to wit: A chief of police, town clerk, treasurer. These officers shall be elected for a term of two years, and until their successors are elected and qualified, and shall perform such duties and receive such compensation as may be prescribed by ordinance. Officers. SEC. 19. Be it further enacted, That all officers and agents elected by the mayor and aldermen shall be at all times subject to the jurisdiction of, and amenable to their discipline, who shall have power to suspend, fine or remove any of said officers by a majority vote, but the mayor, for good cause, may suspend any officer or agent until the next meeting of the board of aldermen thereafter. Liabilities of officers. SEC. 20. Be it further enacted, That the mayor and aldermen Page 645 shall also have power to elect such other officers and agents as may be deemed necessary for the good government of said town and as may be authorized by the ordinances of said town, and to prescribe the duties and fix the compensation of said officers and agents. Officers and agents SEC. 21. Be it further enacted, That the mayor and aldermen may require such an oath from the officers and agents of said town and such bond to indemnify the town from loss by reason of their default as may by ordinances be prescribed. Oath and bonds of officers. SEC. 22. Be it further enacted, That the mayor shall be the presiding officer in the police court of said town, and shall have the power to try all offenders against the laws and ordinances of said town, and to inflict such penalties as may be prescribed therefor. Said court shall have the power to punish for contempt in a sum not to exceed fifty dollars, or imprisonment not to exceed thirty days, either or both, in its discretion, and shall have the power to enforce the same by execution and attachment. The presiding officer of said court shall have the power to bind over any defendant on trial before him who shall appear by the evidence to be guilty of a State offense. In case of the absence or disability of the mayor, or in case of a vacancy in said office, the mayor pro tem., or, in his absence, any member of the council shall preside. The mayor and aldermen of the town shall have the power to prescribe the rules of procedure in the said police court and to fix the costs therein. Police court. SEC. 23. Be it further enacted, That the said town of Climax shall have the following powers: (1) To assess and collect an ad valorem tax upon all property, both real and personal, within the limits of the said town, not to exceed the constitutional limit; to levy and collect a specific or occupation tax on all business, occupations, professions, callings, or trades, exercised within the town as may be deemed just and proper; to fix a license on theatrical exhibitions, circuses, and shows of all kinds, on drays and hacks, hotels, boarding-houses, restaurants, fish-stands, billiards, pool and other kinds of tables, tenpins and bowling alleys, butcher-shops, livery-stables, auctioneers, and upon all other classes or kinds of business legitimately coming within the police power of the town; but said mayor and aldermen, and their successors, shall never have authority to license or authorize or allow the sale of any spirituous, vinous or malt liquors in said town. Taxation. (2) To provide by ordinance for the return or assessment, or Page 646 both, of all real and personal property for taxation at its true cash market value and no more, to double-tax defaulters, to prescribe the time, or times, at which same shall be due, and shall have the power to enforce the same by execution issued by the clerk, directed to the chief of police, and bearing test in the name of the mayor, and sales thereunder shall be had as prescribed in sections 732, 733, 734 and 735 of the Political Code of 1895. Tax returns. (3) To provide by ordinance for the registration of all business occupations that are subjected to a specific or license tax, and shall have the power, in their discretion, to enforce the collection of same by execution, as in the previous section provided. Registration of business. (4) To levy and collect a street-tax upon each male inhabitant of the town between the ages of sixteen and fifty years, inclusive; provided, such tax shall not exceed the sum of $3.00 per annum for each person, and such person may satisfy the same by working ten days on the streets under the directions of the municipal authorities. In case of failure so to work, or to pay such tax, said town may enforce the same by compulsory labor on the streets, at its discretion. Street tax. (5) To try all nuisances within the town, to define what shall constitute a nuisance, to cause any nuisance likely to endanger the health of the town, or any part thereof, to be abated in a summary manner; to charge the expense of abating the same against the person causing the nuisance, or to the owner of the premises on which the same exists, and to enforce the collection of the same by execution. Nuisances. (6) To regulate butcher-pens, butcher shops, tanyards, livery stables, fish stands, restaurants, or any other business in which decaying animal or vegetable matter, or in any in which noxious odors may become dangerous and injurious, or offensive to the public, or in any part thereof; to license same only in such localities as may be the least offensive to the public, and to revoke the license of same when they prove dangerous or injurious, as aforesaid. Police regulations. (7) To regulate and control blacksmith shops, forges and all stoves and chimneys, and to cause same to be removed or remedied, as safety from fire may dictate; to create fire limits, to enlarge the same from time to time, and to prescribe the material out of which buildings shall be constructed therein; to regulate the construction of doors in places of public gatherings, and to require the erection of fire escapes in all buildings, not private residences, three or more stories high. Fire limits. Page 647 (8) To regulate and control all hotels and public houses within the town. Hotels, etc. (9) To take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the town. Animals. (10) To require owners of lots to drain the same; to fill up excavations or depressions; to drain cellars and cisterns, and to fill up same if necessary, and upon failure to do so, after reasonable notice, to have same done at owner's expense and enforce collection of the amount so expended by an execution against said property on which said work was done. Drainage. (11) To regulate all vehicles of every kind or character used in the town for profit in the transportation of passengers, freight, or both; to provide for the inspection of same, and to fix the rates of fare and carriage thereon. Transportation. (12) To lay off, vacate, close, open and alter streets and alleys in the town, to prohibit any one from the opening or laying out any new street or alley; to regulate the width of sidewalks, and to pave, repave or repair the pavement of same at the expense of the owners of real estate adjoining property, and against the owner of same, which shall be issued and levied as executions for the taxes; also to lay off and construct cross-walks, drains and gutters, and to keep the same in good order and repair. Streets, etc. (13) To grade, pave, macadamize, or otherwise improve for travel or drainage, any of the streets of the town or any portion of the street. Street improvements (14) To construct or extend sewers in any of the streets or alleys of said town, or any of the territory thereof; to assess such parts of the cost of same on the real estate abutting on the street or alley in which same may be extended, according to frontage, as may be just and reasonable, and to enforce the same by execution against the abutting real estate, and the owner thereof in the same manner as an execution for taxes. Construct sewers. (15) To grant encroachment upon the streets or alleys of the town on such terms and in such manner as may be by ordinance prescribed. Encroachments. (16) To remove, or cause to be removed, all obstructions upon the streets, alleys or sidewalks of the town; to require all persons, before building upon or improving any real estate, to make applications for permit, showing the kind and character of the structure or improvement to be made. Obstructions and building permits. Page 648 (17) To punish for vagrancy committed within the limits of said town. Vagrancy. (18) To regulate all machinery, including stationary and locomotive engines within the town, and to make all such needful rules and regulations for the same as will guard the citizens, or any portion thereof, against annoyances by unnecessary volumes of smoke, and disagreeable and unnecessary noises. Machinery. (19) To establish markets and regulate the same; fix the hours of sale therein; prohibit the sale of marketable commodities elsewhere within the town, and pass all ordinances that may be deemed necessary and proper to control and regulate marketing within the town. Markets. (20) To organize a chain-gang and to put at compulsory labor thereon all persons convicted of violating any of the ordinances of the town. Chain-gang. (21) To institute all sanitary measures necessary to the preservation of the public health, and likewise for the prevention and regulation of infectious and contagious diseases, and exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by ordinances. Sanitation. (22) To prohibit the renting or keeping of any house as a bawdy house, disorderly house, or house of ill fame, and to prescribe penalties for the violation of said prohibition. Lewd houses. (23) To own, use and operate for municipal purposes, and for profit, a system of water-works and electric lights; to make rules and regulations regarding the use of the same, and to provide by ordinances for the punishment of those who illegally use said water or light. Water and light. (24) To pass all ordinances that may be deemed requisite and proper to the peace, security, welfare, health and convenience of the town or its inhabitants. General welfare. (25) To punish for a violation of an ordinance of said town in a sum not to exceed two hundred dollars, or imprisonment or compulsory labor on the public works, not to exceed three months, and any one or more of these punishments, in the discretion of the court. Penalties. (26) In addition to the powers herein enumerated, and the powers which have heretofore been conferred upon said municipality and which are not in conflict with those herein granted, the said town shall have all additional powers which may be necessary for the good of the government of said town, the welfare of Page 649 the citizens and which can constitutionally be conferred upon said town. General welfare. SEC. 24. Be it further enacted, That said mayor and aldermen shall have the power to condemn unsafe public buildings, to prescribe what are public buildings, to prescribe the method of procedure to be followed in exercising said power of condemnation, and are hereby granted every power necessary to be exercised for said purposes. Condemnation of buildings. SEC. 25. Be it further enacted, That said mayor and aldermen shall have the power to condemn for corporate purposes all classes of property, whether private, public or quasi public; to fix the method of procedure in exercising such powers, and to pay such damages to the owner of said property as may be just and reasonable. Condemnation of property. SEC. 26. Be it further enacted, That neither the mayor nor the aldermen shall be interested in any contract made with the town during his term of office. Municipal contracts. SEC. 27. Be it further enacted, That the recitals in deeds under a sale for municipal taxes or assessments in said town shall be evidence of the facts so recited in any court in this State, and shall be taken as prima facie true. Tax sales. SEC. 28. Be it further enacted, That the mayor and aldermen of said town shall have the power and authority to adopt a code of ordinances, and to amend and repeal the same, or any part thereof. Code of ordinances. SEC. 29. Be it further enacted, That the mayor and aldermen shall not grant any exclusive public franchise to any person or corporation. Franchises. 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. Approved August 21, 1906. Page 650 COLLEGE PARK, CITY OF, CHARTER AMENDED. No. 643. An Act to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the city of Manchester; to provide for incorporating said city under the name of College Park, and for other purposes, approved December 16, 1895, by amending the second section thereof so as to extend the limits of said city of College Park, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act incorporating the city of College Park, approved December 16, 1895, be, and the same is, hereby amended as follows: College Park. That section 2 of said Act be amended so that the corporate limits of said city of College Park, as defined therein, 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: The east half of land lot 192, in the fourteenth district of originally Henry, now Fulton, county, Georgia, the line bounding the west side of said east half of said land lot being a line drawn from a point on the south line of said land lot, midway between the southwest and southeast corners of said land lot, to a point on the north line of said land lot, midway between the northwest and northeast corners of said land lot; and also the following described tract of land situated in the fourteenth district of originally Henry, now Fulton, county, Georgia, beginning at the northwest corner of the present corporate limits of the city of College Park and extending thence due north a distance of seven hundred and eighty (780) feet, thence due east a distance of five thousand (5,000) feet, thence due south a distance of seven hundred and eighty (780) feet to the present limits of said city, and thence due west along the present northern limits of said city a distance of five thousand (5,000) feet to the point of beginning. Corporate limits. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 651 COLQUITT, TOWN OF, DISPENSARY LAW AMENDED. No. 925. An Act to amend an Act entitled An Act to amend an Act entitled `An Act to establish and maintain and regulate a dispensary in the town of Colquitt, in the county of Miller, for the sale of ardent spirits, malt liquors, wines, cider and other intoxicants; to establish and perpetuate a board of commissioners for the management of said dispensary, and for other purposes, approved December 1, 1902, amended and approved August 18, 1903, the same having been amended by an Act approved August 15, 1904, to be amended by striking from said Act section thirteen (13) as amended and approved August, 1903, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the above-recited Act be, and the same is, hereby amended by striking section 13 of the Act approved August 18, 1903, and inserting the following in lieu thereof: Colquitt, town of. Sec. 13. Be it enacted, That after paying all expenses of said dispensary, the net proceeds shall be equally divided between the city of Colquitt, the common schools of the county of Miller, and the county of Miller. Apportionment of net proceeds of dispensary. That it shall be the duty of the county commissioners of said county to settle up all claims and expenses of said dispensary and then they shall turn over one-third of the net proceeds of said dispensary to the city authorities of Colquitt, one-third to the board of education or county school commissioner, to be used and apportioned to each school as the school board of education may deem it best for the common schools of said county, and one-third to the commissioner of roads and revenues for Miller county; provided, however, that this Act shall not be put into effect until the first day of January, 1907. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 652 COMMERCE, CITY OF, CHARTER AMENDED. No. 618. An Act to amend an Act incorporating the city of Commerce; to consolidate and amend the several Acts amendatory thereof, so as to increase, extend and define the powers of the said city of Commerce, so as to give said city the power to do any and all things incident to municipal corporations; to confer additional powers on the mayor and council of said city of Commerce; to provide for the enacting of all necessary ordinances, rules, regulations and by-laws, and provide penalties for the violation of the same; to confer on said municipal authorities the power to grant franchises to a person, persons, firm or corporation, for a term or terms of years; and the power to make and enter into any and all contracts incident to municipal corporations for a term or terms of years, and to make the same binding on the said municipal authorities for said term or terms of years, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 1 of the charter of the city of Commerce be amended by adding to the end of said section the following words, to wit: and to confer on said municipal authorities the power to grant franchises to a person, persons, firm or corporation for a term or terms of years; and the power to make and enter into any and all contracts incident to municipal corporations for a term or terms of years, and to make the same binding on said municipal authorities for said term or terms of years, so that said section, when amended, shall read as follows: Commerce, city of. Franchises. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory hereinafter designated and defined are hereby corporated under the name and style of the city of Commerce, and made a body corporate and politic with perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any courts of law and equity in this State; shall be capable in law and 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 the said city of Commerce, and may sell and otherwise dispose of the same Page 653 for the benefit of said city as the mayor and council may deem proper; said mayor and council shall have authority to pass all ordinances, rules, regulations and by-laws not in conflict with the Constitution and laws of this State, of the United States or of this charter, that may seem best and proper for the general welfare of said city and the inhabitants thereof, and to confer on said municipal authorities the power to grant franchises to a person, persons, firm or corporation for a term or terms of years, and to make the same binding on said municipal authorities for said term or terms of years. Corporate powers. SEC. 2. Be it further enacted, That section 5 of said charter be amended by striking from the eighth line the words sixty and days, and inserting in lieu thereof the words twelve months, so that said section, when amended, shall read as follows: Sec. 5. Be it enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem., shall have full power and authority to hold at such times and places, and under such rules and regulations as may be prescribed by ordinances, a mayor's court for said city, and impose such fines and penalties for violations of the city's ordinances as may be prescribed therein, not exceeding five hundred dollars and imprisonment and labor on the public works and streets of said city not exceeding twelve months; provided, however, that such authority may be conferred upon any member of the council to so act as mayor pro tem. Mayor's court. SEC. 3. Be it further enacted, That section 13 of said charter be amended by striking from said section all the words that appear in said section between the word thence at the end of line 6 and the word thence in the twenty-sixth line, and inserting in lieu thereof the words along Homer street to corporate limits; thence with corporate limits southeast to its intersection with State street; thence with State street to its intersection with Central avenue; thence with Central avenue to beginning-point. Second ward shall be bounded as follows: Beginning at the above-mentioned iron pin, thence with Central avenue to its intersection with State street; thence with State street to corporate limits; thence with corporate limits southeast to a point southeast of Madison street, where the corporate limits intersect; thence with the corporate limits southwest to said railway; thence along said railway to beginning-point. The third ward shall be bounded as follows: Beginning at the above-mentioned iron pin, thence with Central avenue southwest to corporate limits; thence with corporate limits southeast to the point Page 654 where corporate limits intersect; thence with corporate limits northeast to said railway; thence with said railway to the beginning-point. Fourth ward shall be bounded as follows; Beginning at the above-mentioned iron pin, thence with said railway to Homer street; thence with Homer street to corporate limits; thence with corporate limits northwest to point where corporate limits intersect; thence with corporate limits southwest across said railway to point where corporate limits intersect; thence with corporate limits southeast to Central avenue, so that said section, when amended, shall read as follows: Sec. 13. Be it enacted by the authority aforesaid, That said city shall be divided into four wards. The first ward shall be bounded as follows: Commencing at an iron pin in the center of the Southern Railway tracks in front of C. W. Hood's store-house, now occupied by W. B. Hardman as a drug-store, where Central avenue crosses said railway; thence along said railway to Homer street; thence along Homer street to corporate limits; thence with corporate limits southeast to its intersection with State street; thence with State street to its intersection with Central avenue; thence with Central avenue to beginning point. Second ward shall be bounded as follows: Beginning at the above-mentioned iron pin, thence with Central avenue to its intersection with State street; thence with State street to corporate limits; thence with corporate limits southeast to a point southeast of Madison street, where the corporate limits intersect; thence with corporate limits southwest to said railway; thence along said railway to beginning point. Third ward shall be bounded as follows: Beginning at the above-mentioned iron pin, thence with Central avenue southwest to corporate limits; thence with corporate limits southeast to the point where corporate limits intersect; thence with corporate limits northeast to said railway; thence with said railway to the beginning corner: Fourth ward shall be bounded as follows: Beginning at the above-mentioned iron pin, thence with said railway to Homer street; thence with Homer street to corporate limits; thence with corporate limits northwest to a point where corporate limits intersect; thence with corporate limits southwest across said railway to a point where corporate limits intersect; thence with corporate limits southeast to Central avenue; thence along Central avenue to beginning corner. There shall be one councilman elected from each of these four wards, who shall hold their terms of office for two years and till their successors are elected and qualified. City wards. SEC. 4. Be it further enacted, That section 35 of said charter be amended by adding at end of said section the following Page 655 words: That the mayor and council of said city shall have full power and authority to contract with any person, natural or artificial, for a term or terms of years, to furnish said city and its inhabitants with electric lights or water upon such terms and conditions as they may think best, and to grant to such person, persons, firm or corporation franchises and rights to the use of the streets of said city for the purpose of installing said electric light and waterworks systems, or either of them, so that said section, when amended, shall read as follows: Sec. 35. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to establish a system of waterworks and electric lights in said city for the purpose of supplying water and lights to said city and the inhabitants thereof, and to do any and all things necessary for said purposes; to contract with any person or persons for the purchase of lands and premises for plants either within or without said city's limits; to make contracts with the inhabitants of said city, and to pass all ordinances, rules and regulations necessary and proper for said purposes; that the mayor and council of said city shall have full power and authority to contract with any person, natural or artificial, for a term or terms of years to furnish said city and its inhabitants with electric lights or water upon such terms and conditions as they may think best, and to grant to such person, persons, firm or corporation franchises and rights to the use of the streets of said city for the purpose of installing said electric light and waterworks systems, or either of them. Water and light. SEC. 5. Be it further enacted, That section 38 of said charter be amended by striking from the fourth line the word fifty between the words of and thousand, and inserting in lieu thereof the words seventy-five, and also by inserting between the words city and said, in the thirteenth line, the words and also for paving the streets, establishing a fire department, a city chaing-gang and sewerage and drainage systems for said city, so that said section, when amended, shall read as follows: Sec. 38. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to issue bonds of said city in such sums and at such times as they shall see proper, not to exceed the aggregate sum of seventy-five thousand ($75,000) dollars of the denomination of $500.00 each, to become due and payable at such times not exceeding twenty-five years from the date of the issue thereof, as said mayor and council shall determine, and bear interest not exceeding six per Page 656 cent. per annum, said bonds to be issued, sold and hypothecated for the purpose of establishing, maintaining and operating said waterworks or electric light systems, or both, and for establishing and aiding in the establishing of a free-school system for said city, and also for paving the streets, establishing a fire department, a city chain-gang and a sewerage and drainage system for said city; said bonds to be signed by the mayor and countersigned by the clerk under the corporate seal of said city, and shall be negotiated in such manner as said mayor and council shall determine to be for the best interest of said city; provided, however, that said bonds shall not be issued until the same shall have been submitted to a vote of the qualified voters of said city and approved by a two-thirds vote by the qualified voters of said city voting at such election. Bonds for water and light. SEC. 6. Be it further enacted, That applications for writs of certiorari to review the judgments of the mayor's court are hereby authorized and allowed, and that such application shall be made to and sanctioned by the judge of the superior court and filed within ten days after the decision, and not later. In all other respects, except as to the time in which such application is to be made, it shall be governed by the same rules and regulations as control applications for writs of certiorari from the justices courts of this State. Certiorari. SEC. 7. Be it further enacted, That the city of Commerce is hereby authorized and empowered to organize and maintain a city chain-gang, and to do any and all things for establishing, maintaining and operating the same. Chain-gang SEC. 8. Be it further enacted, That the city of Commerce is hereby authorized and empowered to organize and maintain a fire department, and to do any and all things necessary for the organization and maintenance of the same. Fire department. SEC. 9. Be it further enacted, That the mayor and council shall have authority to pass ordinances and regulations preventing idleness and vagrancy within the corporate limits of the city, and to prescribe penalties for the violation of the same. Vagrancy. SEC. 10. Be it further enacted, That all sales of real or personal property under any process whatsoever that are allowed by the laws of this State to be made by municipal corporations of this class are hereby authorized to be made by the city of Commerce, and that all such sales of real or personal property shall be made under the same rules and regulations as now control the sale of real or personl property in this State, whether made by the marshal of the city, the sheriff of the county, or constable Page 657 of the district in which said city is situated, and the deeds from either of the aforesaid officers, made in accordance with such, shall pass all the title to the purchaser that existed in the defendant. Claims or illegalities may be interposed to such sales under the same rules and regulations as now exist, or may hereafter exist for the interposition of claims and illegalities in the several courts of this State, and all such claims and illegalities are to be returned to the court having jurisdiction of the same in accordance with the laws governing the return of claims and illegalities in this State. Sales for city taxes, etc. SEC. 11. Be it further enacted, That the said mayor and council shall have full power and authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations and prescribe penalties for the violation of the same, necessary for the purpose of establishing and maintaining said board of health, and to pass ordinances and regulations and prescribe penalties for the violation of the same to prevent the spread of any infectious and contagious diseases; also, to make and enforce an ordinance to compel vaccination of all persons within the corporate limits of said city; also to isolate any person or persons afflicted with any infectious disease, by confining such person or persons within premises provided by said mayor and council within or without the corporate limits of said city; also to isolate any person or persons exposed to any infectious or contagious disease during the period of incubation of such disease by confining such person or persons during such period within premises provided by the mayor and council either within or without the corporate limits of said city; provided, that no person or persons shall be isolated who are able and willing to pay the hire of proper persons to be selected by the mayor and council to guard the premises in which they are, so as to prevent egress from and ingress into said premises during the time in which there is any probability of the spread of any infectious or contagious diseases from such person. Said board of health are hereby authorized and empowered to enter upon the private premises of any citizen in said city at any time to inspect the same, and they shall make recommendations to the city council on matters pertaining to the health, comfort and sanitary conditions of the city. Sanitation and quarantine SEC. 12. Be it further enacted, That the mayor and council shall have full power and authority in their discretion to appoint or elect a sanitary inspector who is hereby authorized and empowered to enter upon the private premises of all citizens of said city Page 658 as often as directed by the mayor and council for the purpose of inspecting the sanitary condition of the same and he shall make a thorough inspection of the sanitary conditions of the city inspecting all private property therein, all sewers, drains, wells, ditches, privies, etc., and report the result of his inspection to the mayor and council and to the board of health and perform such other duties as may be required of him by the mayor and council. Sanitary inspector. SEC. 13. Be it further enacted, That the mayor and council are authorized to elect or appoint, in their discretion, a city physician and prescribe the duties of said physician. City physician. SEC. 14. 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. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. CORDELE, CITY OF, CHARTER AMENDED. No. 476. An Act to amend an Act of the General Assembly of the State of Georgia entitled An Act to incorporate the city of Cordele, in the county of Dooly, define its limits, prescribe its municipal powers and privileges, and for other purposes, approved December 22, 1888, and all subsequent Acts of the General Assembly of Georgia amendatory thereof, so as to extend the corporate limits of said city of Cordele, Georgia, by annexing to the territory already included in said city the west half of lots of land numbers two hundred and forty-seven (247), two hundred and forty-eight (248) and two hundred and forty-nine (249), in the tenth land district of originally Dooly now Crisp county, Georgia; also to exclude from the corporate limits of said city all of lot of land number two hundred and fifteen (215) that lies west or north of Gum creek, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the Page 659 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 incorporate the city of Cordele, in the county of Dooly, define its limits, prescribe its municipal powers and privileges, and for other purposes, approved December 22, 1888, and all subsequent Acts of the General Assembly of Georgia amendatory thereof, be, and the same is, hereby amended as follows, to wit: By striking the word Dooly wherever it appears in section 1 of said Act of December 22, 1888, and inserting in lieu thereof the word Crisp; also, by adding after the words and figures two hundred and thirty-four (234) in the eighth and ninth lines of said section 1 of said Act, the following words and figures, to wit: the west half of lots of land numbers two hundred and forty-seven (247), two hundred and forty-eight (248) and two hundred and forty-nine (249) in the tenth land district of originally Dooly, now Crisp, county, Georgia, so that said section 1 of said Act of December 22, 1888, when so amended shall read as follows, to wit: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city of Cordele, in the county of Crisp, is hereby incorporated. Its corporate limits shall embrace and include all the territory contained in the boundary of lots of land numbers two hundred and fifteen (215), except that part of lot number two hundred and fifteen (215) that lies north or west of Gum creek; two hundred and sixteen (216), two hundred and seventeen (217), two hundred and thirty-two (232), two hundred and thirty-three (233), two hundred and thirty-four (234), the west half of lots of land numbers two hundred and forty-seven (247), two hundred and forty-eight (248), and two hundred and forty-nine (249), in the tenth land district of originally Dooly now Crisp county, Georgia. Cordele, city of. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. Page 660 CORINTH, TOWN OF, CHARTER AMENDED. No. 627. An Act to amend the charter of the town of Corinth, in the county of Heard, so as to extend the corporate limits of said town, and to confer certain powers on the officers therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate authorities of the town of Corinth, in the county of Heard, State of Georgia, 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, sidewalks and bridges in said town for the use of the public; to dig, repair or fill up any public well or wells in said town; to establish a system of grading and sewerage in and for said town at any time they may deem proper; to punish by fine or imprisonment and labor on the public works for the obstructing or filling of the streets, sidewalks or drainage of said town, either on public or private lands, and to this end they shall have power and authority to condemn and appropriate any lands in said town, or if necessary for an outlet for drainage or sewerage beyond the limits of said town, but they shall be liable to the owner thereof in a reasonable sum therefor as damages. When damages are claimed as the result of appropriating private land for streets, ditches or other public purposes and the owner thereof and the corporate authorities can not agree on the price to be paid, the same shall be submitted to the arbitration of three (3) freeholders residents of said town, each party choosing one, and the two thus chosen to choose the third. These three, after being duly sworn by some officer authorized to administer oaths, or the mayor of the town, to do justice and equity between both parties, shall proceed to assess the damage resulting therefrom after duly considering the advantage, if any, derived by the owner of the property. But in no event shall the betterments exceed the amount of damage allowed by the arbitrators. They shall make a return of their award within ten (10) days from the time of their appointment, and the award so made shall be final, and if accepted by the corporate authorities shall be entered of record on the minutes by the clerk of the body. Corinth, town of. Streets, etc. SEC. 2. Be it further enacted by the authority aforesaid, That Page 661 the corporate limits of said town be extended eastward along the public road leading from Hogansville to Corinth, so that the segment of the circle where it crosses the said road shall be at the line of Troup and Coweta counties, then circling northward to the Corinth and Grantville road, so as to include the lots upon which the colored churches are located, thence back westward to the original corporate limits of said town. 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. Approved August 18, 1906. CORNELIA, TOWN OF, CHARTER AMENDED. No. 419. An Act to amend an Act approved August 7, 1905, amending the charter of Cornelia, Georgia, to confirm the election and official Acts of the mayor and council and authorize the mayor and council aforesaid to levy and collect special taxes on all businesses and professions carried on in said town, not now exempt by law from such taxes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That James W. Peyton, mayor, and J. T. King, Robert Loudermilk, Samuel Kinsey, J. C. Rudisill and J. S. Parks, councilmen, of Cornelia, Georgia, who were irregularly elected for the year 1906, in that the electors were not registered as required by the charter of said town, Acts 1905, page 768, section 21, be, and the same are, hereby confirmed as the mayor and councilmen of said town, and that all acts, contracts and doings officially of said mayor and councilmen since they took the oath of office for the year 1906 are hereby confirmed and legalized and made legal and binding on the said town of Cornelia, and all parties concerned in any act, contract of said mayor and council. Cornelia, town of, election of mayor and councilmen confirmed. SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of said town of Cornelia have power and authority to levy and collect a special tax on all businesses and professions carried on in said town, except such person, persons or corporation as are now exempt from such taxes by law. Special taxes. Page 662 SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws, so far as relate to the election of the mayor and council of said town for the year 1906, and in conflict with this Act are hereby repealed, but that the electors for all future elections in said town shall register as provided by said Acts of 1905, page 768, section 21. Repealing clause. Approved August 17, 1906. CRAWFORDVILLE, CITY OF, CHARTER AMENDED. No. 660. An Act to amend the charter of the town of Crawfordville, in Taliaferro county, Georgia, as set out in Acts of 1826, page 169; Acts 1832; Act of 1835, page 61; 1879, page 304; 1882-3, page 336; Acts of 1894, page 147; Acts of 1899, page 143; Acts of 1900, page 274, so as to confer additional powers upon the corporate authorities, the mayor and council of the town of Crawfordville, to authorize the said mayor and council to issue bonds for school purposes, and bonds for the establishment and maintenance of a system of waterworks and sewerage for said town, and bonds for lighting purposes, including electric lights and gas lights of any kind or description for said town; to establish a recorder's court for the trial of offenders against the ordinances of said town; provide for the payment and disposition of costs in said court; to constitute the mayor of said town recorder, provide for the fixing and paying of salaries of the mayor and council of said town; to change said town of Crawfordville into the city of Crawfordville, 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 said town of Crawfordville, as set out in the Acts of the General Assembly of Georgia of 1826, page 169; Acts of 1832, page 197; Acts of 1835, page 61; Acts of 1849-50, page 101; Acts of 1878-9, page 304; Acts of 1882, page 336; Acts of 1894, page 147; Acts of 1899, page 143; Acts of 1900, page 274, be, and the same are, hereby amended by striking out the word town wherever same appears in said Acts or charter, and Page 663 inserting in lieu thereof the world city, thereby changing the said town of Crawfordville; said change in name in no way to affect the ordinances and laws now of force in said town, except to make the corresponding change, said ordinances, rules and regulations, and said rules and regulations to be and remain of force subject to the will of said corporate authorities, and in every particular applicable to said city of Crawfordville. Crawfordville, city of. SEC. 2. Be it enacted by the authority aforesaid, That the mayor and council of the city of Crawfordville are by this Act authorized and empowered to submit to the voters of said city, under the provisions 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 to exceed $20,000, and to be sold for the purpose of establishing, building, furnishing, maintaining, operating and running a school dormitory, or other school buildings, equipments and furnishings in the city of Crawfordville aforesaid. Should said election or any elections on this question herein provided for result in favor of bonds, then the mayor and council of the city of Crawfordville, 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, each of said bonds to be in such sums and due on such dates as said mayor and council may [Illegible Text] name or designate. The mayor and council shall give thirty days' notice 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 Taliaferro, notifying the qualified voters of said city of Crawfordville that on a day named an election will be held in said city 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 city, 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 city for holding elections for mayor and council for said city, and shall be governed by the rules and law governing the elections for mayor and council of said city. 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 Page 664 majority of the qualified voters of said city, 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. School bonds. SEC. 3. Be it enacted by the authority aforesaid, That the mayor and council of the city of Crawfordville are hereby authorized and empowered to likewise submit to the qualified voters of said city the question of issuing bonds in a sum not exceeding $20,000, to be sold for the purpose of establishing, building, maintaining and operating a system of waterworks, sewerage, etc., or a system of electric lights, or gas lights, of any kind or description. One or all of said systems, may be submitted to the voters by said mayor and council for the city of Crawfordville, 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 (designating the kind) lights and bonds, as the case may be, the said mayor and council having the right, authority and power in reference to this or the preceding section 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 issuing bonds aforesaid for the purposes aforesaid. Should the result of any of said elections be in favor of bonds for any one or more of said purposes, then the mayor and council of the city of Crawfordville shall be, and they are, hereby authorized and empowered, by complying with the general law above referred to, to issue bonds for said purposes, 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 in which 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 the principal and interest annually. Bonds for water and [Illegible Text]. SEC. 4. Be it further enacted, That section 16 of the Acts of the General Assembly of Georgia, approved December 18, 1894, consolidating the Acts and amending the charter of said town, be, and the same is, hereby repealed, and that there be substituted in said Acts for said section the following section and language: Sec. 16. Be it further enacted, That there shall be a recorder's court, consisting of the mayor of said city alone, or in case of his absence or disqualification, any other member of Page 665 the council that may be selected by the council of said city establishing for said city with jurisdiction to try all offenders against the laws and ordinances of said municipal government, with power to enforce its judgments by fine, imprisonment or work on the public streets or sidewalks, any one or all three as below provided, to compel the attendance of witnesses, to punish witnesses for non-attendance, to punish for contempt as now provided for mayor and council in the charter of the town of Crawfordville, to forfeit bonds after giving principal and bondsmen ten days' notice before final judgment on such bonds, and to do such other things as may be necessary or incident to the efficient and successful administration of the business of said court, and any person or persons charged with a violation of the laws or ordinances of said city shall be tried by said mayor, and upon conviction shall be punished by being fined in a sum not exceeding one hundred dollars, or by imprisonment in the guard-house one hundred and eighty days, or by being compelled to work on the streets, sidewalks and alleys within the limits of said city not exceeding one hundred and eighty days, or by being punished in either one or more or all of the ways named. The cost in each case shall be fifty cents, and fifty cents for each bond forfeited to go into the treasury of said city. Said court shall be held at the city hall, or at any other place in city said mayor or person acting as mayor may designate. Recorder's [Illegible Text]. SEC. 5. Be it further enacted, That the mayor of said city shall keep a docket of all cases coming before him, which docket shall show the style of each case, a list of witnesses sworn in each case for said city, and for the party being tried, the date of judgment, and judgment showing disposition of each case. Mayor's docket. SEC. 6. Be it further enacted, That the mayor and council of said city 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 said recorder's court. Recorder's court. SEC. 7. Be it further enacted, That from and after the second Wednesday in October, 1906, the last clause of section 6 of the Act of 1894, above referred to, said language being, provided, that the salary of no one of them shall exceed twenty-five dollars per annum, be, and the same is, hereby repealed, and that in lieu of said clause there be substituted this language: provided, the salary of said mayor shall not exceed $100.00 per annum, and the salary of the clerk of said council shall not exceed $25.00 per annum. The other members of said city council shall receive no salary whatever, but the mayor and each member of Page 666 said council shall be exempt from street-tax or work on the streets in said city during the term of their service. Salary of mayor and clerk. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. CROSLAND, TOWN OF, INCORPORATED. No. 678. An Act to incorporate the town of Crosland, in the county of Colquitt; to provide for the appointment of a mayor and council; to provide for the election of their successors in office; to prescribe their powers and duties; to fix their term of office, and for other purposes. SECTION 1. The General Assembly of the State of Georgia do enact, That the town of Crosland, in the county of Colquitt, be, and the same is, hereby incorporated, and that the corporate limits shall extend one-half mile in all directions from the Atlanta, Birmingham and Atlantic Railroad depot where now situated. Crosland, town of, incorporated. SEC. 2. That the government of the town shall be vested in a mayor and five councilmen; that Lott. Branch be, and he is, hereby appointed mayor of said town, and J. F. Royals, J. D. Calhoun, J. C. Cannady, C. R. Watson and D. T. Page be, and they are, hereby appointed councilmen of said town, to hold their offices until their successors shall be duly elected and qualified, which said election shall be held on Wednesday after the first Monday in January, 1907, and on each Wednesday after the first Monday in each succeeding year, and said subsequent officers, when so elected, shall hold their offices for a term of one year and until their successors shall be elected and qualified. Mayor and councilmen appointed. SEC. 3. That the mayor and council shall provide for the registration of its voters prior to each annual election, and a certificate of registration shall entitle the voter to participate in all special elections; provided, said certificate is not more than one year old, and all persons who shall have resided within the corporate limits for six months immediately preceding the day of election, and who are qualified under the laws of the State to vote for members of the General Assembly shall be qualified and entitled to register and vote in the municipal elections, and the Page 667 certificate of the managers recorded on the records of the 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 to the offices to which they have been elected respectively. Registration of voters. SEC. 4. The said corporation shall have and use a common seal, shall be capable of taking, purchasing, holding and selling real estate or personal property for any municipal purpose, and by that name may contract and be contracted with, and may sue and be sued. They shall also have the power to condemn private property for public purposes under the general laws of the State. Corporate powers. SEC. 5. That said mayor and council shall have all the power necessary to pass ordinances not in conflict with the Constitution and laws of the State, for the maintenance of good order and for the suppression of disorder and vice of any kind whatsoever in the said town, and for the proper police protection of the citizens of the town, and for the government of the same, and to appoint a marshal and such other police and town officers as may be necessary, and to remove them at any time within their discretion. General welfare. SEC. 6. That all males between the years of sixteen and fifty residing within said town shall pay a street-tax of three ($3.00) dollars per annum, and that said person taxed shall be given the privilege of working said tax out on the streets of Crosland, under the supervision of the town authorities, at the price of fifty cents per day. Street tax. SEC. 7. That the mayor and council shall have the power to provide for the assessment of all property within the corporate limits and to levy such annual tax on the same for public purposes, as in their discretion would be for the betterment of the town and citizens thereof. Taxes. SEC. 8. That the said mayor and council shall have the power to establish a mayor's court for the trial and punishment of offenders against the ordinances of the town, the punishment not to exceed a fine of fifty dollars or imprisonment at hard labor or otherwise, not exceeding thirty days, either or both, in the discretion of the mayor. The defendant shall at all times have the privilege of appealing to the council or to a jury. Mayor's court. SEC. 9. The mayor and council of said town shall have the power to define a public nuisance, abate same and punish those maintaining same. Nuisances. SEC. 10. The sale of spirituous, malt or other intoxicating liquors shall never be licensed in the said town, and the sale thereof shall forever be prohibited. Sale of liquor. Page 668 SEC. 11. That the mayor or vice officer in his stead shall have full power to issue warrants against all offenders against the ordinances of the said town committed within its corporate limits, and shall have the power to compel the attendance of witnesses and to examine them under oath, and to commit any offenders to bail as provided by law, or to commit him to jail for the 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. Punative powers. SEC. 12. That the mayor and council shall have the power to tax all shows, auctioneers, sleight-of-hand performances and gift enterprises, and to levy such other privilege taxes as in their discretion may seem just and proper. Specific taxes. SEC. 13. That the mayor and council shall have the power to prescribe the fire limits of said town, and to prescribe the place of building and kind of material to be used in the building of houses within the said prescribed fire limits. Fire limits. SEC. 14. That the mayor and council shall have power to enact any and all such other ordinances within their discretion for the good of the said town, and not inconsistent with the Constitution and laws of the State. General welfare. SEC. 15. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. CULLODEN, CITY OF, PUBLIC-SCHOOL SYSTEM ABOLISHED. No. 590. An Act to repeal an Act entitled An Act to establish a system of public schools for the city of Culloden, in the county of Monroe; to provide for the support and maintenance of same by taxation and otherwise; to create a board of education therefor; to authorize and require the county school commissioner of Monroe county to pay to said board of education of said city their pro rata share of the State school funds for the children attending said school, said Act having been approved December 8, 1897. SECTION 1. Be it enacted by the General Assembly of the Page 669 State of Georgia, and it is hereby enacted by said authority, That from and after the passage of this Act, the Act approved December 8, 1897, entitled An Act to establish a system of public schools for the city of Culloden, in the county of Monroe; to provide for the support and maintenance of same by taxation and otherwise; to create a board of education therefor; to authorize and require the county school commissioner of Monroe county to pay to said board of education of said city their pro rata share of the State school funds for the children attending said school, be repealed. Culloden, city of, public school system abolished. SEC. 2. Be it further enacted, That all laws in conflict with this repealing Act be, and the same are, by this Act repealed. Approved August 20, 1906. DALLAS, TOWN OF, CHARTER AMENDED. No. 592. An Act to amend an Act entitled An Act to incorporate the town of Dallas, in Paulding county, so as to confer greater criminal powers upon the mayor and aldermen of said town of Dallas, approved July 28, 1883, so as to give the mayor and aldermen the right to establish a chain-gang in said town and to provide for the best means of working the convicts on the streets of said town, and to give the mayor and aldermen greater power to increase the fines and imprisonment, etc. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 11 of the Act incorporating the town of Dallas, in Paulding county, approved July 28, 1883, be, and the same is, hereby amended by striking all of said section after the word town which occurs in the third (3d) line of said section and adding in lieu thereof the following: and they shall have authority to establish a chain-gang and to provide for the working of any person or persons on the streets of said town, and they shall have power to fine any person or persons violating any of the ordinances of the said town, not exceeding one hundred dollars ($100.00), or imprison in the calaboose of said town ninety days, or to work said offender upon the streets in the chain-gang of said town for a term of ninety days. Any one or more of these punishments may be imposed, in the discretion of the mayor or aldermen trying the case, so that said section when so amended Page 670 shall read as follows: That the mayor and aldermen shall have power and authority to work on the streets of said town any person or persons convicted of a violation of the ordinances or by-laws of said town, and they shall have authority to establish a chain-gang and provide for the working of any such offender upon the streets of said town, and they shall have power to fine any person or persons violating any of the ordinances of said town not exceeding one hundred dollars ($100.00), or imprison in the calaboose of said town ninety days, or to work said offender upon the streets in the chain-gang of said town for a term of ninety days. Any one or more of these punishments may be imposed, in the discretion of the mayor or aldermen trying the case. Dallas, town of. Mayor and aldermen, punative powers. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. DAWSON, CITY OF, PUBLIC-SCHOOL SYSTEM AMENDED. No. 584. An Act to amend sections 3 and 4 of an Act to establish a system of public graded schools in the city of Dawson, approved October 16, 1889, so as to make the board of school commissioners of Dawson elected by the people, to change the number of said commissioners from twelve (12) to six (6), to fix their terms of office, 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 October 16, 1889, entitled An Act to establish a system of public schools in the city of Dawson, and for other purposes, found on page 1307 of the Acts of the General Assembly of Georgia for 1889, be, and the same is, hereby amended by striking from said Act section 3 and substituting therefor the following: That there shall be a board of school commissioners for said public schools consisting of six persons, who shall be male citizens of Dawson, twenty-one years of age, and of good moral character, all of whom shall be elected by the qualified voters of said city of Dawson at the next municipal election for Page 671 mayor and aldermen of said city, and at the same time and under the same provisions as said officers are elected. Three of said commissioners shall be elected for a period of two years and three for a period of four years, and each succeeding two years after the election of the first commissioners an election shall be held at the regular city election for three (3) commissioners for a term of four years to succeed the commissioners whose term will then expire, which said election shall be held under the same provisions and at the same time and place as the mayor and aldermen, or aldermen, are elected. Should any vacancy or vacancies occur the same shall be filled at the next city election for mayor and aldermen, or aldermen, and under the same regulations and provisions governing said election. No official of the city of Dawson shall be eligible to election as a member of said board. They and their successors in office shall have power to take and hold all property, both personal and real, that they may acquire by purchase, donation or otherwise, in trust for said city of Dawson, with the right to sue and the liability of being sued. Dawson, city of. School commissioners. SEC. 2. Be it further enacted, That all of the fourth section of said Act after the word hands in the sixth line thereof shall be stricken out. 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 20, 1906. DAWSON, CITY OF, CHARTER AMENDED. No. 583. An Act to amend section 5 of the charter of the city of Dawson, approved September 21, 1883, so as to allow the creation of a commission to be known as The Dawson water and light commission, to provide for the number and qualification of the members thereof, their election, terms of office, duties 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 from and after the passage of this Act, the charter of the city of Dawson, approved September 21, 1883, be, and the same is, hereby amended by adding at the end of section 5 of said charter, after the word qualified, the following: Dawson, city of. Page 672 (a) There shall be a commission in said city, known as the Dawson water and light commission, consisting of three persons, namely, W. H. Davis, who shall be chairman of said commission, and whose term of office shall be for two years; R. L. Saville, whose term of office shall be for four years, and J. M. Bell, whose term of office shall be for six years. Water and light commission. (b) Upon the expiration of the term of office of any member of said commission, his successor shall be elected for a term of six years, and he shall be elected by the mayor and council of the city of Dawson, together with the remaining members of said commission, each of whom shall have one vote. In case of a vacancy, or vacancies, the same shall be filled in like manner as members are elected. Upon the expiration of the term of office of the chairman the next short term member of the commission shall be chairman, and no member shall be chairman for a period of more than two years, and no member of said commission shall be eligible to re-election, neither shall any official of the city of Dawson be eligible to election as a member of said commission. Election of commissioners. (c) A salary of two hundred dollars per annum shall be allowed the chairman, and fifty dollars per annum for each of the other members, the same to be paid out of the city treasury. Salary. (d) In case of incompetency or malfeasance in office of any member of said commission the city council shall constitute itself a court of inquiry, and if, upon investigation, the charge is found to be well founded it shall have power to declare the position vacant, and thereupon may proceed to fill the vacancy by election in the manner hereinbefore provided. Malfeasance or incompetency. (e) The commission shall have entire control of the water and light departments of the city of Dawson, naming the several employees, fixing their salaries, prescribing their duties, having the right to discharge for good cause and having entire supervision of the said departments. Water and light department. (f) The duty of the chairman shall be to audit all accounts, approve all bids before the same are paid, supervise all orders for supplies and materials, which may be needed for either department, and make a report at each regular meeting of the commission, which shall be held once a month in the city hall. Chairman of commission. (g) The other members of the commission shall inspect the buildings of these departments, and advise with the chairman in all matters, shall meet with him monthly, when they shall make a full and complete examination of his improvements and expenses, and approve or disapprove the same as their judgment dictates. Meetings, etc. Page 673 (h) One of the commissioners shall act as secretary and keep a record of all their acts and doings in a book purchased for that purpose. Secretary. (i) The said commission shall make a quarterly report on said departments, as to their financial and physical condition, to the city council at its regular meeting in January, April, July and October of each year, and shall be subject to make such other reports as may be demanded by said council on any matter pertaining to the duties of said commission. Reports of commission. (j) All moneys collected by the superintendent or others in the employ of said departments shall be turned over to the chairman of the commission, who shall receipt for the same, and by him be turned over to the city treasurer, who shall likewise receipt for the same, all of which receipts shall be turned in at each quarterly report to the city council. Receipts. (k) The city treasurer of Dawson shall keep a separate account of the moneys paid to him by the water and light commission, which said fund shall alone be subject to the checks of the chairman of the said commission, and in case the same shall not be sufficient to meet the current expenses or necessary expenses incurred in operating the water and light department, then, in that event, it shall be the duty of the mayor and council to appropriate such sum for the purpose indicated as may to them seem proper. Separate accounts for water and light. (l) The chairman and the superintendent of these departments shall each give bond in the sum of one thousand dollars ($1,000), payable to the city council of Dawson, conditioned upon the faithful performance of their duties, the same to be approved by the mayor and council. Bond of chairman and superintendent. (m) The term of office of the commissioners of the Dawson water and light commission shall begin January 1, 1907, and shall run from January to January. The election of members of this commission shall be held in the month of December after each election of the mayor and aldermen, or aldermen, and their qualification. Terms of office and time of election. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 674 DECATUR, TOWN OF, CHARTER AMENDED. No. 490. An Act to amend the charter of the town of Decatur, in the county of DeKalb, so as to authorize the mayor and council of said town to construct and maintain a system of waterworks, to enlarge and extend the powers of said town on the subject of public water-supply, and to confer upon said corporation full and ample powers to acquire all necessary realty, water-rights, easements and franchises either by purchase or by condemnation proceedings; to authorize said corporation to exercise the right of eminent domain; to empower said town to enforce the necessary police regulations over the water basin and shed from which the public water-supply may be obtained, and for the protection of its waterworks in all their parts, whether the same be situated within the corporate limits of said town or elsewhere, and to confer upon said town the right to lay mains, pipes, conduits and drains for waterworks and sewer purposes along the public highways and along and over the lands of others, and to confer all powers necessary for erecting, equipping and maintaining sewers and waterworks; to provide funds therefor, including the right to issue bonds in accordance with all the terms of the Act amending the charter of Decatur, approved July 30, 1903, save that said bonds may be made payable in whole or in part in less than thirty years, within the discretion of the mayor and council and continuing powers already vested in 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 from and after the passage of this Act, the mayor and council of the town of Decatur, in the county of DeKalb, shall have full power and authority to construct and maintain a system of waterworks for said town, and to that end shall have full power and authority to acquire by purchase, gift or condemnation proceedings all necessary lands, easements, water-supplies and franchises. Decatur, town of. Waterworks. SEC. 2. Be it further enacted by the authority aforesaid, That in the event said mayor and council can not procure by purchase the necessary land, easements, rights of way, waterway and franchises for the construction of a system of waterworks, then said mayor and council of the town of Decatur shall have the Page 675 right to exercise the power of eminent domain and to condemn such land, easements, rights of way, waterways and franchises in manner and form as is provided in chapter 9 of volume 2 of the Code of this State, and the amendments thereto. Condemnaion of land and rights of way. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council of the town of Decatur shall have full power and authority to acquire by purchase or condemnation in manner as aforesaid all lands, easements and franchises necessary for water-basin and water-shed from which the public water-supply may be obtained. Easements and franchises. SEC. 4. Be it further enacted by the authority aforesaid, That said mayor and council of the town of Decatur shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains for waterworks and sewer purposes along the public highways of the said county of DeKalb without cost, and over and across and under the lands of persons and corporations upon payment of just compensation agreed upon or assessed as provided in said chapter 9 of volume 2 of the Code of this State. Easements and franchises along highways. SEC. 5. Be it enacted by the authority aforesaid, That said mayor and council of the town of Decatur shall have full power and authority to enact and enforce such rules, regulations, ordinances and by-laws as may be necessary to protect the water-basins and water-shed from which the public water-supply is taken from contamination and to protect said waterworks and every part thereof, including its mains, pipes, conduits and drains, whether such waterworks and every part thereof be located within or without the corporate limits of said town. It is the intent and purpose of this Act to confer upon said mayor and council the right to exercise the necessary police regulations over the water basin and shed from which the public water-supply may be obtained and over the waterworks to be erected in all their parts, whether the same be situated within the corporate limits of said town or elsewhere. It is the further purpose and intent of this Act to confer upon said mayor and council the right to acquire the necessary property for constructing and maintaining a system of waterworks, whether such property be situated within the corporate limits of said town or elsewhere. Protection of water-works. SEC. 6. Be it further enacted by the authority aforesaid, That the said mayor and council of the town of Decatur shall have full power and authority to construct and maintain a system of sewers for said town, and to that end the right of eminent domain may be exercised and property condemned as is provided in chapter 9 of volume 2 of the Code of this State. Sewers Page 676 SEC. 7. Be it enacted by the authority aforesaid, That the mayor and council of the town of Decatur be, and they are, hereby authorized to pay off and discharge in less than thirty years any bonds that may be issued for the purposes of erecting and maintaining a system of waterworks and sewers in said town. Municipal bonds. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. DILLARD, TOWN OF, INCORPORATED. No. 667. An Act to incorporate the town of Dillard, in Rabun county; to define its limits; to provide a mayor and councilmen and other officers for said town; to prescribe their duties and powers; to prepare for the municipal government, jurisdiction, authority, concern and cognizance of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the inhabitants and the territory embraced within the limits of a circle whose radius is three-fourths of a mile from the depot of the Tallulah Falls Railway, as it is now located in the town of Dillard, in the county of Rabun, be, and the same are, hereby incorporated as the town of Dillard, in said county, which shall have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in the State; shall be capable in law or in equity to purchase, have and hold, receive and enjoy, possess and retain for corporate purposes, any estate or estates, real or personal, of whatever kind or nature, within or without the jurisdictional limits of the town of Dillard, and may sell or otherwise dispose of the same for the use and benefit of said town, by the direction of the town council, making deed to any property sold or disposed of by the town; provided, that the incorporate limits of said town shall not extend beyond the north and east banks of Betty's creek. Dillard, town of, incorporated. SEC. 2. Be it further enacted, That the government of said town of Dillard shall be vested in a mayor and five councilmen, who shall compose the town council of the town of Dillard. Mayor and councilmen. Page 677 SEC. 3. Be it further enacted, That from and after the passage of this Act, that W. R. L. Ritchie, of said town, be, and he is, hereby appointed mayor of said town, and Z. B. Dillard, W. E. Powell, R. D. Bates, A. G. Dillard and B. R. Dillard, all of said town, be, and they are, hereby appointed and constituted councilmen of said town; the said mayor and councilmen to hold their 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, 1906, 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 date of their election and until their successors are elected and qualified, but no one shall be eligible to the office of mayor and 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 the county officers of this State, and the certificate of the managers shall be sufficient authority to 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 Dillard, who shall make or cause to be made a record of the result 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 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. Election 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 duties devolving upon me as mayor (or as councilman, as the case may be) of the town of Dillard, Georgia, according to the law and to the best of my ability and understanding conserve the best interest of the 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 Page 678 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. 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 not to exceed fifty dollars ($50.00), imprisonment in the guard-house 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. Punative 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 shall be given at least four weeks prior to the date so fixed by posting notices thereof in three public places in the said town. Said tax shall not exceed one-half of one per cent. upon one-half of one per cent. for street 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 times as they may designate. The municipal authorities shall cause separate accounts to be kept of all accounts 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 authority shall have power to collect a specific tax upon all persons running a billiard or pool table or tables, tenpin or ninepin alley, 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 Page 679 religious purposes, or those exempt from taxes 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 cottonseed, public warehouses, guano-dealers, markets for the sale of fresh meats, fish or fish-dealers, and upon all other lines of business carried on in said town. They shall also have power to tax and license all livery-stables, sale-stables, drays, hotels, public boarding-houses, persons engaged for 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 calling 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 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 guard-house or jail, or work upon the public works not exceeding thirty days; and in case of corporation or non-resident firms, the agent who represents them in the town will be subject to the same penalty for doing business without first obtaining a license or paying taxes. Specific taxes. SEC. 11. The town council shall have full power and authority to lay out and 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 and 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 the said town, or, if necessary, for an outlet for drainage or sewerage beyond the limits of the 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 Page 680 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 direction of 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 during that year. Said street-tax shall be due one-half on January first of each year, and one-half on July first of each year, and if not paid when demanded or summoned by the marshal to work, or appear, but failing to do good, faithful work, and failing to 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 duty 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 to acquire property in or near said town for a cemetery, to regulate interment therein, and to punish any or all persons injuring or destroying the property or shrubbery therein; to regulate privies, water-closets, butcher-pens, blacksmith or wood shops, stoveflues 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 Page 681 the keeping of all domestic animals and to prevent the same from running at large; to provide the impounding and sale of same; to regulate the keeping of public and private stables, gunpowder, kerosene, gasoline, turpentine, and all other commodities that may become dangerous or offensive to the citizens or property of said town. Police powers. SEC. 14. The said authorities shall have power and authority to fix a fire limit in the 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 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 the said limits of material other than that prescribed without permission of the 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 to be removed at the expense of the owner after due notice to him to remove same. All expense incurred by said town 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 the 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. Street obstructions. SEC. 16. They shall have power to regulate the use of all firearms, fireworks or other dangerous annoyances or explosives used in sport 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 to suffer them to remain on their premises, shall, upon conviction before the mayor, be punished as for the violation of the ordinances of the town. Lewd houses, etc. SEC. 18. They shall have power to enact ordinances in regard Page 682 to the observances of the Sabbath day (Sunday); to prohibit any and all persons from opening their places of business for the purpose of 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 the said town, and consistent with the proper religious observance of the day. Sabbath day. 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 ordinances of the town. Malpractice SEC. 20. No officer of the said town shall have any interest in any contract, either directly or indirectly, in which the town is a party; neither shall any member of the town council be allowed to vote upon any question that he has any personal interest in whatever. Municipal contracts. SEC. 21. Be it further enacted, That the mayor and council shall not have power and authority to license or to authorize persons to sell intoxicating liquors of any kind, but may punish by ordinance the sale of any patent medicine which, drunk to excess, will produce intoxication, and may also punish any person keeping or storing within the corporate limits of said town intoxicating liquors for the purpose of illegal sale. Sale of intoxicants prohibited. SEC. 22. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 21, 1906. DONALSONVILLE, TOWN OF, NEW CHARTER. No. 635. An Act to create a new charter for the town of Donalsonville, in the county of Decatur, and to reincorporate said town, and to declare and consolidate the rights and powers of said incorporation; to define the corporate limits of said town of Donalsonville; 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 Donalsonville until the election of officers for the said town under this charter; to provide that all the ordinances, Page 683 rules and regulations of the town of Donalsonville, not in conflict with this Act, shall remain valid and enforcible as ordinances, rules and regulations of the town of Donalsonville, incorporated by this Act, until the same are repealed or amended by the mayor and aldermen of the town of Donalsonville; to provide for streets and sidewalks, and the working and paving of same; to authorize the mayor and aldermen to establish, maintain and operate a system of waterworks, electric lights and sewerage for the town of Donalsonville; 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 real and personal, 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 concern, needs and requirements, and for other purposes. SECTION 1. Be it enacted by the State of Georgia, and it is hereby enacted by authority of the same, That the town of Donalsonville, which was incorporated by an Act of the Georgia Legislature, approved December 8, 1897, shall, from and after the passage of this Act, have and be known by the corporate name of the Town of Donalsonville, and by that name be, and is, hereby invested with all the rights, powers and privileges incident to municipal incorporations in this State, and the said town of Donalsonville, 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 said town of Donalsonville 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, hereditaments of all kinds whatsoever, within or without the limits of said town, for corporate purpose. They shall have special powers in its corporate capacity to make all contracts which they deem necessary for the welfare of the town or its citizens; to assess values of Page 684 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 in this State, which are necessary and proper in order to regulate, make, maintain, and preserve a proper legal government of said town, and to declare what act or thing shall be unlawful. Donalsonville, town of. Corporate powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Donalsonville, as enacted by this Act, shall be as follows, to wit: one-half mile in every direction from the Methodist church on the corner of Third street and Woolfork avenue of said town. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the government of the said town of Donalsonville shall be vested in a town council composed of a mayor and four aldermen. The present mayor and councilmen of the corporation of the town of Donalsonville 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 Donalsonville, created by this Act; and all the ordinances, rules and regulations of the old corporation of the town of Donalsonville, not repugnant to this charter, are continued in full force and effect until the same are repealed, annulled, amended or changed or modified by the town council of said town, and all officers, elected or appointed by the mayor and councilmen of the old corporation of the town of Donalsonville 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 Donalsonville. Mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That the terms of the mayor of said town of Donalsonville shall be one year and until his successor is elected and qualified, and that the first election for mayor under this charter shall be on the first Tuesday in January, 1907, and annually thereafter on the first Tuesday in January, and the term of each alderman of said town shall be for one year and until his successor is elected and qualified, and that the first election for aldermen shall be held on the first Tuesday in January, 1907, and annually thereafter on the first Tuesday in January. A mayor pro tem. shall be elected from the board of aldermen. In the event a vacancy occurs in Page 685 the office of mayor or councilmen, by reason of resignation, removal from the town, death or otherwise, the council shall order an election to fill said vacancy, which election shall not be held in 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, if there is a paper published in said town, and by posting a written notice at 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; provided, however, that if a vacancy occurs in the office of mayor or aldermen within less than three months from date of the next regular election, the town council themselves select and elect some fit and proper person for said vacancy. If the office of mayor pro tem. shall for any cause become vacant, the town council shall elect one of the remaining aldermen as mayor pro tem. for unexpired term. Terms of office and election of mayor and aldermen. SEC. 5. Be it further enacted by the authority aforesaid, That if for any reason there is a failure to hold the regular election for mayor and aldermen at the regular time provided for in this charter, on the first Tuesday in January, it shall be the duty of the town council to order an election as soon as practicable thereafter by giving at least ten days' notice of the same by publishing said notice once in a newspaper and posting a written notice at one or more 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 aldermen who is not a citizen of said town, and who shall not have resided in the State two years, and in the town twelve months immediately preceding his election, and who is not over 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. Qualifications of mayor and aldermen. 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 executed, and that all officers of said town faithfully execute the duties required of them. He shall have general supervision over 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 it proper to do so. The mayor shall not Page 686 have the right to vote upon any question before the town council unless in the case of a tie. Mayor, powers of. 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, and 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 rights and privileges of the mayor and shall perform the mayor's duties for the time being. Mayor pro tem. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and 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 three councilmen shall constitute a quorum for the transaction of any business at a call 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 once in every month, and oftener if they think best, at stated times and at 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 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 and mayor pro tem, and each alderman, before entering upon the discharge of their respective duties, shall take and subscribe before an officer authorized to administer an oath 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 Donalsonville, incorporated under this Act, twenty-one years of age, who shall have resided in this State one year next preceding the election, and who is a legally registered voter under the laws of this State as hereinafter provided, and who shall have paid all taxes that shall have been required of him, and which he may have had an opportunity to pay agreeable to law, and the payment of all fines, licenses and business taxes required of him by said town, shall be Page 687 qualified to vote at any election held in the town of Donalsonville for any purpose whatever. Electors. SEC. 12. Be it further enacted by the authority aforesaid, That the clerk of the board of aldermen of said town 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, the person swearing and subscribing to the same, as follows: 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 paid all taxes, State and county and municipal, except for the present year, since the year 1877, and I am not otherwise disqualified to vote in said election. Registration of voters. SEC. 13. Be it further enacted, That said clerk of said town council shall open said registration book thirty days before any election to be held in and for said town of Donalsonville, and proceed to register the voters of said town as already provided, and shall keep said registration book open until ten days before the town 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, 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 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 lists. SEC. 14. 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, annually thereafter, to elect by ballot three registrars 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 alderman, 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 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 bipartisan board. Registrars. SEC. 15. Be it further enacted, That said registrars, before Page 688 entering upon their duties, shall take and subscribe the following oath: I do solemnly swear, or affirm, that I will faithfully discharge to the best of my ability, the duties imposed upon me by law as such registrars. Said oath shall be filed with the board of aldermen, and entered upon the book of minutes. As soon as the list of voters is turned over to the 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 that 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 days' 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 sub[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 of voters 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 list 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 the disqualifications of voters, including criminal records, insolvent tax-list, tax-digest, 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 who is entitled to register and vote. Lists of voters, how revised. SEC. 16. Be it further enacted, That after such registrars have 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 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 of 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 party interested. Revised lists of voters. Page 689 SEC. 17. 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 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 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 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 registrylist shall be sealed and returned to 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. Registration list, by whom kept. SEC. 18. Be it further provided, 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. Registering illegally. SEC. 19. Be it further enacted, That should the clerk of the 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 list to be prepared for holding such election, or shall wilfully enter the name of any person or persons on such list who are not entitled to register, then such clerk or registrars shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. Clerk and registrars, duties of. SEC. 20. Be it further enacted, That the mayor and aldermen of said town shall have power and authority to fix the compensation of registrars and to pay the same. Compensation of registrars. SEC. 21. Be it further enacted by the authority aforesaid, That all elections for mayor and aldermen, and elections on any question submitted to the voters of said town, shall be held at the court-house, or at such other place as now or may be established by law or the ordinances of said town. The mayor and aldermen shall have full power to establish as many polling-places as Page 690 they may deem necessary. All elections shall be held by three persons, who may be qualified to superintend and hold elections for the General Assembly of this State, and said election shall be held in the same manner and under the same 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 3 o'clock p.m. In election for mayor and aldermen the superintendents shall deliver certificates to the persons whom they shall find to be elected to the office of mayor and aldermen. Election precincts and managers. SEC. 22. 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, 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 town council, at any time they see fit to make such suspension, removal or dismissal, and no officer 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 elected or appointed has expired or not. The mayor and councilmen at their discretion may elect or appoint the same person to discharge the duties of more than one office; all such officers shall be elected at the first regular meeting held after the election of the new mayor and councilmen in January of each year, or so soon thereafter as possible. Municipal officers. SEC. 23. Be it further enacted by the authority aforesaid, That the newly-elected mayor and aldermen shall take the oath and assume the duties of office on the first Tuesday in January, or so soon thereafter as possible. Mayor and aldermen. SEC. 24. 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 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, Page 691 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 the duties of his office, he shall take before some officer authorized 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 shall be required of him by the town council, with good and sufficient security, to be approved by the mayor. He shall keep a separate and correct account of all the separate and distinct 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, etc. SEC. 25. 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 by him, 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 open to the inspection of any citizens 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 before some officer authorized by law to administer oaths, to faithfully and honestly discharge the duties of his office, and shall execute such bonds and in such sum as shall 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. 26. Be it further enacted by the authority aforesaid, That all other officers elected or appointed by the town council shall take such oath and give such bond 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 the requirements made by town council governing such officers. Oath of officers. SEC. 27. Be it further enacted by the authority aforesaid, That the compensation or salaries of mayor and councilmen and all other officers, servants and employees of the town, shall be such sum as the town council may fix; provided, however, that the Page 692 mayor's salary shall not exceed two 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, may in addition thereto be relieved of street-tax and street-duty. Salaries, etc. SEC. 28. 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 the necessary revnue with which to carry on the government of said town in the proper manner, to build sewers, procure water-supplies, to establish and maintain a fire department, to make, open, grade, repair and keep the streets and bridges of said town in order, to properly police the same, to light the same; to pay salaries, cost 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 cemetery purposes, for hospital 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 and 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 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 per centum 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 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 the 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 profits as Page 693 are not expressly prohibited or exempt by the laws of this State, or the United States; but all taxation of 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 consignee, 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 the mayor and town council as a tax thereon, shall forfeit and pay a sum in the discretion of the 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 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. Taxing power. SEC. 29. Be it enacted, That said mayor and town council shall have 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, building or bridge, the same being done in accordance 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 obstruction of a permanent or temporary nature, or which, in the judgment of the 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 streets, alley, lane, walk or square already laid out, then no compensation shall be made for the removal of the same. But whenever the mayor and town council shall exercise the power to widen, extend or straighten a street, alley, lane, walk or square, and the compensation thereof 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 person owning the said property, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damage sustained by the owner or owners of said land or property over which said street, alley, lane, walk or square shall pass, Page 694 so widened, extended, straightened, opened, laid out or established, from which award an appeal can be taken to the superior court, should either party be dissatisfied with 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 Decatur county within ten days after it is made, and the appeal can be entered within ten days after the filing of the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and the benefits the owner is to receive from the opening or otherwise changing said street. If the owner of such land refuses to act, or is a minor, or is insane; upon the facts being shown to the ordinary of Decatur 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 Decatur county, and execution may at once issue upon 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 said, tender shall be made of the amount of the award. In the event the town of Donalsonville is not dissatisfied with said award, it shall pay to the clerk of the superior court the amount so found to be due by said arbitrators. If the town is dissatisfied and the appeal is entered by it, it shall give bond with security for 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 Donalsonville 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 he is authorized to act, issue execution on said award, and proceedings thereon shall be the same as had in cases of judgments and executions in the superior court of Decatur county. But the town of Donalsonville 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 Page 695 sought to be condemned too expensive to said town. But in such event said town shall pay all cost of said award. Streets, etc. SEC. 30. Be it further enacted, 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 and along and across the streets, lanes, walks and squares of said town shall have to pave, macadamize, or otherwise improve said streets, lanes, alleys, walks or squares of said town, also their road-bed and right of way in such ways and proportion 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, 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 work, and making the assessment. The town council shall have full 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 or other collecting officers, their deputies, on such real estate, 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 purchaser in possession; provided, the owner of said real estate shall have the right to file affidavit denying the whole or any part of amount for which execution was 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 Decatur county, and there tried and issues determined as in cases of illegality, subject to the penalties provided where the illegality is Page 696 filed for delay. The town shall have the 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, alleys, the option of having the space to be paved by themselves or by contract at his or its own instance, the object being to prevent delay and securing uniformity. The lien for assessment on abutting property, and on railway or street railway companies, for sidewalk paving, street paving, curbing, macadamizing, grading or draining, shall have rank and priority next in point of dignity to liens for taxes, such lien to date to the time 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. Street improvements. Street improvements. SEC. 31. Be it further enacted, That said town council shall have power and authority 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 town on such terms and conditions as said town council shall fix. Franchises. SEC. 32. 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 court officers, nor lower than those allowed the 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. Fees of officers. SEC. 33. Be it further enacted, That the town council shall have authority to employ an expert accountant on accounts, to inspect the books of any officer or employee 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. Expert accountant. SEC. 34. Be it further enacted, That all writs, processes, subp[oelig]nas, summonses, rules of all kinds, warrants, all executions for any and all kinds of taxes, licenses, fines, 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 Page 697 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 execute the same. Writs, etc., how issued. SEC. 35. Be it further enacted, That the mayor and town council are hereby invested 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 risk in such part or parts of the town of Donalsonville as they may designate as fire limits, and may change and enlarge fire limits when deemed necessary, and may exercise and use such supervision 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 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 of all warehouses, cotton-presses, cottongins, cotton and lumber yards, and naval-store yards, and other places in said town where materials of an inflammable nature are stored, and 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 their protection against 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 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 others as are directed, shall obey such orders and in all such cases they shall Page 698 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 provisions of this section, the town of Donalsonville, 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 or speculative damages in connection therewith. Fire limits. SEC. 36. Be it further enacted, That the 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 the area embraced within the jurisdictional limits of the county of Decatur, 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 grounds, or quarantine purposes, either permanent or temporary; and condemnation proceedings shall be had and done in the same manner and by the same rules as is provided in section 29 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 election 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 and, if need be, confine 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 may see fit to declare and prescribe; they shall have power 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. 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 Page 699 such a quarantine by and with the health officer of said town. No State board that now is, or that may hereinafter be established, shall ever have power to molest, lessen, or otherwise interfere with said authorities in the matter of quarantine in the said limits, save 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 resolution recommended by the town physician, health officer, board of health, and upon the same being 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 sanitation. Quarantine. SEC. 37. Be it further enacted, That such 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 and 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 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 lawful to prescribe for the same. And such authority, 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 such owner, and said execution shall proceed in the same manner and 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 of said town. Nuisances. SEC. 38. Be it 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 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 called meeting, to elect a board of health, to consist of five members for Page 700 such terms as town council may prescribe, and at such salaries as they may think proper. The mambers of said board of health shall be twenty-one years of age and over, bona-fide residents of said town, and shall take and subscribe to such oath and obligations as shall be prescribed and required of them by the said town council. Said town council shall declare, define and regulate, by ordinance and resolution, the duties and powers of said board of health, not inconsistent with the laws of the State of Georgia. Health officers. SEC. 39. Be it further enacted, That said 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 who shall have typhoid fever, smallpox, or any of the said infectious or contagious diseases, in or near said town, and who do not provide their premises with sufficient disinfectants, treatments and guards to completely regulate and control and quarantine said premises, but even when the said premises on which the said sick person may be sufficiently guarded, it shall be still in the judgment of the town council discretionary to assign all of sick persons to the hospital above declared. The mayor and town council shall have power and authority by ordinance or resolution that vaccination shall be compulsory upon all persons residing in said town of Donalsonville, and within one mile of the incorporate 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 the 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 said 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 cost, or imprisonment in the common jail, or such other place of confinement as the mayor and town council may direct. Pest house and hospital. Vaccination. SEC. 40. Be it further enacted, 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 Donalsonville, 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 or disorderly conduct within the limits of said town, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, Page 701 morality, peace, health, welfare, convenience and good government of and for said town. Lewd houses, etc. SEC. 41. 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 within limits of said town any such whiskey, brandies, beer or any other intoxicating or alcoholic drink, by whatsoever name or names the same may be called. Sale of liquors. SEC. 42. Be it further enacted, That the said mayor and town council shall have power and authority to compel all male persons (except such as are exempted under the law) within the corporated 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 each year; said mayor and town council shall have power and authority to levy and collect a direct tax for each year, without giving the person 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 services so required of them by the payment to the officers of said town authorized to receive and receipt for same such commutation tax as may be fixed by the 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 duty and commutation tax. SEC. 43. Be it further enacted, That the 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 a nuisance; also to assess and collect a business license-tax on all shows, circuses, exhibitions and performances of any and all kinds; also to license, regulate and control all livery-stables, drays, wagons, carts, and all pleasure vehicles of whatever kind within said town. And the mayor and town council shall have power and control over all public wells, pumps, and all water-works, fire companies and engines within said town. Licenses. SEC. 44. Be it further enacted, That the mayor of said town shall have power and authority to hold a court at such time and place in said town as he or the town council may appoint for the trial of offenses committed against the by-laws, rules, regulations and ordinances of said town, and for such violations to punish by Page 702 fines not to exceed one hundred dollars, imprisonment in the guard-house of said town or the common jail of Decatur county, not to exceed thirty days' work on the chain-gang, on the public work, on the streets, alleys, etc., 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 the 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 marshals 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 the 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 Decatur 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 peace, said mayor shall admit said accused to bail. If in the examination or trial of any one accused under a charge of violation of any of the municipal ordinances there is reason to suspect the 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. 45. Be it further enacted, That the mayor and town council of Donalsonville shall have power and authority to organize one or more chain-gangs and to confine therein persons who 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. Chain-gang. SEC. 46. Be it further enacted, 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 in two days after the judgment complained of is pronounced. The town council shall hear and determine said case so appealed at its next regular term thereafter, and shall investigate the case de novo. Appeals. SEC. 47. Be it further enacted, That the police court shall have power and authority to preserve order during the sessions of its court, compel the attendance of its 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 Page 703 to exceed ten dollars; and it is further provided, that the town council shall have the same right to punish for contempt when in regular or called session, as the police court; provided the punishment for such contempt shall not exceed that of the said police court. Punative powers of mayor's court. SEC. 48. Be it enacted, That should the mayor or any member of the town council be guilty of malpractice in office, wilful neglect of duty, gross or wilful abuse of powers entrusted to them, or for any reason become incompetent or unfit to fill such office, in the judgment of any three 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 the council jointly to bring a rule against such offending officer, setting up the charge against him before the judge of the superior court of Decatur county, who shall issue a rule nisi thereupon requiring the said offending 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 officer by handing him a 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 said rule, and may in his judgment remove the officer therein charged and declare the office vacant, and his judgment shall be final. Malpractice, etc. SEC. 49. Be it further enacted, 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 animal 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, control and prevention of all such animals in said town running at large, and they shall have the authority to have any dog running at large without a badge killed. Animals. SEC. 50. Be it further enacted, That all executions issued by the clerk of council of Donalsonville 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 shall 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 by him to satisfy said execution in the same manner respectively as the sheriff's sales of real property or constable's sales of personal Page 704 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 the sheriff's and constable's, and to be made under the same rules and regulations as govern sheriff's and constable's sales of similar property to that time, place and manner of sale of property both real and personal for taxes due shall be the same as provided by law for sales under execution 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 sale 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 cost, and after such property shall have been cried a reasonable time, the duly appointed or authorized agent of the town of Donalsonville may bid off such property for the town, and the marshal or other officer making the sale shall make the town of Donalsonville a deed to the property so sold and deliver the same, and the titles thus acquired by the town shall be perfect and valid after the period provided for 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 the 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 1046th district, G. M., of Decatur county. In case of illegality or claim filed, the usual or necessary bond shall be given by the party filing or tendering said illegality or claim. The lien of tax executions in favor of the town of Donalsonville 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 enforced. SEC. 51. Be it enacted, That whenever a person is arrested under the provisions of authority of this Act or under ordinance passed by authority of the same, it shall be lawful for him or her Page 705 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 town 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 against the defendant and his securities shall be entered 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 superior in dignity to all the judgments in this State rendered after the date of such judgment of forfeiture. Appearance bonds. SEC. 52. Be it further enacted, That from and after the passage of this Act the mayor and council of Donalsonville are hereby authorized and empowered to submit to the qualified voters 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, except that said election shall be published in the town paper, the question of issuing bonds in a sum not to exceed twenty-five thousand dollars ($25,000), and to be held for the purpose of establishing, building, maintaining and operating a system of electric lights, a system of waterworks or a system of waterworks and sewerage, one or all systems for said town of Donalsonville, and at said election the ballot shall be written or printed For electric lights and bonds or Against electric lights 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 submitted as bonds for electric lights, waterworks or waterworks, sewerage and bonds, 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, waterworks or waterworks and sewerage, or for all, as may be deemed most advisable by the mayor and the town council. Bonds for water and light. Page 706 (a) Should said election or elections herein provided for result in favor of electric lights, waterworks or waterworks and sewerage, or all, as the case may be, then the mayor and town council of Donalsonville shall be, and are, hereby authorized to issue said bonds for said purposes in a sum not to exceed twenty-five thousand dollars in the aggregate, each of said bonds to be in such sums as said mayor and town council may determine, said bonds to be paid in twenty years from date of issue, but the interest on said bonds to be paid annually. Bonds, how issued, terms, etc. (b) Said bonds to be officially signed by the mayor and clerk of Donalsonville under its corporate seal, shall be sold, hypothecated or disposed of to the very best advantage of said town of Donalsonville, as may be determined by the mayor and council of the town of Donalsonville. The proceeds thereof shall be used exclusively for the purpose of establishing, building, maintaining and operating either a system of electric lights, waterworks or waterworks and sewerage, or all, as the case may be, for said town. (c) The mayor and town council shall have full power and authority to make any and all rules, regulations and ordinances relative to said electric lights, 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. Regulations. (d) Said mayor and town council are hereby authorized and empowered to charge the citizens of said town such sums as the said mayor and town council may deem just and proper for the use of said lights, waterworks and sewerage. Charges for light and water. (e) The mayor and town council are hereby authorized annually to 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 the said bonds on their maturity, the said tax so levied and collected to be kept separate and distinct from all other taxes, and shall be used solely for the payment of interest and principal on said bonds aforesaid. Tax for interest and sinking fund. (f) The principal of said bonds when they shall become due and the coupons of interest warrants on the same shall be receivable by the town of Donalsonville in payment of all dues to said town, and said bonds shall not be taxable, directly or indirectly, by the town of Donalsonville. Bonds, nontaxable. (g) Be it further enacted, That if the election herein provided Page 707 for either electric lights, waterworks, or waterworks and sewerage, or all, should be against the issuing bonds for either or all systems, or should there be a failure to give the notice and make the application for confirmation and validation of said bonds as provided in sections 1 to 9 of the Act of the Georgia Legislature, approved December 6, 1897, providing for the confirmation and validation of all bonds for counties, municipalities and other divisions, then, in that or either event, the mayor and town council of Donalsonville may, at their own instance, and shall, at the application of any fifteen freeholders of said town, at any time hereafter, order another election under the provisions of this Act; provided, only, that such election shall not be held oftener than once in every six months; and provided further, that said mayor and town council shall call an election only for the lights, waterworks or waterworks and sewerage, and the same shall be for the issuing of bonds for that purpose, that they may still call another election at such time as they may deem proper to vote to establish the other systems; provided, that the aggregate amounts of all bonds shall not exceed the amount of twenty-five thousand dollars, the amount herein provided for. Elections. SEC. 53. 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 Donalsonville, and now constituting the present charter of said town, which are at variance or conflict with this Act are hereby expressly repealed, and that the provisions of this Act shall become operative on January 1, 1907, 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. Existing laws. Approved August 20, 1906. DOUGLAS, CITY OF, CHARTER AMENDED. No. 486. An Act to amend An Act to amend the charter of the city of Douglas, in the county of Coffee, so as to extend the corporate limits of said city of Douglas, so that the boundary shall be one mile in every direction from the court-house in said county; also providing for an issue of bonds by said city of Douglas in a sum not to exceed five thousand dollars, for the purpose of Page 708 buying and building school property in and for the said city, approved December 18, 1900, by striking from the seventh line of section 2 of said Act the word five and inserting in lieu thereof the word fifteen, and by striking from the sixteenth line of said section 2 of said Act the word five and inserting in lieu thereof the word fifteen, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the Act to amend the charter of the city of Douglas, approved December 18, 1900, be, and the same is, hereby amended by striking from the seventh line of section 2 of said Act the word five and inserting in lieu thereof the word fifteen, and by striking from the sixteenth line of section 2 of said Act the word five and inserting in lieu thereof the word fifteen, so that said section shall read as amended as follows: Sec. 2. Be it further enacted, That section 26 be, and the same is, hereby amended as follows, by inserting after subdivision (h) of said section 1, which shall read as follows: `The mayor and aldermen of the city of Douglas are hereby authorized to submit to the voters of said city, under the same conditions and qualifications as above set forth, the question of issuing bonds in a sum not to exceed fifteen thousand dollars, for the purpose of buying and building school property in and for said city. The question of issuing bonds for school purposes shall be submitted to the qualified voters of the city of Douglas at as early a date as practicable after the approval of this Act. At said election the ballots shall be written or printed For bonds or Against bonds. Should the said election result in favor of bonds, then the mayor and aldermen of said city of Douglas shall be, and they are, hereby authorized to issue said bonds for said purposes in a sum not to exceed fifteen thousand dollars in the aggregate, each of said bonds to be so issued to be in such sums as said mayor and aldermen shall designate; provided, the same be not less than fifty, nor more than five hundred dollars each, same to be due and payable in the same manner as is provided in subdivision (b), section 26. Said bonds shall be signed by the mayor and clerk of council of the city of Douglas under its corporate seal, and shall be sold, hypothecated or disposed of to the very best advantage to the said city of Douglas as may be determined by said mayor and aldermen, and the proceeds thereof shall be used exclusively for the purpose of purchasing, building and maintaining school property for said city; and the mayor and aldermen of the city of Douglas are hereby authorized and empowered, in their discretion, Page 709 to purchase property already improved, taking title thereto, in the city of Douglas, or, if they see proper and deem it for the best interest of said city, they may purchase unimproved property, and they are empowered to make such improvements on any property which they may purchase for said city as they may deem for the best interest of said city. All the provisions in section 26 not inconsistent herewith are made applicable to the said bonds so to be issued.' Douglas, city of. School 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. Approved August 17, 1906. DOUGLAS, CITY OF, CHARTER AMENDED. No. 441. An Act to amend An Act to create a new charter for the city of Douglas, in the county of Coffee, and to consolidate and declare the rights of said corporation, and for other purposes, approved December 20, 1899, by striking from sub-section (a) of section 26 the word twenty from the sixth line thereof and inserting in lieu thereof the word thirty-five, and by striking from the fifth line of sub-section (b) of section 26 the word twenty and inserting in lieu thereof the word thirty-five, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the Act creating a new charter for the city of Douglas, approved December 20, 1899, be, and the same is, hereby amended by striking from sub-section (a) of section 26 of said Act the word twenty from the sixth line thereof and inserting in lieu thereof the word thirty-five, and by striking from sub-section (b) of said section 26 the word twenty from the fifth line thereof and inserting in lieu thereof the word thirty-five, so that said sections (a) and (b) of section 26 of said Act, when so amended, shall read as follows: Sec. 26. (a) Be it further enacted, That from and after the passage of this Act the mayor and aldermen of the city of Douglas are authorized to submit to the qualified voters of said city, under the provisions of the Code of Georgia of 1895, sections 377 Page 710 to 381, both inclusive, the question of issuing bonds in a sum not to exceed thirty-five thousand dollars, and to be sold 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 systems, for said city of Douglas, and at said election the ballots shall be written or printed: For electric lights and bonds, or Against electric lights and bonds, or For waterworks and bonds, or Against waterworks and bonds, or For electric lights and waterworks bonds, or Against electric lights and waterworks bonds, as the case may be, according to whether the question is submitted as bonds for the electric lights or waterworks, or both, the city having the right, it is hereby declared and enacted, to call an election or elections, to vote upon the question of establishing, building, maintaining and operating plants for either the lights or the water, or for both, as may be deemed most advisable by the mayor and aldermen of said city. (b) Should the said election or elections herein provided for result in favor of electric lights or waterworks, or both, as the case may be, then the mayor and aldermen of said city of Douglas shall be, and they are, hereby authorized to issue said bonds for said purposes, in a sum not to exceed thirty-five thousand dollars in the aggregate, each of said bonds to be issued to be in such sums as said mayor and aldermen may designate; provided, the same be not less than fifty dollars nor more than five hundred dollars each, same to be due and payable as follows, to wit: One per cent. each for the first two years; two per cent. each year for three years; two and one-half per cent. each for six years; three per cent. each for four years; three and one-half per cent. each for six years; four per cent. for one year, and five per cent. each for eight years, with interest thereon not to exceed six per cent. per annum, said interest to be paid annually, and all of said bonds maturing within thirty years. Douglas, city of. Bonds for electric lights and waterworks SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the same be, and the same are, hereby repealed. Approved August 14, 1906. Page 711 DOUGLASVILLE, TOWN OF, CHARTER AMENDED. No. 659. An Act to amend the charter of the town of Douglasville, approved August 26, 1891, so as to authorize the mayor and council of said town to curb, grade, pave, macadamize and otherwise improve the sidewalks of said town; to provide for assessing the cost of improvement against abutting land and the owners thereof respectively according to frontage, and for collecting the same and for making repairs. SECTION 1. Be it enacted by the General Assembly of Georgia, That an Act incorporating the town of Douglasville, in Douglas county, approved August 26, 1891, be amended so as to authorize the mayor and council to curb, grade, pave, macadamize and otherwise improve the sidewalks of said town. Douglasville, town of. SEC. 2. That said mayor and council shall have power and authority to assess the cost of paving and otherwise improving the sidewalks, including the necessary curbing and the cost of the labor thereon, on the real estate abutting on the street on the side of the street on which is improved. Street improvements SEC. 3. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes for the amounts set forth as may be just and proper, estimating the total cost of each improvement made and prorate the cost thereof on the real estate according to its frontage on the streets, or portion of street, improved; and the amount of assessment on each piece of real estate shall be a lien thereon in favor of said town. Assessments. SEC. 4. Said mayor and council shall have full power and authority to enforce the collection of the amount of assessment so made for the work and material used in improving said sidewalks by execution issued by the mayor against the real estate so assessed, and against the owners thereof, at the date of the ordinance making such assessment, which execution shall be levied by the marshal of said town on such real estate, and after advertising and other proceedings, as in cases of other tax sales; the same shall be sold at public outcry to the highest bidder to satisfy such execution, and such sales shall pass absolute title to the purchaser, and said marshal shall have full power to put said purchaser in possession of the property sold. Assessments, how collected. SEC. 5. The lien for assessments upon abutting property for Page 712 sidewalks, curbing, grading, paving, macadamizing and otherwise improving sidewalks shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from passage of any ordinance authorizing the execution of the work in such case. Liens for assessments. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. DULUTH, TOWN OF, NEW CHARTER. No. 517. An Act to create a new charter for the town of Duluth, in the county of Gwinnett, 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, and it is hereby enacted by authority of the same, That the town of Duluth, 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 Duluth, and by that name may sue and be sued, have and use a corporate seal, buy, hold, exchange, sell and convey property, and make all needful and lawful contracts. 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. Duluth, town of. Corporate powers. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend three-fourths of a mile in every direction from the present depot of the Southern Railway Company in said town. Corporate limits. SEC. 3. Be it further enacted, That the government of said town of Duluth shall be vested in a town council composed of a mayor and five councilmen, who shall be elected in the manner hereinafter set out. The present commissioners of the town of Duluth 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 Page 713 have and execute all rights, powers and duties hereby conferred on the town council of the town of Duluth created by this Act; and the president and president pro tem. of the present commissioners of said town shall be vested with all the rights, powers and duties conferred upon the mayor and mayor pro tem. created by this Act; and all ordinances, rules and regulations of the old corporation of the town of Duluth, 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 said town, and all officers elected or appointed by the commissioners of the old corporation of the town of Duluth 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 and qualified, unless sooner suspended, removed or discharged by the authority aforesaid. Mayor and councilmen. Existing or dinances, etc. SEC. 4. Be it further enacted, That an election shall be held in said town of Duluth on the third Saturday in December, 1906, 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. Elections. SEC. 5. Be it further enacted, That all elections held under the provisions of this charter and all elections in which any subject or question is submitted to the qualified voters of the town of Duluth shall be superintended and managed by a justice of the peace and two freeholders, or three freeholders, all of whom shall be citizens of said town. If 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 Gwinnett county qualified by law to administer oaths, or before each other in the absence of such officer, the following oath: We, and each of us, do solemnly swear that we will faithfully and impartially conduct this election, and prevent all illegal voting to the best of our skill and power; so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally-sheets. All elections shall be held at the council chamber, or some other place previously provided for by the town 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 persons appointed, and if any one or more of said managers so appointed fail to appear and serve at the time for opening the polls on the day of election, the vacancy may be filled instanter, and the necessary number of managers appointed by the mayor then in office, or by the mayor pro Page 714 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 town council, not to exceed two dollars per day each, to be paid out of any funds in the town treasury. Election managers. SEC. 6. Be it further enacted, That the polls at the election, held in and for said town, shall be open from nine o'clock a. m. to three o'clock p. m., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the same. 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 Gwinnett county. The other list of voters and tally-sheet shall be filed with the clerk of the council by the managers of the elections for delivery to said 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 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. Election returns, etc. SEC. 7. Be it further enacted, That all persons who have paid all taxes legally imposed and demanded of them by the town authorities, and who have been bona-fide residents of said town for at least three months previous to the time when the election is held, and who are qualified to vote in the county of Gwinnett for the members of the General Assembly of Georgia, shall be considered electors and be entitled to vote in said town election. Electors. SEC. 8. Be it further enacted, That if any person shall vote in the elections in said town who is not legally entitled to vote under the laws thereof, 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 Gwinnett county has been preferred against him, and he be convicted. Illegal voting. SEC. 9. Be it further enacted, That the town 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 Page 715 registered. Every person shall be allowed to register and vote who has resided in the town of Duluth three months and has paid all fines and taxes due said town and is qualified to vote in Gwinnett county for members of the General Assembly of Georgia, and shall make oath that he is so qualified to vote. Said book 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. 10. Be it further enacted, That no person shall be eligible to the office of mayor, or of councilman of said town, unless he be a citizen of said town and the age of twenty-one years, and has resided in said town one year prior to said election, and shall have paid all taxes required of him by the laws of said town and of the State. Qualifications of mayor and councilmen. SEC. 11. Be it further enacted, That the term of office of mayor and councilmen of the town of Duluth shall be for one year from the first Monday in January after their election, and until their successors are elected and qualified. On the first Monday in January of the year after their election the mayor and councilmen-elect shall meet in the council chamber and there severally take before some officer of this State authorized to administer oaths, or the mayor then in office, who is hereby 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 town of Duluth for the ensuing term, and faithfully enforce the charter and ordinances of said town to the best of my skill and knowledge without fear or favor; so help me God. Should any councilman or mayor-elect be absent from said meeting he shall take the oath of office as soon as possible thereafter. Election and oath of office. SEC. 12. Be it further enacted, That should any contest arise over the result of any election in and for said town, it shall be conducted as follows: The contestant, or contestants, shall within then days from date of the election by petition to the superior court of Gwinnett 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 Gwinnett 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 said 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 endorse the same on said copy; provided, that the time of hearing shall not be more than sixty Page 716 days 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 render 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 election. SEC. 13. Be it further enacted, That during the pendency of said contest the persons who have been declared elected, as hereinbefore provided, shall exercise the duties of their respective offices. Office pending contest. SEC. 14. Be it further enacted, That all vacancies from death, resignation, or otherwise, shall be filled by special election, to be called for that purpose, of which at least ten days' notice shall be given by three notices being posted in three public places in said town. Vacancies. SEC. 15. Be it further enacted, That the town 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 town. Said council shall hold monthly, semi-monthly or weekly meetings, as they may determine, and the mayor, or mayor pro tem., may call such other additional meetings as the emergencies may require in his judgment. At such meetings of said council the proceedings of the last meeting shall be read and corrected, if erroneous, and signed and approved as correct by the presiding officer for the time being. Upon the call of any member, the yeas and nays on any question shall be taken and recorded on the book of minutes. Meetings of council. SEC. 16. Be it further enacted, That the town council shall, at 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 said 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 Page 717 absence or disqualification of the mayor, or when the mayor, from sickness or for other reasons, is unable to act. Mayor pro tem. SEC. 17. Be it further enacted, That the town council shall have power to elect a marshal and 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 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 marshals as may be necessary, from time to time, and said extra marshals shall receive such compensation as may be fixed by the council. Each of said officers shall, before entering upon the discharge of their duties, take an oath to faithfully discharge said duties, such oath to be prescribed by the mayor and councilmen; such officers to receive such salary and to make such 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 council when it shall satisfactorily appear to the mayor and council that the said officers have been negligent of duty. Town officers. SEC. 18. Be it further enacted, That the mayor of said town shall be the chief executive of said town; he shall see that all laws, ordinances, resolutions, by-laws and rules of said town are faithfully and fully enforced and executed, and that all officers of said town shall faithfully perform the duties required of them. That the town 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 is 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 other 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 Page 718 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 were absent. It shall be optional, not compulsory, for said council to have posted any measure, ordinance or resolution at such places in the town as they may direct, for the information of the public, or may have the same published in any newspaper in said town or having a circulation therein, but the failure to so post or publish any ordinance, resolution or measure shall in nowise operate to render same void. Powers of mayor. Publication of ordinaaces. SEC. 19. Be it further enacted, That the mayor of said town may exercise within the town 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 town twenty-one years of age and over to aid in enforcing the laws and ordinances of said town in suppressing riot or disorderly assemblages of any kind; he shall have the right to inspect the books and papers of any employee or officer of said town; he shall, from time to time, and especially at the end of each official year, give the council information relative to the affairs of the town, and he shall recommend for the consideration of the council such measures as he may deem fit and proper. Powers and duties of mayor. SEC. 20. 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 the mayor's court, for the trial of all offenders against the laws and ordinances of said town 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 town law, ordinance, rule, or for contempt, shall be a fine not exceeding one hundred dollars, or imprisonment in the guardhouse for a term not exceeding fifty days, or to work on the streets or such other place or places where the offender may be lawfully placed at work, not to exceed fifty days; 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 town council; provided, the appeal to be entered instanter and a bond be given for his appearance to abide the judgment of the 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 Page 719 counsel in any trial in the mayor's court. In case an appeal is entered and bond given, the mayor or marshal shall assess the bond and approve the same. The trial on the appeal shall be heard before the mayor and the entire 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 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 Gwinnett county, the right to certiorari in accordance with the law being hereby given. The council shall have the right to establish a chain-gang in said town, to own and possess a guardhouse and provide for the confinement of offenders therein during the time they are not at work, and to provide for their maintenance during the period of imprisonment. The town 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 council. Mayor's court. Appeals. Certiorari. SEC. 21. 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 town, it shall appear that such person is probably guilty of offense against the 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. Commitment or bail. SEC. 22. Be it further enacted, That it shall be lawful for the marshal, or extra marshal, of said town to arrest without a warrant any and all persons within the corporate limits of said town 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 town, 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 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 citizen of the town, and such person when so summoned shall be bound to assist and aid such Page 720 officers, and for failure to do so may be punished in the mayor's court in the manner heretofore provided. Arrests. SEC. 23. Be it further enacted, That the marshal or any lawful officer of said town 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 town of Duluth in an amount fixed by the arresting officer. When a bond is given and accepted by an 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 the trial, and in such event it shall be the duty of the mayor to call his court as early as practicable and give the offender a speedy trial. Appearance bonds. SEC. 24. Be it further enacted, That if any person who has been arrested for violating any law or ordinance of the town of Duluth, and has given bond for his or her appearance before the proper town authorities to answer the charge preferred, fails to so appear at the time fixed in the bond, said bond may be declared forfeited, and the town council shall have full power and authority to provide for the collection of the same from the principal and security to such bond by judgment, execution and sale. Forfeitures SEC. 25. Be it further enacted, That the town council shall have the right and power to establish a fee-bill for the officers of said town. Said fees may be collected and turned into the treasury of said town, or may be paid to the officers so earning said fees, as the council by shall direct. Fees of officers. SEC. 26. Be it further enacted, That the salaries of all officers of the town of Duluth shall be fixed by the town council at the first meeting after their installation and qualification, which salaries shall not be increased or diminished during the terms of office of said officers; provided, that the salary of the mayor of said town shall not exceed fifty dollars, and of councilman shall not exceed twelve dollars. Salaries. SEC. 27. Be it further enacted, That said town council shall have the power to control the finances and property of the town, 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 town government, the said council shall have full power and be authorized to levy and Page 721 collect an ad valorem tax upon all the property, both real and personal, in the corporate limits of said town, not to exceed one-half of one per cent., but when that amount is deemed insufficient said council shall have authority to levy an additional tax in the mode and manner provided by the Constitution and laws of the State of Georgia. Ad valorem tax. SEC. 28. Be it further enacted, That the town 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 town limits, and upon the inhabitants of said town to engage in or offer or attempt to engage in any profession, trade, 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, 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 practicing or engaging in such profession or occupation, trade or business, and said town 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 town council made in reference thereto. Specific tax. SEC. 29. Be it further enacted, That said town council shall have power and authority to regulate and control by ordinance and to license all hotels, boarding-houses, restaurants, saloons for the sale of bottled goods, creams, ices, soft drinks of any kind and nature, livery and feed stables, hacks, drays and other vehicles run for profit, auctioneers, itinerant traders, theatrical performances, shows and circuses, and exhibitions of all kinds where an admission fee is charged; every keeper of billiard and pool tables a tax for each table so kept for public play, keeper of a shooting gallery, or tenpin-alley or any game of chance, upon the keeper of any table, device, stand or play for the performance of any game or play, whether played with sticks or balls, rings or other contrivance, whether for money or other thing of value; upon life, fire and accident insurance agents, banks and bankers, and upon all and every establishment, business, trade or occupation not herein mentioned and which, by the laws of this State, are subject to license. Licenses Page 722 SEC. 30. Be it further enacted, That the town 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 persons to whom said license was granted is abusing the same, or when it is to the best interest of the town to do so. Licenses. SEC. 31. Be it further enacted, That the town council shall have power to enforce by execution the collection of any debt or claim due or to become due to said town 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 town, said executions to be issued by the clerk of the council and signed by him and bear the test in the name of the mayor of the town of Duluth, directed to the marshal of the said town, and to all and singular 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 be sold as is provided by the Code of Georgia 1895, by sections 732, 733, 734, 735, in case of sales for taxes. Municipal executions, how enforced. SEC. 32. Be it further enacted, That the said town council shall have power to provide by ordinance when the taxes of said town shall fall due, and tax executions shall issue against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when due. SEC. 33. Be it further enacted, That the said town council shall have power and authority to levy and collect a street tax, in addition to other taxes, 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 laws of the State; provided, that said person so taxed shall have an opportunity to work on 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 on the streets in lieu thereof may, after five days' notice, be tried in the mayor's court, and on conviction be punished as heretofore provided. Street tax. SEC. 34. Be it further enacted, That the clerk of the council 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 the town council, which shall describe the location and value of each separate piece of real property, the Page 723 amount and value of all personal property and what business he may follow upon which a special tax or license is required. Tax returns. SEC. 35. Be it further enacted, That after all taxes have been returned, the town 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 with the assessed valuation by the said council may appeal to arbitrators as provided by the laws of this State. Tax returns. SEC. 36. Be it further enacted, That the town council be forever prohibited from granting licenses in any form to any one to sell spirituous, vinous, malt or other intoxicating liquors within the town of Duluth, and the said 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 limits of said town. Sale of liquor. SEC. 37. Be it further enacted, That the town council shall have authority to establish and maintain such quarantine and other regulations as, in their judgment, may be necessary to prevent the introduction or spread of any and all infectious or contagious diseases in said town. Quarantine. SEC. 38. Be it further enacted, That said town 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 town 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 of said town. Churches and cemetery. SEC. 39. Be it further enacted, That the town 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 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 town council, after giving five days' notice, shall cause any building not fireproof and erected Page 724 in violation of the ordinances of said town 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 town; and the said town council shall have the right to determine what are and what are not fireproof buildings within the meaning of said ordinances. Said town 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 town council it is necessary to do so in order to insure safety against fire. Fire limits. SEC. 40. Be it further enacted, That the town council shall have the power to condemn and appropriate 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 town; 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 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 landowners to curb, pave or improve sidewalks at their own expense under the direction of the town authorities, and upon failure of such landowners to do so, the town authorities may have such work done and collect the cost thereof from the abutting landowners by execution as other taxes are collected; provided, no private property shall be condemned or appropriated until a just and adequate compensation is paid therefor, to be determined by arbitration if necessary. Streets, etc. SEC. 41. Be it further enacted, That the town council shall have the right and power to regulate the use of all sidewalks and crosswalks; 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 town limits; to regulate or prohibit the use of the streets and public grounds for sings, sign-posts, awnings, horse-racks and troughs, the posting of handbills and advertisements, or scattering waste paper, refuse, goods-boxes and the like; to prevent loiterers, tramps, vagrants and idle persons and lewd females from walking the streets Page 725 and sidewalks of the town, and may punish them as heretofore provided; 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 town 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 marshal, or any extra marshal, of said town to enter said room, house or building, by force if necessary, and arrest the occupants thereof and bring them before him to be dealt with according to law; that said town council shall have the power 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 town; that the town council shall have the 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 town; 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; to regulate and prevent the storing of gunpowder, gasoline or other inflammable matter within the town limits; to regulate the use of firearms, fireworks or other dangerous explosives or annoyances used in sport or otherwise in said town. Police powers. SEC. 42. Be it further enacted, That the town 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 taxable property of said town for the purpose of maintaining and establishing a system of public schools in said town, said fund not to be used for any other purposes; but before said public-school system shall be adopted, it shall be submitted to the qualified voters of said town, for which purpose the town council are authorized, whenever they deem it expedient, to order an election, of which thirty days' notice shall be given by three notices being posted in three public places in said town, which election shall be held as provided for all elections held under this charter. 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 printed or written on their ballots the words Against public schools; and Page 726 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 town. Should the election provided for in this section be against public schools, the town council shall not call another election for the same purpose until a year has elapsed, but said 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. SEC. 43. Be it further enacted, That should a system of public schools be established in said town, as provided for in the preceding section, the town council shall elect five citizens of said town to constitute a board of education of said town. The mayor or any councilman shall be eligible as a member of the board of education. The 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. 44. 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 town; to appoint or elect a superintendent and select teachers for the same; to suspend or remove such superintendent or teachers; to fix compensation of superintendent and teachers; to provide schoolhouses by rent, building, purchase or otherwise, but the title to all school property shall be and remain in the town of Duluth; 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. Said board shall establish separate schools for white children and colored 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 reside within the corporate limits of said town, 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. Public school system. SEC. 45. Be it further enacted, That when said public-school system is adopted the board of education of said town 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, Page 727 and shall lay the same before the town 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. 46. Be it further enacted, That after said public-school system shall have been adopted by the town of Duluth, the board of education of Gwinnett county shall not contract with any person or persons to teach any other 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 the public school contemplated in this Act, after it shall have been adopted. Other schools. SEC. 47. Be it further enacted, That all previous Acts incorporating the town of Duluth, and the same are, repealed by this Act, and laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. EAST ROME, TOWN OF, CHARTER AMENDED. No. 651. 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 the passage of this Act the charter of East Rome shall be amended as follows: By striking from said Act approved September 24, 1883, section fourteen and inserting in lieu thereof these words: Sec. 14. Be it further enacted, That the municipal government of East Rome shall annually cause to be made and entered upon its minutes an accurate estimate of all sums chargeable to and payable by East Rome during the fiscal year, thereupon said government shall levy a tax sufficient to pay the same during said fiscal year. Said tax so levied shall be for general purposes, and to pay the current expenses of said municipal government of East Rome economically administered. The yearly tax-rate for said purposes shall be limited to three-fourths of one per centum upon the assessed value of improved and vacant real property in East Rome for said year. No additional tax levy shall be made for any other purpose, except for establishing and maintaining a system Page 728 of common schools, in which the elementary branches of an English education shall be taught. East Rome, town of. Tax rate. By striking section 26 from said Act and inserting in lieu thereof these words: Said municipal government of East Rome is authorized and empowered to borrow money, not exceeding twenty-five hundred dollars, to supply casual deficiencies in its annual revenue. When necessity requires, in its discretion, it may incur debt by contracting an urgent deficiency loan for a period not exceeding two years, on such terms and conditions as shall best subserve the interests of the taxpayers of East Rome. Said debt shall be evidenced by notes issued under the authority of a resolution of the council, entered upon the minutes, directing the mayor and clerk to issue such notes in the name of East Rome at a regular meeting by a vote of the councilmen, which shall appear of record. Such notes must be issued under the authority of this Act. The funds of East Rome shall be lawfully disbursed by its municipal authority, in such manner as shall be deemed safest and best, of which its servants administering within legal limitations the municipal government shall be sole judges. Said municipality in its corporate action is clothed with ample power to make, perform and execute all contracts necessary for the public welfare, consistent with its ordinances, charter powers and laws of general operation. Loans. Sec. 36. All laws or parts of laws militating against the provisions of the foregoing Act are hereby expressly repealed. Approved August 20, 1906. EASTVILLE, TOWN OF, INCORPORATED. No. 577. An Act to incorporate the town of Eastville, in the county of Oconee; to appoint mayor and councilmen thereof, 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, That from and after the passage of this Act the town of Eastville, in the county of Oconee, said State, be, and the same is, hereby incorporated under the name and style of the town of Eastville. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the Page 729 mayor and council of said town they may sue and be sued, plead and interplead, and exercise all other corporate powers that may be necessary in performing their duties. Eastville, town of, incorporated. SEC. 2. Be it further enacted by authority of the same, That the corporate limits of said town shall extend one-half mile equidistant in every direction from Malcom's store. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That W. W. Jordan be, and he is, hereby appointed mayor of said town, and that D. D. Slinchcom, T. V. Witcher, H. H. Thomas, J. R. Cross, J. M. Austin 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 1907, and until their successors are elected and qualified, and they shall enter upon their duties immediately after the passage of this Act. Mayor and councilmen appointed. SEC. 4. Be it further enacted by the authority aforesaid, That an election shall be held in said town at such place as the mayor thereof shall designate, on the third Saturday in January, 1907, and on the third Saturday thereafter in January in each year, for mayor and five councilmen, who shall hold their offices for one year, or until their successors are elected and qualified; and if there should, for any cause, be a failure to hold said election at the time specified, then, and in that event, the mayor or mayor pro tem., if there be no mayor or he is absent, shall order an election held in said town by posting notices in three public places in said town for ten days before said election. The polls at all elections in said town shall be opened at ten o'clock a.m. and close at three o'clock p.m. There shall be three managers of such elections, who shall be a justice of the peace and two freeholders, or three freeholders, and said elections shall be conducted as elections for members of the General Assembly are conducted. The superintendents or managers of said election shall issue a certificate of such election to such persons as receive the highest number of votes, which certificate may be as follows: The undersigned superintendents of an election held this the..... day of....., in the town of Eastville, in the county of Oconee, for mayor and councilmen, do certify that.....received the largest number of votes for mayor, and is hereby declared to be elected mayor, and that..... received the highest number of votes for councilmen, and are declared to be elected councilmen, which certificate shall be signed by the superintendents. Election of mayor and councilmen. SEC. 5. Be it further enacted, That before entering upon the Page 730 discharge of their duties the mayor and each councilman shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge the duties devolving upon me as mayor or councilman (as the case may be) of the town of Eastville to the best of my ability and understanding; so help me God. Oath of mayor and councilmen. SEC. 6. Be it further enacted, The mayor of said town shall by virtue of his office be also clerk and treasurer of said mayor and council, and shall as such clerk and treasurer give a bond for the faithful discharge of his duties, payable to the councilmen of said town and to their successors in office, the amount of which bond shall be fixed by the council each year, and shall be accepted by them when executed and approved, and shall be recorded on the minutes and be kept in the custody of the mayor pro tem. SEC. 7. Be it further enacted, That the term of office of the mayor and councilmen, after those appointed by this Act, shall begin the first Monday in February and continue for one year and until their successors are elected and qualified; the mayor and councilmen shall hold their meetings on the fourth Saturday in each month, unless changed by mayor and councilmen. If necessary, the council shall elect a marshal, prescribing his duties and his compensation. If there be no marshal elected by the council and an emergency arises the mayor shall be empowered to appoint a marshal. Meetings, etc. SEC. 8. Be it further enacted, That the marshal of said town, when elected, or when appointed, shall be empowered to arrest any person or persons who may act disorderly in said town and take them before the mayor for a hearing, and to perform such other duties as may be required of him by the mayor and councilmen. Arrests. SEC. 9. Be it further enacted, That the mayor and council of said town shall have power and authority, from time to time, to make, ordain and establish such by-laws, ordinances, rules and regulations as shall to them appear necessary and proper for the security, welfare, convenience and interest of said town of Eastville and the inhabitants thereof, and for the preservation of the health, morals, peace, order and good government of the same, and not inconsistent with the Constitution and laws of the State of Georgia. General welfare. SEC. 10. Be it further enacted, That the mayor of said town, whenever the ordinances and so forth of said town that shall be enacted by the mayor and council shall be violated by any person, shall have authority to fine such person in a sum not to exceed one hundred dollars, and in default of the payment of said fine, to work such person on the streets of said town for not more than Page 731 thirty days; or said fine may be collected by execution issued upon said fine, which execution shall bind all the property of the person so fined except such liens as are superior to it. Punative powers. SEC. 11. Be it further enacted, That so much of the laws contained in part 1, title 7, chapter 1 of the revised Code of Georgia, not in conflict with this Act, shall be, and the same are, hereby made applicable to the government of the town of Eastville. General law. SEC. 12. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. EDGEWOOD, TOWN OF, CHARTER AMENDED. No. 653. An Act to amend the charter of the town of Edgewood; to change and extend the limits of said town on the east and north sides thereof; also to authorize the mayor and council of said town to grade, pave, put down curbing, sidewalks, drains, sewers and other improvements upon the streets of said town, and to assess the cost of the same against the property abutting upon its streets so improved, and against the owners of the property; also to authorize the mayor and council of the town of Edgewood to levy an ad valorem tax not to exceed one per cent. upon all property in the limits of said town subject to the State tax for the purpose of paying the expenses of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same, That section 1 of an Act amending the charter of the town of Edgewood, approved July 24, 1903, be amended by striking out of said section the words in the eleventh line of said section, to Clay street, and inserting in lieu thereof the words to the middle of Clay street; also by striking out all the words a point two hundred feet north of McLendon street; thence westerly parallel with McLendon street to the east line of Mell avenue; thence north along Mell avenue to the north line of Arnold street; thence west along Arnold street to the east line of Mayson avenue, formerly Smith street; thence north along Mayson avenue to Euclid avenue, formerly Decatur turnpike; thence westerly in a straight line to the Page 732 beginning point, said words occurring in the fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth and twenty-first lines of said section, and inserting in lieu thereof the following words: the north line of land lot No. 238 in said district and county; thence west along the north line of land lots Nos. 238, 239 and 240 to the beginning point, so that said section when amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act incorporating the town of Edgewood, in the county of DeKalb, approved December 9, 1898, be, and the same is, hereby amended, repealing section 2 of said Act and enacting in lieu thereof the following as the corporate limits of said town, to wit: Beginning at the northwest corner of land lot No. 240, in the 15th district of DeKalb county, Georgia, on the line between the counties of DeKalb and Fulton, and running thence south along the line between said counties 6,886 feet; thence east 5,800 feet to the middle of Clay street; thence north to the south line of the right of way of the Georgia Railway and Banking Company; thence easterly along the south line of said right of way to a point opposite the line between the lands of M. H. Hayes and Mrs. S. A. Hull; thence north to the north line of land lot 238 of said district and county; thence west along the north line of land lots 238, 239 and 240 to the beginning point. Edgewood town of. Corporate limits. SEC. 2. Be it further enacted, That section nine of an Act incorporating the town of Edgewood, in the county of DeKalb, approved December 9, 1898, be amended by striking from said section the words one-half of, occurring in the second line of said section, so that said section when amended shall read as follows: That said mayor and aldermen shall have the power to levy a tax not to exceed one per cent. on all property, real and personal, subject to the State tax, within the corporate limits of said town for the purpose of paying the expenses of the town and of the system of public schools hereinafter provided for; they shall also have the power and authority to require all persons subject to road duty under the laws of this State to work on the streets and sidewalks of said town, but they may receive in lieu of said work such commutation fee as said mayor and aldermen shall prescribe. Taxation. SEC. 3. Be it further enacted, That said mayor and aldermen of the town of Edgewood shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage the streets, public lanes and alleys of said town, and to construct sidewalks and pave the same, to Page 733 put down curbing, cross-drains, crossings and otherwise improve the same. Streets, etc. SEC. 4. Be it further enacted, That in order to fully carry into effect the authority above delegated, said mayor and aldermen shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including all necessary curbing for the same, on the real estate abutting on the street and on the side of the street on which the sidewalk is so improved. Street improvements. SEC. 5. Be it further enacted, That said mayor and aldermen shall also have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings, and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved. In order to exercise the authority hereinbefore conferred upon said mayor and aldermen it shall be necessary that the owners of at least one-third in frontage of the real estate abutting on the street or portion of the street to be macadamized, paved or otherwise improved, in writing petition to the mayor and aldermen to make such improvements. Upon the filing of said application the mayor and aldermen shall cause a notice of the presentation of such petition, and of the time and place when the same will come up for consideration, to be published in one of the newspapers published in the county of DeKalb at least ten days before an ordinance shall be passed based on said petition. When the petition comes up for action, opportunity shall be given to all persons interested to advocate or oppose the granting of the petition. An ordinance shall be passed directing the work to be done. This work may be done under immediate direction of the mayor and aldermen, or through the medium of contractors, each piece of work to be separately contracted for. In all cases where the petition appears to be signed by sufficient frontage to authorize the passage of the ordinance, and the mayor and aldermen determine that it is sufficient to authorize the passage of the ordinance, which determination shall be evidenced by the passage of the ordinances, and the work is executed there-under, and notice has been published as hereinbefore provided for, the determination of the mayor and aldermen as to the sufficiency of the petition shall be final as to the rights and interests of all persons or corporations interested who have not prevented the execution of the work by an injunction or other appropriate legal or equitable remedy before it is commenced. Any railroad company or street railway company having tracks running through any street or portion of street which is to be paved by said town under the assessment plan provided for by this Act Page 734 or the general law of the State, shall be required to pay the whole cost of paving or otherwise improving eleven feet in width of said street or portion of said street where there is one track, and in case any railway or street railroad company shall construct more lines of track in any street or portion of street already paved, or to be paved, it shall pay for the paving between the rails of its tracks and fourteen inches on each side of said rails of the street or portion of street occupied by its tracks, according to the value of the pavement, to be judged by the mayor and aldermen. The material to be used in paving or otherwise improving streets shall be such as the mayor and aldermen shall select in each case. Assessments for street improvements. SEC. 6. Be it further enacted, That the said mayor and aldermen shall have full power to repave any street or alley or portion of such street or alley upon like petition and after proceedings, and to levy and collect assessments therefor as in cases of original paving provided for under this Act whenever, in the judgment of the said mayor and aldermen, the paving originally laid on such street or portion of such street or alley is worn out to that extent that it is no longer useful as a good pavement. Street improvements. SEC. 7. The mayor and aldermen of said town shall have authority to enforce collection of the amount of any assessment made for work either upon the streets or sidewalks by execution to be issued by the clerk of council against the real estate assessed and against the owner thereof, and against the property of any railroad and street railroad in said town at the date of the ordinance making the assessment, which execution may be levied by the marshal of said town on such real estate, and after advertisement and other proceedings as in case of sales for city taxes the same may be sold at public outcry to the highest bidder, and such sale vest title in the purchaser as in case of tax sales; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and specifying fully the grounds of such denial of liability, 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 superior court of DeKalb 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; provided, the judge of said superior court shall have authority to dismiss any affidavit of illegality for insufficiency before the time when the same would regularly come up for trial. Executions, how enforced. Page 735 SEC. 8. Whenever any street railway company lays a doubletrack or line on any street in said town, and such street shall at the same time or thereafter be macadamized or otherwise paved, such street railroad company shall only be required to macadamize or otherwise pave between the rails of each line of track, and for fourteen inches outside thereof, this being equivalent to paving as now and hereafter required by law and charter of said town. Street railroads. SEC. 9. Be it further enacted, That when the consent of said town is given to the laying of street railroad tracks in or on a street which is unpaved and without pavement improvement, said town may prescribe and require that tracks shall be so laid and such paving done between the tracks and for such space on each side thereof as will preserve the use, comfort and safety of such street for the public. Street railroads. SEC. 10. Be it further enacted that when street railroad tracks are laid in said town on a street which has already been paved or permanently improved, and upon which said company has no tracks, said town may require such contribution or payment to the said town for said town, and the owners of abutting property at the time of laying such tracks on account of the paving or pavement improvement of any such street as the mayor and aldermen of said town may deem proper. Said town may regulate and enforce the payment or collection of such amount of contribution, and may require payment of same before consent granted to lay such tracks, and may grant consent conditional on such payment thereafter. Such street railroad company shall be liable for its pro rata of the costs to repave when the same is done according to law. Street railroads. SEC. 11. Be it further enacted, That the mayor and aldermen of said town are authorized in their discretion to grade, pave, macadamize and otherwise improve for travel and drainage the streets and alleys, not exceeding four squares thereof, which connect to other streets already improved upon the petition of abutting owners having less than one-half and not less than one-third frontage, the same to be done in the manner prescribed by this Act, the cost thereof to be ascertained, paid for and payment enforced in like manner as is or may be provided by law and ordinances of said town in other cases. Street improvements. SEC. 12. Be it further enacted, That the mayor and aldermen of said town are authorized in their discretion, in addition to the powers conferred by the above-recited Acts, to grade, pave, macadamize or otherwise improve for travel and drainage, streets and alleys in said town, not to exceed four squares of any street or alley, a portion of which street or alley is already paved or Page 736 macadamized or otherwise improved, when such improvements by paving, macadamizing or otherwise will connect a portion or portions of such street or alley already improved or will connect an improved portion of such street or alley with another improved street or alley upon the petition of abutting owners having less than one-half and not less than one-third frontage on the street or alley or portion of the street or alley the improvement of which is petitioned for, the same to be done in the manner prescribed by this Act, the cost thereof to be ascertained, paid for and payment enforced in like manner as is or may be provided by law and ordinances of said town in other cases. Street improvements. SEC. 13. The amount of assessment on each piece of real estate shall be a lien on said real estate from the day of the passage of the ordinance providing for the work and making the assessment. The lien so given to the town of Edgewood for assessments upon abutting property and also upon the property of railroad companies and of street railroad companies for street or sidewalk paving or curbing, or the construction of sewers, shall have rank and priority of payment next in point of dignity to the liens in favor of the town of Edgewood for taxes due said town. Such lien and priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. Liens for assessments. SEC. 14. The power and duty of the mayor and aldermen of said town to keep its streets, whether paved or unpaved, in repair and to pay for such repair out of the general fund of said town is in no way affected by the passage of this Act. The marshal or collecting officer of said town, as the case may be, shall be authorized to transfer and assign any fi. fa. or fi. fas. issued for street, sewer or other assessments, in the same manner, upon the same terms and to the same effect and vesting the purchaser or transferee with the same rights as in cases of sales or transfer of tax fi. fas. as now allowed by law, and that all sales of property hereafter made, under execution, made in behalf of the town for the collection of street, sewer and other assessments, the owner or owners, as the case may be, shall be authorized to redeem the same within the same time or compliance with the same terms and payment of same premiums, interest and cost as in cases of redemption of property when sold under tax fi. fas. as now is or from time to time may be provided by law. Sales and redemption. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 737 EDISON, CITY OF, INCORPORATED. No. 542. An Act to create and incorporate the city of Edison in lieu of the town of Edison, 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 Edison is created and incorporated in lieu of the town of Edison, in Calhoun county. The territorial limits of the city of Edison shall be identical with the present territorial limits of the town of Edison, except as is otherwise specified in this Act. All lands, tenements, easements, streets, alleys, hereditaments, rights, powers and interests in property, real, personal and mixed, belonging to the town of Edison at the date of the passage of this Act shall belong to the city of Edison on and after the passage of this Act. All legal debts, obligations, accounts and liabilities of whatever nature owing by the town of Edison at the date of the passage of this Act shall be owing by the city of Edison on and after the passage of this Act. This Act shall not be considered or construed as destroying and ending the powers hitherto conferred upon the town of Edison by the General Assembly of Georgia, but is enacted in the nature of an amendment to the present charter of Edison and as constituting the existence of said town, but changing it to a city, reserving and saving to it, in its new corporate form, all the powers, rights, privileges, duties and liabilities of said town through its charter, the amendments thereto and the acts legally done thereunder (not inconsistent with what is herein enacted), but extending and adding the provisions of this Act to the rights, privileges, powers, duties, liabilities and limitations created by said charter of the town of Edison, the amendments thereto and the acts done thereunder. The ordinances of the town of Edison shall be the ordinances of the city of Edison, and enforcible as such until repealed or changed by the city council of Edison. Edison, ci of, incorporated and succeeds to all rights of town of Edison. 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 vote of three councilmen, or of 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 Page 738 may vote on any question. The council may elect from their number a mayor pro tempore, who shall have the same authority in all matters as is given to the mayor, whenever the mayor for any reason can not or will not Act, or declines to do so. Mayor and councilmen. SEC. 3. The mayor or any councilman may be impeached and removed from office upon being convicted by the concurrent vote of three members of the council of malpractice in office or grossly immoral conduct, or of an act amounting to a felony under the laws of this State or involving moral turpitude. The officer, upon being so accused, shall be given a fair trial before the other members of the council and, if convicted, may obtain certiorari according to the rules of law of this State, but pending the hearing of such certiorari such officer shall be suspended from his office. Malpractice SEC. 4. The mayor and councilmen of said city shall be elected on the first Saturday in January of each year for the term of one year and until their successors are elected and qualified. The present officers of the town of Edison shall serve as officers of the city of Edison until the next election. If an election is not held for any reason at the prescribed time, a special election may be called by the city council. Vacancies existing in the city council may be filled at any time by a special election to be called for that purpose by the remaining members of the city council, of which election ten days' public notice shall be given. Elections. SEC. 5. All general and special elections shall be held between the hours of nine o'clock in the morning and three o'clock in the afternoon by three managers, whom the city council are authorized to designate if they see fit to do so. Any citizen of said town eligible to be a manager in elections for members of the General Assembly shall be eligible to act as manager in such city elections. Elections. SEC. 6. On Monday following the regular election for mayor and councilmen, or as soon thereafter as practicable, the city council-elect may qualify by taking an oath to faithfully discharge the duties of mayor and councilmen to which they have respectively been elected, and when they have done so, the council then in office shall turn over the affairs of the city government to them. A failure to qualify for fifteen days after the election, unless providentially prevented, shall operate to vacate the office of any member-elect of the council. A certificate from a majority of the election managers shall be prima facie evidence of who is elected mayor and councilmen at any election, and unless notice of a contest be served in writing upon the person or persons certified by the managers to be elected personally, or if he be absent from the city, by leaving at his most notorious place of abode before Page 739 his qualification in manner aforesaid, the certificate of the election managers shall be conclusive. Only citizens of the city of Edison shall be eligible to be elected mayor or councilmen. Mayor and councilmen, oath of, etc. SEC. 7. The following persons, and no others, except as is otherwise specified herein, shall be qualified to vote in general and special elections in said city: All persons eligible to vote for members of the General Assembly, according to the law of the State of Georgia, who shall have resided in said city for six months preceding such election and who shall have paid all taxes required of them by the city of Edison, and in general elections for mayor and councilmen who shall have been registered as hereinafter provided. The city council may provide a system of registration for any special election if they see fit to do so; otherwise registration will not be required of voters at special elections except as may be otherwise provided in this Act. Electors. SEC. 8. Registration for the general election for mayor and councilmen shall be had in the following manner: Annually by the first of October in each year the clerk of the city council or some other person whom the city council may appoint, shall open one or more registration books, in which any person desiring to be registered as a voter may sign his name, thereby subscribing an oath, printed or written above, which oath shall be so framed as to cause the subscriber to swear to the fact of his possessing the qualification of a voter as set forth in section 7 of this Act. The signature may be made by mark; provided, the officer or officers in charge of said books read said oath to the person signing by mark and attest the signature. The clerk of council and other persons authorized by the city council to have charge of said books are hereby empowered to administer said oath. Said registration books shall be closed by six o'clock p.m., December the first of each year, and the clerk of council shall forthwith furnish to the mayor a complete list of all persons registered in said books. At any time on or before the fifteenth of December in the same year any citizen of said city may make written objection specifying that any one or more persons named on said list are not legal voters. Whereupon the mayor shall cause to be given to the person so challenged at least two days' written notice, personally or by leaving at his most notorious place of abode, if he be absent from the city, of the fact of the challenge and of the time and place a hearing will be had. The mayor shall hear the question, and if it shall appear that the person, or persons, is not legally qualified to vote, shall erase his name from the list. He shall then cause to be furnished to the managers of election a list of those registered and not removed from the list, and the Page 740 managers shall allow those persons whose names are on the lists furnished them by the mayor, and no others, to vote in said election. The city council may provide that the duties required of the mayor in this section shall be discharged by a board of registrars, to be appointed by the city council. Registration of voters. SEC. 9. Managers of elections shall take the following oath at the beginning of each election: We swear that we will honestly and lawfully manage this day's election and make a true return thereof, and that we will not allow any one to vote whose name is not on the list of registered voters furnished us for this election, if a list be furnished us. Election managers, oath of. SEC. 10. The city council may create and abolish at their discretion such offices as they may deem necessary, and elect officers to fill them, and may prescribe the duties of such officers under such regulations as they may ordain. The city council shall select a clerk, a marshal, and a city attorney, if they deem proper and necessary, and shall prescribe their duties and compensation and such other regulations as they deem necessary. Officers. SEC. 11. The city council each year before the annual election for mayor shall fix the salary of the next mayor, and in event they fail to do so, the mayor shall receive the same salary as was paid the year before. The city council may prescribe by ordinance a bill of cost and fees to be charged by officers of said city and may provide for the disposition of such costs and fees. Salaries and fees. SEC. 12. Power is hereby conferred upon the mayor, mayor pro tempore, recorder, city attorney, and clerk of council respectively, to administer any oath or affidavit connected with affairs of the city government of Edison. Oaths, by whom administered. SEC. 13. The police court of the city of Edison may be held at any place in said city or at any time except Sunday. It may be held by the mayor, mayor pro tempore. recorder (if such office be created by the city council), under such regulations as the city council may adopt. The officers presiding in said police court shall have authority to punish persons convicted therein of violating the ordinances of said city by fine not exceeding one hundred dollars, by imprisonment in any jail designated or provided by the city council as a prison, for a term not exceeding one hundred days, either or both, and to coerce the payment of fines imposed by imprisonment. Labor on the streets, or in the chaingang, if one be created, not exceeding one hundred days, may be allowed as an alternative to fine or imprisonment. Sentence may be cumulative. Contempt in said court may be punished in like manner. The city council may suppress cruelty to animals, gaming, the running of blind-tigers, lewd and disorderly houses, Page 741 public indecency, lewdness, obscenity, profanity and all things, notwithstanding the acts may also be involved in State offenses. Police court. SEC. 14. Any person convicted in the police court may obtain certiorari directly from the decision of the officer presiding in said court under the same rules as certiorari is obtained from decision of county judges in criminal cases, or he may waive his right to certiorari and may, within four days from the rendition of decision in police court, enter an appeal to the city council, who shall hear the case anew, and their decision shall be final. There shall be no certiorari from the decision of the council. The mayor or mayor pro tempore, presiding in the police court, shall not be disqualified to act with the city council hearing the appeal. Certiorari and appeal. SEC. 15. The following sections of the first volume of the Code of Georgia of 1895 shall be of force and effect as law in relation to the city of Edison, and are included in this charter in like manner as if set out in detail herein, except in so far as they may be inconsistent with what is herein otherwise enacted, to wit: Sections 692, 696, 697, 698, 699, 701, 704, 705, 707, 708, 709, 712, 713, 714, 715, 716, 717, 718, 723, 724, 725, 732, 733, 734, 735, 740, 741, 742, 744, 755; also section 702, with the exception that the city council shall not have any right under said section 702 to license any barroom or saloon in said city, nor give to any person or persons any right to run same in the city of Edison. General law. SEC. 16. The city of Edison shall have the power to tax, license and regulate hotels, boarding-houses, livery stables, means of public transportation, tenpin-alleys, shows and exhibitions, drays, markets and dealers in fish and oysters. They may impose special taxes upon any or all occupations and business, public or private, carried on in said town, and upon franchises and incomes. They may tax by special tax and regulate the business of insurance companies, express and railroad companies, or the agents of any of them, but this enumeration shall not be construed as excluding any other occupation or business from the taxing power of said city. They may put an ad valorem tax, not exceeding the constitutional rate, on all property in said city. The taxing power of said city shall be as general, full and complete as that of the State itself. Special taxes. SEC. 17. The city council shall have the right to grant franchises for the use of their streets, for the erection of telephone lines, electric light lines, car lines and for other public utilities, and all such franchises hitherto granted by the town of Edison are confirmed and made binding hereafter on the city of Edison. The city council of Edison may prohibit all persons, firms and corporations to whom they do not grant a franchise from using Page 742 said streets for the erection of poles, wires or encroachments of any nature, except where said right has been granted by the State. They may regulate the manner in which awnings may be erected in the said city, and may by ordinance prescribe a method by which they shall be kept in repair, at the expense of the owner or person erecting them. They may require the removal of awnings at their discretion. Franchises, etc. SEC. 18. The city council may organize a fire department, and may make all needful regulations relating thereto. They may establish fire limits and may regulate the manner in which houses or other structures may be built or altered in any portion of the city. They may maintain a system of white city schools and a system of waterworks, gas works, electric lights or other lighting plant, sewerage and other utilities of like nature, and may prescribe and enforce all needful regulations in respect to them. The city council shall have authority to own, control and regulate cemeteries in said city, to accept donations of land for same, or buy the same, and to make all needful regulations respecting the same. The city of Edison, through its council or through officers provided by them, may carry on any business not contrary to the laws of this State. Fire limits, schools and public utilities. SEC. 19. The city council shall have the power and authority to issue bonds of the city of Edison for the purpose of installation and maintenance of a system of white city schools and a system of waterworks and an electric light plant for said city, either or both, not to exceed in the aggregate the sum of fifty thousand dollars, of such denomination or denominations, payable at such time or times not more than thirty years from date of issue, as the city council may determine, and with such rate of interest not to exceed 6 per cent., and have such covenants and conditions as the city council 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 of a system of waterworks, or an electric light plant, either or both, or for a city white school for said city, in said city; said bonds to be signed by the mayor and countersigned by the clerk of the city council, under the corporate seal of said city, and shall be negotiated in such manner as said city council shall determine to be to the best interest of said city; provided, however, that said bonds for any purpose shall not be issued until the question of issuing the same shall have been submitted to a vote of the qualified voters of said city, as hereinafter provided. Municipal bonds. SEC. 20. Whenever it shall be deemed expedient by the city Page 743 council to issue bonds as provided in the preceding section, said city council shall order an election to be held in said city for the purpose of determining whether any or all of said bonds, as such order may recite, shall be issued. The city council shall give notice thereof thirty days next preceding the election in a newspaper published in said city (if no newspaper, then at three public places in said city), notifying the qualified voters of the city of Edison that on a day named an election will be held in said city to determine the question whether bonds shall be issued by said city. Said notice shall specify the amount of bonds to be issued, for what purpose and what rate of interest they shall bear; when the interest is to be paid, how much of principal and interest is to be paid annually, and when said bonds shall be fully paid off. Said election shall be held on the day named in the notice, at the place for holding elections for mayor and councilmen of said city, and shall be held in the same manner and under the same rules and regulations as hereinbefore provided for the election of said officers; 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 city, said bonds shall not be issued. But if for bonds shall receive two-thirds majority of the voters, as before mentioned, said bonds shall be issued. The city council shall provide a system for registration for said special election, which in all respects as near as practicable shall be the same as that of registration for the election of mayor and councilmen, and the test of qualified voters shall be determined by the lists furnished to the managers of said bond election by the mayor. The managers of said election shall certify the result of said election, and turn said certificates over to the clerk of the city council, and the same shall be declared by the city council, and placed on the minutes by the clerk. The same rules governing the managers of said election shall be those governing the managers in the election of mayor and councilmen. Elections for bonds. SEC. 21. If at the first election held under 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 city council within six months thereafter to again in the same manner submit the question of bonds to the qualified voters of said city, and so on the next six months thereafter if bonds are failed to be voted, until the necessary two-thirds qualified voters do give their assent to their issuance. Other elections. Page 744 SEC. 22. The city council of said city may issue bonds in addition to the bonds already provided for above, and they are hereby authorized to so do, under the same rules, regulations and restrictions as prescribed heretofore, in a sum not to exceed ten thousand dollars, whenever they deem it expedient and proper to do so, for the purpose of making any public improvement or improvements for the benefit of said city. Bonds for public improvements. SEC. 23. The city council of said city shall have authority to establish, maintain and enforce quarantine regulations and pass all needful ordinances respecting thereto. The right to prevent the running at large of animals in said city is hereby invested in said city council, and they may provide for impounding of animals and the sale of the same by ordinance. Quarantine, animals. SEC. 24. Any process, summons, notice, execution or other like paper required to be served by the charter or ordinances of said city may be served and executed, and arrests made, by the marshal or any police officer of said city unless otherwise provided, and at any place within said city. Writs, etc., how executed. SEC. 25. The city council may condemn or purchase property and exercise control over the same anywhere within the city limits, and may by ordinances and through their officers regulate and control the same for any public purpose. Condemnation and purchase. SEC. 26. The city council may arrange for or build a city hall in which to transact all business of the city of Edison, or to hold police court, to hold elections for said city, and to hold city court, and for all other purposes that they may deem proper. City hall. SEC. 27. The city council may adopt a code of ordinances and may repeal or amend the same at any time, or any part of same. The enumeration of powers contained in this Act shall not be construed as restrictive, but the city of Edison and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the city council may pass all laws and ordinances, rules and regulations they may deem proper and needful 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 conferred or 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 interests and purposes of this Act nor the laws of this State. General welfare. SEC. 28. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 20, 1906. Page 745 ELBERTON, CITY OF, CHARTER AMENDED. No. 357. An Act to amend the charter of Elberton so as to give said city more power to condemn lands in and outside of said city for streets and other purposes; and for the purpose of paving streets, and taxing the costs therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That power is hereby granted to the city council of the city of Elberton to adopt at any time an ordinance requiring the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or alleys of said city or parts of the same; and if the streets, lanes or alleys required to be drained, graded, paved, macadamized or improved otherwise be embraced within what are known as the fire limits of said city, said council shall have full power and authority to assess and collect one-half of the cost of such grading, paving, macadamizing or other improvement on and out of the real estate abutting on each side of the street, lane or alley improved; and if the street, lane or alley required to be improved, graded, paved or macadamized be outside of what is known as the fire limits of said city, said council shall have full power and authority to assess and collect one-fourth of the costs of such grading, paving, macadamizing or other improvement on and out of the real estate abutting on each side of the street, alley or lane improved; provided, that the costs of paving and macadamizing between the tracks of any street railroad or other railroad tracks, and for one foot on each side of the track now having or that may hereafter have any tracks on the streets of said city, lanes or alleys of said city, shall be assessed against such railroad company or companies. Elberton, city of. Street improvements. SEC. 2. Be it further enacted, The city council of said city of Elberton shall have full power and authority to grade, pave, macadamize or otherwise improve any portion of the width of any street, alley or lane in said city, and to assess the costs of such grading, paving, macadamizing or otherwise improving on the real estate abutting on each side of the street, alley or lane improved, one-half of the cost, if the same be within what is known as the fire limits of said city; and to assess one-fourth of the costs of such grading, paving, macadamizing or otherwise improving on the real estate abutting on each side of the street, lane or alley Page 746 improved if the same is outside of what is known as the fire limits of said city. Assessments for street improvements. SEC. 3. Be it further enacted, The frontage of intersecting streets, lanes and alleys shall be assessed against the city, and paid for by the city, and said city council shall have full power and authority to pay therefor the entire costs of all frontage of the intersecting streets, lanes and alleys out of the treasury of said city. Intersection of streets. SEC. 4. Be it further enacted, Said city council shall have full power and authority to curb, pave, macadamize or otherwise improve any sidewalk in said city, and to assess two-thirds of the costs thereof against the real estate abutting on the side of the street whereon such sidewalk is so improved. Sidewalks. SEC. 5. Be it further enacted, Said city council shall have full power and authority to repair any pavement or improvement of any street or sidewalk in said city, at the expense of said city; and assess one-half of the cost of such repair against the owners of the abutting real estate on each side of such street, alley or lane, in case of repairing a street, alley or lane, and one-half of the cost of repairing a sidewalk against the abutting real estate on the side of the street, lane or alley on which such sidewalk is located. Repairs. SEC. 6. Be it further enacted, The said city council shall have full power and authority to adopt by ordinance a system of equalization for the assessment of costs for improvements made by said city, and prorating the costs thereof on the real estate according to the frontage on the street or sidewalk so improved. Equalization of assessments. SEC. 7. Be it further enacted, The amount of the assessment on each piece of real estate shall be a lien on said real estate, and the amount of the assessment on each railroad company shall be a lien on all the property of such railroad company from the date of the passage of the ordinance providing for the work. Liens for assessments. SEC. 8. Be it further enacted, Said council shall have power and authority to divide any assessment into annual or semi-annual installments, not to cover more than two years, to bear interest at seven per cent. per annum from the time the assessment is due; and upon failure to pay any installment at the time it is due, execution shall issue for the whole unpaid assessment with interest. Assessments, how paid. SEC. 9. Be it further enacted, The said city council shall have power to enforce the collection of any assessment under this Act by execution to be issued by the clerk of council of said city 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 city marshal or chief of police on such Page 747 real estate, and after advertising and other proceedings as in cases of sales for taxes due said city, the same may be sold at public outcry to [Illegible Text] highest bidder, and be subject to the right of redemption and purchase by the municipality in the manner set forth in an Act entitled an Act to provide for the manner for tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877; provided, the defendant shall have the right to file his affidavit to the whole or any part of the assessment for which execution issued, stating what amount he admits to be due and what part he denies to be due, which amount he admits to be due shall be paid or collected before the affidavit shall be received for the balance; and such affidavits shall be returned to the superior court of Elbert county, and shall be there tried with all the pains and penalties provided in cases of illegality for delay. Assessments against railroad companies shall be collected in the manner above set forth. The deeds made to purchasers by the proper officers of said city under this Act shall be just as valid to the purchaser as if made under the ordinary process of law issuing from the superior court. All executions issued under the authority of this Act shall be transferable upon the same terms and conditions that executions for taxes are transferable. Assessments, how enforced. SEC. 10. Be it further enacted, Said executions shall be issued by the clerk of the council of said city and directed to the marshal or chief of police and levied by either said marshal or chief of police. Executions, how issued. SEC. 11. Be it further enacted, Said city of Elberton shall have full power and authority to purchase, hold, own and receive as donations any real estate within the corporate limits of said city or outside of said city limits, and improve the same as parks or erect thereon buildings for the use and to be used in the operation of the city electric lighting plant or the city water plant, the city fire department or any other department of said city. Parks, etc. SEC. 12. Be it further enacted, Whenever said city of Elberton can not procure by contract any land, easement, waterway, right of way, franchise or other interest or property useful, needful and necessary for public purposes, said city shall have the full power and authority to take and damage the same, whether the same be located within or outside of the corporate limits of said city, by first paying the owner thereof or tendering the owner thereof just and adequate compensation for the land, franchise, waterway, right of way, or other interest or property to be taken. If the parties can not agree upon the compensation to be paid, the same may be determined as now provided by the charter of Elberton. Condemnation. Page 748 SEC. 13. Be it further enacted, That the city council of said city of Elberton shall have full power and authority to divide said city into wards, five in number, and to pass an ordinance defining and fixing the limits and boundary lines of each of said wards. Such limits and boundary lines of each of said wards may be changed at any time by said city council by an ordinance passed for this purpose, and rearranging said wards and fixing the limits and boundary lines of said wards so rearranged. Whenever said city is divided in wards and the limits and boundary lines thereof are fixed and defined by ordinance, each ward shall be entitled to one councilman, and no more, to serve on the council of said city. Each ward shall have the right to select and nominate a candidate for councilman from any such ward by any method that may be adopted by the citizens of any such ward, not inconsistent with the ordinances of said city, but all councilmen must be voted for and elected at the general election by a vote of all of the citizens of said city qualified to vote, as now provided by the charter and ordinances of said city; and the candidate for councilman from each of said wards receiving the highest number of votes at said general election shall be declared to be elected. All special elections to fill vacancies on the city council from any of said wards shall be governed by the provisions herein enacted. Until said city shall be divided in wards, as herein provided, the elections for councilmen shall remain as now provided by the charter and ordinances of said city of Elberton. City wards. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 20, 1906. ELLAVILLE, CITY OF, INCORPORATED. No. 537. An Act to amend an Act chartering the town of Ellaville, in Schley county, approved November 23, 1859, Acts of 1859, page 154; also to amend an Act amending said charter, approved September 17, 1883, Acts of 1882 and 1883, pages 360 to 363, so as to strike the word town wherever it appears in the captions of said Acts and amended Acts and in each and every section of said Acts and amended Acts where the said word town appears, and insert in lieu thereof the word city, so that said place of Ellaville will become incorporated Page 749 or chartered as a city and not as a town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that an Act entitled an Act incorporating or chartering the town of Ellaville, in Schley county, approved November 23, 1859, Acts of 1859, page 154, of said Acts of 1859; also an Act amending said charter, approved September 17, 1883, Acts of 1882 and 1883, pages 360 to 363 of said Acts of 1882 and 1883, be, and the same is, hereby amended as follows: Ellaville, town of, becomes city of. SEC. 2. It is further enacted by the authority aforesaid, That wherever the word town appears in the captions of said Acts of 1859 and amended Acts of 1882 and 1883 as aforesaid, and in each and every section of said Acts and amended Acts where the said word town appears, the said word town is by this Act stricken and the word city is inserted in lieu thereof, so that said place of Ellaville, after the passage of this Act, shall be incorporated or chartered as a city and not as a town. SEC. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. ENIGMA, TOWN OF, INCORPORATED. No. 693. An Act to incorporate the town of Enigma, in the county of Berrien; to define its powers and jurisdiction; to provide for a mayor and council, prescribe their powers and duties; to define the corporate limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, the town of Enigma, in the county of Berrien, be, and is, hereby incorporated as a town under the name of the town of Enigma. Enigma, town of, incorporated. SEC. 2. Be it further enacted by the aforesaid authority, That the corporate limits of said town of Enigma shall be as follows: One mile in a circle from the center of where the dirt road crosses Page 750 the Atlantic Coast Line Railway Company in the town of Enigma, in every direction therefrom. Corporate limits. SEC. 3. Be it further enacted, That the municipal authorities of said town shall be a mayor and four councilmen, who are hereby constituted a body corporate, by the name of the town of Enigma, 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 town, shall also have perpetual succession. Mayor and councilmen. Corporate powers SEC. 4. Be it further enacted, That from and after the passage of this Act that P. G. Easters of said town be, and is, hereby appointed and constituted mayor of said town; J. H. Hammond, mayor pro tem.; J. H. Hammond, R. E. L. Harper, R. E. Evans and L. J. Shippey, 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 first Monday in January, 1907, 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 the laws governing the election of members of the Legislature of the State of Georgia. Election 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 thereof, and who are qualified to vote for members of the General Assembly, and who has registered fifteen days before the election aforesaid provided, shall be allowed to vote at any election held in said town. Electors. SEC. 7. Be it further enacted, That the mayor and councilmen, and such other officers of said town as 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 may be administered by any officer authorized by the Code of Georgia to administer oaths): I, mayor or councilman, do solemnly swear (or affirm) that I will faithfully discharge all duties incumbent upon me as mayor or councilman, or other officer of the town of Enigma, according to the best of my ability; so help me God. Said oath, with the certificate of the officer administering the same, shall be filed with the officer entrusted with the records of said town. Oath of mayor and councilmen. SEC. 8. Be it further enacted, That the mayor and councilmen Page 751 shall have power and authority to elect such marshals, clerks, treasurer and other subordinate officers as may be deemed necessary for carrying out the powers herein granted, and to prescribe the duties and compensation of such officers and require of them such bonds as they may deem necessary, payable to such town in its corporate name. Officers. SEC. 9. Be it further enacted, That the council of said town shall have 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 the majority of the whole council, shall be a nuisance; to protect the property and person of the citizens of said town, and to preserve the peace and good order therein, and for this purpose to appoint when necessary a police force to assist the marshal in the discharge of his duties, and in cases of emergency, the marshal shall have power to immediately summon by oral command any or all citizens of said town of Enigma; to provide for 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; 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, 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 or prison, if there be one, for a term not exceeding sixty days, or impose a fine not less than $1.00 or more than $60.00, in the discretion of the mayor or other acting officer. Corporate powers. SEC. 10. Be it further enacted, That the said town shall have the power and right to organize work gangs and to confine at labor therein for a term not exceeding sixty days persons convicted of violating the ordinances of said town. 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, committed within the corporate limits of said town of Enigma, whenever in course of investigation before him a proper case therefor shall be made out by evidence. Mayor, powers of. SEC. 12. Be it further enacted, That the said mayor and councilmen Page 752 shall have the power to elect a mayor pro tem., who shall perform the duties of the mayor when from any cause he can not be present to perform the duties of his office; also to fill any vacancy that may occur in the office of the mayor or councilmen, or any subordinate office of said town, by a vote of a majority of the mayor and councilmen. Mayor pro tem. SEC. 13. Be it further enacted, That the mayor of said town shall be chief executive officer therof; 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 necessary; he shall have power to hold his police court for the trial of the offenders of the ordinances of said town at any time he may fix, and the defendant shall have the right of appeal to the whole council upon such terms as may be provided for by ordinances; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such immediate payment he may imprison the offender as hereinbefore provided. Police court SEC. 14. Be it further enacted by the authority aforesaid, That the board of councilmen shall have power and authority to levy and collect taxes on all professions, trades, business, occupations, theatrical exhibitions, shows or other performances within the town; on all peddlers, venders of medicine, itinerant traders, salesmen or soliciting agents, hotels, boarding-houses, livery-stables and transportation companies, and on the bowling-alleys, skating-rinks, pool or billiard tables, and all other games kept or played within corporate limits of said town; to grant license for the same and to regulate them by ordinances, which is not inconsistent with the Code and laws of Georgia. Taxation. SEC. 15. Be it further enacted, That said corporation shall have and enjoy all the rights, powers and privileges incident to such corporations, and not repugnant to the Constitution and laws of the United States and of this State. General powers. SEC. 16. Be it further enacted, That the board of councilmen shall have power and authority to establish quarantine regulations against all persons who have been exposed to smallpox, yellow fever, or any contagious disease, or against infected localities; to enforce and make effective such regulations to establish a pest-house or camp of detention, within or without said town, and to cause the removal thereto and the detention therein of all persons affected with such diseases, or who have been in infected localities, or exposed to such diseases. Said board shall have power, in its discretion, to allow such persons to remain on premises by Page 753 themselves, where such persons, at their own expense, provide suitable and sufficient guards to successfully quarantine such premises. Said board shall have power to require all persons within said town, whether resident or transient, to be vaccinated whenever, in the opinion of the said board, the same shall be desirable. It shall have full power to enforce such regulations and provide penalties for their violation. If the pest-house or camp of detention is located beyond the corporate limits of said town, the town authorities shall have the same jurisdiction over it as long as it is used for these purposes, as it were within corporate limits. Said board of councilmen shall have authority to appoint a board of health, and such other health regulations as may be prescribed by the board of councilmen. The powers, duties and compensation of such officers to be prescribed by the board of councilmen. Quarantine. Vaccination. SEC. 17. Be it further enacted, That the mayor and councilmen of the town of Enigma, Ga., shall have power to lay off a public school district, as provided by the existing laws of the State of Georgia, and the laws which may hereafter be passed in pursuance to public schools, to levy a tax for the building or repairing of the public-school building, and the maintaining, keeping and operating of the public school within said district and within the corporate limits of the town of Enigma, Ga., to appoint a board of directors or managers of said school, not to exceed five in number, and to perform all other acts necessary in the furtherance or the maintenance of the said public school, as provided by law and that is not inconsistent with the laws and the Constitution of the State of Georgia. Public schools. SEC. 18. Be it further enacted, That no person shall sell spirituous or intoxicating liquors within the corporate limits of the town of Enigma, Ga., until they have complied with the laws of said State and county, and until they have procured license from the mayor of said town, which license shall be fixed at a sum of $10,000, collected annually, and before the opening and operating of said traffic. Sale of liquor. SEC. 19. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 21, 1906. Page 754 EPWORTH, TOWN OF, INCORPORATED. No. 498. An Act to incorporate the town of Epworth, in the county of Fannin; to define its limits; to provide municipal government therefor; to grant certain privileges to said town; to provide for the election of officers; to prescribe their duties, rights and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that the town of Epworth, in the county of Fannin, be, and the same is, hereby incorporated under the name and style of the town of Epworth, and by that name may have perpetual succession, may have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in this State; may purchase, have, hold, receive, enjoy and retain to themselves and their successors in office, for the use of the town of Epworth, any estates, real and personal, of whatever kind or nature, within or without the corporate limits thereof, and may sell, or otherwise dispose of the same for the benefit of said town, as they may see fit and proper. The mayor, by direction of the council, may make deed or deeds to any property sold or disposed of by said town. Epworth, town of, corporate powers SEC. 2. Be it further enacted, That the corporate limits of the said town of Epworth shall be and extend as follows, viz.: Commencing at the northeast original corner of lot of land No. 76 in the 8th district, and second section of said county, running said original line south one mile to the southeast original corner of lot of land No. 105, in the 8th district, and second section of said county; thence the original land line west one mile to the original southwest corner of lot No. 106, in the 8th district and second section of said county; thence the original land line north one mile to the northwest original corner of lot of land No. 75, in the 8th district and second section of said county; thence east the original land line one mile to the starting point at the northeast original corner of lot of land No. 76, in the 8th district and second section of said county, said boundary enclosing lots of land Nos. 75, 76, 105 and 106 inside this corporation. Corporate limits. SEC. 3. Be it further enacted, That J. T. McCay be, and is, hereby appointed mayor, and J. P. Vestel, W. F. Hampton, F. M. Cagle, Joseph Quintrell and John Matthews be, and they are, hereby appointed councilmen of said town of Epworth, to hold Page 755 their offices until the first annual election, as hereinafter provided for. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That the municipal government of said town shall be vested in a mayor and five councilmen, who shall hold their offices until their successors are elected and qualified, as hereinafter provided. Mayor and councilmen. SEC. 5. Be it further enacted, That there shall be an election held within the corporate limits of the said town of Epworth on the first Saturday in December, 1906, and annually thereafter on said day for the purpose of electing a mayor and five councilmen, as provided for in this Act. Elections. SEC. 6. Be it further enacted, That no person shall be eligible to the office of mayor and councilmen of the town of Epworth unless at the time of their qualification as such mayor or councilmen they are eligible to be elected to the General Assembly of the State of Georgia. Qualifications of mayor and councilmen. SEC. 7. Be it further enacted, That no person shall be allowed to vote in the election for said mayor and councilmen unless at the time of so doing he be qualified to vote for members of the General Assembly of the State of Georgia. Electors. SEC. 8. Be it further enacted, That before the said mayor and councilmen can enter upon the discharge of their duties as such they and each of them shall subscribe to the following oath, viz.: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor, or councilmen, as the case may be, of the town of Epworth, in [Illegible Text] county, Ga., according to [Illegible Text] best of my ability and understanding; so help me God. Which oath may be administered by any person authorized by the laws of this State to administer oaths. Oath of mayor and councilmen. SEC. 9. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals and police officers and other subordinate officers as they may deem necessary for the proper carrying on the powers herein granted, and to prescribe the duties and compensation of said officers and to require of them such bonds as they may deem necessary. Officers. SEC. 10. Be it further enacted, That said mayor and councilmen shall have full power and authority to make and pass all ordinances, by-laws, rules and regulations that they may deem necessary for the good government, peace, order and health of said town, and for the enforcement of the same herein conferred; provided, they are not repugnant to the Constitution of the State of Georgia or of the United States. Genera welfare SEC. 11. Be it further enacted, That said mayor and council Page 756 men shall have power and authority to enact and pass all ordinances necessary to carry into effect the powers herein granted, or that may be necessary to suppress vice or immorality in said town, or that may be necessary to foster virtue, intelligence or good morals in said town, and they shall have the power and authority to enforce the observance of their ordinances by fines and imprisonment, or work on the streets, alleys, sidewalks, public drives, or other public property of said town. That either, any or all of said penalties may be imposed, in the discretion of the mayor and councilmen; but that no fine imposed that exceeds the sum of fifty dollars, and in place of said fine, work upon the streets or confinement in the guardhouse shall not exceed thirty days. Corporate powers. SEC. 12. Be it further enacted, That said mayor and councilmen shall have exclusive jurisdiction over the streets, alleys, sidewalks, drives and other public property of said town, to keep the same in repair and good order, and to remove any obstructions therefrom at the expense of the person or persons causing said obstruction. Streets, etc. SEC. 13. Be it further enacted, That said mayor and councilmen shall have full power and authority to raise such revenues necessary to defray the expenses of said town government by taxation and license, and that the taxation for said purposes on both real and personal property shall not exceed one-half of one per cent.; that they shall have power to regulate the sale of merchandize and other commodities in said town by taxation and special license to defray the expense of said town government; and said corporate authority shall have power and authority to tax all shows and exhibitions which may exhibit within said corporate limits of said town in a sum not exceeding that of the State tax, and to prohibit the same altogether when they deem it best for the financial or moral influence of said town. They shall also have power and authority to require all persons subject to road duty under the laws of this State, who reside within the corporate limits of said town, to work on the streets, alleys, sidewalks, or other public drives of said town, or property, not exceeding fifteen days in each year; but they may receive in lieu of said work such commutation fee or tax as they may prescribe, but said tax in no event to be more than one dollar per day for each day required to work on said public works. Taxation. SEC. 14. Be it further enacted, That said mayor and councilmen shall have full power and authority, by ordinances and rules and regulations, for the collection of taxes and fines or other moneys due said corporation by execution, to be issued by the Page 757 mayor, and bear test in the name of the clerk of the council if there be one, and to be levied and sold by the marshal of said town thereof, in the same manner as prescribed by the laws of this State for constables' sales, as to personalty and in the same manner as the laws of this State as to the sheriffs' sales as to realty. Taxes and fines, how collected. SEC. 15. Be it further enacted, That the councilmen of said town shall, at their first meeting, elect one of their number as mayor pro tem. to act as mayor in the absence or disqualification of the mayor. Mayor pro tem. SEC. 16. Be it further enacted, That the mayor pro tem. and each of said councilmen of said town shall be ex-officio justice of the peace in criminal matters committed within the corporate limits of said town, and shall have authority to issue warrants for any offenses committed against the laws of the State committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them on oath and to admit to bail for any offense where the offense is bailable under the laws of the State of Georgia, as that of justices of the peace, or may commit to the common jail of the county in default of bail. Mayor and councilmen exofficio justices of the peace. SEC. 17. Be it further enacted, That the election provided for in this Act shall be held and conducted under the same laws, rules, manner and regulations as that governing the election of county officers in this State. Elections, how held. SEC. 18. Be it further enacted, Should there be a contested election for any of the offices provided by this charter, such contest shall be had under the same rules, regulations, laws and procedures as contested elections for county officers of this State. Contested elections. SEC. 19. Be it further enacted, That the mayor of said town shall be the chief executive officer of said town, may open his court at pleasure for the purpose of trying offenders and violations against the ordinances of said town and the laws of the State of Georgia. Mayor's court. SEC. 20. Be it further enacted, That the cost of issuing, serving or executing all executions, summonses, processes, writs and subp[oelig]nas for this Act as authorized by this Act, shall be the same as prescribed by the laws governing justice courts. Court costs. SEC. 21. Be it further enacted, That said mayor and councilmen shall have power and authority to lay out, widen, open, alter, change or close, drain and keep in good repair roads, streets, alleys, crosswalks, sidewalks and squares 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 drainage and grading for said town which they may deem proper. Streets, etc. Page 758 SEC. 22. Be it further enacted, That there shall not be sold within the corporate limits of the said town of Epworth any beer, bitters, wine or any whiskeys, or intoxicating liquors of any nature, character [Illegible Text] kind. Sale of intoxicants. SEC. 23. Be it further enacted, That in case the mayor or any one of the councilmen shall, while in office, be guilty of wilful neglect, malpractice, or abuse of said office, they shall be liable to be convicted before the superior court of said county, and on conviction shall be punished as provided for in section 1039 of the Code of the State of Georgia, and shall moreover be removed from office. Malpractice SEC. 24. Be it further enacted, That this Act take effect upon its passage, and all laws and parts of laws in conflict hereof are hereby repealed. Approved August 18, 1906. FAIRBURN, TOWN OF, CHARTER AMENDED. No. 636. An Act to amend section 13 of the charter of the town of Fairburn, Campbell county, approved December 18, 1897; to authorize the council of said town to regulate the compensation of the marshal, increase 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 section 13 of the charter of the town of Fairburn be, and the same is, hereby amended by striking from the eleventh line of said section the words three hundred ($300.00), and substituting in lieu thereof the words six hundred ($600.00), and to add the word each after the words six hundred dollars ($600.00) in the last line of said section, so that said section when amended shall read as follows: That the mayor and aldermen of the town of Fairburn shall have the right to elect the clerk of said board, also a treasurer for the town of Fairburn, and also a marshal or marshals for said town, and to fix the compensation for the same; to require bond and security for the faithful discharge of their duties; provided, that the compensation of the clerk shall not exceed the sum of sixty dollars ($60.00) per annum, nor shall the compensation of the treasurer exceed the sum of forty dollars ($40.00) per annum, Page 759 and the compensation of the marshal shall not exceed the sum of six hundred dollars ($600.00) per annum, unless it becomes necessary to have more than one marshal, and in that event the compensation for all the marshals of the town shall not in the aggregate exceed the sum of six hundred dollars ($600.00) each per annum. Fairburn, town of. Salaries of officers. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with section 1 of this Act be, and the same are, hereby repealed. Approved August 20, 1906. FORT GAINES, TOWN OF, PUBLIC-SCHOOL SYSTEM. No. 439. An Act to amend an Act entitled An Act to establish a system of public schools for the town of Fort Gaines, Ga., and for other purposes, approved December 17, 1902, by striking out the word five on page 260 in the fourth and thirteenth lines of section 5 of said Act, and inserting in lieu thereof the word ten, so as to increase the admission fee, etc. 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 5 of an Act to establish a system of public schools for the town of Fort Gaines. Ga., and for other purposes, approved December 17, 1902, be, and the same is, hereby amended by striking out the word five on page 260 in the fourth and thirteenth lines of section 5 of said Act and inserting in lieu thereof the word ten, so that said section when amended shall read as follows: Sec. 5. Be it further enacted, That said board of school trustees shall elect principals and teachers for the public schools of said city; shall prescribe salaries, select text-books, prescribe the course of study, determine the length of the scholastic term, and the time of beginning and closing said schools, and adopt such rules and regulations for their own government as they may deem wise and proper. They shall have power to build, purchase, lease and rent such schoolhouses and other property as may be necessary to carry on said schools; and said board shall hold all property so purchased or acquired in trust for the use and benefit of said town for school purposes; Page 760 and they are herein and hereby incorporated and made a body politic, with all the usual rights and liabilities as such in reference to suing and being sued in any of the courts of this State or the United States. Said board may prescribe such incidental fee, not exceeding ten dollars ($10.00) per annum, for the admission of children to said schools as said board shall deem best, and shall provide for the admission to said schools of children who reside outside of said city, or of students not within the ages six and eighteen years, upon the payment of such tuition as the board may determine. To all pupils resident in said town tuition shall be free in said schools, with the exception of the entrance fee above mentioned, and said entrance fee shall be entirely in the discretion of said board, not, however, in any event to exceed said sum of ten dollars for each pupil. Said board of trustees shall have power to provide a course of instruction for students who desire to engage in studies other than those usually included in the English education, but students who pursue such studies must pay such tuition as the board shall determine to be proper, in addition to what is paid under the system of public schools to be established by this Act. Fort Gaines town of. Public school system. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. FORT GAINES, TOWN OF, WATER AND LIGHTS. No. 438. An Act to authorize the city council of Fort Gaines, Ga., to sell and convey the present public system of waterworks now in operation in said town, and the right to establish a public lighting system for said town. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city council of Fort Gaines, Ga., are hereby authorized and empowered to sell and convey the present public system of waterworks now in operation in said town, together with the right to alter and perfect the same, and the right to establish and maintain a public lighting system for said town, together with the right to alter and perfect the same. Fort Gaines town of, light and water. Page 761 SEC. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. FUNSTON, TOWN OF, INCORPORATED. No. 677. An Act to incorporate the town of Funston, in the county of Colquitt; to provide for the appointment of a mayor and council; to provide for the election of their successors in office; to prescribe their powers and duties; to fix their terms of office, and for other purposes. SECTION 1. The General Assembly of the State of Georgia do enact, That the town of Funston, in the county of Colquitt, be, and the same is, hereby incorporated, and that the corporate limits shall extend one-half () mile in a northerly, westerly and southerly and one-fourth () mile in an easterly direction from the public well on the south side of public road in front of Funston Supply Company's store, the corners meeting at right angles and making said town in the shape of a rectangle. Funston, town of, incorporated. SEC. 2. The government of said town shall be vested in a mayor and five councilmen; that W. E. McArthur be, and he is, hereby appointed mayor of said town, and W. N. Manning, A. J. Smith, Miles Monk, Jr., C. W. Smith and J. C. Tribble be, and they are, hereby appointed councilmen of the said town, to hold their offices until their successors shall be duly elected and qualified, which election shall be held on Tuesday after the first Monday in January, 1907, and on Tuesday after the first Monday in each succeeding January, and all subsequent officers, when so elected, shall hold their offices for a term of one year and until their successors shall be elected and qualified. Mayor and councilmen appointed. SEC. 3. That the mayor and council shall provide for the registration of the voters of the said town prior to each annual election, and a certificate of registration shall entitle the voter to participate in all special elections; provided, said certificate is not more than one year old, and all persons who shall have resided within the corporate limits of said town for six months immediately preceding the day of election, and who are qualified under the laws of the State to vote for members of the General Assembly, Page 762 shall be qualified to register and vote in all municipal elections; and the certificates of the managers recorded on the records of the 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 to the offices to which they have been elected, respectively. Registration of voters. SEC. 4. That the said corporation shall have and use a common seal, shall be capable of taking, purchasing, holding and selling real or personal property for any municipal purpose, and by that name may contract and be contracted with, and may sue and be sued. They shall also have the power to condemn private property for public purposes under the general laws of the State. Corporate powers. SEC. 5. That said mayor and council shall have all power necessary to pass ordinances, not in conflict with the Constitution and laws of the State, for the maintenance of good order and for the suppression of disorder and vice of any kind whatsoever in the said town, and for the proper police protection of the citizens of the town, and for the government of the same, and to appoint a marshal and such other police and town officers as may be necessary, and to remove them from office at any time in their discretion. General welfare. SEC. 6. That all male citizens or residents between the years of sixteen and fifty, residing within said town, shall pay a street tax of three dollars ($3.00) per annum, and that the person so taxed shall be given the privilege of working said tax out on the streets of Funston, under the supervision of the town authorities, at the price of fifty cents (50c) per day. Street tax. SEC. 7. That the mayor and council shall have the power to provide for the assessment of all property within the corporate limits, and to levy such annual tax on same for public purposes as in their discretion would be for the betterment of the town and citizens thereof. General tax. SEC. 8. That the mayor and council shall have the power to establish a mayor's court for the trial and punishment of offenders against the ordinances of the said town, the punishment not to exceed a fine of fifty dollars ($50.00), or imprisonment at hard labor on the streets of Funston, or other imprisonment, not exceeding thirty days, either or both, in the discretion of the mayor. The defendant shall at all times have the privilege of appealing to the council, or a jury. Mayor's court. SEC. 9. That the mayor and council shall have the power to define a public nuisance, abate the same and punish those maintaining same. Nuisance. Page 763 SEC. 10. The sale of spirituous, malt or other intoxicating liquors shall never be licensed in said town, and the sale thereof shall forever be prohibited. Sale of liquor. SEC. 11. That the council shall have the power to order elections to fill vacancies, and from their number shall select a mayor pro tem., and the mayor, or vice officer in his stead, shall have full power to issue warrants for the apprehension of any offenders against the ordinances of the said town, and shall have the power to compel the attendance of witnesses and to examine them under oath, and to commit offenders to jail or to bail for the violation of the laws of this State, and to commit to bail or to the guard-house for the violation of the ordinances of the said town. Mayor's court. SEC. 12. The mayor and council shall have the power to tax all shows, auctioneers, sleight-of-hand performances and gift enterprises, and to levy such other privilege taxes as in their discretion may seem just and proper. Special taxes. SEC. 13. That the mayor and council shall have the power to prescribe the fire limits of the said town, and to prescribe the plan of buildings and the kind of materials to be used in the building of houses within the said prescribed fire limits. Fire limits. SEC. 14. That the mayor and council shall have the power to enact any and all such other ordinances, within their discretion, for the good of said town and not inconsistent with the Constitution and laws of the State. General welfare. SEC. 15. That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. GEORGETOWN, TOWN OF, NEW CHARTER. No. 628. An Act to establish a new charter for the town of Georgetown, in the county of Quitman, 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, Page 764 and it is hereby enacted by the authority of the same, That the town of Georgetown shall hereafter exist under the name and style of the mayor and council of the town of Georgetown, and the corporate limits of said town shall be as follows: The limits of said town shall be described, taking the court-house as a center and extending one-half mile each way, north, south, east and west. Georgetown, town of. Corporate limits. SEC. 2. Be it further enacted, That the government of said town shall be vested in a mayor, a mayor pro tem., three 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, L. G. Brannon, shall remain mayor; L. E. Gibson, mayor pro tem., and the present councilmen, S. A. Crumbly, H. M. Kaigler and S. H. Barrett, all of whom are members of the present board, shall remain councilmen until their successors are elected and qualified. Mayor, mayor pro tem., and councilmen 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 on the first Monday in December, 1906, and annually thereafter on the 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 election 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 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 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 Georgetown, 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 Page 765 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 should 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. Elections of mayor and councilmen. 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. Qualifications for 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 Georgetown, and by that name and style shall succeed to all rights and liabilities of the present corporation of said town and shall have perpetual succession and shall have power and authority to make, ordain and establish, from time to time, such by-laws, ordinances, resolutions, rules and regulations as shall appear to them necessary and proper for the good government, security, general welfare and interest of said town of Georgetown 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 to use a common seal, to hold all property, real and personal, now belonging to said town, or which may be hereafter acquired; to acquire real and personal property by gift, purchase or otherwise, as may be necessary for the use of said town of Georgetown; 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 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, who shall take the same oath required of the mayor, and shall give bond as said mayor and councilmen Page 766 shall require; said mayor and councilmen 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 and 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 Georgetown; 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), 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) per annum each, and shall be fixed and remain unchanged as in the case of the mayor. 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 two 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. Mayor pro tem. Meetings of council. Quorum. 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 Georgetown, and to impose such 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 Georgetown 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. 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, Page 767 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. 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 Georgetown 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. Punative powers of mayor. 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-half of one per cent., on all taxable property within the corporate limits, and which is taxable by the laws of this State, to prescribe by ordinance the 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. 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 business 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 business of said town, not exempt by the laws of Georgia. Special taxes. SEC. 14. 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 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 taxpayers on the first day of March of the year in which said taxpayers 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 the levy and sale as in cases of constables' 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 Page 768 deed of sale to the purchasers, and when requested to do so, put the purchaser in possession. Tax executions. 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. 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 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 water-works, gas works, 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 Georgetown, 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 Page 769 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 tax. 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' court. 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. Quarantine 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. Approved August 21, 1906. GODFREY, TOWN OF, INCORPORATED. No. 361. An Act to incorporate the town of Godfrey, in Morgan county; to define its limits; to provide for a mayor, board of aldermen, and other officers of said town; to prescribe their duties and powers, and to provide for all matters of municipal concern, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the town of Godfrey, in the county of Morgan, and State of Georgia, be, and the same is, hereby incorporated under the name and style of the town of Godfrey. Godfrey, town of, incorporated. SEC. 2. Be it further enacted by authority aforesaid, That the Page 770 municipal government of said town of Godfrey shall be vested in a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor and aldermen of the town of Godfrey, and by that name and style shall have perpetual succession, and shall in said name sue and be sued, plead and be impleaded, in any of the courts of law and equity in this State; shall have power and authority to purchase, lease, hold, receive, enjoy, possess and retain to them and their successors for the use and benefit of said town, any estate or estates, real or personal, of whatever kind or nature, within the limits of said town, and to sell, alien, exchange, lease or convey the same, or any part thereof, and to do all other acts relative to their corporate capacity consistent with the Constitution and laws of this State. Mayor and aldermen, corporate powers. SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Godfrey shall extend one thousand three hundred and twenty yards in every direction from the public well in said town. Corporate limits. SEC. 4. Be it further enacted by the authority aforesaid, That an election be held on the first Saturday in August, 1906, and biennially thereafter on the same day, at the storehouse of Richter, Pierce Co., in said town, or at such other place as the mayor and aldermen may direct, for the election of a mayor and four aldermen of said town to serve for two years and until their successors are elected and qualified; the polls of said election shall be opened at nine o'clock in the forenoon and closed at two o'clock in the afternoon. Said election shall be held by and under the superintendence of the justice of the peace or notary public of the militia district in which said town is situated, or either of them, together with two freeholders of said town, to be chosen by the justice or notary public so superintending, or if from any cause the justice of the peace or notary public can not act, then any three freeholders shall hold said election; and each of said managers before entering upon his duties shall take an oath or affirmation before some justice of the peace or notary public, or before one of themselves, that he will faithfully and impartially conduct said elections and shall prevent all illegal voting, to the best of his skill and knowledge; and if said managers of said election shall have any reasonable doubts as to the qualifications of any voter they shall have authority to administer to such voter the following oath: You, , do solemnly swear (or affirm) that you have attained the age of twenty-one years, that you are a citizen of the United States and of the State of Georgia, and have resided for the last thirty days within the limits of Page 771 said corporation, and have paid all taxes legally imposed and demanded of you by the mayor and aldermen of said town, on their authority; so help you God. And any person who shall take either of said oaths falsely shall be liable to be indicted for false swearing, and on conviction shall be punished as provided in section 1039 of the Penal Code of Georgia of 1895. Election of mayor and aldermen. SEC. 5. Be it further enacted by authority aforesaid, That the person receiving the highest number of votes cast for mayor, and the four persons receiving the highest number of votes for aldermen, respectively, shall be declared duly elected by the managers of said election, and the managers of said election shall give to the mayor and aldermen so elected their certificate of election, which shall be authority for said mayor and aldermen to act. Elections, results how declared. SEC. 6. Be it further enacted by authority aforesaid, That all male citizens qualified to vote for members of the General Assembly, and who have paid all taxes legally imposed and demanded by the authorities of said town, and who shall have resided thirty days within the limits of said town next preceding said election, and no other persons shall be qualified to vote at any election for officers of said town. Electors. SEC. 7. Be it further enacted by authority aforesaid, That in case a vacancy should occur in the office of mayor or aldermen of said town, an election may be ordered by the mayor and aldermen of said town to fill such vacancy, after having given ten days' public notice, which notice shall be posted at three public places in said town; and the person or persons elected to fill such vacancies shall hold said office until their successors are elected and qualified. Vacancies. SEC. 8. Be it further enacted by authority aforesaid, That two tally-sheets shall be made out and certified by the managers of said election, one to be turned over to the mayor of said town and the other retained by said managers. The persons elected shall be notified of their election by said managers, and they shall immediately after said election take the oath of office before some person authorized to administer it, which oath shall be in writing and in the book of minutes of the council, which oath shall be as follows: I, A. B., do solemnly swear, or affirm, that I will well and truly perform the duties of mayor or aldermen of the town of Godfrey by adopting such measures as in my judgment will be best calculated to promote the general welfare of the inhabitants of said town, and not violative of the spirit and intent of the Act of incorporation; so help me God. They shall then forthwith enter upon their duties. Oath of mayor and aldermen. Page 772 SEC. 9. Be it further enacted by authority aforesaid, That there shall be a marshal for said town of Godfrey, who shall be elected by the mayor and aldermen thereof, and shall receive such compensation as said mayor and aldermen shall designate and fix. They may fix his salary at any sum not to exceed forty dollars per month, and in addition thereto may allow him fees, which fees shall not exceed those that sheriffs are allowed for like service. Marshal. SEC. 10. Be it further enacted by authority aforesaid, That the mayor and aldermen may elect a clerk and treasurer for said town who may be one of their body, or any citizen of said town. They shall have power and authority to fix their compensation; provided, that the pay of the treasurer shall not exceed more than five per cent. of the receipts and disbursements of said town. Clerk. SEC. 11. Be it further enacted by authority aforesaid, That said mayor and aldermen shall have full power and authority to assess, levy and collect such taxes, not to exceed one-half of one per cent. on all and every kind and species of property, both real and personal, within the limits of said town, except church and school property, at its true market value, once in each year; the time of assessing and collecting said taxes shall be fixed by ordinance of said council; to levy and collect such special tax on trades, business occupations, theatrical exhibitions or other performances exercised, performed or carried on within the limits of said town, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers, and all other trades, games or occupations subject to special tax under the State law, as they may deem proper; for the purpose of enforcing the payment or collection of the taxes above enumerated the mayor and aldermen may prescribe such rules and regulations and impose such penalties for the violation of the same as they may deem necessary, not inconsistent with the Constitution and laws of this State; and the mayor of said town is hereby vested with authority to issue executions for such fines and taxes as may become due said town, and the marshal shall proceed to collect the same by levy and sale; in case of levy on personal property, after ten days' advertisement at the council chamber, which advertisement shall be posted at three or more public places in said town; and in case of levy on real estate, by the return of said levy to the sheriff of Morgan county, who shall advertise and sell the same in the same manner as prescribed by law for the sale of real estate when levied on by the constables and returned to the sheriff. Taxation. SEC. 12. Be it further enacted by authority aforesaid, That Page 773 the council shall have power and authority, and it shall be their duty, to require bonds from the marshal and treasurer for the faithful performance of their duties; to fix the amount of said bond and approve the same. Bonds of officers. SEC. 13. Be it further enacted by authority aforesaid, That said mayor and aldermen shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the government of said town, to secure and protect the health thereof, which ordinances shall not be repugnant to the Constitution and laws of this State; to protect places of divine worship; to provide places for the burial of the dead, and to regulate interments therein; to make rules and regulations to guard against danger or damage by fire; to abate nuisances; to protect the public health; and to protect and promote the peace and good order of said town. General welfare. SEC. 14. Be it further enacted by authority aforesaid, That the mayor shall hold a police court in said town at any time for the trial and punishment of all violators of the ordinances, bylaws, rules and regulations of said town, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of fifty dollars, or imprisonment in the guard-house, or labor on the public streets or works of said town not to exceed sixty days, and in addition thereto the costs of the proceedings. It shall be the duty of said mayor to act as presiding officer of the council when in session, and to look after the promotion of peace and good order of said town, and the enforcement of the by-laws, ordinances, rules and regulations thereof. The aldermen may elect one of their number mayor pro tem., who shall preside in the absence of the mayor, or when he is, from any cause, disqualified to try any case. Police court. SEC. 15. Be it further enacted by authority aforesaid, That the mayor and aldermen shall have power and authority to open, change or abolish streets in said town, as the public interest may require, to pay any damages that may be assessed by reason of opening or changing said streets, and shall keep in good order the streets and sidewalks of said town; and may require and compel all persons residing within the limits of said town, who may be subject by law to road duty to work on the streets and sidewalks of said town not to exceed ten days in each year, but may receive in lieu of such work a commutation tax from such persons not to exceed three dollars per year; and the mayor of said town shall have the same power and authority to try and punish defaulters that the road commissioners of this State now Page 774 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 defaulters without the consent of the mayor. Streets, etc SEC. 16. Be it further enacted by authority aforesaid, That the mayor and aldermen shall have power and authority to fix their own salaries, the mayor's salary not to exceed one hundred dollars per annum, and the aldermen's salary not to exceed twenty-five dollars per annum each. Salaries. SEC. 17. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 25, 1906. GRIFFIN, CITY OF, CHARTER AMENDED. No. 587. An Act to amend the charter of the city of Griffin, so as to authorize and provide that so much of the tax authorized to be levied and collected for the gas, water and electric lights, under said charter not exceeding one dollar and fifty cents per one thousand dollars of assessed valuation of property may be used for street improvements in said city, and may be levied and collected for this purpose. 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 Griffin be, and it is, hereby amended, so as to authorize and empower the mayor and council of said city to use so much of the funds arising from the taxes levied and collected under and by virtue of the charter aforesaid, approved November 27, 1901, for gas, water and electric lights, not exceeding the sum of one dollar and fifty cents per one thousand dollars of assessed valuation of property for the purpose of improving the streets of said city, whenever in the judgment of said mayor and council it is necessary or expedient to use said fund, and provided the commissioners for lights, water and sewers consent thereto. Griffin, city of. Street improvements. SEC. 2. Be it further enacted by the authority aforesaid, That the money arising from the tax authorized by the charter of said city as aforesaid may be transferred to the street improvement Page 775 fund hereinbefore provided for and diverted from the said gas, water and electric light fund without a special levy being made for this purpose, or the mayor and council of said city may in their discretion levy and collect the amount herein provided for, separately from the levy made for gas, water and electric lights; provided, however, that in no event shall the amount of taxes levied and collected for both gas, water and electric lights and for street improvements exceed the amount of taxes authorized to be collected by the charter of said city, approved November 27, 1901. Tax limit for water, light and street improvements. SEC. 3. Be it further enacted by the aforesaid authority, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved August 20, 1906. GRIFFIN, CITY OF, CHARTER AMENDED. No. 588. An Act to amend the charter of the city of Griffin, so as to authorize and provide for the payment of a salary of not more than fifty dollars per month to the street overseer of said city. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the expiration of the term of office of the present street overseer of the city of Griffin, the mayor and council of said city are authorized to pay to the street overseer of said city as full salary and compensation for his services not exceeding fifty dollars ($50.00) per month. Griffin, city of. Salary of street overseer. SEC. 2. Be it further enacted by the aforesaid authority, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved August 20, 1906. Page 776 GUYTON, TOWN OF, CHARTER AMENDED. No. 387. An Act to amend an Act entitled An Act to establish a public school system for the town of Guyton, in Effingham county, Georgia; to provide for raising revenue to maintain said school; to authorize and require the county school commissioner to pay to the corporate authorities of said town of Guyton such part of the State school fund as may be the pro rata share of all the children attending said school; to provide for acquiring property and buildings for said school, and for other purposes, approved December 2, 1895, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section two of said Act be amended by inserting between the words empowered and to in the fourth line thereof the words and required; by striking the words one-eighth and inserting in their stead the words one-half in the fifth line thereof, and by adding at the end thereof the following: provided further, that the levy and collection of the tax herein authorized shall begin from the passage hereof, so that said section when so amended shall read: Sec. 2. Be it further enacted (the corporate authorities of the town of Guyton so recommending) that the mayor and aldermen of the said town of Guyton, in Effingham county, are hereby authorized and empowered and required to levy and collect annually in addition to that now authorized by law, a tax not to exceed one-half of one per cent. on the taxable property of said town for the purpose of establishing and maintaining public schools in said town; provided, that the money so collected shall be used only for the purposes herein set forth; provided further, that the levy and collection of the tax herein authorized shall begin from the passage hereof. Guyton, own of. School tax. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. Page 777 HAGAN, CITY OF, INCORPORATED. No. 692. An Act to incorporate the city of Hagan, 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 for said city of Hagan; 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 on the north and west of Seaboard Air Line depot, in said city of Hagan, and the southern limit of said city of Hagan to extend one mile from said Seaboard Air Line depot, and the eastern boundary limits of said city of Hagan shall extend to and join with the corporate limits of the town of Claxton on the south side of the Seaboard Air Line Railroad so far as the said Claxton limits may extend in a southern direction, and thence on southward in a parallel direction for a distance of one mile from said Seaboard Air Line Railroad; beginning on the north side of the right of way of said Seaboard Air Line Railroad the said eastern boundary line shall run westward to a point half way between the present site of the Tattnall Times office and the residence of M. A. Smith, and from thence said eastern boundary shall run in a general northward direction for one-half mile, where it will join with and intersect the northern limit of said city of Hagan, in Tattnall county, be, and they are, hereby incorporated under the name and style of the city of Hagan, and by that name shall be, and are, hereby invested with all of the powers, rights and privileges incident to municipal corporations in this State, as well as all the rights, powers, titles, property, easements and hereditaments now belonging or in anywise appertaining to the town of Hagan, heretofore incorporated. Said city of Hagan created by this Act, is hereby made responsible, as a corporate body, for all legal debts, liabilities and undertakings of the said town of Hagan as heretofore incorporated. Hagan, city of. Corporate limits SEC. 2. Be it enacted by the authority aforesaid, That the inhabitants of the territory described in the above section and incorporated Page 778 as the city of Hagan, 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, or of the United States, with powers in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all 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 Hagan, in perpetuity for any number of years, any estate or estates, real or personal, and tenements, hereditaments of whatever kind or nature within the limits of said city for corporate purposes; to hold all property and effects now belonging to said city, either in her own name or in the name of others, to the use of said city for the purpose and interest for which same was 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 Hagan shall have been approved by the Governor of the State of Georgia. Town of Hagan, charter repealed. 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 Hagan, namely, M. A. Smith, mayor, G. W. DeLoach, H. W. Perkins, J. A. DeLoach, H. R. Sherman and F. G. Smith shall continue in office until January 1, 1907, and until their successors and associates shall have and exercise all rights, powers and duties hereby conferred on the city council of said city, created by this Act. Mayor and councilmen appointed. SEC. 5. Be it enacted by the authority aforesaid, That on the second Monday in December, 1906, an election shall be held for mayor and five councilmen, all of whom will serve for a term of one year, or until their successors are elected and qualified; and said elections for mayor and councilmen shall be held regularly thereafter on the second Monday in each following December, unless such time may be changed by action of council. Elections of mayor and councilmen. SEC. 6. Be it enacted by the authority aforesaid, That no person shall be eligible for office of mayor or councilmen who shall not have resided in said city one year previous to or preceding his election, and shall be a qualified voter in municipal elections. Page 779 for officers of said city, and entitled to register under the registration laws in force in said city. Qualifications of mayor and councilmen. 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, except where the first day of January comes on Sunday, in which event said officers shall be installed on the second day of January after their election, and their successors shall likewise enter upon their duties either as mayor or councilmen on the first day of January 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 an officer in Georgia authorized by law to administer oaths, to wit: I (A. B.), do solemnly swear that I will, to the utmost of my ability, discharge the duties of mayor of the city of Hagan 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, to wit: I (A. B.), do solemnly swear that I will to the utmost of my ability discharge the duties of councilman of the city of Hagan during my continuance in office; so help me God. Terms of office and oath of office. SEC. 8. Be it enacted by the authority aforesaid, That the mayor 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 the affairs of said city, shall preside at all meetings of the city council, and at the police court, except as otherwise herein provided. Powers and duties 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 ordinance adopted or enacted by the council, which veto must be filed with the clerk in writing, together with his reasons therefor, within four days after their action on said measure, and be entered 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 the mayor pro tem., as the Page 780 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 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 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 called meetings as may be ordered by the mayor for special purposes, or when requested to by a majority of the councilmen. All meetings of 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 sessions, when the public shall be excluded. Meetings and quorum. 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 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 the 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. Page 781 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, duties and liabilities. 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, and for what purpose, and shall take 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 be, and the same are, hereby directed to be a fund for the exclusive use of said city. Disbursements, how made. 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 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 offices 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. City treasurer. SEC. 15. Be it further enacted by the authority aforesaid, That at the first regular meeting 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, 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 authorities. City attorney. SEC. 16. Be it enacted by the authority aforesaid, That the Page 782 compensation of the mayor, the councilmen, the city clerk, treasurer, city attorney, and of such other officers, servants or employees of the city shall be such sums as they, the council, shall fix. Salaries. SEC. 17. Be it enacted by the authority aforesaid, That the city council shall have power to elect such marshal, clerk and treasurer and 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 bond 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 them from office for breach or neglect of duty, or incapacity to discharge their respective duties for any cause. City 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 offenses against the laws and ordinances of said city, to be presided over by the mayor in the council chamber, as often as necessary. In the absence of or disqualification of the mayor, the mayor pro tem. shall preside in said court, and in the absence or disqualification of the mayor or mayor pro tem., any 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 ten days in city prison or the county jail of Tattnall county, or by fine not exceeding fifty 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 Page 783 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 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 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: State of Georgia, city of Hagan, I , a member of the police court of the city of Hagan, in the name and behalf of the city of Hagan, charge and accuse with the offense of (here state offense), contrary to the laws of said city, peace, good order thereof, this the day of , 190, and shall be signed by some member of the police force of said city where prosecuted, 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 good 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 the mayor or the mayor pro tem. at the instance of the chief of police, and execution 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. Arrests. 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 be entered within four days after the judgment complained of is pronounced; and provided further, that 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 chief of police. The city shall, as early as practicable thereafter, hear and determine said case appealed, and shall investigate the case de novo. They shall have power, if they find the defendant guilty, to increase or decrease the fine imposed by the mayor or by the council, on the 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, to answer the final judgment rendered in the cause; and provided further, that 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 giving the bond and Page 784 security, and the payment of costs, either or both; and provided further, that the applicant failing to give the bond and security may, in the discretion of the mayor, be imprisoned to await final judgment on the appeal or certiorari. Certioraries above mentioned shall be governed by the same rules that govern all other certioraries. Appeals. Certiorari. SEC. 22. Be it enacted by the authority aforesaid, That the city council of Hagan shall have the power to organize one or more work-gangs, and to confine at labor therein persons who shall have been sentenced by the courts of said city to work upon the streets, or who have not paid their street tax, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline and control of such work-gang, and to enforce the same through its proper officers. Work-gangs. SEC. 23. Be it enacted by the authority aforesaid, That the mayor and each councilman shall be, to all intents and purposes, justice of the peace, so far as to enable them, or any of them, to issue warrants for offenses, either against State or against 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 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 ex officio 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 or houses to be forcibly removed within 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 thirty days, or both, in the discretion of the police court trying the same. Lewd-houses. SEC. 25. Be it enacted by the authority aforesaid, That the city council elect, for such time as they deem proper, a chief of police, who shall be ex-officio marshal of said city, and shall, from time to time, elect such other policemen, and for such term as they see fit; each policeman shall be ex-officio 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 warrants all persons within the corporate limits Page 785 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 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 Hagan, 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 city may prescribe. Appearance bonds. SEC. 28. Be it enacted by the authority aforesaid, That the executions for any and all taxes, licenses, fines, assessments, forfeitures or demands made by the city, or by its corporate authorities against any persons or corporations 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 the sheriffs' sales in all respects, except that when the property levied upon is personalty the rules pertaining to constables' sales shall govern. Executions, how issued and enforced. SEC. 29. Be it enacted by the authority aforesaid, That the said city council shall elect from the citizens of 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 shall be paid from the treasury of said city such compensation as the city council may fix. The said board of health shall make recommendation from time to time to the city council on matters pertaining to 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 the board is created; and any person failing to obey reasonable Page 786 rules, orders or regulations, shall be guilty of an offense against said city, and shall be punished accordingly. Said board shall meet at least once a month and oftener at the call of the chairman. Their rules, orders and regulations shall by the clerk be published, as shall also the minutes of their meetings, except when by order of the board it is thought inexpedient to publish their minutes or any part of them. They shall have the power to establish quarantine, pest-houses and the like. The mayor or city council shall designate some member of the police force as sanitary inspector, 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 purposes of raising revenue for the support and maintenance of the government of the city of Hagan, 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 duties it shall be to carefully govern the tax returns of all property owners in said city after they are made to the proper officer for receiving the same to assess the fair market value of all property on said returns; 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 right 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 Page 787 shall keep on hand sufficient blanks for the property-owners in said city to make their returns on. The 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. Defaulters. SEC. 34. Be it enacted by the authority aforesaid, That the city council shall early in each year fix a 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. Time of taxation. 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, license due and for all fines and penalties assessed upon the owners thereof from the 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 execution issued by the clerk of said city and levied by the marshal. Tax 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 taxation of defaulters execution shall then issue therefor as in other cases at the rates for the several years in which no taxes were paid. The 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 and fifty years, to work such length of time on the streets, etc., of Page 788 said city as said city council shall direct by ordinances, in no case to exceed ten days in each year. Said persons so subject to be worked on the streets of said city shall have the right to relieve themselves of work by paying a commutation tax or street tax, the amount of which shall be fixed by ordinance, and which amount in no event shall 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 be prescribed by the ordinances. Any person subject to work on the streets who shall fail to work or to pay said tax, after having been duly notified, may be punished in police court as other offenders against the ordinances of said city. Street work and tax. SEC. 38. Be it enacted by the authority aforesaid, That the city council of Hagan shall have power and authority to contract debts and issue bonds of said city under and in accordance with limitation 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 water-works, a system of electric lights, a system of public schools, erect school buildings, a city hall, erect public libraries, or grounds for parks, or for city cemetery, or for any other convenience of citizens of said city, or 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 debt. Public utilities. SEC. 39. Be it enacted by 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 school 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 service. 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 Page 789 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 a minute of each meeting which shall be open to 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 any school 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 corporate limits of said city, except it be a school within the corporate limits of the town of Claxton, Ga. One member of said board of school trustees shall serve as chairman and another member 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 of their actings and doings during the past twelve months, and said report shall be spread on the minutes of the city council. Public schools. 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 Hagan, 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 Hagan, 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 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 one-half 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 Page 790 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 in council. 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 unexpired term. Should the mayor pro tem. not be qualified to fill the office, then the city council elect a successor to the mayor to fill out the unexpired term. Vacancy in office of mayor. SEC. 44. Be it enacted by the authority aforesaid, That all ordinances by the mayor and council shall, becoming operative, be entered upon the minutes of the city council and be published at least once in some newspaper having a general circulation in the city; provided, however, that in cases of urgency, the urgency to be judged 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 said city government, not in conflict with the Constitution of the United States, of the State of Georgia or this charter. Ordinances, publication of. 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 of said parts, private drains and sewerage, the location, construction, uses and preservation, and to make such regulations concerning them in particulars. Sanitation. 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 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 Page 791 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 award, the work may proceed notwithstanding the entry of the appeal. Easements. SEC. 47. Be it enacted by the authority aforesaid, That the mayor and council shall have power to prevent hogs, cattle, horses, goats or other animals from going at large in said city, and to take up and impound any horse, mule, cow, 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. Animals. SEC. 48. Be it enacted by the authority aforesaid, That the city council of Hagan shall, by ordinance, define what shall be nuisances in said city, and to 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 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, as far as possible, from danger by fire, and to prevent the spread of fire from one building to another. They shall have power to order any change in the construction 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 such premises pay for the 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 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 an inspector, and 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 the said city council of Hagan shall have power to grant franchise easements and rights of way in, under and on the public streets, Page 792 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 Hagan shall have full power and control over the streets, sidewalks, alleys and parks of said city, and shall have full power and authority to condemn property for the purpose of opening, laying out, widening new streets, alleys and parks, and to erect any public building 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 the power granted in this section it may be done whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, agent or guardian, in the manner provided in sections 4657 and 4686, of volume 2 of the Code of 1895 and Acts amendatory thereof. The said city council shall have full power and authority to remove or cause to be removed any building, 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 the mayor and council shall have executive power and authority to grant franchises to person or persons for the purpose of erecting water systems, light systems and telephone systems, 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 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 Hagan, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, all of whom reside in the city of Hagan, and each of the said managers, before entering upon their duties, shall take and subscribe before some competent officer, or before one of their members, the following oath, to wit: 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 Page 793 elections held under the provisions of this charter shall be chosen by the city council, who shall provide for the pay of managers and their clerks; provided, however, that if the managers as chosen fail to act, then the mayor or mayor pro tem. shall appoint other managers. So far as possible, all the provisions of this charter on the subject of elections shall apply to primary elections held in said city. Elections, how held. SEC. 54. Be it enacted by the authority aforesaid, That in case the manager of any election shall have any reasonable doubts as to the qualifications of any voter, or should any voter be challenged, they shall administer the following oath, to wit: You do swear that you are a citizen of the State of Georgia; that you 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 Hagan; so help me God. Voter's oath. 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 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 forthwith deliver the same to the ordinary of Tattnall county, Georgia. The other tally-sheet and list of voters, together with the certificates showing the result of the elections, signed by the managers, are to 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 contest shall control. Lists of voters. SEC. 57. Be it enacted by the authority aforesaid, That the city clerk, or if the clerk of the council shall be sick or absent, then some person appointed by the city council, shall open in the clerk's office or council chamber, or at such other places 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 lists shall be finally closed; and it shall be the duty of the clerk or other person Page 794 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 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 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 lists, made out in alphabetical order, as soon as the polls are opened, and failing to comply with any of the provisions of this Act, he shall be punished as the council may prescribe. Registration of voters. SEC. 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 Hagan, and to fix the license therefor; provided, that the said license tax in said city shall not be less than two thousand five hundred dollars, and may be any amount above that 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. 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. Approved August 21, 1906. Page 795 HAGAN, TOWN OF, CHARTER REPEALED. No. 691. An Act to abolish the charter of the town of Hagan, in Tattnall county, Georgia, incorporating the town of Hagan, on the 6th day of October, 1903, by the superior court of said county, under section 687 of the Code of 1895, volume 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 October 6, 1903, by the superior court of Tattnall county, Georgia, under section six eighty-seven (687), volume 1 of the Code of Georgia, incorporating the town of Hagan, in said county, and constituting the present charter of the town of Hagan, Georgia, be, and the same is, hereby repealed. Hagan, town of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill entitled An Act to incorporate the city of Hagan shall have been approved by the Governor of the State of Georgia. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. HAHIRA, TOWN OF, CHARTER AMENDED. No. 547. An Act authorizing the mayor and council of the town of Hahira, in the county of Lowndes, to issue bonds in the sum of $10,000 for the purpose of erecting and equipping a school building in the said town of Hahira; to provide for the purchasing of lands on which to erect the same; to provide for the payment of principal and interest of said bonds by levying a tax therefor; to provide for the ratification of the provisions of this Act, by an election to be held for said purposes and to designate how the provisions of this Act are to be carried into effect, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, Page 796 and it is hereby enacted by authority of the same, That the mayor and council of the town of Hahira, in the county of Lowndes, be, and are, hereby authorized to issue and sell bonds, not to exceed in the aggregate $10,000, of the denomination of $100.00 each, to be due and payable at such time and place within thirty years after date of issue thereof as said mayor and council may determine; and to bear such rate of interest not exceeding six per cent. per annum, and to be sold at such price as may be agreed upon by said mayor and council. Hahira, town of. Bonds for schools. SEC. 2. Be it further enacted, That the mayor and council of the town of Hahira pay over to the official trustees of the school of Hahira the proceeds of the sale of said bonds as soon as the sale of any or all of them, taking the proper and necessary receipts therefor. SEC. 3. Be it further enacted, That the mayor and council of the town of Hahira be, and the same are, hereby authorized and required to levy and collect such tax upon the taxable property in said town as will be necessary to carry into effect the provisions of this Act, and to pay the principal and interest of said bonds. Taxation. SEC. 4. Be it further enacted, That from the proceeds of sale of said bonds the board of school trustees of the town of Hahira shall be authorized to erect and equip a school building or school buildings in the town of Hahira; to purchase lands on which to erect the same, and to purchase any lands or other property for school purposes anywhere in said town, and to improve the same; that the location, erection and equipping of said school building or school buildings shall be under the direction of the board of school trustees for the school system of the town of Hahira; that said school board shall have full authority to let contracts for the erection and equipping of said school building or school buildings, and perform any and all other acts necessary for carrying into effect the provisions of this Act; provided, that the mayor and council shall concur in the purchase of buildings or school sites. School buildings, etc. SEC. 5. Be it further enacted, That the mayor and council of the town of Hahira shall order an election, after notice being given as required by law for such elections, at which election shall be submitted to the qualified voters of the town of Hahira, under the same rules and regulations as the elections held for mayor and council of said town, the question of issuing said bonds. Those in favor of the issuing of said bonds shall have written or printed upon their tickets the words For school bonds, and those against the issuing of said bonds shall have written or printed upon their tickets the words Against school bonds. Should the Page 797 requisite constitutional majority vote at said election be in favor of issuing said bonds, the mayor and council of said town are hereby empowered and directed to issue and dispose of said bonds in accordance with the provisions of this Act. Should the requisite majority fail to vote for the issuing of said bonds, then and in that event any number of elections may be held under the provisions of this Act, after due notice being given as required by law for such elections; provided, no election can be held within one year from date of the last election; the power to order said election being vested in the mayor and council of said town. Ratification SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. HARLEM, TOWN OF, CHARTER AMENDED. No. 571. An Act to amend, consolidate and supersede the Acts incorporating the town of Harlem, in the county of Columbia; to confer additional power upon the corporate authorities thereof and otherwise amend the charter of said town, and to provide a new charter for same; to authorize the authorities of said town to establish and maintain a system of water-works and electric lights in said town; to provide revenue for the maintenance of same; and to authorize the issuing of bonds of said town by the mayor and council; to extend the corporate limits of said town, and for other purposes. SECTION 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 the Act incorporating the town of Harlem, entitled An Act to consolidate, amend and supersede the Act incorporating the town of Harlem, in the county of Columbia; to provide for mayor and councilmen; define their powers and duties; repeal conflicting laws, and for other purposes, approved August, 1870, be, and same is, hereby repealed and the following shall be the charter of the town of Harlem, in the county of Columbia: Harlem, town of. New charter. SEC. 2. Be it further enacted, That the town of Harlem shall Page 798 continue to exist under the name and style of the mayor and council of the town of Harlem, and the corporate limits of said town shall extend three-fourths of a mile in every direction from the Baptist church in said town. Corporate name and limits. SEC. 3. Be it further enacted, That the government of said town shall be vested in a mayor and four councilmen, and until the expiration of the term of office for which the present mayor and councilmen now in office were elected, the present mayor, Ike V. Ballard, shall be mayor, and the present councilmen, E. D. Clary, J. P. McCord, C. D. Bailey and R. E. L. Reddy, shall be councilmen, and should a vacancy occur by death, resignation or otherwise before the expiration of either of said officers' term of office, then and in that event an election shall be held to fill or supply said vacancy or unexpired term, as is hereinafter provided for a vacancy in the office of mayor or councilmen. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That from and after the passage of this Act, the mayor and councilmen shall be elected on the second Monday in January annually, the first election under this charter to be held on the second Monday in January, 1907, and hold their respective offices for the term of one year next thereafter, and until their successors are duly elected and qualified. Said election shall be held at the council chamber, or at such place as the mayor of said town shall direct and designate; and should there fail to be an election held in said town at the time above specified, from any cause whatever, the mayor of said town shall order an election held in said town, by posting notice in three public places in said town, and advertising said notice for two weeks prior to said election in a public gazette published in said town or having a general circulation therein. The polls at all elections said town shall not be opened before 8 o'clock a. m., and shall be closed at 3 o'clock p. m. The qualifications of voters of said election shall be such as are required for electors to the General Assembly of this State, and in addition thereto residence within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Election of mayor and councilmen. SEC. 5. Be it further enacted, That said election shall be held under the superintendence of three freeholders; said superintendents to take an oath for the due and legal performance of their duties as such superintendents, and to have all powers incident to said superintendents of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer the following oath: You do swear that you are a citizen of the Page 799 State of Georgia; that you have attained the age of twenty-one years; that you have resided one year in this the town of Harlem; that you have paid all taxes required of you by the State and county, according to law, and have paid all taxes legally due to the authorities of said town of Harlem; so help you God. And the superintendents of said elections shall conform to the laws governing elections in this State, in so far as they are applicable to said elections, and shall issue certificates of election to such persons as receive the highest number of votes polled, who shall within ten days from said election qualify by taking the prescribed oath. Election, how held. SEC. 6. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter in the election aforesaid. Eligibility. SEC. 7. Be it further enacted, That before entering upon their official duties said mayor and councilmen shall each be sworn faithfully and impartially to discharge the duties of his office to the best of his ability; and they shall constitute a body corporate, under the name and style of the mayor and council of the town of Harlem, and by that name and style shall have perpetual succession, and with power to sue and be sued in the courts of this State; to purchase, hold and convey property, and to contract and be contracted with so far as may be necessary to the proper management 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 lay off, to open and lay out such new streets in said town as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys, or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge, when necessary, keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses; to establish markets and regulate all butcher-pens and 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 remove or abate any other thing that may be deemed by them to be a public or private nuisance, and injurious to health, peace and quiet of the town; and to protect places of public worship; to regulate the keeping of gun-powder and other combustibles; to provide cemeteries for the burial of the dead and to regulate interments therein; to make Page 800 regulation 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 buildings shall not be constructed within said limits; to fill open wells or other excavations on unenclosed premises. And said mayor and council shall also have entire and absolute control and jurisdiction of all said pipes, private drains and sewers, water-closets, privy vaults and dry wells in said town, with full power to prescribe their location, structure, uses and preservation, and to make such regulation concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town; and with power also to require changes in, or the total discontinuance of, any of such contrivances and structures already in existence, or any that may hereafter be allowed, and to compel the owners of property to convey the water from their lots by keeping open all necessary and sufficient ditches for that purpose, and to provide for the regular building of houses and other structures, and for the making of division fences by the owners of adjacent premises. Corporate powers. SEC. 8. Be it further enacted, That the mayor and council of the town of Harlem be, and they are, hereby authorized and empowered to purchase, build and maintain a system of waterworks and electric lights for said town, to hold an election on a day specified as now required by law, to determine the question of creating a bonded debt for said purposes, not to exceed in aggregate $25,000 (twenty-five thousand dollars), the bonds to be of such denomination as said mahor and council may think best, to be due and payable at any time within thirty (30) years after issued, as said mayor and council may determine, and that said bonds when issued shall bear interest at six (6) per cent. per annum, to provide at or before the incurring of said indebtedness for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt as the same falls due, such portion as may be necessary to set apart as a sinking fund, with which to pay said bonds at their maturity. The tax hereby authorized and required to be levied shall be in addition to that levied under this charter of said town for general purposes. Water and light. SEC. 9. Be it further enacted, That said bonds herein authorized to be issued shall be sold as hereinafter provided, and the proceeds of said sale shall be used for water-works and electric lights for the town of Harlem; said bonds shall be executed by the official signatures of the mayor and clerk of the town of Harlem, and having affixed the corporate seal of said town. The Page 801 coupons or interest warrants shall be signed by the clerk of the town, and each coupon or interest warrant shall indicate the bond to which it belongs. The clerk of council shall keep a record of the numbers and denominations of all bonds issued. Bonds, how issued. SEC. 10. Be it further enacted, That said bonds as they fall due, and the interest coupons or warrants upon said bonds shall be paid by the clerk of the council by order of the mayor of the said town of Harlem on presentation at the office of said clerk when due or at any such agency in the city of New York as may be designated by ordinance passed before issuance of said bonds. That the principal of said bonds when they shall become due, and the coupons or the interest warrants of the same when they shall become due, shall be receivable by the town of Harlem in payment of all dues to the town of Harlem, and said bonds shall not be taxable directly or indirectly by the town of Harlem. Bonds, how paid. SEC. 11. Be it further enacted, That as soon as the bonds issued under this Act shall have been signed by the mayor and clerk of the town of Harlem and the corporate seal of the said town attached thereto, they shall be kept safely by the mayor and sold by him in the following manner: He shall advertise said bonds for sale to the highest bidder for thirty days in such newspapers and cities as he may think best for bids for said bonds, and the said bonds shall be sold to the highest and best bidder; provided, that in no event shall said bonds, or any of them, be sold for less than par. Bonds, how sold. SEC. 12. 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 Harlem shall be obtained in the manner now provided by law as prescribed in sections 377, 378, 379, and 380, of the Code of 1895. Ratification SEC. 13. Be it further enacted, That the said mayor and council be, and the same are, hereby authorized to condemn property for the purpose of constructing said waterworks and electric lights both in and out of said town of Harlem, under the same rules as prescribed for the condemnation of property for public roads in this State. Condemnation of property. SEC. 14. Be it further enacted, That the said mayor and council shall have authority to pave the sidewalks of said town with brick, cement, or any other like substance; the cost of said paving may be charged to the owner of the adjoining or abutting property, and on the failure or refusal of the said owner to pay said cost of said paving, execution may issue against the owner of said adjoining or abutting property, and also against said property, Page 802 and the same be sold, as provided elsewhere in this charter, to satisfy said execution. Sidewalks. SEC. 15. Be it further enacted, That the said mayor and council may establish a chain-gang for said town for the purposes of working upon the streets, drains, or any other public works of said town persons convicted and sentenced in the mayor's court. And in case any person so convicted shall escape from the chain-gang before his or her term of service shall have expired, upon a warrant issued by the mayor of said town, the same may be arrested in any part of the State by the officers of said town or by any other officer authorized to make an arrest. And said party so escaping, on conviction in the mayor's court, may be sentenced to not more than thirty (30) days additional service in said chain-gang for said escape. Be it further enacted, That said mayor and council may make all necessary rules and regulations for the proper government of said chain-gang, and that nothing herein contained shall be construed to make it obligatory upon the mayor and council to establish a chain-gang. Chain-gangs. SEC. 16. Be it further enacted, That the mayor may hold police courts, try offenders for violations of ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same not to exceed fifty dollars ($50.00), imprisonment not to exceed thirty (30) days, to work on the streets of said town not to exceed thirty (30) 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 ($10.00), or imprisonment for five (5) days for such contempt. From said decisions of said mayor imposing punishments or penalties for violations of such ordinances, rules and regulations, there may be an appeal to the mayor and council upon such terms as may be prescribed by said mayor and council. Mayor's court. SEC. 17. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal and such other police officers as they at any time may deem necessary to assist the marshal in preserving the good order and peace of the town, and prescribe their duties, not inconsistent with this Act and the laws of the State; and shall provide and take such bonds from said officers that may be necessary for the faithful performance of the duties of their offices and fix their compensation. Said mayor and council are authorized to appoint a tax assessor or assessors, should more than one be required, to assess the taxable property of said town, and perform such other services that may be required in connection with said office; fix the compensation of Page 803 said assessor and require bond for the faithful performance of his duties; provided, that nothing in this Act shall disqualify one person from holding the office of clerk and treasurer and assessor at the same time; and the mayor and council shall have full power to remove any of said officers for neglect of duty, incompetency or any other good reasonable cause. That the said mayor and council shall have authority to appoint a board of health consisting of not less than three (3) members nor more than five (5), whose duties shall be to look after the sanitary condition and health of the people of the town. To this end they shall have authority to make all necessary rules and regulations to properly protect the health of the community; and said rules and regulations, when so made and published and have been approved by the mayor and council, shall have full force and effect of law, and the mayor and council may provide a penalty for the violation of same. Municipal officers. SEC. 18. Be it further enacted, That the marshal of said town may arrest without warrant any persons who violate the ordinances of said town, and bring the offender before the mayor for trial, and to this end may summon any citizen or citizens of said town as a posse to assist in such arrest. When brought before the mayor, a written or printed accusation shall be preferred against the offender in manner and form as follows: State of Georgia, town of Harlem. I,....., marshal of said town, charge and accuse..... with the offense of (here state the offense fully), contrary to the laws of said town. This..... day of....., 192.....; and shall be signed by the marshal or his deputy, or acting marshal, as prosecutor, and when such accusation is preferred the same shall be sufficient authority to hold the accused until the final trial of the case, and to that end the accused may be imprisoned, unless he gives a good and sufficient bond and security for his or her appearance at such time as may be required, such bond to be approved by the mayor; if such bond be given and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the mayor, and execution issued thereon by serving the defendant, if to be found, and securities with a rule nisi at least five days before the time of hearing such rule nisi, to be signed by the mayor and clerk of council. Arrests. SEC. 19. Be it further enacted, That all taxes, assessments, fines and penalties recoverable by this Act may be enforced by execution. All writs, processes and subp[oelig]nas issued in behalf of said town shall be directed to the marshal of said town, and signed in the same manner as execution. All executions issued in behalf of said town for the collection of any tax, fines, for-Feitures Page 804 or other purposes, shall be directed to the marshal and signed by the mayor or mayor pro tem. and clerk of council, and all sales by the marshal of said town shall be advertised, if personal property, by posting said advertisement in three of the most public places in said town for ten (10) days before the sale; and if real estate, the marshal shall advertise the same once a week for four weeks in the public gazette in which the sheriff's advertising for the county is done, and shall only sell said real estate on the first Tuesday in each month, within the legal hours of sheriff's sales. Said marshal may levy upon, sell and execute titles thereto to any real estate or personal property in said town, and when a claim of illegality shall be interposed, the marshal shall not sell, but in case of personal property, the claim or illegality shall be returned to the judge of county court, but if there be no such judge, then the justice court of the district in which the town is situated, unless the amount exceeds the jurisdictions of said courts, then the same shall be returned to the superior court of Columbia county, and in case the claim or illegality be interposed to the sale of real estate, the same shall be returned to the superior court of the county in which the property is situated; and in all such cases in any or all of said courts the same rule shall apply, and the same proceeding shall be had and the same appeals, certiorari or other exceptions shall be allowed as are legal in like cases in said courts. Executions, how issued and enforced. SEC. 20. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes upon real and personal property within the corporate limits of said town as they may deem necessary for the support and government of said town; provided, that the tax so assessed shall not exceed one-half of one per cent.; also to levy and collect such tax on business occupations, theatrical exhibitions or other performances exercised, performed or exhibited within the corporate limits of said town, and fix such licenses on circuses, menagerie shows (including all shows of domestic or wild animals), or other shows, billiard-tables, pool-tables, tenpin-alleys, or alleys of any kind used for the purpose of paying or renting, as may be deemed proper. The mayor and council shall require all persons subject to pay such vocation tax license to pay the same or take out such license by the first day of April in each year, and they may punish by fine not to exceed $25.00, or imprisonment not to exceed twenty days, all persons convicted of carrying on a business in said town without paying such tax or license, and the tax or license so paid shall run from the date thereof to the first day of April following; and the mayor and council may at any time Page 805 when they deem it proper, fix the amount for a fractional part of a year. Taxation. SEC. 21. Be it further enacted, That there shall be a lien on all real estate and personal property within said town for the town taxes assessed thereon, and for all fines and penalties assessed or imposed on the owners thereof by the authorities of said town from the time they are assessed or imposed, which shall have priority over all liens, except the liens due the State and county. Tax liens. SEC. 22. Be it further enacted, That the tax-assessor or assessors for said town shall assess the cash market value of all property, both real and personal, in the corporate limits of said town, and turn over such assessment to the mayor and council at their regular meeting in April of each year, and should any property-owners be dissatisfied with the assessment or valuation placed upon his or their property by the assessor or assessors, he or they shall have the right to appeal from said assessment to the mayor and council; provided, said appeal shall be made within ten days after the returns of said assessor or assessors shall have been made to said mayor and council. Tax assessments. SEC. 23. Be it further enacted, That said mayor and council shall have power to take up and impound any horses, mules, hogs, cows, or any other cattle running at large in said town and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town; and they shall have power to levy a tax on each dog in said town running at large, not to exceed one dollar a year. Animals. SEC. 24. Be it further enacted, That said mayor and council may choose from their own number a mayor pro tem., who shall, in the absence, sickness or disqualification of the mayor, perform all the duties required of the mayor, and, in case of the absence, sickness or disqualification of the mayor and mayor pro tem., the majority of the council may select one of themselves to act as mayor temporarily. Mayor pro tem. SEC. 25. Be it further enacted, That in case of the vacancy in the office of mayor or councilmen by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said council to take place at such time as may be specified in said order, after notice of the same is published by posting in two public places in said town for the space of at least ten days before said election. Vacancies. SEC. 26. Be it further enacted, That the mayor, or in his absence Page 806 the mayor pro tem., shall be the chief executive officer of said town; he shall see that all the laws and ordinances of the town are faithfully executed; he shall have power to convene the council in extra session whenever, in his judgment, the exigencies of the case require; he shall preside over all meetings of council, but shall have no vote except in cases of a tie. It shall be the duty of the mayor, or acting mayor, to hold mayor's court as often as may be necessary for the examination of any offense that may be reported to him, or the trial of such persons as may be brought before him; he shall be ex officio a justice of the peace so far as to empower him to commit to jail or admit to bail persons charged with violating the criminal laws of the State, in the same manner and under the same rules and regulations prescribed by law for justices of the peace. Mayor, powers of. SEC. 27. Be it further enacted, That the salary of the mayor shall be fixed by the mayor and council of the town, and shall not exceed the sum of $100.00 per annum, and such other perquisites from the police court of the said town as the mayor and council may authorize by ordinance. Salary. SEC. 28. Be it further enacted, That it shall be the duty of the marshal to collect the town taxes, fines, levies and assessments, and in case the same is not paid within thirty days after they are placed in hands for collection, the mayor and the clerk of council shall issue executions therefor, and the marshal may levy and sell therefor in the manner and way prescribed in section 19 of this Act. Marshal. SEC. 29. Be it further enacted, That all male persons over the age of sixteen and under the age of fifty years, who have resided in the town ten days, shall be subject to work the streets of said town not to exceed ten days in each year, or be taxed therefor as the council may direct and determine, as a commutation for such duties, not to exceed five dollars a year. The mayor and council shall have power to punish by fine not to exceed $25.00, or imprisonment not to exceed twenty days, any person or persons in said town subject to street duty who fails or refuses to work the streets after being duly warned by the marshal to do so, or pay the tax. All work done on the streets shall be done under the supervision of the marshal or such overseer as the town authorities may appoint. No citizen of the town shall be subject to road duty out of said town. Street work and tax. SEC. 30. Be it further enacted, That the 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. Powers of government. Page 807 SEC. 31. Be it further enacted, That all the property now owned by said town invested in the present mayor and council thereof shall be and remain the property of said town, and become vested in said mayor and council; and all ordinances, rules and regulations now of force in said town not inconsistent with this Act shall be and remain of force until amended, altered or repealed by said mayor and council. Property and ordinances of former corporation. SEC. 32. Be it further enacted, That the mayor and council shall have full power and authority to enforce the fire limits established by them, and should any one erect, or cause to be erected within such fire limits any building or other structure contrary to such ordinance, said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, to be collected by execution as in other cases; and should the owner of such building or structure fail or refuse to remove the same upon proper notice and within five days after being so notified, he or she may be fined in a sum not exceeding fifty dollars, or be imprisoned not exceeding thirty days, for each and every day they fail to regard said notice. And whenever the mayor and council shall exercise the power to lay out and open, to widen, straighten or otherwise change the streets and alleys in said town given by this Act, they shall appoint two freeholders and the owner or owners of the lots fronting on siad streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damage sustained or the advantage derived by the owner or owners of said lot in consequence of the opening, widening, straightening, or otherwise changing said streets or alleys. And in case said assessors can not agree, they shall select a fifth freehold umpire, the assessors taking an oath that they will faithfully discharge their duties, and either party shall have a right to enter an appeal to the superior court of Columbia county within ten days from the said award, the mayor and council to have power and authority to enforce the final award by execution against the owner or owners of said lot or lots when the same is found to be advantageous to said owner. Fire limits. SEC. 33. Be it further enacted, That said mayor and council shall have power to regulate and control the sale of vinous, malt or intoxicating liquors in said town; to fix the fee for such license, which shall not be less than two hundred dollars nor over two thousand dollars, and to impose penalties upon any person selling such intoxicating liquors or bitters in said town without such license, and the said dealers in intoxicating liquors or bitters shall comply with the law as to bond and oath; provided, this section Page 808 shall not be operative as long as the prohibition law is in force in Columbia county. Sale of liquors. SEC. 34. Be it further enacted, That the said mayor and council shall have authority to erect, own and operate a telephone exchange in said town whenever in their judgment they may think it for the best interest of the said town; provided, nothing in this section shall be construed to give them authority to violate any existing contracts with any telephone company doing business in said town. Telephone exchange SEC. 35. Be it further enacted, That said mayor and council shall have authority to grant a franchise for not more than twenty years to an electric light company, or any other person, to use the streets of the town in the operating of an electric light plant. Franchises. 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. Approved August 20, 1906. HAWKINSVILLE, CITY OF, CHARTER AMENDED. No. 383. An Act to amend the charter of the city of Hawkinsville, approved December 18, 1902, so as to provide for calling an election for the purpose of allowing the citizens of said city to vote upon the question of issuing bonds for the purpose of building a city hall and auditorium, 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 Hawkinsville, in said State, referred to in the caption of this Act, be, and the same is, hereby amended as follows, to wit: The mayor and council may call an election, at any time they may see fit, for the purpose of allowing the citizens of said city of Hawkinsville to vote upon the question of issuing bonds for the purpose of building a city hall and an auditorium. Hawkinsville, city of. City hall. SEC. 2. And it is further enacted, That the mayor and council shall have authority to provide regulations for holding said election. 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 1, 1906. Page 809 HELENA, CITY OF, CHARTER AMENDED. No. 641. An Act to amend an Act approved December 27, 1890, entitled An Act to incorporate the city of Helena, in the county of Telfair, define its limits, prescribe its municipal powers and privileges, and for other purposes, to change the terms of office of the mayor and aldermen of said city of Helena from four years to one year; to provide for an election of said mayor and aldermen, 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 aforesaid, approved December 27, 1890, incorporating the said city of Helena, be, and the same is hereby amended by striking all of section 3 of said Act after the word enacted, to wit: That the terms of office of mayor and aldermen shall each be for four years and until their successors are elected and qualified, except as to three of the aldermen elected at the first election held under this charter, as hereinafter provided, and inserting in lieu of said stricken portion of such section the following words, to wit: That the terms of office of the mayor and aldermen of said city of Helena shall be for one year each, and until their successors are elected and qualified, such officers to be elected as hereinafter provided, so that said section when amended shall read as follows: Sec. 3. Be it further enacted, That the terms of the mayor and aldermen of said city of Helena shall be for one year each and until their successors are elected and qualified, such officers to be elected as hereinafter provided. Helena, city of. Mayor and aldermen, terms of office. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 of said Act be, and the same is, hereby amended by striking all that portion in the first part of said section between the word enacted and the word elections, to wit: That on the first Thursday in January, 1891, there shall be held in said city an election for mayor, who shall hold his office for four years, and until his successor is elected and qualified, and six aldermen, three of whom shall hold their office for two years, and three of whom shall hold for four years, and until their successors are elected and qualified. At said first election the voters shall designate upon their ballots the three men whom they wish to hold office for two years, and the three whom they wish to hold Page 810 for four years. At said first election all persons residing within the incorporate limits aforesaid who would be qualified to vote for members of the General Assembly shall be qualified electors. After said first election there shall be held every second year, on the first Thursday in January, an election for mayor and three aldermen, or for three aldermen only, if the mayor's office of four years is not about to expire. At such subsequent and adding in lieu of such stricken portion of said section the following, to wit: That on the first Thursday in January of each year from and after the passage of this Act, there shall be held in said city an election for mayor of said city, who shall hold his office for one year from date of his election and until his successor is elected and qualified, and for six aldermen of said city, who shall hold their office each for one year from the date of their election and until their successors are elected and qualified. At such, so that said section when amended shall read as follows, to wit: Sec. 4. Be it further enacted, That on the first Thursday in January of each year from and after the passage of this Act, there shall be held in said city an election for mayor of said city, who shall hold his office for one year from date of his election and until his successor is elected and qualified, and for six aldermen of said city, who shall hold their offices each for one year from the date of their election and until their successors are elected and qualified. At such elections all persons who shall have been bona-fide residents of said city sixty days before the day of election, who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by authority of the city, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such election shall be conducted under the management of a justice of the peace and two freeholders who are residents of said city, and not candidates in said election; or in the absence of a justice of the peace any three freeholders, residents of said city, and not candidates in said election, may manage same. Said managers shall conduct such elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at 8 o'clock a.m., and closed at 3 o'clock p.m. After the first election held under this charter the mayor and city council may appoint any three freeholders or any two freeholders and a justice of the peace, who are residents of said city, to conduct said elections. The managers shall each before proceeding with 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, Page 811 by being freeholders or justice of the peace, to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe that he is entitled to do so, according to the charter of this city, nor knowingly prohibit any one from voting who is so entitled, and that we will not knowingly divulge for whom any vote was cast unless called upon under the law to do so; so help us God. Said affidavit shall be signed by each superintendent or mnaagers 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 officer is present said oath may be made and subscribed by each manager in the presence of the others. The managers acting at the first election under this charter shall issue a certificate of election, which shall be recorded on the records of said city; said certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties, after qualification hereinafter provided. The managers of each subsequent election shall issue to the newly-elected mayor and each of the aldermen elected a like certificate, and shall also certify the result of the election to the acting council, which last certificate shall be entered upon the records of said mayor and city council. Said managers shall also furnish to the city council one of the tally-sheets of said election, certified to them as correct. Mayor and aldermen, election of. SEC. 3. Be it further enacted by the authority aforesaid, That the provisions of this Act and amendments to said city charter shall take effect from and after its passage; provided, however, that the incumbent mayor and aldermen of said city of Helena shall continue to serve and perform the duties of their respective offices until the term for which each has been elected shall expire either by resignation, limitation or otherwise, and that as their several terms expire, or are about to expire, their successors or successor shall be elected under the provisions of this Act for the term of one year each, or in the case of a vacancy until the next regular election to be held on the first Thursday in January next after their election, and until their successors are elected and qualified. Act, when effective. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 812 HICKOX, TOWN OF, INCORPORATED. No. 645. An Act to incorporate the town of Hickox, in the county of Wayne, State of 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 Hickox, in Wayne county, Georgia, is hereby incorporated as a town, under the name and style of the town of Hickox. Hickox, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: All of land lot No. 83, the second district of said county, and also the land on the south side of the run of Buffalo creek, that is on the lot of land No. 84, in the second district of said county, 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 consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the town of Hickox, 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. Mayor and aldermen, corporate powers. SEC. 4. Be it further enacted, That H. L. Herrin be, and he is, hereby appointed mayor, and J. J. Johns, P. S. Knox, J. A. Courson, I. D. Jones and Jas. F. Highsmith be, and they are, hereby appointed aldermen of said town of Hickox, to hold office until the next and first annual election as herein provided. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That on the second Wednesday in January, 1907, and on the same day in each year thereafter, 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 hold said office who are qualified at the time to vote for members of the General Assembly of this State and have resided in said town three months immediately preceding said election. All persons shall be qualified to vote for said officers who are qualified as above to hold the Page 813 same. Such elections shall be held and conducted as are those for county officers, and the certificate of the managers shall authorize the persons so 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 of a vacancy for any cause occurring in any of said offices, the same shall be filled as to the mayor by the board of aldermen selecting one of their number to fill the unexpired term; and as to an alderman by the selection of some fit and proper person of the town by the mayor and remaining aldermen. Mayor and aldermen, election of. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties, the 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 out 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 the town and for the enforcement of the powers herein provided and 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 the same, 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 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. Corporate powers. SEC. 8. Be it further enacted, That said mayor and aldermen of said town shall have power to enforce its ordinances, rules and regulations by fine not exceeding fifty dollars, or imprisonment not exceeding thirty days. Punative powers. SEC. 9. Be it further enacted, That the mayor and aldermen Page 814 of said town shall have authority to elect a mayor pro tem., who shall discharge the duties of mayor during the absence or inability of the mayor from sickness or other causes to perform the said duties of the mayor elected and qualified, and the mayor and mayor pro tem. shall be by virtue of their said office justice 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 ex-officio justice of the peace. SEC. 10. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof, shall see that the ordinances, rules and regulations are enforced, shall have control of the police force of said town, appointing special policemen as the emergency may arise, and generally shall do all things essential for the proper discharge of his duties as such chief executive. Mayor, powers and duties. 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. Approved August 20, 1906. HIRAM, TOWN OF, NEW CHARTER. No. 558. An Act to provide a new charter for the town of Hiram, in the county of Paulding, and to incorporate said town and prescribe its limits; to provide for a mayor and councilmen for said town, and prescribe their duties and powers; to vest in said new corporation all property and other rights now vested in the present town of Hiram; to provide for all other matters of municipal cognizance, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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 Hiram, located in the county of Paulding, 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 the town of Hiram, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all rights, powers and privileges, titles, property, easements and hereditaments now belonging Page 815 or anywise appertaining to said town of Hiram as heretofore incorporated shall be, and are, hereby vested in the town of Hiram created by this Act, and the said town of Hiram created by this Act may sue and be sued, may contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town as the mayor and council may deem best, and which shall be consistent with the laws of the State of Georgia and the laws of the United States. And the said town of Hiram shall be able by law to purchase, hold, release, 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 corporate limits of said town of Hiram for corporate purposes. Said town of Hiram as created by this Act is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said town of Hiram as heretofore incorporated. Hiram, town of, corporate limits and powers. SEC. 2. Be it further enacted, That from and after the passage of this Act the corporate limits of the town of Hiram shall be as follows: Commencing at Moore's crossing on the Southern Railway and going in a northeast direction to north line of right of way of the Atlanta and Birmingham Air Line Railway two hundred yards east of the depot of said railway; thence westerly along the north line of right of way of said railway to first trestle; thence down branch from trestle to Gray's Mill creek; thence easterly along north bank of said creek to second branch below Dean's mill; thence a straight line to starting point at Moore's crossing. Corporate limits. SEC. 3. Be it further enacted by authority aforesaid, That the government of said town shall be vested in a town council composed of a mayor and five councilmen. The present incumbents as mayor and councilmen shall continue in office as mayor and councilmen of the town of Hiram under the provisions of this charter until an election shall be held and their successors are qualified. An election shall be held in said town at such place as the mayor may designate on the first Monday in December, 1906, and on the first Monday in December anually thereafter for a mayor and five councilmen who shall hold their office for one year beginning the first Monday in January 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, for any cause whatever, the Page 816 mayor of said town shall order an election held in said town, by posting a notice in three public places in said town ten days before said election. The polls at all elections under this charter shall be opened at 9 o'clock a.m. and closed at 3 o'clock p.m., said election to be held under the superintendence of any three citizens entitled to vote in said election under the forms and regulations prescribed by law for election of members of the General Assembly in so far as they are applicable to said election and do not conflict with the specific rules herein prescribed. The qualifications of voters at said election shall be the same as required for elections for the General Assembly, and shall have resided in said town six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Mayor and councilmen, tenure of office, election, etc. SEC. 4. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor or councilman from death, resignation or any other cause, the council shall elect a successor for the unexpired term of said office. Should the mayor or any member of council fail to attend the meetings of council or discharge the duties of the office for two months, the council shall have a right to declare the office vacant and elect a successor to fill said vacancy. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to elect such marshal and 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 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 to remove from office all such officers or punish them for a breach or neglect of duty, or to suspend or remove them from office for incapacity to discharge their respective duties from any cause. Officers. SEC. 6. Be it further enacted by the authority aforesaid, That all ordinances, by-laws 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 council of said town. Existing ordinances. SEC. 7. Be it further enacted, That the mayor or acting mayor shall have the power to try all offenses 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 power to compel the attendance of witnesses resident within or without the limits of said Page 817 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, or not exceeding thirty days' confinement in the county jail, or thirty days' confinement in the common jail of the town. He shall have power to punish contempt 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. In case the mayor for any cause fails or refuses to preside at the trial of offenders at police court, any member of council may preside, who shall have all the powers and authority of the mayor. Mayor's court. SEC. 8. Be it further enacted, That 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 cash 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 power to reduce, modify, increase 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 he shall be disqualified from sitting as a member of the court of appeals. Appeals. SEC. 9. Be it further enacted, That said mayor and council shall have power to levy a tax not exceeding one-half of one per cent. on all 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 town who are subject to road duty under the laws of the 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. 10. Be it further enacted, That the said mayor and council shall have power to require any person, firm, corporation, or company engaged in carrying on or who may engage in or carry on any trade, business, calling, vocation or profession within the corporate limits of said town to register their name and business, calling or vocation annually, and to require such person Page 818 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. 11. Be it further enacted, That said mayor and council shall have power to take up and impound any horses, mules, dogs, hogs, cows or other animals 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. Animals. SEC. 12. Be it further enacted, That the mayor and council may by proper ordinance prescribe fire limits in said town, and may in like manner prescribe the kind of buildings, and the kinds of material to be used in the buildings within said fire limits. Fire limits. SEC. 13. Be it further enacted, That the mayor and council of said town shall have full power and authority to remove or cause to be removed all buildings, porches, fences, or other obstructions or nuisances in the public streets, lanes, alleys and sidewalks of said town; to regulate all steam boilers, 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 to license and regulate all hotels, taverns, boarding-houses, and other public houses in said town. Building regulations Hotels, etc. SEC. 14. Be it further enacted, That the mayor and council of said town shall have power therein to lay off, vacate, close, open, alter, curb, pave, and keep in good order and repair, roads, streets, alleys, sidewalks, crosswalks, 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, foot-ways, 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 real property next adjacent thereto. Streets, etc. SEC. 15. 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. 16. Be it further enacted, That all previous charters and amendments thereto to said town of Hiram be, and the same are, repealed by this Act, and all laws and parts of laws militating against this Act are hereby repealed. Approved August 21, 1906. Page 819 HOGANSVILLE, TOWN OF, DISPENSARY ABOLISHED. No. 563. An Act to repeal an Act to establish and maintain a dispensary for the sale of spirituous, vinous or malt liquors in the town of Hogansville, Troup county, Georgia, approved December 2, 1901. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act approved December 2, 1901, to establish and maintain a dispensary for the sale of spirituous, vinous and malt liquors in the town of Hogansville, Troup county, Georgia, be, and the same is, hereby repealed; provided, this Act shall not go into effect until the first day of December, 1906. Hogansville town of. Dispensary abolished. SEC. 2. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. HOLLY SPRINGS, TOWN OF, INCORPORATED. No. 432. An Act to incorporate the town of Holly Springs, in the county of Cherokee, State of Georgia; to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on 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 same, That from and after the passage of this Act, the town of Holly Springs, in the county of Cherokee, be, and the same is, hereby incorporated as a town, under the name of the Town of Holly Springs. Holly Springs, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend in every direction the distance of five-eighths of one mile from crossing Woodstock-Canton and Cherokee-Hickory Flat roads. Corporate limits. SEC. 3. Be it further enacted, That the municipal authorities Page 820 of said town shall be a mayor and five councilmen, who are hereby constituted a body corporate, by the name of the town of Holly Springs, and by said name may sue and be sued, plead and be impleaded, purchase and hold real estate, or sell same; may purchase books, papers and documents 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 have perpetual succession. Corporate powers. SEC. 4. Be it further enacted, That the N. P. J. P., or either of them, of the district in which the town of Holly Springs is situated, that after the passage of this Act, are empowered, and it shall be their duty, to hold an election on the first Saturday in October, 1906, for mayor and councilmen, and shall allow all qualified voters to vote at said election, and they shall keep two tally-sheets, which shall show the names of all parties voting in said election. And when said election or polls are closed they shall count the ballots and shall declare the parties receiving the largest number of votes elected for the respective offices. They shall keep the ballots in a sealed package for a reasonable time to ascertain whether or not there will be a contest for any one of the offices, and after said reasonable time, shall destroy the ballots without breaking the seal of the package, and shall allow no one to inspect the ballots. Mayor and councilmen, election of. SEC. 5. Be it further enacted, That on the first Saturday in December, 1907, and annually thereafter on the same Saturday and in the same month, an election shall be held in said town for mayor and councilmen thereof, said election to be held under such supervision, rules and regulations (not inconsistent with the laws regulating State and county elections) as the council may prescribe. Annual elections. SEC. 6. Be it further enacted, That all persons who have been bona-fide residents of said town for six months next preceding an election held therein, and who are qualified to vote for members of the General Assembly, shall be allowed to vote at any election held in said town. Electors. SEC. 7. Be it further enacted, That the mayor and councilmen, and such other officers of said town as hereinafter provided for, shall, after election or appointment to office, and before he shall enter upon the duties thereof, take and subscribe the following oath (which may be alministered by any officer authorized by the Code of Georgia to administer oaths): I do solemnly swear, or affirm, that I will faithfully discharge all duties incumbent upon me as mayor, or councilman, or other officer of the town of Holly Springs, according to the best of my ability; so help me Page 821 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 subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the duties and compensation of such officers, and require of them such bonds as they may deem necessary, payable to such town in its corporate name. Officers. SEC. 9. Be it further enacted, That the council of said town shall have power therein to lay off, close, open and keep in good order and repair roads, streets and sidewalks, for the use of the public or any citizen thereof; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in and about the premises where held; to abate or to cause to be abated anything which, in the opinion of a majority of the whole council; to protect the person and property of the citizens of said town, and to preserve the peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide for the annual assessment of taxable property therein, which, in no event, shall be greater than one-fourth of one per cent. of the value of the taxable property; to adopt rules for the regulation and government of its own body. The council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the Constitution and laws of Georgia, to carry into effect the foregoing enumerated powers and all others conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonment in the town prison, if there be one, for a term not exceeding thirty days. Streets, etc. 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 thirty days, persons convicted of violating the ordinances of said town; provided, that said penalty shall be inflicted only as an alternative for failure or refusal to pay fine imposed for such violations. Work-gangs. SEC. 11. Be it further enacted, That the mayor of said town shall have authority to bind over, or commit to jail, offenders against any criminal law of Georgia, whenever in the course of investigation before him a proper case therefor shall be made out by evidence. Commitments. SEC. 12. Be it further enacted, That said mayor and councilmen Page 822 shall have power to elect a mayor pro tem., who shall perform all the duties of the mayor when from any cause he can not be present to perform the duties of his office; also to fill any vacancy that may occur in the office of the mayor or councilmen, or any subordinate officer 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 power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof; and in default of such immediate payment he may imprison the offender as hereinbefore provided. Mayor, executive powers. SEC. 14. Be it further enacted, That the mayor and councilmen shall have the exclusive right to prescribe how and in what manner that any building or structure which may be desired to be erected and what the requisites shall be in order to erect any building or structure which might endanger said town by fire, or any part thereof. Building regulations SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. HULL, TOWN OF, CHARTER AMENDED. No. 419. An Act to amend an Act entitled An Act to incorporate the town of Hull, partly in the county of Clarke and partly in the county of Madison, approved August 24, 1905, so as to reduce the corporate limits of said town from one-half mile north, east, south and west from the Seaboard Air Line Railway depot to one-fourth of a mile in all directions in a circle with the south corner of R. H. Bullock's store building as a center; to prohibit the sale of liquors and other intoxicants in said town; to change and limit the salaries of the mayor and council; to reduce the tax rate; to limit the marshal's salary; and to fix a basis of property values for taxation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, Page 823 and it is hereby enacted by authority of the same, That an Act entitled An Act to incorporate the town of Hull, in the counties of Clarke and Madison, approved August 24, 1905, be, and the same is, hereby amended in the following particulars, to wit: By striking section 2 of said Act and substituting in lieu thereof the following: Hull, town of. Sec. 2. That the center of the corporate limits of the town of Hull shall be at the south corner of the store building of R. H. Bullock, now occupied by Thompson and Murry, and that said limits shall extend in every direction one-fourth of a mile from said center, forming a circle. Also, that section 15 of said Act be amended by striking out the figures $500 in the seventh line of said section, and inserting in lieu thereof the figures $25.00; also to strike out the figures $50.00 in the tenth line of said section and insert in lieu thereof the figures $12.00. Also, that section nineteen of said Act be amended by striking out the words one-half in the third line of said section and inserting in lieu thereof the words one-fourth. Also, that said Act be amended by striking all of section thirty-one of said Act after the seventh line of said section and inserting in lieu thereof the following: All persons dissatisfied with the value placed on their property by the said mayor and council shall appear before said body after notice of said increase and submit proofs as to the value of the property, and the decision of the mayor and council, after a full hearing, shall be final. Amendments to charter. SEC. 2. Be it further enacted by the authority aforesaid, That said Act be further amended by adding the following to section thirty-five: That the said mayor and council shall have no authority to issue any license for the sale of liquor or other intoxicants within the limits of said town of Hull, and the sale of liquor and all other intoxicants within the limits of said town is hereby forever prohibited. That the salary of the marshal shall be limited to one hundred and twenty dollars per annum, besides his fees for arrests, taking bonds, serving subp[oelig]nas, tax fi. fas., feeding prisoners and other legal costs and fees. Sale of liquor. Marshal. 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 9, 1906. Page 824 IRON CITY, TOWN OF, CHARTER AMENDED. No. 639. An Act to amend an Act of the Legislature of 1900, incorporating the town of Iron City, approved December 20, 1900, so as to abolish the dispensary of said town; to prohibit the sale of liquors in said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act passed by the General Assembly of Georgia in 1900, approved December 20, 1900, be, and the same is, hereby amended by striking from said Act sections 9, 10, 11, 12, 13, 15, 16, 17, and numbering the remaining sections accordingly. Iron City, town of, amendments to charter. SEC. 2. Be it further enacted by the authority aforesaid, That said Act be further amended by adding an additional section which shall read as follows: Be it further enacted, That the mayor and council shall not have power nor authority to license or authorize the sale of intoxicating whiskeys or liquors, or beer, of whatever kind, by retail or otherwise, nor shall it be lawful for any person, firm or corporation to keep for sale within the limits of said town any such whiskey, brandies, beer, or any other intoxicating or alcoholic drinks by whatsoever name or names the same may be called. Sale of liquor. SEC. 3. Be it further enacted by the authority aforesaid, That the provisions of this Act shall become operative on and after January 1, 1908. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 825 JACKSON, CITY OF, CHARTER AMENDED. No. 616. An Act to amend an amended Act amending the charter of the city of Jackson, approved December 22, 1898, to authorize the police of the city of Jackson to make arrest with or without summons or warrants. SECTION 1. Be it enacted by the General Assembly of Georgia, and by the authority of the same, That from and after the passage of this Act, section 26 of the amended charter of the city of Jackson, approved December 22, 1898, be amended, and the same is, hereby amended by striking therefrom the sentence beginning on the fifth line in said section and being as follows: It shall be their duty to make arrests in the manner prescribed by law of persons violating any penal law of this State; they shall perform such other duty as shall be imposed by the law of this State or ordinances of the city council, and substituting therefor the following: It shall be the duty of the police to make arrests of any persons violating the ordinances of said city with or without summons and also without warrant. They shall likewise make arrests of any persons who have violated the penal statutes of said State, and their arrests for such violations of the laws of this State or the ordinances of said city are hereby authorized either with or without warrants or summons therefor. When amended said section 26 shall read as follows: Jackson, city of. Arrests. The compensation of said police and such other officers as may be elected shall be prescribed by ordinance and shall not be increased or diminished during their respective terms; no extra pay or allowance or costs shall be made to them, or either of them. It shall be the duty of the police 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 penal statutes of said State, and their arrests for such violations of the laws of this State or the ordinances of said city are hereby authorized, either with or without warrant or summons therefor. It shall be the duty of the marshal to prosecute offenders before the superior court of Butts county, or the county court of said county. Prosecution of offenders For a failure to perform any duty required by law he or they may be suspended or removed from office by the mayor and Page 826 council. The mode of preferring accusation against him or them shall be prescribed by city ordinance. The marshal and police shall be so uniformed and armed as to be readily recognized by the public as a peace officer, said arms and uniforms to be furnished by the city and to remain the property of the city. Marshal and police. SEC. 2. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. JUNCTION CITY, TOWN OF, INCORPORATED. No. 685. An Act to incorporate the town of Junction City, in Talbot county, State of Georgia; to provide for a mayor and five councilmen and other officers of said town; to prescribe their powers and duties; to provide for the making of all laws, rules, regulations and ordinances for the proper government and control of said town, and the enforcement of its ordinances. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Junction City, in the county of Talbot, be, and the same is, hereby incorporated as a town under the name of the town of Junction City. Junction City, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town be as follows: Beginning at the point where the store built by the Perkin's Lumber Company now stands, which was used by said firm as a commissary, and extending in every direction one mile from the said point. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That F. A. Montgomery is hereby appointed mayor of said town, and J. H. Mayo, C. W. Pye, C. W. Moore, J. M. Gilbert and J. H. Jackson 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 Monday in January, 1907, and on each succeeding first Monday in January of every year thereafter, for a mayor and five councilmen to serve for one year, or until their successors are elected and qualified; said election to be conducted in the same manner as elections for members of the General Assembly of Georgia, and all persons living within the corporate limits of the town of Junction City, and who have lived therein for a period Page 827 of ten days next preceding the election, who are qualified to vote for members of the General Assembly of Georgia, shall also be qualified to vote for a mayor and councilmen for said town. The persons receiving the highest number of votes for the office of mayor shall be declared duly elected, and the five persons receiving the highest number of votes for the office of councilmen shall be declared duly elected, and as soon as they take the oath of office shall enter upon the discharge of the duties of their respective offices. Election of mayor and councilmen. SEC. 5. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will discharge all the duties devolving upon me as mayor, or councilman, as the case may be, of the town of Junction City to the best of my ability and understanding; so help me God. Oath of mayor and councilmen SEC. 6. Be it further enacted, That the 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 in conflict with 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 other cases of sale of property. All the levies of the tax executions shall be by the marshal or his deputy, and all sales shall be conducted as the sales of the sheriffs of this State in case of the 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 days in each year, or they may prescribe a commutation tax not to exceed four dollars ($4.00) 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, Page 828 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 by him, he may imprison the defendant to work upon the public streets of the town of Junction City for any time not to exceed sixty days. Mayor, executive 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, or 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 mayor, 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 shall have the power to establish and maintain within the corporate limits of said town of Junction City 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 the State of Georgia 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 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 or during the unexpired term of the mayor or councilman, as the case may be, whose office has thus been vacated. Vacancies. SEC. 13. Be it further enacted, That said mayor shall have Page 829 jurisdiction to try all persons charged with the violation of any law or ordinance, rule or regulation of said town, and to punish such person when properly convicted, by a fine not exceeding one hundred dollars, imprisonment in the calaboose of said town not exceeding thirty days, and to work at hard labor on the streets or such other public works in said town not to exceed sixty days, any one or all of which 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 against the offenders against the laws of said town, to bind every such offender and to have such jurisdiction in said town as may be necessary, to act as a committal court, and shall have power to issue a mittimus directing the sheriff of Talbot county to receive such offenders 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 councilmen shall also have the power to levy and collect such licenses upon any and all business occupations of different kinds carried on in said town for any length of time, as they may see proper, and to enforce the collection of the same as in the case of other taxes; provided, that no taxes shall be levied upon persons selling country products, when the same is 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 councilmen, and the same shall never be exercised under this charter. Sale of liquor. 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, town-walks, horseways, street-crossings and ditches for the use of the public and the citizens of said town, and keep the streets of the said town free from obstructions, and abate, or cause to be abated, what, in the opinion of the majority of said councilmen, would be a nuisance, Page 830 and to 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. Approved August 21, 1906. LAKE PARK, TOWN OF, CHARTER AMENDED. No. 371. An Act to amend the charter of the town of Lake Park, in Lowndes county, Georgia, so as to confer upon the mayor and aldermen of the town of Lake Park power and authority to grant to the Georgia Southern and Florida Railway Company an encroachment on Railroad Avenue, a public street in said town, at a point between Lawrence street and West street, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives in General Assembly met, That the mayor and aldermen of the town of Lake Park, Lowndes county, Georgia, be, and they are, hereby authorized and empowered to grant to the Georgia Southern and Florida Railway Company an encroachment on Railroad Avenue, a public street in said town, and on the north side of the Georgia Southern and Florida Railroad between Lawrence street on the west, and West street on the east, not to exceed a strip more than twelve (12) feet wide, and not more than two hundred and twenty (220) feet in length, as the mayor and aldermen of said town may deem necessary for the public interest. Lake Park, town of. Grant to Georgia Southern and Florida R'y Co. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1906. Page 831 LAWSON, TOWN OF, INCORPORATED. No. 675. An Act to incorporate the town of Carl, in Gwinnett county, under the town name of Lawson; to define the corporate limits of said town; to provide for the election of a mayor and five aldermen, and other town officers for the government thereof; to provide penalties for the violation of ordinances passed by said mayor and aldermen; to limit the rate of taxation to one-half of one per cent.; to raise a revenue by taxation or otherwise; to provide for the laying off of streets, alleys and sidewalks, maintaining same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Carl, in the county of Gwinnett, be, and the same is, hereby incorporated as a town under the name of Lawson. Lawson, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the incorporate limits of said town shall be as follows: One-half mile in any direction from the intersection of Lawrenceville, Hog Mountain, Perry and Jefferson streets in said town of Carl. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and four aldermen, who are hereby constituted a body corporate, under the name and style of the mayor and council of the town of Lawson, and by that name and style shall have perpetual succession, and by that name shall be capable to sue and be sued in any court of law or equity in this State, and to do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive and possess, to retain to themselves and their successors in office, for the sole use and benefit of the said town of Lawson, and sell, exchange or lease the same in any manner whatever. Mayor and aldermen, corporate powers. SEC. 4. Be it further enacted by the authority aforesaid, That M. C. Farmer be, and is, hereby appointed mayor, and G. S. Perry, David Hamilton, G. P. Troutt, G. W. Giles be, and they are, hereby appointed aldermen of said town of Lawson, to hold their offices until the first annual election as hereinafter provided. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That the first election of officers under this Act shall be on the second Monday in January, 1907, and annually thereafter without further notice on the second Monday in each year, at the council rooms, under such rules, supervisions Page 832 and regulations not inconsistent with the laws and regulations of county elections, as the council may prescribe, such elections to be evidenced by the certificate of the managers, entered on the record of the town and every person elected or appointed to an office in said corporation shall, within twenty days after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe the following oath of office: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as an officer of the town of Lawson, in Gwinnett county, Georgia, according to the best of my ability and understanding; so help me God. Such oath may be administered by any person authorized by the laws of this State to administer oaths. Election of mayor and aldermen. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to said office unless at the time of his election he resides within the corporate limits of said town, and is at least twenty-one years of age and a freeholder. Eligibility. SEC. 7. Be it further enacted by the authority aforesaid, That the council shall also elect a treasurer and marshal, if they deem it necessary, each of whom, when elected, shall enter into bond, with sufficient securities, approved by the mayor, in such penalty as the board shall prescribe, payable to the corporation conditioned faithfully to collect and pay over, as required by the board, all taxes, fines, forfeitures, and all other incomes of said corporation, and said officers shall hold their offices during the pleasure of the council. The treasurer may be selected from among the councilmen. Officers. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall hold their offices for one year, and until their successors are elected and qualified. Annual elections. SEC. 9. Be it further enacted by the authority aforesaid, That if, from any cause, the annual election, as herein provided, shall not be held at the time prescribed, the mayor and council, or in their failure, any justice of the peace within the town district, may, at any time, on giving the qualified voters of the town at least five days' notice thereof, by written or printed notices, at three or more public places within the corporation, hold such election in all other respects as hereinbefore provided, and the persons so elected shall have the same powers and liabilities as if they had been elected at the regular time. Other elections. SEC. 10. Be it further enacted by the authority aforesaid, That when any vacancy shall occur from any cause in the office of mayor or in the council, the vacancy shall be filled by appointment by the council from among the citizens of the town eligible under Page 833 this charter. All contested elections shall be heard and decided by the retiring council. Vacancies. SEC. 11. Be it further enacted by the authority aforesaid, That the council shall be presided over by the mayor, or in his absence, by the mayor pro tem., or in his absence, by one of the councilmen elected by a majority of the council present, and the mayor and two members of the council, or in the absence of the mayor three councilmen shall be necessary to form a quorum for the transaction of business. Upon the call of the mayor or any councilman, the yeas and nays on any question shall be taken and recorded upon the minutes. The mayor, in case of a tie, shall have the casting vote. Meetings of council. Quorum. SEC. 12. Be it further enacted by the authority aforesaid, That the council of said town shall have power therein to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, crossways, drains and gutters for the use of the public, or of any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crossways, drains and gutters to be curbed and paved and kept in good order, free and clean by the owner and occupants thereof, or the real property next adjacent thereto; to establish and regualte a market; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, oppressive or unwholesome; to prevent hogs, cattle, horses, sheep and other animals and fowls of all kinds from going at large in said town; to protect places of divine worship and other assemblies for literary or benevolent purposes in and about the premises where held; to abate, or cause to abate, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near the town places for the burial of the dead, and to regulate the interment therein; to provide for the regular building of houses, or other structures, and for the making of division fences by the owner of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations for the guarding against danger or damage by fire; to protect the health, property and person of the citizens of the town, and to preserve peace and good order therein; and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the Page 834 council; to fix their terms of service and compensation; require and take from them bonds, when deemed necessary, payable to said corporation, with such securities and in such penalties as they may see fit, conditioned for the faithful discharge of their duties; to provide a revenue for the town by taxation not to exceed one-half of one per cent., and to appropriate the same to its expenses; to provide for the assessment of taxable property therein, and to adopt rules for the regulation and government of its own body; to carry into effect these enumerated powers and all others existing or hereafter conferred by law. The council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State, and to prescribe, impose and enact reasonable fines and penalties not exceeding thirty dollars, and imprisonment in county jail, or other place of imprisonment in said town, for a term not exceeding thirty days, or as an alternative of failure or refusal to pay fines imposed to require labor in a work-gang for a term not exceeding thirty days. Streets, etc Corporate powers. Taxation. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of the town; he shall take care that the orders, by-laws, ordinances, acts and resolutions of the council are faithfully executed; he shall have power to issue his warrant for the arrest and shall try all offenders against the ordinances, orders and by-laws of said town; he shall have power to punish for contempt, by fine or imprisonment, such fine not to exceed ten dollars, such imprisonment not to exceed ten days, for each offense. He shall have control of the police of said town, and may appoint special police officers whenever he deems it necessary, and it shall be his duty to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town. Before issuing his warrant therefor he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such payment he may commit the party to jail of Gwinnett county, or other place of imprisonment in said town, until the fine and costs or penalties are paid, but in no case shall said imprisonment be for longer than thirty days. In the absence of or inability of the mayor, on any account, the mayor pro tem. (to be appointed by council), and in his absence or inability, one of the councilmen, to be designated by the other members of the council, shall perform the duties and be vested with all his powers. Mayor, executive powers. Page 835 SEC. 14. Be it further enacted by the authority aforesaid, That the mayor shall receive like fees of a justice of the peace for like services, and the marshal shall receive like fees of a justice of the peace for like services, and the marshal shall receive like fees of a constable, and the treasurer shall be allowed a commission of two and one-half per cent. upon all sums received by him, and two and one-half per cent. upon all sums put out by him. The common council may also elect a clerk (and in his absence the mayor may appoint a clerk pro tem.), whose duty it shall be to keep in a well-bound book a fair and correct record of all proceedings of the mayor's court, and for such services he shall be entitled to have fifty cents for each case of conviction, to be taxed in the bill of costs. He shall also keep a record of the council proceedings, and for such service may be allowed such sum as the council may deem proper. The minutes must be authenticated by the signature of the mayor or other presiding officer for the time being. Fees of officers. 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. Approved August 21, 1906. MACON, CITY OF, RIDING BICYCLES ON SIDEWALKS OF SUBURBS, PROHIBITED. No. 396. An Act to make it unlawful to ride a bicycle, tricycle or like contrivance upon the sidewalks of the suburbs of the city of Macon, in the county of Bibb; to provide a punishment for a violation of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person to ride a bicycle, tricycle, or like contrivance, upon the sidewalks of any of the suburbs of the city of Macon, in the county of Bibb, when any such sidewalk is well defined and lies within a radius of one mile of the corporate limits of said city. Macon, city of, bicycles, etc., on sidewalks of suburbs. SEC. 2. Be it further enacted by authority aforesaid, That any person violating the provisions of this Act shall be guilty Page 836 of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of volume 3 of the Code of 1895. 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 the same are, hereby repealed. Approved August 1, 1906. MADISON, CITY OF, WATERWORKS BONDS. No. 496. An Act to amend an Act authorizing and empowering the mayor and city council of the city of Madison, in the county of Morgan, to purchase, build, contract for, establish and maintain a system of waterworks and a system of sewerage and drainage for said city of Madison, etc., approved August 13, 1903, by striking out from section 1 of said Act the words and figures forty thousand dollars ($40,000) and inserting in lieu thereof the words and figures fifty thousand dollars ($50,000.) 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 authorizing and empowering the mayor and city council of the city of Madison, in the county of Morgan, to purchase, build, contract for, establish and maintain a system of waterworks and a system of sewerage and drainage for the said city of Madison, etc., approved August 13, 1903, and referred to in the above caption, be, and the same is, hereby amended as follows: That section 1 of the above-recited Act is hereby amended by striking from said section the words and figures forty thousand dollars ($40,000) and inserting in lieu thereof the words and figures fifty thousand dollars ($50,000), so that said section, when so amended, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, That the mayor and city council of the city of Madison be, and they are, hereby authorized and empowered to purchase, build, contract for, establish and maintain a system of waterworks and a system of sewerage and drainage for the city of Madison; to issue and sell bonds for the purpose of building, contracting for, establishing and equipping said system of waterworks, and said system of sewers and drains, not to exceed in the aggregate the sum of Page 837 fifty thousand dollars ($50,000), of such denomination as the said mayor and city council of Madison may determine, to be due and payable any time within forty years after issue, as they, the said mayor and city council may determine. The said bonds, when so issued, shall bear interest at not exceeding the rate of four and one-half percentum per annum, payable semi-annually, January 1 and July 1 each year, in Madison, Georgia, or at any bank in New York City, as the holders may designate. Madison, city of, bonds for waterworks. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. MADISON, CITY OF, CHARTER AMENDED. No. 497. An Act to amend the charter of the city of Madison, Georgia, approved October 6, 1891, by amending section 21 thereof, so as to authorize and empower the mayor and city council to provide, own and furnish, in and near the city of Madison, cemeteries for the burial of the dead; to regulate and control the interments in same; to exercise police control over, and to care for said cemeteries, and to guarantee perpetual care to lots in said cemeteries; and for other purposes. SECTION 1. Be it enacted, and it is hereby enacted by the General Assembly of Georgia, That section 21 of the charter for the city of Madison, Georgia, approved October 6, 1891, be amended by adding to said section the following words: They shall also have the power and authority to provide, own and furnish, in and near said city of Madison, cemeteries for the burial of the dead, to regulate and control the interments in same; to exercise police control over, and to care for said cemeteries, and to guarantee perpetual care to lots in said cemeteries, so that said section 21, when so amended, shall read as follows: Be it further enacted, That the mayor and city council of Madison shall have power to remove all obstructions upon the streets and sidewalks in said city. They shall have the power and authority to abate, or cause to be abated, anything which in their opinion is a nuisance, whether the same be in the streets or on the lots of individuals, firms, corporate companies or institutions in said city; and they shall have power and authority to pass all necessary Page 838 laws and ordinances to enforce this provision and providing for the mode and manner of abating such nuisance, not inconsistent with the Constitution and laws of the State of Georgia. They shall also have the power and authority to provide, own and furnish, in and near the said city of Madison, cemeteries for the burial of the dead, to regulate and control the interments in same; to exercise police control over, and to care for said cemeteries, and to guarantee perpetual care to lots in said cemeteries. Madison, city of, police powers. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. MANSFIELD, TOWN OF, NEW CHARTER. No. 524. An Act to establish a new charter for the town of Mansfield, located in Newton county, Georgia; to establish and define the corporate limits thereof; to provide for the election of officers, and to prescribe their powers and duties; to confer the power and authority to issue bonds; to condemn and take private property for public purposes, and to provide for all matters of municipal concern and cognizance, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory hereinafter defined as the corporate limits of said town of Mansfield be, and are, incorporated under the name of the town of Mansfield, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to like municipal corporations in this State. And the said town of Mansfield may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and make and enact through its mayor and councilmen such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town as said mayor and councilmen may deem best, and not inconsistent with the Constitution and laws of Georgia, or of the United States. Said town of Mansfield shall be capable in law and equity to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, any estate, or estates, real and personal, lands, tenements and hereditaments of every kind, Page 839 within or without the limits of said town, for corporate purposes, and to sell and convey, alien, exchange or lease, the same or any part thereof. Mansfield, town of, corporate name and powers. SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Beginning at that point where Pine street intersects with the main track of the Central of Georgia Railway Company, and extending thence one-half mile south, one-half mile north, one-half mile east, and one-half mile west, so that said corporate limits shall be in the form of a square, the sides of which are to be one mile each in length. Corporate limits SEC. 3. Be it further enacted, That the government of said town shall be, and is, vested in a mayor and five councilmen, who shall exercise all corporate rights and powers conferred by this Act upon said town of Mansfield, and who shall hold their respective offices for one year, or until their successors are elected and qualified. Mayor and councilmen SEC. 4. At the first regular meeting of the mayor and councilelect in each year they shall elect one of their number mayor pro tem., whose term of office shall be for one year, and if a vacancy occurs it shall be filled by the mayor and council for the unexpired term. Such mayor pro tem. shall have and exercise the right and power of the mayor during his absence from said town, or meetings of the council, or his disqualification. Mayor pro tem. SEC. 5. Be it further enacted, That on the second Monday in January, 1907, and annually thereafter on the same day, an electioon shall be held in said town, at such place therein as may be fixed by the mayor and council for a mayor and five councilmen thereof. Should there, for any cause, fail to be an election at the time specified, or should any vacancy occur from death, removal or other cause, the mayor and council, or the council if the vacancy aforesaid be as to the mayor's office, shall order an election to be held, and shall post a notice of the time of such election at two places in said town for at least ten days previous thereto. At all such elections the polls shall be opened not earlier than eight o'clock a. m., and shall close at three o'clock p. m. All elections under this Act shall be held by a justice of the peace, assisted by two freeholders, who are citizens of said town, and own real estate therein, or by three freeholders, all of whom shall be citizens of said town and own real estate therein. Each of said managers shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: We, and each of us, do 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. Such elections Page 840 shall be conducted under the rules and regulations governing elections for members of the General Assembly of this State, except that only two lists of voters and two tally-sheets shall be kept. After the polls are closed the managers shall count the votes, declare the result, and certify the same to the mayor and council, who shall cause the same to be entered on their book of minutes. The managers shall deposit with the mayor all papers pertaining to said election, who shall preserve them unopened for ten days, and then destroy them, unless notice of a contest be filed with the mayor. All contests shall be conducted as may be prescribed by law. Elections of mayor and councilmen. SEC. 6. Be it further enacted, That persons qualified to vote at such elections, or other elections held under authority of the mayor and council of said town, shall all be persons who are qualified to vote for members of the General Assembly, and who shall have bona-fide resided in said town for six months next preceding the election at which they offer to vote, and who shall have paid all taxes lawfully imposed by said town authorities, including street and business taxes for the year in which said election is held; provided, such persons shall have complied with such registration law and ordinances as may be adopted by said mayor and council; and said mayor and council are hereby authorized to provide by ordinance for the registration of voters upon such terms as they may prescribe, not inconsistent with the laws of Georgia or of the United States. No person offering to vote at such election whose vote is challenged shall be allowed to vote unless he shall take the following oath, to be administered by any one of the managers: I do solemnly swear, or affirm, that I am a citizen of Georgia, and have attained the age of twenty-one years; that I have resided in the State of Georgia one year, and in the town of Mansfield six months next preceding this election; that I have paid all taxes lawfully required of me, and which I have had an opportunity to pay agreeable to law, and that I have not voted in this election; so help me God. Any person voting illegally at any of such elections shall be guilty of a misdemeanor, and on conviction therefor shall be punished as is prescribed in the laws of Georgia. Electors. SEC. 7. Be it further enacted, That any citizen of said town who is qualified to vote for mayor and councilmen shall be eligible to hold either office, except that the mayor must have attained the age of twenty-five years, and each councilman the age of twenty-one years at the time of the election. If any member of the council be elected clerk or treasurer he may be paid such compensation for his services as the mayor and council may fix. Eligibility to office. Page 841 SEC. 8. Be it further enacted, That within five days after the election of said mayor and councilmen, and before they enter upon the discharge of their official duties, the mayor shall, before some officer authorized to administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the best of my ability, discharge the duties of mayor of the town of Mansfield during my continuance in office; so help me God. And the mayor, after being so qualified, shall have full power and authority to administer a like oath to each member of the council. Oath of mayor and councilmen SEC. 9. Be it further enacted, That said mayor and council at their first meeting, or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, a marshal (and if they see fit a deputy marshal), a treasurer, a tax-receiver and a tax-collector. The clerk and treasurer may be elected from their own body, or any other citizen of the city may be elected, and the same person shall be eligible to hold at the same time the offices of clerk, treasurer, tax-receiver and tax-collector. The mayor and council shall also fix the compensation to be paid these officers, and take from them such bonds as they may deem proper, conditioned for the faithful discharge of their respective duties, the amount of said bond to be fixed by the mayor and council, and subject to approval by the mayor. Each of said officers, before entering upon the discharge of his duties, shall give bond, and shall take and subscribe an oath faithfully to discharge the duties of the office to which he has been elected. It shall be the duty of the clerk of council to attend all meetings of such council, and such meetings as are called by the mayor, to notify the several councilmen of all called meetings, to keep a fair and regular minute of all proceedings of the council. Officers. SEC. 10. Be it further enacted, That the mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all meetings the mayor, if present, shall preside, and he may vote in all cases of a tie. He may also vote in all elections for officers by the board, whether there be a tie or not. The mayor and three members of the council shall constitute a quorum for the transaction of business. A less number, in the absence of a quorum, may adjourn a regular meeting to a future time. Meetings of council, etc. SEC. 11. Be it further enacted, That said mayor and council shall have full power to pass all ordinances, by-laws and resolutions which they may deem necessary for the good government of said town, the protection of the property, peace, good order, Page 842 health, comfort, and convenience of the citizens thereof, and to fix suitable penalties for violation of the same. They may provide for punishing violations of their ordinances, by-laws or resolutions by fine, imprisonment in the town prison, or working on the streets of the said town, the fine in no case to exceed one hundred dollars, the imprisonment not to exceed ten days, and the sentence to work on the streets not to exceed thirty days, but they may inflict either or all of said penalties. All the ordinances, by-laws and resolutions passed by the mayor and council shall be entered on the minutes by the clerk. Legislative powers. SEC. 12. Be it further enacted, That said mayor and council shall have the superintendence and control of the streets, the parks and cemeteries in said town, and may prohibit or remove all obstructions of, or encroachments thereon, or interference therewith. They are vested with power to open and lay out new streets or alleys, to widen or straighten any of the streets, or alleys of the town. If at any time it be by the mayor and council deemed advisable in opening and laying out new streets or alleys, or widening streets or alleys, to take private property for such public uses, they are authorized to do so upon compliance with the laws of Georgia, sections 4657, et seq., Civil Code of 1895, prescribing the mode of such taking. Said mayor and council shall also have full power and authority to pave or otherwise improve the sidewalks of said town with whatever material and in whatever manner they may deem proper, and to assess one-half the costs thereof, including all necessary curbing, on the real estate abutting on the sidewalk so paved, or otherwise improved, and to enforce the collection thereof; shall have power to issue executions against the owner or owners of said abutting property as city tax executions are issued, and to order a levy on and sale of said abutting property. Streets, etc. SEC. 13. Be it further enacted, That the mayor shall be the chief executive of the town of Mansfield. He shall see that all laws and ordinances of said town are faithfully executed. He shall have a general supervision over the police force of said town and its general interests. He shall examine and audit all accounts or demands against said town, not exceeding five dollars, before payment made. All accounts or demands 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 it be advisable. He shall be required to convene council in extra session whenever petitioned by two-thirds of the council. He shall have general supervision over the streets and public buildings of said town. Executive powers of mayor. Page 843 SEC. 14. Be it further enacted, That the mayor, or in his absence the mayor pro tem., shall have full power and authority to hold at such times and places and under such rules and regulations as may be prescribed by ordinance, a mayor's court for the town of Mansfield for the trial of offenders against the laws and ordinances of said town, and impose such penalties for violation thereof as may be prescribed by ordinances, not to exceed one hundred dollars, or imprisonment and labor on the public streets or works of said town not to exceed thirty days for each offense, or to impose both penalties if the mayor sees fit to do so. 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 to the mayor at the time said judgment is pronounced, or when the officer goes to execute the same, which notice shall supersede said judgment until the hearing of said appeal; provided, the appellant shall give bond with good security, to be judged of and approved by the mayor, payable to said mayor and his successors in office, conditioned to stand by and abide any judgment rendered in said case, which bond may be forfeited by the mayor or council for non-appearance, and execution issue of the amount adjudged with all costs thereon, such execution to be issued and signed by the clerk of the council and attested in name of the mayor. Mayor's court. SEC. 15. Be it further enacted, That said mayor and council may levy and collect for town purposes and uses a tax not to exceed fifty cents on every one hundred dollars' value of property, real and personal, in said town that may be taxable under the laws of Georgia. They may also levy and collect an additional tax thereon, not to exceed three-fourths of one per cent. per annum, for the maintenance of such public schools as may be lawfully established in said town. They shall also have power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of the principal and interest of any bonded debt of said town which may be hereafter created by said town in accordance with the Constitution and laws of the State of Georgia. In all cases the order levying taxes shall be recorded in the minutes of meetings of the mayor and council, and shall specify for which of the purposes aforesaid it is levied, and how much for each purpose. Taxation. SEC. 16. Be it further enacted, That said mayor and council shall also have power to fix and collect a special license tax upon all kinds of business, calling, profession or occupation carried on within the corporate limits of said town; they shall have power Page 844 and authority to tax, license, regulate and control all show-houses, livery-stables, hacks, drays, and other vehicles leased for hire, vendue-masters, auctioneers, theatrical performances, shows, circuses, and exhibitions of all kinds making entrance charges, and all itinerant traders, except such as are excepted by laws of this State; also any person running a flying-jenny; they shall have power to fix penalties against any and all persons carrying on any of said occupations without having first obtained such license and paid the tax therefor. Licenses. SEC. 17. Be it further enacted, That said mayor and council shall have power to require every male inhabitant of 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 may 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 said work by paying a commutation tax, which said mayor and council shall fix by ordinance, and which shall not exceed three dollars for one year, said work to be done or such commutation tax to be paid at such times as said mayor and council may direct. Any person subject to work on said streets who shall fail to work, or to pay said tax after being properly notified, may be punished as may be prescribed by said mayor and council. Street work and tax. SEC. 18. Be it further enacted, That in all cases where any taxes, fines, commutation taxes, or license fees are not paid when due, the tax-collector of said town shall issue executions against the delinquents, which executions shall be directed to the marshal of said town and his deputies, and it is hereby made the right and duty of said marshal and his deputies to proceed to levy and collect all such fi. fas. as in case of fi. fas. issued for State and county taxes. Executions for taxes, etc. SEC. 19. Be it further enacted, That said mayor and council shall have no right or power to grant license to sell by retail or otherwise spirituous, vinous, malt or other intoxicating liquor in said town. They may by suitable ordinance punish any person selling such liquors in said town. Sale of liquors. SEC. 20. Be it further enacted, That the clerk of council shall open a book for registration of voters at his office on the first day of December in each year, which book shall be kept open until four o'clock p.m. of the first day of January thereafter, and then close. Registration of voters. SEC. 21. Be it further enacted, That the clerk of the council shall require all persons who may register to take the following oath, to be administered to him by the clerk: You do solemnly Page 845 swear that you have attained the age of twenty-one years, [Illegible Text] will attain it on or before the next election of mayor and council of the town of Mansfield; that you have resided in this State for one year last past, and in the town of Mansfield for the past six months, and that you have paid all taxes legally imposed and demanded of you by the authorities of the town of Mansfield; so help you God. Registration oath. SEC. 22. 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 lists at the council chamber at least five days before the election. Registration list. SEC. 23. Be it further enacted, That the clerk of the council shall also furnish the managers of said election of the town of Mansfield with a list of voters (being a copy of the registration lists up to the time of the final closing of the same), and the said managers shall allow no person to vote who has not registered. List of voters. SEC. 24. Be it further enacted, That said mayor and council shall have the right to supervise all tax returns, and when in their opinion any property is returned for less than its true value. they shall have the right to increase such return, and when such increase is made the clerk of the council shall notify the person making the return of said increase, whereupon such person may appear before the mayor and council at its next regular meeting thereafter and show cause, if he can, why such increase should not be made. Tax returns. SEC. 25. Be it further enacted, That it shall be lawful for the marshal, the deputy marshal, or any special policeman lawfully appointed to arrest without warrant all persons violating the laws and ordinances of said town of Mansfield against drunkenness, rioting, fighting, or other gross or immoral conduct, in the limits of said town, and to confine such person or persons so arrested in the town prison until a hearing can be had before the proper officer. Said marshal or policeman shall have the power and authority in making such arrests to call to his assistance the sheriff of the county, or his deputies, or any constable of said county, or any bystanders; and such persons, when so summoned, shall be bound to aid and assist said officers, and should they fail to do so, they shall be liable to indictment by the grand jury of said county, and upon conviction shall be subject to a fine of not less than one hundred dollars. Arrests. SEC. 26. Be it further enacted, That all persons owning or holding any property within the limits of said town on the first day of March in each year after the approval of this Act, shall Page 846 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. Tax returns, when made. SEC. 27. Be it further enacted, That all existing ordinances, rules, resolutions and regulations of said town shall be and remain of force and effect until modified, altered, or repealed by the mayor and council of the said town of Mansfield. Existing ordinances etc. SEC. 28. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. MARIETTA, CITY OF, WATERWORKS BONDS. No. 500. 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 city of Marietta, to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks 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 interest upon said bonds as well as the principal thereof, and for the purpose of creating the board of light and waterworks, and making them a body corporate, 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 from and after the passage of this Act the mayor and council of the city of Marietta, in Cobb county, are authorized and empowered to 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 eighty thousand dollars ($80,000), to be sold for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks for said city of Marietta. Said election shall be held in Page 847 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, city of, bonds for waterworks SEC. 2. Be it further enacted by the authority aforesaid, That if said election herein provided for be in favor of bonds for said purposes, 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 $80,000 in the aggregate. Said bonds shall be designated Waterworks bonds of the city of Marietta, and shall be in the sum of $1,000 each, numbered from one to eighty consecutively, and draw interest at the rate of five per cent. per annum, payable semi-annually 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 for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks for said city of Marietta, and no other purpose. Bonds, how issued and sold. 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 not to exceed one-fifth of one per cent. 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 the maturity thereof, and the tax 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. Taxation. 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. Elections. SEC. 5. Be it further enacted by the authority aforesaid, That for the purpose of this Act there shall be created the board of lights and waterworks, which is hereby declared and created a body corporate, with all the powers incident to and necessary to its duties and which has the right to sue and be sued and the Page 848 power to make all contracts and obligations necessary to the duties that devolve upon it, and which shall consist of the mayor of the city ex officio and the chairman of the committee of water and light from the council of the city of Marietta, and of the following citizens of Marietta: Robert W. Boone, John Awtrey and S. D. Rambo, who are named and who are hereby appointed water commissioners for the next eight years following the enactment of this law. Said board of lights and waterworks shall have charge of the creation, building, operation and supply of water for the city of Marietta, and to have all the powers now vested in the mayor and city council for this purpose. They shall make all contracts for the lights and water supply for the city of Marietta, shall have power to regulate the water and light rates in the city, and shall supply the people of said city with water at a fair and equitable rate. They shall have power to make any and all contracts with any other company supplying water to the city, and to do any and all things necessary to the carrying out of the objects of this bill. Said board of lights and waterworks shall take the proceeds of any bonds sold for the purpose of erecting a system of waterworks and build and erect such waterworks to the best advantage of the city, and to this end, if they think best and proper, can purchase and acquire any property now owned and operated by any other company. The clerk of the city council shall be ex-officio clerk of the board of lights and waterworks, with such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The said Boone, Awtrey and Rambo shall hold their office for the term of eight years, and at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the mayor and city council for the term of four years from the time of said election, and every four years thereafter commissioners shall be elected as herein provided as successors. Board of lights and waterworks incorporated. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 849 MARIETTA, CITY OF, CHARTER AMENDED. No. 673. An Act to amend an Act entitled An Act to create a new charter for the city of Marietta, in the county of Cobb, and to consolidate and declare the rights and powers of said corporation, and for other purposes, being No. 614 of the Acts of General Assembly of the State of Georgia, 1904, by striking section 2 of said Act and inserting in lieu thereof a new section, so as to extend the corporate limits of said city, and for other purposes. SECTION 1. Be it the 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 2 of said Act is hereby stricken, and in lieu of section 2 insert the following: Sec. 2. Be it further enacted, That the corporate limits of said city shall extend one mile in every direction from the center of the park in the public square, except that on the east side, where the limits shall be extended as follows: beginning in the middle of Roswell street on the line last described one mile from the center of the park in the public square and next running due east one-fourth mile; next due north and south at right angles one-quarter of a mile each way, so as to make said line one-half mile in length north and south, and thence by parallel lines due west to the circumference as described under the first provisions of this section. Marietta, city of, corporate limits. SEC. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. Page 850 MARSHALLVILLE, TOWN OF, INCORPORATED. No. 551. An Act to incorporate the town of Marshallville, in the county of Macon; to define its limits; to provide for a mayor and five councilmen, and other officers of said town; to prescribe their powers and duties; to provide for making of all laws, rules, regulations and ordinances for the proper government and control of said town, and the enforcement of its ordinances. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town of Marshallville, in the county of Macon, be, and the same is, hereby incorporated as a town under the name of the town of Marshallville. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the mayor and councilmen of the town of Marshallville they may sue and be sued, plead and be impleaded, and exercise all other corporate powers that may be necessary in performing their duty. Marshallville, town of, incorporated. SEC. 2. Be it further enacted by the authority of same, That the corporate limits of said town shall extend one mile in every direction from the center of the Southwestern Railroad crossing on Main street of said town of Marshallville. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That Geo. S. Haslam be, and he is, hereby appointed mayor, and J. W. Frederick, J. M. Summons, R. H. Richard, S. M. Timberlake and H. M. Hargrove be, and they are, hereby appointed councilmen of said town of Marshallville, to hold their office until the first annual election as hereinafter provided and their successors are qualified. Mayor and councilmen appointed. SEC. 4. Be it further enacted by the authority aforesaid, That an election shall be held in said town on the first Thursday in January, 1907, for a mayor and five councilmen. The mayor to be elected to serve for two years (his term of office to be for two years, and his election to be biennial thereafter), two councilmen to be elected for two years, and three councilmen for one year, and annually thereafter to fill the vacancies of those councilmen whose term of office have expired, said councilmen to be elected at said annual election for the term of two years 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 freeholder residents of said town, or under the supervision of Page 851 three freeholders, all of whom shall be residents. The polls shall be opened by nine o'clock a.m. and close at three o'clock p.m., standard time. No one shall be entitled to vote in said election or any municipal election in said town unless he is a duly registered voter of said town; said election to be conducted in all respects as elections for members of the General Assembly in said State, except that only two lists of voters and two tally-sheets need be kept, and except as hereinafter provided. Elections for mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That the clerk of said town shall be ex-officio registrar of said town, and shall open his book of registration thirty days before each regular or special election for the registration of the qualified voters of said town, which book or books shall be kept open from nine o'clock a.m. till five o'clock p.m. each and every day except Sundays and legal holidays, until five days before the election, when said book or books shall be fairly and absolutely closed. When applying for registration each and every person shall take and subscribe the following oath, which said clerk is hereby authorized to administer, to wit: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States; that you have resided in the State for the past twelve months, and in the county of Macon for the past six months; that you have paid all State and county taxes required of you since the adoption of the Constitution of 1877; that you have never been convicted of a felony or larceny; that you have resided in the corporate limits of the town of Marshallville for the past sixty days, and have paid all taxes legally required of you, and have considered this town your home for that length of time; so help you God. Any person who shall take said oath and swear falsely in so doing shall be guilty of false swearing and shall, on conviction therefor, be punished as prescribed by the statute in such case made. Said registrar shall furnish the superintendents of elections with at least one copy of said list alphabetically arranged before time for opening of the polls. No candidate for any town office shall be eligible as a superintendent or manager of said election. Registration of voters. SEC. 6. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of mayor or councilman who is not registered as a voter of said town; that the superintendent of such election shall declare the person receiving the highest number of votes for mayor and councilmen duly elected, and furnish a certificate to that effect, shall return one tally-sheet and list of voters with ballots under seal to the town clerk, and the other tally-sheet and list of voters to the ordinary of Macon Page 852 county. The persons so elected must present themselves at the council chamber on the first Tuesday in February thereafter and take an oath before the outgoing mayor, or any officer authorized to administer an oath, faithfully to discharge the duties of mayor or councilmen, as the case may be. Any one desiring to contest any election shall file a notice of contest with the ordinary of Macon county within three days after said election, setting forth all the grounds for contest, and upon a fee of ten dollars in advance the ordinary of Macon county shall cause a copy of said notice to be served by the sheriff or his deputy upon the contestees and give notice at the same time to both parties of the time and place of hearing. Not later than ten days from the date of service the ordinary of said court is authorized to hear and determine the contest (with the right of certiorari to the superior court), the cost to be paid by losing party. Eligibility to office. Results of elections, how declared. Contested elections. SEC. 7. Be it further enacted by the authority aforesaid, That in case of vacancy in the office of mayor, the councilmen shall elect one of their own number for the unexpired term, and in case of a vacancy in the board of councilmen, the remaining members shall elect a citizen of said town to fill such vacancy for the unexpired term. Vacancies. SEC. 8. Be it further enacted by the authority aforesaid, That should the mayor or any member of the board of councilmen be guilty of malpractice in office or any abuse of the powers confided to him, he shall be subject to indictment in the superior court of said county, and on conviction shall be suspended not exceeding sixty days, or pay a fine not exceeding one hundred dollars, which fine, after paying all court costs, shall be paid over to the treasurer of said town; either or both of said punishments may be imposed, in the discretion of the court. The mayor and councilmen for cause shall suspend, fine or remove from office, or suspend from pay and duty any officer of said town elected or appointed by them. Malpractice SEC. 9. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power at any regular meeting to elect a clerk, treasurer, marshal, policeman and such other officers as they may deem necessary to regulate the time, mode and manner of electing each and all of said officers, to fix their fees and salaries, take their bonds, and prescribe their power and duties. Officers. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor, or councilman acting mayor, shall be ex officio a justice of the peace, and shall have power and authority to issue warrants for the arrest of any person charged with the commission Page 853 of an offense against the laws of the State within the limits of said town, hear their testimony under oath as to guilt or innocence of the party accused, to commit to jail or the guard-house of said town, or to require bond with good and sufficient security (if the offense is a bailable one) for the appearance of the accused before any court authorized by law to try and determine the case. Mayor ex officio a justice of the peace. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to levy and collect a tax upon all and every species of property in said town, upon banking and insurance capital employed in said town; upon brokers and factors; upon each and every business calling, trade and profession carried on in said town; to tax all theatrical performances, shows and exhibition for gain; upon banks, insurance, telegraph, telephone and express agencies in said town, or of any profit in said town; to tax all itinerant traders or peddlers; all venders of patent medicines, drugs, books, nostrums or devices of any kind; all solicitors or canvassers selling goods, wares or merchandise by sample at retail or to consumers; all said taxes (except the tax on real or personal property, which shall be ad valorem and not exceeding one per cent. for ordinary current expenses), shall be in the nature of a license, which must be paid in advance of doing business or carrying on the trade or occupation, or canvassing or offering for sale any of the articles above set forth; and the said mayor and councilmen shall provide by ordinances for the punishment of all parties required to take out license, who do or attempt to do any business before taking out such license and complying fully with all requirements of said mayor and councilmen made with reference thereto. Taxation. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to establish a market or markets and regulate the same; to license and regulate all hotels, boarding-houses and restaurants; to prevent the erection and maintenance in said town of butcherpens, slaughterhouses, tanyards, blacksmith-shops, sawmills, woodworking-mills, gristmills, granaries, forges and chimneys, except by the provisions of said mayor and councilmen, and to cause the removal of any and all such establishments whenever they became dangerous to the health and welfare of the citizens, endanger the lives of property, or both, of others, or become nuisances; to cause all lots or premises to be thoroughly drained, and to this end may open ditches or drains at the expense of the owners thereof when they, after reasonable notice, fail to do so, said expenses to be collected as town taxes are collected; to license Page 854 and regulate drays, hacks, carts, wagons or other vehicles making a business of hauling for hire or gain, either directly or indirectly, any article or material of any kind within the limits of said town; to regulate, control and license all livery, feed and sale stables, pumps, wells, fire-engines, hose or engine companies; to regulate the running of trains within the corporate limits of said town; to require a license from all auctioneers, also to collect a commission on all goods sold at auction or on commission in said town, and to fix the amount of license, and to issue or withhold license as to them may seem best. Licenses. SEC. 13. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to open, lay out, curb, pave, and drain streets, alleys or lanes, or to widen, straighten or otherwise enlarge or improve streets, alleys or lanes in said town; to purchase, improve and beautify public squares or parks in said town, and to appropriate money for school purposes in such manner as they may deem best; and said mayor and councilmen shall have full power and authority to condemn private property for streets, lanes or alleys, and for laying sewers or water-pipes therein. They shall also have full power and authority to prevent any party from encroaching upon the streets, alleys or sidewalks or placing any obstructions in or on or over any street, alley or sidewalk, and to remove or cause to be removed any such encroachment whether buildings, porches, steps, signs, or whatever it may be already erected, and to prevent and abate any nuisance on the premises of any person in said town or upon any street, alley or sidewalk. Streets, etc. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to prescribe fire limits in said town, and to prescribe the plan of building and the kind of material to be used in the building of houses within said fire limits. Fire limits. SEC. 15. Be it further enacted by the power and authority aforesaid, That said mayor and councilmen shall have full power and authority to prevent mules, horses, cattle, hogs, sheep, goats, dogs and fowls from running at large in said town or any portion thereof, and to prevent and prohibit the keeping of hogs in the city limits or regulate the manner in which they must be kept if allowed to remain; shall have full authority to take up and impound any such animal or fowl, and to remove hogs from town, and to punish all owners of such animals who refuse to obey any ordinance passed by said mayor and councilmen to carry their authority into effect. Animals. SEC. 16. Be it further enacted by the authority aforesaid, That Page 855 said mayor and councilmen are hereby authorized and empowered to pass all such ordinances, rules and regulations as may seem to them necessary and proper to prevent the maintenance of any house of ill-fame, assignation or prostitution within said city, and to punish for any violation of any of such ordinances, rules or regulations by fines or imprisonment or work on the public works or streets, removal or exclusion from said town. Any one or more-or all of said punishments may be included in one sentence. Houses of ill-fame. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to establish and regulate a city police, and that a chief of police and such other officers and members of the police force as may seem to them necessary. The marshal of said town and any members of said police force shall have power to arrest any person acting in a disorderly manner or disturbing the peace and good order of said town, or committing or attempting to commit any crime in said town, or suspicious characters, and take the party so arrested before the mayor or other officer authorized to issue warrants or accept bail for examination or trial as soon as practicable. Police. SEC. 18. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues for the support and maintenance of said town government said mayor and council shall have full power and authority, and shall provide by ordinance for assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said town (not exceeding one per cent. thereon) except for extraordinary purposes. Ad valorem tax. SEC. 19. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power to elect, at the same time the other city officers are elected, three persons, freeholders, residents of said town, as assessors, who shall hold their office for one year, unless removed by the mayor and council for cause to be judged of by them. It shall be the duty of the assessor to assess the value of the real estate within the corporate limits of said town. Said assessors shall make returns to said mayor and council, and the said mayor and council shall place such assessment so returned in the hands of the clerk, who shall enter the same on his digest with other taxes, and the same shall be collected as other taxes of the town; provided, that if any taxpayer is dissatisfied with said assessment of assessors, he or she may appeal to the mayor and council for a correction of said assessment Page 856 fifteen days after the assessor's returns have been completed and handed in as provided for in this charter, and the judgment of the mayor and council shall be final as to the assessment. Tax-assessors. SEC. 20. The said assessors, before they enter on the discharge of their duties, shall take and subscribe an oath before the mayor faithfully and truly to assess all the real estate within the corporate limits of said town, and to return such assessment to the mayor and council thereof with the names of the owners thereof, and shall receive for their services such sums each as the mayor and council shall order. When said tax-assessment and correction, if any, are completed and entered on digest by the clerk, he shall turn over the books for that year to the treasurer of the town, who shall be ex-officio tax-collector, who shall proceed to collect the taxes as assessed. The treasurer shall report to the mayor and council all taxes not collected when the books for any year have been closed, and the mayor and the council shall order the said ex-officio tax-collector to issue executions against all persons who failed to pay by the time fixed for issuing executions, which executions shall be a lien second only to the lien for State and county taxes on all property owned by the defaulting taxpayers. The executions shall be turned over to the marshal of said town, who shall proceed to collect them in the same way as executions for the State and county are collected, and shall levy, advertise and sell property subject to such executions under the law governing sheriffs in levying, advertising and selling property under executions for State and county taxes. The deed of the marshal of said town to any property sold under any such execution shall pass the title to said property to the purchaser as completely and absolutely as the deed of such defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes be allowed to redeem the same by paying to the purchaser at any time within twelve months from the date of the sale the full amount of his bid, with ten per cent. premium thereon; provided further, that this section shall not go into effect until said mayor shall declare by ordinance regularly passed. Assessments. SEC. 21. Be it further enacted by authority aforesaid, That the mayor of said town shall hold a police court as often as may be necessary for the trial of the offenders against the by-laws, ordinances, rules and regulations of said town, and may, when presiding in said court punish any person convicted of violating any by-laws, ordinances, rules or regulations of said town, by sentencing any offenders to pay a fine not exceeding fifty dollars, or to imprisonment in the guard-house of said town, or the common Page 857 jail of said county for any time not exceeding thirty days, or to work on the streets or public works of said town for any time not exceeding thirty days, or may impose any one or more of these punishments for the same offense. Said court may enforce its judgment by imprisonment in the guard-house or common jail of the county, or work on the streets or public walks. When presiding in said court the mayor shall have power to punish for contempt of court any person disturbing said court, refusing to obey its mandates, or in any way guilty of contempt thereof by a fine not to exceed twenty-five dollars for each act of contempt, or commit to the guard-house of said town or to the jail of said county for any time not longer than ten days. In the absence, sickness or disqualification of the mayor, the mayor pro tem., or in the absence of both, any members of the council shall have and may exercise all the powers conferred by this charter upon the mayor. The marshal and clerk shall be the officers of said court and shall have for their attendance and services on said court such fines as may be fixed by the mayor and councilmen, which fees shall be collected as part of the penalty in all cases of conviction. Any person charged with the violation of the ordinances, rules or regulations of said town shall, unless the offense is of such nature as to require the arrest and confinement of the party, be served by the marshal or any policeman of said town, with the copy of a summons signed by the marshal or policeman, as the case may be, and bearing test in the name of the mayor or mayor pro tem., setting out in a plain summary way the nature of the offense charged and the time when and the place where the party is requested to appear and stand a trial. Any party under bond or who has been previously summoned who shall fail to appear at the time and place named for trial, shall be liable to arrest and imprisonment and the court may declare the bond forfeited, giving written notice to the securities thereon that unless they produce their principal within one week judgment will be entered up against them for the amount of said bond, and execution issued against said principal and securities for the amount of said judgment and costs. Nothing herein contained shall be construed to prevent the arrest without warrant or summons of any person when it is necessary to preserve the peace, good order and security of said town or to prevent the commission of a crime. Police court. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to compel all male residents in said town between the ages of sixteen Page 858 and fifty to work the streets of said town, at such time as in their opinion it is needful, for such time not exceeding fifteen days in each year, or to pay such a sum of money not to exceed five dollars in any one year as commutation for such work and in lieu thereof, and the said mayor and council may make all ordinances necessary to carry this power into effect and to punish by fine not exceeding twenty-five dollars, or work on the streets thirty days, any and all persons subject to road duty who refuse to work or pay the commutation. Thirty days' continuous residence in the corporate limits of said town shall be sufficient to constitute one a resident of said town so as to subject him to liability to do street work. Street work and tax. SEC. 23. Be it further enacted by authority aforesaid, That said mayor and councilmen may appoint a board of health, consisting of not less than three members, one of whom shall be elected president by the members of said board, and be a reputable physician in regular practice in said town. Said board of health shall be charged with the duty of looking after the sanitation of the town, and shall prescribe rules and regulations for keeping the town in as good sanitary condition as possible. The rules and regulations adopted by said board shall be submitted to said mayor and councilmen, and when approved by them shall be binding over all citizens and shall be enforced in the same manner as the ordinances, and any violation thereof shall subject the offender to arraignment before the mayor and punishment on conviction by fine, imprisonment or work on the streets, as in the case of other violation of the town ordinances. The mayor and council shall decide when it is necessary to establish quarantine against any place or district in order to guard against the introduction of any contagious or infectious disease and against what points or what territory quarantine shall be enforced, and the quarantine regulations, when enacted by the mayor and councilmen, shall be binding and may be enforced against all parties coming into or passing through said town; and any person or persons seeking to enter said town who can not show a proper health certificate, and other proofs required by said regulation, may be compelled to comply with all quarantine regulations, and be punished for any violation thereof by fine not exceeding fifty dollars, imprisonment under guard at the quarantine station for any time not exceeding thirty days, or both. An inspector appointed for that purpose by the mayor and council shall visit the premises of every citizen of said town for the purpose of ascertaining whether said premises are in good sanitary condition or not, and when the owner or occupant of any Page 859 house or lot refuses or neglects to keep the same in good condition, the mayor and council may have the same done at the expense of said owner or occupant, or both, said expenses to be collected as taxes are collected. Board of health, duties and powers. Quarantine SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to make, ordain and enforce all such by-laws, rules and regulations as may appear to them necessary and proper for the security, welfare and interest of said town of Marshallville. General welfare. SEC. 25. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. MILAN, TOWN OF, INCORPORATED. No. 564. An Act to incorporate the town of Milan, in the counties of Telfair and Dodge; to define its limits; to provide for a mayor and council of said town, and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance for the government of said town, 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 from and after the passage of this Act, the inhabitants of the territory and all the territory embraced within the limits of one-half of a mile in every direction from a point where the Seaboard Air Line Railway depot now stands, at the place now called Milan, and the same is hereby incorporated under the name and style of the town of Milan. Milan, 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 five 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, and said municipal government shall be styled the town of Milan, 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 or possess, sell and convey for the use of said town any real or Page 860 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 where they have been fixed. Mayor and councilmen 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 places within said limits at least ten days before the day named in said election notice as the day for holding such elections 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 the 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 vacancies of mayor and councilmen by an election held by them for such purposes 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 Milan, 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 in and for said town shall be three freeholders, all to be residents of said town, or a justice of the peace of the counties of Telfair and Dodge, and to 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 of the town 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 Page 861 signed by each manager in the capacity in which he acts; said oath may be administered by any person in Telfair or Dodge county authorized by law to administer oaths, or, if no such officer can be conveniently had, such managers may each take and subscribe to said oath in the presence of each other. Voting precinct. Election managers. 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 eight o'clock a. m. until three o'clock p. m., when the polls shall be closed, and the managers of all elections 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 thirty 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; results, how declared. SEC. 6. Be it further enacted by the authority aforesaid, That all persons residing in the town of Milan 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 streets of said town, and have resided in town six months just prior to the day of election, shall be considered electors, and entitled to vote in said town elections, and no other 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: 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 Milan, and that I will support the Constitution and laws of the State of Georgia and of the Constitution and laws of the United States; so help me God. Oath of mayor and councilmen SEC. 8. 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, 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 for his first term, and the salaries of such mayor and council shall thereafter be annually fixed by the mayor and council of said town, but the salaries of said officers shall not be increased or decreased Page 862 during their term of office; 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 is necessary and usual in such cases, and prescribe an oath of office to be administered to them before entering upon 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 and 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 a fine of not exceeding five dollars, or, in default of such payment, by imprisonment in the calaboose of said town not exceeding five hours. In the absence of both, or the 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 the mayor of said town in the trial of cases. Mayor's court. SEC. 11. Be it 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 pay a fine of not exceeding one hundred dollars ($100.00), or in default of payment of same to labor on the streets of said town or any other public work in said town for a period not exceeding thitry days, or to impose a fine not to exceed one hundred dollars ($100.00), or in default of payment of such fine may, in his discretion, sentence such offender to not exceeding thirty days' imprisonment in the guardhouse of said town; provided, that all persons sentenced to work in said town shall when not at such work be confined in the guardhouse of said town. Penalties. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the 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, sheep, goats, hogs or other Page 863 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; they may prohibit any encroachment thereon or interference therewith, and they shall have power to locate all cemeteries; they shall have the power to lay off and open new streets and alleys, and straighten any streets and alleys in said town, and for these and other 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 the United States, to prohibit the storage or keeping for any illegal purpose within the incorporated limits of said town any wines, beer, malt, alcoholic or intoxicating drinks of any kind or nature, and to punish any person for violating such ordinances as they deem best. Intoxicants 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 thirty days, and is within the ages of from sixteen to fifty years, to work such length of time on said streets of said town as said mayor and council shall direct, not to exceed ten days for any one year; said person 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 four dollars per annum, to be fixed by ordinances, said work to be done and commutation tax to be paid at such time 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 the ordinances. Street work and tax. SEC. 16. Be it further enacted by the authority aforesaid, That in all cases where any taxes, fines, forfeitures, commutation 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 Page 864 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 ten 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 the county in which said land liesTelfair or Dodge, as the case may beand said property shall be by said sheriff advertised and sold in the manner that all sheriff's sales are made, and the proceeds of such sale applied to the satisfaction of such fi. fa. as provided by law. Executions for taxes, 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 one hundred dollars 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, volume 1 of the Code of 1895 of the State of Georgia. Said property to be assessed at its value on the first day of April of each year; provided, however, the taxpayers shall first have the right to give in their taxes 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 their 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 precribe at all such meetings; the mayor, if present, shall preside, and he may vote on all questions, four votes being necessary in all cases to carry any question or to elect any officer by said body, a less number in the absence of a quorum to adjourn the meeting over to a future time. Meetings of council. SEC. 19. Be it further enacted by 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 Page 865 status of the 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 power of a justice of the peace to 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. Executive powers of mayor. 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 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 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 a party or parties so charged shall be required to answer to the same without any 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 shall 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 future time why said bond should not be absolutely forfeited, and judgment entered against them for the full amount of the bond, and cost; a copy of said order shall be served on said principal and security, and by the town marshal or his deputy at least ten days before the day fixed for the trial of said case, and if the defendant fail to 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 cost and fi. fa. issued and collected in the same manner that other fi. fas. are collected in said town; provided, that no bond for Page 866 violating ordinance of said town shall be required of more than one hundred dollars ($100.00) for one and each 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 limits of said town, and to that end they shall swear out warrants, or cause the thing 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 the justice of the peace; it shall be the duty of the marshals of said town to keep ordinance in said town, to serve all orders and execute all judgments of the mayor's court, and to 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 ordinances 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-collector and justice 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 ordinances. 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 the true and correct record of all sums of money come 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 claims 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. Disbursements, how made. 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 sentence to work in said chain-gang; and the mayor and council Page 867 are empowered to pass all necessary rules and laws for the regulation of the same not in conflict with the laws of Georgia. Chain-gang. 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 four times a year, to wit, in the spring, in the summer, in the fall and in the winter, and make a report at each time as to the sanitary condition of the town, with a recommendation 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 members of 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. Approved August 21, 1906. MILLEN, TOWN OF, CHARTER REPEALED. No. 575. An Act to repeal an Act entitled An Act to incorporate the town of Millen, approved September 30, 1881. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved September 30, 1881, incorporating the town of Millen, in the counties of Burke and Screven, in the State of Georgia, be, and the same is, hereby repealed. Millen, town of, charter repealed. SEC. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 868 MILLEN, CITY OF, INCORPORATED. No. 578. An Act to incorporate the city of Millen, in the county of Jenkins and State of Georgia, and to prescribe the limits; to provide for a mayor and councilmen and other 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 Millen shall be good and valid for and against the city of Millen, and that all property held and owned by the town of Millen prior to the abolition of its charter shall become the right and property of the city of Millen; to provide for the election and maintenance of a waterworks system and electric light and gas plant, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory embraced within the limits of three-quarters of a mile in every direction from the center of the courthouse lot in Millen, Jenkins county, State of Georgia, the same being bounded on the north by Lewis street, on the east by Harvey street, on the south by Winthrop street and on the west by Cleveland street, said lot containing two acres, more or less, be incorporated under the name and style of the city of Millen, and said city of Millen is hereby incorporated, and by that name and style shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State; shall be capable in law or in equity to purchase, have and hold, receive and enjoy, possess and retain, for corporate purposes, any estate or estates, real or personal, of whatever kind or nature, within or without the jurisdictional limits of the city of Millen, and may sell or otherwise dispose of same for the use and benefit of said city, as the city council may see fit and proper; the mayor of said city, by direction of the city council, making deed to any property sold or disposed of by said city. Millen, city of, incorporated. SEC. 2. Be it enacted by the authority aforesaid, That the municipal government of the city of Millen shall be vested in a mayor and five councilmen, who shall be elected in the manner Page 869 hereinafter set out, and who shall comprise the mayor and city council of Millen. Mayor and councilmen SEC. 3. Be it enacted by the authority aforesaid, That an election shall be held at the courthouse, in the city of Millen, on the first Thursday in January, 1907, and each year thereafter, for mayor and five councilmen, who shall serve for one year from the time of their installation and until their successors are elected and qualified. Elections for mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That all elections shall be superintended and managed by a justice of the peace, or some other judicial officer and two freeholders, residents of said city, who, before entering upon their duties as managers of said elections shall subscribe the following oath: All, and each of us, whether justice of the peace or other judicial officer, or freeholders residing in the city of Millen, do swear that we will faithfully superintend this day's election; that we will make a just and true return thereof, and will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the law of the city of Millen; nor will we knowingly prohibit any one from voting who is by law entitled to vote; so help us God; said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the county of Jenkins authorized by law to administer oaths, or, if no such person can be conveniently had, said managers may administer the oath one to the other. Said managers shall keep two lists of voters and two tally-sheets of said election. Said managers shall be appointed by the mayor then in office, or in his absence by the mayor pro tem, then in office, at least five days before the election, and notice thereof given to the persons appointed; and if any one or more of said persons so appointed fail to appear and serve at the time for the opening of the polls on the day of the election, the vacancy or vacancies may be filled instanter, and the necessary number of managers appointed by the mayor then in office, or in his absence by the mayor pro tem., or in the absence of both, by any councilman then in office. The managers of such election shall receive such compensation as may be fixed by the city council of said city, not exceeding two dollars per day each. Managers of elections. SEC. 5. Be it further enacted by the authority aforesaid, That the polls at the elections held in and for said city shall be open from eight o'clock a. m. to five o'clock p. m., when they shall be closed and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and declare the result of same. Said managers shall make certificate Page 870 of the result on each of the two tally-sheets kept by them, and shall place one of the two lists of voters to be kept by them and one of the said tally-sheets, together with the ballots, in an envelope or box, and seal the same and deposit it with the clerk of the superior court of Jenkins county. The other list of voters and other tally-sheet they shall file with the clerk of the city for delivery to, and inspection by, the said city council, who shall meet within five days after said election is held and declare the result of same, which said declaration of the result of the election shall, by the clerk of the city council, be entered of record on their book of minutes. The clerk of the superior court and the clerk of the said city council, after the expiration of thirty days from the time of said election, shall destroy said ballots and lists of voters without inspection; provided, no notice of contest be filed, in which case they shall preserve the same until said contest be finally determined. Elections, how held. SEC. 6. Be it further enacted by the authority aforesaid, That all persons who shall have paid all taxes legally imposed and demanded by the city authorities, except taxes for the year in which the election is held, and who have been bona-fide residents in said city for six months previous to the time when the election is held, and who are qualified to vote in the county of Jenkins for members of the General Assembly of Georgia, shall be considered electors and be entitled to vote in said city elections, and no others shall be qualified to vote. Electors. SEC. 7. Be it enacted by the authority aforesaid, That if any person shall vote in any city election in said city who is not legally entitled to vote under the laws of said city, he shall be guilty of a misdemeanor, and shall be punished as prescribed in section 1039 of the Penal Code of the State of Georgia of 1895, upon conviction after indictment or presentment of the grand jury of Jenkins county. Illegal voting. SEC. 8. Be it further enacted by the authority aforesaid, That the term of office of mayor and councilmen shall be one year from the time of their election and qualification, and until their successors are elected and qualified. On the day of the first regular council meeting each year after their election, the mayor and councilmen-elect shall meet in the city hall or council chamber, or in whatever place they shall select, and there severally take before some officer authorized to administer oaths under the laws of this State, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be,) of the city of Millen for the ensuing term, and that I will faithfully enforce the charter and Page 871 ordinances of said city to the best of my skill and knowledge; so help me God. Should the mayor or any councilman be absent from said meeting, he shall take the above oath of office as soon as possible thereafter. Oath of mayor and councilmen SEC. 9. Be it further enacted by the authority aforesaid, That the present officers of the town of Millen, to wit: S. W. Palmer, mayor; H. W. Parker, R. G. Daniel, J. M. Edenfield, H. Q. Bell and S. C. Parker, councilmen, and C. V. Deloach, recorder, be, and they are, hereby declared and appointed lawful officers of the city of Millen under this charter until the election and qualification of their successors, as provided in this charter. Mayor and councilmen appointed. SEC. 10. Be it enacted by the authority aforesaid, That should any contest arise over the result of any election for mayor and councilmen of said city, it shall be determined as follows: The contestant or contestants shall, within five days from the date of said election, by petition to the superior court of Jenkins county, plainly, fully and distinctly set out his or their grounds for contest, and the name or names of the person or persons whose election is contested, and file said petition in the office of the clerk of the superior court of Jenkins county. Immediately upon the filing of said petition the clerk of said court shall transmit a copy thereof to the judge of the superior court of Jenkins county, and shall furnish the contestees as set out therein each with a copy of said petition. Upon the receipt of the copy of said petition the said judge shall fix a time and place of hearing and endorse same on said copy; provided, that the time of hearing shall not be more than fifty nor less than thirty days from the date of his order, and may be at the session of the superior court of said county, or in vacation. All parties shall receive from said clerk ten days' notice of the time and place when said judge shall proceed to hear and determine said contest, and all the issues of law and fact submitted therein, and render final judgment in the premises. Contested elections. SEC. 11. Be it further enacted by the authority aforesaid, That in the event that notice of contest is filed as provided in the previous section, the mayor and councilmen of said city then in office shall continue to perform their duties as such officers until said contest be settled and determined, and until their successors are legally elected and qualified. Government pending contest. SEC. 12. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor, caused by death, resignation, failure to elect, removal from the city or otherwise, said vacancy shall be filled by the city council of said city, who shall proceed at once to elect a mayor for the unexpired term, it being Page 872 declared lawful and competent for said city council to elect one of their own members should they see fit. And in case of a vacancy in the office of councilman, caused by death, failure to elect, resignation, removal from the city or otherwise, the vacancy shall be filled by the remaining members of the city council, who shall proceed at once to elect a councilman to fill the unexpired term. Said mayor or councilmen thus elected shall, before entering upon the duties of their respective offices, take the oath of office hereinbefore prescribed. Vacancies. SEC. 13. Be it enacted by the authority aforesaid, That should the mayor or any councilman fail or refuse to perform the duties of his office for two consecutive months, or be guilty of any misconduct in the performance of his official duties, the office or offices may, in the sound discretion of the remaining members of the council, be declared vacant, and the vacancies filled as provided in section twelve of this Act; provided, however, that this power to declare said offices vacant shall not be exercised until the party whose office is affected shall have reasonable notice, not less than ten days, of the intention of said city council to investigate his conduct with a view of declaring his office vacant, which notice shall be in writing and specify the time and place of hearing; and said party affected shall have the right to be present at said hearing, to have compulsory process to compel the attendance of such witnesses as he may wish to have subp[oelig]naed in his behalf, and to be represented by counsel. Vacancies. SEC. 14. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor of said city who has not been a resident thereof for one year or more continuously preceding his election, and who is not a qualified elector to vote in the city elections of said city. Nor shall any person be eligible to the office of councilman of said city who is not eligible to the office of mayor. Should the mayor or any councilman remove beyond the limits of said city during his term of office, his office shall thereby become vacant. Eligibility to office. SEC. 15. Be it further enacted by the authority aforesaid, That the city council of said city shall be presided over at its meetings by the mayor, or in his absence by the mayor pro tem., and a majority of the council shall be necessary to form a quorum for the transaction of business. The said council shall cause to be kept in a well-bound book an accurate record of all of its proceedings, by-laws, acts, orders, ordinances and resolutions, which book shall be fully indexed and open to the inspection of any one who is required to pay taxes in said city. Said council shall hold monthly, semi-monthly or weekly sessions, as they may determine, Page 873 and the mayor or mayor pro tem. may call such other and additional meetings as emergencies may, in his discretion, require. At each meeting of the city council the proceedings of the last meeting shall be read, corrected if erroneous, and signed and approved as correct by the presiding officer for the time being. Upon the call of any member the yeas and nays on any question shall be taken and recorded on the book of minutes. Meetings of council. SEC. 16. Be it further enacted by the authority aforesaid, That the city council of said city shall have power and authority to enact such ordinances from time to time as they may deem necesary to enforce the provisions of this charter; but no ordinance or other measure shall be passed unless it receives the vote of three councilmen, if there be a full board of five present; or in the event a full board of five councilmen are not present, no ordinance or other measure shall be passed unless it receives the votes of three councilmen; provided, however, that in case of a tie the mayor shall have the right to vote, and any ordinance or other measure in such cases receiving the votes of two councilmen shall be passed and held of full force and effect. In no case shall the mayor have the right to vote upon any ordinance or measure, except in case of a tie; but it shall be his duty to vote in all cases where a tie arises, whether with a full vote of five present or not, and such vote, when cast, shall count as the vote of a councilman in determining whether any ordinance has received the three votes necessary to pass. In the event a councilman shall be disqualified from voting in accordance with the disqualification prescribed by law of this State, or shall refuse to vote, a note of said refusal or disqualification shall be made upon the book of the minutes, and the remaining members of the council shall proceed to vote and act as if said councilman was absent. It shall be optional, but not compulsory, for said city council to have posted any measure, ordinance or resolution, at such places in the city as they may direct, for the information of the public, or they may have same published in any newspaper in said city, but a failure to so post or publish any ordinance, measure or resolution shall in nowise operate to render same void. Legislative powers. SEC. 17. Be it further enacted by the authority aforesaid, That said city council of said city shall have the power to elect one or more policemen, one of whom shall be chief of police, a clerk, treasurer, attorney, assessors and such other officers as the necessities of the city may demand; and whenever they deem it expedient they may elect one person to fill several offices. The terms of office of said officers shall be for one year, and until their Page 874 successors are elected and qualified. The mayor and councilmen, or mayor pro tem. and councilmen may appoint such extra policemen as may be necessary from time to time, and said extra policemen shall receive such compensation as may be fixed by the city council. Any of said officers may be dismissed from office at any time by a majority of the vote of the city council, and all of them shall take an oath to faithfully perform the duties of their respective offices, and give such bond and security as may be required by said city council. Officers. SEC. 18. Be it further enacted by the authority aforesaid, That the city council shall, at their first meeting after election and qualification, elect one of their members as mayor pro tem., who shall, in the absence or disqualification of the mayor, be the presiding officer of the city council, and shall be allowed to vote on all questions that the mayor could vote upon, 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 be unable to act. Mayor pro tem. SEC. 19. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of clerk, attorney or assessor who has not been a bona-fide resident of said city for one year or more continuously next preceding his election, and who is not a qualified elector to vote in the city elections of said city. Should any one of these officers remove during his term of office from the limits of the city, his office shall thereby become vacant. Eligibility to office. SEC. 20. Be it enacted by the authority aforesaid, That the clerk of the city council of said city shall be ex-officio treasurer of said city, his duties to be prescribed by the city council. He shall be required to give such bond and security as the city council may fix, conditioned for his faithful performance of his duties as treasurer of said city; provided, however, that should the city council see fit they may separate the offices of clerk and treasurer and elect a treasurer of said city, prescribe his duties, fix his salary and require of him such bond and security as they deem proper. Clerk to council. SEC. 21. Be it enacted by the authority aforesaid, That said city council shall at their first regular meeting in February of each year elect three upright, intelligent and discreet persons, who shall be freeholders and residents of said city, as city tax-assessors, who shall hold office for one year and until their successors Page 875 are elected and qualified, and whose compensation shall be fixed by said city council. It shall be the duty of said tax-assessors to assess the taxable real estate of said city, and receive the returns of personal property under oath of the taxpayer, and perform such other service as the said city council may by ordinance require to be performed in connection with said office. It shall be the duty of said tax-assessors to place a just, fair and equitable valuation on all real estate within the incorporate limits of said city, and when an owner of personal property fails to return same for taxation, it shall be the duty of said tax-assessors to place a just, fair and equitable valuation on same, and to double said valuation and enter a note of said double valuation for the information of the clerk. The tax-assessors shall give notice by publication in the official gazette of Jenkins county once a week for two weeks of the time when they will begin receiving tax returns, and the time when the books for receiving same will be closed, which said times shall be fixed by the city council. In no event shall the books for receiving same be kept open for less than fifteen days. Should any vacancy occur on the board of assessors by death, resignation, refusal to perform the duties of the office, removal therefrom or otherwise, such vacancy shall be immediately filled by the city council. Before entering upon the duties of the office each of said assessors shall take and subscribe before some officer authorized to administer oaths by the laws of this State the following oath of office: I do solemnly swear that I will faithfully perform the duties of the office of tax-assessor of the city of Millen, and will make a just and true valuation of all property subject to taxation in said city, according to its actual market value; so help me God. Two of said assessors shall constitute a quorum for the transaction of business, and any one of said assesors may administer the oath to be made by a taxpayer in the return of personal property for taxation. Tax assessors. SEC. 22. Be it enacted by the authority aforesaid, That said assessors may have during the progress of their investigations such evidence as to the value of any property in said city as they may deem advisable; and if, after the publication of the notice of their intention to receive tax returns and assess property, as provided for in section 21 of this Act, any taxpayer gives notice to said assessors in writing that he or she desires to submit evidence relating to the value of his or her property liable to assessment, it shall be the duty of said assessors to appoint a time and place to hear such evidence, and hear same before assessing said property; provided, the taxpayer is present and submits evidence at the time and place appointed; but if he or she Page 876 be not present either personally or by agent or attorney, said assessors shall proceed to assess the value of said property with or without hearing evidence as they may determine. If any person be dissatisfied with the valuation of his or her property as fixed by the assessors, he or she shall have the right to appeal to the city council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereinafter provided for has been mailed by the clerk. Upon filing said appeal with the clerk of said city council, it shall be the duty of the mayor to fix a day upon which a hearing shall be had and give the appellant three days' notice in writing of said hearing. Notice to the agent or attorney at law or in fact shall be sufficient. At said hearing the said city council shall hear all legal and competent evidence, pass upon same and render their decision accordingly, and from this decision there shall be no appeal. Assessments. SEC. 23. Be it further enacted by the authority aforesaid, That in the event the said assessors are not satisfied with the return of personal property for taxation made by a taxpayer, they shall transmit said return to the city council, noting thereon or annexing thereto the grounds of their dissatisfaction, and upon the filing of this return with the clerk it shall be the duty of the mayor to notify the taxpayer that his return of personal property for taxation has been excepted to by the assessors, and fix a day upon which a hearing will be had; said notice shall be in writing, and shall be given at least three days before the time of said hearing. Notice to the agent or attorney at law or in fact of said taxpayer shall be sufficient. At said hearing said city council shall hear all legal and competent evidence, and render their decision assessing and fixing the valuation of said personal property, and from their decision there shall be no appeal. Returns of personal property. SEC. 24. Be it further enacted by the authority aforesaid, That immediately after the city assessors have finished assessing the value of the taxable real estate of said city and receiving the returns of personal property, they shall file a report of their actions with the clerk of the city council, and immediately after said report is filed it shall be the duty of said clerk to mail a written or printed notice to every taxpayer, setting out the valuation of his taxable real estate in said city as assessed by the city assessors, specifying as near as practicable the valuation assessed for each tract, lot or parcel of land. All the returns of personal property under oath shall, as fast as made, be by said assessors transmitted to said city clerk, and it shall be the duty of said clerk to prepare a tax-digest, which shall contain the valuation of the taxable property, both real and personal, as the same has been Page 877 determined under the provisions of this charter, noting upon said digest the property double taxed. The city council may, by ordinance, fix the time when said digest is to be completed by the clerk, and said city council may, upon proper cause shown, relieve any taxpayer of double taxation entered against him. Reports of ssessors. SEC. 25. Be it enacted by the authority aforesaid, That the mayor of said city shall see that all laws, ordinances and resolutions of said city are faithfully enforced and executed, and that all officers of said city shall faithfully dicharge the duties required of them; he shall have general jurisdiction and supervision of the affairs of the city; he may exercise within the city the power conferred upon constables and sheriffs to suppress disorder and keep the peace; he shall have the power, when necessary, to call on every male inhabitant of the city over eighteen years of age to aid in suppressing riot or disorderly assemblages of any kind, or to aid in enforcing the laws and ordinances of said city; he shall have the authority to inspect the books and papers of any agent or employee or officer of said city; he shall, from time to time, and especially at the end of each official year, give the city council information relative to the affairs of said city, and shall recommend for the consideration of the council such measures as he may deem fit. Executive powers of mayor. SEC. 26. Be it enacted by the authority aforesaid, That the mayor or in his absence or disqualification, the mayor pro tem., or in the case of the absence or disqualification of both the mayor and the mayor pro tem., any member of the council may hold a court, to be called the mayor's court, for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and to punish for contempt. The punishment for any violation of a city law or ordinance, when not otherwise provided in this Act, or for contempt shall be a fine not exceeding two hundred dollars, imprisonment in the city guardhouse or in the county jail, by permission of the county authorities, for a period not exceeding ninety days, work on the street chain-gang or such other places where the offender may be lawfully placed at work under this charter, for a period not exceeding ninety days; one or more or all of these punishments at the discretion of the trial court. Any person convicted before said mayor's court for any violation of the laws or ordinances of said city may enter an appeal from the judgment of said court to the city council; provided, the appeal be entered instanter and bond for his Page 878 appearance to abide the decision of the city council be given; said bond to be approved by the chief of police. At the trial of such appeal the mayor, mayor pro tem. or any member of the city council may preside, and it shall require three votes of the council to reverse the judgment of the court from which the appeal is made. In the event such sentence or judgment is reversed, the said city council may proceed to either acquit the offender or impose such sentence as they may see proper, consistent with the provisions of this charter, and in the event such sentence is affirmed there shall be no need to pronounce a new sentence upon the offender, but the original sentence shall at once be enforced, unless suspended in accordance with the law governing certiorari from the county courts of this State, as set forth in the Code of the State of Georgia, the right of certiorari in accordance with said law being hereby given. Mayor court. SEC. 27. Be it further enacted by the authority aforesaid, That the said city council shall have the right and authority to establish a chain-gang in said city, provide for the confinement of the prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; employ guards and convict bosses, and generally to provide for the proper government and control of said convicts. The city council shall have the right to lease or hire such convicts as may be confined in the chain-gang of said city to the county authorities of Jenkins county, or to any adjoining county, and shall have the right to make such charge for the hire of such convicts as may be agreed upon; provided, however, that said convicts shall be provided for by said county authorities in the same manner as the county convicts of said county are kept and provided for. Chain-gang SEC. 28. Be it enacted by the authority aforesaid, That the mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed within the limits of the city of Millen offenses against any penal law of the State, and to take the examination of such person, and the same to discharge or commit to prison or let to bail, according to law, to answer such charge before the court having jurisdiction, in the same manner as justices of the peace of the several counties of the State, now or hereafter may have by law, all of which warrants shall be addressed to the chief of police of Millen, Georgia, or any lawful policemen thereof, and to all and singular the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the Page 879 same authority to execute said warrants as the sheriffs of this State have to execute criminal warrants. Warrants for arrests. SEC. 29. Be it further enacted by the authority aforesaid, That if, on the trial of any person before the mayor, mayor pro tem. or city council for violation of any ordinance or law of the city, it shall appear that such person is probably guilty of an offense against the penal laws of the State, it shall be the duty of the court trying such person to commit such person to prison, or let to bail, to answer before the court having jurisdiction of the same for the offense committed. Commitment or bail. SEC. 30. Be it further enacted by the authority aforesaid, That it shall be lawful for the chief of police of said city, or any regular or special policeman thereof, to arrest without warrant any and all persons within the corporate limits of said city who are at the time of said arrest, or who before that time, have been guilty within said limits of disorderly conduct, public indecency, quarreling, fighting or any violation of any of the laws or ordinances of said city, and to hold said person so arrested until a hearing of the matter before the proper officer can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city guard-house or in the common jail of Jenkins county for a reasonable length of time. Said chief of police, regular or special policeman, shall have the power and authority to call to his assistance, in order to arrest and detain such offenders, the sheriff of said county or his deputies, or any constable of said county, or any bystander, and such person when so summoned shall be bound to assist and aid such officers, and should they fail to do so, they, or either of them, shall be liable to be prosecuted in the mayor's court, and, upon conviction, punished as prescribed in section 27 of this Act. Arrests. SEC. 31. Be it further enacted by the authority aforesaid, That the chief of police, regular or special policeman shall have the right and privilege (though they shall not be compelled, if they should deem it dangerous to allow their prisoners to run at large) to release any person arrested within the corporate limits of said city upon such person giving a bond, to be approved by the chief of police or the mayor of said city, payable to the city of Millen, conditioned to pay said city of Millen an amount fixed by said chief of police or mayor, and named in said bond, in the event said person arrested does not appear before the corporate authorities of said city at the time and place specified in the bond, and from time to time until said person so arrested is tried for the offense for which arrested. Appearance bonds SEC. 32. Be it enacted by the authority aforesaid, That if any Page 880 person who has been arrested charged with a violation of any of the laws or ordinances of said city of Millen, and has given bond for his or her appearance before the proper corporate authorities to answer such charge, fails to appear at the time and place specified in the bond, said bond shall be declared forfeited, and a rule nisi directed to the principal and surety, shall issue, directing and requiring them to show cause before the mayor's court, at a sitting of said court to be held not less than sixty days from the forfeiture nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond, at least twenty days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing the same once a week for four weeks prior to the sitting of the court to which the same is returnable in the official gazette of Jenkins county. If at such return term no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and sureties on said bond, or such of them as have been served, for the full amount thereof, and all costs, which shall include the cost of publication, if service shall have been made by that method, which execution shall be signed by the clerk of the council and mayor of the city, and shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in the justice or superior courts of this State. Said execution shall be directed to the chief of police of Millen, and to all and singular the sheriffs, deputy sheriffs and constables of said State, by any one of whom the same may be levied. Forfeiture, of bonds. SEC. 33. Be it enacted by the authority aforesaid, That said city council shall have the power to control the finances and property of said city, to appropriate money and provide for the payment of the debts and expenses of the corporation. Fiscal powers of council. SEC. 34. Be it enacted by the authority aforesaid, That for the purpose of raising revenues to defray the ordinary current expenses incident to the support and maintenance of the city government, the city council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city, not to exceed one per cent., but when that amount is deemed insufficient, said city council shall have the authority to levy an additional tax in the mode and manner provided by the Constitution and laws of the State of Georgia. Ad valorem tax. Page 881 SEC. 35. Be it further enacted by the authority aforesaid, That the said city council shall have power to provide for the levying and collection of a business or occupation tax upon any trade, business, profession or occupation, except such as are exempt by law, carried on within the city limits, and upon the inhabitants of said city who engage in or offer or attempt to engage in, any profession, trade, business or occupation in said city, and on such persons as live without the limits of said city, but who engage in or attempt or offer to engage in any profession, business, trade or occupation, not exempt by law, within the limits of said city, as said city council may deem expedient for the safety, benefit, convenience and advantage of said city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business or occupation, and said city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax, or take out license for same, who engage in, or offer or attempt to engage in, such business, trade, profession or occupation before paying such tax or taking out such license and complying fully with all the requirements of said city council made in reference thereto. Specific taxes. SEC. 36. Be it enacted by the authority aforesaid, That the said city council shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding-houses, cafes, restaurants, saloons for the sale of creams, sodas, ices, etc., livery-stables, feed-stables, sale stables and lots, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theaters and theatrical performances, shows, circuses and exhibitions of all kinds, oil-mills, cotton-mills, ice works, laundry and waterworks, electric light works, itinerant lightning rod dealers, emigrant agents, book agents, peddlers of stoves, clocks, machines or any kind of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, billiard, pool and bagatelle tables kept for public play; every keeper of a shooting-gallery or tenpin-alley; upon the keeper of any table, device, stand or play for the performance of any game or play, whether played with sticks, balls, rings or other contrivances; upon balloons, flying-horses, or other like contrivances; bicycles, velocipedes or skating-rinks; insurance-agents, life, fire, accident or other insurance companies; loan-agents and agents for any and all kinds of business; banks and bankers, brokers and commission merchants of all kinds; dealers in futures; keepers of slaughter-pens, beef markets, green-grocers, Page 882 dealers in fresh oysters, fish, vegetables, fruits, breads, meats and other articles of food; contractors and builders and all mechanics or artisans; keepers of blacksmith or repair shops, barber-shops, junk-shops, pawnshows, or brokers, and upon all and every other establishment, business, trade, calling or occupation not heretofore mentioned, and which under the laws of the State of Georgia are not exempt from municipal tax. Licenses. SEC. 37. Be it further enacted by the authority aforesaid, That the said city council shall have power and authority to make and establish by ordinance a fiscal year, in their discretion, from which and to which all licenses shall date. Should any person apply for license for any business in said city for which a license is required, at any time after the fiscal year has begun, the city council shall have authority to require from such person the same amount as is required for a license for a full year, and in no case shall said city council be required to prorate the amount of any license for a term less than a full year; provided, however, that no change in a fiscal year shall operate to the injury of any person who has paid the amount of the license required of him. Fiscal year. SEC. 38. Be it further enacted by the authority aforesaid, That said city council shall have the authority to enforce by execution the collection of any debt or claim due, or to become due, to said city for taxes, license fees, rents, impounding fees, fines and forfeitures, for laying sewers and mains, for cleaning and repairing privies, and for abating nuisances, and for any and all levies, assessments, debts or demands, due or to become due to said city. Said execution to be issued by the clerk of the city council and signed by him and the mayor of said city, and directed to the chief of police of the city of Millen, or any other police of said city, and to all and singular the sheriffs, deputy sheriffs and constables of this State, by any of whom the same may be executed, and who are authorized to levy the same upon the property against which it is issued, or on the property of the owner against whom such execution shall issue, and the same to be sold as provided by the Code of the State of Georgia of 1895, sections 732, 733, 734, 735, in cases of sales for taxes. Executions for taxes, etc. SEC. 39. Be it further enacted by the authority aforesaid, That the cost of the issuing and levying of any execution authorized by this Act, and of the sale of any property under the same, shall be paid by the person against whom said execution shall issue, or paid out of the proceeds of the property levied on and sold. And the city council of said city are authorized to prepare and establish a fee bill of said costs. Costs. SEC. 40. Be it further enacted by the authority aforesaid, That Page 883 it shall be the duty of the chief of police to levy all executions in favor of the city, and whether a levy is made by him or some other officer, to advertise the same for thirty days as sheriff's sales are now advertised, after which he shall sell the property levied upon before the court-house door in Jenkins county on a regular sheriff's sale day, within the legal hours of sheriff's sales, at public outcry to the highest bidder for cash, and execute titles to the purchaser, and shall have the same power to place purchasers in possession as sheriffs of the State have; provided, however, should any of the property levied upon as before provided remain in the hands of the levying officer, and it should be of a perishable nature or liable to deteriorate in value from keeping, or there is expense attending the keeping of the same (the same not being real estate), it may be sold as in such cases provided in sections 5463 and 5464 of the Code of the State of Georgia of 1895; except that the order to sell shall be obtained from the mayor. In the event said executions are levied by any person authorized to levy and execute the same other than the chief of police, the time, place and manner of sale shall be the same as if levied by the chief of police. Executions, how enforced. SEC. 41. Be it further enacted by the authority aforesaid, That the executions issued in accordance with the power and authority conferred by section 38 of this Act shall have the same force and binding effect as other executions for taxes in case they are for ad valorem taxes due the city, and in case they are for other taxes, licenses, fines, forfeitures or demands due the city, they shall have the same force and binding effect as executions issued from the superior courts and justice courts of this State, and may be levied by any officer to whom they are directed, upon any property in said State subject to execution. The same rights and privileges shall belong to the person against whom execution issued 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 executions issued from a justice's or superior court of this State. The papers connected with said claim or illegality cases shall be returnable to that court, according to the amount involved, in Jenkins county, as by the laws of Georgia, has jurisdiction to try other claims and illegalities. In the event the real estate levied on lies in another county, and claim or illegality shall be filed, then such case shall be tried in the court in the county where the land lies, as according to amount involved, has jurisdiction to try similar claims and illegalities. In all cases the officer making sales shall execute Page 884 title to the property sold and put the purchaser in possession of the same. Liens of executions. SEC. 42. Be it further enacted by the authority aforesaid, That the said city council shall have the power and authority to provide by ordinance when the taxes of said city shall fall due, and tax-executions shall issue against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when due. SEC. 43. Be it enacted by the authority aforesaid, That the said city council shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of the State of Georgia and general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund existing debts, establish and maintain a system of waterworks, a system of lights, a public-school system, may erect public buildings, or any other improvement 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. Corporate powers of council. SEC. 44. Be it further enacted by the authority aforesaid, That the city council of said city are authorized to purchase real estate in the city of Millen, and erect thereon a building in which said corporate authorities and the officers of said city may transact the public business of the city, and in which to keep the records, archives and property of said city, and a building for a city prison or guard-house, and such other buildings as may be necessary or convenient for the carrying on the government of said city; that said city council are authorized to levy and collect a tax upon all the property, real and personal, within the limits of said city, consistent with the Constitution and laws of the State of Georgia in such cases made and provided, with which to pay for said buildings; provided, however, that the said city council shall not have the right or power to levy or collect said tax until the same is submitted to and approved by two-thirds of the qualified voters of Millen at an election to be held under the same rules and regulations as other city elections, and of which notice shall be given by publication of same once a week for four weeks in the official gazette of Jenkins county. Those favoring the levying of said tax shall vote in said election For levying said tax, and those opposing same Against levying tax, and if two-thirds of the qualified voters vote in said election in favor of levying tax., then the council of said city shall be authorized to levy and collect same. Public building. SEC. 45. Be it enacted by the authority aforesaid, That every Page 885 male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable to work on the streets and sidewalks of said city not to exceed twenty days in each year, at such time or times as the said city council may require, or to pay a commutation tax in lieu thereof not to exceed $10.00, as the said city council may determine. Should any person liable to work on the streets and sidewalks of said city under this section fail or refuse to do so as said city council may require, he shall be punished, on conviction in the mayor's court, by fine not to exceed two hundred dollars, imprisonment in the guard-house or county jail, by permission of the county authorities, not to exceed fifty days, one or more or all of these, at the discretion of the trial court, and in addition thereto such costs of proceedings as may be incurred. Street work or tax. SEC. 46. Be it enacted by authority aforesaid, That said city council shall have the power and authority to impose a license on dogs within said city, in such manner and mode as said city council shall deem best; provided, that in no case shall the license exceed one dollar per capita on dogs. This license may be enforced by execution against the owner of the dog, as other license and taxes of said city are enforced. If said license be not paid within the time required by said city council, the said city council may, by ordinance, provide that all dogs upon which said license has not been paid be killed by some duly authorized policeman of said city. Tax on dogs. SEC. 47. Be it enacted by the authority aforesaid, That said city council shall have the power and authority, by ordinance, to prescribe the limits and regulate the time within which children under the age of sixteen years shall be prohibited from loitering or congregating on the streets or alleys of said city, and to prescribe the penalty for the violation of said ordinance. Patrol powers. SEC. 48. Be it enacted by the authority aforesaid, That said city council shall have power and authority 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, and under such regulations and restrictions as they may deem proper. They are hereby authorized and empowered to make contracts with individuals or corporations erecting gas, electric light and waterworks plant for the purpose of furnishing said city with light and water, and may in said contract bind the city to pay such amounts of same, regulate prices and limit rates to individual consumers, and guarantee such privileges to Page 886 the individual or corporation erecting and operating same as they may deem proper. Light and water. SEC. 49. Be it further enacted by the authority aforesaid, That the city council of said city shall have the power and authority to purchase, erect, equip, operate and maintain for said city a waterworks system, gas and electric light plant, and may bond the city for an amount not to exceed the amount prescribed by the Constitution and laws of the State of Georgia in such cases made and provided, for the erection and maintenance of such waterworks system or light plant, upon complying with the following conditions, to wit: Before any waterworks system, gas or electric light plant shall be erected, owned and operated by said city, and before said city shall be bonded for their erection or purchase and maintenance, the mayor, upon a recommendation of a majority of the council, shall order an election, of which at least thirty days' notice shall be given by publication of such notice in the official organ of Jenkins county. Said election shall be governed by the rules and regulations governing elections of mayor and council in said city, and the qualification of electors shall be the same. Each voter shall have printed or written on his ballot the words For bonds or Against bonds, and if two-thirds of the qualified voters of said city cast their ballots For bonds, it shall be the duty of the mayor and council to issue them at once; and the method of determining the number of qualified voters of said county shall be determined as is in this Act prescribed. Should said bonds be issued and a waterworks system or gas or electric light plant, under the control and ownership of said city, the mayor and council shall prescribe the method of its operation, and may appoint a superintendent of the same and supervise generally said system or plant. It shall be the duty of said mayor and council to publish in December of each year in some public gazette of said city a statement of the expenses and income of said system or plant. It shall be the duty of said mayor and council to regulate the rates to be charged to consumers for said light and water, and in no event shall the income to said city from said waterworks system, gas or electric light plant exceed an amount sufficient to provide a sinking-fund for the payment of the principal sum due on said bonds, to provide for a sum for the payment of interest on the same, and to provide for the operating expenses of said system or plant until the principal and interest due on said bonds shall have been paid, when said city council may direct that all income from said waterworks system or gas or electric light plant, except the expenses of running same, be devoted to paying the current expenses of said city. Light and water. Page 887 SEC. 50. Be it enacted by the authority aforesaid, That the city council of said city shall have the right to condemn and appropriate, as hereinafter provided, private property for public use; to lay off and open new streets, alleys, sidewalks, lanes or other ways for the convenience of the public or any citizen or citizens of said city; to vacate, alter, widen, curb, pave and keep in good order and repair all streets, alleys, avenues, lanes, sidewalks, and to construct and keep in repair drains, sewers, gutters; to lay off and improve public parks and grounds; to keep all public grounds, streets, sidewalks, lanes, alleys or other ways from obstructions of any kind; to regulate the width of sidewalks and crosswalks on the streets; to grade and change the grade of all streets, sidewalks, alleys, lanes, avenues or other ways; to require adjacent landowners or lesses to curb, pave or improve sidewalks at their own expense, under the direction of the authorities of said city, and upon failure of the landowners or lossees so to do, the authorities of said city may have such work done and collect the cost thereof from the adjacent landowners or lessees by execution as other taxes are collected. Streets, etc. SEC. 51. Be it enacted by the authority aforesaid, That in all cases where the authorities of said city see proper to open any new street, or to widen any street, lane or alley, or in any way to change the same, it shall be lawful for them to have said street, lane or alley, or the proposed change in same, surveyed or marked, and before proceedings to open same, they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed, twenty days, during which time it shall be lawful for such owner, his agent or attorney, in case he can not agree with said authorities as to the amount of damages, to file objections to the opening of said new street, lane or alley, or to the widening or changing of said street, lane or alley, and make claim for damages, which may result to such owner. In case no objection or claim for damages is filed within twenty days, it shall be lawful for the city council to proceed at once to open said street, lane or alley, or make such change in any old one agreeable to the survey made before the commencement of the proceedings, and the owner of the land through which said new street, or through which such change is proposed to be made shall be estopped thereafter from claiming any damages by reason of the opening of said new street, or by reason of the changing or widening of any old one. In case objections are filed and damages are claimed, it shall be the duty of the mayor of the city to select one disinterested free-holder, resident in said city, and the owner or his agent shall Page 888 select another, and these two shall select a third, and, in case the said owner or his agent shall refuse to select an assessor, the ordinary of Jenkins county shall appoint one for him, on application to him reciting said fact by the mayor of said city, and the three assessors so chosen, after hearing such evidence as may be offered by either party, shall proceed to assess the damage resulting therefrom; provided, either party being dissatisfied with said award shall have the right to appeal from same to a jury in the superior court of Jenkins county, under the law governing appeals in other cases. Damages, how assessed. SEC. 52. Be it enacted by the authority aforesaid, That the city council shall have the right and power to regulate the use of all sidewalks, crosswalks and structures over or under the same; to require the owner or occupant of any premises to keep the sidewalks in front of or along the same free from obstructions of any kind; to regulate and prevent the throwing of ashes, offal, dirt, garbage or any offensive matter into any street, avenue, lane, sidewalk, alley, yard or public place within the city, and to prevent any injury of any kind to any street, lane, alley or public grounds, or public buildings of said city. Sidewalks, etc. SEC. 53. Be it further enacted by the authority aforesaid, That the city council of said city shall have the right and power to provide for and regulate the curbs and gutters that flow into the streets or on the sidewalks of said city; to regulate or prohibit the use of the streets and public grounds for signs, signposts, awnings, horse-troughs, racks, and for posting handbills and advertisements, to regulate or prohibit carrying of banners, handbills and placards on the streets and sidewalks and public places of said city. Use of streets, etc. SEC. 54. Be it enacted by the authority aforesaid, That the city council of said city shall have the right and power to prescribe the limits in 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 fire limits, known as fire limits, which shall have been damaged by fire, decay or otherwise to the extent of forty per cent. of their value, shall be torn down and removed, and to prescribe the manner of ascertaining such damage and the damage sustained by the owners by reason of being thus compelled to tear down or remove such buildings. In case of an offense against such fire regulations, the city council, after having given five days' notice, shall cause any building not fireproof, and erected in violation of the ordinances of said city, to be removed at the expense of the owner or builder thereof, to be collected by execution Page 889 as in case of other executions issued by said city, and said city council shall have the right to determine what are and what are not fireproof buildings within the meaning of the said ordinance. Said city council shall have the right and power to prohibit and to prevent the construction and use of dangerous chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers, gasoline and other lamps and apparatus used about any building or manufactory, and to cause the same to be removed or placed in safe condition at the expense of the owner, when in the opinion of the city council it is necessary to do so in order to insure safety from fire. Fire limits. SEC. 55. Be it enacted by the authority aforesaid, That said city council may exercise general supervision over all buildings of every character within the limits of the city, and whenever in the judgment of the mayor any building in said city by reason of want of proper repairs or defect in construction, is dangerous to the city on account of these or any other reasons, said mayor shall report the same to the city council at a regular or call meeting of the same. At said meeting if a majority of those present shall be of the opinion that the building is dangerous for any of the reasons aforesaid, they may pass a resolution so declaring. Upon the passage of such resolution the mayor shall cause written notice of said action to be furnished to the owner or tenant in possession of said building, and directing that the defect be remedied within ten days. If at the expiration of said ten days such defect has not been remedied in accordance with said notice, it shall be lawful for the mayor of said city to cause it to be done summarily and issue execution for the costs thereof against the owner of the said building. In case said owner or tenant in possession shall fail or refuse to remedy the defect in question, and said city council are of the opinion that it can not be satisfactorily remedied, it shall be lawful for them to cause such building to be destroyed or torn down in the most expeditious manner. Said mayor and council shall not be liable in damages for exercising the power conferred by this section, unless it be shown by the party complaining that acts done were done maliciously. Dangerous buildings. SEC. 56. Be it enacted by the authority aforesaid, That the city council of said city shall have full power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals and fowls from running at large in said city, and to prevent, regulate or prohibit the keeping of hogs and cattle in said city, and to punish the owners of such animals and fowls who refuse to obey an ordinance to carry this authority into effect. Said city council shall have authority to establish a Page 890 pound, and to change the same whenever they deem proper; tofix a schedule of charges and penalties to be paid by the owner of impounded animals or fowls before their release; to regulate the mode and manner of sale or disposition of impounded animals or fowls, where pound fees or penalties or costs are not paid; to provide for proper notice and advertising of impounded animals or fowls, and to provide for the disposition of the proceeds of the sale of impounded animals or fowls, and to provide for the punishment of all persons who without authority break or enter said pound. Animals. SEC. 57. Be it enacted by the authority aforesaid, That the city council of said city shall have the right and authority to provide for the inspection of steam-boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal-oil, benzine, naphtha, turpentine, cotton, petroleum, kerosene oil, nitroglycerine, dynamite, or any other combustible or explosive substance or material within the limits of said city; to regulate or prohibit the use of lights in stables, shops or other places, and the building of bonfires; to regulate or prevent the use of fireworks, firecrackers, torpedoes, skyrockets, roman-candles, and other pyrotechnic displays. Explosives. SEC. 58. Be it enacted by the authority aforesaid, That said city council shall have the power to summarily and forcibly remove at any time and without notice to any one any and all obstructions of any character whatever from the streets, sidewalks, alleys and commons of the said city. They shall have power to prevent tramps, street-walkers, vagrants, loiterers, idle persons and lewd females from walking the streets and sidewalks of said city, and may punish them in their discretion by any punishment authorized by this Act. And whenever it shall appear to the mayor of said city by evidence sufficient to excite the suspicions of a reasonable and prudent man that any room, house, building or cellar in said city is being used as a house of ill-fame, as a residence of lewd women, or as a place where gambling or other immoral and illegal and disorderly practices are carried on, said mayor may order the chief of police of said city or any regular or special policeman thereof to enter said building, house, room or cellar, by force, if necessary, and arrest the occupants thereof and bring them before the said mayor to be dealt with according to the law. Street obstructions. Vagrants and lewd women. SEC. 59. Be it enacted by authority aforesaid, That said city council shall have the right and power to regulate traffic and sales upon the streets and public places of said city; to regulate the speed of horses or other animals, vehicles and bicycles, automobiles Page 891 or other means of locomotion, cars and locomotives within the limits of said city; to supress rowdy or disorderly houses, houses of ill-fame, houses of assignation within the limits of said city, and to prohibit the sale or exhibition of any obscene or immoral publication, prints, pictures or illustrations. Police powers. SEC. 60. Be it enacted by the authority aforesaid, That the city council of said city shall have the right and power to declare what shall be a nuisance and to abate the same, and to provide for the punishment of persons who may create, continue or suffer nuisances to exist; to prevent the establishment of any unwholesome or offensive business within the limits of said city; to compel the owner of any cellar, stable, pigstye, privy, sewer or any other unwholesome or noious house or place to cleanse, abate or remove the same. Nuisances. SEC. 61. Be it enacted by the authority aforesaid, That the mayor and council of said city are hereby authorized and empowered to fix the license for the sale of liquors, wines and all other beverages containing any alcoholic stimulants whatever at such amount as they shall fix by ordinance, and any person before selling shall pay to the treasurer of said city said sum and receive license; and should any person sell any quantity of liquors, wines or beverages in said city without having paid the license fee as aforesaid, the mayor of said city is hereby authorized and empowered to issue an execution instanter, signed by himself and the clerk of said city council, and directed to the chief of police of said city against the seller, which execution shall be levied on any property of the seller found in the city, and sold as is provided in other levies and sales; and should an illegality be filed by the person against whom the fi. fa. is issued, the same shall be heard and determined by said mayor and council, and if such person desires to certiorari to the superior court from the decision of said mayor and council, he must execute a bond with good security in such sum as shall be equal to double the amount of said license fee, payable to said mayor and council, and to be approved by the mayor, and should the judgment of the mayor and council overruling the illegality be sustained by the higher court, then said bond to be collected from the principal and his surety. Sale of liquors. SEC. 62. Be it enacted by the authority aforesaid, That in addition to the remedy provided in section 61 of this Act, the said mayor and council are hereby authorized and empowered to make it unlawful to keep for illegal sale or to sell without license, as provided in section 61, any ardent, spirituous or malt liquors, any wine, beer, cider, drinks or beverages of any kind whatever, Page 892 and make such places where such drinks or beverages are kept for sale a public nuisance. Sales of liquors. SEC. 63. Be it enacted by the authority aforesaid, That should the mayor and council exercise the authority vested in them in section 62 of this Act, and any person should thereafter be convicted before said mayor of keeping for sale, contrary to the provisions of this Act any of the liquors or beverages mentioned in said section, or of maintaining a public nuisance as therein described, such person shall be punished by a fine of not more than fifty dollars for every day that such liquors are shown to have been kept for illegal sale, or such nuisance maintained, or be worked upon the streets or other public works of said city for not more than six months, or confined in the town prison for not more than six months. And the said mayor may, in his discretion, impose upon the person so convicted one or more of these penalties. Penalties. SEC. 64. Be it enacted by the authority aforesaid, That the city council of said city shall have the right and power to enact ordinances for the purpose of preventing the spread of contagious diseases, and to declare and enforce quarantine against such diseases, and to punish any violation or infringement of the quarantine rules and regulations of said city. The city council of said city shall also have the power and authority to establish, build and maintain hospitals or pesthouses within the limits of said city or outside those limits, as they may determine; and for this purpose they are authorized to buy, hold, possess and receive real estate outside the limits of said city to be used for these purposes, the condemnation proceedings being had and done in the same manner and by the same rules as provided in section 51 of this Act for condemning lands for streets, ways, etc. The said city council shall also have the power to compel the removal to the smallpox hospital or pesthouse of any person or persons who shall have the smallpox within the limits of said city, and who do not provide their premises with sufficient guards to completely quarantine them; but even when the premises on which said persons may be who shall have the smallpox be sufficiently guarded, it shall still be within the power of said city council, when it is deemed necessary and safest, to remove said person to the hospital or pesthouse. The said city council shall also have the power and authority to declare by resolution that vaccination shall be compulsory upon all persons residing within the limits of said city and upon all persons who may be working or so-journing in said city, whether they be permanent residents or not of said city. The said city council may purchase vaccine points, Page 893 employ physicians to perform the vaccination, and provide in said resolution the time within which all persons as above referred to shall be vaccinated, and give notice of the place and person who will perform the vaccination for and on behalf of the said city without charge to the individual; and any person failing or refusing to be vaccinated within the time required in said resolution, either by the physician appointed by the city to perform such vaccination or by some other competent person, shall, upon conviction, be punished as the said council may by ordinance prescribe, consistent with the provisions of this Act. Quarantine Vaccination. SEC. 65. Be it enacted by the authority aforesaid, That the city council of said city shall have the power and authority to offer and pay suitable rewards for the detention, prosecution and conviction of persons committing within the limits of said city crimes against either the laws of the State of Georgia or against the rules, regulations and ordinances of the said city of Millen. Rewards. SEC. 66. Be it enacted by the authority aforesaid, That to carry into effect the powers conferred upon said city council by this Act, or any future Acts of the Legislature of this State, and for the preservation of peace, good order, temperance and morality in said city, the city council shall have the power and authority to make and pass all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State. General welfare. SEC. 67. Be it enacted by the authority aforesaid, That all by-laws, ordinances, resolutions, rules and regulations heretofore passed and enacted by the council of the town of Millen not heretofore repealed and of force under the charter of the town of Millen now repealed by this Act and not in conflict with this Act, are hereby reenacted and made of binding force and effect under this charter until the same are repealed by vote of the city council of the city of Millen. Existing ordinances. SEC. 68. Be it enacted by the authority aforesaid, That all legal contracts heretofore entered into by the town of Millen, or the corporate authorities thereof, shall be good and valid for or against the city of Millen to the same extent as they would have been good or valid for or against the town of Millen had this Act not been passed. All the rights and liabilities of the town of Millen shall accure and survive to and against the city of Millen. All property and the right thereof now held and owned by the town of Millen shall be and become the right and property of the city of Millen. Contracts of town of Millen. Page 894 SEC. 69. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. MONROE, CITY OF, CORPORATE LIMITS. No. 525. An Act to amend the charter of the city of Monroe, in Walton county, approved December 3, 1896, Acts of 1896, pages 212 to 225, inclusive, and Acts amendatory thereof, so as to extend the territorial limits of said city, making it one mile in every direction from the courthouse in Monroe, instead of three-quarters of a mile in every direction, as provided in section one of the said original charter, and for other purposes. SECTION 1. Be it, and it is, hereby enacted by the General Assembly of the State of Georgia, That section 1 of the charter of the city of Monroe, in Walton county, approved December 3, 1896, Acts 1896, page 212 of said charter, and amendments thereto, be, and the same is, hereby amended by incorporating and taking in as a part of the said city, all that territory embraced in a radius of one-fourth of a mile from the present city limits all around said city, so as to make the territory embraced in said city one mile in every direction from the courthouse, instead of three-quarters of a mile, expressed in said section of said charter. That from and after the approval of this Act said additional territory shall become a part of the city of Monroe, and the people and the property therein, now and hereafter, shall be subject to and governed by the laws of said city of force at the time of the passage of this Act, and such laws as may hereafter be passed, to the same extent that the other people and property in said city are subject to its laws. Monroe, city of, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 895 MONROE, CITY OF, CHARTER AMENDED. No. 523. An Act to amend the charter of the city of Monroe, in the county of Walton, approved December 3, 1896, Acts of 1896, pages 212 to 225, inclusive, and the Acts amendatory thereof, so as to change the name of the body corporate to that of the city of Monroe, and to provide for the establishment of public schools in said city, modifying and repealing certain provisions in said amended charter on the subject of public schools; to alter and amend the provision in said charter in regard to condemnation of property for streets and other public purposes; to repeal and modify part of the provisions relative to ad valorem tax, and make more certain the application of the Code provision, or assessors Act, by adopting sections 717 and 718 of the Code of 1895; to amend and make more complete the provision for forfeiting of bonds in the mayor's court and entering judgment thereon, and for other purposes. SECTION 1. Be it, and it is, hereby enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the municipal government referred to in section 2, page 213, Acts of 1896, incorporating the city of Monroe, as the `mayor and council of the city of Monroe, be, and the same is, hereby changed to that of city of Monroe, by repealing the words mayor and council of the city of Monroe, and inserting in their place the above words, city of Monroe, so as to make the city of Monroe the name of the body corporate, without any further change in said section. Monroe, city of. Corporate name. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act there shall be established in said city of Monroe a system of public schools, to be conducted, maintained and supported as provided for by this Act, and the rules and regulations of the board of education of said city, not in conflict with the provisions of this amendment to the charter to the city of Monroe, and the laws of the State of Georgia. Public schools. SEC. 3. Be it further enacted by the authority aforesaid, That the public schools herein provided for shall have and consist of two distinct and separate divisions under the same general management; one to be known as the white division and the other to be known as the colored division; that is, the first division Page 896 shall be for white children and the second division for colored children. White division and colored division. SEC. 4. Be it further enacted by the authority aforesaid, That the board of education of said city, elected under the provisions of the Act amending the charter of said city, approved December 20, 1898, Acts 1898, section 6, page 232, shall be, and they are, hereby made the board of education of said system of public schools. At the expiration of the term of office of the present board, the council shall elect from the citizens of said city qualified to hold office three members of said board of education, who shall hold their office for a term of one year, and two members who shall hold their office for a term of two years; all other elections (except to fill vacancies) of members of said board shall be for a term of two years. Vacancies in said board, caused by death, resignation or otherwise, before the term expires, shall be at once filled by the council for the unexpired term. Said charter section is thus amended as to election and terms of office of the board of education of said city. Board of education. SEC. 5. Be it further enacted by the authority aforesaid, That said board, after the adoption of public schools as provided by this amendment, shall elect from their number a chairman, a vice-chairman, a secretary and treasurer. The last two offices may be filled by one and the same person. Said treasurer shall be required to give a bond with good security, payable to the city of Monroe, in the sum of $5,000, subject to the faithful discharge of his duties as such treasurer and a proper accounting for the funds going into his hand as such. The compensation of the members of said board of education and treasurer shall be fixed by the mayor and council annually, beginning with the first appointment and election. Officers of board. SEC. 6. Be it further enacted by the authority aforesaid, That said board of education shall elect a superintendent and all the teachers for said public schools, and contract with them to teach, fixing their compensation as such teachers and prescribing the duties of the superintendent, and employ such other help as is necessary in conducting the schools in said system. They shall fix the term for such school, prescribe the curriculum and text-books; provided, they do not conflict with the general laws on the subject. They shall have the right to suspend or remove teachers at their discretion, and their action in this matter shall be conclusive. They shall have authority to exclude from the school-rooms in said city any child that is infected, or has been exposed to any infectious epidemic or contagious disease, or to suspend or expel any child or pupil for an absolute [Illegible Text] to obey the Page 897 rules and regulations of such schools. They shall have power and authority to pass all by-laws, rules and regulations, not in conflict with this charter amendment, or in conflict with the laws of Georgia, that may by them be deemed necessary for the government of said system of public schools, and when such by-laws, rules and regulations shall have been passed and placed upon the minutes of the board, they shall be of full force and effect; any violation of either one of such by-laws, rules and regulations may be good cause for the suspension or the removal of the teacher, or for the expulsion of such pupil. Said board shall, in fact, have all the power necessary to the management, control and operation of said public-school system. Superintendent and teachers, etc. SEC. 7. Be it further enacted by the authority aforesaid, That said board shall keep proper books showing the amounts received and expended by them, as well as all their acts, and shall render an itemized statement of receipts and expenditures annually to the mayor and council of said city at their next regular meeting after the close of the spring term of said public schools, and at such other times as the mayor and council may require. Receipts and disbursements by board. SEC. 8. Be it further enacted by the authority aforesaid, That on or before the first day of July of each year, if practicable, said board of education 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 two-fifths of one per cent. upon the assessed value thereof, 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 education all funds so raised or appropriated, who shall pay out the same only upon the order of said board of education. School tax SEC. 9. Be it further enacted by the authority aforesaid, 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. All contracts made and signed by them shall be signed in the corporate name of said city of Monroe, per..... chairman of board of education, and when so signed shall bind said city so long as such contracts are within the scope of the duties of said board; provided, however, said board shall never contract beyond the funds coming Page 898 into their hands under this Act, without the approval of the mayor and council of said city. Contracts by board. SEC. 10. Be it further enacted by the authority aforesaid, That the authorities of the county of Walton shall not establish or maintain any other school within said city, but the proper authorities shall pay over to said board of education the pro rata share of the State and county school fund to which the schools of said city are entitled, to be by said board paid out to the teachers of said public-school system, under the rules and regulations adopted by said board; provided, if said board desires to receive the said funds direct from the State School Commissioner, and they shall adopt a resolution electing to so receive it, place such resolution on their minutes, and send a copy of such resolution to the State School Commissioner, and upon receipt of said copy of said resolution he shall thereafter be required to pay over said funds direct to said board of education, without said fund passing into the hands of the county school commissioner of Walton county. Pro rata share of State and county school fund. SEC. 11. Be it further enacted by the authority aforesaid, 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 of 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 school children. SEC. 12. Be it further enacted by the authority aforesaid, That the board of education of said city may require such incidental or entrance fees, not exceeding four dollars per pupil, for a term of nine scholastic months not in conflict with the laws of the State of Georgia. 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 the sum required. Entrance fees and admission of non-resident children. SEC. 13. Be it further enacted by the authority aforesaid, That said board of education shall admit all children in said public schools between the ages of six and eighteen years, whose parents have become permanent residents in said city, under the same rules and regulations as may be prescribed by them not in conflict with this charter amendment, or in conflict with the laws of the State. School age. SEC. 14. Be it further enacted by the authority aforesaid, That before the provisions of this Act relative to public schools shall Page 899 become operative, it shall be submitted for adoption to the qualified voters of said city, for which purpose the mayor and council of said city are hereby authorized, after the passage of this Act, to order an election to be held in said city as other elections are held, at such time as said mayor and council shall by resolution or ordinance name, for the purpose of determining whether this Act shall become operative and effective. The persons voting in said election shall be regular qualified voters, registered as required by the laws of said city for said election. All persons who favor the adoption of this public-school Act shall have written or printed on their ballots the words For public schools, and those opposed shall have written or printed on their ballots the words Against public schools; and in case two-thirds of the qualified voters of said city shall vote in said election for public schools, the said system of public schools shall be established and maintained as in this Act provided. Notice of said election shall be given in a newspaper published in said city once a week for four weeks next preceding said election. The returns of said election shall be made and the result declared as in other elections in said city, and said election shall be 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 from time to time until the provisions of this Act in regard to public schools are adopted by the necessary two-thirds vote; provided, however, no election shall be called within a year after an election has been held on the subject and not carried. Ratification of provisions for public schools. SEC. 15. Be it further enacted by the authority aforesaid, That the provisions in sections 11 and 12, Acts 1904, pages 542 to 546, inclusive, amending the charter of the city of Monroe, and providing for public schools, be, and the same are, hereby modified, amended and repealed in so far as they conflict with the foregoing sections, as soon as this public-school provision is adopted by the people as above provided for. Conflicting school laws repealed. SEC. 16. Be it further enacted by the authority aforesaid, That the part of section 20 of the original charter of the city of Monroe, approved December 17, 1896, Acts 1896, pages 212 to 225, inclusive, beginning with the words they are invested with power, etc., about the middle of said section, composing one full sentence down to the word treasury, be, and the same is, hereby amended and repealed, and the following words inserted in the place of said sentence, to wit: They are vested with power and authority to determine the necessity, and to lay out streets and to open new streets and alleys, or to widen and straighten any of the Page 900 streets, sidewalks or alleys of said city, and in order to do this, if such property or real estate as is necessary for such improvement is not donated or can not be bought at what said mayor and council considers a reasonable price, they are hereby authorized, empowered and directed to condemn such property, assess the damages and pay the same out of the city funds, as is provided by the general laws for condemning property by municipal corporations. They shall also have like power and authority as well as discretion, to determine the necessity, to purchase, or condemn, in the manner aforesaid, suitable lot or lots for cemeteries for the burial of the dead, and in like manner to purchase or condemn property for other necessary public purposes, always complying with the laws on the subject of condemnation of property for public purposes, so that when so amended said section will read as follows, to wit: That said mayor and council shall have superintendence and control of the streets, sidewalks, bridges and alleys, and of the public square, the parks and cemeteries of said city, and may prohibit or remove all obstructions or encroachments thereon, or interference therewith; and they shall have power and authority to regulate and control the location of cemeteries and burial of the dead within the corporate limits of said city. They are vested with power and authority to determine the necessity, and to lay out streets and to open new streets and alleys, or to widen and straighten any of the streets, sidewalsk or alleys of said city, and in order to do this, if such property or real estate as is necessary for such improvement is not donated or can not be bought at what said mayor and council consider a reasonable price, they are hereby authorized, empowered and directed to condemn such property, assess the damages and pay the same out of the city funds, as is provided by the general laws for condemning property by municipal corporations. They shall also have like power, discretion and authority to determine necessity and to purchase or condemn in the manner aforesaid suitable lot or lots for cemeteries for the burial of the dead, and to purchase or condemn property for other necessary purposes, always complying with the laws on the subject. Said mayor and council shall have full power and authority to pave or otherwise improve the sidewalks of said city with whatever material and in whatever manner they may deem proper and best. Streets, etc. SEC. 17. Be it further enacted by the authority aforesaid, That section 22 of the original charter of said city heretofore referred to be, and the same is, hereby amended by striking out and repealing the last sentence in said section, beginning said tax-receiver may make the same objection, etc., and inserting the Page 901 following, to wit: That said mayor and council may assess the property in said city subject to taxation in the manner now provided by law, in title 7, article I, chapter 3, of the Code of Georgia, sections 717 and 718, so that said section when amended shall read as follows: That said mayor and council may levy and collect for city purposes a tax, not to exceed 75 cents on every hundred dollars, on real estate and personal property of every kind in said city, 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 in the minutes of the board, 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 city 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 city. That said mayor and council may assess the property in said city subject to taxation in the manner now provided by law in title 7, article I, chapter 3, of the [Illegible Text] of Georgia, sections 717 and 718. Taxation. SEC. 18. Be it further enacted by the authority aforesaid, That section 32 of said original charter of the city of Monroe be, and the same is, hereby amended by striking out and repealing all of the last seven lines of said section from the word forfeited in the seventh line from the botton of said section, and substituting the following words, to wit: by making an entry on the docket showing the absence of the defendant, when the clerk of the council shall issue a rule nisi, which shall be signed by the mayor, requiring the defendant to show cause at the mayor's court at some fixed time within thirty days, if he or she had, why such bond should not be forfeited; and copies of such rule shall be served on said principal and securities fifteen days before the return time thereof, if they can be served, by the marshal, deputy marshal, or any constable or sheriff; or if either said principal or his security can not be served, return should be made of such fact and the court may then proceed against the one or more served. The mayor shall proceed to hear such case at the time set for a hearing, subject to legal continuances to be judged of by him; and if no good cause shall be shown why the principal in such bond did not appear as required by said bond, the mayor shall enter up judgment against the defendants served for principal, interest and costs, and when judgment is so entered the clerk shall issue execution on such judgment and the same shall be by the marshal or other officer authorized so to do, levied and Page 902 collected as other executions; provided, however, the parties shall have the right of certiorari to the superior court from such judgment as in other cases from an inferior court, so that when so amended said section will read as follows: That the marshal, deputy marshal, or any special policeman lawfully appointed in said city, may arrest, without a warrant, any person he may see violating the ordinances of said city, or any person reported to him as having violated said ordinances, and bring the offender before the mayor's court for trial, and to this end may summon any citizen or citizens of said city as a posse to assist in such arrest. When brought before the mayor's court a written or printed accusation shall be preferred against the offender in manner and form as follows: `State of Georgia, city of Monroe. I,....., marshal of said city (or deputy marshal, or special policeman of said city, as the case may be), in the name and behalf of the said city, charge and accuse..... with the offense of (here state the offense substantially), committed in the city of Monroe on..... day of....., contrary to the laws of said city, the peace, good order and dignity thereof. This..... day of.....,' and the same shall be signed by the officer making the arrest, or the city marshal as prosecutor; and when such accusation is preferred, the same shall be sufficient to hold the accused until the trial of the case, and to that end the accused may be imprisoned, unless he or she gives good and sufficient bond and security for his or her appearance at such times as may be required; such bond to be adjudged of and approved by said marshal or said 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 the bond may be forfeited by making an entry on the docket, showing the absence of the defendant, when the clerk of the council shall issue a rule nisi, which shall be signed by the mayor, requiring the defendant to show cause at the mayor's court at some fixed time within thirty days, if any he or she has, why such bond should not be forfeited; and copies of such rule shall be served on said principal and securities fifteen days before the return time thereof, if they can be served, by the marshal, deputy marshal, or any constable or sheriff; or either said principal or his security can not be served, return should be made of such fact and the court may then proceed against the one or more served. The mayor shall proceed to hear such case at the time set for a hearing, subject to legal continuances, to be judged of by him, and if no good cause shall be shown why the principal in such bond did not appear as required by said bond, the mayor shall enter up judgment against Page 903 the defendant served for principal, interest and costs; and when judgment is so entered the clerk shall issue execution on such judgment and the same shall be by the marshal or other officer authorized so to do levied and collected as other executions; provided, however, the parties shall have the right of certiorari to the superior court from such judgment as in other cases from an inferior court. Arrests and forfeiture of appearance bonds. SEC. 19. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the foregoing amendment be, and the same are, hereby repealed. Approved August 21, 1906. MORGAN, CITY OF, INCORPORATED. No. 603. An Act to create and incorporate the city of Morgan in lieu of the town of Morgan, 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 Morgan is created and incorporated in lieu of the town of Morgan, in Calhoun county. The territorial limits of the city of Morgan shall be identical with the present territorial limits of the town of Morgan. All lands, tenements, easements, streets, alleys, hereditaments, rights, powers and interest in property, real, personal and mixed, belonging to the town of Morgan at the date of the passage of this Act shall belong to the city of Morgan on and after the passage of this Act. All legal debts, obligations, notes, bills, accounts and liabilities of whatever nature, owing by said town of Morgan at the date of the passage of this Act, shall be owing by the city of Morgan on and after the passage of this Act, and all debts of whatever kind or character due or owing to the town of Morgan at the date of the passage of this Act shall be due and owing, and become the property of the city of Morgan on and after the passage of this Act. This Act shall not be construed as destroying and ending the powers hitherto conferred upon the town of Morgan by the General Assembly of Georgia, but is enacted in the nature of an amendment to the present charter of Morgan and 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, Page 904 privileges, duties and liabilities of said town through its charter, the amendments thereto and the acts legally done thereunder, but extending and adding the provisions of this Act to the rights, privileges, powers, duties, liabilities and limitations created by said charter of the town of Morgan, the amendments thereto, and the acts done thereunder. The ordinances of the town of Morgan shall be ordinances of the city of Morgan and enforcible as such until repealed or changed by the city council of Morgan. Morgan, city of, incorporated, and succeeds to all the rights and powers of the town of Morgan. SEC. 2. Be it further enacted, That the officers of the town of Morgan at the time of this Act be, and the same are, hereby made officers of the city of Morgan on and after the passage of this Act, and the present charter of the town of Morgan is hereby made the charter of the city of Morgan. 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 20, 1906. MONTICELLO, CITY OF, CHARTER AMENDED. No. 405. An Act to authorize the city of Monticello to extend its waterworks and electric light systems beyond the corporate limits of said city; to construct, own and operate said systems beyond said corporate limits, and exercise the right of eminent domain beyond said corporate limits; to contract with persons for using water and electricity within and without said corporate limits; to provide for the regulation of said systems, fix rates, and provide for the collection of the same; to exercise police authority upon and around said waterworks and electric light property within and without said corporate limits; to ratify certain grants and purchases already made beyond the corporate limits, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city of Monticello, a municipal corporation incorporated by Act of the General Assembly of Georgia, approved December 18, 1901, be, and it is, hereby authorized to extend the waterworks system and the electric light system heretofore authorized by the qualified voters of said city beyond the corporate limits of the city of Monticello; to construct, own, maintain Page 905 and operate waterworks and water appliances, electric lights and electric appliances to be located at any point or points selected by the city council of said city beyond its corporate limits; and for said purposes the said city of Monticello is authorized to purchase and hold all lands necessary for the location of its basins, pumping-stations, reservoirs, electric plants and appliances, rights of way for its water-mains and electric wires and poles, and such other property, real or personal, as may be necessary or useful in the establishment and maintenance thereof. Monticello, city of Light and water. SEC. 2. Be it further enacted by the authority aforesaid, That said city of Monticello is authorized to lay its water-mains and supply pipes over, under and across any property, public or private, and also to lay the same on and along, under or across any of the public roads in the county of Jasper, or any of the streets of the city of Monticello, and under the right of way of any and all railroads, and to erect and maintain its electric lines and appliances over, under or across any and all said property, roads, streets and railroads. Pipe lines. SEC. 3. Be it further enacted by the authority aforesaid, That should the city council of said city of Monticello be unable to agree with the owner or owners of any property to be occupied by its water-mains and water appliances, or electric wires or appliances, as to the price to be paid for such use of said property, then the said city of Monticello may take or damage any property necessary for the purposes aforesaid upon condemning it in the manner provided by the general laws of the State, as contained in sections 4657 to 4686 inclusive of the Civil Code of Georgia of 1895. Condemnation. SEC. 4. Be it further enacted by the authority aforesaid, The city council of said city of Monticello shall have power to contract with any and all persons for the use of water or electricity or both, from said systems, within or beyond the corporate limits of the city of Monticello; and said city council shall have full power and authority to make all rules and regulations which they may deem necessary in connection with the management of said systems; to fix and prescribe rates for the use of said water and electricity, and for the price of all water and electricity used the said city of Monticello shall have a lien upon the property upon which the water or electricity may be used, said lien to be of the same dignity as the tax liens of said city, and may be enforced by execution to be issued by the clerk of said city against tenants and landlords, jointly or severally, for water or electric rents due by them, or either of them, to be issued, levied, collected and defended, in the same manner as other executions for claims due Page 906 said city as prescribed in sections 40, 41 and 42 of the charter of said city as contained on pages 580 and 581 of Georgia Laws of 1901. Rates for water and light. SEC. 5. Be it further enacted by the authority aforesaid, That the city council of said city shall have police authority upon and around any and all property occupied by its basins, reservoirs and pumping stations, and its electric plants, wires and appliances, whether within or without the corporate limits of said city. Protection of plants. SEC. 6. Be it further enacted by the authority aforesaid, That the grant by the commissioners of roads and revenues of Jasper county, Georgia, to the city of Monticello on February 7, 1906, of the right to use and occupy the public road known as the Monticello and Covington public road from the corporate limits of said city to the pumping station of the system of waterworks for said city on the waters of the J. J. Pope creek for the purpose of maintaining therein a line of water pipe or pipes, so long as the use and occupancy of the same should be needed for such purpose, and also the purchase by said city on March 9, 1906, of one and one-twelfth acres of land and certain water and water-pipe privileges from Mrs. Lizzie R. Hill be, and the same are, hereby ratified and confirmed. Rights of way. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1906. MULLIS, TOWN OF, INCORPORATED. No. 378. An Act to incorporate the town of Mullis, in the county of Laurens, and to grant certain powers and privileges to said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Mullis, in the county of Laurens, be, and the same is, hereby incorporated under the name of the town of Mullis; that the municipal government of the town of Mullis shall be vested in a mayor and three councilmen, who are hereby constituted a body corporate under the name and style of the town of Mullis, and by that name and style Page 907 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 Mullis, any real estate, real or personal of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law and equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said incorporation, or convey the same or any part thereof in any manner or way whatever; that the territory embraced within the following boundary shall constitute the town of Mullis: six hundred and fifty yards in every direction from the center of the town well, now used by the town of Mullis, and as it is now situated. Mullis, town of, incorporated SEC. 2. Be it further enacted by the authority aforesaid, That J. P. Barrs be, and he is, hereby appointed mayor of said town, and W. H. Tate, W. H. Mullis and D. E. Mullis 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 1908, and until their successors are elected and qualified. The abovenamed officers to enter upon the discharge of their duties upon their taking the oath well and truly to administer the affairs of said office, immediately upon the passage of this Act. Mayor and councilmen appointed. SEC. 3. Be it further enacted by 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, 1908, and on the first Monday in January every two years thereafter, for a mayor and three councilmen, who shall hold their offices for two years, 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 notices shall be posted ten days before said election. Said election shall be held under the law governing the 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 manager of said election shall issue a certificate of election to the officers elected at said election, who shall take oath to well and truly discharge the duties of the offices. Annual elections of mayor and councilmen SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Mullis 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 Page 908 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 uninclosed premises; and the said mayor and council shall also have entire and absolute control and jurisdiction of all soil-pipes, private sewers and drains, 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 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 contrivance or 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 laid within fifteen feet of the building required to be guttered. Corporate powers. SEC. 5. Be it further enacted by authority aforesaid, That the sale of liquor within the corporate limits of said town is hereby prohibited. Sale of liquor. SEC. 6. Be it further enacted, That said mayor may hold police courts, try offenders for violations 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 Page 909 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 from the mayor and council upon such terms as may be prescribed by said mayor and council. Police court. 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 the State, and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their offices, and fix their compensation. Said mayor and council are authorized to appoint a tax-assessor, or assessors, should more than one be required, to assess the taxable property of said town and perform such other services as may be required in connection with said office, fix the compensation of such assessors 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. 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. Taxation. 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. 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, Page 910 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. Compensation of mayor and councilmen SEC. 12. 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. Legislative powers. SEC. 13. 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 each. Street work or tax. SEC. 14. Be it further enacted, That all 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 law. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 1, 1906. NASHVILLE, CITY OF, CHARTER AMENDED. No. 661. An Act to amend the charter of the city of Nashville, providing for the extension of the corporate limits of said city, and also providing for amendment or repeal of existing laws relating to the extension of the corporate limits of the city of Nashville, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the corporate limits of the city of Nashville are hereby extended as follows: That the corporate limits of the city of Nashville shall extend one mile in every direction from the center of the present court-house, now located in said city. Nashville, city of, corporate limits. Page 911 SEC. 2. Be it further enacted by authority of the same, That the jurisdiction and all the charter rights and powers of the said mayor and council of the city of Nashville for all purposes are hereby extended to and over said territory and the territory included in the distance of one mile in every direction from the center of the present court-house within said city, and that said described territory is made a part of the city of Nashville, and all ordinances, resolutions, rules and regulations of the mayor and council of the city of Nashville, and of the board of health of the city of Nashville, now of force or that may be enacted in the future, shall be of full force and effect in said territory herein described. Jurisdiction of city government. SEC. 3. Be it further enacted by authority of the same, That the mayor and council of the city of Nashville shall have full power and authority, and are hereby vested with power and authority to select, lay out, contend, purchase, curb and name such of the roads in the territory hereinafter set forth, to be adopted and known as streets and alleys in the city of Nashville, as they have under the charter creating the city of Nashville, which said charter was approved on December 17, 1900 (Acts 1900, page 374). The mayor and council of the city of Nashville shall not be liable in any amount for any failure to keep in repair any of the roads or alleys in said territory, unless the same shall have been first selected and the title acquired by the city of Nashville named and laid out as streets or alleys. Streets, etc SEC. 4. Be it further enacted by authority of the same, That this Act amending the charter of the city of Nashville as aforesaid shall not be and become a law until it is first submitted to all legal voters within said territory to be taken in and not now within said limits; the election to be held shall be held under the same law and rules governing the election of mayor and council for the city of Nashville. All favoring the amendment shall have written or printed on their ballot For amendment; all those voting or opposing the amendment shall have written upon their ballot the words Against amendment. The result of the election shall be declared by the mayor and council of the city of Nashville, and if a majority of the persons voting in said election shall be in favor of the amendment, the mayor and city council of the city of Nashville shall so declare and enter same upon their minutes and the amendment shall be and become operative and a law immediately upon declaring the result of the election, if in favor of the amendment. If a majority of the voters voting in said election shall be against the amendment, Page 912 the mayor and council shall so declare and place the same upon their minutes and this Act shall not become a law. Ratification SEC. 5. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. NAYLOR, TOWN OF, INCORPORATED. No. 657. An Act to incorporate the town of Naylor, on the Atlantic Coast Line Railroad, in the county of Lowndes; to define the limits thereof; to provide for a public-school system, and a system of sanitary sewerage; to provide for a mayor and council, and other officers of said town, and granting certain other 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 inhabitants of the town of Naylor, on the Atlantic Coast Line Railroad, in the county of Lowndes, and within the limits of said town, as hereinafter described and defined, be, and they are, hereby incorporated, and made a body politic and corporate under the name and style of the Town of Naylor. Naylor, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits and boundaries of said town shall extend one thousand yards in each and every direction from the center of the crossing of the Atlantic Coast Line Railroad and the Milltown and Stateville public road. Corporate limits. SEC. 3. Be it further enacted, That the said corporation shall in the said name have perpetual succession, have and use a common seal, have power to contract and be contracted with, sue and be sued, plead and be impleaded, with, in any and all courts, and shall have power and authority to buy, purchase, receive, have, own, hold, use, possess, enjoy, lease, rent, manage, improve, sell, convey and make titles to any and all property, real or personal, for corporate purposes, and for the use and benefit of said corporation for corporate purposes and interest. Corporate powers. SEC. 4. Be it further enacted, That the municipal government of said town shall be vested in a mayor and four councilmen, who shall have power and authority, and in said corporate name, to make and pass all such by-laws, ordinances, rules and regulations Page 913 for the government of said town, and its inhabitants as they may see proper, not in conflict with this charter nor the Constitution nor laws of the State of Georgia, nor of the United States. Mayor and councilmen SEC. 5. Be it further enacted, That until an election shall be held for the purpose of electing, and at which a mayor and four councilmen shall be elected, R. T. Gupton shall be mayor, and J. Phillip Carter, J. E. Sweat, A. J. Baldwin and Geo. W. Carroll shall be councilmen of said town, and they shall hold their respective offices until their successors are elected and qualified, and shall have all the power and authority given to the mayor and councilmen of said town by this charter, and which the mayor and council of said town will have under the laws of this State. Mayor and councilmen appointed. SEC. 6. Be it further enacted, That an election shall be held in the said town at such place as shall be selected by the mayor and council, which shall be at some public and convenient place, on the first Wednesday in February, 1907, between the hours of eight o'clock a.m. and three o'clock p.m., and annually thereafter at the same time and place, and within the same hours, at which a mayor and four councilmen shall be elected, who shall, in all cases, hold their offices and serve as mayor and council of said town for two years from the date of their election, and until their successors are elected and qualified. Elections of mayor and councilmen SEC. 7. Be it further enacted, That no person shall be qualified to serve, or shall be elected as mayor or councilmen of said town, who has not been a bona-fide resident of said town for a term of one year next preceding his election. Qualifications of mayor and councilmen. SEC. 8. Be it further enacted, That said election shall be held under the superintendence of a justice of the peace and two freeholders, or three freeholders, as may be most convenient at the time, all of whom shall be residents of said town, and under the same forms and regulations as are prescribed by the laws of said State for holding elections to elect members of the General Assembly. Election managers. SEC. 9. Be it further enacted, That at said election, and all municipal elections held in said town, all the qualified voters of said town shall have the right to vote, and no others; and that the term qualified voter shall apply to all male citizens of said town who are qualified to vote for members of the General Assembly, who shall have paid all taxes due to said town by them, and who shall have actually and bona fide resided in said town for twelve months next preceding such election, and who shall have complied with all the requirements of said town, that may be prescribed by the mayor and council prescribing the qualification Page 914 of voters. The mayor and council shall have the right, if they see proper, to provide for the registration of the qualified voters of said town prior to any municipal election held in said town, and make any and all needful rules and regulations for said registration, and to provide that no person shall vote who is not registered. Electors. SEC. 10. Be it further enacted, That as soon as said election has been held and the result ascertained by a count of the votes, the superintendents of such election shall declare the result, and shall immediately, or as soon thereafter as practicable, and always within ten days from the date of said election, issue written or printed certificates of election to such persons as received the highest number of legal votes polled at such election, for the offices of mayor and council, respectively, which said certificate shall be signed by all said superintendents of such election, and shall certify that the person receiving said certificate, and who shall be named therein, having received a majority of the legal votes cast at any such election, is the duly elected mayor, or councilmen, of the town of Naylor for the term of two years from the date of such election, or until his successor is elected and qualified, and any superintendent of such election may be compelled, by mandamus, in the usual way, to issue such certificate. Election results, how declared. SEC. 11. Be it further enacted, That within ten days after the said election, or any municipal election for the election of a mayor and council of said town, or as soon thereafter as practicable, the persons receiving the said certificates issued in the manner and by the person provided shall meet at the usual place of meeting of the mayor and council of said town, which said place shall at all times be determined by the mayor and council, and qualify by taking and subscribing the following oath, to wit: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor, or councilmen, as the case may be, of the town of Naylor during my term of office, or my continuance therein, according to the best of my ability and understanding; so help me God, and shall immediately upon the taking of said oath enter upon the discharge of their duties as mayor and councilmen of said town. Oath of mayor and councilmen SEC. 12. Be it further enacted, That the mayor and councilmen of said town shall meet once a month in regular session for the transaction of the business of said town, and the passage of rules, ordinances, by-laws and regulations for the government and control of said town, and not oftener, except when it shall be thought necessary, the mayor, or in his absence the mayor pro tem., may, at the request of two councilmen, or on his own motion, Page 915 in his discretion, call a meeting of the mayor and council at any time. It shall be the duty of the mayor and council, at their first meeting after their election, to elect a mayor pro tem., and the mayor, or the mayor pro tem., shall preside at all meetings of the mayor and council, and in case of absence of both the mayor and mayor pro tem., the council may elect some one to act as mayor pro tem., the mayor pro tem. in all cases to be a member of the council. The mayor or mayor pro tem., when presiding over any regular or called meeting of the mayor and council, shall not have the right to vote, except in case of a tie, when he shall cast the deciding vote. The mayor, or mayor pro tem., and two councilmen shall constitute a quorum for the transaction of business. Meetings of council. SEC. 13. Be it further enacted, That the mayor shall be the chief executive of said town, and it shall be his duty to see that all laws and ordinances, rules, by-laws, resolutions and regulations passed by the mayor and council of said town, are faithfully executed and enforced, and in the absence of the mayor, or when from sickness or any cause he is unable or disqualified to act, the mayor pro tem. shall have all the power and authority conferred upon the mayor, and shall in like manner see that all of the laws and ordinances, rules and regulations of said town are executed and enforced, and do any and all things that it would be the duty of the mayor to do, if acting. Executive powers of mayor. SEC. 14. Be it further enacted, That said mayor and council shall have the power and authority, and it shall be their duty, to create all such offices as they may think necessary to carry into execution, and enforce the laws and ordinances, rules, by-laws and regulations of said town, such as the office of marshal of Naylor, clerk of the mayor and council of Naylor, treasurer of Naylor, tax-collector and tax-receiver of Naylor, and any other office deemed proper and best to create, and the offices of tax-collector, tax-receiver, clerk and treasurer may each be filled by a separate person, or one person may fill any or all of them, as the mayor and council may provide from time to time, and prescribe the duties of all such officers. Officers. SEC. 15. Be it further enacted, That it shall be the duty of mayor and council of said town, at their first meeting after they are elected and qualified, or as soon thereafter as practicable, to elect officers to fill such offices as have been created, including the marshal, clerk, treasurer, tax-collector and tax-receiver, and other officers, if any; and the officers so elected shall, before entering upon the discharge of their respective duties as such officers, give bond in such sum as the mayor and council may prescribe, Page 916 payable to the town of Naylor, and conditioned for the faithful discharge of their duties as such officers, respectively, and shall take and subscribe the following oath: I do solemnly swear that I will faithfully, and to the best of my ability and understanding, discharge the duties of the office of marshal of Naylor (or any other office, as the case may be) during my continuation in office; so help [Illegible Text] God, and that suit may be maintained in said corporate name for a breach of any such bond. Officers. SEC. 16. Be it further enacted, That the mayor, or mayor pro tem., of said town, as the case may be, shall hold a mayor's court in said town at any and all times, when necessary, and at such place as the mayor and council may prescribe, and in the absence of any special provision, then at the usual place of meeting of the mayor and council, for the trial of persons charged with violating any ordinance, rule or regulation of said town, and such person shall be acquitted or convicted, as the law and evidence may demand in any particular case. Upon any person being legally convicted before the mayor, or mayor pro tem., of said town, such person shall be punished in the discretion of [Illegible Text] mayor, or mayor pro tem., in a sum not to exceed two hundred dollars, or be sentenced to work on the streets or public works of said town, under the direct supervision of the authorities of said town, in the discretion of the mayor or mayor pro tem., not to exceed six months, either or both, or any part of either, in the discretion of the mayor, or mayor pro tem. In case of fine, and refusal to pay the same, such fine may be collected by levy and sale, under an execution, to be issued by the clerk, directed to the marshal of Naylor, and bearing test in the name of the mayor, and which shall be levied by the marshal, or other public officer, on any property of the offender to be found in said town, and shall be sold on any day after written notice posted in three public places in said town for ten days, one of said notices to be posted, and said sale to take place at the door, or before the door, of the house where the mayor's courts are held, after the payment of such fine and all costs, the remainder of the proceeds of such sale to be paid over to such offender, or if he is not accessible, to be placed to his credit with the treasurer of said town. Mayor's court. SEC. 17. Be it further enacted, That when any person is arrested and brought before or shall appear before the mayor's court charged with the violation of any ordinance, rule or regulation of said town, and shall not be ready for trial, or the city authorities shall not be ready for trial, it shall be the duty of the mayor, or mayor pro tem., to continue the hearing upon such charge from time to time, as in his sound discretion justice Page 917 may require, after hearing and considering a motion to postpone, and in all such cases, and in any and all cases, where for any reason the case is not ready for trial the accused shall be required to give bond and security in such sum as the mayor, mayor pro tem., marshal or other police officer may require, for his appearance before the mayor's court, [Illegible Text] such time and place as the cause may be contined to, or in default of such bond, shall be imprisoned in the calaboose or guard-house of said town to await trial. When bond is given and the accused shall fail to appear at the time and place, and before the court specified, the bond shall be forfeited by the mayor, or mayor pro tem., in the same manner that other criminal bonds are forfeited, and judgment absolute entered thereon by the mayor, or mayor pro tem., after five days' notice to the principal and his securities, by service of a rule nisi, to be issued by the mayor, or mayor pro tem., requiring such principal and sureties to show cause at the mayor's court to be held at a time and place specified why said bond should not be forfeited, and without notice, if it shall be made satisfactorily to appear that said principal or sureties are not to be found within the limits of said town, and do not reside therein. Upon such judgment absolute an execution shall be issued by the clerk directed to the marshal of Naylor, directing him to levy on and sell all such property of the defendants, or either of them, as shall be found within the limits of said town, and same shall be sold at such time and place, and after such notice as prescribed in section 16 for sale of property to collect fines. Appearance bonds. SEC. 18. Be it further enacted, That in case of vacancy in the office of mayor or councilmen by death, resignation or otherwise, an election to fill such vacancy shall be ordered by the mayor and council to be held at such time and place as they may specify, to be held as other municipal elections for said town are held, after public notice of the same has been posted at the door of the usual place of meeting of the mayor and council, and one other place in said town for ten days. Vacancies. SEC. 19. Be it further enacted, That said mayor and council shall have power and authority to prescribe by ordinance such penalties for all offenses against the ordinances, by-laws, rules and regulations of said city as they may deem proper, not exceeding the charter limits. Penalties. SEC. 20. Be it further enacted, That before any ordinance shall become a law it shall be read at three separate meetings of the mayor and council; provided, that an ordinance may be Page 918 passed at its first reading by unanimous consent of the mayor and council. Ordinances. SEC. 21. Be it further enacted, That the mayor or mayor pro tem. shall, during his term of office, have and exercise the criminal jurisdiction of a justice of the peace over all offenses committed within the limits of said town. Mayor, exofficio a justice of the peace. SEC. 22. Be it further enacted, That any officer of said corporation who shall be guilty of malpractice in office shall be subject to indictment by the [Illegible Text] jury of Lowndes county, and on conviction be punished as for a misdemeanor. Malpractice SEC. 23. Be it further enacted, That for good reason shown, on investigation had before the mayor and council, after five days' notice to the person whose conduct is to be investigated, the mayor and council may discharge any officer or employee appointed, employed or elected by said mayor and council, and fill the vacancy in same manner as the place was originally filled. Removal of officers. SEC. 24. Be it further enacted, That the mayor, clerk, marshal, treasurer, and all other officers and employees of said town, shall receive such salaries as the mayor and council may prescribe; provided, that no member of said council shall receive more than fifty dollars per annum; and provided, that the compensation of no officer of said town shall be increased during his term of office. Salaries. SEC. 25. Be it further enacted, That the marshal or other police officer of said town may arrest, without a warrant, any and all persons charged with violating any rule, resolution, by-law or ordinance of said town, and take such person before the mayor's court, or take bond for the apperance of such before the mayor's court to answer to said charge, said bond to be payable as provided elsewhere in this charter, and such officer shall have the power and authority to summon any citizen of said town to assist in making such arrest, and any person summoned to assist in making an arrest who shall fail or refuse so to do shall be guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction in this State be punished as for a misdemeanor; and in all cases of arrest or prosecution of any person charged with violating any rule, by-law or ordinance of said town, whether arrested with or without warrant, or where party has voluntarily appeared for trial, a case shall be docketed on the docket of the mayor's court, by the mayor, mayor pro tem., or marshal, or clerk, as the mayor and council may provide, and said case shall be sounded and disposed of at the next session of the mayor's court, unless continued. Arrest. Page 919 SEC. 26. Be it further enacted, That the mayor, or mayor pro tem., when presiding over the mayor's court on a meeting of the mayor and council, shall have power and authority to preserve order, and fine any person for contempt of court or contempt of mayor and council, in a sum not to exceed fifty dollars, or sentence such person to work on the streets of the town not to exceed sixty days, or confine such person in the calaboose or guard-house not exceeding thirty days. Punitive powers. SEC. 27. Be it further enacted, That said mayor, mayor pro tem., and mayor and council, shall have full power and authority to compel the attendance of any and all parties or witnesses residents of or temporarily in said town, upon the mayor's court or at any meeting of the mayor and council, but any person desired as a witness in said court, or before said mayor and council, shall first be subp[oelig]naed to appear, the time and place to be specified, which subp[oelig]na may require an instanter appearance. All warrants, subp[oelig]nas, summons, executions or other processes shall be issued by the clerk, bear test in the name of the mayor, and be directed to the marshal, or other police officer of Naylor, and shall be served by such marshal or by any police officer of said town, except where otherwise specially provided. Witnesses. SEC. 28. Be it further enacted, That the sale within the corporate limits of said town of any kinds of wines, spirits or liquors, or spirituous, malt or intoxicating liquors, liquids or drinks, or any liquor, liquid or drink that will intoxicate or make drunk, shall be, and is, hereby prohibited; and the mayor and council, or any other person shall not have the power or authority to grant any license or permit for the sale of any such wines, liquors, liquids, or intoxicating drinks, or liquids, liquors or drinks that will intoxicate or make drunk, to any person, firm or corporation within the corporate limits of said town, and any person who, by himself or another, shall have or keep for sale, or procure another to have or keep for sale or offer for sale, or have or procure another to offer for sale, within the corporate limits of said town, any of the said wines, spirits, liquors, or malt, spirituous or intoxicating liquors or drinks, or liquor or drink, that will intoxicate or make drunk, shall be guilty of a misdemeanor, and shall upon conviction therefor in a court of competent jurisdiction of this State be punished as for a misdemeanor in the same manner as if this charter had not been granted. Sale of liquor. SEC. 29. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the said government, the mayor and council shall have full power and authority to levy and collect an ad valorem tax on the real and personal Page 920 property within the corporate limits of said town, not to exceed fifty cents on the hundred dollars, exclusive of taxation for public schools, the collection of which may be enforced by levy and sale under execution, to be issued by the clerk, as provided in section 27 of this Act, and which shall be levied by the marshal on any property of the person against whom such execution may be issued, to be found within the corporate limits of said town, and said property, if personalty, shall be sold before the door of the usual place of holding the mayor's court, between the hours of ten o'clock a.m. and three o'clock p.m., by the marshal, after posting notice thereof at such place of sale, and one other public place in said town for ten days; but, when the levy of such tax fi. fa. is on realty, the marshal shall turn said fi. fa. and the entry of levy thereon over to the sheriff of Lowndes county, who shall advertise and sell such realty, in the same manner, time and place, as sales of realty are made under State and county tax fi. fas. Any person claiming the property so levied on, whether real or personal, may file claim thereto, as in other cases of levy of execution, and have same returned to the court having proper jurisdiction thereof for hearing. Taxation. SEC. 30. Be it further enacted, That the mayor and council shall provide for the assessment of all taxes, and for the making of the returns of the same, under oath, to the clerk or other officer, of all property, and the value thereof on any given date. Assessments and returns. SEC. 31. Be it further enacted, That the mayor and council, if they deem proper, may appoint tax-appraisers, to appraise and assess all the property of said town, or may accept as final the voluntary returns of taxes under oath to such persons as they may designate at the values returned. But in the event the mayor and council shall decide to have tax-appraisers, they shall so declare by resolution, to be spread upon the minutes of the mayor and council, and each set of officers may act in this matter for themselves, and shall appoint, at their first regular meeting after their election and qualification, or as soon thereafter as convenient, elect three freeholders of said town to be tax-appraisers, who shall hold their office for two years, unless sooner removed by the mayor and council; and all vacancies occurring in said offices by death, resignation or otherwise, shall be immediately filled, when necessary, by the mayor and council. Tax appraisers. Said appraisers shall, before entering upon the discharge of their duties, take and subscribe before some person authorized to administer oaths an oath to faithfully perform the duties of their office to the best of their ability and without favor to any party. Said appraisers shall be paid for their services such sum as the Page 921 mayor and council may prescribe, not to exceed fifty dollars each, for each year they serve. SEC. 32. Be it further enacted, That it shall be the duty of every citizen of said town, and they are hereby required, when the mayor and council have appointed tax-appraisers for any year, or years, to make annual returns, under oath, to said board of tax-appraisers, on blanks to be furnished by the mayor and council, or by said appraisers at the expense of said mayor and council, within the time prescribed by the board of tax-appraisers, a full and complete schedule of all their taxable property held in their own right or on behalf of other persons, also their trades, business, occupation and professions, in said city, and in case any person shall fail or refuse to make such return, or make a return deemed by the board of tax-appraisers incorrect, said board of appraisers shall assess the property of such person, or persons, and fix such valuation thereon as they may deem correct and just. A majority of said board will constitute a quorum, but in case of disagreement by two as to the value of any property, the matter shall be settled by the third. It shall be the duty of said tax-appraisers to meet at such time and place as they may decide, and scrutinize carefully each and every tax return of real or personal property made by any taxpayer of said city, and if in their judgment the property embraced in such return, or any part thereof, is returned below the fair market value of said property, or the return is incomplete or incorrect, or they shall find property left out of such return, said appraisers shall assess the market value of said property so returned, or failed to be returned, and complete or correct said return in thirty days, or within such other time as the mayor and council may prescribe, after the time of returning taxes has expired. The appraisers may decrease any return they may think too high; and when any return is increased, or any assessment has been made on any property not returned, said appraisers shall give such property-owner whose property has been assessed or the valuation of whose property has been increased ten days' written notice of their assessment, and the time and place when any objections to said assessment will be heard, and such taxpayer or owner of property shall if dissatisfied with said assessment appear before the board of appraisers at the time and place specified in said notice, and in ten days after the service of said notice, and make objections to said assessment, and show that it is too high, or unfair or unjust, and that it should not stand, and the appraisers shall hear such objections fully, and lower such assessment, or let it stand, as they think proper; and such property-owner may, in event of Page 922 dissatisfaction, appeal from their decision to the mayor and council, by giving notice to the appraisers of his desire to appeal; and in all such cases of appeal it shall be the duty of the mayor and council to hear and consider such matters on appeal fully, and pass upon same, and the decision of the mayor and council shall be final. Tax values, how fixed. Should any person, firm or corporation subject to be taxed by the said town or its authorities fail to give in or make return of his, its or their property as provided by this Act, within the time provided by law, without satisfactory excuse therefor, made under oath, to said tax-appraisers, the property of such person, firm or corporation shall be double-taxed by the tax-appraisers, but the mayor and council shall have the power and authority to relieve such person, firm or corporation from a double tax on any such property not returned, on appeal made by giving notice to the tax-appraisers of a desire to appeal. In all cases of appeal to the mayor and council from any decision, order or ruling of the said tax-appraisers, it shall be their duty to turn over to the clerk all the papers and documents relating to such matter. SEC. 33. Be it further enacted, That the said mayor and council shall have power and authority, in addition to the ad valorem tax above provided for, to levy and collect a special tax, in such sum as they may prescribe, upon all circuses, sleight-of-hand performances, tricks of legerdemain, theatrical exhibitions, and any and all other shows which may exhibit in said town; such tax to be for each exhibition. Said mayor and council shall also have the power and authority to levy and collect such license tax upon any business, occupation, calling, or profession of whatever kind or character, carried on for any length of time in said town, including peddlers and itinerant traders, and to enforce the collection of said special or license tax in the same manner as provided in this charter for collection of other taxes; provided, that the said mayor and council shall have the authority to demand the payment of such special or license tax as provided in this section before any person shall be allowed to exhibit, show, perform or carry on any such business, occupation or profession, and any person who shall, by himself or for himself or another, or who shall have another for him, begin or carry on any such business, trade, calling or profession, or who shall in like manner exhibitor show or perform, in the manner provided in this section, without paying such special or license tax, after same has been demanded of him by the proper authorities of said town, shall be punished by fine, or sentence to work on the streets or public Page 923 works of said town, as they, mayor and council, may prescribe, upon conviction in the mayor's court. Special taxes. SEC. 34. Be it further enacted, That no tenpin-alley, or alley of similar or like character, or billiard or pool table, or other table of like character, or any table or alley for the purpose of gaming or carrying on games, or where games are carried on or played, or any wheel of fortune, or rink, or knife-pitching or sticking, or throwing table or place, or dice-throwing place or table, or place where any scheme or device or game of chance is carried on shall be allowed or permitted in the limit of said town, and same is hereby prohibited, and the mayor and council shall have no power and authority to give, grant or sell any license or permit to any firm or corporation for any such purpose; and any person who shall, by or for himself or another, or who shall have another for him, have, keep, maintain, run, operate, carry on, or attempt to have, keep, maintain, run, operate or have run or operated, in said town, any such place, table, alley, wheel, instrument or thing as described in this section, shall be guilty of a misdemeanor, and shall, upon conviction, be punished as for a misdemeanor. Games of chance. SEC. 35. Be it further enacted, That the said mayor and council shall have the power and authority to require any firm, corporation or person desiring to do business in said town, or who shall engage in, prosecute or carry on any business, occupation, calling or profession in said town, to register with the clerk and pay a registration fee, not to exceed twenty-five cents, which shall go into the treasury. Registration tax. SEC. 36. Be it further enacted, That there shall be a lien on all the property of the citizens, firms, corporations and inhabitants of said town, both real and personal, situated therein, for corporate taxes, special, ad valorem or license tax, and for all fines and penalties assessed against the owners thereof from the date they are assessed or imposed, which shall be superior to all lines or claims, except liens in favor of the State and county for State and county taxes. Liens for taxes. SEC. 37. Be it further enacted, That said mayor and council shall have full power and authority over the streets, sidewalks and alleys of said town, with authority to open and lay out new streets and alleys and widen, straighten and change same, including power to curb, pave, drain and repair same, and build and repair bridges, including power and authority to dig, open and maintain such ditches and canals both inside and outside of the town limits as they may think necessary in order to provide for the proper drainage of said town and the protection of the Page 924 health, persons, lives and property of the citizens and public; and shall have power and authority to remove any and all obstructions or nuisances from any street, sidewalk or alley, and may remove such obstructions or nuisances at the expense of the person placing same therein, after reasonable notice to such person and a failure to remove, and said expenses may be collected by execution to be issued, levied and sold as in case of fines for offenses against the town. Streets, etc. SEC. 38. Be it further enacted, That said mayor and council shall have the power and authority, and it shall be their duty, to provide for the working and repairing, keeping and maintaining of the streets, sidewalks and alleys of said town, and all ditches, drains and canals necessary to be dug or maintained, or for the removing of obstructions and nuisances therefrom; and to that end may compel all persons residing in said town who are subject to road duty under the laws of this State to work on the streets, sidewalks, alleys, ditches and canals of said town, or kept up and maintained by said town, not exceeding ten days in any one year, but may receive in lieu of said work a commutation tax or fee of such person not to exceed three dollars per annum; and the mayor, or mayor pro tem., shall have the same power to punish defaulters as the commissioners of roads and revenues of Lowndes county have to punish road defaulters, after the same notice and service as the commissioners of roads and revenues are required to give road defaulters, and the said mayor and council shall have the authority to use the said commutation tax and as much other funds arising from taxes, fines, license, etc., as may be necessary to pay for such work as is provided to be done in this section. Street work or tax. SEC. 39. 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 town, and to acquire any property or rights, either within or without said town, necessary and appropriate for such purpose; or for the purpose of digging or maintaining any ditch or canal for draining said town and surroundings without a system of sewerage. Sanitation. SEC. 40. Be it further enacted, That in any and all cases where it becomes or is necessary to take or use private property, or injure the same, or when same is used or injured for the purpose of laying out, straightening, widening or repairing any street, alley or sidewalk of said town, or for the digging or maintaining and operating any ditch, sewer or canal, for drainage purposes, in or about said town, or for the purpose of maintaining and Page 925 operating a sewerage system as provided by this Act, whether such property be in or outside said city, the said mayor and council shall agree with the owner of such property so damaged or taken, as to the value of same or damage done, when it can be done, but when the said mayor and council and the owner can not agree, the said mayor and council shall have the power and authority to condemn and take such property as may be so necessary for the purpose aforesaid; and the said mayor and council shall cause to be served on the owner, or owners, of such property so damaged or taken, or his agent or attorney, who may be acting for him in said manner, ten days' written notice of their intention to condemn such property, or do any act that may or will damage any property of such owner, which notice must describe the property sought to be condemned, or that will be damaged, and the purpose for which it is to be used, and the time and place when the proceeding to condemn such property will be held in said town, or where said property is located, if outside the town, as the mayor and council may decide; and it shall be the duty of said mayor and council to appoint one freeholder of said town and the owner of the property, his agent or attorney authorized for him shall appoint a freeholder of said town, but if the property is outside the town such freeholders may reside in or out of the town; provided, if said owner or owners, or his or their agent or attorney, as the case may be, shall fail or refuse to appoint such freeholders, then the mayor and council shall appoint a second freeholder and said two freeholders appointed in either way shall select a third freeholder of said town, unless the property be out of the town, in which case the third freeholder may be in or out of the town, and the three freeholders so elected shall, after taking an oath before some person authorized to administer the same, to faithfully and impartially discharge their duties as such arbitrator, hear all legal and proper evidence offered by either party, and assess the amount of compensation to be paid to such property-owners for any property taken or damaged for the purpose set forth in this Act, and render their award in writing, and file same with the clerk, who shall record it upon the minutes of the mayor and council, and must be signed by two of them, and in making such assessment or award said person so selected and acting shall take into consideration any immediate increase in value of the property of the owner, other than that so taken, and in rendering their award deduct such increase in value from the value of the property taken or the amount of the damage sustained and render their award for the difference, but in no Page 926 case shall said assessors award anything to the town against such owner for any excess or increase in value or advantage to the owner, over and above the value of the property taken or the damages done, but may in their discretion adjudge them equal; provided further, that any party dissatisfied with the award of the assessors may within four days after the award is filed with the clerk enter an appeal to the court having jurisdiction of the subject-matter, and if the award is in regard to realty, said appeal shall be to the superior court of Lowndes county, the appeals to be made in the same manner as appeals from justices' courts are made; and in all cases the mayor and council upon payment or tender to the owner or owners thereof, or his or their agent authorized to receive the same, or attorney at law representing such owner in said case, of the sum found by the assessors, shall have the right to proceed to open and lay out, widen, straighten, repair or otherwise change the street, alley, sidewalk, as the case may be, or cut, dig, open and maintain any ditch or alley in or through any land in question, or appropriate such lands, or condemn such property, and appropriate same, real or personal, as may have been the subject-matter of said award pending said appeal; and in the event the appellant shall not recover a larger sum than the amount of the award, on appeal, such appellant shall pay the cost of the appeal, and all awards or judgments in favor of any person, in such condemnation proceeding, shall be paid by the treasurer out of the general funds on the warrant of the mayor, countersigned by the clerk, and in the event of failure or refusal of the town authorities to pay any such award or judgment, when the same has become final, by not being appealed from within the time allowed, execution shall be issued thereon against said town by the clerk of the superior court, and directed, levied, and the property of said town sold, as in cases of other general executions from said court, and when no appeal has been made from such award, such execution shall issue upon a certified transcript of said award from the minutes of the mayor and council, being filed with said clerk of the superior court, together with the certificate of the clerk or the mayor and council that said award has not been appealed from nor paid. Condemnation. SEC. 41. Be it further enacted, That said mayor and council shall have full power and authority and control of all pipes, sewers, private drains, water-closets and privy vaults in said town, with power to prescribe their location, structure, use and preservation, and to make such regulations concerning them as may be deemed best for the preservation of the health of the public; and shall have power to condemn and destroy any water-closet or urinal in Page 927 said town not made, kept or maintained according to the rules and regulations prescribed by the mayor and council. They shall have power and authority to compel all property-owners to connect water-closets and urinals on the premises of such property-owner with the sanitary sewers of said town, when such property is located on or reasonably accessible to the streets where there are sanitary sewers, and under such rules and regulations as said mayor and council may prescribe, and when any such property-owner fails or refuses to connect any water-closet or urinal on his, her or their premises with the sanitary sewers within the time prescribed by the mayor and council, the said mayor and council may make such connection and provide all necessary fixtures, and assess the cost of such connection and fixtures against such owner and his property, and said mayor and council shall have power and authority to force collection of such expenses by execution, to be issued by the clerk, and levy and sell as provided in case of executions to collect taxes, the said assessment to be a lien on all the property of the property-owner in said town. Sanitation. SEC. 42. Be it further enacted, That said mayor and council shall have the power and authority to establish and operate a system of waterworks and electric lights in and for said town, with power and authority to acquire any property or property rights, within or without the town limits, necessary for said purposes, including the bringing into said town and distribution of the water. And whenever it may be necessary to take or use private property or rights for either of said purposes, and said mayor and council and the owner or owners of such property to be taken or damaged can not agree as to the value of said property or the amount of damages, then the compensation or damages shall be assessed as provided in this charter for the condemnation of property, and the assessment of values and damages in cases of property taken or damaged for sewerage or drainage purposes. The said mayor and council shall have power and authority to make such rules and regulations as they may think best relative to the introduction of water upon the premises, public and private, and the manner in which same shall be used, and to appoint superintendents or inspectors, who shall have power and authority at all reasonable or necessary times to enter any dwelling or other place where said water is taken and used and with power to inspect all service pipes and other things connected with such waterworks system, to ascertain and locate leaks, or defects of any kind, and whether any material used is of grade prescribed by the mayor and council, and any person interfering with any inspector in the performance of such duties shall, upon Page 928 a conviction therefor, be punished as may be prescribed by the mayor and council. Said mayor and council shall have the power and authority to fix the price that shall be paid for water and the time of payment, and to make any and all rules and regulations they may think necessary for the successful and effective use and operation of a system of waterworks in and for said town. If any person shall intentionally divert, obstruct or interfere with the water had or to be used in connection with said waterworks, or corrupt or render the same impure, or shall destroy or injure any canal or public conduit or machinery or other property connected with said waterworks or of said town, such person or persons shall be guilty of a misdemeanor, and shall, upon conviction therefor in a court of competent jurisdiction, be punished for a misdemeanor as prescribed by the Code of Georgia. Water and light. SEC. 43. Be it further enacted, That said mayor and council shall have power and authority to pave, grade, and otherwise improve the streets, sidewalks and alleys of said town, and assess two-thirds of the cost of paving and otherwise improving the sidewalks of said town, including the necessary curbing, on the real estate abutting on the street and on the side of the street on which the sidewalk is improved, and to assess one-third of the cost of grading, paving and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved, the other one-third to be paved by the city, unless there is a railroad on it or street car line running through or any of it, when such railroad or street-car line shall pay such pro rata part of the expense of paving said street as the mayor and council may prescribe, and all such assessments shall be a lien on the property fronting on said street or sidewalk improved, which assessment shall be according to frontage of such real estate on such street or sidewalk, and the mayor and council shall have power and authority to enforce collection of any assessment so made by execution to be issued by the clerk of council against real estate so assessed, and against the owner thereof at the date of making the assessment, which execution shall be directed to and levied by the marshal of said town, and when levied on said real estate same shall be advertised and sold by the sheriffs of Lowndes county, as in cases of sales of lands for State and county taxes, and said mayor and council shall have power and authority to make any and all needful rules and regulations and provisions for the proper paving, improving and maintaining its streets and sidewalks. Street improvements SEC. 44. Be it further enacted, That whenever any property is Page 929 levied by virtue of any execution or other process issued as provided in this charter, the defendant in such execution or process may file an illegality thereto in the same manner and under same rules and regulations as illegalities are filed and tried in other cases; any person, firm or corporation, other than such defendant claiming said property or any interest therein, shall have the right to file a claim thereto, and have the same tried in the same manner and under the same rules as claims in cases of levy and execution are filed and tried when issued from the city, justice or superior courts of this State. Illegality to execution. SEC. 45. Be it further enated, That said mayor and council shall have full power and authority to create a board of health and prescribe the duties of such board, and punish any violation of any rule or regulation of the board of health in such manner as may be prescribed by ordinance, and to pass any ordinance, rule or regulation they may see proper for the protection of the health of the citizens of said town against smallpox, yellow fever, or any infectious or contagious or other diseases, and prescribe proper fines and punishment for the violations of same, and provide for the enforcement of same, including compulsory vaccination and the isolation and confinement within or without the city of any person sick with or who has been exposed to any infectious or contagious disease, providing that any person who is willing and able to hire, and does hire, some proper person, to be adjudged of by the chairman of the board of health or the mayor, to guard the house or premises where such person is sick, shall not be removed from such premises, but shall be so guarded there, unless necessary for the protection of other inmates of the same house or premises. Board of health. SEC. 46. Be it further enacted, That said mayor and council shall have full power and authority to establish a fire limit in said town, and prescribe what kind of buildings only, and of what material, shall be constructed within said limits; and to provide that any person about to build a house or other structure in said fire limits shall first secure a permit from the mayor and council on application made to them, which shall define the location and give a description of the proposed house or other structure; and provide suitable punishment for violations of any such provisions; and shall have power and authority to provide for the destruction of any house or structure built within said fire limits without such permit, not built in accordance with such rules and regulations as may be prescribed. Fire limits SEC. 47. Be it further enacted, That said mayor and council Page 930 shall have power and authority to inaugurate a system of inspection of meat markets and rules and regulations under which such markets shall be run, and to abate, as nuisances, in the usual manner of abating nuisances, any meat market or other market not kept and run in accordance with such provisions as they may prescribe, and provide for the punishment of any violation of such rules. Markets. SEC. 48. Be it further enacted, That said mayor and council shall have power and authority to elect, or appoint a building inspector and prescribe his duties and compensation. Building Inspector. SEC. 49. Be it further enacted, That the said mayor and council may abate all nuisances in said town, including the destruction of any building or other structure that may be condemned by the building inspector, in the usual manner of abating nuisances, or in such summary manner as they may prescribe, and provide for the collection of the expenses thereof by ordinance out of the property or owner or maintainer of such nuisance. Nuisances. SEC. 50. Be it further enacted, That the said mayor and council shall have the power and authority to provide cemeteries or suitable places for the burial of the dead, within or without the city limits, and for such purpose may acquire property by gift or purchase, and may pass all rules and regulations in regard to interments therein, and in regard thereto, as they may think proper, including the sale of lots therein to private persons for burial purposes only, and may expend such amount as may be necessary to have it properly kept and maintained. [Illegible Text] SEC. 51. Be it further enacted, That said mayor and council shall have the power and authority to build, construct, purchase and maintain a calaboose, or guardhouse, in which to confine persons charged with violations of ordinances of said town while awaiting trial, and to confine for punishment when convicted, and for the safe detention of all persons who are at the time disorderly. City prison. SEC. 52. Be it further enacted, That said mayor and council shall have the power and authority to prevent by ordinance the running at large in said town of any and all animals or regulate the same, and provide for the impounding of same, and keeping and maintaining same while impounded, and the collection of impounding fees and expenses, and for the sale of any such animals when the fees are not paid. Animals. SEC. 53. Be it further enacted, That all officers of said town shall be paid salaries, and in any case of a fee prescribed, charged or paid, it shall go into the treasury and become a part of the public fund. Salaries. Page 931 SEC. 54. Be it further enacted, That the marshal, clerk, treasurer and other officers of said town shall make to the mayor and council monthly or quarterly statements as the mayor and council may prescribe, giving a full and complete itemized statement of the condition of their respective offices and the receipts and disbursements and balances on hand, and containing any and all information in regard to such offices as is necessary to a complete and full understanding of the true condition of such respective offices, and shall make to the mayor and council from time to time such suggestions and recommendations as to needed legislation in regard to their offices as they may see proper, and shall each make a full annual statement at the last regular meeting in each year, and the mayor and council shall annually inspect, or have inspected, the books of all the officers of said town, and may employ an accountant for said purpose. Reports of officers. SEC. 55. Be it further enacted, That said mayor and council shall have power and authority and be authorized to appropriate from the treasury of said town such amount of money for the relief of any poor person or other strictly charitable purpose as they may see proper, where such persons or objects are within the limits of said town. Charity. SEC. 56. Be it further enacted by the authority aforesaid, That whenever the corporate authorities of said town of Naylor shall so recommend, there may be established in said town a system of public schools, to be established, conducted, supported and maintained in the manner hereinafter provided. Public schools. SEC. 57. Be it further enacted, That whenever the corporate authorities of said town shall recommend by appropriate resolutions, to be passed in regular session and spread upon the minutes, that there be a system of public schools established in said town, there shall be held in said town at the next regular election held to elect a mayor and council of said town, after the passage of said resolution by the mayor and council, an election on the question of local taxation for the support of said system of public schools, at which all persons who are qualified to vote for mayor and council of said town shall be entitled to vote. Notice of said election shall be given by advertising same in the Valdosta Times once a week for four weeks, and by posting same at the usual place of meeting of the mayor and council of Naylor for four weeks. At said election all voters who favor such local taxation for public schools shall have written or printed on their ballots For public schools, and those who oppose taxation for public schools shall have written or printed on their ballots Against public schools, and in case two-thirds of the votes cast Page 932 at such election shall be for public schools, then it shall be the duty of the managers of the said election to declare the result thereof, in writing, in favor of a public-school system, and if two-thirds of the votes cast at said election are not cast for public schools, such managers shall declare the result of said election to be against public schools. The result so declared by the said managers shall be filed with the clerk of the mayor and council, and the mayor and council shall, by appropriate resolution, in event two-thirds of the votes cast at said election were cast in favor of a public-school system, upon the result so appearing from the certificate filed with the clerk, declare the result of said election in favor of a public-school system, and shall declare the same established in and for the said town of Naylor. Public school system. In the event a public-school system is established in said town, in the manner herein provided, it shall be the duty of the mayor and council of said town of Naylor to assess, levy and collect annually by taxation a sum sufficient to establish, maintain and support said public-school system; provided, said assessment and tax shall not exceed one-fourth () of one per cent. on all the taxable property of said town. SEC. 58. Be it further enacted, That said system of public schools shall, when established, be under the supervision, management and control of a board of commissioners, consisting of five members, to be known as the school commissioners of Naylor, all of whom shall be white freeholders, residents of said town, and twenty-one years of age, all of which said commissioners shall be elected by the qualified voters of said town, at the same time and place, and in the same manner, as the mayor and council are elected, and the result declared in the same manner. At such election the members receiving the highest number of votes shall be elected for four years, and the other three for two years, and at the expiration of their respective terms, their successors shall be elected for the same terms as the persons whom they are elected to succeed. School commissioners. SEC. 59. Be it further enacted, That vacancies in said board of commissioners shall be filled by the mayor and council whenever they occur. Two of the members of said board may also be members of the council, or one of them may be the mayor and the other a member of the council; no more. The officers of said board shall be a chairman, secretary and treasurer, and in the absence of the chairman any member of the board may serve as chairman pro tem., but shall be elected as such at a meeting of the board. The offices of secretary and treasurer may be filled by one and the same person. The said treasurer in his capacity Page 933 as such, not as clerk, shall give bond and good security, to be adjudged of by the said board, and payable to the school commissioners of Naylor, in such sum as said board may prescribe, conditioned for the safe-keeping and proper distribution of all school funds coming into his hands. The books of the secretary and treasurer shall always be open and subject to inspection by said board, or any member thereof, and his compensation shall be fixed by said board. Said board of school commissioners of Naylor shall have regular monthly meetings, the time to be fixed by them, and may meet as often as the chairman or a majority of them may think necessary. Their officers shall be elected by ballot and shall hold their offices for one year, and until their successors are elected and qualified. No member of said board shall receive any compensation for his services except the secretary and terasurer, who shall be a member of said board. Officers of school board. SEC. 60. Be it further enacted, That said board of school commissioners of Naylor shall have full power and authority, and it shall be their duty, when a public-school system has been declared established in said town, in the manner hereinbefore provided, to put said public-school system into operation in said town of Naylor, and keep the same open for not less than eight nor more than ten scholastic months in any one year, to be opened and closed at any such time as they may decide; and shall have power and authority to purchase a school lot and building, or to rent, construct, enlarge and equip any building necessary for such school purposes, and to accept gifts and donations of property, money or other things for school purposes under this Act, and all deeds and conveyances to any property for school purposes shall be made to the school commissioners of Naylor and their successors in office, in all cases, naming the persons composing said board at the time. Said commissioners shall have power and authority to employ a superintendent and other teachers for said public school, and to prescribe their duties, to suspend or discharge them for good cause, prescribe the terms upon which pupils shall be admitted into said public schools from within or without said town, and make all rules, by-laws and regulations they may think proper or necessary in maintaining and operating the said public-school system. Powers of school commissioners. SEC. 61. Be it further enacted, That said school commissioners of Naylor shall determine as early as practicable in each year the amount of money it will be necessary to raise by taxation to defray expenses of running said public-school system for the ensuing year, and make same known to the mayor and council of Naylor, and the said mayor and council shall be authorized Page 934 and it shall be their duty to levy and raise annually a tax for said public school purposes, in such sum as shall be recommended each year by the said commissioners, in addition to the taxes raised for all other purposes, on all the taxable property of said town, not to exceed one-fourth () of one per cent., which shall be collected in the same manner that other taxes are raised, and when collected, it shall be the duty of the collecting officer, from time to time, as collected, to pay the same over to the treasurer of said school commissioners of Naylor, taking his receipt therefor, and filing same with the clerk of the mayor and council, to be used and disbursed for the support and maintenance of said public schools, and paid out only by order of said commissioners, under such regulations as they may prescribe. School tax. SEC. 62. Be it further enacted, That the county school commissioners of Lowndes county shall pay over to the treasurer of said school commissioners annually the pro rata share of the State and county public-school fund coming to said town of Naylor, to be determined by the average attendance of children on said public schools within school age. Pro rata share of State and county school fund. SEC. 63. Be it further enacted, That said school commissioners of Naylor shall be compelled to establish separate schools for the white and colored children, and colored children shall be allowed to attend only colored schools, and white children shall be allowed to attend only white schools; that all children between the ages of six and eighteen years, whose parents, guardians or natural protectors bona-fide reside within the corporate limits of said town of Naylor shall be entitled to attend and get the benefit of said public schools. Said commissioners may also admit children into said public schools whose parents, guardians or natural protectors do not reside within the corporate limits of said town, upon the payment of such tuition fees as said commissioners may prescribe. School children. SEC. 64. Be it further enacted, That said commissioners shall only recommend the levying and collecting such tax as is necessary to support said public schools in addition to the funds realized from entrance fees, tuition and the fund received from the State and county school fund, and from other sources, so that said tax shall be as little burden as possible, the mayor and council being required to levy and collect the amount recommended by said commissioners. School tax. SEC. 65. Be it further enacted, That the mayor and council of said town of Naylor shall have the power and authority to order an election, after notice being given, as required by law, to be held at the same time as elections for mayor and council are Page 935 held, or at such other time as they may decide, to be held under the same rules and regulations throughout as elections for mayor and council are held, at which election there shall be submitted to the qualified voters of said town the question of issuing bonds, not to exceed in the aggregate the sum of ten thousand dollars ($10,000), for the purpose of erecting and equipping a school building or buildings in said town for public-school purposes, and to purchase land on which to erect the same, and to purchase any lands or other property necessary for public-school purposes, and to improve the same. At said election those in favor of issuing said bonds shall have written or printed on their tickets the words For school bonds, and those opposed to the issuing of said bonds shall have written or printed on their ticket the words Against school bonds. Should the requisite constitutional majority of the qualified voters of said town vote in favor of issuing said bonds the mayor and council of said town shall have power and authority, and it shall be their duty, to issue and dispose of said bonds in accordance with the provisions of this Act. Should the requisite majority fail to vote for the issuing of said bonds, other elections, and any number of elections, may be held under this Act, after due notice as required by law; provided, no election under this Act can be held within one year from the date of the last election for the same purpose; the power to order said election being vested in the mayor and council, and the result of any and all elections for bonds to be declared in the same way as the result of elections on the question of taxation for public schools. Election for school bonds. SEC. 66. Be it further enacted, That said bonds so issued shall not exceed in the aggregate the sum of ten thousand dollars ($10,000), and shall be of the denomination of one hundred dollars ($100.00) each, to be due and payable at such time or times within thirty years after the date of issue as said mayor and council may determine, and bear not exceeding six per cent. interest per annum, payable semi-annually, and such bonds not to be sold for less than par. School bonds. SEC. 67. Be it further enacted, That the mayor and council of said town shall sell said bonds to the best possible advantage, and shall pay over to the treasurer of said school commissioners the proceeds of the sale thereof, taking his receipt therefor, which shall be witnessed by the chairman of said board of commissioners, and file same with the clerk of mayor and council, and spread same upon the minutes, said payments to be made from time to time as the bonds are sold; and that from the proceeds arising from the sale of said bonds the said school commissioners of Page 936 Naylor shall have the authority and power to purchase a lot, or any necessary lands on which to erect a public school building or buildings, and to erect or purchase and equip such school buildings as may be necessary for the successful operation of said public-school system in said town, and to repair or improve any such building from time to time. The location, erection and equipping of said buildings shall be under the direction and superintendence of said school commissioners, and they shall have full authority and power, in the said name School Commissioners of Naylor, to make and let contracts for the erection and equipping of all necessary school buildings or structures, and do any and all necessary acts to the successful equipment and operation of a public-school system in said town; provided, that the mayor and council shall concur in the purchase of school sites. All contracts made by said board to be signed school commissioner of Naylor, and countersigned by the chairman and secretary. Sale of bonds and application of proceeds. SEC. 68. Be it further enacted, That said mayor and council of the town of Naylor shall be authorized and required to levy and collect such tax, upon the taxable property of said town, as will be necessary to carry into effect these provisions, and pay the principal and interest on said bonds, and provide a sinking fund with which to pay off said bonds, and to retire any and all of said bonds as fast as same can be done. Tax to pay bonds. SEC. 69. Be it further enacted, That at the same time and place, or at any time the mayor and council may decide, there may be held an election, after duly advertising the same, in said town, under the same rules and regulations as the said election for school bonds, for the purpose of submitting to the qualified voters of said town the question of issuing bonds, not to exceed ten thousand dollars ($10,000) in the aggregate, and of the denomination of $100.00 each, to be used in the erection and establishment of a system of sanitary sewerage, as hereinbefore provided, and at said election all persons favoring bonds for sewerage shall have written or printed on their tickets the words For bonds for sewerage, and at any such election one ticket may be used for all persons, and the result shall be declared as provided in case of bonds for schools, and in event the result shall be declared in favor of bonds for sewerage, the mayor and council shall issue said bonds, and sell same to best advantage, not less than par, and use the proceeds thereof in the construction and operation of a system of sanitary sewerage as provided in this Act. Said bonds for sewerage purposes shall be payable within thirty years from date of issue and bear not more than six per cent. interest per annum, payable semi-annually, or annually, and a tax levied Page 937 and collected to pay the principal and interest thereon, as in case of school bonds, and shall be retired as fast as can be done, and a sinking fund shall be provided by the mayor and council for that purpose. Bonds for sewerage. SEC. 70. 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 21, 1906. NEWNAN, CITY OF, PUBLIC-SCHOOL SYSTEM. No. 529. An Act to amend An Act to establish a system of public schools in the city of Newnan, Georgia, and provide for the maintenance and support of the same; to provide for the issuance of bonds of said city for the purpose of purchasing school property, building schoolhouses, and for other purposes, after submitting the same to the qualified voters of said city of Newnan, approved December 27, 1886, so as to fix the matriculation fee for resident pupils entering said schools; to define what children shall be entitled to the privileges of said schools; to provide for the issuance of bonds thereunder; to regulate the registration of voters and the holding of elections under said bill, 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 December 27, 1886, and amended by an Act approved September 10, 1887, is hereby amended by striking from said section the words residing within the incorporate limits of the city of Newnan and inserting in lieu thereof the words, between the ages of six and eighteen who are bona-fide residents of the city of Newnan, and by striking out the words each child entering the grammar-schools to pay a matriculation fee of five dollars per year, in such installments as they may direct, and by striking out the words fifteen dollars per year and inserting in lieu thereof, not less than fifteen and not more than thirty dollars, so that said section, as amended, shall read as follows: That the boards herein provided for shall establish such grammar-schools and such high-schools as may be necessary for the education of the children attending said schools. These schools shall be free to all children between the ages of six and Page 938 eighteen who are bona-fide residents of the city of Newnan; provided, however, said board shall require each child entering the high-schools to pay a matriculation fee of not less than fifteen and not more than thirty dollars per year, in such installments as the board may direct. Children of non-residents may be admitted to said schools upon such terms as may be prescribed by the board. On failure of any pupil to pay the matriculation fee, or any installment thereof, when required by the board of education, such pupil shall not be allowed to enter, and if it be an installment required after entrance, the pupil shall not be allowed to continue at school after the time the installment is due, without first having paid it. Newnan, city of. Public schools. SEC. 2. Be it further enacted by the authority aforesaid, That all the provisions for a registration of voters at elections held under said bill as set out and provided in section 2 of the Act approved September 10, 1887, amending the above-recited Act approved December 27, 1886, be, and the same are, hereby repealed. Registration of voters. SEC. 3. Be it further enacted by the authority aforesaid, That section 9 of said Act approved December 27, 1886, and amended by an Act approved December 23, 1892, be, and the same is, hereby amended by striking from said section, as amended, all of said section after the word houses in the twenty-second line thereof and inserting in lieu thereof: The said bonds, above provided for, or to be issued by the mayor and aldermen as provided in section 10 of this Act, upon complying with the provisions of the Code of Georgia of 1895, sections 377 to 381, inclusive, so that said section as amended shall read as follows: That the mayor and aldermen of said city of Newnan shall have power and authority to issue bonds of said city not exceeding thirty-five thousand dollars in amount, to run for such length of time or times, none longer than thirty years, as the mayor and aldermen of said city of Newnan may think advisable, and to bear interest at a rate not exceeding seven (7) per cent. per annum, payable semi-annually, and to sell the same, the proceeds to be applied to the purchase of property to be used for school purposes and building and equipping proper schoolhouses. The said bonds, above provided for, are to be issued by the mayor and aldermen as provided in section 10 of this Act, upon complying with the provisions of the Code of Georgia of 1895, sections 377 to 381, inclusive. School bonds. SEC. 4. Be it further enacted by the authority aforesaid, That in all elections held under the provisions of this Act, that the laws, rules and ordinances regulating the registration of voters and the holding of elections for mayor and aldermen shall be Page 939 applicable to and shall control the registration of voters and the holding of said elections. Elections. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. NEWTON, TOWN OF, CHARTER REPEALED. No. 664. An Act to repeal An Act to incorporate the town of Newton, in the county of Baker, and to appoint commissioners for the same, and for other purposes therein named, approved January 20, 1872; to repeal all Acts amendatory thereof heretofore passed, and all Acts constituting the present charter of the town of Newton, in Baker county, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act approved January 20, 1872 (Act of 1871 and 1872, page 303), entitled An Act to incorporate the town of Newton, in the county of Baker, and to appoint commissioners for the same, and for other purposes therein mentioned, and all Acts amendatory thereof, be, and the same are, hereby repealed. Newton, town of, charter repealed. SEC. 2. Be it further enacted, That this Act shall go into effect immediately upon the passage and approval of an Act creating and establishing the city of Newton. 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 20, 1906. Page 940 NEWTON, CITY OF, INCORPORATED. No. 647. An Act to create a charter for the city of Newton, in Baker county, Georgia; to define the boundaries thereof; to provide for the election of a mayor and council, and other officers thereof; to define their duties and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Newton, in Baker county, be incorporated under the name and style of the City of Newton, and under said name shall have the right to sue and be sued in any of the courts of this State, to plead and be impleaded, to have and use a common seal, and shall have the right to receive, purchase or hold any real or personal property within the limits of said city for corporate purposes, and shall succeed to all the rights and property, and to the debts and liabilities of the town of Newton or of the town council thereof. Newton, city of, incorporated. SEC. 2. Be it further enacted, That the mayor and council of the town of Newton shall upon the passage of this Act become mayor and councilmen of the city of Newton, and said mayor and council shall exercise all the privileges and duties and rights as such officers of said city until their successors are elected and qualified as hereinafter provided for. Mayor and councilmen SEC. 3. Be it further enacted, That the corporate limits of said city of Newton shall extend one mile north, east and west from the court-house in said city, and to the county line of Mitchell county on the south of said city. Corporate limits. SEC. 4. Be it further enacted, That on the first Saturday in January, 1907, and on the first Saturday in January of each year thereafter, an election shall be held at the court-house in said city for the purpose of electing a mayor and four councilmen, and each of said officers, for the term of one year and until their successors are elected and qualified. Annual elections for mayor and councilmen. SEC. 5. Be it further enacted, That all elections held under the provisions of this charter shall be managed by three freeholders of said city, or by a justice of the peace, or other judicial officer, and two freeholders of said city. Each of said managers before entering upon the discharge of his duties shall take and subscribe an oath to faithfully superintend said election and make a true return thereof and to declare the result of same. Election managers. Page 941 SEC. 6. Be it further enacted, That for the purpose of raising revenues for said city the mayor and council thereof shall assess an annual ad valorem tax of not exceeding one-half of one per cent. on all taxable property in said town, which tax shall be paid on or before the first day of October in each year, on which day the mayor shall issue fi. fas. against all tax defaulters, which shall be placed in the hands of the marshal of said city, to be by him enforced and collected in the same manner as fi. fas for State and county taxes are enforced by the sheriffs and constables of this State. Ad valorem tax. SEC. 7. Be it further enacted, That the mayor and council of said city be authorized to levy and collect an annual street or commutation tax not exceeding three dollars per annum upon each and every male inhabitant of said city who under the laws of this State are subject to road duty, which tax shall be paid to the marshal of said city (as other taxes are) by the first day of April in each year, and if not promptly paid by said day, after having been duly notified by the marshal of said city that such tax is due, said defaulter shall be arrested by the marshal and brought before the mayor or other presiding officer of said city and fined not more than ten dollars, imprisoned not more than twenty days in the guard-house or calaboose, or worked on the streets of said town not more than thirty days, and any one or more of these punishments may be inflicted in the discretion of the mayor or other presiding officer. Street tax. SEC. 8. Be it further enacted, That the mayor and council of said city shall have full power and authority to keep in good order and repair all roads, streets, alleys, sidewalks, crosswalks, squares, drains and gutters in said city for the use of the public or any citizen thereof, and to abate or cause to be abated anything which in the opinion of the majority of the whole council shall be a nuisance. Streets, etc. SEC. 9. Be it further enacted, That the mayor or other presiding officer shall have the power to punish for contempt by a fine of not more than five dollars, or imprisonment for not more than five days. Punitive powers of mayor. SEC. 10. Be it further enacted, That the city council shall have the power and authority to regulate and control the sale of intoxicating liquor within said city, to impose a license fee or tax upon every dealer therein, and shall issue a license to all persons before they shall be authorized to engage in the sale of such liquors in said city. The tax or license fee imposed upon such dealers shall not be less than two hundred dollars ($200.00) per Page 942 annum, said council having the right to prescribe the time and manner of paying such license fee or tax. Sale of liquor. SEC. 11. Be it further enacted, That said council is hereby authorized to provide for the levy and collection of a special or business tax upon all kinds of business and vocations carried on within said city of Newton; provided, such tax shall not exceed twenty dollars per annum upon such business or vocation. Special taxes. SEC. 12. Be it further enacted, That at the first meeting of the newly-elected council in each year, they shall elect one of the members of said council mayor pro tem., who shall in the absence or disqualification of the mayor, be clothed with all the powers, rights, duties and privileges of the mayor. Mayor pro tem. SEC. 13. Be it further enacted, That it shall be the duty of the city council at their first meeting after their election to elect a clerk of said city council, and marshal for said city, and to provide by ordinance for their duties and compensation. Clerk and marshal. SEC. 14. Be it further enacted, That the mayor and council of said city shall receive such compensation as the preceding council shall designate by ordinance; provided, the amount to be paid said mayor shall not exceed $100.00 per annum, and the amount to be paid members of the council shall not exceed twenty dollars per annum. Salaries. SEC. 15. Be it further enacted, That the following sections of volume 1 of the Code of Georgia of 1895 shall be of force and effect as law in relation to the city of Newton, and are hereby 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 696, 697, 698, 699, 703, 704, 705, 717, 718, 732, 733, 734, 735, 736. General law. SEC. 16. Be it further enacted, That a majority of said council shall constitute a quorum for business, shall have power to pass ordinances not inconsistent with the Constitution and laws of this State for the government of said city, and for the preservation of the good order and peace of said city, and for the violations of all ordinances of said city council, the mayor, or mayor pro tem., shall have the right and power to punish by fine not exceeding twenty-five dollars, imprisonment not exceeding thirty days, or to work on the streets of said city not exceeding twenty days, and any one or more of these punishments may be inflicted by the mayor or mayor pro tem., in his discretion. Corporate powers. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 943 NORMAN PARK, TOWN OF, CHARTER AMENDED. No. 670. An Act to amend the charter of the town of Norman Park, approved the sixth day of December, 1902, 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 town of Norman Park shall have full power and authority to establish a city market in said town for the sale of, and at which shal be sold, the fresh meats, beef, pork, fish, oysters and such other like articles offered for sale by any one in said town. Said mayor and aldermen shall have the power to prevent the sale of said articles at any other place, should they see fit to do so. They shall have the right to enforce this section by prescribing penalties as set out in section seven (7) of the charter of said town of Norman Park; provided, that nothing herein shall be construed to prevent the sale of such articles by persons elsewhere in said town during such reasonable hours as the mayor and aldermen may perscribe. Norman Park, town of, market. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. NORTH ROME, TOWN OF, CHARTER REPEALED. No. 359. An Act to repeal the charter of the town of North Rome, and to extend the corporate limits of the city of Rome, so as to include the territory now embraced within the limits of the town of North Rome, and such other territory as is embraced in the following described limits: Beginning at the northwest corner of Harvey and North Broad streets; running thence west to eastern side of Ross street; thence northerly along Ross street to the north line of lot 235 in the 23d district and 3d section of Floyd county; thence east along said line to the eastern side of Spring street; thence northeasterly and north along the eastern side of Spring street to the southern side of Park avenue; thence southeasterly along Park avenue and crossing Page 944 the Calhoun road to the eastern line of lot 234; thence south along the east line of lot 234 to the northern side of Cothran street; thence east along the northern side of Cothran street to the present corporate limits of Rome; thence northelry and westerly along present corporate limits of Rome to beginning, the directions given being shown upon Deitz Bros. map of Rome and suburbs of 1890, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of the city of Rome be extended so as to include all the territory embraced in the following described limits: Beginning at the northwest corner of Harvey and North Broad streets; running thence west to eastern side of Ross street; thence northerly along Ross street to the north line of lot 235 in the 23d district and 3d section of Floyd county; thence east along said line to the eastern side of Spring street; thence northeasterly and along the eastern side of Spring street to the southern side of Park avenue; thence southeasterly along Park avenue and crossing the Calhoun road to the eastern line of lot 234; thence south along the east line of lot 234 to the northern side of Cothran street; thence east along the northern side of Cothran street to the present corporate limits of Rome; thence northerly and westerly along present corporate limits of Rome to beginning, the directions given being shown upon Deitz Bros. map of Rome and suburbs of 1890. Rome, city of corporate limits extended. SEC. 2. Be it further enacted, That there shall be placed in said newly-acquired territory, and put in operation by the first day of January, 1908, as many as ten electric arc lights. Lights. SEC. 3. Be it further enacted, That within the time hereinafter specified, said city of Rome shall lay and complete in the territory annexed the following water-mains, to wit: connect a six-inch main with the water-main at its present end on Watters street; running thence to the junction of Kingston and Calhoun avenues, and thence one line up Kingston avenue to the public-school building; also one line up Calhoun avenue to Church street; also one line down Chambers street to Cothran street; also connecting with the water-main on Broad street running up to the extension of Broad street to Fifth street of Printup city, at the corner of the Southern Co-operative Foundry Company property. The said last mentioned connection running up Broad street shall be an eight-inch main. And said city of Rome shall begin the laying of these mains in the year 1907 and shall complete the same as soon as practicable, and in no event later than by the year 1910. The main first laid shall be Page 945 determined by the members of the council from that ward, and if they can not agree then the mayor and council of Rome shall determine the order in which the work shall be constructed. Water. SEC. 4. Be it further enacted, That the territory annexed by this Act shall be known as the Sixth ward of the city of Rome, and said ward shall always be entitled to, and be represented by two councilmen, being two of her own citizens; said councilmen to be elected at the next election to be held for mayor and council for the city of Rome, the one receiving the highest number of votes to serve for two years, and any one receiving the next highest number of votes to serve for one year, in conformity with the charter and laws of the city of Rome. In case there should be a tie, at the first election, between two persons receiving the highest number of votes, then the person whose surname comes first alphabetically shall serve for two years. Said sixth ward shall also be entitled to one policeman for the year 1907, whose hours for duty shall be regulated by the mayor and council of Rome and beginning with April 1, 1908, said ward is to have such police regulation and protection common to other wards of the city of Rome. The provision now applying to other wards of the city with reference to the expenditure annually of the sum of one thousand dollars upon the streets in each of the wards of the city of Rome shall also apply to said sixth ward. Sixth ward. SEC. 5. Be it further enacted, That the city of Rome shall, from the first day of January, 1907, and thereafter, maintain a ward white public school within said ward, either at the present public-school building in the town of North Rome, or at such other point as may hereafter be determined, the number of grades in said school to be determined by the school authorities of the city of Rome. Public school in sixth war SEC. 6. Be it further enacted, That citizens of said newly-acquired territory shall be entitled to all the rights and privileges of the public schools of the city of Rome, in common with other citizens of Rome from and after the first day of January, 1907. School privileges of residents of sixth ward. SEC. 7. Be it further enacted, That the charter of the town of North Rome is hereby repealed, to take effect from and after the first day of January, 1907, surrendering to the city of Rome all real and personal property then on hand and belonging to said town of North Rome, and upon said first day of January, 1907, the said city of Rome shall assume jurisdiction over the newly-acquired territory, and the inhabitants thereof, under the charter of the city of Rome and the amendments thereto. North Rome, charter repealed and property transferred to city of Rome. SEC. 8. Be it further enacted, That all taxes due and unpaid Page 946 to said town of North Rome on the thirty-first day of December, 1906, shall become due to said city of Rome, and shall be collected as follows: Where executions have already been issued by the authorities of the town of North Rome they shall be placed in the hands of the city marshal, and he shall proceed to collect the same under the same rules as are now provided for the collection of the taxes of the city of Rome, and the proceeds thereof he shall pay to the treasurer of the city of Rome. In the event there should be any taxes due and unpaid on said thirty-first day of December, 1906, which the authorities of North Rome have not issued executions therefor, then, upon proper evidence being submitted to the clerk of council of the city of Rome, he shall issue executions therefor, and place the same in the hands of the city marshal to be disposed of as those issued by the authorities of the town of North Rome. Taxes due North Rome. SEC. 9. Be it further enacted, That during the year 1907 the city of Rome shall establish in said newly-acquired territory at such place as the mayor and council shall designate, such fire equipment as the revenue of the city will in their judgment justify. Fire equipment. SEC. 10. Be it further enacted, That A. J. Crocker and Sim Chambers shall represent the newly-acquired territory or ward from the first day of January, 1907, until their successors are elected and qualified, fully empowered to represent the said ward in all matters in the city council of Rome, Georgia. Councilmen for sixth ward. SEC. 11. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved July 21, 1906. OMAHA, TOWN OF, NEW CHARTER. No. 442. An Act to create a new charter for the town of Omaha, in Stewart county; to consolidate and amend the several Acts relating to the rights and powers of said town; to grant additional rights and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Omaha, in the county of Stewart, be, and the same is, hereby incorporated as a town under the name of the town of Omaha. Omaha, town of, incorporated. Page 947 SEC. 2. That the municipal government of said town shall be vested in a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the town of Omaha, and by that name and style shall have perpetual succession, shall be capable to purchase, receive and hold any estate, or estate of whatsoever kind or nature, within or without the corporate limits of said town, for the use of such town; shall be capable to sue and be sued, and shall succeed to all the rights and liabilities of the present corporation of the town of Omaha. Mayor and aldermen, corporate powers. SEC. 3. That the corporate limits of said town shall extend as follows: Commencing at a point near the northwest corner of the original survey of said town, at the intersection of the north side of the right of way of Seaboard Air Line Railway and lands of D. B. Fitzgerald; thence running west six hundred feet; thence south twenty-five hundred feet; thence east six hundred feet to southwest corner of original survey of said town; thence south to public road leading to Florence, Ga.; thence along the north side of said road in an easterly direction to a point where the extended north and south line of original survey of said town on east side intersects said road; thence north along said original north and south line to the north side of the right of way of the Seaboard Air Line Railway; thence west along north side of said right of way to original starting point. Corporate limits SEC. 4. That on the first Wednesday in December, 1906, there shall be an election for a mayor and five aldermen in and for said town, three of said aldermen to be elected for a term of one year, and said mayor and two of said aldermen to be elected for a term of two years. Annually thereafter, on the first Wednesday in December, there shall be held an election for three aldermen, or for a mayor and two aldermen, as the case may be. With the exception before provided as to those elected in 1906 the officers shall hold office for the term of two years and until their successors are duly qualified. The mayor and aldermen now in office under the present government shall continue to serve until their successors, provided above, shall qualify as hereinafter set out. Elections of mayor and aldermen. SEC. 5. That all elections for mayor and aldermen, or for aldermen of said town, shall be held at the justice court house in said town, and the polls shall be kept open between the hours of 10 a.m. and 3 p.m. Said election shall be held by a justice of the peace and two freeholders resident in said town, or by three freeholders resident therein, said superintendents in either case to be appointed by the mayor of said town; said superintendents Page 948 to take an oath for the due performance of their duties as such to have powers incident to superintendents of elections; to administer oaths to voters as to their qualifications to vote. They shall keep a numbered list of those voting and shall place on each ballot a number corresponding to that opposite the voter's name. At the close of such election they shall count the ballots, keeping two tally-sheets of the same, shall duly declare the result of the election and shall issue certificates of election under their official signature to the persons receiving the highest number of votes polled. They shall then place in a sealed package all ballots, together with the list of those voting, and one tally-sheet, which list and tally-sheet shall be duly certified by said superintendents to be correct; they shall deposit such sealed package and also the remaining tally-sheet, duly certified, with the clerk and treasurer of said town, to be by him safely kept. Said sealed package shall not be opened except in case of contest, but shall, at the expiration of two months (in case there is no contest) be by him destroyed without examination. Said superintendents of election shall be paid as compensation for holding said election one dollar each, by the clerk and treasurer of said town upon the certificate of the mayor as to their service, until the municipal authorities shall otherwise regulate the compensation for holding such elections. The persons elected at the election provided for in 1906, or at the election held in any year thereafter, shall, on or before the second Wednesday in December after their election, qualify by taking an oath before an officer of this State authorized by law to administer oaths to well and truly perform the duties of the office to which they have been elected, which said oaths shall be entered upon the minutes of the acts and doings of said mayor and aldermen. No person shall be qualified to hold the office of mayor or alderman who is not qualified to vote at the election. Elections, how held. SEC. 6. That in the event the office of mayor or of any one or more of the board of aldermen shall become vacant by death, resignation, removal or otherwise, the same shall be filled until the next annual election by a person or persons elected by ballot by the board of aldermen at a regular meeting of said board, and such persons so elected shall hold their offices until their successors are duly elected and qualified. Vacancies. SEC. 7. That all persons qualified to vote for members of the General Assembly, and who shall have paid all taxes imposed and demanded by said town, and shall have resided within its Page 949 corporate limits for six months prior to any election, shall be qualified to vote at said election. Electors. SEC. 8. That the clerk and treasurer, or such other person as shall be designated by the board of aldermen, shall open a list for the registration of voters at least thirty days prior to any municipal election held for any purpose in said town, which list shall be kept open each and every day (Sunday excepted) during such hours as shall be prescribed by said board, until four days (Sundays excepted) preceding the election, when it shall be finally and absolutely closed. During said time it shall be the duty of such registration officer, upon the application of any person, in person or in writing, who will be entitled to vote at said election, to register the name of such person, expressing in such registry his age, occupation or business, and the place of his residence. The registration officer may in any case require the applicant to appear before him and take the following oath, to wit: You do solemnly swear that you are a citizen of the United States of America, that you will have resided in the State of Georgia one year immediately preceding this election, and within the incorporate limits of the town of Omaha six months preceding the election; that it is your intention to remain a resident of said town continually until the day of election; that you are twenty-one years of age, or will be by the day of election; that you have paid all taxes due the town of Omaha; that you have made all returns required by the ordinances of said town; and that you will be qualified to vote for members of the General Assembly by the day of the election; so help you God. That it shall be the duty of the registration officer to arrange the names registered in alphabetical order and to post one copy of such list for two days, at least, preceding each election, at some public place in said town. It shall be the duty of such officer to furnish the superintendents of election at the opening of the polls on the day of election a complete list, duly certified, of all names, arranged in alphabetical order, which shall have been registered under the foregoing provisions. This list shall be kept before said superintendents during said election, and no person shall be entitled to vote who, in addition to the qualifications stated in the preceding section, has not registered as herein provided. When the election is over, such list shall be deposited in the office of the clerk and treasurer, to be by him safely kept; provided, however, that none of the provisions of this section relating to registration shall become operative until they shall have been adopted at a regular meeting of the board of aldermen of said town. In the Page 950 event it shall be necessary to call a special election of officers, as prescribed in the preceding section, only those persons shall be entitled to vote who were properly registered in time to vote at the regular election therein provided for. Registration of voters. SEC. 9. That any person not qualified to vote who shall vote or attempt to vote in any election in said town, or, in the event of the adoption of the provisions of section 8 of this Act, any such person who shall register prior to said election, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Penal Code. Illegal voting. SEC. 10. That three of the aldermen shall constitute a quorum of the board of aldermen. The mayor shall preside over the meetings of said board, and shall vote only in case of a tie, in which case he shall cast the deciding vote. He shall be the chief executive officer of the town; shall take care that the by-laws, orders, resolutions, rules, ordinances, regulations and acts of the board are faithfully executed; he shall have ex officio the powers and duties of a justice of the peace within said town, except that he shall have no jurisdiction as such in civil cases; he shall have control of the marshal and his deputies and of all special officers appointed by said board for any purpose, and he shall appoint special police upon any special occasion when the exigencies of the case may require; he may cause the arrest and detention of all rioters and disorderly persons in said town before issuing his warrant therefor. Executive powers of mayor. SEC. 11. That at the first regular meeting of the board of aldermen after the newly-elected members have been duly qualified, said board shall elect one of their number as mayor pro tem., and he shall have all the powers and duties of the mayor, in the absence or disqualification of said mayor, as presiding officer of the board, as ex-officio justice of the peace, as chief executive officer of the town, and in the trial of offenses and the enforcement of fines or penalties for the violation of the ordinances of said town. The term of office of said mayor pro tem., as such, shall be for one year. Should said board fail to elect a mayor pro tem. at the time above indicated, then such election shall take place as early thereafter as practicable. In the absence or disqualification of both the mayor and the mayor pro tem., the board of aldermen shall select one of their number in their stead, and he shall have all the powers and duties of the mayor pro tem. during such absence or disqualification. Mayor and mayor pro tem. SEC. 12. That the board of aldermen shall elect a clerk and treasurer of said town, either from their own body or from the citizens of the town. Such officers shall be elected at the same Page 951 time and in the same manner as the mayor pro tem., and his term of office shall be for one year, and until his successor shall have been elected and qualified. He may be removed by the board for inefficiency, neglect of duty or other cause, in their discretion. He shall keep the minutes of the board of aldermen in well-bound books, and shall preserve them and all other records entrusted to him; he shall receive tax returns; collect all municipal taxes, the collection of which is not otherwise provided for; issue all licenses and collect all license fees and other money due the said town, street tax excepted; shall receive all moneys due said town; shall issue executions against all defaulters for taxes, said executions being directed to the marshal of said town and his deputies; he shall be the custodian of the funds of said town, and shall do and perform all such other duties as may be imposed upon him by the board of aldermen. He shall have authority to appoint some fit and proper person as his deputy, to whom he may delegate all the powers conferred upon him and for whose acts he and his bondsmen shall be liable as though done by himself. Such clerk and treasurer shall, when elected, enter into a bond with sufficient sureties, to be approved by the mayor, in such penalty as the board of aldermen shall prescribe, payable to the mayor of the town of Omaha, conditioned faithfully to collect and pay over and account for all taxes and other income of said town from whatsoever source derived; to perform the duties herein prescribed and such other duties as may be imposed upon him by the board. Officers. SEC. 13. That the board of aldermen shall elect a marshal of said town at the same time and in the same manner as the mayor pro tem. is elected, and his term of office shall be for one year, and until his successor is duly elected and qualified. He may be required to give such bond, with sufficient sureties, to be approved by the mayor, as the board of aldermen may prescribe. He may be removed from office by the board at any time for inefficiency, neglect of duty or other cause, in their discretion. Said board may also appoint one or more deputy marshals to assist said marshal in the discharge of his duties, such deputies to hold office for such time and upon such terms as the board shall prescribe. Said marshal and his deputies shall arrest any persons violating any of the penal ordinances, by-laws, rules or regulations of said town, and place such person in the guardhouse of said town subject to trial by the mayor's court; shall have full power to arrest all persons violating any of the penal laws of this State and place such persons so arrested in said guardhouse, subject to trial before the mayor's court or any committing officer of Page 952 said State. They shall execute and enforce the ordinances, by-laws, rules and regulations of said town as may be directed therein; they shall levy and execute all processes issued from the mayor's court, and all executions for municipal taxes, and shall advertise for sale and sell all property levied upon thereunder, said advertisement being by posting notice thereof in three public places in the town of Omaha twenty days before the date of such sale and the place of such sale being in front of the place where the mayor and aldermen of said town hold their meetings; shall have charge of the working of the streets and of road hands and work-gangs; and shall perform all other duties imposed upon them by the board. The marshal shall collect all fines imposed by the mayor's court and all street taxes, and perform all other such services as may be specially required of him by the board. Marshal and deputies. SEC. 14. That said marshal, his deputies and assistants shall have full power and authority to arrest for a violation of any of the ordinances, by-laws, rules and regulations of said town upon information and belief and without a warrant first being issued for the person who may be arrested. SEC. 15. That the mayor and other officers of said town shall receive such compensation as the board of aldermen may prescribe. SEC. 16. That the mayor of said town, or, in his absence or disqualification, the mayor pro tem., or in the absence or disqualification of both of these officers, any one of the aldermen elected as herein prscribed, shall hold a mayor's court for the trial of all persons charged with violating any of the ordinances, orders, by-laws, rules or regulations of the said town; and on conviction shall punish such offenders by fine not to exceed one hundred dollars, or imprisonment in the guardhouse of said town not to exceed thirty days, or by compelling them to work upon the public streets of said town for not more than thirty days; and any one or more of such puishments may be ordered in the discretion of the court, and the offender shall also be liable for the costs of the court. Said court shall have full power to punish by fine, imprisonment or work on the streets, persons guilty of contempt of said court; said fine is in no case to exceed twenty-five dollars, and said imprisonment or work not to exceed ten days. Said court shall have full power and authority to issue executions, directed to the marshal and his deputies, for the enforcement of any and all fines imposed and for the collection of all costs; to provide for the enforcement of all its sentences; to imprison in the guardhouse of said town any and all persons who may be [Illegible Text] of offenses under this Act or the ordinances and regulations Page 953 passed in pursuance thereto where the penalty is imprisonment, and to imprison in said guardhouse any and all persons guilty of such offenses, where the penalty is a fine, until such fine and costs are paid or otherwise discharged according to law. The presiding officer of said court shall assess and fix the amount of bail of any and all persons brought before him for examination or trial, or arrested for the violation of any municipal ordinance, order, by-law, rule or regulation; and where the offense charged is the violation of a municipal law the marshal shall take a bond in the amount so fixed, payable to the mayor of said town; said bond and its sureties to be approved by said presiding officer, or in lieu thereof, the marshal may take a cash deposit of said amount. Mayor's court. SEC. 17. That where executions are issued for municipal taxes, licenses, or other fees, the costs shall be the same as in the case of executions for State and county taxes, and the costs of the marshal shall be the same as those of the sheriff for all services performed by him in the collection of executions for State and county taxes; in all cases before the mayor's court the costs shall be the same as those prescribed by law in trials before a committing magistrate, unless otherwise prescribed by ordinance. Costs. SEC. 18. That the board of aldermen shall have power and authority to assess, levy and collect annual ad valorem taxes upon all property, real and personal, within the corporate limits of said town; to prescribe rules and regulations for the same, and penalties for non-compliance therewith; to fix the time for making tax returns and for paying taxes; notice of which time so fixed shall be given at least four weeks prior to the date so fixed by posting notice thereof in three public places in said town. Said tax shall not exceed one-half of one per cent. upon the value of said property for the ordinary current expenses of said town; not more than one-half of one per cent. for educational purposes; not more than one-half of one per cent. for street and bridge purposes; and not more than one-half of one per cent. for the payment of the principal and interest of the public debt. If an additional fund is required by said town for internal improvements not herein provided for, or if the amount realized by the levy of one-half of one per cent. shall be insufficient to defray the ordinary current expenses of said town, an additional tax may be levied for these purposes, when the same shall be authorized by a vote of two-thirds of the legal voters of said town, who are qualified to vote at an election held for that purpose. The municipal authorities shall cause separate accounts to be kept of all amounts collected and disbursed for each different purpose, and each Page 954 amount shall be applied exclusively to the purpose for which it was collected. Ad valorem tax. SEC. 19. That the board of aldermen shall have power and authority to levy and collect taxes on all professions, franchises, trades, business occupations, theatrical exhibitions, shows or other performances exhibited or performed within the town, on all peddlers, venders of medicines, itinerant traders, salesmen or soliciting agents, hotels, boarding-houses, livery stables and transportation companies, and on all bowling-alleys, skating-rinks, pool or billiard tables, and all other games kept or played within the corporate limits of said town, to grant licenses for the same, and to regulate them by ordinance. Said board shall have full power and authority to regulate and control the sale of spirituous, vinous, malt or other intoxicating liquors by wholesale or retail, within said town; to grant licenses to dealers in such liquors and revoke or modify the same, and to assess, levy and collect a tax on such dealers. The time, place and manner of making tax returns, paying taxes and securing licenses shall be prescribed by the board of aldermen. The tax returns shall be made to the clerk and treasurer, and the taxes paid to him. All licenses granted by the board of aldermen shall be issued and signed by the clerk and treasurer, to whom the license fees shall be paid. For the purpose of collecting all license fees and taxes, the manner of collecting which is not otherwise provided for in this charter, the clerk and treasurer, where such fees are not paid within the time fixed by the board of aldermen, shall issue executions against delinquents, directed to the marshal and his deputies, for such fees and taxes, and for costs; and it shall be the duty of the marshal to enforce the collection of the same by levy, advertisement and sale, as heretofore provided in section 13 of this charter. The board of aldermen shall have power and authority to impose penalties by ordinance on all persons who may carry on any profession, trade, business, occupation, performance, or game without paying the tax or securing the license, as may be prescribed. Special taxes. SEC. 20. That said corporation shall have and enjoy all the rights, powers and privileges incident to such corporations, and not repugnant to the Constitution and laws of the United States or of this State. General powers. SEC. 21. That all special taxes or license fees provided for in this Act, and all other incomes of said town, from any other source, except ad valorem taxes and street taxes, may be appropriated and applied to any purpose for which said town is now or may be at any time empowered to levy taxes. Licenses. Page 955 SEC. 22. That the board of aldermen shall have power to compel persons liable to road duty by the laws of this State, who are residents of said town, to work on the streets of said town the same number of days that the laws of said State prescribe for road hands on the public roads of said county, or, in lieu of working thereon, to pay the marshal of said town an equivalent for said work in money, the amount to be prescribed by ordinance. Said hands shall be allowed to choose between working said streets under the direction of the marshal or paying the amount prescribed by ordinance, the hands to be warned or notified by the marshal at least three days previous to the day of working, which notice shall state such day, the number of days to work and the amount prescribed by ordinance to be paid in lieu of work; and if any hand who has been so notified shall fail to work said streets and has not, before the day of commencing said work, paid the equivalent in money, he shall be subject to such penalty as may be prescribed by the board of aldermen. All amounts so collected as street tax shall be applied by the board of aldermen to the working and improvement of the streets of said town. Street tax. SEC. 23. That the board of aldermen shall have power and authority to establish quarantine regulations against all persons who have been exposed to smallpox, yellow fever, or any other contagious or infectious disease, or against any infected locality; to enforce and make effective such regulations; to establish a pesthouse or camp of detention, within or without said town, and to cause the removal thereto and detention therein of all persons afflicted with such diseases. Said board shall have power in its discretion to allow such persons to remain on premises provided by themselves, where such persons at their own expense, provide suitable and sufficient guards to successfully quarantine such premises. Said board shall have power to require all persons within said town, whether resident or transient, to be vaccinated whenever, in the opinion of said board, the same shall be advisable. It shall have full power to enforce such regulations and to provide penalties for their violation. If the pesthouse or camp of detention is located beyond the corporate limits of said town, the town authorities shall have the same jurisdiction and powers over it, so long as it is used for these purposes, as if it were within the corporate limits. Said board of aldermen shall have authority to appoint a board of health and such other health officers as may be necessary to carry out and enforce the above regulations, and all such other sanitary or health regulations as may be prescribed by the board of aldermen; the powers, duties Page 956 and compensation of said officers to be prescribed by the board of aldermen. Quarantine Board of health. SEC. 24. That the board of aldermen shall have full power and authority to purchase, construct, own, maintain and operate, for the benefit of said town, a system of gasworks, waterworks, electric lights and power, and such bridges in and contiguous to said town as may, in the opinion of said board, be to the interest and advantage of said town; and to purchase and hold at such places as may be selected, within or beyond the corporate limits, all lands, water rights or other property, real or personal, which may be necessary or useful in the establishment or operation thereof; or to condemn the same under the provisions of section 4657 et seq., of the Civil Code. Said board shall have full power to contract with all persons and corporations, including municipal corporations, for the use of water, gas or electric lights, or power, or bridges, within or beyond the corporate limits of the town; and to make all rules and regulations which may be necessary to fix the price of all water, gas or electricity so used, and to collect the same. For the price of all water, gas or electricity so used, the town shall have a lien upon the property upon which the same may be used, said lien to be of the same dignity as the tax liens of said town, and to be enforced in the same manner. Said town shall have police authority upon and around any and all property so used and occupied, including the mains, pipes and wires for gas, water or electricity. Any person maliciously injuring or interfering with said property shall be guilty of a misdemeanor, and shall be punished on conviction as prescribed in section 1039 of the Penal Code. Water and light. SEC. 25. That upon the vote of two-thirds of the members of the board of aldermen at any regular meeting of said board, a system of public schools may be established and maintained in said town; provided, that said board shall by said vote enact as ordinances of said town so much of the Acts of October 16, 1889, as modified by the decision of the Supreme Court of Georgia in the case of Irvin, et al. vs. Gregory et al., February 7, 1891, reported in 86 Ga. 605, and as amended by the Act approved December 20, 1897, relative to a system of public schools in and for the town of Lumpkin, as may be applicable under the provisions of this charter to a system of public schools in said town of Omaha. Public schools. SEC. 26. That should said system of public schools be established as herein provided and it should be found that the tax for school purposes herein provided is not sufficient to properly defray the expenses of such system of schools, such additional tax Page 957 may be levied for that specific purpose as may be authorized by a vote of two-thirds of the legal voters of said town who are qualified to vote at an election held for that purpose. School tax. SEC. 27. That the board of aldermen shall have power and authority to establish and fix a system of grading and draining the streets of said town, and shall have power and authority to compel owners of property to construct and keep in repair the sidewalks in their front in accordance with said system. If any owner shall fail to comply with the requirements of the board in this regard, the work shall be done under the direction of said board or one of its officers, and executions shall issue for the expenses thereof and costs against such owner, to be collected as tax executions. The board shall have power and authority to establish and maintain a system of sanitary sewerage in said town and to compel all owners to connect therewith; and may purchase or condemn any property within or beyond the corporate limits of the town for such work. The expense of putting in sewer mains may be paid by said town, or may be assessed in just proportion by the board upon the owners of all lots, vacant or occupied, which are in a position to be benefited thereby; and said board shall have power to issue execution for such assessments and collect the same in the manner provided for issuing and collecting tax executions. Drainage and sanitation. SEC. 28. That the board of aldermen shall have power and authority to require all persons imprisoned or sentenced to work upon the streets for the violation of any of the ordinances, by-laws, resolutions, rules or regulations of said town, or for contempt of the mayor's court, to do such work in and about the streets of said town, or in and about the waterworks, gas or electric plants, or bridges, as may be directed by the marshal under orders of the board; and for this purpose one or more work-gangs may be organized; provided, that such persons as are doing regular street work in said town shall not be required to work with said work-gangs. Work-gangs. SEC. 29. That the board of aldermen shall have power and authority in said town to lay off, vacate, open, close, alter, curb, pave and keep in good order and repair public parks, roads, streets, alleys, sidewalks, cross-walks, drains and gutters, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets and to order the sidewalks, foot-ways, cross-walks, drains and gutters to be curbed, paved and kept in good order, free and clean, by the owner and occupants thereof, or of the Page 958 real property adjacent thereto; to grant easements and encroachments upon said streets; to establish and regulate markets and prescribe the time of holding same; to prevent injury or annoyance to the public or to individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs and other animals and all fowls from going at large in said town; to protect places of divine worship in and about the places where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole board, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide, in or near said town, places for the burial of the dead, to own cemeteries, and to regulate interments; to provide for the regular building of houses or other structures; to condemn such structures as are dangerous, and to require their removal; to establish fire limits and to regulate the material and manner of constructing buildings therein; to make regulations for guarding against danger or damage by fire; to organize, regulate and maintain a fire department for said town; to protect the property and persons of all citizens of said town and to preserve peace and good order therein; to authorize the erection of waterworks, gasworks or electric plants in said town, the construction and operation of street car lines or telephone systems or other public utility; to grant franchises for the same on such terms as the board may deem best; to prevent injury to or interference with such public utility; to prevent pollution of the water of the town; to prevent any act or occupation which might injuriously affect the business or healthfulness of said town or any of its citizens; to regulate and provide for the weighing of coal and other articles sold or for sale in said town; to provide a revenue for the town and appropriate the same for its expenses; to provide for the annual assessment of the taxable property therein; to adopt rules for the regulation and government of its own body; and to enact all ordinances, by-laws, resolutions, rules and regulations for the purpose of carrying into effect the above named powers, and all other ordinances, by-laws, resolutions, rules and regulations that may be necessary or proper for the good order, peace, welfare, health, morals, interest, security or improvement of the town or of its citizens; and full authority to prescribe, impose and enact resonable fines, imprisonments and penalties for their violation. Streets, etc SEC. 30. That all ordinances, by-laws, resolutions, rules and regulations in force at the time of the adoption of this Act, and not repugnant to its provisions, shall be, and continue, of full force and effect until altered, modified or repealed by the board of aldermen; Page 959 nor shall the provisions of this Act be construed to alter, change or abrogate rights or liabilities accrued under former charters, except in so far as is expressly herein provided. SEC. 31. That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. OAK PARK, TOWN OF, INCORPORATED. No. 526. An Act to incorporate the town of Oak Park, in the county of Emanuel; to fix the corporate limits thereof; to provide for mayor and aldermen and other officers; to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That Oak Park, a station and postoffice on the M. S. W. R. R., in Emanuel county, be, and the same is, hereby incorporated as a town under the name of Oak Park. Oak Park, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: One-half of one mile in all directions from the center of the crossing of Herrington street and the M. S. W. R. R. at Oak Park. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Oak Park, and by that name and style shall have perpetual succession and do all acts relating to their corporate capacity, sue and be sued, plead and be impleaded. Mayor and council. SEC. 4. Be it further enacted, That on the second Wednesday of the month following the passage of this Act, and annually thereafter, an election shall be held in the town of Oak Park for mayor and aldermen, whose terms of office shall begin immediately upon their qualification. Said election shall be held and conducted in the same manner as elections for State and county officers, and the certificates of the managers shall be sufficient authority for the officers elected to enter upon the discharge of their duties. Annual elections of mayor and aldermen. SEC. 5. Be it further enacted, That all bona fide residents of Page 960 said town eligible to vote for members of the General Assembly at the time of the passage of this Act shall be qualified to vote in said election. Electors. SEC. 6. Be it further enacted, That the mayor and aldermen shall, before entering upon the discharge of their duties, take the usual oath of office before some officer qualified to administer oaths. Oath of mayor and aldermen. SEC. 7. Be it further enacted, That the mayor and aldermen shall elect a marshal and clerk, and prescribe their duties, and require of them such bond as may be necessary, and affix such compensation as may be just and proper. Clerk and marshal. SEC. 8. Be it further enacted, That the mayor and aldermen are authorized and empowered to pass ordinances, by-laws and regulations necessary for the government, peace and order and health of said town. Legislative powers. SEC. 9. Be it further enacted, That said town authorities are empowered to levy tax not to exceed one-half of one per cent. on all property, real and personal, subject to the State and county tax within the limits of said town, and also to require all persons subject to road duty under the State laws to work on the streets and sidewalks of said town, or in lieu of said work to collect a reasonable commutation tax. Taxation. SEC. 10. Be it further enacted, That said authorities are empowered to provide for the arrest and punishment of offenders against the laws of said town, and may fine said offenders or imprison, or cause them to work on the public works of said town; provided, that no one shall be fined exceeding fifty dollars nor imprisoned or caused to work upon the public works of said town for a longer period than ninety days. Arrests and penalties. SEC. 11. Be it further enacted, That said authorities are empowered to elect a mayor pro tem., who will perform all the duties of mayor in the absence of that officer, and also to fill vacancies which may occur in the office of mayor, aldermen or any other officer of said town. Mayor pro tem. SEC. 12. Be it further enacted, That said mayor and aldermen shall provide for the collection of taxes, fines and all moneys due said town, and to this end the mayor shall issue his executions and the same shall be executed by the marshal. Executions for taxes, etc. SEC. 13. Be it further enacted, That the mayor or mayor pro tem., when acting as mayor, may compel the attendance of witnesses, examine them under oath, admit offenders to bail or commit them to guardhouse or county jail for the violation of any of the ordinances of said town. Witnesses. SEC. 14. Be it further enacted, That the mayor shall be the Page 961 chief executive officer; he shall see that all ordinances and laws are faithfully executed, appoint special police when necessary, [Illegible Text] whom he shall have full control; he shall issue executions for all crimes and cost imposed by him, or in default of immediate payment without issuing of executions may imprison offenders not exceeding ninety days. Executive powers of mayor. SEC. 15. Be it further enacted, That the mayor and council of said town are prohibited from any manner whatever, directly or indirectly, from authorizing the sale of spirituous, vinous, malt or intoxicating liquors, and such drinks commonly known by the device of ricebeer, champagne cider and like articles, within the corporate limits of said town. They shall prohibit by bylaws the dealing in such articles, also gaming with cards and all kinds of gambling. Sale of liquor. SEC. 16. Be it further enacted, That in addition to ad valorem tax, the mayor and council shall have authority to levy special tax on all business, trades, hotels and boarding-houses; to provide by ordinance for the return of all real and personal property for taxation; prescribe the time when the same shall be due; to double-tax defaulters, and force the same by execution, try nuisances, and abate the same, and to define what shall constitute a nuisance; to take up and impound dogs, horses, cattle, mules and hogs running at large in said town, and to pass necessary ordinances for the regulation of stock and other animals in said town, and to require owners of lots to drain the same and to fill excavations or depressions. Special taxes. SEC. 17. Be it further enacted, That the mayor and council shall have authority to lay off and to open up streets and alleys, and condemn the property and lands of any person for this purpose, and vacate, close and open streets and alleys; to prohibit any one from laying out any new street or alley except by the consent of the mayor and council; to regulate the width of sidewalks and to pave and repair the pavements at cost of the owners of adjoining real estate, and force the payment of said cost by execution against the property and against the owner of the same. Streets, etc. SEC. 18. Be it further enacted, That the mayor and council are empowered to remove obstructions upon the street or sidewalks; to make official survey of the town and the corporate limits thereof, to organize a chain-gang, and to put at compulsory labor thereon all persons convicted of violating any of the ordinances of said town, and to punish persons for vagrancy, and to bind over to the proper State courts, in default of bail, all offenders demanding the right of trial by jury. Streets, etc. Page 962 SEC. 19. Be it further enacted, That the mayor and council of the town of Oak Park shall each have the authority usually vested in the justices of the peace of said State, to hold courts of inquiry, and to commit offenders to the State courts. Mayor ex-officio a justice of the peace. SEC. 20. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. OCILLA, CITY OF, DISPENSARY ABOLISHED. No. 531. An Act to repeal an Act entitled An Act to establish and regulate a dispensary in the city of Ocilla, Irwin county, Georgia (now the town of Ocilla in said county), for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants, and to establish a board of commissioners for the management of said dispensary; to authorize the mayor and aldermen to elect members of said board of commissioners and to fill all vacancies therein; to authorize the mayor and aldermen of said city to pass an ordinance to carry out the purposes of this Act; to provide suitable penalties for violations of any of its provisions; to authorize said board of commissioners to borrow money, and for other purposes, approved December 17, 1902. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act to be entitled An Act to establish, maintain and regulate a dispensary in the city of Ocilla, Irwin county, Georgia (now the town of Ocilla in said county), for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants, and to establish a board of commissioners for the management of said dispensary; to authorize the mayor and aldermen to elect members of said board of commissioners and to fill all vacancies therein; to authorize the mayor and aldermen of said city to pass an ordinance to carry out the purposes of this Act; to provide suitable penalties for violations of any of its provisions; to authorize said board of commissioners to borrow money, and for other purposes, approved December 17, 1902, be, and the same is, hereby repealed. Ocilla, city of, dispensary abolished. SEC. 2. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Approved August 20, 1906. Page 963 OFFERMAN, TOWN OF, INCORPORATED. No. 436. An Act to incorporate the town of Offerman, in the county of Pierce, and to grant certain powers and privileges, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the town of Offerman, in the county of Pierce, be, and the same is, hereby, incorporated under the name of the town of Offerman; that the municipal government of the town of Offerman shall be vested in a mayor and four councilmen or aldermen, who are hereby constituted a body corporate, under the name and style of the town of Offerman, and by that name and style shall have perpetual succession, and shall have a common seal, and be capable in equity and law to purchase and have, hold, receive and retain to them and their successors for the use of the town of Offerman, any estate, real and personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law and equity in this State, and sell, alien or lease any estate, real or personal, the property of or belonging to said corporation, or to convey the same or any part thereof in any manner or way whatsoever; that the corporate limits of the town of Offerman shall extend one mile in every direction from the crossing of the Coast Line and the Atlanta, Birmingham and Atlantic Railroads in said town. Offerman, town of, incorporated. Corporate powers. Corporate imits. SEC. 2. Be it further enacted by the authority aforesaid, That T. H. Howard be, and is, hereby appointed mayor of said town, and F. W. Foster, S. W. Thomas, J. R. Aspinwall and Max Gilmore be, and are, hereby appointed councilmen or aldermen of said town, to hold their offices until the first election of mayor and councilmen of said town on the first Tuesday in December, 1906, until their successors are elected and qualified; the above named officers to enter upon the duties of their office immediately after the passage of this Act, and that on the first Tuesday in December, 1906, and annually thereafter elections for one mayor and four councilmen or aldermen shall be held, who shall hold their office for one year and until their successors are elected and qualified. All persons residing within the corporate limits thirty days next preceding the election, and who are duly qualified electors of said State, shall be deemed electors of said town; said election shall Page 964 be held and conducted in the same manner as election for county officers in this State, and a certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of their duties as such mayor and councilmen or aldermen. Mayor and councilmen appointed. Elections mayor an councilmen SEC. 3. Be it further enacted by the authority aforesaid, That said incorporation shall have and enjoy all the rights and privileges and powers incident to such corporations not in conflict with the Constitution of the United States, the Constitution of this State and laws made in pursuance thereof, and said corporation by its mayor and councilmen or aldermen, shall have full power and authority to enact all ordinances, by-laws, rules and regulations necessary for the good government of said town and securing the health of the inhabitants thereof. General welfare. SEC. 4. Be it further enacted by the authority aforesaid, That the said mayor and councilmen, or aldermen, shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary for carrying into effect the power herein conferred upon them, to prescribe the fees and duties of such subordinate officers and require such bonds for the faithful performance of their duty as they may deem necessary and proper. Subordinate officers SEC. 5. Be it further enacted by the authority aforesaid, That the mayor shall be ex-officio a justice of the peace, and shall have full power and authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses and to examine them under oath; to admit any offender to bail or to commit him or her to jail for the violation of the laws of the State committed within the corporate limits of said town; to commit to the guardhouse for any violation of the ordinances of said town. Mayor ex-officio a justice of the peace. SEC. 6. Be it further enacted by the authority aforesaid, That said mayor and councilmen, or aldermen, shall have power to levy and collect a tax not exceeding two-tenths of one per centum upon all property, both real and personal within the corporate limits of said town. They shall have power and authority to license, regulate or prohibit all shows and the sale of all spirituous liquors, and to pass ordinances for the abatement of nuisances and to lay out streets, and to regulate the width and length of same. They shall also have power to require all persons within said corporation who are subject to road duty under the laws of this State, to work on the streets of said town or they may prescribe a commutation tax, which may be paid in lieu of said work on said streets, and shall have power to imprison any defaulter who fails or refuses to work on said streets when required in the Page 965 guardhouse in said town not exceeding three days for every day he refuses to work; provided, further, that this shall not apply to the mayor, councilmen or aldermen and their minor officers. They shall be excused from street duty. Taxation. SEC. 7. Be it further enacted by authority aforesaid, That the mayor of said town and in his absence, the mayor pro tem., who shall be elected by the aldermen or councilmen from their members, shall be the chief executive officer of said town. He shall see that all ordinances, by-laws, rules and orders made by said mayor and councilmen, or aldermen, are faithfully executed. He shall have control of the police of said town and may appoint special police when he may deem it necessary, and he shall deem it his duty especially to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines and penalties and costs imposed by him, or he may require the immediate payment of same, and in default of immediate payment he may imprison the offender in the guardhouse of said town. Executive powers of mayor. SEC. 8. Be it further enacted by the authority aforesaid, That if at any time the office of mayor and councilmen, or aldermen, shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointing any citizen of said town eligible to such office. Vacancie SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 14, 1906. PEARSON, TOWN OF, NEW CHARTER. No. 655. An Act to create a new charter for the town of Pearson, in Coffee county, and to consolidate and declare the rights and powers of said corporation; to authorize the mayor and council of said town to establish, maintain and operate therein a system of public schools; to provide for holding an election within the corporate limits to determine the question of creating a bonded indebtedness against said town for the purpose of raising revenue with which to erect the necessary school building; to provide Page 966 for the assessment and collection of an annual tax on the property of said town with which to pay the principal and interest of the bonds issued under this Act; to provide for the creation of a board of education for said town and to fix and define its powers and duties; to confer additional powers upon the mayor and council of said town of Pearson, 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 pasage of this Act, the town of Pearson (heretofore incorporated under the laws of Georgia) shall have and be known by the corporate name of the town of Pearson. Pearson, town of. SEC. 2. Be it further enacted, That the corporate limits of the town of Pearson shall extend the distance of one mile in every direction from a common center. The first public crossing over the main line of the Atlantic Coast Line Railroad, east of the railroad's depot, is hereby designated and established as a common center, making said corporate limits two miles in diameter. Corporate limits. SEC. 3. Be it further enacted, That the municipal authority of said town of Pearson shall vest in a town council, to be composed of a mayor and four councilmen, who are hereby constituted a body corporate by the name of town of Pearson, and by such corporate name to have perpetual succession; sue and be sued; plead and be impleaded; adopt, make, have and use a corporate seal; to receive by purchase or donation, hold, sell, mortgage or otherwise dispose of all real and personal property for the use and benefit of said town, or as may be necessary to the better discharge of the powers, rights, duties and authority imposed by this Act, and needful for the preservation and enforcement of the good order, government and welfare of said town; to make, adopt and enforce all necessary by-laws, orders, ordinances, rules and regulations not contrary to the Constitution and laws of Georgia and the United States, and to have all other and further powers, rights and authority usually granted to municipal corporations. Mayor and councilmen, corporate powers. SEC. 4. Be it further enacted, That the first election for town council for the town of Pearson under this Act shall be held on the second Tuesday in December, 1906, and each year thereafter on the same day and in the month; said election to be held under existing laws regulating the holding of county elections, and at such polling place as said town council may designate. The superintendents of all municipal elections held under this Act shall be appointed by said town council, and superintendents holding Page 967 any election shall make return thereof to said town council at the first regular meeting thereafter. Annual elections of mayor and councilmen. SEC. 5. Be it further enacted, That should said election not be held at the prescribed time in any year the mayor or mayor pro tem. shall call an election by posting notices at three public places in said town at least ten days before the election is to be held. Said notices shall state the officer or officers to be elected, date of election and polling place, and names of the superintendents. All vacancies in the town council shall be filled by elections called in the same manner. Elections. SEC. 6. Be it further enacted, That any white male citizen of said town of Pearson shall be eligible to election as mayor or councilman who, in addition to being qualified to vote for members of the General Assembly, is a freeholder in said town, and has been a bona-fide resident of said town for one year next preceding the election. Any person who, in addition to being qualified to vote for members of the General Assembly, has been a bona-fide resident of the town for three months, shall be eligible electors for said town of Pearson. Electors. SEC. 7. Be it further enacted, That any person voting at any election in said town who, at the time of voting, is not a qualified voter under this Act, shall be guilty of a misdemeanor, and upon indictment and conviction thereof be punished as prescribed by section 1039 Penal Code of 1895. Illegal voting. SEC. 8. Be it further enacted, That said town council shall have power and authority to elect such subordinate officers as it may deem necessary to the successful exercise and to administer the powers and authority herein granted; to prescribe their duties and compensations; and to require of such subordinate officers indemnity bonds, payable to the town of Pearson, as may be deemed necessary; prescribing the amount of and number and qualification of the sureties on each of such bonds. Subordinate officers SEC. 9. Be it further enacted, That the mayor and councilmen, and all subordinate officers, shall hold their respective offices for a term of one year or until their successors are elected and qualified, unless removed sooner for cause. They shall, before entering upon the discharge of their respective duties, subscribe to the following oath, administered by any officer authorized by the laws of Georgia to administer oaths: I , do solemnly swear, or affirm, that I will faithfully and impartially discharge all the duties devolving upon me as mayor (councilman or other officer, as the case may be,) of the town of Pearson, protect and promote her interest and prosperity, and every citizen thereof, without fear, favor or affection, according to the best of my Page 968 ability; so help me God. Said oaths, with the officer's jurat attached, shall be in written or printed form, and when executed, filed for preservation with the officer entrusted with the records of said town. Oath of officers. SEC. 10. Be it further enacted, That said town council shall have general powers within said town of Pearson, over the following matters: To assess, levy and collect taxes to an amount sufficient to create, regulate and maintain a proper and legal government for said town; to define and abate nuisances; to establish a fire limit and prescribe the materials to be used therein for the erection or repair of all buildings; to condemn and remove, under proper legal procedure, all unsafe or dangerous structures; to regulate the use of firearms, fireworks or other dangerous explosives; to have general supervision of the roads, streets and sidewalks of said town; to discontinue and close up any unnecessary road, street or sidewalk; to condemn, lay out and open up any new road, street or sidewalk where and when it is deemed to the best interest of the town and the general good, and to work and keep the same in repair; to provide protection for all lawful assemblages and the premises where held; to provide means for the maintenance of sanitation and the preservation of the public health; to provide protection for persons and property within the corporate limits; to preserve good order, good morals, peace and tranquility within the town; to regulate the observance of Sunday; to make, execute and perform all contracts necessary for the welfare of the town or its citizens. Said town council shall have special powers to grant franchises to any individual, company or corporation desiring to construct, erect and operate within the corporate limits of said town any public utility or manufacturing enterprise and to regulate the exercise thereof; to regulate and control, in harmony with State and county regulations, the sale of spirituous, vinous, malt or other intoxicating liquors within the corporate limits of said town, and to enact ordinances for the prevention of the sale by the punishment of any person who, in any illegal manner, may keep, sell or offer for sale in said town any spirituous, vinous, malt or any other intoxicating liquors without first complying with the laws and ordinances relative thereto; to vacate and close up any house, room or other structure within the corporate limits occupied and used for the purpose of practicing, promoting or encouraging lewdness, vagrancy, gambling, or other illegal or immoral conduct. Said town council shall have full power and authority to enact by-laws, orders, ordinances, rules and regulations not contrary to the Constitution and laws of Georgia or the United Page 969 States, prescribing the manner and providing the means of enforcing these general and special powers. Corporate powers. SEC. 11. Be it further enacted, That said town council, in the exercise of the power of taxation, may assess, levy and collect an ad valorem tax, not exceeding fifteen mills, on all property, real and personal, within said town of Pearson; shall have authority to supervise and revise all returns and to double-tax all persons failing or refusing to make returns of their property; to assess, levy and collect a specific or license tax upon all trades, business, callings, professions, agencies, sales, labor and all other pursuits which are the legal subjects of taxation; to assess, levy and collect from all persons residing within the corporate limits of the town of Pearson, subject to road duty under existing State laws, a capitation street-tax not to exceed three dollars per annum, but said taxpayer shall first have the opportunity, in lieu thereof, to work four days of eight hours each under the supervision of the proper town authority. Thirty days continuous residence in the town shall be sufficient to constitute one a citizen so as to render him liable to the payment of said street-tax. Taxation. SEC. 12. Be it further enacted, That there shall exist a lien on all the property, real and personal, within the corporate limits of said town for the town taxes assessed thereon, and for all fines, penalties and forfeitures imposed upon the owners thereof by the town's authority from the time the same are assessed or imposed, which liens shall have priority over all other liens except liens for taxes due the State and county, and said town council shall, by ordinance, provide the manner in, and the means by, which said liens may be enforced and said taxes collected. Liens. SEC. 13. Be it further enacted, That said town council shall prescribe the time and manner in which and the officer to whom all property, occupations, etc., shall be returned for taxation by the taxpayers of said town, and it shall be the duty of said officer to value the real estate for taxation and to scrutinize carefully each and every return of property, real or personal, by the tax-payers of said town of Pearson, and if, in his judgment, the property embraced in any return or portion of any return has been returned at an undervalue, the said officer shall assess the value thereof, and give written notice of such assessment to the taxpayer within ten days thereafter, and said taxpayer, if dissatisfied with the assessment, shall have the right of appeal to the town council, under such rules and regulations as said town council may prescribe, whose judgment shall be final. Tax returns. SEC. 14. Be it further enacted, That said town council shall Page 970 organize a municipal court for the trial of all offenses against said town and fix the time and place of holding same; provide a town prison for the safe-keeping of prisoners awaiting trial, or convicts engaged in working out sentences, and the punishment of offenders, and organize a work-gang for the alternative punishment of persons convicted in said municipal court. City court and penalties. SEC. 15. Be it further enacted, That the mayor shall be the chief executive of said town, and shall see that the by-laws, orders, ordinances, rules and regulations of the town council are faithfully enforced; he shall have control of the police of said town, and authority to appoint special police whenever he may deem it necessary; he shall preside at the municipal court for the trial of all offenses against the town and, when there is a conviction, to pronounce judgment of sentence; fines not to exceed one hundred dollars ($100.00), confinement in the town prison not to exceed thirty (30) days, labor on the work-gang not to exceed sixty (60) days, as he may deem proper; the punishment other than fine shall be alternative. Said mayor shall have full power and authority to issue executions for all fines, penalties, forfeitures and costs imposed by him and to enforce the same. Executive powers of mayor. SEC. 16. Be it further enacted, That the mayor and each councilman of the town of Pearson shall be bound to preserve the peace, and for this purpose shall be ex-officio justices of the peace to enable them or any one of them to issue warrants for offenses committed within the jurisdiction of the town of Pearson, and shall have authority to compel the attendance of witnesses and to examine them under oath, and to commit the accused to the town prison of Pearson or to the jail of Coffee county, or admit to bail, if the offender be bailable, to appear before the next city court of Douglas or the superior court of Coffee county. Mayor and councilmen ex-officio justices of the peace. SEC. 17. Be it further enacted, That the mayor, any councilman, or any subordinate officer of said town may be removed from office by a majority vote of the town council, upon conviction before said town council, for persistent neglect of duty, malpractice in office, or any conduct involving moral turpitude or calculated to bring the town council under reproach; they shall further be liable to the same punishment as other persons for violations of the ordinances of said town. No officer shall have any interest, directly or indirectly, in any contract to which the town is a party, nor shall any councilman be allowed to vote in any matter or on any question in which he has any personal interest whatever. Malpractice SEC. 18. Be it further enacted, That said town council at any Page 971 time subsequent to January 1, 1907, may submit to the qualified voters of the town of Pearson, under provisions of sections 377 to 381, both inclusive, of the Political Code of 1895, the question of issuing bonds in a sum not to exceed ten thousand dollars ($10,000), to be held for the sole purpose of establishing, building, maintaining and operating a system of public schools for said town of Pearson. The ballots at said election shall be written or printed For bonds or Against bonds. Should said election be favorable to bonds, then said town council of Pearson shall be, and it is, hereby authorized to issue and sell school bonds not to exceed ten thousand dollars ($10,000) in the aggregate, of the denomination of one hundred ($100.00) or five hundred dollars ($500.00) each, to be due and payable at such time or times within thirty (30) years after the issue thereof, as said town council may determine, and bear not exceeding six per cent. interest per annum, payable annually or semi-anually, as said town council may determine. Such bonds shall not be sold for less than par. Said school bonds shall be signed by the mayor and countersigned by the treasurer of said town of Pearson. Said town council is hereby authorized to annually assess, levy and collect a tax on all of the property, real and personal, within the corporate limits of said town in such sum only as may be deemed necessary for the specific purpose of paying the interest on said bonds as it shall accrue, and to accumulate a sinking-fund for the payment of the principal of said bonds at their maturity. The tax so assessed, levied and collected shall be kept separate and distinct from all other taxes, and used solely for the purpose of paying the interest and principal on said bonds as aforesaid. The principal of said bonds, when they shall become due, shall be receivable by the said town of Pearson in payment of all dues to said town, and said bonds shall not be taxable, directly or indirectly, by said town of Pearson. But should the election herein provided for be unfavorable to bonds, then, and in that event, said town council may at its own instance, and shall on the application of five (5) freeholders of said town, order another election under the provisions of this Act; provided, such elections shall not be held oftener than once in every six months. School bonds. SEC. 19. Be it further enacted, That said town council may by local taxation or otherwise establish, maintain, support, provide for and operate in the manner hereinafter provided by this Act a system of public schools for Pearson, Coffee county, Georgia, for a period of not less than five nor more than ten scholastic months in each year. However, before this section shall become operative and go into effect, said town council of Pearson shall Page 972 order an election and submit to the qualified voters of said town of Pearson at any time after the passage and approval of this Act the question whether or not such public schools shall be established, maintained and operated, said election to be held in conformity with the provisions of article 8, section 4, paragraph [Illegible Text] of the Constitution of Georgia relative to local taxation to establish and support public schools. Notice of said election, signed by the mayor and clerk of council, shall be given for four weeks in the official newspaper of the town, or by posting in three public places in said town. Said election shall be held in the manner as other municipal elections, the ballots written or printed For public schools and Against public schools, and the superintendents shall make return thereof to the said town council at its next meeting to be entered on the minutes. Should two-thirds of the qualified voters of said town of Pearson voting in said election vote in favor of public schools, this section shall at once become operative. Should the result of said election be unfavorable to public schools, then, and in that event, said town council may at its own instance, and shall on application of ten (10) freeholders of said town, order another election under the provisions of this Act; provided, such elections shall not be held oftener than once in every six months until the result is favorable to the adoption of this Act. School tax SEC. 20. Be it further enacted, That said town council shall, as soon as the election provided for in the preceding section shall result in favor of public schools, be authorized to assess, levy and collect an annual public-school tax not to exceed three mills on all the taxable property of said town, real and personal ( provided, the ad valorem tax assessed against the property of said town shall at no time exceed fifteen mills), which shall be used solely for the purpose of establishing, maintaining and operating said public schools, and to provide necessary furniture, apparatus, etc., for said school. Said town council, whenever it shall be found necessary, is hereby authorized to supplement the public-school fund thus secured from the general fund in the town treasury when there shall be an unappropriated surplus. This tax shall be collected by January first of each year after the same is assessed. School tax. SEC. 21. Be it further enacted, That the management and control of said schools and school property shall be entrusted to a board of education, composed of five (5) members, and to be known as Board of Trustees, elected by said town council for a term of one year, or until their successors are elected and qualified. The first election for board of trustees shall be held on the Page 973 second Tuesday in January, 1907, and annually thereafter. Said board of trustees shall have all the powers usually granted and incident to a board of education, and especially to receive any donation, gift or bequest of property, real and personal, and to hold, use, sell, mortgage, apply and expend the same as they may deem wise for the benefit of the public schools of said town. Board of trustees. SEC. 22. Be it further enacted, That the board of education of Coffee county shall not establish or operate any school within three miles of the common center herein designated and established for said town of Pearson, nor have any authority or voice in the management or control of the schools established under the provisions of this Act. Other public schools. SEC. 23. Be it further enacted, That the State School Commissioner of Georgia shall pay over to the board of trustees provided for by this Act the pro rata share of the State and county school fund to which the town of Pearson is entitled, according to the number of children of school age residing within the corporate limits, increased by the number of children of school age residing without the corporate limits who shall attend said school. For each child of school age residing within the corporate limits of Pearson, and for each child of school age residing without its corporate limits, but attending the public schools of the town of Pearson, the town of Pearson is entitled to receive for each year the amount apportioned from the State school fund for each child of school age residing in Coffee county. The amount to be paid shall be paid at such times as the teachers of the counties are paid, and when paid shall be expended by the said board of trustees for the maintenance of the public schools of the town of Pearson. Pro rata share of State and county school fund SEC. 24. Be it further enacted, That all children between the ages of six and eighteen who are bona-fide residents of said town of Pearson, with their parents or guardians, shall be entitled to the benefit of said schools, and no such child or children shall be required to pay any tuition for such course of study as is now provided by law in the public schools in the several counties of the State. But the board of trustees may, in their discretion, require children living outside the limits of said town to pay tuition for and during the school terms; provided, all such tuition charges shall become a part of the fund for the maintenance of said public-school system, and must be so used and accounted for, as shall likewise any other fees by said board of trustees. School children SEC. 25. Be it further enacted, That the child of no person shall have the benefit of said public schools who fails or refuses to pay all taxes assessed against him or her by the corporate Page 974 authorities of the town of Pearson, and for which he or she is liable. The board of trustees shall enforce this section with great care and discretion. Tax delinquents. SEC. 26. Be it further enacted, That said board of trustees shall make annual reports to the town council of Pearson, in writing, of the condition of said schools, and shall accompany said report with an itemized statement of all moneys received and expended by them and present the vouchers therefor. This report shall also contain an estimate of the amount of funds required for the proper conduct of said school for the ensuing school year, and like reports shall be furnished at any time by said board of trustees when called for by said town council. School reports. SEC. 27. Be it further enacted, That the treasurer of said town of Pearson shall be the custodian of the funds raised under the provisions of this Act, keeping each separate, and it is hereby made the duty of said treasurer to use the money arising from the sinking-fund tax, or such part as may be necessary, in paying the interest coupons on the said bonds as the same shall from time to time become due, and at the maturity of said bonds said treasurer shall fully pay off and discharge the principal and remaining interest due thereon out of whatever funds there may be in his hands appropriated for that purpose, and upon the payment of said bonds the said treasurer shall turn over the same to said town council to be cancelled. Treasurer. SEC. 28. Be it further enacted, That it shall be the duty of the treasurer of Pearson to make to the town council semi-annually, on the second Tuesdays in June and December of each year, a report in writing of his actings and doings as treasurer, including an account of all moneys received and all moneys disbursed by him as the treasurer of said town, and said town council shall cause said report to be published in the official newspaper of the town or by posting at three public places in said town. Reports of treasurer. SEC. 29. Be it further enacted, That all ordinances heretofore adopted by the town council of Pearson for said town, and which are now in force and not in conflict with this Act, shall remain in full force and effect; provided, that said town council of Pearson may at any time repeal, alter or amend any or all of said ordinances, or it may by an ordinance repeal all ordinances heretofore passed. Existing ordinances. SEC. 30. Be it further enacted, That all Acts of the General Assembly heretofore passed conferring any powers on the town council of Pearson which are now in force and not in conflict Page 975 with this Act, and other than those contained in this Act, are not repealed, but all provisions of former Acts which are at variance with this Act are hereby expressly repealed, and all laws and parts of laws in conflict with this Act are hereby repealed. Conflicting laws. Approved August 21, 1906. PELHAM, TOWN OF, CHARTER AMENDED. No. 475. An Act to amend an Act incorporating the town of Pelham, in the county of Mitchell, and the various Acts amendatory thereof, so as to provide for establishing, maintaining and operating an ice plant for the manufacture and sale of ice, in connection with an electric light plant or any other public utility in said town, or not in connection therewith; to provide for the issuing of bonds in order to establish, maintain and operate such plant, or other public utilities; to provide for a commission to be known as the water and light commission, and to prescribe their duties and powers; to provide for a levy of taxes for the purpose of paying off all bonds issued 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, town of, charter amended. SEC. 2. Be it further enacted by the authority aforesaid; That from and after the passage of this Act the mayor and councilmen shall have full power and authority to levy and collect an annual ad valorem tax of not exceeding five-tenths (5/10) of one per cent. (1%) on the real and personal property in said town for the purpose of creating a sinking-fund to be used in paying the principal and interest of any bonded indebtedness of said town, said tax to be in addition to the tax provided for in section nine (9) of the original Act incorporating said town, which original Act was approved September 14, 1881, and the mayor and councilmen Page 976 shall have full power and authority to pass all laws and ordinances necessary for the collection of said tax by execution, levy and sale. Taxation. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to erect, establish, equip, maintain and operate in said town an ice plant for the manufacture and sale of ice to the citizens of said town, or to any other person or corporation, and through their officers, agents and employees to do all acts and things necessary, usual or convenient to the carrying on of such business of manufacturing and selling ice. Said ice plant may be erected and operated in connection with an electric light or waterworks plant, or any other public utility in said town, or not in connection therewith. Said mayor and councilmen shall have the power and authority to operate said ice plant themselves, or to lease it to others for a yearly or monthly rental on such terms as seem to them best. Ice plant. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to lease to any person, firm or corporation any public utility or business enterprise belonging to said town for a period of not exceeding ten years, upon such terms and conditions as to them may seem best with the power and authority to make all contracts that may be necessary in regard thereto. Lease of public utilities. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to issue the bonds of said town for the purpose of erecting, establishing, equipping, maintaining and operating an ice plant, or such other public utility or utilities in said town as are authorized by this Act, or which have heretofore been authorized by law; provided, that in issuing said bonds all the provisions of the Constitution and laws of this State regarding the issuing of municipal bonds shall be fully complied with. Municipal bonds. SEC. 6. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, there shall be a commission in and for said town of Pelham to be known as the water and light commission. This commission shall be composed of three upright and intelligent persons elected by the mayor and councilment from the qualified voters of said town who shall each receive, as compensation, one dollar ($1.00) for each attendance on the meetings of said commission, and in addition to which the chairman shall receive ten dollars per month for his services as chairman of said commission. The chairman of said commission may also hold the office of superintendent and (or) engineer Page 977 of water and light commission, in which case his salary or compensation as such shall be fixed by town council. One of said commissioners shall be elected by town council for a term expiring February 1, 1908; another for a term expiring February 1, 1909; another for a term expiring February 1, 1910. When a vacancy occurs on the water and light commission, the mayor and council shall elect a commissioner for the unexpired term. On the first Wednesday in January, 1908 (unless for cause a majority of councilmen shall postpone said election to some date prior to installation of new board of councilmen for that year), and annually thereafter, the mayor and councilmen shall elect a successor to the commissioner whose term expires on the first of the following month, and he shall be elected for a term of three years and until his successor is elected and qualified, unless sooner removed from office. Members of the water and light commission shall, before entering upon the discharge of their duties, take and subscribe an oath to faithfully perform their duties as such members of said commission, which oath shall be placed on record on the minutes of the council. Water and light commission. SEC. 7. Be it further enacted by the authority aforesaid, That such commission shall have the power and authority to erect, equip, maintain and operate under the direction of the mayor and councilmen an ice plant, electric light plant, waterworks, a sewerage system, and shall have full power and authority to contract for the construction and operation of any or all of said utilities or enterprises subject to the approval of the councilmen and to pay for same with and out of the funds arising from the sale of the bonds of said town or from the revenue arising from the operation of such plants and utilities or other funds appropriated to this purpose by the board of councilmen. They shall have power and authority with approval of town council to make alterations or changes, to extend and enlarge, repair and maintain any of said plants and utilities, and to contract for and sell any of the power, products and privileges arising from their operation; to erect and maintain public hydrants, fire plugs, wires and electric lights within the town limits and elsewhere as the mayor and councilmen may direct; to supply the town with lights, water for fire or other purposes, as may be necessary, also for flushing sewers, sprinkling streets, and for all other purposes that the mayor and councilmen may deem proper; they shall regulate and provide for the private use of water and lights, fix the price, and time and place of payment therefor, subject to approval of councilmen, and in default of payment for water and lights, they may shut them off and keep the same shut off until all Page 978 arrears are fully paid. If it becomes necessary to enforce payment, the clerk of said commission, who may also be clerk of council, shall issue execution for the amount due for lights and water, which shall be levied and collected as other executions; said commissioners may expend so much of the income from this plant as may be necessary and authorized by town council, for the maintenance and operation of the same, and the surplus, if any, shall remain in the town treasury; said commissioners shall annually elect a superintendent and engineer, who may be one person, and from time to time shall appoint such other agents and servants as may be necessary to operate said plant, and prescribe their salaries or pay, subject to approval of council; they may remove any person whom they have elected or appointed at any time without assigning any cause therefor; said commissioners shall elect a clerk who may also be clerk of council or superintendent of water and light commission for their body from the citizens of the town, who shall keep the books and collect bills for said commissioners, and perform such other duties as they may prescribe; said clerk shall give bond in some approved guarantee company and in such sum as the town council may require, conditioned for the faithful discharge of his duties, for the prompt payment of all moneys he may collect to the town treasury, which bond shall be made payable to the said town council and their successors in office. The commissioners shall make such rules and regulations for the government of their servants and employees, and for the distribution and use of the products of said plants as they may deem proper, but they shall not make any contracts for water or lights for a longer period than one year without approval of town council. Said commissioners shall make monthly, on the second Wednesday in each month, returns to the mayor and town council of all receipts and disbursements by them and pay over to the town treasurer for credit to the account of water and light funds all moneys in their hands, and shall make such other statements and reports as the mayor and council may require; said commissioners shall be amenable to said mayor and council, and subject to removal from office by them for neglect of duty or malfeasance in office, or other good cause. Ice, water and light SEC. 8. Be it further enacted by the authority aforesaid, That said commissioners may adopt such rules and regulations for the protection of said system under their control as they may deem proper, and when approved by the mayor and council of said town by appropriate ordinance, they shall have the force and effect of ordinances of said town, and any person violating Page 979 any one or more of said rules and regulations shall be tried by the mayor, or mayor pro tem., and on conviction shall be punished as for violation of other ordinances of said town. Protection of public utility plants. SEC. 9. Be it further enacted, That the sinking-fund herein provided for shall from time to time be invested by the town council whenever the amount shall reach five hundred dollars ($500.00) or more. 1st. In the bonds of the town of Pelham of the earliest maturity and at a price which will yield a net interest rate of not less than four (4) per cent. 2d. In the solvent bonds of other municipalities and counties of this State, having a market value of not less than par and maturing on or prior to the date when the next bonds of the town of Pelham shall mature and at a price which will yield a net interest of not less than four (4) per cent. 3d. In the notes of individuals or corporations secured by controvertible stocks and bonds having a market value of not less than par, and worth not less than twice as much as the sum loaned, at a rate of interest not less than five (5) per cent. Sinking fund. 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. Approved August 17, 1906. PENDERGRASS, TOWN OF, CHARTER AMENDED. No. 669. An Act incorporating the town of Pendergrass, in the county of Jackson, approved December 30, 1890, 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 30, 1890, creating a charter for the town of Pendergrass, in Jackson county, be, and the same is, hereby amended as herein set out, and said town is herein incorporated under the name of the town of Pendergrass. Pendergrass, town of. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Pendergrass shall extend in every direction the distance of one-half mile from the depot of the G. M. Railroad in said town. Corporate limits Page 980 SEC. 3. Be it further enacted, That the municipal authorities of said town shall be a mayor and four councilmen, two of whom shall be elected at the first annual election occurring after the adoption of this charter for one year and two for two years, and two members annually afterwards, who are hereby constituted a body corporate, by the name of the town of Pendergrass, and by said name may sue and be sued, plead and be impleaded, purchase and hold real estate necessary to enable them to the 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. Mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That the present mayor and councilmen of the town of Pendergrass shall continue in office until the expiration of the terms for which they were elected, and until their successors are elected and qualified; and they and their successors and associates shall have and exercise all the rights, powers and duties hereby conferred on the council of said town created by this Act. Mayor and councilmen. SEC. 5. Be it further enacted, That on the first Saturday in December, 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 as govern the elections for members of the General Assembly. All persons who shall have resided within the corporate limits six months immediately preceding said election, and shall have paid all taxes demanded of them by State, county and municipality, shall be entitled to vote in said election. Elections of mayor and councilmen. SEC. 6. Be it further enacted, That the mayor and councilmen and such other officers of said town as hereinafter provided for shall, after election or appointment to his office, and before he shall enter upon the duties thereof, take and subscribe to the following oath (which may be administered by any officer authorized by the Code of Georgia to administer oaths): I do solemnly swear or affirm that I will faithfully discharge all duties incumbent on me as mayor or councilmen, or other officer, of the town of Pendergrass according to the best of my ability; so help me God. Said oath, with the certificate of the officer administering the same, shall be filed with the officer entrusted with the records of said town, and entered on the minutes. Oath of officers. SEC. 7. Be it further enacted by the authority aforesaid, That at the first meeting of the council, after being qualified, the mayor and council shall elect one of their number mayor pro tem., who shall have authority to discharge all the duties of mayor, whenever Page 981 from sickness, absence or any cause the mayor is disqualified or can not act. SEC. 8. Be it enacted by the authority aforesaid, That said mayor and councilmen shall have the power and authority to elect a marshal or chief of police, clerk and treasurer, 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 bonds being 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 have one person to execute the duties devolving upon two or more distinct offices. The salaries of the mayor and all other officers and councilmen shall be fixed by them, at their first meeting after their election each year and the same entered on their minutes. Subordinate officers SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power therein to lay off, close, open and keep in good order and repair streets, and condemn land for street purposes, sidewalks, etc., for the use of the public; 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 when held; to abate or cause to be abated anything which in the opinion of the majority of the 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. But the tax rate shall, in no event, be greater than one per cent. of the value of the taxable property; to adopt rules for the regulations and government of its own body. The mayor and council shall have power to make and pass all needful orders and 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. Corporate powers. SEC. 10. Be it further enacted by 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 three 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 in case of a tie. If, at any meeting, Page 982 there is not a quorum present, the presiding officer may adjourn such meeting to some future time. Meetings of council. SEC. 11. Be it further enacted by authority aforesaid, That if a vacancy should occur in the council by death, resignation or otherwise, that an election shall be ordered by the mayor or mayor pro tem., or if both these offices be vacant the clerk of council shall give notice for ten days preceding such election to fill said vacant terms. Said election shall be held exactly as regular election for town officers. Vacancies. SEC. 12. Be it further enacted, That the mayor and council of Pendergrass shall have power and authority to levy and collect a street-tax in addition to other taxes, a tax not to exceed five dollars annually upon each and every male person within the corporate limits of said town subject to road duty under the laws; provided, that said persons so taxed shall have an opportunity to work the streets, and may relieve themselves of said tax by working on the streets not exceeding ten days in each year, under direction of marshal or street overseer. Any person or persons refusing to pay said tax, or work the streets in lieu thereof, may, after five days' notice, be sentenced by the mayor to work on the streets or imprisonment for not more than thirty days. Thirty days' continuous residence in the incorporate limits of said town shall be sufficient to constitute one a resident of said town so as to subject him to a liability to pay said street-tax. Street tax. SEC. 13. Be it further enacted, 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 occupation carried on within the corporate limits of said town; they shall have power to tax, license, control and regulate all 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 and lecturers of all kinds, itinerant lightning-rod dealers, clocks, stores and sewingmachine peddlers, and peddlers of all kinds, itinerant dealers in jewelry, medicine, spectacles, eye-glasses, stereoscopes and stereoscopic views, and all other traveling or itinerant dealers, insurance agents, life and fire insurance companies, all solicitors or canvassers selling goods, wares or merchandise, by sample, at retail, to consumers, except such as are exempted by the laws of this State; also every keeper of a pool, billiard or bagatelle table kept for public use or gain; every keeper of shooting-gallery, tenpin-alley, or any other number of pins; and the keeper of other gallery, table, stand or place for the performance of any game or play, whether played with sticks, cards, balls, dice, except Page 983 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-rink, photograph-galleries and itinerant photographers, and all other establishments, businesses, calling or vocation, and which under the laws of the State are subject to license, and no license granted by the mayor or councilmen of said town shall ever be transferable, but shall cease and be void when transferred. Special taxes. SEC. 14. Be it further enacted, That the mayor and council of said town shall have the power to take up or impound any horses, mules, hogs, goats, sheep, cows or other cattle running at large in said town, and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town. Animals. SEC. 15. Be it further enacted, That the mayor and council shall be forever prohibited from granting license in any form to any one to sell spirituous, vinous, malt or other intoxicating beverages within said town of Pendergrass, and the said mayor and council shall have the right and authority to pass an ordinance prohibiting any one from keeping any kind of intoxicants for the purpose of illegal sale within the corporate limits of said town. Sale of liquors. SEC. 16. Be it further enacted, That said mayor and council shall have power to enact ordinances in regard to the observance of the Sabbath (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 inconsistent with the proper religious observance of the day. Observance of the Sabbath. SEC. 17. Be it further enacted, That said mayor and council shall have the power to regulate the use of all firearms, fireworks, or any explosives whatever, whether used in sport or otherwise. Explosives. SEC. 18. Be it further enacted, That said mayor and council 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 places. SEC. 19. Be it further enacted, That the mayor and council of said town shall have full power and authority to make and enforce for any length of time such rules and regulations as they Page 984 may deem proper to prevent the introduction into said town of any infectious or contagious diseases or to isolate, localize or prevent the spread or increase of the same when found in the town. Public health. SEC. 20. Be it further enacted, That the said authorities shall have power and authority to fix a fire limit in said town; to prescribe the material to be used in the buildings within said limits; to prescribe regulations guarding against damage by fire, and for this purpose shall have power to prohibit within the fire limits, the use of the buildings within said limits for any purpose classed hazardous by the mayor and councilmen, and without a permit; to prohibit the building or repairing of any building within said limit of material other than prescribed by said town council; and if any person shall build or repair any building contrary to the above said mayor and council shall have power to tear down the same, or cause the same to be done at the expense of the owner. Said council shall have power to condemn all unsafe and 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 said town 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. 21. 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 of the mayor the mayor pro tem. shall hold said court, and in the absence or disqualification of both mayor and mayor pro tem., any of the councilmen may hold said court. Said court shall have power to preserve order and compel the attendance of witnesses, punish for contempt by imprisonment not exceeding five days, or fine not exceeding ten dollars, one or both. Said mayor shall have full authority, upon conviction, to sentence any offender to labor upon the street, chain-gang or such other places where the offender may be lawfully placed at work under the provisions of this charter for a period not exceeding ninety days, or a fine not exceeding one hundred dollars, or to sentence the offender to be confined or imprisoned in the guardhouse 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 or councilmen. Mayor's court. Page 985 SEC. 22. Be it further enacted, That the mayor of said town shall have authority to bind over or commit to jail offenders against any criminal laws of Georgia whenever in the course of investigation before him a proper case thereof shall be made out by evidence. Appearance bonds. SEC. 23. Be it further enacted, That said mayor and council shall have the right and authority to establish a chain-gang in said town, provide for the confinement of the prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their confinement; employ guards and convict bosses, and generally to provide for the proper government and control of said convicts. Chain-gang SEC. 24. Be it further enacted, That all ordinances, by-laws, rules and regulations now in force in said town of Pendergrass, not inconsistent with this Act, are hereby declared valid, and of force, until amended or repealed by said mayor and council of said town. Existing ordinances. SEC. 25. Be it further enacted, That said mayor and council shall have power, at any future time they deem it best, for the best interset of said town, to order an election to be held in said town on the question of issuing bonds of said town for such public improvements as a system of waterworks, electric lights, or buying suitable real estate and erecting school buildings and equipping and maintaining the same; said bonds may be issued for either one or all of the objects enumerated. Said bond issue shall not exceed the sum of $25,000, and shall be of such denomination as said council shall determine; said bonds shall bear interest not to exceed 6 per cent. per annum, which interest shall be paid annually; said bonds shall not run for a longer period than thirty years. They shall be signed by the mayor of said town and countersigned by the treasurer, and shall be negotiated by said mayor and council in such way and manner as said council shall determine to be to the best interest of said town. Notice of the aforesaid election shall be given by publishing in the newspaper in which the sheriff's legal advertisements appear, at that time, in the county of Jackson, once each week for thirty days immediately preceding said election, notifying the qualified voters of Pendergrass that 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 bonds proposed to be issued, and for what purpose to be issued, 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 are to be fully paid off. At the election held on the Page 986 day named in said notice all persons voting for bonds shall have on their ballots For bonds, all voting against the issue shall have written or printed on their ballots Against bonds. If two-thirds of the qualified voters of said town voting at said election shall vote for bonds, then the said mayor and council are hereby authorized and empowered to issue the bonds of said town, not to exceed the amount named in notice of said election. Municipal bonds. SEC. 26. 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 mayor and council, and are to be used only for the specific purpose for which said bonds were issued. Proceeds of bonds. SEC. 27. Be it further enacted, That said mayor and council shall annually levy and collect a sufficient tax on the taxable property of said town to pay the interest on said bonds as same shall become due, and also to provide for the redemption of said bonds as they shall become due. Tax to pay bonds. SEC. 28. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, repealed. Approved August 21, 1906. PEPPERTON, TOWN OF, CHARTER AMENDED. No. 605. An Act to amend an Act entitled An Act to amend an Act incorporating the town of Pepperton, in Butts county, Georgia, so as to change the corporate limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act amending the Act incorporating the town of Pepperton, in Butts county, Georgia, approved November 22, 1900, be, and the same is, hereby amended by striking from section 1 of said Act all of the words as follows: In the eighth line begin with the word Beginning, and strike out down to and including the word point, in line fourteen, and substituting therefor the words as follows: Beginning at the northeast corner of Pepperton cemetery at an iron stake, and run due west one hundred and twenty-six rods, and thence due north to the property of Frank Z. Curry, and thence due west along said property to the street, and thence north along said street to the street running east and west, and thence east 210 feet, and thence south 105 feet, and Page 987 east to the limits of the Curry property, and thence along the original boundary line of said town of Pepperton to the starting point, so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Beginning at the northeast corner of Pepperton cemetery, at an iron stake, and run due west one hundred and twenty-six rods, and thence due north to the property of Frank Z. Curry, and thence due west along said property to the street, and thence north along said street to the street running east and west, and thence east 210 feet, and thence south 105 feet, and east to the limits of the Curry property, and thence along the original boundary line of said town of Pepperton to the starting point. Pepperton, town of. Corporate limits. SEC. 2. Be it further enacted, That all laws conflicting with this Act be, and the same are, hereby repealed. Approved August 20, 1906. POULAN, TOWN OF, CHARTER REPEALED. No. 689. An Act to repeal an Act approved December 21, 1899, entitled An Act to incorporate the town of Poulan, in the county of Worth, in the State of Georgia; to define the corporate limits of said town; to provide for the election of a mayor and aldermen and other town officers for the government thereof; to enact all necessary ordinances; to provide penalties for violations of same; to regulate the sale of merchandise and other commodities; to constitute and maintain a system of sewerage; to regulate fire, police and sanitary protection; to raise revenue by taxation, specific licenses and otherwise; to defray expense of town government; to grant franchises as may be deemed necessary; to provide for the laying out of streets, alleys, sidewalks, drives and other public grounds and maintaining same, and for other purposes, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That an Act approved December 21, 1899 (Acts of 1899, page 265), entitled An Act to incorporate the town of Poulan, in the county of Worth, in the State of Georgia; to define the corporate limits of said town; to provide for the election of a mayor Page 988 and aldermen and other town officers for the government thereof; to enact all necessary ordinances; to provide penalties for the violation of same; to regulate the sale of merchandise and other commodities; to constitute and maintain a system of sewerage; to regulate fire, police and sanitary protection; to raise revenue by taxation, specific licenses and otherwise; to defray expenses of town government; to grant franchises as may be deemed necessary; to provide for the laying out of streets, alleys, sidewalks, drives and other public grounds, and maintaining the same, and for other purposes, be, and the same is, hereby repealed. Poulan, town of, charter repealed. SEC. 2. Be it further enacted, That this Act shall go into effect immediately upon the passage and approval of an Act creating and incorporating the city of Poulan, and not before. 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 20, 1906. POULAN, CITY OF, INCORPORATED. No. 690. An Act to create and incorporate the city of Poulan, in the county of Worth, and prescribe the limits thereof; to provide for a mayor and council, and other officers of said city, and prescribe their powers, duties and manner of election; to provide that all valid legal contracts theretofore entered into by the authorities of the town of Poulan shall be good and valid for or against the city of Poulan; to provide that the city of Poulan succeed to all the rights and liabilities of the town of Poulan, and that all property now held and owned by the town of Poulan shall be and become the property of the city of Poulan; to provide for the erection and maintenance of a system of waterworks, sewerage, electric lights and such other public improvements as the authorities may see proper to establish from time to time; to authorize taxation and the issuing of bonds for any and all of said purposes; to provide for the condemnation of private property for public use, and for compensating the owners thereof; to continue the present school system of the town of Poulan and establish the same as the school system of the said city, and provide for the maintenance Page 989 of the same; to provide for ad valorem and specific 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 same, That the municipality heretofore known and designated as the town of Poulan, in the county of Worth, said State, the location and lines of same being hereinafter fully set forth, be, and the same is, hereby created one of the cities of said State, and the same is hereby created and constituted a body corporate under the name and style of the city of Poulan, under which it shall have perpetual succession, the municipal government thereof being hereby vested in a mayor and five councilmen, to be elected as hereinafter provided, who shall constitute the said body corporate. Poulan, city of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the said body corporate under the name and style of the city of Poulan, shall have and use a common seal, sue and be sued, plead and be impleaded in any court of law and equity, and do any and all other acts, and exercise any and all other rights and powers, necessary and proper in the course of the government and affairs of the said municipality, not inconsistent with the Constitution and laws of the said State, and said body corporate shall have the right and power to purchase, acquire, lease, receive, hold and enjoy for the use and benefit of the said city, any real or personal property necessary and proper for any of the purposes of the said city, and shall also have the right and power to sell, convey, lease, transfer or assign any and all of the property of the said city when it is deemed necessary and proper to do so, and all rights, titles, property, easements, hereditaments and all and everything now belonging to or in anywise appertaining to the present corporation of the town of Poulan shall succeed to and become the property of the city of Poulan, created by this Act, and said city of Poulan is hereby made responsible for all legal debts, liabilities, contracts and undertakings of any kind of the said town of Poulan. Corporate powers. SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall extend seven-eights ([frac78]) of a mile in each and every direction from the public well at Poulan. Corporate limits. SEC. 4. Be it further enacted by the authority aforesaid, That the present mayor and council and all officers of the town of Poulan continue in office, and they are hereby declared to be the Page 990 officers of the city created by this Act, to serve until the expiration of their respective terms, and until their successors are elected and qualified. The election for officers of the said town shall be held annually on the first Wednesday of January of each year by three freeholders of the said city, who shall be selected by the mayor, or, in his absence, the mayor pro tem., such election to be conducted in the same manner as elections for members of the General Assembly of Georgia. The polls shall be opened at the council chamber in said city, or at some convenient place in said city to be designated by the mayor and council, and shall be opened at 10 a. m. and closed at 3 p. m. The managers shall, before proceeding to hold said election, make and subscribe the following oath, to wit: All, and each of us, do solemnly swear that we will faithfully superinted this day's election; that we will make a true return thereof; that we will not knowingly permit any one to vote who is not entitled to do so, nor knowingly prevent any one from voting who is entitled to do so; that we will not divulge for whom any vote is cast unless called upon in some court of law to do so; so help us God; which oath may be taken before any officer authorized by law to administer oaths, or the managers may swear each other. The managers shall certify the result of the election to the acting mayor and council, which certificate shall be filed with the clerk of the city council, together with one of the tally-sheets and one of the voters lists, each duly signed by the managers, and the ballot-box duly sealed, and the returns thus made shall remain of file in the clerk's office of the city council until noon of the fifth day thereafter, and if no notice of contest is filed by that time, as provided by law, the said clerk shall proceed without delay to record the certificate of the result of the said election upon the minutes of the council, and shall issue and deliver to each officer-elect a certificate of his election, showing to what office he has been elected; and this certificate shall be sufficient authority to the person so elected to enter upon the discharge of his duties as such officer; provided, that such officer-elect, before receiving his certificate of election, shall take and subscribe, before some officer authorized by the laws of this State 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 Poulan; that I will not vote for or adopt any measure that is not in my judgment to the best interest of and for the general welfare of the citizens of the said city; so help me God; which oath shall be filed with the clerk of the city council and recorded upon the minutes. Mayor and council. Page 991 SEC. 5. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor or any councilman, an election shall be called by a majority of the remaining council, and by the clerk of council, to fill such vacancy, of which election ten (10) days' notice shall be given by posting notices of same in three (3) conspicuous places in said city, the order calling the same to be entered upon the minutes of the council. The voters list prepared for the last annual election next preceding such special election shall be used at such special election. In cases of a vacancy in the office of mayor, the mayor pro tem. shall perform all of the duties and exercise all of the powers of the mayor until the vacancies are filled as above designated. Vacancies. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to office of mayor or councilman of the said city who is not a qualified voter therein, and who has not been a bona-fide resident of the territory forming said city for at least one year prior to his election. Eligibility. SEC. 7. Be it further enacted by the authority aforesaid, That no person shall be qualified to vote at any election held in the said city under and by virtue of this charter who is not qualified to vote for members of the General Assembly of Georgia under existing laws at the time of the election, or who has not been a bonafide resident of the territory forming said city for at least six months next preceding the election, and who has not paid all taxes imposed upon him by the authorities of the said city, and who has not registered and been entered on the voters list of the said city as hereinafter provided. Electors. SEC. 8. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of council of said city to open a regular book or books at his office for the purpose of registering the qualified voters of the said city twenty (20) days before each regular annual election for officers of the said city, on the first page of which book or books shall be printed or written the following oath, to wit: I do swear that I am a citizen of the United States; that I am twenty-one (21) years of age, or will be on or before the first Wednesday in January next; that I have resided in this State for one year, and in the territory now forming the city of Poulan for six months, or will have so resided on or before the day of the next election to be held in the said city for which election I am now registering; that I have paid [Illegible Text] State and county taxes required of me since the adoption of the Constitution of the State of Georgia of 1877, except taxes for this year, and I have paid all taxes required of me by the city of Poulan up to the date of taking this oath; that I am not disfranchised Page 992 from voting by reason of any offense committed by me against the laws of this State, and I further swear that my age, occupation, residence, street number and all other information stated opposite my name below is true as stated; so help me God; which oath shall be taken by each person registering in said book or books, the said book or books to be kept open at the said office during business hours for a period of fifteen (15) days, at the expiration of which time they shall be closed, and it shall not be legal to enter the name of any voter on the list who registers after the books close. Registration of voters. SEC. 9. Be it further enacted by the authority aforesaid, That any person who shall make a false statement by signing the oath provided for in the foregoing section shall be guilty of a misdemeanor and shall be punished as provided by section 1039 of the Penal Code. False swearing. SEC. 10. Be it further enacted by the authority aforesaid, That after the registration book or books close it shall be the duty of the mayor and council to meet and make up the voters list for the election for which such registration was taken, a majority of the mayor and council constituting a quorum for this purpose, no candidate being qualified to act, and in the event there are not three of said body who are not candidates, those who are qualified may select one or more of the freeholders of the said city, who are not candidates for any office, to take the place of those disqualified, and thus make up a quorum. It shall be the duty of this body to go carefully through the list of registered voters and satisfy themselves as to the qualification of each and every voter whose name appears on the registry books, and they shall not enter the name of any voter upon the voters list until they are thoroughly satisfied that he is qualified in every way to vote. If the name of any person appears on the registration book or books whose qualification as a voter is questioned by the said body, it shall be their duty to notify such person in writing of the time and place of hearing on the question of his qualification as a voter, which notice may be served by the marshal or any person appointed by the said body by handing same to such person or by leaving the same at his place of residence entered opposite his name in the registration book or by leaving the same at his most notorious place of abode at least the day before the hearing is to be had the next day, and unless such person appear at the time and place designated and furnish to said body legal and satisfactory proof of his qualification to register and vote, his name shall not be placed upon the voters list. The said body is hereby granted power and authority to pass upon the qualification of any Page 993 and all voters, being guided by the charter and laws of said city, and by the laws of the State, and to make up and certify the list of qualified voters of said city, and it shall be the duty of the said body to prepare and certify an alphabetical list of the qualified voters of the said city and place the same, or a copy of the same, in the office of the managers of the election, at or before the time fixed for the polls to open, which list shall be followed by the managers, and no person shall be allowed to vote whose name does not appear thereupon. In the event any should be allowed to vote whose name does not appear thereon, by mistake or otherwise, and the same be discovered before the final count, such vote shall not be counted by the managers. List of voters. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and two councilmen, or in the absence of the mayor, three councilmen 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 city may require, and to pass such ordinances, rules and regulations as they see fit and proper 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 city; 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, whether the land sought to be condemned is in the hands of an owner or a trustee, executor, guardian or agent, in the manner provided by law in this State for condemning private property and acquiring the right of use in the same for public purposes, but they shall first pass an ordinance specifying for what purpose 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 for sale or for distribution, directly or indirectly, furnishing the same and receiving pay therefor; and respecting the valuation of property for taxation by assesors or otherwise, and to provide by ordinance for an arbitration in case of a disagreement between the Page 994 property-owners and the city authorities; prevent cattle from running at large in said city or any part of same; regulate the keeping and selling of gunpowder, kerosene and other combustible and hazardous articles of merchandise; to guard against damage and danger by fire; to regulate the running and management of steam engines and locomotives, and all other sorts of vehicles; to provide and improve public parks; to provide a place for the burial of the dead, and to pass any by-laws, regulations or ordinances which may appear to them necessary and proper for the security, welfare and interest of said city or the citizens of said city, or for preserving the peace, health, sobriety, morals, order and good government of the said city. Legislative powers of council. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive of said city, and shall have general supervision of 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 the by-laws and ordinances of the said city are faithfully executed within the corporate limits; to see that each officer of said city discharges his duty, and to cause any officer to be prosecuted for neglect or violation of duty or for immoral conduct; 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 shall call the council together when so requested in writing by a majority of the members thereof or when he deems it important to the welfare of said city. At the first meeting of the council after his qualification he shall appoint standing committees to whom shall be referred such business as the council shall deem proper; he shall preside over the mayor's court for the trial of offenders against the ordinances of the city and violation of the laws of said State within the corporate limits; he shall have full power and authority to impose such fines, not exceeding $100.00 and costs, for the violation of any ordinance of said city as shall seem to him reasonable and just, or he may require such violator to work on the streets or public works of said city, or be confined in the calaboose of said city for such time as will be a just punishment for the offense, but not in any single instance to exceed fifty days. The fine imposed under this section may be enforced in the same manner as is provided for the collection of taxes, or by labor on the streets or confinement in the calaboose as herein provided. The mayor and each member of the council shall have all the powers of a justice of the peace to issue warrants, try and commit to the Page 995 superior court or other courts of said county for trial all violators of the laws of said State for offenses committed within the corporate limits of said city. The mayor shall perform such other duties as the ordinances of said city shall require, or as the council may refer to him from time to time. Executive powers of mayor. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor pro tem. shall be chosen from among the councilmen by the mayor and council at the first regular meeting of the council, and such mayor pro tem. shall be clothed with all the powers, rights and duties of the mayor during the absence or disability of the mayor. If there should be a vacancy in the office of mayor pro tem., the mayor and council may fill the same at any regular meeting of the council. 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 the mayor until the vacancy is filled by the election of a successor, and in the absence or inability to act of both mayor and mayor pro tem., any member of the council shall have the same power as the mayor to try and punish offenders against the ordinances of the said city. Mayor pro tem. SEC. 14. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and council after each annual election, or as soon thereafter as practicable, the mayor and council shall elect a clerk of council, treasurer, marshal, chief of police and such other officers as they may deem necessary and proper, they being empowered to create from time to time any office, board, committee or commission that they deem necessary and proper for said city, and to regulate the time and mode of election of persons to any and all of said positions to fix their qualification, prescribe their oath, take bond, prescribe their duties, fix their salaries and fees, and to remove them from office or any position which they may hold for neglect of duty, or other sufficient cause, at their discretion, they to have general supervision and control over the same at all times. Subordinate officers SEC. 15. Be it enacted by the authority aforesaid, That the clerk of council shall also be tax-receiver and tax-collector for said city, and within ten days after his election he shall execute a bond in a sum to be fixed by the mayor and council with two or more good solvent sureties or an acceptable surety company, all sureties to be approved by the mayor and council, and the bond to be payable to the city of Poulan, conditioned for the faithful discharge of all the duties of his office according to law and ordinances of said city, and to fully and faithfully account for and pay over all money that may come into his hands; he shall take an oath to discharge the duties of his office to the utmost of his Page 996 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 council, keep a record thereof; have charge of and securely keep all books and papers belonging to the city of Poulan; 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; 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 month next succeeding the collections so made. His books and papers shall be subject at all times to the inspection of the mayor and any committee appointed by him for that purpose, or to any member of the council. He shall receive and collect the taxes due the city in such way as the mayor and council may require. He shall perform such other duties as may be required of him by the mayor and council, and shall receive such salary as may be fixed by the mayor and council. Clerk of council, duties of. SEC. 16. Be it further enacted by the authority aforesaid, That the treasurer shall within ten (10) days after his election make bond payable to the city of Poulan with like securities and condition as is required of the clerk of the council, the amount of such bond to be fixed by the mayor and council and surety given to be approved by the mayor and council. The treasurer shall receive and pay out all moneys belonging to the city, 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 city stamped thereon, save in paying emergency bills only. He shall keep a record of all moneys received, from whom and what source and to whom distributed and for what purpose and the number of the warrant. He shall submit to each meeting of the mayor and council a report from his books of all receipts and disbursements, which report shall be entered on the minutes of the council. His books and papers shall be open to the inspection of the mayor and council 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 city or the mayor and council thereof. Treasurer. SEC. 17. Be it further enacted by the authority aforesaid, That Page 997 the mayor and council shall have authority to levy and collect a tax not exceeding $1.00 on $100.00 valuation of all property, real and personal, within the incorporate limits of said city, and upon all money and choses in action whose owner resides within the incorporate limits of said city, and all other things which are subject to taxation by the laws of said State for the general purposes of said city, 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 to create a sinking fund for the redemption of said bonds equal to tax authorized to be levied for said purposes under this Act; all expenditures of the mayor and council, including the salary of city officials, shall be paid out of the general fund of said city upon the order of the mayor and council by a warrant drawn upon the treasury of said city, signed by the mayor, or in his absence signed by the mayor pro tem. and countersigned by the clerk of the city council. Taxation. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to collect such taxes as to them shall seem proper upon all billiardtables, pool-tables, roulette-tables or other tables kept and used for the purpose of playing or gaming or renting, and on all tenpin-al-leys, 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 same, and on all restaurants, lunch-houses, saloons, hacks, public wagons, or other vehicles, drays, persons beginning a new business, upon all auction houses or persons doing an auction business, upon peddlers, itinerant merchants and traveling venders of patent medicine, soap, notions, wares or other articles of merchandise being sold or offered to be sold by any person, either for himself or for 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 other business of like character, upon all insurance companies, accident companies and guaranty companies soliciting business in said city, or their agents. Said mayor and council shall have power and authority to levy and collect a tax of not exceeding $50.00 for each exhibition from all itinerant shows, circuses, circus-riding, tumbling, sleight-of-hand tricks, 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 tax shall be fixed by said mayor and council or by the mayor alone under the authority of council, and they may be enforced by executions Page 998 as other taxes, and the mayor and council may provide by ordinance for the arrest, fine and imprisonment, or either of these, of any one failing or refusing to pay such tax that he may own said city, or by doing business without first paying such tax. Said mayor and council are also authorized to levy and collect business taxes from all individuals, firms and corporations engaged in said business in said city, other than those hereinbefore mentioned, the sum of fifty dollars to be the maximum levied against any one business under this clause. The collection of said tax may be enforced as provided for other taxes hereinbefore authorized, and vocation taxes or business licenses 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. 19. Be it further enacted by the authority aforesaid, That it shall be the duty of all persons owning property, franchises, or anything else subject to taxation by the State and county, or that may at any time be made subject to taxation by the same, to return the same for taxation to the tax-receiver of the city, returning all they own or may be interested in, directly or indirectly, or that they may represent in any capacity within the incorporate limits of said city on the first day of March in the year in which said returns are made, the same to be made and filed with the said receiver between the dates of March 1st and June 1st of each year, the time for making returns to expire on the first day of June of each year; all of which returns shall at once thereafter be delivered and turned over by the said receiver to the tax-assessors hereinafter provided for. Tax returns. SEC. 20. Be it further enacted by the authority aforesaid, That at their first meeting in June of each year the mayor and council shall appoint by order on their minutes three freeholders of the said city who shall have resided therein at least two years prior to their appointment, who shall constitute a board of tax-assessors for the said city, whose duty it shall be to go over and carefully consider the tax returns delivered to them by the receiver as above provided, and to enter the valuation fixed by them opposite the return on said blanks; they shall also fill out blanks and enter and return all property subject to taxation within the city limits that has not been returned by the owner thereof or person in charge, making the same unreturned and fixing a double valuation thereupon, it being their especial duty to be diligent in their effort to see that all property subject to taxation has been returned. The valuation placed upon property by this board shall be final and the same shall be taxed accordingly. Tax-assessors. SEC. 21. Be it further enacted by the authority aforesaid, That Page 999 the tax-receiver above provided for shall act as clerk of the board of assessors, and when their work of assessing said property has been finished the said clerk shall proceed to make out a tax digest for the said city, similar to that made out by the tax-receiver of the county, entering the valuation fixed by the board of assessors, and shall have the said digest of file in his office not later than July 1st of each year. It shall be the duty of the mayor and council to meet not later than September 1st of each year and consider the amount of money needed by the said city to defray all expenses of the said city, liquidate its debts, meet all appropriations and obligations of all kinds and for any and all other legitimate purposes up to the time of collecting the tax for the next ensuing year, to fix by order on their minutes the aggregate amount thereof, and in the same way to levy and fix a rate of taxation upon all property appearing upon the digest made out for the year in which such levy was made, as above provided, sufficient to raise the amount needed as above determined; all of which the said mayor and council are hereby empowered to do, and all of the property entered upon the said tax digest being hereby made subject to taxation by the said city for any and all necessary purposes. Tax digest. Rate of taxation. SEC. 22. Be it further enacted by the authority aforesaid, That [Illegible Text] ad valorem tax herein provided for shall be due and payable from October 1st to December 20th of each year, and it shall be the duty of the clerk of the council to collect all taxes and receipt for same, and after the time expires for collecting taxes to immediately issue an execution for the amount due by each party making return and upon all property unreturned, whether the owner is known or unknown, in the same manner as executions are issued by the tax-collector of this State, and to deliver said executions to the marshal of said city, and the same may be directed to and levied by the marshal of the said city or his deputy, or by any sheriff or constable of this State, the same to be enforced by levy and sale in the same manner and under the same rules and regulations as constables' sales under executions from justices' courts of this State. The mayor and council are hereby granted power to fix the fees of all officers for their services in issuing and enforcing such execution. The mayor and council, in addition to the ad valorem tax above referred to and provided for, shall have and they are hereby granted power to assess, levy and collect a specific or occupation tax on all business, occupation, calling, trades, etc., carried on or exercised in said city; to fix the time of collecting the same and to provide a method of collecting and enforcing same, the power of mayor and council Page 1000 with reference to taxes being limited only by the Constitution and general laws of this State. Taxes, when due and how collected SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority and they are hereby empowered to levy and collect from each male inhabitant of the said city who is now and who may at the time levy is made be subject to road duty under the existing laws of this State, the sum of $5.00 per annum, the same to be collected quarterly as a street tax; provided, that any person subject to the said tax may relieve themselves or himself of the same by working on the streets of the said city under the direction of the authorities in charge of the said street work for ten (10) days. The mayor and council are hereby authorized to enact an ordinance, and to change and amend the same from time to time as they see proper, providing the time and manner of collecting said street tax, and the amount thereof. If any person subject to work upon the streets of said city because of having failed to pay said tax shall decline, fail or refuse to work upon the same when summoned to do so by the officer in charge of the street work, it shall be the duty of the officer or officers in charge of the street work to report the same to the mayor, and it shall be the duty of the mayor upon such information to enter a charge against such person and cause such person to be brought before him for trial, and he may punish said offender by fine, imprisonment, or compulsory work upon the streets or other public works within the limits of his authority as for a violation of any other ordinance of said city. Street tax. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and council may and are hereby empowered to establish a system of waterworks, sewerage, electric lights, open and build parks and driveways for the said city as they may deem proper and necessary from time to time, and to levy a tax to maintain and operate the same. In the event more than one thousand dollars should be required to do the work proposed, or to establish the improvement proposed, at any one time, the same shall not be done except upon issue and sale of bonds of said city, to be issued in the manner provided by the Constitution and general laws of said State, and the mayor and council shall not have a right to use and appropriate more than one thousand dollars in any one year for public improvements or purposes outside of the regular current expense of maintaining the different branches of the city government, keeping up the streets, public buildings and other property belonging to the city, and such other things as are already a charge upon the city, at any particular time, but may use and appropriate that much during any one year in any Page 1001 manner they see proper for the improvement, general welfare and advancement of the said city and the comfort and convenience of its citizens. If the mayor and council at any time deem it necessary and expedient to establish or make any public improvement which it is authorized by law to establish requiring an expenditure of more than one thousand dollars in any one year, they may call and have held in the usual manner provided by the Constitution and laws of this State an election for the purpose of voting upon the question of the issue and sale of bonds for the proposed purpose, and should the required two-thirds ([frac23]) vote be in favor of the issuing of the proposed bonds the same may be issued and sold in the manner provided by the laws of this State, and the proceeds arising therefrom be used or appropriated in the manner and for the purpose or purposes proposed, and they may thereafter levy and collect a sufficient tax to maintain the work or improvement thus established. Public improvements SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council may and they are hereby empowered to sell and grant to any person or persons, firm or corporation, the exclusive franchise to establish, maintain and operate a water-works plant, electric light plant, or any like improvement or convenience, or they may delegate to others any rights or powers with reference to same that they may see proper, by contract or otherwise, fixing the terms and conditions and limiting and restricting the same and retaining any right or interest in the same as they see proper; further, that no exclusive franchise be sold, leased or granted, and no contract shall be made with reference to same delegating any exclusive rights or powers to any party or parties establishing or maintaining a waterworks plant, or electric light plant covering a period or for a term exceeding five (5) years, except upon a two-thirds vote of the qualified voters of the said city at an election held for that purpose, notice of such election to be given twenty days before the same is held, and the same to be conducted and the results declared in the same way as in bond elections, the ballots to have written or printed there-upon the words For sale of franchise, or Against sale of franchise. Should such election result favorably the mayor and council may proceed to sell, lease or grant and make the contract proposed with the highest and best bidder for same in such manner as they may provide. Franchises. SEC. 26. Be it further enacted by the authority aforesaid, That the Act establishing a system of public schools for the town of Poulan, approved August 4, 1904 (Acts 1904, page 555), entitled Page 1002 An Act to amend the charter of the town of Poulan, and for other purposes, be, and the said Act is, hereby adopted and reenacted for the city of Poulan, created under this Act to succeed the town of Poulan, and the present system of public schools of the town of Poulan shall continue and be maintained by the city of Poulan, and all rights thereunder shall become, and are, hereby made the rights and property of the city of Poulan, and all debts and other liabilities of the said town contracted and made under and by virtue of the said Act are assumed and are hereby made the debts of the city of Poulan. Wherever the word town appears in the heading or body of said Act throughout the same is hereby stricken and the word city inserted in lieu thereof, so that the same shall read the city of Poulan throughout instead of the town of Poulan. Public schools. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and five councilmen shall be elected by the qualified voters of the said city at the annual election hereinbefore provided for. The mayor shall serve for a term of one year from the date of his election, and until his successor is elected and qualified, the successor of the present incumbent to be elected at the regular election on the first Wednesday in January, 1907. Three of the councilmen shall be elected for a period of two years from the date of their election at the regular election on the first Wednesday in January, 1907, to succeed the present incumbents, whose terms expire on that date, and two other councilmen shall be elected for a term of two years from the date of their election at the regular election in January, 1908, to succeed the present incumbents, whose terms expire on that date, and so on thereafter, three councilmen being elected at each annual election in odd years, and two in even years, to serve for a term of two years and until their successors are elected and qualified. Elections of mayor and councilmen. SEC. 28. Be it further enacted by the authority aforesaid, That in addition to all of the foregoing the mayor and council of the said city shall have the following powers: First. To provide for the protection and security and for the quiet and peaceable enjoyment of life, liberty and property of the citizens of said city; to provide by ordinance for the suppression and punishment in a quick and summary way of all riotous and disorderly persons, and of all persons offending against any of the ordinances of the said city; to authorize the marshal or policemen of the said city and require them to be diligent in their efforts to discover and apprehend and bring charges against all offenders against the laws of this State and against the laws and ordinances of the said city, and the marshal, chief of police and Page 1003 all regular or special policemen appointed by the mayor or chosen by the mayor and council are hereby authorized and it is hereby made their duty to arrest with or without a warrant any and all offenders against the laws and ordinances of the said city and bring charges against them, where the offense is committed in their presence or where they have reliable information and probable cause to suspect the guilt of any person or persons of any offense against the laws or ordinances of the said city; and in all cases where they have good reasons to suspect that offenses are being committed behind closed doors, or that defendants are being secreted or being barred, they shall have a right to force an entry for the purpose of discovering and apprehending the offenders. Powers of mayor and council. Second. To regulate and control all hotels and public houses within said city. Hotels, Third. To take up and impound dogs, horses, mules, cattle, hogs and all other domestic animals running at large on the streets of the said city; to require the same kept up by their owners, fix a fee for impounding the same, and to provide for the punishment of offenders against such ordinances as may be enacted with reference to and regulating the same. Animals. Fourth. To have prepared and published in book or pamphlet form a code of laws, by-laws, ordinances, orders and all regulations for the government of said city, the same to become effective and of force as soon as approved by them by order on their minutes, which code may be amended or revised by them from time to time as they see proper, and in the meantime and until otherwise provided by the mayor and council of the city of Poulan the code and laws, by-laws, ordinances, rules and regulations of the present town of Poulan shall be and the same are hereby declared to be of force for and in the city of Poulan created by this act. City code. Fifth. To license and levy a special tax upon and to regulate hacks, drays, the use of bicycles, automobiles, and other machinery and vehicles used for public transportation and carriage, to provide for the inspection of same and to regulate the rate to be charged. Licenses. Sixth. To grant encroachments upon the streets and alleys of the city on such terms and with such limitations and restrictions as they see proper. Encroachments on streets. Seventh. To fix and change the time and place of the meeting of the mayor and council, which time may be once a month or twice a month as they may see fit to make it, to fix the salary Page 1004 of the mayor and to exempt councilmen from street tax and street work. Meetings of council. Eighth. To prohibit the renting of any house in the said city for any immoral purposes or for any purpose that renders same disagreeable to others in the same neighborhood or vicinity, from disorderly conduct, or for any other reason, on account of the kind of business carried on therein. Disorderly houses. Ninth. To provide for the inspection of buildings and condemning the same as being unsafe and requiring the same to be made safe or be torn down, and they are hereby granted full power to provide and enforce a method for condemning such buildings or structures. Condemnation of dangerous buildings. Tenth. To create at any time the office of city attorney and prescribe his duties, fix his salary and the time and terms of payment, and appoint some competent attorney or firm of attorneys to said office to serve for such time as the mayor and council may by order on their minutes designate, not to exceed one year from the time of such appointment; to employ any attorney that they see proper at any time for any special service, or for advice and counsel under special contract. City attorney. Eleventh. To pass an ordinance against and fix a punishment for any person who buys, directly or indirectly, any whiskey, wine or other intoxicating drinks, or offers' to buy such, from any person within the corporate limits of said city, but no evidence given by any person in the trial of a violation of such ordinance shall be used against the person giving such evidence in any other trial in any court whatever. Sale of liquors. SEC. 29. Be it further enacted by the authority aforesaid, That this Act shall constitute the character of the city of Poulan, located as above described, and the same shall go into effect immediately after the passage and approval of an act to abolish the town of Poulan, and not before. Act, when effective. SEC. 30. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved August 21, 1906. Page 1005 ROME, CITY OF, BOND ISSUE. No. 535. An Act to authorize and empower the mayor and council of the city of Rome to issue bonds in a sum not exceeding $94,100, to be substituted for outstanding bonds of said city, and to provide for the payment of the same; to provide for the investment of money set aside for the payment of said bonds, and to repeal an Act approved February 28, 1876; and for other purposes. WHEREAS, Under the provisions of an Act of the Legislature approved February 28, 1876, the city of Rome, Georgia, compromised and adjusted its then outstanding indebtedness by issuing bonds in settlement of the same, and the said Act was printed on the back of said bonds and became a part of the contract with bondholders; and, Preamble, WHEREAS, Said Act provides that all money raised by virtue of the provisions of the same shall be applied only to the payment of interest due and the purchase or redemption of bonds issued under the same, and for no other purpose, thus requiring said city to hold all money collected under the provisions of said Act, the interest on same being thereby lost; and, WHEREAS, Said Act also prohibits the said mayor and council from issuing any other bonds or contracting any other debt, except for current expenses, so long as said bonds remain unpaid; and, WHEREAS, It is to the interest of said city, as well as the owners of said bonds, that said restrictions be removed, if the same can be done with the consent of the holders and owners of said bonds; Now, therefore, to enable said mayor and council to negotiate with the holders and owners of said outstanding bonds to secure their consent that other bonds be substituted therefor, removing said restrictions as hereinafter provided; 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 city council of the city of Rome, Georgia, shall, at any time hereafter, have power and authority to issue bonds, not exceeding ninety-four thousand one hundred dollars ($94,100), to be substituted for the present outstanding issues of bonds as follows, to wit: Sixty-one thousand one hundred dollars ($61,100), Page 1006 falling due January 1, 1909, bearing interest at the rate of six per cent. per annum; and thirty-three thousand dollars ($33,000), falling due January 1, 1912, bearing interest at the rate of five per cent. per annum; all of which were issued in accordance with the terms of an Act approved February 28, 1876, said bonds to be issued upon the terms prescribed by this Act. Rome, city of. Bonds for public debt. SEC. 2. Be it further enacted, That when thus issued and used, it shall be the duty of said mayor and council to provide by taxation for the prompt, sure, and speedy payment of said bonds, together with interest, as soon as the same shall become due; and all money raised by virtue of the provisions of this Act shall be applied first to the payment of interest due, and next to the purchase or redemption of the bonds, or, in case no bonds can be purchased at a reasonable market price therefor, then the said money may be reinvested in other safe and solvent securities until said bonds become due. Taxation. SEC. 3. Be it further enacted, That if at any time the mayor and council shall fail, neglect or refuse to pay said bonds, or the interest thereon when due, then the holder, his agent, or attorney may make oath, in writing, before any officer of this State, authorized to administer oaths, setting forth the entire amount due and claimed, and also that demand has been made at the proper place of payment, and that payment has been refused, and file the same, together with the bonds or coupons claimed to be due and unpaid, with the clerk of the superior court of Floyd county, if the entire sum exceeds one hundred dollars, and with the justice of the peace, or notary public, whose jurisdiction extends over the city, if the entire sum claimed does not exceed one hundred dollars; and it shall then be the duty of the officer with whom said papers are filed to issue an execution returnable to their respective courts, against the said mayor and city council, for the amount alleged to be due, and the costs, which execution shall and may be enforced by levy and sale, against the property of any one owing taxes to the city, and who has not already paid into the city treasury a sum sufficient to cover his proportion of the entire amount of the matured bonds and coupons, but in no event shall said execution proceed against any person for more than his proportion of said matured debt. Tax payer's liability for bonds. SEC. 4. Be it further enacted, That in ascertaining the proportion of any one's liability, reference shall be had to the assessment of realty and the return of personalty last made, together with the city tax-collector's books, which shall be always open to the inspection and examination of the creditor, his agent or attorney, and to the levying officer. Pro rata share of tax payer. Page 1007 SEC. 5. Be it further enacted, That persons holding past due bonds or coupons, shall embrace all their claims in one affidavit, and but one execution shall be issued in his favor for the sum due him. And the owners of property levied upon shall be allowed to defend against said execution by affidavit of illegality upon the ground alone that he has paid his full portion of the matured debt, the truth of which shall be determined by reference to the assessment, return and books mentioned in the preceding section, or the tax-collector's receipt for the same. Collection of bonds, how enforced. SEC. 6. Be it further enacted, That the officers charged with the issuing and collection of executions, and guilty of neglect of duty, shall be subject to a rule as for contempt, by the proper court, nor shall an affidavit of illegality excuse the levying officer for not proceeding against other defaulting city taxpayers to the extent of their liability. Defaulting officer. SEC. 7. Be it further enacted, that all property both real and personal, liable for city taxes, shall be subject to said executions to the extent of the owner's responsibility under the provisions of this Act, and all proceedings touching the issuance and enforcement of executions herein provided for shall be regulated by the laws of the State governing executions issuing against persons upon judgments rendered by a court of competent jurisdiction. Liens of executions. SEC. 8. Be it further enacted, That the municipal and other officers guilty of misapplying any of the funds collected under the provisions of this Act, or by its direction, shall be held personally responsible for the sum so misapplied, and in case the creditor for any reason fails to collect the amount due him, by means of the execution, it shall still be the duty of the mayor and council to provide for and pay the same by taxes yearly, and every year, to meet the interest on the bonds and principal as it respectively falls due, and shall not be permitted to resign after proceedings are instituted in any court to compel them to do so. Duties of council. SEC. 9. Be it further enacted, That the provisions of this Act shall apply alone to such new bonds and coupons as may be issued and used for the purposes herein stated. Act applies to what bonds. SEC. 10. Be it further enacted, That all bonds, and the coupons attached, issued under the provisions of this Act, shall be received in payment for city taxes after they become due. Receivable for public dues. SEC. 11. Be it further enacted, That the Act, approved February 28, 1876, entitled An Act to authorize and empower the mayor and council of Rome to adjust and settle the present Page 1008 bonded debt of the city and provide for the payment of the same and all other laws in conflict with this Act be, and the same are, hereby repealed. Conflicting laws. Approved August 21, 1906. ROME, CITY OF, BONDS REGISTRATION, ETC. No. 536. An Act to protect the people of Rome, Georgia, against the payment of illegal bonds and the interest thereon, and to enable the mayor and council of said city to require the owners of said bonds to produce the same for registration and identification, and for other purposes. WHEREAS, The mayor and council of the city of Rome, Georgia, under an Act of the General Assembly authorizing the same, approved February 28, 1876, compromised and adjusted the then existing indebtedness of said city by issuing bonds to take up said outstanding indebtedness as follows, to wit: A series of bonds issued in 1876, known as the railroad bonds; another series issued in 1878 and 1879, known as the waterworks bonds; and another series issued in 1882 and 1883, known as the currency bonds; the aggregate amount of which, according to the bond book kept by the clerk of council giving a general description of said bonds was $322,000.00; and Preamble. WHEREAS, It appears from the minutes of said council that for some years after said settlement and compromise the said city council has been paying interest on $337,000.00 of said bonds, and has made reports of the bonded indebtedness of said city on that basis, or $15,000.00 more than is shown by the said bond book; and WHEREAS, The interest coupons on said bonds are made payable to bearer, and the said city council has been unable to find out who owns the last two named series of bonds issued, to wit: the said waterworks bonds and the said currency bonds, Now, therefore, in order to find out who are the owners of all said bonds and to determine the legality of the same and to discover those irregularly issued, if any; 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 holders and owners of all bonds of the city of Rome, issued Page 1009 since the first day of January, 1878, are hereby required to present the same to the clerk of council of said city, for registration on or before the thirty-first day of December, 1906, and shall establish ownership of same by affidavit of holder and owner that he is the bona fide holder and owner of the bonds so presented, giving the numbers of said bonds, date of issue, date when due, amount, and series to which same belongs, together with such other information as will enable the said mayor and council to identify same; and all bonds not so presented for registration, shall be deemed prima facie, to have been illegally or fraudulently issued. Rome, city of. Registration of bonds SEC. 2. Be it further enacted, That it shall be the duty of said mayor and council to provide the clerk of council with a suitable book in which to register said bonds as herein provided, and it shall be his duty to so register them in accordance with the provisions of this Act. Register. SEC. 3. Be it further enacted, That whenever any of said bonds are presented for registration in accordance with the terms of this Act, it shall be the duty of the clerk of council to notify the mayor of said city immediately, who shall call together the finance committee of council, and it shall then be the duty of said mayor and said finance committee to then and there examine said bonds and compare the same with the records of bonds kept by said city, together with such other evidence as they may be able to obtain, and determine whether or not, in their opinion, the same were legally and regularly issued before the same are admitted to record; and if they determine that said bonds were not legally and regularly issued, the same shall not be admitted to record. Registration, how made. SEC. 4. Be it further enacted, That after the said thirty-first day of December, 1906, it shall not be lawful for the said city, through its clerk of council, treasurer, or otherwise, to pay any of said bonds which have not been registered in accordance with the provisions of this Act, nor the coupons of same, whether attached or not, until their legality shall have been fully established by the courts of this State. Failure to register. SEC. 5. Be it further enacted, That it shall be the duty of the clerk of council immediately upon the passage of this Act, to give notice of the provisions of the same, by publication in a newspaper at Rome and Atlanta, Georgia, and two newspapers in the city of New York. Notice of registration. SEC. 6. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 1010 ROME, CITY OF, CHARTER AMENDED. No. 555. An Act to amend the charter of the city of Rome, so as to extend its corporate limits so as to include all that territory now lying in the corporate limits of East Rome, 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 first day of January, 1907, the charter of the city of Rome is hereby amended so as to extend the corporate limits of said city, and to incorporate into and as a part of said city all of the territory now included within the corporate limits of the town of East Rome. Rome, city of, corporate limits to include East Rome. SEC. 2. Be it further enacted by the authority aforesaid, That the territory annexed by this Act shall be known as the seventh ward of the city of Rome. Seventh ward. The said seventh ward shall always be entitled to and be represented by two councilmen in the council of the city of Rome, to be elected at the time and in the manner prescribed by law for the election of councilmen for the said city of Rome. The first election for councilmen from said ward shall be held at the next regular election for councilmen held in and for said city after the passage of this Act, and the candidate for councilmen from the said ward receiving the highest number of votes shall be declared elected for two years, and the one receiving the next highest number of votes shall be declared elected for one year. J. P. Bowie and S. C. McEachern are hereby named as members of said council, to represent said seventh ward from the first day of January, 1907, until their successors are regularly elected and qualified as hereinbefore provided for. Councilmen from seventh ward. SEC. 3. Be it further enacted, That said annexed territory shall be entitled to have such police regulation and protection common to other wards of the city of Rome, and that the provision now applying to other wards of the city of Rome, with reference to the expenditure annually of the sum of one thousand dollars upon the streets of each of the wards of said city of Rome, shall also apply to the annexed territory. Police protection and street improvements SEC. 4. Be it further enacted, That the city of Rome shall maintain the electric lights now in operation in said newly acquired territory, but shall place and maintain such others as in Page 1011 the judgment and discretion of the mayor and council of Rome they may deem for best interest of the newly acquired territory. Light. SEC. 5. Be it further enacted, That said city of Rome shall within three years from the first day of January, 1907, erect a public school building in said annexed territory, sufficiently large to accommodate all the white children therein up to and including the fourth grade, and shall maintain the same, and it shall be the duty of the board of trustees of the public schools in said city to make such arrangements as they and the mayor and council shall deem expedient to provide for the children who shall enter school, not higher than the fourth grade, until said public school building is completed and equipped. The citizens of said newly acquired territory shall be entitled to all the rights and privileges of the public school of Rome from the first day of January, 1907. School building for seventh ward. SEC. 6. Be it further enacted, That if the citizens of said annexed territory shall organize a volunteer fire company, the said city of Rome shall furnish all the necessary equipment, including horses, hose and wagons, and shall provide for two paid men, such as said company may select, and the said city of Rome shall maintain the same; it being the purpose of this section to put said annexed territory on equal terms with the other wards of the city, so far as fire protection is concerned. Said company and all the property and appurtenances thereto shall be subject to the rules, regulations and laws now applicable to other fire companies of the city. Fire department. SEC. 7. Be it further enacted, That within the time herein specified, said city of Rome shall extend the eight-inch water main now laid on Second avenue of said city of Rome, across the Etowah river, at the eastern extremity of said Second avenue, into the newly acquired territory at the western end of what is known as Howard avenue in East Rome, and from thence the said eight-inch water main shall be laid and completed along what is known as Maple street in said East Rome to the southern boundry of the present territory of East Rome, and shall lay a six-inch water main so as to connect with said eight-inch main where it turns off from Howard avenue, and extend the same in an easterly direction along said Howard avenue to the eastern boundary line of the present corporate limits of East Rome. It shall also be the duty of the said city of Rome to take up the water mains now laid in East Rome and to place them in such other streets in said newly acquired territory as hereinafter provided. Said city of Rome shall begin laying these mains in the year 1907, and shall complete the same as soon as practicable, and in no event later than the first of January, 1910. The mains Page 1012 to be laid shall be determined by the members of the council from that ward, and if they can not agree, then the mayor and council of Rome shall determine the order in which the same shall be constructed. Water main SEC. 8. Be it further enacted, That all taxes due and unpaid to said town of East Rome on the thirty-first day of December, 1906, shall become due to said city of Rome, and shall be collected as follows: Where executions have already been issued by the authorities of East Rome, they shall be placed in the hands of the marshal of the city of Rome, and he shall proceed to collect the same under the same rules as are now provided for the collection of taxes of the city of Rome, and the proceeds thereof he shall pay to the treasurer of the city of Rome. In the event there should be any taxes due and unpaid on the thirty-first day of December, 1906, for which the authorities of East Rome have not issued executions, then upon that fact being shown to the clerk of the council of the city of Rome, he shall issue executions therefor, and place the same in the hands of the city marshal, to be disposed of in the same manner as where executions had been issued by the authorities of the town of East Rome. Unpaid taxes. SEC. 9. Be it further enacted, That the town of East Rome shall on the first day of January, 1907, surrender to the city of Rome all real and personal property then belonging to the said town of East Rome, at which time this Act shall go into effect, and the said city of Rome shall assume jurisdiction over the newly-acquired territory and the inhabitants thereof, under the charter and the laws of the city of Rome and amendments thereto. Property of East Rome. SEC. 10. Be it further enacted by the authority aforesaid, That this Act shall not become effective unless the same is approved by a majority of the voters who register and are qualified to vote thereon according to the provisions hereinafter set out, living within the territory affected thereby, at an election to be held at the council chamber of the town of East Rome on Wednesday, the twelfth day of September, 1906. Ratification of Act. SEC. 11. Be it further enacted by the authority aforesaid, That at said election the polls shall open at seven o'clock a.m. and shall close at six p.m., and all persons desiring to vote in favor of annexation shall have written or printed on their ballots the words For annexation, and those who desire to vote against annexation shall have written or printed on their ballots Against annexation. Should a majority of said votes be cast in favor of annexation, then this Act shall become of full force and effect as herein provided. Election to ratify. SEC. 12. Be it further enacted by the authority aforesaid, That Page 1013 the said election shall be held by J. Park Bowie, the present mayor of the town of East Rome, and two other freeholders residing within the affected territory, to be selected by him, one of whom shall be in favor of annexation and one opposed thereto; that the duties of said managers shall be the same, they shall take the same oath, and shall hold said election under the same regulations as are prescribed by the charter and ordinances of the town of East Rome for holding elections for mayor and councilmen therein. Election managers. SEC. 13. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council of the town of East Rome to open a book at the council chamber of said town of East Rome for the registration of persons residing within the territory affected by this Act, and no person shall be allowed to vote in the election herein provided for whose name does not appear on said registration book, except as hereinafter provided. Said registration-book shall be opened at least twenty days before the date of said election and shall close on Saturday, September 8, 1906, and shall be kept open between such hours as the said mayor and council of the town of East Rome may designate. Registration of voters. SEC. 14. Be it further enacted by the authority aforesaid, That the qualifications necessary for registration as aforesaid shall be the same as are necessary for registration in elections for members of the General Assembly in this State, and in addition there-to that all parties so registering must have been bona-fide residents of the territory to be affected for at least thirty days prior to said twelfth day of September, 1906. The said registration lists shall be completed and turned over to said J. Park Bowie, mayor as aforesaid, before the opening of the polls for said election, and must show the name, age and occupation of each person registered. The names of white and colored voters shall be kept separate. Registration list. SEC. 15. Be it further enacted by the authority aforesaid, That it shall be the duty of the managers of said election to file a report of the result of the same, together with the tally-sheets and ballots, with the mayor and council of the city of Rome at their next regular meeting after said election, and it shall be their duty to have the same entered upon the minutes of council. If, upon examination of said report and tally-sheets, it shall appear that a majority of the persons voting at said election voted in favor of annexation, the said mayor and council of the city of Rome shall by resolution declare the said territory incorporated into and a part of the city of Rome from and after the first day Page 1014 of January, 1907, and it shall be the duty of said mayor of Rome to issue a proclamation in declaration thereof. Election returns and declaration of results. SEC. 16. Be it further enacted by the authority aforesaid, That if any voter is challenged before receiving his said ballot the said managers of election shall require him to take the same oath as is prescribed in elections held for members of the General Assembly, and in addition thereto that he is qualified to vote in said election in accordance with the provisions of this Act. Any person voting in said election without having registered as hereinbefore set out shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Penal Code of this State. Illegal voting. SEC. 17. Be it further enacted by the authority aforesaid, That should the said mayor and council of East Rome fail or refuse to open said registration-book, then every person who is qualified to register as above set out, and who if challenged will take the oath prescribed, shall be entitled to vote in said election, and his vote shall be counted by the managers of said election. Should the said J. Park Bowie, mayor as aforesaid, fail or refuse to act as manager of said election, or select two other managers as hereinbefore provided, then it shall be the duty of justice of the peace and notary public of the Rome militia district, together with one other freeholder residing in the town of East Rome, to hold said election and declare the result thereof to the mayor and council of Rome. Failure of mayor and council of East Rome to act. SEC. 18. Be it further enacted, That the charter of the town of East Rome, and all other laws in conflict with this Act, be, and the same are, hereby repealed, to take effect at the date named herein; provided, a majority of the qualified voters at said election vote in favor of annexation. Conflicting laws. Approved August 20, 1906. ROME, CITY OF, CHARTER AMENDED. No. 554. An Act to amend the charter of the city of Rome, Ga., so as to provide for a bond commission for said city; to prescribe the method of its selection and define its duties and powers; to more fully prescribe the duties of the clerk of council and the city treasurer in relation to the bonded debt of said city, the interest and sinking-fund collected for the payment of the Page 1015 same, and to authorize the mayor and council to elect or appoint an auditor for said city, and to define his duties 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 a bond commission for the city of Rome, Ga., is hereby created, the same to consist of three upright and discreet business men who are freeholders of said city and shall serve without salary, whose duties shall be to take steps immediately to find out the amount of the bonded debt of said city, who holds the bonds, when the same are due, the rate of interest on same, and such other information as will tend to identify said bonds, and shall list the same in a book to be kept for that purpose; and whenever any new bonds are issued for said city, to list the same in said book, giving the date of issue, date when due, rate of interest, number, series, denomination and to whom sold. It shall also be the duty of said bond commission to pay, in the manner hereinafter provided, all lawful bonds of said city and the interest upon the same, whenever due; to invest any or all of the money placed to its credit as hereinafter provided, in bonds of said city of Rome, or if the same can not be obtained at a reasonable market price, then in valid State, county or municipal bonds, and it shall have the power to dispose of the same and reinvest the proceeds thereof in similar bonds whenever they think the same to the best interest of said city; and whenever said bond commission shall desire to purchase any of said bonds, it shall authorize a draft to be drawn on the treasurer for the money, to be signed by the clerk and countersigned by the chairman of said commission, specifying to whom paid and for what purposes. The said bond commission shall keep minutes of all its proceedings, acts and doings, which must show a record of all warrants drawn, the date thereof and amount, in whose favor drawn, and for what purposes. They must select a chairman from among their own number, and on all questions coming before said commission a majority vote shall be sufficient. Rome, city of. Bond commission. SEC. 2. Be it further enacted by the authority aforesaid, That the first commission shall be composed of the following named persons, who shall hold office for the terms specified, to wit: Thompson Hiles, for a term of six years; J. A. Glover, for a term of four years, and M. G. McDonald, for a term of two years; said terms beginning October 1, 1906. Their successors shall be elected by said mayor and council of the city of Rome at their first regular meeting in September preceding the expiration Page 1016 of any said term, for a term of six years. The said commissioners shall hold office until their successors are elected and qualified. First commission, members of and election of successors. SEC. 3. Be it further enacted by the authority aforesaid, That the clerk of council shall, beginning with October 1, 1906, open an account on his books with said bond commission; and it shall be his duty to keep a separate account of all taxes levied and collected for the purpose of paying the bonded debt of said city when due and the interest on the same, as well as such other sums as may be appropriated by the mayor and council of said city from time to time for this purpose from other sources of revenue, and as soon as practicable after the collection or appropriation of said sums he shall pay the same to the city treasurer, taking his receipt therefor, which shall be the voucher of said clerk, and shall, at the same time, notify the chairman of said bond commission, in writing, of the same. Tax to pay bonds. SEC. 4. Be it further enacted by the authority aforesaid, That the said clerk of council must report at each regular meeting of said council, and at such other times as he may be called upon to do so by the said mayor and council, the amounts paid over to the said city treasurer for the use of said bond commission, and shall enter the same upon the minutes of council. The said clerk of council shall not use any of the money so collected or appropriated for the use of the said bond commission for any other purpose whatever; and should he fail to pay over the same promptly to the said city treasurer for said purposes, he shall be personally liable to said bond commission on his bond, and the said bond commission are hereby authorized, and it shall be their duty, to institute suit upon said bond to recover same for the purposes for which it was collected or appropriated. Fund of bond commission. SEC. 5. Be it further enacted by the authority aforesaid, That whenever any funds shall be deposited with the city treasurer as hereinbefore provided, he shall enter the same to the credit of said bond commission upon a separate account opened on his books for that purpose, and it shall be his duty to pay out the same upon the warrant of said bond commission hereinbefore provided for, the said warrant to be his voucher for said sum, and to be filed as such. In case the treasurer should pay out any of funds in any other manner than herein provided, he and his bondsmen shall be liable to said bond commission in the same manner and extent as the clerk of council as hereinbefore provided. It shall also be the duty of said treasurer to transfer to said account whatever may be to the credit of the sinking-fund Page 1017 and fund for interest on public debt at the time this Act becomes effective. Disbursement of fund. SEC. 6. Be it further enacted by the authority aforesaid, That whenever the said bond commission takes up any bonds or coupons of the city of Rome, they shall at once cancel the same, and then turn them over to the clerk of council, taking his receipt therefor, specifying in said receipt the number of each bond and coupon, its date, date when due, and such other general description as will fully identify the same. Cancellation of bonds. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of said mayor and council to provide said bond commission with all necessary funds to defray the expenses of said commission; that the said commission shall hold its meetings in the office of the tax-receiver of said city, hereinafter provided for, who shall be ex-officio clerk of said bond commission, and whose duty it shall be to keep the minutes and all necessary books of said commission, and perform such other duties as may be imposed upon him by said bond commission in carrying out the provisions of this Act. Expenses, etc., of commission. SEC. 8. Be it further enacted, That it shall be the duty of said bond commission to make a full and complete report of all matters pertaining to said bonded indebtedness and of their actings and doings, to the said mayor and council at the last meeting in March of each year, and at such other times as the said mayor and council may call for the same; that the books and papers of the said bond commission and of the clerk of council and city treasurer in regard to said bonded debt, shall, at all times, be open to the inspection of said mayor and council, or such persons as they may designate to inspect and audit the same. Reports of commission SEC. 9. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of council to record all bonds given by city officials on the minutes of council, and shall then deposit the same with the said bond commission, whose duty it shall be to keep the same safely and securely, subject, however, to inspection by the said mayor and council or such other person as they may designate to inspect the same. Record of official bonds. SEC. 10. Be it further enacted by the authority aforesaid, That the said mayor and council are hereby authorized to appoint an auditor for said city, whose duties shall be to thoroughly examine and audit the books of all city officials and all institutions in which the city of Rome has a financial interest, at least once every three months, and make reports of same to said mayor and council, to be spread upon the minutes. City auditor. Page 1018 SEC. 11. Be it further enacted by the authority aforesaid, That the said mayor and council are hereby authorized and empowered to levy a tax upon all property, tangible or intangible, and require a license upon any business, profession, occupation, trade or calling, upon which the State levies a tax or requires a license, unless expressly prohibited by the Constitution and laws of Georgia; provided, however, that this section shall not be construed to in any way modify, alter, change, or affect any ordinances now of force of said city making property taxable and requiring licenses, the subject-matter of which the State does not tax or require a license for. Taxation. SEC. 12. Be it further enacted by the authority aforesaid, That the said mayor and council are hereby authorized and empowered to elect a food-inspector for said city of Rome, and to fix by ordinance his term of office, compensation and duties. The said food-inspector, when so selected, shall have authority to visit all dairies, butcher-pens, or places where animals are slaughtered within the county of Floyd, the products of which are offered for sale within the corporate limits of said city of Rome, and to condemn the same in accordance with such rules and regulations as may be provided by said mayor and council by ordinance; and when such establishments have been so condemned or application for inspection has been refused, it shall be unlawful for any person to sell or offer for sale the products thereof within the corporate limits of the city of Rome, and the said mayor and council are authorized and empowered to pass ordinances prescribing penalties for a violation thereof; and he shall also have authority to inspect all meats, vegetables, fruits, milk, and other food product offered for sale within the corporate limits of said city, and to condemn and have same destroyed, in accordance with such rules and regulations as may be provided by said mayor and council by ordinance. Food inspector. SEC. 13. Be it further enacted by the authority aforesaid, That the office of tax-receiver for said city of Rome is hereby established as a separate and independent office, and as soon as practicable after the passage of this Act it shall be the duty of said mayor and council to elect a tax-receiver for said city whose term of office shall expire on the first Monday in April, 1908, and his successors shall thereafter be elected at the same time and in the same manner as other officers of said city of Rome, and he shall be ineligible to hold any other office in said city except as in this Act provided. The said tax-receiver shall keep and maintain an office at the city hall, or such other place as the mayor and Page 1019 council may provide, and shall be ex-officio clerk of the board of assessors of said city. His duties shall be as follows: Tax-receiver. (a) To receive returns of taxes on personal property within the time and manner prescribed by the city ordinances, and report the same to the board of assessors, who shall pass upon them as provided by law. Duties of tax-receiver. (b) To search out defaulters in said city who fail to return their property for taxation as required by law, or who undervalue the same, and report the same to the said board of assessors. (c) To make out and perfect two digests in plain, legible and neat writing and figures of all property so returned to him for taxation, and when completed to furnish one to the city clerk and tax-collector, and retain the other in his office, subject at all times to the inspection of the board of assessors and the said mayor and council, or such person as they may designate to inspect the same. (d) To keep a book for the registration of all persons who do business of any kind in the city, subject to a license tax or permit, and to require all such persons, firms or corporations to register their said business and to classify the same, giving the exact location at which said business is conducted, the character of said business, and whether required to take out one or more licenses, and to search out all persons, firms or corporations who fail to so register and take out licenses, or who attempt to carry on a business other than that for which they take a license. (c) To make up a list of every person in said city subject to street-tax, a copy of which shall be furnished to the clerk of council and tax-collector, and the original retained in his office, subject to the inspection of said mayor and council and the marshal of said city at all times. SEC. 14. Be it further enacted by the authority aforesaid, That no license or permit to do business required by the charter and ordinances of said city shall be valid unless the tax-receiver has endorsed upon the same that the said person, firm or corporation taking out the same has registered in his office in compliance with the terms of this Act, and any person who does or attempts to do business of any character for which a license or permit is required, without complying with this section, may be arrested for a violation of the same and punished in such manner as may be provided by ordinance of said city. Licenses SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council are hereby authorized and empowered to pass such ordinances regulating and prescribing additional duties and compensation of said tax-receiver as may seem to them for Page 1020 the best interest of said city, and not inconsistent with the Constitution and laws of this State, the said compensation not to exceed two per cent. of the tax upon the amount returned to said tax-receiver for taxation prior to the date fixed in the charter and ordinances of said city for said returns, and not to exceed five per cent. of the tax upon the amount added to said digest by said tax-receiver after said date, as hereinafter provided. Tax-receiver SEC. 16. Be it further enacted by the authority aforesaid, That if any person, firm or corporation fails to return their property for taxation, or secure a license or permit to do business, or pay street-tax, at the time prescribed by the charter and ordinances of said city, it shall be the duty of said tax-receiver, as hereinbefore provided, to search out and require the same to be done, and to add to the amount due on same a certain per cent. thereof, to be fixed by said mayor and council, not exceeding five per cent. The said tax-receiver shall keep a separate book in which all such delinquent returns, licenses, permits and persons subject to street-tax, shall be entered, and he shall furnish a copy thereof to the said clerk of council and tax-collector; and it shall then be the duty of said tax-collector to collect the same, including the additional per cent. added thereto, which additional amount, when collected, shall be turned over to the said tax-receiver as his compensation for searching out said delinquents. Defaulters. SEC. 17. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, it shall be the duty of the clerk of council and city tax-collector to make a full report to the finance committee of council of all taxes due and uncollected on the first half of taxes on the first day of October in each year, and shall make a full report of all taxes remaining uncollected on the first day of January in each year, and on the first Monday in March of each year it shall be the duty of said clerk of council and tax-collector to make a final settlement for the fiscal year with said finance committee. It shall be the duty of said finance committee to pass upon all matters pertaining to said settlement, and to allow to said city clerk and tax-collector such credits for errors as may have been allowed by council, and such credits for insolvent taxes as he shall show to their reasonable satisfaction can not be collected; provided, however, that nothing in this Act shall be construed as in any way repealing any power on the part of said clerk of council and tax-collector to issue fi. fas. for all amounts not paid in accordance with the charter and ordinances of said city; not in any way to restrict the duty of the marshal of said city to levy fi. fas. and collect the money due thereon by Page 1021 the sale of property or otherwise, as provided in said charter and ordinances. Reports of uncollected taxes. SEC. 18. Be it further enacted by the authority aforesaid, That the said tax-receiver, before entering upon the discharge of his duties, shall take and subscribe in the manner provided in the charter of said city, an oath to faithfully discharge all the duties of said office, and he shall give a bond, payable to the city of Rome and conditioned for the faithful performance of his duties, in such sum and with such security as the said mayor and council may prescribe by ordinance. Oath and bond of tax-receiver. SEC. 19. Be it further enacted by the authority aforesaid, That from and after the first Monday in April, 1908, there shall be established for the city of Rome a board of police commissioners, consisting of three upright and intelligent citizens of said city and the mayor of said city, who shall be ex officio a member of said board, entitled to and invested with all the powers incident thereto, except he shall not have a vote in the selection of any officer or member of the police force of said city. Police commissioners. SEC. 20. Be it further enacted by the authority aforesaid, That the first board of police commissioners shall be composed of the following named citizens, who shall serve for the terms specified, as follows, to wit: W. M. Towers, for a term of six years; J. J. O'Neil, for a term of four years, and J. D. Hanks, for a term of two years, and their successors shall be elected for a term of six years by the mayor and council of said city, at the same time and in the same manner as other city officials are elected. No person shall be eligible as a member of said board of police commissioners who, at the time of his election, holds any office of profit or trust under the State, county or municipal government, and should any member of said board become a candidate for or accept or hold any office of profit or trust, State, county or municipal, the same shall at once operate as a forfeiture of his membership of said board, and it shall be the duty of the said mayor and council to fill the vacancy in the same manner as vacancies of other city offices are filled. First board of police commissioners and election of successors. SEC. 21. Be it further enacted, That before entering upon the discharge of his duties, each of the commissioners named in this Act, and their successors in office, shall take, before the mayor of said city, an oath to faithfully discharge the duties of the office of police commissioner for the city of Rome. Official oath SEC. 22. Be it further enacted by the authority aforesaid, That if any of the commissioners named in this Act should die before qualifying, or should become incompetent under the terms of this Act, or should fail or refuse to serve, then it shall be the duty Page 1022 of the said mayor and council to fill the vacancy or vacancies in the manner hereinbefore prescribed at the last regular meeting in March, 1908. Vacancies. SEC. 23. Be it further enacted by the authority aforesaid, That at its first meeting the members of said board shall proceed to elect from their number a chairman, who shall preside over the meetings and be the chief executive officer of said board; and at the same time, or as soon thereafter as practicable, shall elect a secretary, who shall be chosen from the police force, and whose duties it shall be to keep the minutes of said board provided for in this Act, and discharge such other clerical duties as may be required of him by said board. The said board of commissioners shall meet at least once every two weeks, and shall have their acts and doings recorded in a book of minutes, which shall be open to the inspection of any person, and they shall make an annual report to the said mayor and council, as is required of other city officials. The said mayor and council of Rome shall furnish said board an office in the city hall or elsewhere, and shall pay all the legitimate expenses for stationery and printing, upon vouchers signed by the secretary and approved by the chairman. Chairman and secretary of police commission. SEC. 24. Be it further enacted by the authority aforesaid, That on the first Monday in April of each year, or as soon thereafter as practicable, the mayor and council of the city of Rome shall, by resolution or ordinance, fix the number of officers and men to compose the police force of the city of Rome for the ensuing twelve months, at the same time fixing their compesation, and shall transmit a certified copy of their action to said board of police commissioners. Upon receipt of the same, at their first regular meeting thereafter, the said board shall proceed to elect by viva voce vote the number of officers and men provided for by the mayor and council of Rome, all of whom shall be bonafide citizens of the city of Rome. All of said officers and men so elected shall, before entering upon the discharge of their duties, take the same oath now provided for the police of said city, and shall hold office for twelve months from the date of their qualification, unless sooner removed by said board. Police force SEC. 25. Be it further enacted by the authority aforesaid, That said officers and men shall be paid monthly by order upon the mayor of the city of Rome, said order to be signed by the secretary and countersigned by the chairman of said board, in accordance with the rate of compensation fixed by the said mayor and council, subject to such deduction for fines and lost time, as may have been ordered by said board. If said orders do not exceed the compensation fixed by the said mayor and council, it Page 1023 shall be the duty of said mayor to instruct the clerk of council to issue drafts upon the city treasurer for the same, said drafts to be countersigned by the said mayor, and it shall be the duty of the clerk of council to preserve the stubs of such drafts. Pay of policemen SEC. 26. Be it further enacted by the authority aforesaid, That the said board of police commissioners shall have exclusive control and management of the police force of said city, shall have the power to elect, discharge, suspend or fine the officers and men on said force, and to make and enforce such rules and regulations for the government thereof, and provide such penalties for a violation of such rules and regulations as to them may seem best; provided, that nothing in this Act shall in any way relieve the police from the duties that are now required of them under the ordinances of said city not in conflict with this Act. Powers of police commissioners. SEC. 27. Be it further enacted, That said board of commissioners shall be required to establish rules for the selection of the men for the force embodying the following provisions: that no new and inexperienced man shall be elected on said force who is under twenty-one years of age or over thirty-five; that no man shall be elected who is not physically sound, at least five feet ten inches in height, and weighing not less than one hundred and fifty pounds; the men selected shall be of good moral character, sober, upright, honest, and possess sufficient moral and physical courage to discharge the duties of the office; shall have sufficient English education to discharge the duties required of him, and write a legible hand, read easily both print and writing, and have a fair knowledge of arithmetic, and the said board of commissioners shall have power to establish such other requirements as they may think proper. Qualifications of policemen. SEC. 28. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of police commissioners to make such rules and regulations as will prevent the police force from taking any part in national, State, county or municipal politics; provided, the same in no way prevents them from exercising their right to vote as they please. Electioneering by policemen. SEC. 29. Be it further enacted by the authority aforesaid, That the members of said board of police commissioners shall receive no pay for the first six years, and after that time they shall receive such compensation as the mayor and council may determine; provided, the same shall not exceed the amount paid to members of the council. On all matters coming before said commission a majority of those qualified to vote thereon shall govern. Compensation of commissioners. SEC. 30. Be it further enacted by the authority aforesaid, That the said mayor and council of the city of Rome are hereby authorized Page 1024 and empowered to adopt ordinances requiring property owners within the corporate limits of said city to take up old sidewalks pavement immediately in front of their property whenever the same may be necessary in the judgment of said mayor and council or its street committee, and replace the same with a paving adopted by said mayor and council or its street committee, and also provide similar powers for enforcing the same as is now given by the charter and ordinances of said city when pavements are required to be laid in the first instance. Sidewalks. SEC. 31. Be it further enacted by the authority aforesaid, That the said mayor and council shall have power to fix by ordinance the general dimensions and character of all walls erected for buildings to be used for business purposes within the corporate limits of said city, or in a specified portion thereof, and to provide penalties for a violation thereof. Buildings in fire limits. SEC. 32. Be it further enacted by the authority aforesaid, That all laws and parts thereof, and all ordinances of the city of Rome or parts thereof, and all resolutions and orders in conflict with this Act, or any part thereof, be, and the same are, hereby repealed. Conflicting laws. Approved August 20, 1906. SAINT GEORGE, CITY OF, INCORPORATED. No. 572. An Act to incorporate the city of Saint George, in the county of Charlton and the State of Georgia. SECTION 1. Be it enacted by the Senate and House of Representatives in general assembly met, and it is hereby enacted by authority of the same, That the inhabitants of the territory hereinafter designated are hereby continued corporate by the name of the city of Saint George, a body politic and corporate, with powers to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with this charter, nor the Constitution and laws of Georgia nor the United States, with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all courts in the State of Georgia, and do all other acts relating to its corporate capacity, and shall be able, in law, to purchase, hold, receive, enjoy, possess Page 1025 and retain, for the use of the city of Saint George, in perpetuity, or for any term of years, any estate or estates, real or personal, lands or tenements, hereditaments of whatever kind or nature soever, within the limits of said city for corporate purposes, to hold all property and effects belonging to said city, either in her name or in the name of others, to the use of said city, for the purposes and intents for which the same were granted or dedicated, to use, manage and improve, sell and convey, rent or lease, and have the like powers over property hereafter acquired, and to have and use a common seal. Saint George, city of, incorporated. SEC. 2. That the corporate limits of said city shall, beginning at the northeast corner of Saint George, as surveyed and platted by the 1904 Colony Company and recorded in the office of the clerk of the superior court of Charlton county, Georgia, extend westerly to the northwest corner of said plat; thence south to the north line of Westside subdivision; thence west on said line to the northwest corner of said subdivision; thence south on the west line of said subdivision to the south line of the Georgia Southern and Florida Railway right of way; thence east along the line of said right of way to the western line of the plat of Saint George; thence south on said line to the southwest corner of Saint George; thence east on the south line of Saint George to the southeast corner as shown by the plat; thence north along the east line of Saint George to the southwest corner of five-acre tract No. 196; thence east along the line of said tract to the southeast corner; thence north to the Georgia Southern and Florida Railway right of way; thence east along said right of way to the Saint Mary's river; thence along said river to a point opposite Lee street; thence west on said line to the southwest corner of five-acre tract No. 327; thence north along the line of said lot to the southwest corner of cemetery lot; thence east on the south line to the southeast corner of cemetery lot; thence north on the east line of said cemetery lot to the northeast corner; thence west on the north line of cemetery lot to the line of Saint George; thence north to the place of beginning. Corporate limits. SEC. 3. The elective officers shall consist of a mayor, who shall also act as police judge, a city clerk, city treasurer, city assessor, and a board of five aldermen, one of whom shall be elected at large. Any person twenty-one years of age, who is a citizen of the United States, and has resided one year in the State of Georgia, six months in Saint George, and thirty days in a ward, and who shall have paid all taxes levied against him, who Page 1026 is a freeholder and has been regularly registered, shall be eligible to any elective office in the city of Saint George. Municipal officers. SEC. 4. The first election, by ballot, shall be held at Colony headquarters, on the first Tuesday in September, 1906, for the election of a mayor, city clerk, city treasurer, city assessor, and five aldermen. The aldermen from the first and third wards shall be elected to serve for one year, the aldermen from the second and fourth wards to serve for two years, and the aldermen-at-large for one year; and thereafter the aldermen elected annually shall serve for two years. The ward aldermen shall be elected by the voters of their respective wards. All other elective officers shall serve for two years and till their successors are elected and qualified. Election of officers. SEC. 5. Sixty days prior to the annual election, which shall be held on the first Tuesday of December of each year, the city clerk shall open a registration-book and keep the same open from day to day till ten days prior to election day. Registration of voters. SEC. 6. The city of Saint George shall be divided into four wards, Florida avenue being the dividing line north and south, and Cotton street the dividing line east and west. That part of the city east of Florida avenue and north of Cotton street shall be the first ward. That part of the city west of Florida avenue and north of Cotton street shall be the second ward. That part of the city west of Florida avenue and south of Cotton street shall be the third ward, and that part of the city east of Florida avenue and south of Cotton street shall be the fourth ward. City wards. SEC. 7. The salary of the mayor shall be one dollar per annum, and for officiating as police judge he shall receive all fees derived from defendant only in cases tried in the police court and collected in said court; provided, that the city shall, in no case, be liable to him for fees. The aldermen shall receive one dollar per annum. The compensation of the city clerk, city treasurer, city assessor, and such other officers as are deemed necessary and shall be provided for, and named by proper ordinance adopted by the board of aldermen, shall have their compensation fixed by the board of aldermen. Salaries and fees of officers. SEC. 8. The mayor and board of aldermen shall meet on the first and third Monday in each month and continue from day to day in their discretion, the mayor presiding at all meetings. Before entering upon the discharge of their duties the mayor and each member of the board of aldermen shall take and subscribe, before any person authorized to administer an oath, the following oath: I do solemnly swear that I will faithfully discharge all the duties imposed upon me as an officer of the city of Saint Page 1027 George; so help me God. The said mayor and board of aldermen shall constitute the legislative department of the city of Saint George, and shall have full power and authority to pass and enforce all by-laws and ordinances respecting public buildings and grounds, work-house, public-houses, carriages, wagons, carts, drays, pumps, wells, springs, fire-engines, care of the poor, suppression of disorderly houses or houses of ill-fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace of any citizen or citizens thereof, and every other by-law and ordinance that may seem proper for the security and peace, health, order and good government of said city. Meetings of council. Oath of officers. Legislative powers. SEC. 9. The mayor and board of aldermen shall have power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said city, and to punish offenders by fines not exceeding five hundred dollars, and imprisonment in city prison not exceeding ninety days, for each offense, and to enforce the payment of fines by compelling offenders and those who fail or refuse to pay fines to labor on the streets or public works, and shall have authority by proper ordinance to compel offenders sentenced to imprisonment in the city prison as aforesaid to labor on the public works or streets. Penalties. SEC. 10. The board of aldermen shall elect from their number a mayor pro tem., who shall officiate in the absence of the mayor. Mayor pro tem. SEC. 11. It shall not be lawful for any member of the board of aldermen to be interested directly or indirectly in any contract with the city of Saint George, the mayor and board of aldermen having for its object the public improvement of the city or the expenditure of its money. Municipal contracts. SEC. 12. In case of a vacancy in the board of aldermen or in any elective office, the mayor, or in case his seat is vacated, the mayor pro tem., or a majority of the board of aldermen, shall order a special election by giving ten days' notice in one or more city papers and posting in at least two public places, and said election shall be managed in the same manner as provided for the holding of regular elections. Vacancies. SEC. 13. At the first election, the qualified voters in each ward shall elect one manager of election, which board of four shall conduct said election, and be judges of the qualification of voters. They shall employ such clerks as they may deem necessary, who shall receive such compensation as the mayor and board of aldermen may allow, but the election managers shall not receive any compensation. After the mayor and board of aldermen have Page 1028 been chosen, according to the provisions set forth herein, they shall appoint, at the first meeting, in the month of July following, and annually thereafter, election managers for each ward, with the power to act, as set forth in the foregoing, and a voting place or places shall be designated by the board of aldermen. On the day following the election provided for under this charter, the election managers shall assemble at the city hall and organize by the election of one of their number as chairman and one of their number as secretary. They shall examine the votes cast in each ward, consolidate the same and declare the result in the same manner as prescribed by law for the election of members of the General Assembly. All cases of contested election shall be tried by the mayor and board of aldermen. Election managers. SEC. 14. No person shall vote for mayor, city clerk, city treasurer, city assessor or aldermen elsewhere than at the voting place of the ward in which he resides, and any person voting or attempting to vote in violation of the provisions of this section, or other law provided for a city election, shall be guilty of a misdemeanor, and upon indictment or accusation and conviction shall be punished as provided in section 4310 of the Code of Georgia. Illegal voting. SEC. 15. The police judge of Saint George shall have power to impose fines for the violation of any ordinance of the city of Saint George enacted in accordance with its charter to the amount of $500, to imprison offenders in the city prison, not exceeding ninety days, or at labor on the city chain-gang; provided, such is established by a city ordinance, full power being conferred on the board of aldermen of the city of Saint George to establish a city chain-gang. The fines so imposed shall be collected by execution to be issued out of said court against the estate of the offender, if any be found; and if none be found, the offender in lieu of the same may be imprisoned in the city prison not exceeding ninety days, or committed to the city chain-gang for a like period. Punitive power of police court. SEC. 16. The police force of the city of Saint George shall consist of a chief of police, who shall be ex-officio city marshal; said chief of police shall be elected by the board of aldermen and may be removed at any time by the vote of two-thirds of the members of the board of aldermen for malpractice in office, neglect of duty, drunkenness, or other improper conduct, to be judged of by the board of aldermen; and in such event a successor shall be elected for the unexpired term. The chief of police shall be elected at the first meeting of the board of aldermen, or within two weeks thereafter, and for the same time as mayor. In addition to chief of police the board shall elect such other officer and men as it shall from time to time deem necessary, who shall hold Page 1029 during the pleasure of the board of aldermen, and who shall be subject to removal in the same manner and for like causes; provided, that the board of aldermen may at any time increase or decrease the number of said police as it may deem proper. The board of aldermen of the city of Saint George shall have power to pass all ordinances, rules and regulations necessary for the proper discipline of the police force; and officers and policemen shall have the power and authority to arrest all persons 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 commit them to the city prison to be brought before the police court next day for trial or commitment; provided, that all persons arrested who desire to give bail for their appearance before said court, shall be allowed to do so. It shall be the duty of the city marshal, upon notice, in writing, from the mayor or aldermen, to prosecute all the offenders against the laws of Georgia for crimes committed within the limits of the city of Saint George; and in case an offense is committed in the presence of said marshal, or within his knowledge, it shall be his duty to prosecute without notice. Police force. SEC. 17. The mayor and board of aldermen of Saint George, under deed from the trustees of the 1904 Colony Company to the city of Saint George, of all the streets and alleys of said city, as shown by the plat of Saint George, recorded in the office of the clerk of the superior court of Charlton county, Georgia, shall have full power and authority to regulate, lay out, direct and control said streets and alleys; to provide for the grading of the same; to assess a tax for the improvement thereof, and exercise a general control over all the streets and alleys; and shall have full and complete power to prescribe and direct the manner and style in which all street crossings, walks and pavements shall be constructed, and to provide for the planting of shade-trees along said streets; prescribe the kind of trees and the manner in which they shall be planted. Streets, etc. SEC. 18. The mayor and board of aldermen shall have the authority and power to levy and collect a tax upon all taxable property within the corporate limits of Saint George, upon real and personal property, stocks, bonds, money, corporations, choses in action, incomes and commissions derived from the pursuit of any profession or avocation, upon banks, insurance, express and other like corporations and institutions, and upon all other forms of property not expressly prohibited or exempt under the laws of Georgia, in order to raise such sums of money as many be necessary for the safety, convenience, benefit and interest of said city, Page 1030 the maintenance of the municipal government, and the payment of the public debt thereof; provided, that the rate of taxation shall not exceed one and one-half per centum on a fair valuation of all taxable property; and it is further provided, that the mayor and board of aldermen shall have power and authority to provide by ordinance that the sale of all city property for non-payment of city taxes, or an execution of the police court, shall be made in front of the city hall in Saint George, and that all sales shall be advertised, and all publications relative thereto made in the official paper of said city. Taxation. SEC. 19. The mayor and board of aldermen shall have the authority and power to levy a license tax on all retail liquor dealers of three thousand dollars, on all other liquor dealers, including druggists, who sell liquor for other than medicinal purposes, a license tax of two thousand dollars. The mayor and board of aldermen shall have power and authority to levy and collect a license tax of not to exceed one hundred dollars on all circus performances within the corporate limits. The mayor and board of aldermen shall have authority and power to levy and collect a license tax on all street venders of whatsoever character, on all persons or concerns who open up a temporary business establishment for the purpose of disposing of surplus stocks of merchandise, all street exhibitions of whatever character which charge an admission fee or which are used to advertise and aid the sale of any article or commodity. Licenses SEC. 20. The board of aldermen, for the improvement of the streets and sidewalks, shall have the authority and power to levy and collect a special tax, not to exceed five cents per front foot, on the property abutting a part or all of any street or streets, and the money derived from said tax shall be expended on the street, part of street or streets taxed for such improvement. Tax for street improvements SEC. 21. The taxes on all real and personal property shall be paid to the city clerk, and by him paid into the city treasury in such manner and at such times as the board of aldermen shall prescribe. All street taxes, fines and special licenses shall be collected by the city marshal, who shall pay the same into the city treasury. The city clerk and the marshal shall issue their receipts in every instance for the payment to them of money, and shall be required to execute to the mayor and board of aldermen such bond as may be deemed sufficient. Collection of taxes. SEC. 22. All claims against the city of Saint George shall be filed with the city clerk, who shall submit the same to the mayor and board of aldermen. All payments shall be made under an appropriation by the board of aldermen and upon a voucher drawn Page 1031 upon the city treasurer by the city clerk and signed by the mayor; and it is hereby provided that at the last meeting of the board of aldermen in the month of December of each year the city clerk shall transmit to that body a statement of the financial transctions of the city during the year ending December 15. This statement, upon its approval by the mayor and board of aldermen, shall be published in the official city paper. This statement shall show the number of vouchers issued, to whom issued, for what and the amount, the source from which all funds have been received, cash on hand, and in whose hands, the total indebtedness of the city, and such other facts and figures as will give the public proper knowledge concerning the true financial condition and transactions of the city of Saint George. Disbursements. Financial statements. SEC. 23. The city assessor shall prepare a property book of the city of Saint George, and enter therein every business and residence lot and other real estate within the corporation subject to taxation according to its number on the recorded plat of Saint George, and the plat of the 1904 Colony tracts. He shall, between the first day of January and the first day of April, in each year, assess all the real and personal property within the corporate limits of the city of Saint George, and make a return of the same to the city clerk. City assessor. SEC. 24. The mayor and board of aldermen shall appoint a board of tax equalization, to consist of three members, whose duty shall be to hear and pass upon all complaints of unequal assessment. Tax equalization. SEC. 25. As soon after organization as practicable in each year, the mayor and board of aldermen shall elect a board of health, to consist of five citizens, one of whom shall be a physician, selected from the various portions of the city. They shall elect one of their number chairman and another secretary of the board. Board of health. SEC. 26. Before entering on the discharge of their duties the members of said board shall each take and subscribe before the mayor or some other officer authorized to administer an oath, the following oath: I do solemnly swear that I will well and truly discharge all the duties required of me as a member of the board of health of the city of Saint George; so help me God. Oath of health officers. SEC. 27. Said board shall meet once each month, or as often as they deem it necessary for the well-being of the health of the city. The chairman or any two members may call a special meeting of the board; and it shall be the duty of the marshal, his deputy or a member of the police force, to summon the members Page 1032 to any such meeting upon request of the chairman or any member of the board. Meetings of board of health. SEC. 28. Said board shall provide itself with such blanks and record books as it may need. At the close of each year the board shall make a report to the mayor and board of aldermen of all complaints made to them during the year and the grounds of the same, and also a comparative statement of record of inspection of premises, and such suggestions touching the health of the city as it may deem expedient to present, and such other sanitary information as may be called for by the mayor and board of aldermen. Reports of board of health. SEC. 29. Said board shall keep and maintain a general supervision over all matters and things pertaining to the health of the city; and from time to time pass such resolutions as, in their judgment, will preserve public health or be conducive thereto, and submit the same to the mayor and board of aldermen for adoption. Powers of board of health. SEC. 30. Said board shall have full power and authority to employ such inspector or inspectors as they may deem necessary, and for such length of time as it may see fit; and contract for doing such work as the board may deem necessary for the preservation of health in the city. The board may employ a scavenger (subject to the approval of the board of aldermen), whose duty it shall be to report all violations of the sanitary ordinances, rules of the board of health and regulations of the board of aldermen to the police court; and also do the scavenger work of the city under the direction of the board; provided, that should the city do its own scavenger work, or have the same done by contract, in that event the work shall be done under the supervision of said board. The scavenger may at any time be removed or suspended by either the mayor and board of aldermen or by the board of health. All debts created by the board shall be paid as other debts of the city, after being audited by the board and the finance committee of the board of aldermen. Inspection and sanitation. SEC. 31. Said board may adopt such by-laws and regulations consistent with the charter and ordinances of the city and laws of the State as to it may seem proper, and may do all such other acts and things as in its judgment will promote the public health; and shall have power to make rules and regulations for the government of quarantine. And the health officer shall report to said board as it shall direct, and it shall be his duty to carry out effectually the requisite measures for securing the purposes of quarantine as directed by the board of aldermen and said board. Quarantine Page 1033 SEC. 32. It shall be the duty of the board to frequently examine every part of the city with the view of detecting causes of diseases. Inspections SEC. 33. The board shall advise the mayor and board of aldermen at any time of the introduction into the city of smallpox [Illegible Text] other infectious diseases or epidemic, and recommend such measures as they may deem best for the prevention thereof, and for the most speedy relief from such diseases when they make their appearance. And to this end said board, in conjunction with the health officer, shall designate such quarantine grounds and adopt such quarantine regulations as to them may seem proper. Infectious diseases and quarantine. SEC. 34. A sanitary inspector appointed by the board and confirmed by the board of aldermen, shall be the executive officer of the board. Sanitary inspector. Approved August 21, 1906. SAVANNAH, CITY OF, JURISDICTION OF POLICE COURT. No. 426. An Act to enlarge the jurisdiction and powers of the police court of the city of Savannah, Georgia, and of the recorder thereof; to provide for a clerk of said court, defining his duties; declaring the police force of said city to be officers of said court, making provision for the taking of bail, forfeiture of recognizances, and punishment for contempt, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the police court of the city of Savannah is here-by continued a court of record, and shall have jurisdiction to try all offenses against the laws and ordinances of the municipal government of the city of Savannah committed within the corporate limits of said city and within three miles thereof; and extending into the county of Chatham, and to punish for the violation of such laws and ordinances by inflicting such punishments as may be provided by law. The jurisdiction of said police court shall further extend to the investigation of any charge involving a violation of the laws of the State of Georgia, when such charge is entered upon the docket of said court, and when the offense is alleged to have been committed within the city of Savannah, or within the county of Chatham. Savannah, city of, jurisdiction of police court. Page 1034 SEC. 2. Be it further enacted, That said police court shall hold daily sessions, Sundays excepted, and said court shall be presided over by a recorder, who shall be elected by the mayor and aldermen of the city of Savannah at the time other officers of said city are elected, and whose term of office and salary shall be such as may be fixed by the city council of Savannah. Said recorder shall not be less than twenty-one (21) years of age, shall have resided for four (4) years next preceding his election in the city of Savannah, and shall be a lawyer in good standing. In the absence or disability of the recorder, the presiding officer of said court shall be any alderman of the city of Savannah designated for such purpose by the mayor or acting mayor of said city, and who shall while presiding in said court have the same power and authority as the recorder. The mayor of the city of Savannah shall by virtue of his office have the same power and authority to preside in said court as said recorder, and may preside therein at any time, with or without said recorder, and when the mayor and such recorder shall preside together and differ in opinion, the said mayor shall pronounce the judgment of the court. Recorder. SEC. 3. Be it further enacted, That before entering upon the duties of his office, the said recorder shall take an oath before the mayor, or some officer authorized to administer oaths, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability, without favor, affection or partiality. Oath of office. SEC. 4. Be it further enacted, That said recorder or other presiding officer of said court shall have the power to impose fines and inflict punishments for the violation of valid laws and ordinances of the city of Savannah, within the limits prescribed by law, and said recorder or other presiding officer shall also have the same power as judges of the superior courts of this State to punish for contempt, by a fine not to exceed twenty-five ($25) dollars, and imprisonment in the jail of Chatham county not to exceed ten (10) days, either or both, in the discretion of the court. Said recorder, or other presiding officer of said court, 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 city of Savannah, or within the limits of Chatham county, either before or after a hearing of the charge in said police court, which warrant may be executed by any member of the police force of said city. Said recorder, or other presiding officer of said court, as such ex-officio justice of the peace, shall have power and authority to commit to the jail of Chatham county offenders against Page 1035 the laws of said State, and to 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 the county of Chatham, after legal investigation. Powers of recorder. SEC. 5. Be it further enacted, That as to sentences imposed by said police court, the recorder shall have the right; as to such as may have been imposed by him, to suspend, vacate or reduce fines (which have not been paid) and terms of imprisonment for legal grounds, in his best judgment and discretion, and the same shall apply to sentences of said court pronounced, respectively, by the mayor presiding, or by an alderman presiding, it being the intention hereof to give to the officer who pronounces the sentence power to vacate, alter or modify the same, when for good and legal reasons he may be convinced that such a course is consistent with justice; but, as to fines which may have been paid by persons convicted in said court, the same shall not be refunded, in whole or in part, to the person so paying the same, except by action of the city council of Savannah, upon written recommendation of the recorder or other presiding officer of said court, who may have imposed such fine. Recorder's right to suspend fines or terms of imprisonment. SEC. 6. Be it further enacted, That there shall be kept in said police court one or more dockets, upon which the names of all persons arrested by the officers and members of the police force of the city of Savannah, for any offense against the municipal or State laws, and of all persons summoned before said court by a subp[oelig]na issued therefrom, to answer for the violation of any ordinance of the city of Savannah, or of any State law, shall appear, together with the names of the witnesses against them, respectively, and a clear and succinct statement of the offenses, respectively, with which they may be charged. Upon the trial of such persons, the sentences respectively imposed, or the respective dispositions of the cases, shall be entered, in writing, opposite the name and charge; by the recorder, or other presiding officer of such court, with respective entries, together with the commitment in writing, signed by the recorder, or other such presiding officer, attested by the clerk of said court, shall constitute the judgment of the police court in such respective cases. Names of persons arrested to be kept on docket. SEC. 7. Be it further enacted, That upon information or complaint lodged with any officer or member of the police force of Savannah or with the clerk of said police court, any person within the limits of Chatham county charged with the violation of any municipal ordinance of the city of Savannah, or of any law of the State of Georgia, may be brought before the said police court to answer such charge, by the service upon such a person of a Page 1036 subp[oelig]na from said court, setting forth the nature of the charge and the time of the hearing; and the recorder, or other presiding officer of said court, shall have the power to punish any person disobeying such a subp[oelig]na as for contempt of court, within the limits of punishment hereinbefore prescribed. Any person desired as witness in any case or charge pending in said court may be compelled to attend any session of said court by service upon such person at any place within the limits of Chatham county of a subp[oelig]na from said court, setting forth the name of the case and the time of the hearing; and the said recorder, or other presiding officer of such court shall have the power to punish as for contempt of court any person failing or refusing to obey such subp[oelig]na, within the limits of punishment hereinbefore prescribed. Any person who may be charged with contempt of court as herein defined and provided for, may be arrested anywhere in the limits of Chatham county by an attachment in writing, or warrant, signed by such recorder or other presiding officer of said court, by any officer or member of the police force of said city. Complaint. Contempt. SEC. 8. Be it further enacted, That the clerk of the police department of the city of Savannah shall, by virtue of his office, be the clerk of the police court of said city and he shall, in addition to his other duties, attend the sessions of said court, and serve as clerk thereof. Such clerk shall administer oaths, shall sign and issue all subp[oelig]nas, processes and summonses issuing out of said court, all of which shall bear test in the name of the recorder; and he shall also attest all orders and commitments issuing out of said court and signed by the recorder or other presiding officer. Said clerk shall also do and perform all acts and duties heretofore required of the clerk of council of Savannah in connection with the police court of said city. When this Act shall have been passed and approved, the office of clerk of the police department will be vacated, and the city council of Savannah will elect a person to fill the same, who shall be a city officer, and who will hold the said office for the unexpired term; that is to say, up to the time when the officers of the city are regularly elected by the mayor and aldermen of the city of Savannah, and the term of office and salary of said official, to be hereafter known as clerk of the police department, shall be such as may be fixed by the city council of Savannah, and he shall perform the duties of clerk of the police court, and such other duties as may be put upon him by the city council of Savannah. Before entering on the duties of his office, the said clerk of the police department shall subscribe to an oath, before the mayor or acting mayor of the city of Savannah, Page 1037 that he will well and faithfully discharge the duties of his office, and will truly account for all public moneys committed to his care, and shall also file with the clerk of council a bond, payable to the mayor and aldermen of the city of Savannah, with a surety company regularly doing business in Georgia, and approved by said clerk of council, as surety, said bond to be in the sum of three thousand ($3,000) dollars, the premium on which will be paid by the mayor and aldermen of the city of Savannah, and will be conditioned that said clerk of the police department and ex-officio clerk of the police court, will truly and faithfully discharge all of the duties pertaining to said office, and will well and faithfully pay into the city treasury of Savannah all of the moneys which may come into his hands belonging to the municipality. Clerk. Oath and bond of clerk of police department. SEC. 9. Be it further enacted, That the ministerial officers of said court shall be the superintendent (or chief) of police of the city of Savannah, and the other officers and members of the police force of said city, any of whom may execute the mandates of said court, and to whom in the alternative all mesne and final process thereof shall be directed. Ministerial officers. SEC. 10. Be it further enacted, That the right of certiorari from the decision and judgment of the recorder, or other presiding officer of said court, shall exist in all cases, and shall be exercised under the provision of the laws of the State of Georgia in such cases made and provided. Certiorari. SEC. 11. Be it further enacted, That in any case where any person has deposited a sum of money as a bond for the appearance in police court of a person charged with an offense which said court has jurisdiction to try, such sum of money shall be forfeited by the owner thereof and be paid over by the clerk of the said court to the city treasurer as the property of the city of Savannah, in the event the party does not appear at the time appointed, for whose appearance such sum of money was deposited as a bond. Appearance bond. SEC. 12. Be it further enacted, That when any bond is given by any person charged with any offense against the ordinances of said city, for his or her appearance at any session of the police court of Savannah, and such person so giving bond shall fail to appear at the time appointed in said bond for his or her appearance, then the clerk of said police court shall issue a scire facias, which shall be served by any policeman of said city, two days before the return thereof, against the principal and his or her surety or sureties, calling on them to show cause within five (5) days from the date of said scire facias in said police court, why Page 1038 said bond should not be forfeited, and if at the return time of said scire facias in said court no sufficient cause be shown to the contrary, judgment shall be entered upon said bond against said principal and his or her sureties. On the entering of judgment on any such bond the clerk of the police court shall issue execution against the principal on said bond and his or her surety or sureties, in conformity to said judgment, and the same shall be placed in the hands of the city marshal of said city, who shall proceed to collect the same as other executions in favor of said city are collected. Forfeiture of bond. SEC. 13. Be it further enacted, That in all cases where persons are arrested by the police force of the city of Savannah, charged with an offense against the statutes of the State of Georgia, and bail is given, the bond for the appearance of such person or persons shall be made returnable to the court in said county and State, which has jurisdiction to try the offense charged, and such person or persons shall be served, at the time such bond is given, with a subp[oelig]na for appearance in police court at the preliminary hearing of the offense charged. Appearance bonds. SEC. 14. Be it further enacted, That the mayor and aldermen of the city of Savannah shall have full power and authority to pass any and all ordinances, rules and regulations necessary to properly carry into effect the powers herein granted and conferred. Mayor and aldermen, powers of. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 11, 1906. SAVANNAH, CITY OF, GRANT TO YOUNG MEN'S CHRISTIAN ASSOCIATION. No. 561. An Act to authorize the mayor and aldermen of the city of Savannah, Georgia, to grant to the trustees of the Young Men's Christian Association of Savannah, Georgia, ten feet, more or less, of land from the east side of Bull street between Macon and Charlton streets, so as to increase the depth of lot 23, Jasper ward, in Savannah, Chatham county, Georgia, ten feet, more or less. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and aldermen of the city of Savannah, Georgia, be, and they are, hereby authorized to grant to the trustees of the Young Men's Christian Association of the city of Page 1039 Savannah, Georgia, ten feet of land, more or less, from the east side of Bull street, between Macon and Charlton streets, Savannah, Georgia, for the purpose of increasing the depth of lot 23, Jasper ward, in the city of Savannah, Georgia, Chatham county, ten feet, more or less. Savannah, city of, grant to Y. M. C. A. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 20, 1906. SAVANNAH, CITY OF, CHARTER AMENDED. No. 644. An Act to empower the mayor and aldermen of the city of Savannah to authorize and permit areas of land under sidewalks, from property line to curb line, to be excavated and used by owners of abutting property for such purposes, under such terms, conditions and regulations, and upon such considerations as may be prescribed by the city council of Savannah, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the mayor and aldermen of the city of Savannah are hereby empowered to authorize and permit areas of land under sidewalks, from property line to curb line, in the city of Savannah, Georgia, to be excavated and used by owners of abutting real estate, for such purposes, under such terms, conditions and regulations, and upon such considerations as may be prescribed by the city council of Savannah. Savannah, city of, areas under sidewalks. SEC. 2. Be it further enacted, That all laws and parts of laws conflicting with this Act are hereby repealed. Approved August 21, 1906. SAVANNAH, CITY OF, CONFIRMATION OF DEED. No. 646. An Act to confirm the deed made by the mayor and aldermen of the city of Savannah to Daniel G. Purse, dated September 12, 1874, and recorded in county records, Chatham county, record book QQQQ, folios 323 and 328, and for other purposes. SECTION 1. WHEREAS, the mayor and aldermen of the city of Savannah on the 12th day of September, 1874, for a good and valid consideration, made, executed and delivered to Daniel G. Page 1040 Purse a deed to certain land in the city of Savannah, fully described in said deed, which is recorded in the office of the clerk of the superior court of Chatham county, in record book of deeds QQQQ, folios 323, et sequentia; and Savannah, city of. WHEREAS, The said D. G. Purse and his successors in title have been in possession of said land since the said twelfth day of September, 1874, Deed to Daniel G. Purse confirmed. Be it therefore enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the said deed of the mayor and aldermen of said city of Savannah above described be, and the same is, hereby ratified and confirmed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. SENOIA, CITY OF, INCORPORATED. No. 507. An Act to incorporate the city of Senoia, in the county of Coweta, and prescribe its limits; to provide for a mayor and councilmen, and the officers of said city, and prescribe their powers and duties, and the manner of their election; to declare and define the police powers of said city; to provide that all valid legal contracts heretofore entered into by the corporate authorities of the town of Senoia shall be good and valid for or against the city of Senoia, and that all property now held and owned by the town of Senoia shall be and become the right and property of the city of Senoia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the inhabitants of the territory embraced within the limits of three-fourths (3/4) of a mile in every direction from the public well situate in the center of Seavy and Main streets, as it is at present located in Senoia, in the county of Coweta, be incorporated under the name and style of the city of Senoia, and the said city of Senoia is hereby incorporated, and by that name and style shall have perpetual succession; may have and use a common seal; may plead and be interpleaded; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain for corporate purposes any estate or estates, real or personal, of whatever kind or nature, within or without the jurisdictional Page 1041 limits of the city of Senoia, and may sell or otherwise dispose of the same for the use and benefit of said city as to the city council may seem fit and proper; the mayor of said city, by direction of the city council, making deeds to any property sold or disposed of by said city. Senoia, city of, incorporated. SEC. 2. All lands, tenements, easements, streets, alleys, hereditaments, rights, powers and interest in property, real, personal and mixed, belonging to the town of Senoia at the date of the passage of this Act, shall belong to the city of Senoia on and after the passage of this Act. Property of town of Senoia. SEC. 3. The municipal authorities of said city shall consist of a mayor and four councilmen, who, together shall be known as the city council. Three councilmen, or the mayor and two councilmen, shall constitute a quorum of the city council. The concurrent vote of three councilmen, or the mayor and two councilmen, shall be necessary to the passage of any order, resolutions, ordinances or other official action of the city council. The mayor may vote on any question. The council may elect from their number a mayor pro tem., who shall have the same authority in all matters as is given to the mayor whenever the mayor for any reason can not or will not act, or declines to act. City council. SEC. 3. The mayor and councilmen may be impeached and removed from office upon being convicted by the concurrent vote of three members of the council of malpractice in office or grossly immoral conduct, or of an act amounting to a felony, under the laws of this State, or involving moral turpitude. The officer upon being accused, shall be given a fair trial before the other members of the council, and if convicted, may obtain certiorari according to the rules of law of this State; but pending the hearing of such certiorari such officer shall be suspended from his office. Malpractice SEC. 4. That the present mayor and councilmen of the town of Senoia shall continue in office as mayor and councilmen of the city of Senoia until their successors are elected and qualified; and they and their successors and associates shall have and exercise all rights, powers and duties hereby conferred on the mayor and councilmen of the city of Senoia created by this Act. Mayor and councilmen SEC. 5. Beginning with the year 1906, an election shall be held in said city annually on the last Saturday in December, at such place in said city as shall be designated by the mayor and councilmen; that on the last Saturday in December, 1906, and biennially thereafter two councilmen shall be elected, and on the last Saturday in December, 1907, and biennially thereafter, a mayor and two councilmen shall be elected. The mayor and council shall determine which two of the present councilmen's Page 1042 term of office shall expire under this Act, so that they or others shall be elected on the last Saturday in December, 1906. The terms of office of the mayor and councilmen shall be town years, and until their successors are elected and qualified. Election of mayor and councilmen. SEC. 6. All elections shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders, residents of said city, and before entering on their duties as managers of said elections, they shall subscribe the following oath: All, and each of us, do swear that we will faithfully superintend this day's election; that we are justices of the peace or other judicial officers or freeholders (as the case may be) residing in the city of Senoia; that we will make a just and true return thereof, and will not knowingly permit any one to vote in this election unless we believe that he is entitled to vote according to the law of said city of Senoia, nor will we knowingly prohibit any one from voting who is by law entitled to vote; so help us God. Said oath shall be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the county of Coweta authorized to administer oaths, or if no such officer can be conveniently had, said managers may swear each other. Said managers shall keep two lists of voters and two tally-sheets of said election. Said managers shall be appointed by the mayor then in office, or in his absence or refusal by the mayor pro tem. then in office, at least five days before the election, and notice thereof given to the persons appointed, and if any one or more of the said managers so appointed fails to appear and serve at the time for opening the polls on the day of the election, the vacancy or vacancies may be filled instanter, and the necessary number of managers appointed by the mayor then in office, or in his absence by the mayor pro tem., or in the absence of both, by any councilmen then in office. The said managers of said election shall receive such compensation as may be fixed by the city council, and no more. Election managers. SEC. 7. That the polls at the election held in and for the city shall be opened from 8 o'clock a. m. to 5 o'clock p. m. when they shall be closed and the managers of said election shall proceed to count the ballot and consolidate the returns of said election and certify the same. They shall keep two lists of voters and two tally-sheets, and shall make certificate of the result of 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 Coweta county. The other list of voters and tally-sheet Page 1043 shall be filed with the clerk of the city council by said managers for delivery to and inspection by said city council, who shall meet within five days after said election and declare the result of the same, which said declaration of the result of the election they shall cause to be entered of record on their book of minutes. The clerk of the superior court and clerk of the said city council, after the expiration of thirty days from the time of said election, shall destroy said ballots and list of voters, without inspection; provided, no notice of contest be filed or pending, in which case they shall preserve the same until said contest be finally determined. Elections, how held. SEC. 8. The result of any election held in and for said city may be contested in the following manner: Notice of such contest shall be filed with the ordinary of Coweta county, within three days after such election, setting forth all the grounds of contest, and upon payment of a fee of fifteen dollars in advance to said ordinary, 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 or the constable, if said contest is for an office, and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of the city and published one time in the official newspaper of the city. Said ordinary shall fix the time for hearing the contest, which shall not be later than ten days after notice or service has been perfected, of which time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff or his deputy two dollars in advance for serving notice of contest. All contests shall be heard at the court-house. Said ordinary is authorized to hear and determine the contest, and the losing party shall pay all cost, for which said ordinary is authorized to render judgment and issue execution. Contested elections. SEC. 9. All persons eligible to vote for members of the General Assembly, according to the laws of the State of Georgia, who shall have resided in said city six months preceding such election and who shall have paid all taxes required of them by the city of Senoia, and who shall have been registered as hereinafter provided shall be considered electors and be entitled to [Illegible Text] in said city elections and no other shall be qualified to vote. Electors. SEC. 10. No person shall be eligible to the office of mayor or councilman of said city unless he be twenty-one years of age and shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal Page 1044 elections, for officers of said city, and entitled to register under the registration laws of force in said city. Eligibility. SEC. 11. If a vacancy occur in the office of mayor, an election shall be called within twenty days after such vacancy, to fill such vacancy. If a vacancy occur in the office of councilman, the mayor and councilmen shall fill such vacancy; provided, however, that the person elected to fill such vacancy shall hold office only until the next regular election for councilmen in said city. Vacancies SEC. 12. That the mayor and councilmen may provide for the registration of voters prior to elections for officers of said city and require that no person be qualified to vote in said elections unless registered; provided, that the registration books shall be open forty days immediately preceding said elections, and be closed ten days before such elections; and provided further, when any voter has registered for the regular annual election for mayor and councilmen in December of any year, no further registration shall be required of such at any intermediate election for officers or any other election occurring before the next regular annual election for mayor and councilmen; provided, however, that the books shall be kept open consistent with the provisions of this charter for registration of voters, who are not registered for such intermediate elections. Registration of voters. SEC. 13. That on the second Monday following the last Saturday in December of each year the persons elected as mayor and councilmen, or councilmen, shall qualify by taking the following oath before some officer, or the mayor of the city then in office: 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 Senoia for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and knowledge, without fear or favor; so help me God. If the oath can not be taken as above specified it shall be administered so soon thereafter as possible. Oath of mayor and councilmen SEC. 14. The salary of the mayor and councilmen shall be prescribed each year by the mayor and council, either at the beginning or closing of the year. Salaries. SEC. 15. The mayor and council of the city of Senoia shall have power and authority to enact all such ordinances, from time to time as are necessary to carry into effect the provisions. of this charter, to suppress disorderly conduct, to protect life and property, to maintain the public peace and to protect the public health, which are not repugnant to the laws of the United States or of this State. General welfare. Page 1045 SEC. 16. The mayor, or the mayor pro tem, and two councilmen or three councilmen 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 councilmen shall hold monthly, semi-monthly or weekly meetings as they decide upon, and the mayor or mayor pro tem. may order such call meetings as emergencies may require. Meetings and quorum of council. SEC. 17. The mayor and council shall have power to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to enforce all of the laws of the State of Georgia applicable to municipal corporations, and which laws, in so far as they are not in conflict with this Act, are made part thereof, and to provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, common and public squares of the city and may provide against obstructions and nuisances thereupon. They may lay such drains and gutters therein as are necessary and shall take all necessary and proper means for keeping the corporate limits of the city, or the limits of its police jurisdiction, free from garbage and filth of all kinds. They shall have power to summarily abate nuisances, whenever in their judgment such nuisance is injurious to the health, comfort or convenience of the inhabitants of said city, either with or without complaint against such nuisance. They may regulate the running of locomotives or cars, whether run by steam, electricity or other power. They may provide against obstructions in the streets, alleys, or sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables, or any thing calculated to cause inconvenience to individuals, or to make such streets, alleys or sidewalks unclean or unsightly. They may make such regulations as they may deem proper relative to keeping, storage or sale of gunpowder and explosives or inflammable oils, chemicals or powders in said city. General law. Streets, etc. SEC. 18. The mayor and council shall have power and authority to elect a city marshal, a treasurer, city clerk, city attorney, city physician, city tax-assessor, a recorder, together with such other officers as the necessities of the city demand. They may prescribe the duties of the officers and fix their salaries. All such officers shall be elected for a term of one year, and until their successors have been elected and qualified. The mayor, or the mayor pro tem. may appoint such extra policemen as may be necessary in cases of emergencies, and such extra policemen shall receive such compensation as may be agreed upon or Page 1046 as may be fixed by the mayor and council. Either or all of said officers elected by the said mayor and council may be dismissed from office at any time by a two-third vote of the mayor and council, and all of them shall take oath to faithfully perform the duties of their respective offices and give such bond and security as may be required by the mayor and council. Subordinate officers SEC. 19. For the purpose of raising revenue 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 the city, and which is not exempt by State law, not to exceed one-half of one per centum, but when that amount is not sufficient, said mayor and council shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the Constitution and laws of the State of Georgia. In addition to the taxes for ordinary current expenses herein allowed, the mayor and council may levy an extraordinary tax not to exceed one-half of one per cent. on the taxable property of the city to be used only for educational purposes, for paving or macadamizing the streets, or for paying the principal and interest of the public debt. Ad valorem tax. SEC. 20. Every person owning or holding property of any kind in any capacity within the corporate limits of the city, on the first Monday in February in each year after the passage of this Act, shall return the same for taxation under oath at any time from and after the first Monday in February and until the first Monday in May of each year to the city clerk, or other officer authorized to receive tax returns for said city. Tax returns. SEC. 21. 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 for said city not to exceed ten 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 exceeding five dollars in any one year, as said mayor and council may determine. Any person subject to work the streets who shall refuse to work or pay the tax in lieu thereof, after being duly notified, shall be guilty of violating this section, and may be punished as prescribed in section 30 of this Act. Street tax. SEC. 22. The mayor and council shall have the right to establish a guardhouse and chain-gang in said city; provide for the confinement of prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners Page 1047 with convict suits; employ guards and convict bosses, and generally to provide for the control and proper government of said convicts. The employees of the city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. Prison and chain-gang. SEC. 23. The mayor and council shall have full power and authority to license, regulate and control by ordinance, and shall have power and authority to levy a business or occupation tax for the purpose of raising revenue on all taverns, hotels, boarding-houses, cafes, restaurants, saloons for sale of creams, ices, etc., livery-stables, feed-stables, sale stables, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theatre and theatrical performances, dummy or street railroad, oil-mills, ice-works, bottling-works, laundries, waterworks, shows, circuses, and exhibitions of all kinds, itinerant lightning-rod dealers, immigrant agents, book agents, peddlers of clocks, stoves, machines or other articles of merchandise or other thing, pool and bagatelle table kept for public play, shooting-gallery, tenpin-alley, upon the keeper of any table, device, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances, upon flying-horses or other contrivances, bicycle, velocipede or skating-rinks, insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business, banks and bankers, brokers and commission merchants of all kinds and dealers in futures, slaughter-houses, beef-markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads and other articles of food, contractors and builders and all mechanics or artisans, barber-shops, junk-shops, pawnbrokers, and upon all and every other establishment, business, calling, trade or avocation not heretofore mentioned and which under the Constitution and laws of Georgia are subject to license or specific tax. Licenses. SEC. 24. The mayor and council shall have the sole and exclusive power and authority to regulate the sale of intoxicating liquors, whether spirituous, vinous or malt, in said city; to grant license for the sale of the same, to fix the fees for said license, to establish such regulations and restrictions with reference to the sale of the same as they deem necessary and proper; to grant or refuse license to any applicant as to them may seem best; provided, that they shall not have power to fix the license at a sum less than six hundred dollars per annum; provided further, that no person shall be allowed to sell any of such liquors in any quantity less than one quart, nor shall any of such liquors Page 1048 be sold except between the hours of 6 o'clock a. m. and 8 o'clock p. m. Sale of liqures. SEC. 25. The mayor and council of said city may demand payment of any and all license 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 for which a specific tax or license is required. Should any person, firm or corporation 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, either or both, in the discretion of the court. Payment of specific taxes. SEC. 26. The mayor and council shall have power and authority to establish by ordinance a fiscal year from which and to which all license shall date. Should any person, natural or artificial, apply for license for any business in said city at any time after the fiscal year has begun, the mayor and council shall have authority to require from such person the same amount as required for license for a full year and in no case shall the mayor and council be compelled to prorate the amount of the license for a term less than a full year; provided, that no change in the fiscal year shall operate to the injury of any person who has paid the amount of the license required of him. Fiscal year SEC. 27. The mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due the city for taxes, licenses, rents, impounding fees, fines and forfeitures for laying sewers or drains, for cleaning or repairing privies, or for abating nuisances and for any and all levies, assessments, debts and demands due the 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 owning. Such execution to be directed to all and singular the marshal, deputy marshal and policeman of the city of Senoia, who are authorized to levy the same upon the property against which it is issued or on the property of the person against whom such execution shall have issued. And the same shall be sold in the following manner, to wit: The property levied on shall be sold by the marshal or his deputy at public outcry under the laws for the sheriff's sales to the highest bidder, before the door of the council chamber or at such other place as the mayor shall determine. Notice of which place shall be stated in the advertisement Page 1049 of the sale of the said property. If said property so levied upon shall be personal property it shall be advertised by posting notices in three public and conspicuous places in said city for ten days before the day of sale, and if the property levied on be real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales are advertised, or in some other newspaper published in the city of Senoia, before selling the same. All sales as above provided shall be at public outcry to the highest bidder for cash. Said marshal or his deputy making such sale shall execute title to the purchaser and shall have the same power to place the purchaser in possession as sheriffs of the State have. Executions for taxes, etc. SEC. 28. The mayor and council shall, at their first regular meeting in each year, elect three upright, intelligent and discreet persons, who shall be citizens and qualified voters of said city and owners of real estate therein, as city tax-assessors. Said assessors may be removed from office at any time for sufficient cause to be judged of by the mayor and council. It shall be the duty of said assessors to assess the value of all real estate in said city for the purpose of taxation by said city, and said mayor and council shall have authority to provide rules for their government. The city tax-assessors shall make return of the assessments made by them to the mayor and council thirty days before the time for collecting taxes. When said return is made said assessors shall fix a time for hearing objections to their assessment and the clerk of said city shall give each owner of property whose tax-return has been increased at least fifteen days' notice of such meeting, stating therein the amount of such increase. If the property has been given in by an agent, notice to the agent shall be sufficient. If the owner is not a resident of the city, and has no known agent residing therein, the mayor and council shall have authority to prescribe by ordinance what notice, if any, shall be given. Said mayor and council shall have authority to prescribe by ordinance for the assessing the value of all property, both real and personal, not returned for taxation, and for double-taxing all defaulters. The city tax-assessors shall receive such compensation as the mayor and council shall allow, and no more. Tax-assessors. SEC. 29. There shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held in the council chamber, as often as necessary. In the absence or disqualification of the mayor the mayor pro tem. shall hold said court and in the absence of both the mayor and the mayor pro tem., any one of the councilmen may hold said court. Said court shall have power to preserve order and compel the Page 1050 attendance of witnesses; to punish for contempt by imprisonment not exceeding five days or fine not exceeding five dollars, one or both. The presiding officers of said court shall have power and authority to sentence any offender upon conviction to labor in the city chain-gang (or work-gang) or on the streets for a period not exceeding thirty days; provided, that this sentence shall only be imposed as an alternative to fine and imprisonment, or impose a fine not exceeding one hundred dollars, or imprisonment in the city guard-house or other place of confinement, not exceeding ninety days. Either one or all of said sentences may be imposed. Sentence may be cumulative. The mayor and council shall have power and authority to provide by ordinance what procedure shall be adopted for the trial of alleged offenders in the mayor's court of said city. Mayor's court. SEC. 30. 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. 31. Any person convicted in the mayor's court for a violation of any of the ordinances or by-laws of said city shall have the right of certiorari to the superior court of Coweta county, or he may have the right of appeal to the mayor and council of said city, if the mayor and council shall see fit by ordinance to provide for such appeal. Otherwise certiorari as aforesaid shall be the only remedy. Certiorari and appeal. SEC. 32. The mayor, mayor pro tem. or recorder of said city or any member of the council when presiding in the mayor's court, shall have in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of justice of the peace over all the territory embraced in the 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 officer of said city presiding, after investigation, to commit the offender or offenders to jail or bail to answer to the court having jurisdiction of the offense. Jurisdiction of mayor's court. SEC. 33. The mayor and council of the city of Senoia shall have power and authority to create for said city a board of health. Said board shall consist of three upright and intelligent citizens of said city, and shall hold their offices for one year and until their successors are elected and qualified. It shall be the duty of the board of health to meet as often as they deem necessary, to visit all parts of the city and to report to the mayor and council all nuisances which are likely to endanger the health of any citizen or any neighborhood. Said mayor and council shall Page 1051 have power upon report of the board of health, to cause such nuisances to be abated and its recommendations to be carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the mayor and council may elect. The members of the board of health shall receive such compensation as the mayor and council may provide. Board of health. SEC. 34. The mayor and council shall have jurisdiction over all cemeteries belonging to or located in said city, and may provide by ordinance for a public cemetery, and prevent burials in any place other than the public cemetery. They may elect such employees to superintend the care of the same as they 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 to prevent trespass thereon and to prevent any person from defacing any work therein. They may regulate the charges for grave-digging, hearse fees and any and everything pertaining to the care and operation of such cemeteries. Cemeteries. SEC. 35. The mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said city and whenever in their judgment any structure or building is dangerous to the life or health of the citizens, on proper cause made in terms of the laws of the State of Georgia. They shall have the right to condemn such building as a nuisance and call on the owner or tenant in possession to immediately abate the same. In the event the owner or tenant in possession 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 same to be done and issue execution against the premises for the cost of abating such nuisance. They may also provide by ordinance for the punishment of any person or persons failing or refusing to abate a nuisance after notice has been given such party to abate the same. Condemnation of dangerous buildings. SEC. 36. The mayor and council of the city shall have power and authority to open, lay out, widen, straighten or otherwise change the streets, alleys, or lanes of said city and shall have power to lay off, vacate, close up, alter, open, curb, pave, or drain the roads, streets, bridges, alleys, sidewalks, cross-walks, drains or gutters for the use of the public or any citizen of said city, to grant right 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 Page 1052 terms and conditions and restrictions as said mayor and council may prescribe. Whenever said mayor and council in the exercise of the authority herein conferred to open, lay out, straighten, widen or otherwise extend or change any of the streets or alleys of said city shall find it necessary to take private property for such purpose and can not agree with the owner or owners thereof, they may take such private property upon the following terms and conditions, to wit: Said mayor and council shall cause to be served on the owner or owners, or his or their agent, written notice of their intention to condemn such property, which notice must describe the property sought to be condemned, the purpose for which it is 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. Such notice shall be served by the marshal of the city or his deputy. It shall also 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 the 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 to faithfully discharge their duties, hear all legal evidence offered by the parties and assess the damages or compensation to be paid the owner or owners of such land and render their award, which shall be signed by at least two of the freeholders. Said award shall then be filed with the city clerk. Should the two freeholders as above provided be unable to agree upon a third freeholder, then the mayor and council shall appoint the third freeholder. 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 Coweta county. The city of Senoia may at any time before appeal by the city abandon the condemnation proceedings. The mayor and council may, after payment or tender of payment to the owner or owners, or his or their agent, of the sum found by the assessors, proceed to take such property and apply the same to the purpose for which it was condemned. Streets, etc. SEC. 37. The mayor and council shall have authority to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious and infectious diseases in said city. Quarantine Page 1053 SEC. 38. The mayor and council shall have power and authority to compel the owners of property, their tenants or lessees, to grade, pave and otherwise to keep in good order and condition as said mayor and council may direct, the sidewalks in front of and abutting on their said property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city or in any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance to this section, the work may be done by the city and the expense attending the same collected by execution against said owner or against the property; provided, that the owner of such property be given ten days' notice to make the designated improvements. Sidewalks. SEC. 39. The 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 the city a fire district and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in such fire district and may punish in their discretion any person violating the provisions of their ordinances in this behalf. Whenever it shall appear that any building, shed, or structure of any sort is being erected within said fire district contrary to the ordinances covering such subject, the mayor and council shall have authority to summarily direct the owner or owners of such structure to immediately tear down and remove same or to so change the material as to make it comply with the ordinances for such cases; provided, should said owner fail or refuse to comply with such order, they may summarily have the same removed and execution shall issue against such owner for expenses so incurred by the city. The owner or person in charge of such structure and so refusing to comply with the order of the mayor and council may be punished for such violation of the ordinances. Fire limits. SEC. 40. Should any person who has violated any of the ordinances of the city flee from the jurisdiction thereof, he may be apprehended wherever he may be found in this State and the warrant of the clerk of the city, or the recorder of the city, shall be sufficient authority for his return and trial upon the charge resting upon him, and should any person after trial and conviction of a violation of an ordinance of said city escape, he may be apprehended wherever he may be found in this State and the warrant of the city clerk or the recorder of said city shall be sufficient authority for his arrest and return, and all persons Page 1054 so escaping from custody of said city may again be tried for such escape and punished, not exceeding penalties hereinbefore provided. Fugitives from justice. SEC. 41. The mayor and council of said city shall have full power and authority in their discretion to pave or otherwise permanently improve the sidewalks, streets, roads, lanes, and alleys of said city with whatever material and in whatever manner they may deem proper and best. In order to carry into effect the powers delegated in this section, the said mayor and council shall have full power and authority to assess the cost of paving or otherwise improving the sidewalks, streets, roads, lanes, and alleys, including all necessary curbing, on the real estate abutting on the sidewalk, street, road, lane or alley so paved or otherwise improved, and the mayor and council are hereby authorized to pass any and all ordinances necessary to carry out the provisions of this section. The mayor and council may restrict the operation of any ordinance passed in pursuance of the power delegated in this section to any designated part of the city, or in any way that to them may seem best. Should any owner fail or refuse to make the necessary paving, curbing or other improvement ordered by the mayor and council for a period of ten days after notice, then the mayor and council may cause the work to be done and the expense of the same collected by execution against said owner, or against said property. Street improvements SEC. 42. That the marshal or any policeman of said city shall release any person arrested within the corporate limits of said city, upon said person giving a bond to be approved by the marshal or mayor of said city conditioned to pay the obligee in said bond an amount fixed by the marshal or mayor of said city in the event said person arrested does not appear before the corporate authorities of the city at the time and place specified in the bond, and from time to time till said person arrested is tried for the offense for which he or she was arrested. Should such person fail to appear at the time and place fixed and recited in the bond, said bond may be forfeited before the mayor's court of said city of Senoia, as the mayor and council may provide by ordinance. Appearance bonds. SEC. 43. Nothing in this Act shall be construed as repealing an Act approved November 29, 1901, in reference to establishing a system of public schools in the city of Senoia, but said Act is continued in full force. Public schools. SEC. 44. That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 1055 SPARKS, TOWN OF, CHARTER AMENDED. No. 613. An Act to amend an Act approved December 26, 1888, incorporating the town of Sparks, in Berrien county, so that said town may levy any amount for taxes for general purposes; that the mayor and council may prescribe not exceeding one and one-half per cent.; also, how and when it shall be assessed and collected, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 9 of the Act incorporating the town of Sparks, in Berrien county, approved December 26, 1888, be stricken therefrom, and the following substituted in lieu thereof: Be it further enacted, that said mayor and council shall have power to levy, as taxes, for general purposes upon all property, both real and personal, any amount that they may deem necessary, not to exceed one and one-half of one per cent. 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 said streets. They shall also have power, and it is hereby made the duty of said mayor and council to, at the first regular session of the mayor and council after the passage of this Act, and at the first regular meeting in each year hereafter, to fix said rate for taxes for general purposes, also the amount of the commutation tax to be collected and said resolution passed by said mayor and council so fixing said rate and amount of commutation tax shall be published by posting a copy of the same in two or more conspicuous places within said town immediately after the same has been passed on by said mayor and council. Sparks, town of Taxation. It is further provided hereby, That should any property-owner or person subject to the commutation tax, who has not worked the required time upon the streets, refuse to pay his or her taxes, then it is hereby made the duty of said mayor to issue executions against said property of such person or persons, said execution to be signed by said mayor and countersigned by the clerk of said council, which execution shall have priority to any other, except executions for State and county taxes; that said executions shall be, by said clerk of said council, turned over to the chief Page 1056 of police or city marshal to collect, and shall be collected by him as are executions of tax-collectors of the various counties of this State, the proceeds arising therefrom to be turned over to said mayor and council to be used by them as contemplated by the levy, for which said tax was to be raised. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. SUMMERTOWN, TOWN OF, INCORPORATED. No. 672. An Act to establish the town of Summertown, in the State of Georgia, and county of Emanuel; to define its limits; to provide officers therefor, their term of office and their qualifications, powers, duties and liabilities; to provide for electors for said town; to provide for the qualification of voters, their registration, etc.; and to provide for the punishment of illegal registering, of illegal voting and for attempting either; to provide a revenue for said town; to define its powers and jurisdiction; and to provide for the punishment of offenders against the laws and ordinances of said town, and for binding over of offenders to the State courts; to provide for the trial, impeachment and discharge of its officers; to provide council meetings for said town; to provide a school system for said town, and for the issuance, sale and redemption of bonds for such purposes as well as for other public improvements; to provide for appeals from the decision of the mayor or other officers of said town, and to provide for certioraries to the State courts; to provide for the repeal of conflicting laws, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Summertown, in the county of Emanuel and the State of Georgia, be and the same is hereby incorporated as a town under the name and style of the town of Summertown, the corporate limits thereof shall extend one-half mile in every direction from the center of the warehouse building of the Augusta and Florida Railroad, as the same is now situated in said town. Summertown, town of, incorporated. Page 1057 SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government and the corporate powers of said town shall be vested in a mayor and four councilmen, who shall be styled the council of Summertown, 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 town real and 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 to be sued in any court of law or equity of this State; and to contract and be contracted with. Mayor and councilmen SEC. 3. Be it further enacted by the authority aforesaid, That the first election of the officers of said town shall be held on the first Monday in September, 1906, and that the officers thus elected shall hold office until the second Monday in December, 1907, and until their successors are elected and qualified; the second regular election shall be held on the second Monday in December, 1907, and all other regular elections shall be held on the second Monday in December in each and every year thereafter and all officers thus elected shall hold office for one year, and until their successors are elected and qualified. 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 town, and shall be held at such time as may be selected by said town council; provided, that at least ten days notice shall be given by posting a written or printed notice of the same on the front of the council chamber in said town, and also by publishing a notice of said election in any newspaper that may be published in said town, should one be published therein, not less than five days before said election is held. All officers thus elected shall hold office until the next regular election and until their successors are elected and qualified. Elections. SEC. 4. Be it further enacted by the authority aforesaid, That no person shall be eligible for mayor, who at the date of his election, has not arrived at the age of twenty-five years, and who has not resided in said town for the space of one year next preceding the date of said 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 not be only twenty-one years of age. Qualifications of mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That Page 1058 all elections for said town, whether regular or special, shall be held under the supervision of the said town council, who shall appoint one justice of the peace or notary public ex-officio justice of the peace, residing in said town, and two freeholders residents of said town; or three freeholders residing in said town, who shall be electors under this Act, and they shall be furnished with the registration book of said town, 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 town council by or before 12 o'clock of the next day after said election, when the said council shall, with the election manager, examine, consolidate and declare the result; provided, that the said election managers as hereinbefore mentioned, before proceeding with the election, shall subscribe to the following oath: Election managers. We, the undersigned, all and each of us, do solemnly swear that we will faithfully superintend this day's election; that we are justices of the peace, or notary public ex-officio justices of the peace and are residents of said town, or that we are resident freeholders of said town; and we are authorized to hold this day's election under the Act incorporating said town; that we will make a just and true return thereof, and not knowingly permit any one to vote, unless we believe he is entitled to do so, according to the laws of said town, nor knowingly prohibit any one from voting who is so entitled by law, and will not divulge for whom any vote was cast, unless called on under the law to do so; God so helping us. 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 town, except such male citizens as are twenty-one years of age, and who have registered for said election in accordance with the laws of said town, and who shall have paid all taxes legally imposed and demanded of him by the authorities of said town, and who shall have resided during the six months next preceding said election within the corporate limits of said town. Electors. SEC. 7. Be it further enacted by the authority aforesaid, That all ballots voted in elections for said town shall have written or printed thereon not more than one name for mayor nor more than four for councilmen. That the polls of all elections in said town shall not be opened before 9 o'clock a. m., and not later than 10 o'clock, and shall be closed at 4 o'clock p.m., 90th meridian time. Ballots. SEC. 8. Be it further enacted by the authority aforesaid, That Page 1059 the clerk of council shall provide a suitable book, alphabetically arranged, in which to register such qualified voters, and said 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 town, not less than sixty days nor more than ninety days, before the regular elections for said town; that his books are open for the registration of voters who are qualified to vote for municipal officers for said town; such books shall be opened at least sixty days before the election, and closed fifteen days before the election. Registration of voters. SEC. 9. 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 town of Summertown, and that I have paid all legal taxes imposed upon me by said town, and that if I continue to reside in said town I will have resided in the same the six months next preceding the next regular election of said town, to be held on the second Monday in December, next; so help me God. The said clerk of council is hereby authorized to administer said oath, and shall keep a record of the same upon the registration books, written or printed at the top of each page of said book and shall refuse to register any person who declines to take the aforesaid oath. Registration of voters. SEC. 10. Be it further enacted by the authority aforesaid, That any person offering to vote in any election of said town 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; that I have paid all legal taxes demanded of me by the authorities of said town, and that I have resided continuously in said town the six months next preceding this date; that I have registered in said town for said election; that I have not voted before during this election; and that I know of no reason why, under the laws of the said town, I am not entitled to vote; so help me God, and no person shall be allowed to vote who refuses to take said oath. Oath of voter. SEC. 11. Be it further enacted by the authority aforesaid, That any person registering illegally, for any election to be held in said town, or voting or offering to vote illegally in any election, held or being held for said town, 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 Page 1060 may be prosecuted for the same in the State courts having jurisdiction thereof. Illegal voting SEC. 12. Be it further enacted by the authority aforesaid, That all vacancies in the office of mayor or councilmen of said town, 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 ten days' notice shall be given by posting a written or printed notice of same in front of the council chamber of said town, and also by publishing the notice of said election in any newspaper of general circulation, published therein, not more than fifteen days nor less than five 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, whenever the same is not inconsistent with the provisions of this section. Vacancies. SEC. 13. Be it further enacted by the authority aforesaid, That before the mayor shall take up the duties of his office he shall take and subscribe the following oath: I , do solemnly swear that I will demean myself uprightly as mayor of Summertown, and that I will, to the utmost of my ability, faithfully discharge all duties devolving upon me as mayor of said town, enforcing all laws, rules, ordinances and regulations of said town according to the best of my ability, and looking at all times to the best interest of said town, and acting in all things without favor or affection; so help me God, which oath, when subscribed before any officer of said State and county authorized to administer oaths, shall be recorded on the records of said town. Each councilman shall take the same oath, except that the word councilman shall be inserted wherever the word mayor appears in the oath prescribed for that officer, and said oath shall be recorded in the same manner. Oath of mayor and councilmen. SEC. 14. Be it further enacted by the authority aforesaid, That said town 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 town, when from sickness, absence from the town, or other causes, the mayor is unable to act; provided, that in the absence of the mayor and mayor pro tem. for any cause, any member of the council may, for the time being, discharge the duties devolving upon the mayor. Mayor pro tem. SEC. 15. Be it further enacted by the authority aforesaid, That at the first meeting of the council, or as soon thereafter as may be practicable, they shall elect a clerk of council and a treasurer, both of which offices may be held by one man, if in the Page 1061 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 chief of police, and such other marshals or policemen 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 when for other good or sufficient cause the council may deem the same to be to the best interest of said town. The chief marshal may be elected for any time that the council may deem to the best interest of the town; 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 any marshal or policeman may be removed by the council at any time when, in their discretion, the same is necessary for the best interest of the town; and such action shall be conclusive upon said marshal or policeman, and such action shall not be subject to review by any court, or furnish such marshal or policeman any right of action against said town for salary or otherwise. Vacancies in any of said offices may be filled by election 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 the mayor until the next regular meeting of council on or before their election; provided, however, that said council may, in their discretion, at any time raise or lower the wages of any officer of said town, when in their judgment the same is conducive to the best interest of said town. Subordinate officers SEC. 16. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, 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 town are executed. The mayor of said town, or in his absence or inability to discharge his duty, the acting mayor of said town, shall hold a police court in and for said town, at any time, for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, and is hereby empowered to 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 town Page 1062 or the public works in said town not exceeding thirty days; provided, however, that said mayor shall have the right, if he so desires, to inflict either one or all three of the above penalties upon offenders in said town; and in addition thereto such cost of the proceedings as may be imposed. The fines and costs shall be collected by executions issued by the clerk of council against all property of said offender, both real and personal; provided, however, that if in the investigation of any cause before said mayor or acting mayor it should appear that the penal laws of the State have been violated, and that said town has no jurisdiction of the offense, 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; provided, however, that the mayor or acting mayor shall have a right, at any time when he so desires, to bind any one over to State courts for any offense against the penal laws. All rules and regulations governing justices of the peace when holding commitment courts shall govern said mayor or acting mayor in the discharge of his duties under this part of this section. The mayor or acting mayor of said town 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 town; 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. Executive powers of mayor. SEC. 17. Be it further enacted by the authority aforesaid, That the clerk of said council may, and unless otherwise provided by the council, shall also be tax-receiver and tax-collector for said town; provided, however, that the office of tax-collector may be filled by the chief marshal or chief of police, when, in the discretion of the council the same may be expedient. Within ten days after said clerk of council shall have been elected, he shall execute a bond in such sum as may be fixed by the council, not to be less than $500.00, with two or more good and solvent securities or acceptable security company, to be approved by the mayor and payable to said town of Summertown, 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 also take an oath to discharge the duties of his office to the Page 1063 best of his ability and understanding. He shall attend all the meetings of the said 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 town, and shall issue all licenses granted by the mayor and said council, keep a record thereof, have charge of and securely keep all books and papers belonging to said town. 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 town treasurer all taxes and other moneys collected by him for the town on or before the first Monday of the months next succeeding the collection of the same, except such moneys as belong to the school funds, should any come into his hands, and this he shall pay to the treasurer of the board of education of said town or the school district in which said town may be located, or to other proper officer as provided by law. His books and papers shall be subject at all times to the inspection of the mayor and 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 the council. Should he act as tax-receiver and tax-collector, either or both, he shall receive and collect all taxes due the town, in such way and time 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 town who are subject to street duty, and in case that the office of tax-collector may be filled by the chief marshal or chief of police, and shall furnish to said marshal or chief of police a certified list showing the names of all parties residing in said town who are subject to street duty. He shall perform such other duties as may be required of him by the mayor or by said town council. He shall receive as compensation for his services such an amount as may be fixed by the council. Tax-receiver and tax-collector. SEC. 18. Be it further enacted by the authority aforesaid, That the treasurer and chief marshal and the chief of police or other marshals or police of said town, shall each within ten days after his election make bond payable to the town of Summertown, with like securities and conditions as required of clerk of council, and in such sums as shall be fixed by said council, not to be less than $500.00. 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 Page 1064 increase or decrease the salary of the marshal or policeman of said town when in their discretion the same should be done as is hereinbefore provided. The treasurer shall receive and pay out all moneys belonging to the town, and he shall pay out no money except on warrant duly passed by 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 town 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 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 the duties required by the laws and ordinances of said town, or the mayor or council, and shall receive such compensation as may be fixed by council upon the date of his election, subject to increase or decrease as hereinbefore provided. The chief marshal or the chief of police of said town shall have general supervision over the other marshals or policemen of said town, and shall preserve order in said town, enforce the ordinances thereof, and make cases against all violators of the laws or ordinances of said town. They shall have power and authority to examine all places when they suspect that a violation of the laws of said State or the laws of said town is being perpetrated. They shall have full power and authority to call to their aid any or all of the male citizens of said town capable to bear arms in order to enforce the laws of the said State and shall report all offenders against the said laws of the said State and town to the mayor or mayor pro tem., when acting as mayor, who may issue 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 town. They shall have authority to abate all nuisances in said town under the proper order of the mayor and council, and shall perform such other duties as may be required of them by the ordinances, the mayor or the council of said town. Treasurer, marshal and chief of police. SEC. 19. Be it further enacted by the authority aforesaid, That said mayor or mayor pro tem., or acting mayor, as hereinbefore provided, shall preside at all meetings of the said council, and that said council shall hold regular meetings at such times and Page 1065 places as they may fix by their by-laws, not to be less than 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. 20. Be it further enacted by the authority aforesaid, That said town of Summertown shall have and enjoy all the rights, privileges, powers and immunities incident to such corporations, and said corporation, by its 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 town, 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, either by purchase or otherwise, in or near the town, place or places for the burial of the dead, and to regulate interments therein, or in said town; to provide for the regular building of houses or other structures, and for the construction of the same; to remove any and all obstructions from the streets, sidewalks, alleys, or other public domains of said town, or to widen out streets or to open up a new street through any property in said town which in the discretion of the council may be deemed necessary or to the good of the town; to designate the fire limits and to make such provisions as may, in their discretion, be necessary for the putting out of fires, or controlling the same in said town; 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 personal property of any one in said town, and for this purpose to appoint whatever force may be necessary to assist the marshal or policeman in the discharge of their 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 ginneries, blacksmith-shops, mills of Page 1066 any kinds, warehouses, gas works, electric lights or waterworks in said town; to prevent injury to or pollution of the water of said town; to provide a revenue and 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 of the citizens of said town; and to improve and light the same, regulate the width of the sidewalks or 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 town, or to prohibit their running at large upon the streets of said town; to impound such stock or fowls as may be found running at large in said town; and to punish any owner or owners of such stock who shall wilfully turn the same out or permit to run at large in said town; to authorize the maintenance of chain-gangs as provided in section 697 of the Code of 1895, when not inconsistent with this Act; to erect, provide for and regulate and control pest-houses, public schools and houses for the poor; as well as to provide for the assistance of such legal counsel to represent said town as in their discretion may be expedient. Corporate powers. SEC. 21. Be it further enacted by the authority aforesaid, That the town 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 town, and which ought to be paid within one year, and shall levy such tax as may, in the opinion of the council, be necessary to pay the same. The tax may be levied upon all property, real and personal, within said town, 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 said town any profession, trade or calling, or any business of any nature; provided, the levying and collection of said tax is not Page 1067 in conflict with any of the laws of this State or of the United States. Taxation. SEC. 22. Be it further enacted by the authority aforesaid, That every male citizen of said town 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 one month, by himself or an acceptable substitute, on the streets, sidewalks, alleys or public grounds of said town, under the direction of the mayor, council, marshal, police, or he may be released from such work upon payment of such amount as may be fixed by the council as street tax. Street tax. SEC. 23. Be it further enacted by the authority aforesaid, That said town council shall have the power and authority to impose a license upon dogs within said town in such a manner and mode as said town council shall deem best; provided, in no case the license so imposed shall not exceed one dollar per capita on said dogs. Tax on dogs. SEC. 24. Be it further enacted by the authority aforesaid, That the town council shall have complete control of the manufacturing, wholesaling and retailing of spirituous, vinous or malt liquors, or any intoxicant manufactured, sold or kept for sale, or any illegal purpose in said town; provided, the license for retailing such shall not be less than five 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 town for said purpose, and punish within the limits prescribed by this charter any person or persons violating the same. Sale of liquors. SEC. 25. Be it further enacted by the authority aforesaid, That the council of said town shall be, and they are, hereby authorized to establish a system of public or common schools within said town upon first complying with the following regulations, to wit: Before any public or common school shall be established in said town, to be maintained at the expense of said town, the mayor, upon the recommendation of two-thirds vote of the council, shall advertise an election in the gazette in which the sheriff's advertisements are printed, or in the newspaper published in said town, once a week for four weeks, to be held at , in said town, at which all persons qualified to vote for council of said town shall be qualified to vote; said election to be conducted in all particulars as herein provided by law for elections in said town. It shall be the duty of the electors at said election to indorse on his ballot For public schools, or Against public schools, and if two-thirds of the qualified voters voting at said election shall be Page 1068 found to have voted in favor of public schools, then in that event, but not otherwise, it shall be lawful for said town council to establish one or more public schools for each of the two races, within said town, to be maintained in whole or part at the expense of said town 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. Public schools. SEC. 26. Be it further enacted by the authority aforesaid, That at any time after six months from the passage of this Act the town council may order an election to be held in said town of Summertown on the question of issuing bonds of said town for public improvement, and especially for the purpose of building suitable houses and providing furniture and apparatus for the public schools in said town, or to purchase a school-house, at their option, or grounds whereon to build house for school purposes; that thirty days' notice of such election shall be given in the newspaper published in said town, or in the official organ of the county of Emanuel, if no paper be published in said town, and the same shall be held as all elections are held for said town. All persons entitled to vote for mayor and councilmen of said town shall be entitled to vote in said election, and the ballots cast at such election shall have written or printed thereon For bonds, or the words Against bonds, and the returns of said election shall be returned to the council of said town, who shall, in the presence of and together with the managers, consolidate and declare the results of the same; if two-thirds of the qualified voters of said town voting at said election shall have voted for bonds, then the council of said town shall be, and they are, hereby authorized and empowered to issue bonds of said town, not exceeding in the aggregate fifteen thousand dollars, said bonds to be of such denomination as the council shall determine, and 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 town and countersigned by the mayor and council, and shall be negotiated in such a way and manner as said council shall determine [Illegible Text] be for the best interest of said town. Municipal bonds. SEC. 27. 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 council, to be used by a board of school commissioners to be appointed by the council, and shall be used by said board for buying suitable lands, building suitable school buildings for the schools of said town, or for purchasing lands and buildings thereon, and for purchasing the buildings and Page 1069 for providing furniture and apparatus for such schools as they may deem best, and for the interest of said school. Proceeds of bonds. SEC. 28. Be it further enacted by the authority aforesaid, That the town council shall annually levy and collect a sufficient tax on the taxable property of said town to pay the interest on said bonds, as the same shall become due, and also provide for the redemption of the said bonds as the principal shall come due. Tax to pay bonds. SEC. 29. Be it further enacted by the authority aforesaid, That nothing contained in the four foregoing sections shall, in any way, be construed so as to prevent the laying off or creation of school districts, and the operation of schools therein, or for the creation and maintaining of district schools in said town, or in other territory including said town or any part thereof, as provided in the Acts of the General Assembly of 1905, and found on pages 425 to 429 inclusive thereof. School districts. SEC. 30. Be it further enacted by the authority aforesaid, That in all cases tried by the mayor, mayor pro tem., or acting mayor there may be an appeal from his decision to the board of councilmen, which appeal shall not be allowed after twenty-four hours from date of conviction, and a majority of said council shall be sufficient to hear said appeal; but there may also be a certiorari to the superior court from the decisions of either the mayor or the board of councilmen. Appellants, before appealing, must pay all costs or file an affidavit that owing to his poverty he is unable to pay the cost, and give the usual bond. Appeals and certiorari. SEC. 31. 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, whether a member of the council or not, and filed with the clerk of the council, which, when so filed, shall be investigated by the council, and upon a two-thirds vote of said council such offending officer shall be removed from office; provided, that in the trial of the case the accused shall neither preside nor vote. Malpractice SEC. 32. Be it further enacted by the authority aforesaid, That the mayor and other officer when presiding at any police court or any meeting of the council, shall have the power to punish for contempt, by fine, not to exceed fifty dollars ($50.00), or imprisonment not to exceed thirty days, for each offense, and may, in his discretion, impose the full penalty herein prescribed upon witnesses who shall fail to respond to subp[oelig]na duly and legally served upon them, without legal excuse for such failure. Punitive powers of police court. SEC. 33. Be it further enacted by the authority aforesaid, That Page 1070 the mayor shall be the chief executive officer of said town, 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 town and its finances, and shall require reports from the other officers of the town showing the exact status of affairs of each office. Executive powers of mayor. SEC. 34. 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 or police; provided, that said council may by its ordinances or by-laws give some other officer of said town the right and power to make said collections. Fines and forfeitures. SEC. 35. Be it further enacted by the authority aforesaid, That said town shall have, and is hereby given, all powers, and is authorized to exercise all the privileges and immunities in the general law of the State of Georgia relating to towns, villages, cities and embraced in title 7 of the Political Code of 1895, so far as the same is not in conflict with this Act. General law. SEC. 36. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. SUMMERVILLE, VILLAGE OF, CHARTER AMENDED. No. 573. An Act to authorize the village of Summerville, in Richmond county, to require returns of all property for taxation; to provide for a board of assessors of all property within the village and to provide a penalty for failure to make returns and for failure to pay taxes when due, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the village of Summerville, in Richmond county, be, and is, hereby empowered to require all persons and corporations residing or having their domicil within the limits of said village to make full returns under oath to such officer of the village as it may designate of all taxable property owned by such persons or corporations within the limits of said village, and may require that said returns set out in full detail the character and items of Page 1071 property owned and the value of each item; and said village may by ordinance provide penalties of fine or imprisonment or both for failure or refusal to make returns as may be required under the provisions of this Act. Summerville, village of, tax returns SEC. 2. Be it further enacted, That said village of Summerville in Richmond county is authorized at its option to elect three free-holders residing in the village as assessors, who shall value and assess all the property within said town or city liable for taxation, said assessors being empowered to base their assessments upon the returns of property made in accordance with the provisions of the first section of this Act, or from such other information as they may consider reliable and trustworthy, and such assessors shall include in their assessment not only property for which returns have been made, but also property of which no return has been made. All persons dissatisfied with the value placed on their property shall appear before said assessors and produce testimony as to the value of the property, and the decision of said assessors after hearing evidence shall be final. Said assessors shall make their reports at such time and in such manner as the village shall determine, and shall be governed by rules made by the village unless contrary to laws of the State. Tax assessors. SEC. 3. Be it further enacted, That said village of Summerville, in Richmond county, is empowered to provide in any tax ordinance that upon default in the payment of the tax by the time required by the ordinances of the village, an additional percentage in the nature of a penalty shall be collected, and the collection of the such penalty may be enforced by being embraced in the execution issued for the collection of the tax proper. And any execution issued for the collection of a tax, or a tax and penalty, shall bear interest from the date of issuing such execution upon the original amount of the tax. Defaulters. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved August 20, 1906. Page 1072 SWAINSBORO, CITY OF, CHARTER AMENDED. No. 671. An Act to amend the caption of an Act entitled An Act to incorporate the city of Swainsboro, in the county of Emanuel, etc., found on page 427 of the Acts of the General Assembly of 1900, approved December 6, 1900, by adding thereto between the words same and to in the twenty-fifth line of said caption, the following: To prohibit the city council from passing any ordinance preventing any one who has any member of his immediate family, or his father, mother, father-in-law, mother-in-law, child, grandchild, brother or sister buried in either the Baptist cemetery or the Methodist cemetery for white people, without submitting said question of preventing such burials by ballot to the qualified voters of said city, and giving notice of the time and place of said election by publication of the same in the official organ of the county, the two next preceding weeks before said election is held, and the same being carried by a two-thirds vote of the qualified voters favoring the prevention of such burials; to add additional sections to said charter; 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 from and after the passage of this Act, the Act incorporating the city of Swainsboro, in the county of Emanuel, found in the Acts of 1900, page 427, approved December 6, 1900, shall be amended as follows: By inserting between the words same and to in the twenty-fifth line of the caption of said Act, the following: To prohibit the city council from passing any ordinance preventing any one who has any member of his immediate family, or his father, mother, father-in-law, mother-in-law, child, grandchild, brother or sister buried in either the Baptist cemetery or Methodist cemetery for white people, without submitting said question of preventing such burials by ballot to the qualified voters of said city, and giving notice of the time and place of said election by publication of the same in the official organ of the county, the two next preceding weeks before said election is held, and the same being carried by a two-thirds vote of the qualified voters favoring the prevention of said burial. Swainsboro, city of. Burials in Baptist and Methodist cemeteries. SEC. 2. Be it further enacted by the authority aforesaid, That the city council of said city shall not be authorized to pass any Page 1073 ordinance preventing any one who has any member of his immediate family, or his father, mother, father-in-law, mother-in-law, child, grandchild, brother or sister buried in either the Baptist cemetery or the Methodist cemetery for white people, in said city, from burying any other member of his family therein until said question has been submitted to the qualified voters of said city by ballot, and carried by a two-thirds vote of the qualified voters in said city. Notice of the time and place of said election having been given by publication of the same in the official of the county the two next preceding weeks before said election is held. 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 21, 1906. TENNILLE, CITY OF, NEW CHARTER. No. 568. An Act to amend, consolidate and supersede the several Acts incorporating the city of Tennille, Georgia, in the county of Washington; to provide a new charter for said city; to provide for a municipal government for said city, and to define the powers, rights and duties of such government, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the municipal government of the city of Tennille shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the city of Tennille, and by that name shall have perpetual succession; shall have a common seal and be capable in law and equity to purchase, hold, receive, enjoy, possess and retain to them and their successors for the use of the city of Tennille, any real or personal estate of whatever kind or nature within the jurisdictional limits of the city of Tennille, and shall by the same name sue and be sued in any court of law or equity in this State, and said corporation shall succeed to all the rights and liabilities of the present corporation, city of Tennille. Tennille, city of, corporate name and powers. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate and jurisdictional limits of the city of Tennille shall be as established by the Act of 1887 as amended by the Page 1074 Act of 1902, and which define the said limits of the city of Tennille as follows: On the line of the Central of Georgia Railway Company and south of said road within a radius of one thousand yards in every direction from the present warehouse of said railroad, at their station, known and designated as Tennille, in said county of Washington, and commencing at the western limit on said Central of Georgia Railway and running in a direct line to a point on the street known as Adams street, to the district line of the 1399th G. M. district and the 97th district G. M. as established in the year of 1887, or as the same existed in the year of 1887, when the jurisdictional limits of said city of Tennille were defined in its charter granted by the Legislature of that year; thence running along what was in the year of 1887 the district line between said districts to a point on the Sandersville and Tennille public road, where was formerly located Orr's cemetery; thence due east to the Augusta Southern Railroad; thence down said railroad to the incorporate limit post that was in the year of 1887 erected on said railroad; thence to the incorporate limit post as it stood in the year 1887 on the eastern end of the Central of Georgia Railway Company. Said limits as set forth in the Act of 1887 shall be as amended by the Act of 1902, extending the same as follows: The limits of the city of Tennille shall be extended so as to include within the territory of said city, running east to a point in the center of the Central of Georgia Railway Company's right of way six hundred feet from the present eastern limits (the limits before the Act of 1902) of said city of Tennille, including the northern half of said right of way for the full distance of six hundred feet; thence north twelve hundred and seventy-five feet; thence west to the present northern limits of said city of Tennille, in the center of the Augusta Southern Railway's right of way, including the Tennille cotton mill addition, and all other property within the above described lines. The said incorporate limits of the city of Tennille shall remain the same as previously established by the Act of 1887, as amended by the Act of 1902. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held at the council chamber in the city of Tennille on the first Saturday in May, 1907, and biennially thereafter for a mayor and six aldermen, to serve for two years, and until their successors are elected and qualified. The polls of said election shall be opened at 10 o'clock a. m. and closed at 3 o'clock p. m. Elections of mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That Page 1075 all male citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and who have paid all taxes imposed and demanded by the authorities of the city, and shall have resided six months within the jurisdictional limits of said city, and no other person shall be qualified to vote at said election. Electors. SEC. 5. Be it further enacted by the authority aforesaid, That the clerk of the mayor and council of the city of Tennille shall open books for the registration of the voters at least thirty days before said election, and the books shall close five days before the election, and no person shall vote in said election unless such person be registered. This provision shall be applicable to any and all elections that may be held in said city. The clerk shall publish in a newspaper having a circulation in the city of Tennille a notice whenever the books are opened for registration of voters of such fact that the books are open and that all voters are required to register. Registration of voters. SEC. 6. Be it further enacted, That the clerk shall not register any person who is not a qualified voter, or who he does not know to be a qualified voter, unless such person shall take and subscribe the following oath: I do swear that I am a qualified voter for members of the House of Representatives in the General Assembly of Georgia from the county of Washington, and have resided within the jurisdictional limits of the city of Tennille for six months in said city previous to the next election, and that I have paid all taxes required of me by law; so help me God. Registration oath. SEC. 7. Be it further enacted by the authority aforesaid, That any person voting illegally in the municipal election of the city of Tennille, or falsely swearing in order to register or otherwise violating any of the provisions of this Act, shall on conviction be punished as prescribed in section 1039 of volume 3 of the Code of Georgia of 1895. Illegal voting. SEC. 8. Be it further enacted by the authority aforesaid, That all municipal elections shall be held under the superintendence of a justice of the peace and two freeholders, or three freeholders. Said election managers to take and subscribe the following oath: You do swear you will faithfully and impartially discharge the duties of election manager, and that you will prevent all illegal voting to the best of your skill and power, and will permit all who are qualified to vote to vote in said election, and you will perform all other duties devolving upon you as election manager; so help you God. Election managers. SEC. 9. Be it further enacted, That the person who shall receive the highest number of votes at said election for mayor and aldermen shall be declared elected. Plurality [Illegible Text]. Page 1076 SEC. 10. Be it further enacted by the authority aforesaid, That in case of any vacancy among members of or in the office of mayor, arising from any cause, the mayor, if a councilman, and the mayor pro tem. if mayor, shall order a new election to fill said vacancy, giving ten days' notice thereof in a public gazette, and the registration for the last preceding election shall be applicable thereto, unless the mayor and council shall prescribe by resolution for a new registration, in which event the provisions of this charter governing registration shall be applicable; in case of the vacancy in the office of mayor the mayor pro tem. shall succeed to the office, and shall hold until a mayor is elected and qualified, and the mayor and council at its first meeting after election and qualification shall elect one of the aldermen a mayor pro tem., who shall in all cases act as mayor in the event of the absence, sickness or disqualification of the mayor. Vacancies. SEC. 11. Be it further enacted, That after the votes for mayor and aldermen at each election shall have been counted by the managers, they shall cause a certified copy of the tally-sheets to be made out and delivered to the mayor and council, and as soon as the mayor and council shall be informed of the result of the election, he shall cause the persons elected to be notified of the same, and the persons so elected shall attend on the first Monday thereafter at the council chamber and the mayor and each member of the council shall take before a justice of the peace the following oath: I do swear that I will faithfully and impartially discharge the duties devolving upon (the mayor or alderman, as the case may be,) of the city of Tennille during my tenure of office, and that I will observe the laws and ordinances of said city, and that I will be governed by what in my judgment is for the public good and for the best interest of said city. Results of elections, how declared. Oath of mayor and aldermen. SEC. 12. Be it further enacted, That in case the mayor or any member of the council while in office shall be guilty of any willful neglect, malpractice or abuse of power confided to him, he shall be subject to indictment therefor in the superior court of the county of Washington, and on conviction shall be fined in a sum not to exceed three hundred dollars, which fine, after all cost is deducted, shall be paid to the clerk of the council for the use of the city of Tennille. Malpractice SEC. 13. Be it further enacted, That no person shall be eligible to any office in said city unless such person shall be a qualified voter of said city under this charter, but this provision shall not prevent the mayor and council from electing a marshal or marshals who are at the time of their election not qualified to vote in Page 1077 the city elections, not having resided within the jurisdictional limits the required time. Eligibility. SEC. 14. Be it further enacted, That the mayor shall receive such salary as the mayor and council may prescribe, and the aldermen of said city shall receive such salary or per diem for attendance upon the meetings of the council as may be prescribed by ordinance. Salaries. SEC. 15. Be it further enacted, That the mayor shall vote in the election of all officers chosen by the council; he shall preside at all meetings of the city council, but shall have no vote upon legislative questions before that body, except in case of a tie; he shall have the veto power, and may veto any ordinance or resolution of the council, in which event the same shall not become a law, unless subsequently passed over his veto by a vote of four aldermen on a yea and nay vote, duly recorded in the minutes of the city council, but unless he shall file in writing with the clerk of the council his veto of any measure passed by that body with reasons which impel him to withhold his assent within four days of its passage, the same shall become a law just as if approved and signed by the mayor. It shall be the duty of the mayor to preserve the peace and he shall be ex officio a justice of the peace so far as to enable him to issue warrants for criminal offenses committed within the jurisdictional limits of the city of Tennille. The mayor shall be chief executive officer of said city, and to him the police officers and all city employees under the jurisdiction of the mayor and council shall be directly and immediately subject. Powers and duties of mayor. SEC. 16. Be it further enacted, That should any officer, either mayor or alderman, move out of the jurisdictional limits of the city the office held by such person shall become vacant and an election shall be held to fill said office. Vancancy. SEC. 17. Be it further enacted, That the legislative body of the city of Tennille shall consist of six aldermen, who shall be elected at the same time and for the same term as the mayor. The qualifications of the aldermen shall be the same as those of the mayor, and three aldermen shall be a quorum for the passage of any ordinance, resolution, or the transaction of any business before the body. Legislative body. SEC. 18. Be it further enacted by the authority aforesaid, That at its first regular meeting after election and qualification the mayor and council shall elect a clerk, a treasurer, a recorder, marshals and a city attorney, each of these officers to take such oath as may by ordinance be prescribed, and hold office for two years, unless removed by the mayor and council. The said mayor and council shall have full power and authority to remove either Page 1078 of these officers upon a majority vote at a regular meeting for any reason it may deem proper. The mayor shall have the right to suspend either of these officers, and to appoint others in place of those so suspended, and shall report to the next meeting of the council the fact of such suspension, with the reasons therefor, and the council shall vote upon the question whether such officer shall be retained in the service of the city or dismissed, which action of the council upon this question shall be final. In case of dismissal the council shall elect a successor to the officer suspended. Subordinate officers SEC. 19. The same person may be elected to fill the office of clerk of the council and treasurer of the city. The mayor and council shall have the right to elect one person to fill both offices, and said clerk and treasurer shall receive such compensation for his services, or such salary as may be fixed by the mayor and council. The mayor and council shall have power and authority to require bond of the treasurer for the faithful discharge of his duties, and for the faithful accounting of all funds of the city coming into his hands. The clerk of the council shall be the keeper of the records of the city; he shall be the clerical officer of the council; he shall carefully keep all papers, records and books of the city; he shall attend all sessions of the city council, and it shall be his duty to act as clerk of the recorder's court. The treasurer of the city shall be the custodian of the moneys of the city, and shall pay out the same only upon proper orders or vouchers signed by the proper officials. Clerk and treasurer. SEC. 20. Be it further enacted by the authority aforesaid, That the recorder of the city of Tennille shall hold a recorder's court, or police court, and said recorder's court shall have jurisdiction to try and punish within the limits prescribed by law all violations of municipal ordinances or laws and any penal ordinances the mayor and council may pass. The recorder's court shall have full and complete jurisdiction to try and punish all offenders who may be charged with violations of such ordinances. The recorder may hold his court at any time when necessary to clear the city jail, or to dispose of cases. The court shall be held at the council chamber in the city of Tennille. In the event of the sickness, absence from the city or disqualification of the recorder, the mayor and if not the mayor the mayor pro tem. or an alderman may act as recorder pro tem. Recorder's court. SEC. 21. Be it further enacted by the authority aforesaid, That cognizance of all violations of city ordinances the said recorder shall take, and shall hold his court whenever necessary to try cases or to dispose of cases. All persons who may be convicted in the recorder's court of violating any municipal ordinance shall Page 1079 be fined not more than $100.00 or shall be imprisoned in the city jail for not more than ninety days, or shall be confined in the city chain-gang and forced to compulsory work for not longer than ninety days, any or all of the above punishments may be inflicted in the discretion of the recorder, or the acting recorder, or they shall have authority to impose any of the above punishments in the alternative. Jurisdiction and penalties of recorder's court. SEC. 22. Be it further enacted by the authority aforesaid, That the recorder shall have power in his court if the offense charged be beyond his jurisdiction, to examine into the facts of the case and commit the offender to jail or bail, if the offense be bailable, by a justice of the peace under the laws of the State to appear before the superior court of Washington county, or the city court of Sandersville. Power to commit or bail. SEC. 23. Be it further enacted by the authority aforesaid, That the recorder shall have the right to subp[oelig]na witnesses and punish by attachment for contempt by fine not exceeding twenty-five dollars, for which the clerk of council may issue fi. fa., or shall have the right to imprison in the city jail not exceeding ten days for all cases of contempt of court or failure to obey its processes. A written accusation in form substantially as follows shall be preferred against all persons who may be charged with violating the city ordinances: State of Georgia, city of Tennille. I, , marshal of said city, in the name and behalf of the city of Tennille, charge and accuse of the offense (here state the offense), contrary to the laws of said city, the peace, good order and dignity thereof, this day of , and shall be signed by the marshal or deputy, or acting marshal as prosecutor; and when such accusation is preferred the same shall be sufficient authority to hold the accused until final trial of the case; but the accused may give bond and security to appear at any time that may be fixed by the recorder. Said bond to be approved by the marshal or recorder. Witnesses. Contempt. Accusation. SEC. 24. Any person convicted in the recorder's court and sentenced to imprisonment or to pay a fine or both, shall have the right to appeal to the mayor and council within four days from the date of his conviction in the recorder's court; such appeal shall be governed by all the laws relating to appeals from justices courts to the superior courts under the laws of the State of Georgia. Appeals. SEC. 25. Be it further enacted by the authority aforesaid, That the compensation of the recorder shall be fixed by the mayor and council and they shall have the right to prescribe a salary to be paid from the city treasury or fees in particular cases or both. Salary of recorder. Page 1080 SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council shall elect one marshal who shall be ex-officio chief of police, one assistant and as many additional policemen as in the judgment of the mayor and council may seem proper and necessary. Such officers shall have such compensation as may be prescribed by the mayor and council, and shall take such oath as the mayor and council may prescribe. Their fees shall be such as is prescribed by the ordinances of said city. The mayor and council of said city shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty or for incapacity, or failure to perform duty, and to appoint others in their stead. Marshal and policemen. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Tennille shall have the power to authorize by ordinance the marshal or any policeman of said city to summons any or all by-standers 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. 28. Be it further enacted by the authority aforesaid, 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 to violating any of the ordinances of said city, or who he may have reasonable grounds to suspect has violated any of the ordinances, and to hold said person so arrested until a hearing of the matter before the proper officers can be had, and to this end said arresting officer is authorized to imprison in the city jail for a reasonable length of time. The marshal and policemen of said 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 Tennille; provided, that said marshal or policeman shall not arrest any person or persons outside of the incorporate limits of said city except in the obedience to a written warrant signed by the mayor or recorder of said city. Arrests. SEC. 29. Be it further enacted by the authority aforesaid, That either the mayor or recorder of said city, or if either of these officers are absent, the mayor pro tem. shall have power and authority to issue warrants against any persons charged with violating any of the ordinances of said city if the offense is committed within his presence, and if not, upon oath or information of another person; such warrants shall be directed to all and singular the marshals of said city commanding them to arrest the body of the Page 1081 person therein named, and shall bear test in the name of the city of Tennille, and signed by the officer issuing same; and in all other respects shall be governed by the laws of the State of Georgia with reference to the issuing and return of warrants. Warrants to arrest. SEC. 30. Be it further enacted by the authority aforesaid, That any person arrested may give bond in an amount to be fixed by the arresting officer with good and sufficient security, conditioned for his appearance at the recorder's court for trial, which bond shall state the date upon which trial is set, and which bond shall require the appearance of the defendant from time to time until the case is disposed of. Said bond shall be payable to the city of Tennille, and should the prinicpal in the bond fail to appear at the time and place set for his trial said bond may be forfeited before the recorder's court of the city of Tennille. The mayor and council may by ordinance prescribe the process necessary for the forfeiture and collection of said bond, or the same may be sued in a State court, upon a common law process, as bonds in civil judicial proceedings are sued. Appearance bonds. SEC. 31. The recorder shall have authority to compel the attendance of witnesses, whether resident of said city or not, by imprisonment if necessary, and to take bonds to secure their attendance, and to forfeit such bond or sue the same in a common law court, said bonds to be taken in the name of the city of Tennille. Witnesses. SEC. 32. The city attorney shall have such compensation as may be prescribed by the mayor and council, and his duties shall be to advise the mayor and council touching matters of law, and to represent the city in all cases in the courts, and also to attend the recorder's court when instructed by the mayor and council, and to represent in such court the city. The mayor and council shall have the right to elect a city attorney who does not reside within the limits of the city, and who is not a qualified voter, provided they deem best. City attorney. SEC. 33. The mayor and council are empowered to elect a city sexton to have superintendence of and care of the cemeteries, and they shall have police powers over the cemeteries of the city, although the cemeteries be beyond the corporate limits; he shall receive such compensation as may be prescribed by the municipal authorities. City sexton SEC. 34. The mayor and council shall have authority to elect a city physician, whose duties shall be such as are prescribed by ordinance, or by directions of the mayor or the mayor and council. City physician. SEC. 35. Be it further enacted, That the mayor and council Page 1082 shall have the power to elect three persons as a board of health. The duties, powers and compensation of said board of health shall be as prescribed by the ordinances and resolutions of the mayor and council. All recommendations, resolutions and orders of the board of health when approved by the mayor and council shall have the force of law, and said board of health shall have superintendence of all matters touching the health of the public, and of all matters relating to sanitation. The board of health shall have the right to appoint a sanitary inspector, whose duties they may by rules prescribe, and who shall receive such compensation as may be allowed him by the mayor and council. Any person violating any order or rule of the board of health when approved by the mayor and council shall be subject to be tried in the recorder's court, and upon conviction shall be punished as prescribed in section 21 of this charter. Board of health. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor and council may by ordinance declare what shall be nuisances in said city, and after passage of any ordinance defining what shall be a nuisance, any person violating such ordinance shall be punished as prescribed in section 21 of this charter. The recorder's court shall have jurisdiction to punish the offense of maintaining a nuisance, or the same may be abated by the mayor and council as prescribed in the laws of the State of Georgia providing for the abatement of nuisances within the incorporate limits of town or city. Nuisences. SEC. 37. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Tennille shall have the power to take up and impound any animals running at large within the limits of said city, and to pass such ordinances as may be deemed by them necessary for the control of stock within said city. Animals. SEC. 38. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority to pass all necessary ordinances regulating and prescribing the speed of railroad trains running within the limits of the city; it shall have the power to require by ordinance the railroad companies to station watchment at street crossings, or to prescribe by ordinance that all trains running across or parallel to any street shall be preceded by a flagman; it shall have full power and authority to pass ordinances making it a penal offense for any railroad company, or its employees or both, to block any street-crossing with railway trains any longer than is necessary for trains to pass over said crossings. The mayor and council shall have full power to prohibit more than one railroad train from crossing Page 1083 or running parallel with another train at the same time across a street-crossing; it shall have full power and authority to pass all other ordinances with reference to the regulation of the running or operation of railway trains within the city limits that it may deem necessary to protect and safeguard the public. Railroads. SEC. 39. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to require railroad companies within the incorporate limits of the city to make crossings on their several roads for the convenience of the traveling public, and to keep the same open for travel; and to pass all ordinances needful for the carrying out of the provisions of this section and the preceding section; and in case said railroads fail to make said crossings when notified to do so, the mayor and council shall have the power to put the same across such railroads at the expense of said railroads, and the clerk of the council may issue an execution for the amount so expended against such railroad. Railroad crossings. SEC. 40. Be it further enacted by the authority aforesaid, That the 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 consumer with lights; water or sewerage. The mayor and council shall have either the power to establish the public utilities referred to, the same to be owned and operated by the city, or it shall have the power to lease any or all these utilities, but a lease for more than one year shall be made only after the same is approved by a majority of the voters of the city at a regular election, due notice of which shall be given in a newspaper having a general circulation in the city thirty days before said election. The mayor and council shall have the authority to pass all needful and necessary ordinances to carry out this provision. Light and water. SEC. 41. Be it further enacted, That the mayor and council shall have full power and authority to contract for and purchase any property for public purposes, either within or without the city limits, and shall have the authority to condemn any lands, either within or without the city limits, for the purpose of establishing and maintaining any public utility, and shall have the right to condemn land for the purpose of acquiring an easement only, the fee to reside in the owner; provided, if the power to condemn herein granted shall be exercised, all proceedings shall be had under the provisions of sections 4657 and 4686 of volume 2 of the Code of Georgia of 1895. Condemnation for public utilities. SEC. 42. Be it further enacted by the authority aforesaid, That Page 1084 the city of Tennille shall only issue its bonds for the payment of its debts, or for public improvements, or for educational or school purposes, and it shall have the right to issue bonds to the constitutional limit for the purposes specified. Municipal bonds. SEC. 43. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to pass ordinances prohibiting the building or construction of any building within the city limits, without the party desiring to build shall first obtain a building permit from the mayor and council of the city of Tennille, and said mayor and council are authorized to refuse building permits when in their opinion the construction of the proposed building would seriously diminish the value of adjacent property, or would interfere with the rights of the public or the rights of others. The mayor and council shall have authority to pass all ordinances carrying this provision into effect. Building permits. SEC. 44. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power to establish fire limits, and to prohibit by ordinance the erection of any building within such limits except buildings constructed with brick or stone, or other incombustible material. The mayor and council shall have authority to pass all ordinances designed to prevent and guard against danger by fire, and to lessen the possibility of fire. They shall have authority to order any changes in the arrangement or construction of buildings, chimneys, stovepipes or flues, or to order the removal thereof when, in their judgment, the same are dangerous or likely to become so, and to make the owner of the premises pay the expense of such change or removal, which expense may be collected as taxes are collected, and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, said mayor and council may order such building removed or altered, and if such person, firm or corporation shall not remove or alter such building after notice to do so, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. They shall have the authority to order the removal of buildings or structures that are dangerous or dilapidated, and have the power to remove the same, and collect as taxes are collected from the owner the expense of removing said building. Fire limits. SEC. 45. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full and complete control of the streets and sidewalks, alleys and squares of said city, and shall have full power and authority to condemn property Page 1085 for the purpose of laying out new streets and alleys, and for widening, straightening, or grading or in any way changing the streets and sidewalks of said city. And when the mayor and council of said city shall desire to exercise the power and authority granted in this section, it may be done whether the land sought to be condemned, is in the hands of the owner or as trustee, guardian, or other trustee, in the manner provided by sections 4657 and 4686 of volume 2 of the Code of Georgia 1895. The mayor and council shall have full power and authority to remove or cause to be removed any building, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Streets, etc. SEC. 46. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority to pass all laws and ordinances conserving to drainage and proper maintenance and care of the streets, alleys, and sidewalks and other public places of said city; to provide for the paving of the business streets, whenever in their judgment the same becomes necessary, and to provide how said paving shall be paid for, whether by the city, or whether by adjacent owner, or both. Drainage etc. SEC. 47. Be it further enacted, That the mayor and council of the city of Tennille shall have power and authority to levy and collect a tax annually of not exceeding one per cent. upon all and every species of property, both real and personal, within the limits of the city of Tennille, including bonds, notes, debts, choses in action, money employed in banking and otherwise. Taxation. SEC. 48. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to appoint or elect tax-assessors as provided by sections 717 and 718 of the Code of Georgia, volume 1; provided, an appeal may be had from the tax-assessors to the council. Tax-assessors. SEC. 49. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power to require every male inhabitant in said city who by the laws of this State is subject to work on the public roads, to work such length of time upon the streets of said city as the mayor and council may by ordinance direct, in no case to exceed fifteen days in one year. Said person so subject to street work shall have the right to relieve themselves of said work by paying a commutation tax which said mayor and council shall fix by ordinance, and which tax shall in no event exceed three dollars Page 1086 per annum. Said street work to be done, or commutation tax to be paid at such times as the mayor and council may direct. Any person subject to work or pay said tax and failing to do so, after being properly notified may be punished in the recorder's court, as the mayor and council may by ordinance prescribe. Street tax. SEC. 50. Be it further enacted, That the mayor shall have full power and authority to tax and grant license to persons keeping markets in said city; also to tax and license shows, theatres, circuses, exhibitions, carnivals and fairs of all kinds, as well as itinerant dealers of all kinds. Licenses. SEC. 51. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to require any person, firm or corporation, whether a resident or a non-resident of the city of Tennille, engaged in or carrying on, or who may engage in or carry on any trade, business, vocation, profession or avocations within the incorporate limits of said city, either by themselves or their agent or agents, to register their names and business calling, trade, vocation or profession, annually, and to require such person, firm or corporation to pay for such registration and for license to prosecute, carry on, or engage in such business, calling or profession, or avocation or trade, such amount as the mayor and council may by ordinance require. Said mayor and council may by ordinance provide for the punishment of all persons, firms, or corporations, who are required by ordinance to pay the said special tax and to register, who shall engage in or offer, or attempt to engage in such business, calling, trade or profession without first complying in all respects with the city ordinances in reference thereto. The mayor and council are authorized to pass ordinances providing for the issuing of a fi. fa. to collect any special tax or license tax, and to provide also for punishment in the recorder's court for failure to pay such tax. Registration of business. SEC. 52. Be it further enacted by the authority aforesaid, That the mayor and council are hereby given authority to pass such ordinances as may be necessary and proper in order to carry the foregoing section into effect; they are also empowered to classify business and to arrange the various business, trades and professions carried on in said city into such classes of subjects for taxation as they may deem just and proper. Classification of subjects for taxation. SEC. 53. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to levy a special tax upon all classes of business, and upon railway companies, telegraph companies, telephone companies and express companies doing business in said city; said special tax may be Page 1087 collected by fi. fa. as ad valorem taxes are collected, or all persons or corporations failing to pay special taxes, the mayor and council may be ordinance prescribe a punishment for such failure. Special taxes. SEC. 54. Be it further enacted by the authority aforesaid, That the mayor and council shall have the right to levy a tax upon dogs, and require each owner of a dog to register his dog. They may by ordinance direct the police force to kill all dogs within the city limits, found running at large, upon which the owners have paid no tax. Dog tax. SEC. 55. Be it further enacted, That the mayor and council of the said city shall have power and authority to provide by ordinance when the taxes of said city shall be due, in what length of time such taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due. Payment of taxes. SEC. 56. Be it further enacted by the authority aforesaid, That executions for any and all taxes or licenses or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk of said city, signed by him, and bear test in the name of the mayor of said city, shall be directed to all and singular the marshals of said city, and the sheriff and his lawful deputies of said county, commanding them to make by levy and sale of the defendant's property, a sufficient amount to satisfy the execution, with all cost that may accrue. All executions may be levied by the marshal, or assistant marshal, or any officer to whom the same is directed upon any property of the defendant. In case the execution is levied upon real property, all the laws with reference to sheriff's sales of land of force in this State shall apply, except the sale shall be had before the door of the council chamber of the city of Tennille, and the marshal shall advertise and sell said property, if he be the officer who levies the fi. fa. In case of levy upon personal property, the same shall be advertised ten days before the sale; the advertisement may be had by posting notice at three public places in said city, describing the property, and giving notice of the time and place of sale, or the same may be published in two issues of a newspaper published in the city of Tennille. All sales shall be made between the hours of 10 a. m. and 4 p. m., before the council chamber in said city. Sales of real property shall be made on the first Tuesday in the month, and personal property shall be sold on a regular meeting day of the council. The marshal is authorized to make all necessary conveyances to a purchaser. All claims or illegalities shall be tried by the Page 1088 superior court of Washington county in case the property levied upon is land, and if personal property, they may be tried by the justice court of the district in which the city is located, or in the city court of Sandersville. Executions for taxes, etc. SEC. 57. Be it further enacted, That the mayor and council shall have the power and authority to pass ordinances prohibiting any person or persons from keeping or storing within the city limits any intoxicating liquors for illegal sale. Sale of liquors. SEC. 58. All ordinances passed by the mayor and council shall be entered upon the minutes, and the same shall be posted before the door of the council chamber, or advertised in a newspaper published in said city, or having a circulation within said city, one time before the same shall become operative. Ordinances, passage and publication. SEC. 59. Be it further enacted, That nothing in this Act shall affect the present officers of the city of Tennille, or their fees or salaries, or the licenses or special taxes, or the tax rate fixed by the ordinances for the year of 1906. Present officers. SEC. 60. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to pass all ordinances necessary under this charter for the effectual organization of the city government, and for carrying out the powers herein expressly granted; they shall have authority to make all necessary rules for their organization and procedure; to confer upon the recorder's court any and all powers necessary to its effectual operation. The mayor and council shall have authority generally to make all such by-laws, and pass such ordinances as may be necessary to preserve the peace, good order, promote the welfare, and safeguard the health and property of the inhabitants of the city of Tennille, and the authority to punish all persons who violate such ordinances. General welfare. SEC. 61. Be it further enacted, That the mayor and council of said city shall have the right to elect such other municipal officers, besides those herein specified, as may to them seem necessary and proper, providing therefor when necessary by ordinance, and in the same manner prescribing their duties and compensation. Special officers. SEC. 62. Be it further enacted, That this Act shall not be construed to repeal any ordinance now existing, or any law now in operation in said city, except the charter thereof, unless the provisions of such by-laws are in conflict with this charter. All ordinances of said city now in existence shall stand unless the same are in conflict with the provisions of this charter. Existing laws. SEC. 63. Be it further enacted, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 21, 1906. Page 1089 TIFTON, CITY OF, CHARTER AMENDED. No. 412. An Act to amend section thirty (30) of the charter of the city of Tifton, Georgia, as embodied in the Act approved December 17, 1902, so that members of the city council shall no longer be eligible to membership on the board of tax-assessors of 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 from and after the passage of this Act section thirty (30) of the charter of the city of Tifton, as embodied in the Act approved December 17, 1902, be and the same is hereby amended by striking from the sixth line thereof the word may, and inserting in lieu thereof the words, shall not, and by striking from the seventh line thereof, after the words city council, the following: Or from among other persons and; so that the amended paragraph of said section shall read as follows: Said tax-assessors shall not be elected from among the members of the city council; 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. Tifton, city of. Tax-assessors; vacancies. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 9, 1906. TIFTON, CITY OF, CHARTER AMENDED. No. 420. An Act to amend the charter of the city of Tifton as embodied in an Act approved December 17, 1902, by striking from the sections of such charter the word Berrien, and inserting in lieu thereof the word Tift, 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 Page 1090 from and after the passage of this Act the charter of the city of Tifton as embodied in an Act approved December 17, 1902, be and the same is hereby amended by striking from section 1, line 4; section 1, line 47; section 9, line 7; section 11, line 12; section 12, line 5; section 13, lines 5 and 8; section 23, line 15; section 29, line 6; section 34, line 24; section 38, lines 4 and 8; section 49, line 3; section 67, line 3; section 68, line 48, the word Berrien, and inserting in lieu thereof the word Tift; it being the intent of this Act that all of the provisions of the charter of the city of Tifton, Berrien county, Georgia, approved December 17, 1902, except as herein provided, shall be of force and applicable to the city of Tifton, Tift county. Tifton, city of, charter amended by striking the word Berrien and inserting the word Tift. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 9, 1906. TIFTON, CITY OF, CHARTER AMENDED. No. 386. An Act to amend section sixty (60) of the charter of the city of Tifton, Georgia, as embodied in the Act approved December 17, 1902, by changing the limitation on the aggregate of bond issues therein fixed, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act section sixty (60) of the charter of the city of Tifton, as embodied in the Act approved December 17, 1902, be and the same is hereby amended by striking from the fourth and fifth lines thereof the words the sum of fifty thousand dollars; and the figures $50,000, and inserting in lieu thereof the words seven per centum of the assessed value of all the taxable property in said city, so that said section when amended shall read as follows: Be it further enacted, That said mayor and council shall have power and authority to issue bonds of said city in such sums and at such times as they shall see proper, not to exceed in the aggregate, at any time, seven per centum of the assessed value of all the taxable property in said city. Tifton, city of. 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. Approved August 1, 1906. Page 1091 TOOMSBORO, TOWN OF, CHARTER AMENDED. No. 495. An Act to amend an Act entitled An Act to incorporate the town of Toomsboro, in the county of Wilkinson, approved August 15, 1904, and for other purposes. SECTION 1. Be it [Illegible Text] 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 section 2 of said Act be stricken and the following be substituted in lieu thereof, and the same to be known as section 2, to wit: Be it further enacted by the aforesaid authority, That the corporate limits of said town of Toomsboro shall be as follows: Beginning at the run of Commissioners creek at the public bridge near Cannon's old mill, running down said creek in an easterly direction until it comes to the first treastle where the Central of Georgia Railway Company crosses said creek, thence south along the old line until it reaches the branch, thence southwest to a point on the land line between the lands of Mrs. I. O. Hall and Mr. J. M. Boone, being 150 yards from where the public road leading from Toomsboro to Dublin crosses said line, thence along said original line west to the corner of the Jim Duggan lot, thence around the line of said lot until it comes back to said original line, thence along said line running a westerly course until it reaches Commissioners creek, thence down the run of said creek to the starting point at the public bridge. Toomsboro, town of, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That the words second Saturday in September, 1904, and annually between the words the in the first line and thereafter in second line of section 5 of said Act, page 675, be stricken and the following words be substituted in lieu thereof: First Wednesday in January, 1907, and biennially, so when said section shall be amended it will read as follows: Be it further enacted, That on the first Wednesday in January, 1907, and biennially thereafter on the same day and in the same month an election shall be held in said town for a mayor and councilmen thereof, said election to be under such supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. Elections for mayor and councilmen. SEC. 3. Be it further enacted by the authority aforesaid, That Page 1092 a new section to be known as section seventeen be added to said Act, and said section to read as follows: Section 17. Be it further enacted, That the board of councilmen shall have power and authority to levy and collect a per capita tax for working the streets in said town on all male inhabitants thereof between the ages of sixteen and fifty, said tax not to be less than two dollars per annum on each such inhabitant as aforesaid; also to levy and collect a special tax of 2 1-2 per cent. on the valuation of all real estate abutting upon any street petitioned to be laid off and when so laid off or for improving any sidewalk or building sewers or cutting any ditch for drainage, etc. Any real estate abutting on said sidewalk, sewers or ditch shall be liable for this special tax. Street tax. SEC. 4. Be it further enacted, That section 17 of said Act be known and numbered as section 18. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. TY TY, TOWN OF, INCORPORATED. No. 638. An Act to incorporate the town of Ty Ty, in the county of Tift, State of Georgia; to define the corporate limits thereof; to provide for a mayor and council and other officers; to prescribe their duties; to provide municipal government for said town; to confer certain powers and privileges on same; to provide for the enactment of all necessary ordinances; to provide for penalties for violation of same; to provide for a system of revenue, by taxation or otherwise; to provide for streets and sidewalks, and the working or paving of same; to declare and define the police powers of said town; to provide for the condemnation of private, public or semi-public property for the use of said town, and to define a method of arriving at the value of such property and compensating the owner therefor; to provide for the granting of licenses for all kinds of business, trades, callings or professions; to authorize the town of Ty Ty to establish and maintain a public-school system; to grant a charter to said town under the corporate name of the Town of Ty Ty, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State Page 1093 of Georgia, and it is hereby enacted by the authority of the same, That the town of Ty Ty, in the county of Tift, be, and the same is, hereby incorporated as a town under the name of the Town of Ty Ty. Ty Ty, town of, incorporated. SEC. 2. Be it further enacted by the aforesaid authority, That the corporate limits of said town shall extend one mile in every direction from the present site of the depot of the Atlantic Coast Line Railway at Ty Ty, 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 Ty Ty, 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 the courts of this State, or of the United States, and be able in law to purchase, hold, receive, enjoy, preserve and retain for the use and benefit of said town of Ty Ty 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. Mayor and councilmen, 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, 1906, to serve as such for the remainder of the year 1906, and until the first day of January, 1908; that on the first Tuesday in November, 1907, another election shall be held for the election of mayor and councilmen, and annually thereafter on the same date there shall be held in said town of Ty Ty an election for the election of said officers, who shall hold their offices for the term of one year, or until their successors are elected and qualified. At the first election all persons residing within the corporate limits of said town for ninety days prior to said election, who shall 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 them by law, shall be qualified electors. Elections for mayor and councilmen. SEC. 5. Be it further enacted, That such election shall be conducted Page 1094 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 o'clock a. m. and close at 3 o'clock p. m. After the first election under the 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, and we will not 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. Election managers. SEC. 6. Be it further enacted, That in the event the office of 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 conspicuous 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 Page 1095 authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor or councilman (as the case may be) of the town of Ty Ty 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 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 Ty Ty to the best of my ability and understanding; so help me God, which said oath shall be entered on the records of the town. Mayor pro tem and subordinate 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 sheriff's sales in this State, only that said property shall be advertised only by posting a notice of said sale in one conspicuous place; provided, there is no newspaper in said town; 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. Executions, how levied, etc. 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 Ty Ty, 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 Page 1096 Tift county six months, and that on the first Tuesday in November next I will have been a bona fide resident of the town of Ty Ty 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 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 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 shall have resided in the town of Ty Ty six months previous to the election. Eligibility. SEC. 13. Be it further enacted, That the mayor and 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; the compensation for mayor and councilmen for their services shall be fixed by their predecessors in office and not by themselves ( provided, however, that this does not apply to the officers elected and who serve the first term), and in no case shall exceed one hundred dollars per annum for 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 by fine or imprisonment, or both; provided, however, that no fine shall be imposed exceeding one hundred dollars, and no term of imprisonment exceeding sixty days. No ordinance shall be passed which conflicts with the laws and Constitution of the United States or the State of Georgia. Legislative powers of council. SEC. 15. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the town government and for a public-school system, the mayor and town council of Ty Ty 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 Page 1097 corporate limits of said town to defray annual expenses and said public-school system (the latter to lie within the discretion of said mayor and council), said tax not to exceed one per cent. and shall have the right to supervise and revise the returns of both real and personal property, and to double-tax all persons failing or refusing to make returns of their property. Ad valorem tax. SEC. 16. Be it further enacted, That the mayor and council of Ty Ty shall have the power and authority to license, regulate and control all hotels, restaurants, boarding-houses, livery-stables, hacks, drays and all 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 hereinbefore 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 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 for taxes, etc. SEC. 18. Be it further enacted, That the mayor and council of Ty Ty 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 of the State; 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 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 continuance in the corporate 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 1098 SEC. 19. Be it further enacted, That the mayor and council shall have power and authority to pass and enforce any ordinances and regulations providing for the arrest, trial and punishment of any offenders against the charter and by-laws of said town by fine, imprisonment or work on the streets, one or more of said punishments. Punitive powers of council. SEC. 20. Be it further enacted, That the mayor shall be the chief executive 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 contempt; to admit any offender to bail, or to commit to the guardhouse or county jail. He shall have power to issue executions for all fines, penalties and cost imposed by him. Mayor, powers of. SEC. 21. Be it further enacted, That the mayor and council shall have exclusive control of the streets and alleys of said town and shall have power and authority to make any person obstructing any street or alley to [Illegible Text] such obstruction at his or her expense and to declare and abate all nuisances. Streets, etc. SEC. 22. 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 as the mayor. Mayor's court. SEC. 23. 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 the board, as now provided by law upon a compliance with the laws relative thereto. Appeals. SEC. 24. Be it further enacted, That the 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. Forfeiture of bail bonds. SEC. 25. 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 town pending before the body as they may deem proper, and to make such Page 1099 preliminary rules for the government of the body as to insure the enforcement of the provisions of this charter. General powers of council. SEC. 26. 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 guardhouse or county jail to await trial; to execute all processes and orders of said town and discharge any duties imposed upon him by the laws and ordinances of said town. Arrests. SEC. 27. 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 term of office, and prescribe their salaries. Clerk and treasurer. SEC. 28. Be it further enacted, That the mayor and council of said town shall have power and authority to open, lay out widen, straighten or otherwise change the streets, alleys or lanes of said town, and shall have power to lay off, vacate, close up, alter, open, curb, pave or drain the roads, streets, bridges, alleys, sidewalks, crossroads, crosswalks, drains or gutters for the use of the public or any citizen of said town; to grant rights of way to railroads, waterworks, gas-works, electric light, telephone or telegraph wires or lines through the streets and alleys of said town upon such terms and conditions and restrictions as said mayor and council may prescribe. Whenever said mayor and council in the exercise of the authority herein conferred, to open, lay out, straighten, widen or otherwise extend or change any of the streets or alleys of said town, shall find it necessary to take private property for such purpose and they can not agree with the owner or owners thereof, they may take such private property upon the following terms and conditions: Streets, etc. SEC. 29. Said mayor and council shall cause to be served upon the owner or owners, or his or their agent, written notice of their intention to condemn such property, which notice must describe the property sought to be condemned, the purpose for which it is 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 of property. SEC. 30. It shall be the duty of the mayor and council to appoint one freeholder of said town 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 one freeholder, then the mayor and council shall appoint a second freeholder, Page 1100 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 town 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 a third freeholder. Damages, how assessed. SEC. 31. 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 Tift county. The mayor and council may after payment or tender of payment to the owner or owners, or his or their agent, of the sum found by the assessors, proceed to open, lay out, straighten or otherwise change such street, road, alley or lane, pending an appeal of the owner or owners of any land sought to be condemned for such purpose. Appeals. SEC. 32. 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 taxable property of said town for the purpose of establishing and maintaining a system of public schools in said town, said fund not to be used for any other purpose; but before said public-school system shall be adopted, it shall be submitted to the qualified voters of said town, for which purpose the mayor and council are authorized, whenever they may deem expedient, to order an election, of which thirty days' notice shall be given by three written or printed notices posted in three public and conspicuous places in said town, to be held under the same rules and regulations as are elections for mayor and council in said town, and the qualifications of voters shall be the same. Those favoring a public-school system shall have written or printed on their ballots the words For public schools, and those opposed to public schools shall have written or printed on their ballots the words Against public schools, and if two-thirds of the ballots cast in such election be for public schools, this section and those following on the same subject shall immediately become operative in said town. Should the election provided for in this section be against public schools, the mayor and council shall not call another election for the same purpose until a calendar year has elapsed, but said mayor and council may call another election Page 1101 and other elections, same being at least a year apart, until this section is adopted. School tax. SEC. 33. Be it further enacted, That should a system of public schools be established in said town, 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 town to constitute a board of education for said town. The mayor or any member of council shall be eligible as a member of the said board of education. The said board of education shall be elected annually on the first meeting night in January, and shall hold their offices until their successors are elected and qualified, except that said board of education may, at their first election, be elected as soon after the adoption of a system of public schools as practicable, said board of education to hold office until the succeeding first meeting night in January, as above provided. Board of education. SEC. 24. 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 town, to appoint or select a superintendent and select teachers for the same; to suspend or remove such superintendent or teacher, to fix the compensation of teachers and superintendent, to provide school-houses by rent, building, purchase or otherwise, but the title to all school property shall be and remain in the town of Ty Ty; to make rules and regulations for the government of themselves and said schools as they may see proper and not in conflict with the laws of the State. No white child shall be admitted into any school established by said board for colored children, and no colored child shall be admitted into any school established by said board for white children. All children who are entitled to the benefits of public schools under the laws of this State and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said town, shall be admitted in said schools upon the payment of such incidental fee only as said board may deem necessary. Children of non-residents and such others as may be entitled to the benefits of these schools shall be admitted upon such terms as may be prescribed by said board of education, not in conflict with the laws of the State; that when said public-school system has been adopted in said town, it shall be the duty of said board of education to have prepared and to furnish the State School Commissioner immediately on the passage of this Act and its adoption at an election as hereinbefore specified, and annually thereafter by the first day of December in each year, a list or census of pupils residing in the said town entitled to the school fund, in which shall be included those pupils Page 1102 residing outside of the town, but who attend the town schools, and it shall be the duty of the State School Commissioner to pay to the clerk and treasurer of the town of Ty Ty such portion of the public, school fund as its number of pupils, as above defined, entitles it to. Powers of board of education. SEC. 35. Be it further enacted, That when said public-school system is adopted the board of education of said town 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 out only on the order of said board of education. School tax. SEC. 36. Be it further enacted, That after said public-school system has been adopted by said town of Ty Ty, the educational authorities of Tift county shall not grant any license to nor contract with any person or persons to teach any 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 the public schools contemplated by this Act after it shall have been adopted. Pro rata share of State school fund. 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. Approved August 21, 1906. TY TY, TOWN OF, CHARTER REPEALED. No. 637. An Act to repeal an Act approved August 28, 1883, chartering the town of Ty Ty, incorporating the same as the mayor and council of Ty Ty, and constituting the present charter of the town of Ty Ty, in formerly Worth now Tift county, Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 28, 1883, chartering the town of Ty Ty be, and the same is, hereby repealed. Ty Ty, town of, charter repealed. SEC. 2. Be it further enacted, That this Act shall become operative when a bill entitled Ty Ty, town of, incorporated, etc., shall have been approved by the Governor of the State of Georgia. Page 1103 SEC. 3. Be it further enacted, That all other Acts and parts of Acts in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. VALDOSTA, CITY OF, CHARTER AMENDED. No. 364. An Act to amend the charter of the city of Valdosta, so as to authorize and empower the mayor and council of the city of Valdosta to close Florida avenue in the city of Valdosta on certain terms and conditions, and for other purposes. WHEREAS, The mayor and council of the city of Valdosta authorized the Atlantic, Valdosta and Western Railway Company to occupy Florida avenue with its railroad tracks for the purpose of reaching its freight and passenger depot; and Valdosta, city of. WHEREAS, The Georgia Southern and Florida Railway Company purchased the property of the Atlantic, Valdosta and Western Railway Company and all its rights, franchises, etc.; and Passenger depot of Ga. S. F. R'y Co. on Florida avenue. WHEREAS, The city of Valdosta has applied to the Georgia Southern and Florida Railway Company to improve the passenger depot in the city of Valdosta, which is impracticable unless the mayor and council of the city of Valdosta will authorize the closing of Florida avenue on such terms and conditions as may be agreed upon between the city of Valdosta and the said Georgia Southern and Florida Railway Company; and WHEREAS, The public interest of the city of Valdosta will be conserved by the erection of new passenger facilities on Florida avenue; therefore, SECTION 1. Be it enacted by the Senate and House of Representatives in General Assembly convened, That the Act establishing the charter of the city of Valdosta, approved November 21, 1901, be amended as follows: The mayor and council of the city of Valdosta are hereby authorized and empowered to close Florida avenue, a street in the city of Valdosta, from the east side of Dasher's lane, or Lee street, to the west side of Briggs street, leaving a sidewalk on the south side of that portion of Florida avenue, hereby authorized to be closed, of the width of eight feet, on such terms and conditions as may be agreed upon by the mayor and council of the city of Valdosta Page 1104 with the Georgia Southern and Florida Railway Company; provided, the consent of the owners of the property adjoining that portion of Florida avenue, hereby authorized to be closed, is procured. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 27, 1906. VIDALIA, CITY OF, PUBLIC-SCHOOL SYSTEM. No. 600. An Act to provide for a system of public schools for the city of Vidalia, in Toombs county; to provide by a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a board of education, to conduct the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, that there shall be established, conducted, maintained, supported and provided for by local taxation, and otherwise in the manner herein provided in this Act, a system of public schools in and for the city of Vidalia, Toombs county, Georgia. Vidalia, city of, public school system. SEC. 2. Be it further enacted, That W. F. Peacock, W. T. Jenkins, B. B. Wiggs, Geo. N. Matthews, R. B. Holmes, J. W. Poe, Dennis Durden, W. J. Poe, J. E. Schumpert, J. W. Matthews and S. A. McColsky are hereby created a board of education for the city of Vidalia. They shall hold their offices until their successors are hereinafter elected and qualified as hereinafter provided. They and their successors in office shall have the power to acquire property, personal and real, by purchase, donation and otherwise, and hold the same in trust for the said city of Vidalia, with the right to sue and the liability of being sued. Said board of education shall, at their first meeting after the passage of this Act, fix the term of office of each member, so that three shall hold for four years, three for three years, three for two years, and three for one year. Upon expiration of the term of any of said board of education, his successors shall be elected by the mayor and council of said town for the term of four years. Three members of said board shall be elected annually as their term of office expire. If a vacancy happens by resignation or otherwise, said board shall fill said vacancy by Page 1105 appointment for the remainder of the unexpired term. No one shall be eligible to office of member of said board under this Act who is not a citizen of said town, who is not twenty-one years old, and who is not a qualified voter. Board of education. SEC. 3. Be it further enacted, That the officers of the board of education shall be a president, vice-president and secretary and treasurer, and such other officers as the board may deem advisable. The secretary and treasurer of said board shall, before entering upon the discharge of the duties of his office, take and subscribe an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be fixed by the board to faithfully account for all moneys coming into his hands as such officer; which said bond shall be made payable to the said board of education, and 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 city. Said secretary and treasurer shall pay out no moneys except by orders of the board. Officers of board. SEC. 4. Be it further enacted, That the said board of education shall have the power, and it is hereby made the duty of said board, to speedily devise, design and establish under this Act a system of public schools as they see fit for the whites, and also for the blacks, of said city, and which for the two races shall be entirely distinct and separate from each other, and not more than one school for each race unless the said board of education shall, at a regular meeting, order more than one, and in this have the concurrence of the mayor and council of the city of Vidalia. System of public schools. SEC. 5. Be it further enacted, That the said board of education shall keep full and accurate minutes of the meetings of said board, which shall at all times be subject to the inspection of the mayor and council of the city of Vidalia or any other citizen of the city. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books of the courses above the regular curriculum prescribed by the State board to be in said schools; shall elect and employ teachers for said schools, and a superintendent for said schools; they shall fix the school terms and the time of beginning and closing of said schools; they shall have the right to remove or suspend such teachers and superintendent whenever, in the discretion of the members of said board, they may deem such action to be for the interest of said schools, and their action in so doing shall be conclusive in all cases and not subject to review by any body or court; they shall fix the compensation of teachers Page 1106 and superintendent and pay the same; they shall make such by-laws for the government of said board and for the control of said teachers and schools as may be deemed fit and proper when the same are not in conflict with the laws of this State; they may provide grades in said school and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do all and any other acts which they may deem best to promote the best educational interests of said city and not in conflict with State laws. Duties and powers of board. SEC. 6. Be it further enacted, That said board is authorized and empowered to receive, hold, apply, sell and expend any donation, gift or bequest of property of any kind, real and personal, made to said board for the benefit of the schools of said city. School property. SEC. 7. Be it further enacted, That the said board shall out of the funds going into their hands provide schoolhouses, by renting or purchasing suitable buildings, and shall properly furnish the same for school purposes; the title of all such property shall be in the city of Vidalia. School buildings. SEC. 8. Be it further enacted, 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 all expenditures made by them; these accounts shall at all times be open to inspection of the mayor and council of the city of Vidalia, or of any citizen of said city. The members of said board shall be personally liable to the corporation of the city of Vidalia for all moneys paid over to the said board for the use of said public schools, and by said board appropriated for any other purpose. Receipts and disbursements SEC. 9. Be it further enacted, That said board shall annually make reports to the mayor and council of the city of Vidalia in writing of the condition of said schools and shall accompany said report with a full and itemized statement of all moneys received and expended by said board, and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing school year, and like report shall be furnished at any time by said board to the said mayor and council of said city. Reports of board. SEC. 10. Be it further enacted, That the terms of office of the officers of said board shall be fixed by the by-laws of the board, and no officer shall have any compensation for their services except the secretary and treasurer, whose compensation shall be fixed by the board prior to his election and qualification, not to exceed, however, one hundred dollars per annum, and he shall give bond in the sum of $5,000, payable to the city. Tenure and compensation of officers. SEC. 11. Be it further enacted, That the public schools herein Page 1107 provided for shall run for a period of not less than five nor more than ten scholastic months in the year. School terms. SEC. 12. Be it further enacted, That if the election herein provided for shall be in favor of public schools, then the mayor and council of the said city of Vidalia shall be authorized to assess, levy and collect a tax, in addition to that now provided by law, not to exceed two-fifths of one per cent. per annum, on all the taxable property of said town, which shall be used solely and exclusively for the purpose of establishing and maintaining said schools, and providing furniture, apparatus and buildings for said schools; and the proceeds that arise from the grant of the use of the auditorium of the present school building shall be used in like manner. This tax shall be collected by the first day of January of each year after the same is assessed and levied, in like manner as other taxes are collected, and shall be turned over to said board of education to be used for the purposes aforesaid, and no other; provided, however, that the provisions of this Act shall not go into full effect until said supplementary tax herein provided for shall have been levied and collected. School tax. SEC. 13. Be it further enacted, That all school-children between the ages of six and eighteen years who are bona-fide residents of said city 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 study as is now provided by law in the public schools in the several counties of the State, but the board in their discretion may require children living outside the limits of said city to pay tuition for and during the school term provided. All such tuition charges shall become a part of the fund for the maintenance of said public-school system, and must be so used and accounted for as shall likewise any other fees. School children. SEC. 14. Be it further enacted, That moneys arising from, furnished or collected by the corporation of the city of Vidalia under this Act for the establishment, maintenance and support of the said public schools, shall be paid over to the treasurer of the Vidalia board of education. Custodian of school fund. SEC. 15. Be it further enacted, That the board of education of Toombs county shall not establish or open any school within the corporate limits of said city of Vidalia but the said system to be a part of the county system of Toombs county, as herein provided, though the management of said system to be under the board of education of the city of Vidalia. Other public schools. SEC. 16. Be it further enacted. That the county school commissioner Page 1108 of Toombs county, Georgia, shall pay over to the board of education of Vidalia the pro rata share of the State and county school funds to which said city is entitled, according to the number of children of school age residing within the corporate limits of said city, increased by the number of children of school age residing without the corporate limits of Vidalia who attend said schools. For each child of school age residing within the corporate limits, and for each child of school age residing without the corporate limits, but attending said public schools of Vidalia, the city of Vidalia is entitled to receive, for each year, that amount apportioned from the State school fund for each child of school age residing in the county of Toombs. Pro rata share of State and county school fund. SEC. 17. Be it further enacted, That before this Act shall become operative and go into effect, it shall be submitted to the qualified voters of the said city of Vidalia to determine whether or not said public schools shall be established and maintained, and to this end the mayor and council shall within thirty days from the passage of this Act, or as soon thereafter as practicable, order an election in conformity with the provisions of article 8, section 4, paragraph 1 of the Constitution of this State, on the question of local taxation to establish the said system of public schools, of which election four weeks' notice shall be given, signed by the mayor and clerk of council, and published in the newspaper designated as the official organ of the city of Vidalia, and also posted in three or more public places in said city in addition to this newspaper advertisement. Said election shall be held at the council chamber of said city under the same rules and regulations as do apply to the election of mayor and two councilmen in said town. Those in favor of public schools and local taxation therefor shall have written or printed on their tickets For public schools, and those opposed shall have written or printed on their tickets Against public schools. The managers of said election shall make returns of the result of said election by ten o'clock, forenoon, on the day succeeding the election, or as soon thereafter as practicable, acting upon said returns and declaring the result thereof, which results shall be entered upon the minutes of said council. If two-thirds of the voters of said city shall, by the number of votes cast at the last general election for mayor and council of the city, be For public schools, then this Act shall take effect immediately, and the mayor and city council shall immediately proceed to carry into effect by assessing, levying and collecting taxes, electing a board of education, and doing all those things herein required of them for the establishment of said schools. Shall this Act fail of adoption at said election the Page 1109 mayor and council may submit the same to another election under the same rules, regulations and qualifications after the expiration of six months, and so continue to submit it until the same is favorable to the adoption of the Act; provided, elections shall not be had therefor oftener than once in six months; and it shall be the duty of the mayor and town council to order an election on the written request of twenty-five freeholders of said town until the result is for public schools. Ratification of this Act. SEC. 18. Be it further enacted, That in the case of the breaking out of any epidemic or contagious disease the board shall have the right and power to stop and prevent any child that has been exposed to or liable to contract it from attendance on said schools for such a time as said board shall deem prudent and safe. Contagious diseases. SEC. 19. Be it further enacted, That all assessments and taxes, and all funds arising from or collected under this Act, shall be by the corporate authorities of the city of Vidalia kept separate and distinct from the collections and assessments of said city, and are to be used solely for the purposes herein designated; and the mayor and council shall keep a separate, full and distinct itemized account showing all monyes raised and received, when and how and from whom, and the disposition of the same, when and for what purposes paid. School fund. SEC. 20. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. VIDALIA, CITY OF, INCORPORATED. No. 621. An Act entitled An Act to abolish the charter of the town of Vidalia, in the county of Montgomery; to incorporate the city of Vidalia, in th county of Montgomery; to prescribe its limits; to provide for a mayor and councilmen, and to prescribe their powers and duties, and for other purposes, approved December 18, 1902, so as to extend the corporate limits of the said city of Vidalia, 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 an Act entitled An Act to abolish the town of Vidalia, in the county of Montgomery; to incorporate the city of Vidalia, in the county of Page 1110 Montgomery, and to prescribe its limits; provide for a mayor and councilmen, and prescribe their powers and duties, and for other purposes, approved December 18, 1902, be amended by striking all of section 3 of said Act and insert in lieu thereof the following words: That the center of the city of Vidalia shall be a point in the center of the main line of the Seaboard Air Line Railway, and in the center of Morris street, where the same intersects the said main line of said railway in the said city of Vidalia, and that the territorial limits of the city of Vidalia shall include all the territory within the following bounds: Beginning at a point three-fourths of a mile east of a point in the center of the main line of the Seaboard Air Line Railway and in the center of Morris street, where the same intersects with said railway in the city of Vidalia, and extending north three-fourths of a mile; thence west one and one-half miles; thence south one and one-half miles; thence east one and one-half miles; thence north three-fourths of a mile to the point of beginning; so that said section, when amended, shall read as follows: Vidalia, city of. Corporate limits. Sec 3. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the center of the city of Vidalia shall be a point in the center of the main line of the Seaboard Air Line Railway and in the center of Morris street where the same intersects with the main line of said railway in said city of Vidalia, and that the territorial limits of the city of Vidalia shall include all the territory within the following bounds: Beginning at a point three-fourths of a mile east of a point in the center of the main line of the Seaboard Air Line Railway, and in the center of Morris street where the same intersects the said railway in the city of Vidalia, and extending north three-fourths of a mile; thence west one and one-half miles; thence south one and one-half miles; thence east one and one-half miles; thence north three-fourths of a mile to the point of beginning. SEC. 2. Be it further enacted by the authority aforesaid, That all rights, powrs, privileges, immunities and authority whatsoever now vested in and possessed and enjoyed by said city of Vidalia under its present charter, be, and they are, hereby extended so as to embrace and cover the territory embraced in the corporate limits of said city amended. Jurisdiction over territory added. SEC. 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 1111 VIENNA, CITY OF, CHARTER AMENDED. No. 494. An Act to amend the charter of the city of Vienna, so as to require the mayor and city council of said city to fix water rates for all private consumers and apply the funds so raised to the maintenance of the water plant of the city of Vienna, and prohibit the mayor and council of said city from levying any more tax on the property within said city than is necessary to main tain said water plant, after applying the amount raised for water rents, and for other purposes. SECTION 1. Be it enacted by the General Assembly, That the charter of the city of Vienna be amended as follows: The mayor and council of the city of Vienna shall in each year prescribe a reasonable rate for water rent for the use of water furnished by the city to private consumers, and shall apply the funds so raised to the maintenance of the water plant of the city of Vienna; and the mayor and council of said city shall not levy a tax on property within said city, except so much as may be necessary, together with the water rents of each year, to pay the expense of maintaining the said plant. Vienna, city of, waterrates SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1906. VIENNA, CITY OF, CHARTER AMENDED. No. 428. An Act to amend the first section of an Act approved August 22, 1905, amending the charter of the city of Vienna, approved December 10, 1901, so as to authorize the authorities of said city of Vienna to establish, equip and maintain an electric light plant, improve the streets and build a system of sewerage in said city; to provide revenue for the equipment and maintenance of said light plant, improvement of the streets and construction of a system of sewerage in said city, and to authorize the issuing of bonds of said city therefor. SECTION 1. Be it enacted by the General Assembly of the State Page 1112 of Georgia, and it is hereby enacted by the authority of the same, That section one of an Act approved August 22, 1905, amending the Act incorporating the city of Vienna, be amended by striking out the word and in the twenty-second line of said section, as it appears between the word buildings and the word improving, and by adding at the end of said section the words following: establishing, equipping and maintaining an electric light plant, improving the streets and building a system of sewerage in said city of Vienna, 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 the 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, 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 times 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 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, improving the system of waterworks in aforesaid city, establishing, equipping and maintaining an electric light plant, improving the streets and building a system of sewerage in said city of Vienna. Vienna, city of. Electric lights. School 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. Approved August 14, 1906. Page 1113 WARRENTON, TOWN OF, CHARTER AMENDED. No. 565. An Act to authorize the mayor and council of the town of Warrenton, Georgia, to pave the sidewalks in front of the business houses of the town of Warrenton, and to construct and improve the sidewalks on all the streets of said town, and to collect the cost thereof out of the real estate abutting on the sidewalk so constructed, or 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 the same, That the mayor and council of Warrenton, Georgia, shall have full power and authority, in their discretion, to pave all sidewalks in front of all the business houses in the town of Warrenton, Georgia, and within the fire limits of said town only. Warrenton, town of, sidewalks. SEC. 2. Be it further enacted, That in order to carry into effect the power above delegated, said mayor and council shall have full power to assess the cost of paving the sidewalks above stated, including all necessary curbing, on the real estate abutting on the sidewalks so paved or otherwise improved. Cost of paving. SEC. 3. Be it further enacted, That no assessment shall be made under the foregoing section for paving in front of the business houses and within the fire limits of said town until after thirty days' notice has been given to the property owners abutting on the sidewalks to be paved, to do the paving himself; which notice shall state the kind of material required for such paving; and no such paving shall be made on said sidewalk except as a continuation of similar work already done or hereafter to be done, before the business houses of said town and within the fire limits of the same. Whenever a sidewalk is paved under this Act, the material to be used, and the character of the work done, and all similar questions, shall be wholly within the discretion of the mayor and council of the town of Warrenton. Notice to property owners. SEC. 4. Be it further enacted, That the mayor and council of the town of Warrenton shall have full power and authority, in their discretion, to construct and improve all the sidewalks on all the streets of said town, whether within the fire limits or outside of the fire limits, and whether before the business houses or residences, or vacant property, and to assess the cost of such construction or improvements upon the owners of the property abutting on the sidewalk so constructed or improved, as in other Page 1114 cases. But this shall not include the casual and ordinary repairs necessary to be made from time to time on sidewalks already constructed to keep them in order. Nor shall this section of this Act go into effect until the same has been ratified by a two-thirds vote of the qualified voters of said town of Warrenton, at an election called by the mayor and council of said town for that purpose, on thirty days' notice at three or more public places in said town, including the court-house door, which notice shall also be published for thirty days in the newspaper in said county where the sheriff's advertisements are published. Said election shall be held as other elections are held in and for said town. Sidewalks, improvement of. SEC. 5. Be it further enacted, That in order to carry into effect the power above delegated in section four, as provided therein, said mayor and council shall have full power and authority to assess the cost of constructing or improving, including all necessary curbing, on the real estate abutting on the sidewalks so constructed or improved. Assessments on abutting property. SEC. 6. Be it further enacted, That no sidewalk shall be constructed or improved under this Act, as provided for, outside of the business portion of said town, except as a continuation of similar work already done or hereafter to be done. Extension of sidewalks. SEC. 7. Be it further enacted, That the amount of each assessment, whether for paving before the business houses as contemplated in this Act, or whether for constructing or improving outside of the business portion of said town, after the same has been ratified by a vote of the people, as contemplated in this Act, shall be a lien on the real estate abutting on the sidewalk so paved, constructed or improved, from the date of the passage of the ordinance providing for the work and making such assessment. The amount of each assessment under any of the provisions of this Act shall be a lien on the real estate so assessed from the time the work is done, and an execution may be issued against the real estate so assessed, and against the owner thereof, at the time of paving, constructing or improving was done, which execution may be levied by the marshal of said town, and after advertising and other proceedings, as in cases of sales for taxes due the said town of Warrenton, the same may be sold at public outcry to the highest bidder, and such sales shall be conducted in the same manner as sales for taxes by municipal corporations in this State, and shall be subject to the right of redemption and purchase by the municipality, under the same manner set forth in an Act entitled An Act to provide for the manner of tax sales by municipal corporations in this State, and for other purposes, approved February 27, 1877; provided, that the defendant shall have the Page 1115 right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, and stating what 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 superior court of Warren county, and shall be there tried and the issue determined as in cases of illegality, and subject to all the pains and penalties provided in cases of illegality for delay. The deeds made to the purchasers by the said marshal under the provisions of this Act shall be just as valid to the parties as if made under ordinary processes of law issuing from a superior court. Liens for improvements. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. WAYCROSS, CITY OF, CHARTER AMENDED. No. 682. An Act to authorize the mayor and council of the city of Waycross to close up and deed to the adjoining land owners Parker street, in the city of Waycross, from Mary street to Elizabeth street, and from Jane street to Elizabeth street, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Waycross be, and they are, hereby authorized to close up and deed to the adjoining landowners Parker street, in the city of Waycross, from Mary street to Elizabeth street, and from Jane street to Elizabeth street; that is, they are authorized and empowered to deed the east half of said street to the land-owners adjoining said street on the east, and the west side of said street to the land-owners adjoining said street on the west of the same, for such consideration as may be fixed by the board of tax assessors of the city of Waycross. Waycross, city of. Parker street. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. Page 1116 WEST POINT, CITY OF, CHARTER AMENDED. No. 606. An Act to repeal an Act approved August 13, 1904, entitled An Act to amend an Act entitled `An Act to authorize the city of West Point, in Troup county, to organize a public school system of the State of Georgia,' and for other purposes, approved February 7, 1877, by providing how the proportion of the public school money due this system shall be paid, 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 August 13, 1904, entitled An Act to amend an Act to authorize the city of West Point, in Troup county, to organize a public school system independent of the public school system of the State of Georgia, and for other purposes, approved February 7, 1877, by providing how the public school money due this system shall be paid, and for other purposes, is hereby repealed. West Point, city of. Public school fund. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. WINDER, CITY OF, INCORPORATED. No. 640. An Act to amend An Act to repeal an Act incorporating the town of Jug Tavern, in the counties of Jackson, Walton and Gwinnett, approved December 24, 1884, and reincorporate said town under the name of the city of Winder; to extend the former corporate limits of said town; to grant a new charter to said city of Winder; to provide for the election of a mayor and council; to prescribe their powers and duties; to authorize the mayor and council of said city to issue bonds for the establishment of public schools, for waterworks, and for other purposes, approved December 20; 1893, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the Page 1117 State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act section five of the charter of the city of Winder be amended as follows: By striking out the words one year, in line six after the words term of, and inserting in lieu thereof the words two years, and by adding after the words their successors are elected and qualified, in line seven, the words provided, that at the annual election to be held on the first Wednesday in January, 1907, one alderman at large and the aldermen from the first and third wards, respectively, shall be chosen for a term of one year, but thereafter the term of all the aldermen of said city shall be for a term of two years, so that there shall be chosen annually at the time of the regular election two aldermen from the wards, and one alderman at large, the aldermen from the first and third wards, respectively, and the aldermen from the second and fourth wards, respectively, being chosen alternately, so that said section five, when amended, shall read as follows at the points amended, beginning after the words term of in line six: Two years or until their successors are elected and qualified; provided, that at the annual election to be held on the first Wednesday in January, 1907, one alderman at large and the aldermen from the first and third wards, respectively, shall be chosen for a term of one year, but thereafter the term of all the aldermen of said city shall be for a term of two years, so that there shall be chosen annually at the time of the regular election two aldermen from the wards and one alderman at large, the alderman from the first and third wards, respectively, and the aldermen from the second and fourth wards, respectively, being chosen alternately. Winder city of. Elections for aldermen. SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Winder shall have the authority to establish a city chain-gang, to provide by ordinance for the management and control thereof, to place at hard labor therein violators of the several ordinances of said city, to provide that those confined therein shall be clothed in stripes during their term, and to do such other things by ordinance as may be necessary for the proper control and management of the chain-gang and the convicts; provided, that the work done by the convicts shall be done upon the streets of said city, or upon or in the public works of said city of Winder. Chain-gang SEC. 3. Be it further enacted, That the mayor and council of Page 1118 said city of Winder 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 of Winder, on such terms and conditions as said mayor and council may prescribe; provided, that said mayor and council of the city of Winder shall incorporate in every grant of a franchise or easement that the right therein conveyed shall be forfeited unless the grantee shall in good faith accept same and make substantial headway within twelve months toward the use of the franchise or other right granted; provided further, that the said mayor and council shall at all times have the right to declare the franchise forfeited when no use has been made of same by the grantee within one year after the granting thereof; and, provided further, that no franchise or other right herein allowed shall be exclusive in its terms so as to prevent competition. Franchises. SEC. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Winder shall order a primary election to be held on the first Wednesday of November in each year, and shall give notice of the same each year by publishing said notice for ten days next previous to the time when the said primary election is to be held in one of the papers of the city of Winder, at which election the aldermen of the ensuing year to be chosen and the mayor, when an election is to be had for the office of mayor, shall be voted for, and in said primary election all white citizens of said city of Winder, in the several counties therein, who are qualified to vote for the representatives, shall be allowed to participate, provided they have otherwise qualified under the registration laws of the said city of Winder. Primaries to nominate mayor and aldermen. SEC. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That the State School Commissioner is hereby authorized and required to pay to the chairman of the board of education of the city of Winder for the use of the schools therein, under such rules and regulations as the board of education of the city of Winder may prescribe, the just and full proportion of the common school fund arising from any and all sources, belonging to or due said city of Winder, to be by said board of education of the city of Winder expended under the rules established by said board of education in the maintenance of the public schools of said city of Winder. Pro rata share of State school fund. SEC. 6. Be it further enacted by the authority aforesaid, and Page 1119 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. Approved August 20, 1906. WINSTON, TOWN OF, INCORPORATED. No. 615. An Act to incorporate the town of Winston, in the county of Douglas to provide for a mayor and council, prescribe their powers and duties; to define the corporate limits of said town, and for other purposes. SECTION 1. Be it further 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 the town of Winston, in the county of Douglas, be, and is, hereby incorporated as a town, under the name of Winston. Winston, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the said town of Winston shall be as follows: Extend in every direction the distance of one-half mile from the forks of public road near the old residence of Mrs. Easter Enterkin, in said town. Corporate limits. SEC. 3. Be it further enacted, That the municipal authorities of said town shall be a mayor and four councilmen, who are hereby constituted a body corporate by the name of the town of Winston, 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 the said name shall have perpetual succession. Mayor and councilmen SEC. 4. Be it further enacted, That from and after the passage of this Act that J. J. Kirby, of said town, be, and is, hereby appointed and constituted mayor of said town, and G. W. Enterkin, A. A. McLarty, A. S. Johnson and T. A. Thompson, all of said town, be, and they are, hereby appointed and constituted councilmen of said town; the mayor and councilmen to hold their respective office 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 second Saturday Page 1120 in January, 1907, 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 supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. Elections for mayor and councilmen. SEC. 6. Be it further enacted, That all persons who have been bona fide residents of said town for three months next preceding an election held therein, and who are qualified to vote for members of the General Assembly, shall be allowed to vote at any election held in said town. Electors. SEC. 7. Be it further enacted, That the mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the duties and compensation of such officers, and require of them such bonds as they may deem necessary, payable to such town in its corporate name. Subordinate officers. SEC. 8. Be it further enacted, That the mayor and councilmen, and such officers of said town as herinafter provided for, shall, after election or appointment to his office, and before he shall enter upon his duties thereof, take and subscribe the following oath, which may be administered by any officer authorized by the Code of Georgia to administer oaths: I do solemnly swear, or affirm, that I will faithfully discharge all duties incumbent upon me as mayor or councilmen, or other officer of the town of Winston, according to the best of my ability; so hekp me God. Said oath, with the certificate of the officer administering the same, shall be filed with the officer entrusted with the records of said town. Oath of officers. SEC. 9. Be it further enacted, That the council of said town shall have power therein to lay off, close, open and keep in good order and repair roads, streets and sidewalks for the use of the public or any citizen thereof; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in and about the premises; 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 persons of said town, and to preserve the peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide for the annual assessment of taxable property therein, which in no event shall be greater than one-fourth of one per cent. of the value of the taxable property; Page 1121 to adopt rules for the regulation and government of its own body. The council shall have power to make and pass all needful orders, ordinances and by-laws, not contrary to the Constitution and laws of Georgia, to carry into effect the foregoing enumerated powers, and all others conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonments in the town prison, if there be one, for a term not exceeding twenty days. Corporate 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 for violating the ordinances of said town; provided, that said penalty shall be inflicted as an alternative for failure or refusal to pay the fine imposed for such violations. Work-gangs. SEC. 11. Be it further enacted, That the mayor of said town shall have authority to bind over or commit to jail offenders against the criminal laws of Georgia, whenever in the course of investigation before him, a proper case therefor shall be made out by evidence. Mayor may commit or bail offenders. SEC. 12. Be it further enacted, That said mayor and councilmen shall have power to elect a mayor pro tem., who shall perform all the duties of the mayor when, from any cause, he can not be present, to perform the duties of his office, also to fill any vacancy that may occur in the office of mayor or councilman, or any subordinate office in said town. Mayor pro tem. SEC. 13. Be it further enacted, That the mayor of said town shall be chief executive officer thereof; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police when he may deem it necessary; he shall have power to issue executions for all fines, penalties and costs, imposed by him, or he may require the immediate payment thereof; and in default thereof of such immediate payment he may imprison the offender as hereinbefore provided. Executive powers of mayor. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 1122 WOODSTOCK, TOWN OF, CHARTER AMENDED. No. 539. An Act to authorize the mayor and council of the town of Woodstock, Georgia, to issue bonds for the purpose of erecting a school building, and equipping the same in the said town of Woodstock, to provide for the payment of the principal and interest of said bonds by levying a tax therefor; to provide for the ratification of the provisions of this Act, and to provide for suitable officers to carry into effect the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the mayor and council of the town of Woodstock be authorized and required to issue and sell bonds not to exceed in the aggregate three thousand dollars ($3,000) of the denomination of one hundred dollars ($100.00) each, to be due and payable at such time or times within twenty (20) years after the date of the issue thereof as said mayor and council may determine, and bear not exceeding six (6) per cent. interest per annum, payable annually; such bonds not to be sold for less than par. Woodstock, town of, municipal bonds. SEC. 2. Be it further enacted, That the mayor and council of Woodstock shall pay over to the town treasurer the proceeds of the sale of said bonds, after first requiring and receiving a good and sufficient bond and security from him. Proceeds of bonds. SEC. 3. Be it further enacted, That the mayor and council of said town are hereby authorized and empowered to levy, assess and collect annually, sufficient tax upon and from the taxable property in said town, real and personal, to pay the principal and interest when the same shall become due. This tax shall be separately levied, assessed and collected for the specific purpose herein set forth, and shall not be used for or applied to any other purpose whatever. Said mayor and council are hereby authorized to issue interest coupons payable annually for the interest on said bonds, and to levy and collect, as herein mentioned, annually, a tax sufficient to create a sinking fund to pay off said bonds when same become due. Tax to pay bonds. SEC. 4. Be it further enacted, That the said bonds be signed by the mayor and clerk of the council of said town, and negotiated and sold in such manner and in such sums, and at such Page 1123 times as the mayor and council may determine for the best interest of said town and the speedy execution of the objects of this Act; and the money arising from the sale of said bonds shall be used by the mayor and council of said town in building, completing and equipping a suitable school building in said town upon such terms and in such locality as may be selected and procured for said purposes. School building. SEC. 5. Be it further enacted, That the authorities herein named shall have authority to sell or dispose of the present school building and the site upon which it stands, and the proceeds of such sale shall be applied to the erection and equipping of the new building. Sale of present building. SEC. 6. Be it further enacted, That the vouchers upon which the treasurer of said town of Woodstock shall pay out money or funds arising under this Act for the purposes herein mentioned, shall bear the signature of the mayor and clerk of council of said town, and the treasurer shall be required to pay all bills arising under this Act when properly made out and presented. Disbursements. SEC. 7. Be it further enacted, That before the erection of any such building thereon, the title to the lot or lots shall be made to the mayor and council of the town of Woodstock and their successors in office. Title to school lot. SEC. 8. Be it further enacted, That the said mayor and council are hereby authorized and required to have the building herein provided for well insured so soon after the construction of the same is begun, as practicable, and to keep the same insured and in good repair; and the mayor and council are hereby authorized and required to raise by taxation in the manner named in the third section of this Act, whatever money may be necessary to keep said building insured and in good repair from time to time. Insurance and repairs. SEC. 9. Be it further enacted, That the mayor and council of the town of Woodstock shall order an election (after notice begin given as required by law for such elections) at which election shall be submitted to the qualified voters of the town of Woodstock the question of issuing bonds, and should the required majority not vote in favor of issuing bonds at said first election, then, and in that event, an election may be had annually until the provisions of this Act are adopted. Said elections held under this Act shall be under the same rules and regulations that govern the election of mayor and council of said town. The votes to be cast in said elections shall have written or printed on them either For bonds or Against bonds. Page 1124 The managers in said elections shall count the ballots and declare the results thereof, which result shall be certified to by the managers, and together with all the papers, tickets, list of voters and tally-sheets, shall be turned over to the mayor and council, who shall inspect same and see that the result so declared is correct. They shall preserve same for thirty days before destroying them. Election for bonds. SEC. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. YATESVILLE, TOWN OF, CHARTER AMENDED. No. 658. An Act to authorize and empower the town council of the town of Yatesville, in Upson county, Georgia, to order an election therein to determine whether or not bonds shall be issued by said town of Yatesville, in a sum not to exceed five thousand dollars, of the denomination of one hundred dollars each and bearing interest not to exceed six per cent. per annum, the same to be sold and the proceeds of the same, or such portion thereof as may be necessary to be used for the purpose of erecting in and for said town a school building or buildings, and furnishing and equipping the same, and purchasing sites therefor, if necessary, and to authorize the issuing said bonds, selling the same and the assessing, levying and collecting a tax on all property, both real and personal, in said town of Yatesville, 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, and it is hereby enacted by authority of the same, That the town council of the town of Yatesville, in Upson county, Georgia, be authorized and required to issue and sell bonds not to exceed in the aggregate five thousand dollars, of the denomination of one hundred dollars each, to become due and payable at such time or times within twenty years after the date of the issue thereof, as said town council may determine, and to bear Page 1125 interest not to exceed six per cent. per annum, provided [Illegible Text] bonds are not sold below their par value. Yatesville, town of, municipal bonds. SEC. 2. Be it further enacted, That the town council of the town of Yatesville shall pay over to the treasurer of the town the proceeds of the sale of said bonds, after first requiring and securing a good and sufficient bond, to be approved by said town council, from him. Proceeds of bonds. SEC. 3. Be it further enacted, That the town council of said town be, and the same is, hereby authorized to assess, levy and collect a tax upon the taxable property, real, personal and mixed in said town, subject to taxation, such as may be necessary to carry into effect the provisions of this Act, and pay the principal and interest of said bonds as they mature. Tax to pay bonds. SEC. 4. Be it further enacted, That the town council of said town of Yatesville shall order an election, due notice being given, as required by law, of such election, at which election shall be submitted to the qualified voters of the town of Yatesville, under the provisions of the Code of Georgia of 1895, sections 377 to 381, both inclusive, the question of issuing bonds as herein provided, said election to be held under the same rules and regulations, and with the same qualifications of voters as are required at the regular elections for mayor and councilmen, or for councilmen of said town. At said election the ballots shall be written or printed as follows, to wit.: For school bonds or Against school bonds; and should the requisite constitutional majority of the ballots cast at said election be For school bonds, the town council of said town of Yatesville is hereby authorized and directed to issue and sell said bonds, and use the proceeds of the sale of the same, in accordance with the provisions of this Act. Election. for school bonds. SEC. 5. Be it further enacted, That if the requisite constitutional majority of the ballots cast at the election herein provided for should not be For school bonds, then, and in that event the town council of said town of Yatesville may at its own instance, and shall on the application of any five freeholders, residents of said town, at any time hereafter, order an election under the provisions of this Act; provided, only such election shall not be held oftener than once in every four months. Subsequent elections. SEC. 6. Be it further enacted, That the erection, furnishing and equipping of the school building, or buildings, as herein provided, shall be under the direction and control of the board of trustees of the Joseph E. Johnson Institute, a legally chartered Page 1126 institution for the education of the children of said town, and said board of trustees shall have full power and authority to purchase a site or sites for such school building or buildings as it may deem necessary, to accept donations for such purpose, or for other purposes in connection with the objects herein contemplated, to secure plans and specifications of the school building or buildings, to furnish and equip the same for school purposes, and to do and perform any and all other acts necessary for carrying into effect the provisions of this Act. School building etc. SEC. 7. Be it further enacted, That the vouchers upon which the treasurer of said town of Yatesville shall pay out money or funds arising under this Act, for the purposes herein mentioned, shall bear the signatures of the chairman or president and of the secretary of the board of trustees of the said Joseph E. Johnson Institute, and the treasurer of said town is hereby authorized and required to pay all bills and expenses arising under this Act, when made out and presented as herein required, taking proper receipts therefor. Disbursement of school money. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1906. YONNKER, TOWN OF, INCORPORATED. No. 596. An Act to incorporate the town of Yonnker, in the county of Dodge; to confer certain powers, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives in General Assembly met, That the municipal government of the town of Yonnker shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Yonnker, and by that name and style shall have perpetual succession, and shall by the said name be capable to sue and be sued in any court of law or equity in this State, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable, in law, to purchase, hold, receive, enjoy and possess, to retain to them and their successors for the use Page 1127 and benefit of said town of Yonnker, in perpetuity, or for any term of years, any estate, real or personal, lands and tenements of whatever kind or nature soever, within the limits of said town; and to sell, alien, exchange or lease the same, or any part thereof, or convey the same, or any part thereof, in any way whatever. Yonnker, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Yonnker shall extend one-half of a mile in every direction from the depot of the Wrightsville and Tennille Railroad, located in said town, except on the west, Gum swamp be the line. Corporate limits. SEC. 3. Be it enacted by the authority aforesaid, That the corporate powers of said town shall be vested in a mayor and four aldermen, who shall be elected on the first Monday in December, 1906, and on the same day in every December thereafter, and that said mayor and aldermen shall hold their offices for one year, or until their successors are elected and qualified; and all citizens who shall be entitled to vote for members of the General Assembly, and who have resided in said corporation three months previous to said election, shall be entitled to vote for said mayor and aldermen; provided, no person who is not a resident citizen within the said corporation shall be eligible to the office of mayor or aldermen in said town; and, provided, that for the purpose of temporary organization there shall be an election for mayor and aldermen of said town on the first Monday in August, 1906. Election of mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That any two citizens who may be freeholders in said town, being first sworn to hold said election properly and faithfully, may preside over said election, neither of whom being a candidate, and the person receiving the highest number of votes shall be declared to be duly elected, and the managers shall give their certificates to such persons as shall be thus elected. Election managers. SEC. 5. Be it further enacted by the authority aforesaid, That the said mayor and aldermen, before they enter upon the duties of their respective offices, shall, before the ordinary or a justice of the peace, clerk of the superior court, or commissioned notary public, take and subscribe the following oath; I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of mayor (or alderman) of the town of Yonnker during my continuance in office; so help me God. Oath of mayor and aldermen. SEC. 6. Be it further enacted by the authority aforesaid, Page 1128 That the said mayor and aldermen shall at their first annual meeting, after being qualified, proceed by ballot to elect a marshal (and if they deem necessary, a deputy marshal), clerk of council and treasurer, each of whom, unless removed, shall remain in office until a new election for and the qualification of mayor and aldermen; and that said mayor and aldermen shall have full power to remove from office, or to punish by fine not exceeding fifty dollars, any officer elected, for any neglect, malpractice in or abuse of said office. Subordinate officers SEC. 7. Be it further enacted by the authority aforesaid, That in case the mayor or aldermen, while in office, shall be guilty of any wilful neglect or malpractice in, or abuse of, said office, he or they shall be liable to be indicted before the superior court of Dodge county, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars for each and every offense, and moreover, be removed from office, which fine or fines shall be paid over to the town treasurer for the use of said town. Malpractice SEC. 8. Be it further enacted by the authority aforesaid, That all males over the age of sixteen years, and under the age of fifty, who may have resided in said town ten days, shall be subject to work the streets according to the road laws now in force in this State, or to be taxed therefor after opportunity offered so to work, as the town council may determine, as a commutation for such duty, not to exceed two dollars per day. Street tax. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have power to fix and regulate the salaries of each and every officer they may elect, which salary shall not be increased or diminished during continuance in office. Salaries. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor or mayor pro tempore, and any two aldermen, shall form a quorum for the transaction of business, and the mayor, or mayor pro tempore, shall have the casting vote, and a majority of all votes shall determine all questions and elections before the council; and the mayor and each alderman shall be to all intents and purposes a justice of the peace, so far as to enable them, or any of them, to issue warrants for offenses committed within the corporate limits of said town, which warrant shall be executed by the marshal, or deputy marshal, and to commit to the county jail of Dodge county to await his, her or their trial; and it shall be the duty of the jailor of said county to receive all such persons so committed and them safely keep until the same be Page 1129 discharged by due course of law, and in all cases when persons committed to jail are, or shall be, unable to pay bail fees, the said corporation shall be liable for the same. Punitive powers of mayor and aldermen. SEC. 11. Be it further enacted by the authority aforesaid, That the expenditures of the mayor and aldermen, and the compensation of the town officers, shall be paid out of the town funds by an order drawn by the clerk of the council (upon the town treasurer, and countersigned by the mayor or the mayor pro tempore of the council); and that the marshal, or deputy marshal, and clerk and treasurer shall give bond and good security to the mayor and aldermen and successors, in a sum to be fixed by the mayor and aldermen, for the faithful performance of his or their duties. Compensation of officers. SEC. 12. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and well-being of said town; to remove pests and nuisances, and to perform all acts necessary and proper to carry out the provisions of this Act, not incompatible with the Constitution and laws of Georgia, and the United States. They shall also have full power to make all contracts in their corporate capacity which they may deem necessary for the welfare of said town. General welfare. SEC. 13. Be it further enacted by the authority aforesaid, that the mayor, and in his absence the mayor pro tem. of said town, shall have full power and authority to try all offenders against all or any of the by-laws or ordinances of said town, and to punish for each and every violation thereof within the corporate limits of said town, by a fine or fines not to exceed fifty dollars, or by imprisonment in the common jail of said county not exceeding ninety days. Mayor's court. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of said town shall receive for his services such sum per annum as may be fixed by the town council, and all the salaries to be paid to the officers of said incorporation, to-together with all the expenditures made for the use of said town shall be paid out of the town funds in the hands of the town treasurer, who shall keep a book in which he shall make an entry of all the sums of money paid out, and to whom and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to inspection by the mayor and aldermen of said town, or any or either of them; and all sums of money paid into the treasury Page 1130 by the provisions of this Act shall, and the same are, hereby directed to be a fund for the exclusive use of said town. Disbursements for town, how made. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power and authority to levy a tax upon all billiard-tables kept or used for the purpose of playing on, gaming or renting, and all tenpinalleys of any kind, which are kept for the purpose of playing with pins and balls, or either pins or balls, or for the purpose of renting the same, and also all wheels of fortune; and the said mayor and aldermen shall have power and authority to levy and collect a tax from all itinerant showmasters who may exhibit in said town any shows, circus riding, tumbling, sleight of hand, tricks or legerdemain, or any theatrical exhibition coming under this description. Tax on gaming places and shows. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power and authority to impose and levy such taxes, not to exceed one-half of one per centum upon all the real and personal estate within the corporate limits of said town, as they may deem necessary for the support of the government of said town, and also to enforce the collection of all fines which may be imposed by said mayor and aldermen under the provisions or the powers granted by this Act. Taxation. SEC. 17. Be it further enacted by the authority aforesaid, That it shall be the duty of all taxpayers and owners of all taxable property within said town, and they and each of them, either by themselves or an agent, are required to make annual returns under oath to the clerk of council in said town, or to such other officer as the mayor and aldermen of said town may appoint for such purpose, at such time as the mayor and aldermen may limit, of all their taxable property, held in their own right, or in the right of any other person; and in case any person or persons shall fail or refuse to make such returns, or shall make any return deemed incorrect by the mayor and aldermen, the said mayor and aldermen may assess the property of such person, and may fix such values thereon as they may deem correct and just; and all taxes levied and imposed by said mayor and aldermen, in case of a refusal to pay the same, shall be collected in the following manner: An execution, for the sum due and all costs, shall be issued by the clerk of council, directed to the marshal against the estate, both real and personal, of said defaulter, and shall be levied by the marshal or deputy marshal upon the said estate; and after having been advertised Page 1131 for thirty days in gazette where sheriff's sales are advertised for said county, the marshal or deputy marshal shall sell at public outcry the property so levied upon, at the time and place for sheriff's sales in said county; and the deed of the marshal or his successor in office, made in accordance with such sale, shall be as effectual to pass the title to such property to the purchaser thereof as the deed of the defaulter; and all executions issued under the provisions of this Act shall bind all the property of defendant from date, and shall have rank and precedence as executions from the courts of this State now have by law, and the costs thereof shall be the same as in tax-collector's executions by the laws of this State; provided, that whenever any land is sold by virtue of a tax execution issued under the provisions of this Act, the owner thereof, or any administrator, executor or guardian, or other trustee of the defendant in execution, shall have the privilege of redeeming said land thus sold, within the time and in the manner pointed out in section 898 of the Code of 1872. Tax returns. Executions for taxes, how enforced. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said town; and also to establish a market or markets in said town, and also license, regulate and control all taverns and public houses in said town, and also to regulate all butcherpens, slaughter-houses, tan-yards, blacksmith-shops, forges, stoves and chimneys in said town, and to remove, or cause to be removed, the same, or any of them, in case they become dangerous or injurious to the health of any citizen of said town, or become a nuisance; and also, if necessary, to fill up all pits, cellars and excavations in said town, or cause the owner to do so; also to regulate drays, omnibuses, buggies, carriages, wagons and all carts owned or kept and used in said town; and also full power to regulate and control all pumps, wells, livery-stables, fire companies and engines within said town. Police powers. SEC. 19. Be it further enacted, That the mayor and aldermen shall have power to take up and impound any horses, mules, dogs, hogs, cows, or other cattle running at large in said town, and to pass and enforce all ordinances necessary and proper for the regulation and control of all such animals in said town. Animals. SEC. 20. Be it further enacted, That the mayor and aldermen, Page 1132 or the mayor and any two aldermen, upon the trial and examination of any offenders against the laws of this State, or ordiances of said town, shall have the power to issue all processes, writs, and subp[oelig]nas necessary to carry out any of the provisions of this Act, or to execute any of the powers therein granted, and which processes shall be signed by the clerk and bear test in the name of the mayor, or other officer acting pro tempore, instead of the said mayor, and be served or executed by the marshal, or deputy marshal. Punitive powers. SEC. 21. Be it further enacted, That in case there should at any time be a failure to elect a mayor and aldermen for said town, as provided for in this Act, any two freeholders residing in said town, upon giving ten days' notice thereof, shall, or may proceed to hold an election in manner as pointed out in this Act for the regular elections in said town; and the mayor and aldermen so elected shall hold their office until the next regular election in said town, or until their successors are qualified; and in case at any time there should be a vacancy in the office of mayor or aldermen, that the mayor and two aldermen, or two freeholders resident in said town, may, upon ten days' notice, proceed to fill such vacancy in the manner pointed out for elections in said town by this Act, and all officers thus elected to fill vacancies, shall hold their offices until the next regular election in said town, or until their successor is qualified. Elections for mayor and aldermen. SEC. 22. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have full power and authority to open, lay out, to widen, straighten, or otherwise change streets and alleys in said town. Whenever the mayor and council shall exercise the power in this section delegated, they shall appoint two freeholders, and the owner, or owners, of lots fronting on said streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damage sustained or the advantage derived by the owner, or owners, of said lots in consequence of the opening, widening, or straightening, or otherwise changing said streets or alleys; and in case said assessors can not agree, they shall select a fifth freeholder umpire, the said assessors to take an oath that they will faithfully discharge their duties, and either party to have a right to enter an appeal to the superior court of Dodge county within ten days from said award, the mayor and council of said town of Yonnker to have power and authority to levy, collect and enforce the final award and judgment in each and every case, by Page 1133 judgment against the owner, or owners, of said lot, or lots, when the same is found to be advantageous to said owner. Streets, etc. SEC. 23. Be it further enacted, That hereafter when any fi. fa. issued by the corporate authorities of said town for fines, forfeitures, taxes, or any other debt or demand, due said corporation shall be levied upon any property claimed by any other person not a party to said fi. fa., that said claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases, and the said claim shall be returned and tried in the first justice court or superior court having jurisdiction thereof, as the case may be. Executions and claims. SEC. 24. Be it further enacted, That this Act shall take effect from and after the first Monday in August, nineteen hundred and six. Act effective. SEC. 25. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 20, 1906. Page 1135 PART IV.RESOLUTIONS. Page 1137 Appropriation for support of Department of Agriculture. Appropriation to erect monument to James Oglethorpe. Appropriation for the Georgia State Reformatory. Appropriation to pay per diem of T. R. Penn, messenger of House. Appropriation to pay pension of R. R. Bates. Appropriation to pay pension of L. D. Bellisle. Appropriation to pay pension of James H. Brawner. Appropriation to pay pension of G. W. Cone. Appropriation to pay pension of James M. Creel. Appropriation to pay pension of Jasper Deese. Appropriation to pay pension of A. M. Eason. Appropriation to pay pension of Jordan Fennell. Appropriation to pay pension to Mrs. Jane Fogg. Appropriation to pay pension to Mrs. M. F. Garrett. Appropriation to pay pension of J. H. Johnson. Appropriation to pay pension to Mrs. M. E. Lord. Appropriation to pay pension of John J. Miles. Appropriation to pay pension of W. R. Morris. Appropriation to pay pension to Mrs. Sarah Mote. Appropriation to pay pension to Mrs. Mary Ann Proctor. Appropriation to pay pension of M. S. Ralston. Appropriation to pay pension of John Tyson. Appropriation to pay pension to Mrs. Elizabeth Vardaman. Appropriation to pay pension due Mrs. Rebecca Vinson. Appropriation to pay pension to Mrs. Drucilla Whitley. For relief of J. W. Wilcox. In relation to right of way over lands of estate of Sherman J. Sims. In relation to right of way over lands of estate of Sherman J. Sims. In relation to line between State of Georgia and State of Tennessee. In relation to appropriation by the U. S. for agricultural experiment station. In relation to lot of land No. 217 in 3d district of Wayne county. In relation to a National Military Park near Atlanta. To furnish certain books to Circuit Court of Appeals for Fifth Circuit. To furnish certain books to Superior Court of McIntosh county. In relation to management of the Georgia Soldiers' Home. In relation to the Confederate Cemetery at Marietta. In relation to unfinished business of Legislature. Page 1138 APPROPRIATION FOR SUPPORT OF DEPARTMENT OF AGRICULTURE. No. 35. A resolution to appropriate the sum of $30,000 to the Department of Agriculture of this State, to be expended for the further support and maintenance of said department. SECTION 1. Be it resolved by the General Assembly of the State of Georgia, That the sum of thirty thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated to the Department of Agriculture out of any funds not otherwise appropriated, to be expended under the direction of the Governor and the commission provided for under the resolution approved August 12, 1904, providing for the appointment of a commission to be appointed to represent the State at Jamestown, Virginia, Exposition in 1907, together with six other commissioners, to be appointed by the Governor, of which commission the Governor shall be ex-officio chairman, in collecting and permanently preserving specimens of minerals, granite, clays, kaolin, marble, iron and such other minerals and precious stones as may abound in or are found within this State; to further collect specimens of the field and forest, mills and mines, orchards and vineyards of this State, and such other matters and things pertaining to agriculture as demonstrate the character and the productiveness of the soils of Georgia, and illustrate and develop the agricultural, horticultural, geological and educational departments of this State; and to compile all historical data and information obtainable, showing what the State of Georgia has done towards the upbuilding of this great nation. Exhibit at Jamestown Exposition. SEC. 2. Be it further resolved, That when the specimens aforesaid are collected, it shall be the duty of the State Geologist, the Curator of the State Museum, to take charge of the same and deposit them in the State Museum, as provided in section 3 of the Act approved November 12, 1889, there to be safely kept and displayed, it being the purpose of this resolution to execute the provisions of the Act aforesaid by keeping and maintaining in a permanent, attractive and substantial form said exhibit in the State capitol. State Museum. SEC. 3. Be it further resolved, That the exhibit thus collected Page 1139 may be carried to the Jamestown Tercentennial Exposition at Hampton Roads, Virginia, and to such other points in or beyond this State, when in the opinion of the Governor and the Commissioner of Agriculture to do so would be to the interest of the State of Georgia; and while said exhibit is displayed at said Jamestown Exposition, it shall be in charge of the commission herein provided, who, with the exception of the six commissioners last named in section one, shall be allowed their personal expenses only and no salary whatever in performing the duties herein required; and the said six commissioners last mentioned, to be appointed by the Governor, shall not receive any compensation or expenses; said commissioners to have entire charge of the same until its return to the State, and shall see that said exhibit is transported to and from said Jamestown Exposition, and that it is properly housed and cared for during the period of said exposition. Custody of exhibit. SEC. 4. Be it further resolved, That the expense incurred in carrying out the purpose of this resolution, when approved by the Governor and the Commissioner of Agriculture, shall be paid by warrants drawn by the Governor on the treasury of the State, and shall be paid out of any funds of the State not otherwise appropriated; provided, that the commissioners aforesaid shall keep an account of every item of expense incurred and make a report of every expenditure, with proper vouchers therefor, to the Commissioner of Agriculture, which report, with said vouchers, shall be included in the annual report of the Commissioner of Agriculture; provided, that all the expenditures herein authorized shall be paid out of the $30,000 above appropriated. Expenses incident to exhibit, how paid. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1906. APPROPRIATION TO ERECT MONUMENT TO JAMES OGLETHORPE. No. 52. A RESOLUTION. 1. WHEREAS, The State of Georgia contains no fitting memorial to its founder and first Governor, that great soldier, statesman and philanthropist, General James Oglethorpe; and, Preamble. Page 1140 2. WHEREAS, It is now verging on two centuries since he founded and fostered this people, protected and defended them from dissension within and invasion without, and fitted Georgia for its great career as a sovereign State; and, 3. WHEREAS, It is eminently fitting and desirable that the people of this State shall make manifest their veneration, loyalty and gratitude for the life and services of that great man by the erection of a proper memorial or monument to the memory of its distinguished founder, in the city in which he first established the youngest of the American colonies, and which thus became the cradle of Georgia; and, 4. WHEREAS, The Oglethorpe Monument Association, composed of members of the various patriotic societies in this State, has been incorporated for this purpose and has raised by popular subscription a considerable sum therefor; 5. Be it resolved by the House of Representatives, the Senate concurring, That the sum of fifteen thousand dollars ($15,000) be, and the same is, hereby set aside and appropriated from money in the treasury, not otherwise appropriated, for the purpose of erecting an adequate memorial, or monument, to General James Oglethorpe in the city of Savannah; the said memorial or monument, to be erected in Chippewa Square in said city, the title to said square being owned by the State. Of the amount hereby appropriated, the sum of seventy-five hundred dollars shall be available in the year 1907, and the sum of seventy-five hundred dollars shall be available in the year 1908. This appropriation shall be expended by and under the direction, supervision and control of the Governor of the State, and upon warrants drawn by him upon the treasury accordingly. The Governor of the State is hereby authorized to permit the Oglethorpe Monument Association to be associated in the work herein provided for, and to augment this appropriation by such additional amount as said Oglethorpe Monument Association may desire to contribute; provided, that the same shall be not less than five thousand dollars, and that said memorial, or monument, shall have upon it, either inscribed or raised, or by tablet, the words: Monument to Gen. Jas. Oglethorpe. Erected by the State of Georgia to the memory of its founder, the great soldier, eminent statesman and celebrated philanthropist, General James Oglethorpe, who in this city on the 12th day of February, A. D. 1733, established the Colony of Georgia. Page 1141 Resolved further, by the authority aforesaid, That all laws and parts of laws in conflict with this resolution be, and the same are, hereby repealed. Approved August 20, 1906. APPROPRIATION FOR THE GEORGIA STATE REFORMATORY. No. 33. A RESOLUTION. WHEREAS, The main building of the Georgia State Reformatory is now completed and ready for occupancy, with the exception of wash-rooms and heating apparatus; and, Preamble. WHEREAS, It is necessary to construct certain outhouses before said institution can be formally opened to receive the class of persons for which said institution was created; and, WHEREAS, The appropriation for the building and equipment of the said institution, as provided for in the Act creating said institution, has been exhausted; and, WHEREAS, It is absolutely necessary for the Prison Commission to expend the sum of one thousand five hundred and twenty-six and 47-100 dollars in laying and constructing the foundation of the main building, and it is proper to pay said sum; now, therefore, the House of Representatives, the Senate concurring, do hereby enact: SECTION 1. That the sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of completing and equipping the main building of the said reformatory, and for constructing the necessary outhouses, and also for the purpose of paying the said sum expended by said commission in the laying and constructing of said foundation to said main building. Georgia State Reformatory. SEC. 2. Be it further enacted, That the Governor be, and he is, hereby authorized to draw his warrant upon the Treasurer of the State for the said sum of three thousand dollars, for the purpose aforesaid, payable to the said Prison Commission. Payment of appropriation. SEC. 3. Be it further enacted, That for the purpose of purchasing the necessary furniture and equipment for said institution, the Prison Commission is hereby authorized to use so Page 1142 much of the fund appropriated for maintaining and operating the said institution the first year as may be necessary. Maintenance. SEC. 4. Be it further enacted, That the Prison Commission be, and they are, hereby requested and directed to complete and equip said institution as speedily as possible, in order that it may, at the earliest date, be opened for the purposes for which it was created and established. Equipment. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 18, 1906. APPROPRIATION TO PAY PER DIEM OF T. R. PENN, MESSENGER OF HOUSE. No. 38. A RESOLUTION. WHEREAS, T. R. Penn, Messenger of the House, was prevented by serious sickness from performing his duties as Messenger of the House, Per diem of T. R. Penn. Therefore be it resolved by the House, the Senate concurring, that he be paid his regular per diem. Approved August 21, 1906. APPROPRIATION TO PAY PENSION OF R. R. BATES. No. 58. A resolution to pay the pension of R. R. Bates. WHEREAS, R. R. Bates, late of Whitfield county, died on the fifth day of October, 1905; and, WHEREAS, Said deceased R. R. Bates was at the time of his death drawing a pension of sixty dollars per annum under existing laws for indigent Confederate soldiers; and, Pension of R. R. Bates. WHEREAS, Said deceased left a widow, Frances Jane Bates; and, Page 1143 WHEREAS, Said widow of deceased has been placed upon the pension rolls for the year 1907; and, WHEREAS, Under the ruling of the Pension Commissioner in closing applications on October 1st of each year the said widow could not apply for the pension for the year 1906; Resolved by the House of Representatives, the Senate concurring, That the said sum of sixty dollars be paid to the said Frances Jane Bates, widow of said R. R. Bates, deceased, and the Governor is hereby authorized to draw his warrant on the treasury for the payment of said sum out of any funds in the treasury not otherwise appropriated. Approved August 21, 1906. APPROPRIATION TO PAY PENSION OF L. D. BELLISLE. No. 61. A RESOLUTION. WHEREAS, L. D. Bellisle, a pensioner, now of Campbell county, was put on the invalid pension roll in the year 1895, and received a pension of fifty dollars for that year and for each year afterwards up to the year 1899; that year he was dropped from the roll by order of the grand jury of Coweta county, then the county of his residence. He was reinstated in 1900 and has drawn a pension every year since, including the year 1905; Pension of L. D. Bellisle. Therefore be it resolved by the House of Representatives, the Senate concurring, That the said L. D. Bellisle be paid his pension for the year 1899, and the Governor is authorized to draw his warrant on the Treasurer for the payment of the same on any fund not otherwise appropriated. Approved August 18, 1906. Page 1144 APPROPRIATION TO PAY PENSION OF JAMES H. BRAWNER. No. 44. A RESOLUTION. WHEREAS, James H. Brawner was a disabled Confederate soldier, and his name had been enrolled from Harris county as entitled to a pension of fifty dollars annually from the State of Georgia; and, WHEREAS, The said James H. Brawner died on the twenty-ninth day of October, 1903, in Harris county, and that at his death his right to said pension for the year ending October 26, 1904, had accrued, but had not been paid to him for the said pension year; and, WHEREAS, Mrs. Dealpha Brawner is the widow of the said James H. Brawner, and is entitled under the pension laws to the pension that would have been paid to the said James H. Brawner for said pension year had he lived, and hereby makes application for the same; Pension of James H. Brawner. Therefore be it resolved by the House of Representatives, the Senate concurring, That the sum of fifty dollars be paid to the said Mrs. Dealpha Brawner, and the Governor is hereby authorized to draw his warrant upon the Treasurer in her favor for the said sum of fifty dollars. Approved August 21, 1906. APPROPRIATION TO PAY PENSION OF G. W. CONE. No. 36. A RESOLUTION. WHEREAS, G. W. Cone was, in the year 1903, a resident of Schley county, Georgia, and was properly on the pension roll and drawing a pension as an invalid Confederate soldier; and, whereas, the said G. W. Cone did, before his pension for the year 1904 became due and payable, move his residence from Schley county to Thomas county, Georgia, and was by the ordinary of said Schley county reported as dead to the pension commission of Georgia, and was not paid his pension for the year 1904, 1905 and 1906; and, Page 1145 WHEREAS, The said G. W. Cone is not dead, but in life, and the report sent in by the said ordinary was a mistake; Therefore be it resolved by the House of Representatives, the Senate concurring, That the sum of $150.00 be paid to the said G. W. Cone as a pensioner for the years 1904, 1905 and 1906. Pension of G. W. Cone. Be it further resolved, That the Governor of Georgia be, and he is, authorized to draw his warrant upon the Treasurer of Georgia in favor of the said G. W. Cone for the amount above named, to be paid out of any fund not otherwise appropriated. Be it further resolved, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved August 21, 1906. APPROPRIATION TO PAY PENSION OF JAMES M. CREEL. No. 41. A resolution to put the name of Mrs. Martha D. Creel, of DeKalb county, on the pension roll for 1906 as an indigent widow, and to appropriate the sum of sixty dollars for the payment thereof. WHEREAS, James M. Creel, of DeKalb county, was on the pension roll as an indigent pensioner and died October 10, 1905; and, WHEREAS, His widow, Martha D. Creel, was married to him prior to 1861, and by reason of blindness and poverty is unable to provide a living for herself, and was entitled to be put on the pension roll for 1906, and to draw a pension of sixty dollars, but because her husband did not die until after the first of October, 1905, she was not able to get her name on the roll in time to draw for 1906; and, whereas, she has been duly enrolled as a pensioner and can draw her pension for 1907; Be it therefore resolved, That the name of the said Martha D. Creel be enrolled among the indigent widows for 1906, and that the sum of sixty dollars be, and the same is, hereby appropriated for the payment of her pension for 1906, and the Governor is directed and authorized to draw his warrant accordingly. Pension of James M. Creel. Approved August 21, 1906 Page 1146 APPROPRIATION TO PAY PENSION OF JASPER DEESE. No. 47. A resolution to pay the pension of Jasper Deese, formerly of Greene county, now of Putnam, for 1905. WHEREAS, Jasper Deese was in due form of law placed on the indigent pension roll of Greene county, and that a pension of sixty dollars was due him for 1905, which has not been paid by the State; Be it resolved by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the sum of sixty dollars be, and the same is, hereby appropriated to pay the pension of Jasper Deese for the year 1905; and the Governor of the State is authorized to draw his warrant in favor of Jasper Deese on the Treasurer of the State for the sum of sixty dollars to pay the pension so due for 1905. Pension of Jasper Deese. Approved August 21, 1906. APPROPRIATION TO PAY PENSION OF A. M. EASON. No. 48. A resolution authorizing the payment of pension of Abraham M. Eason, to his widow, Mrs. Flora E. Eason. WHEREAS, Abraham M. Eason was duly enrolled as a pensioner from Appling county, Georgia, for the year 1904 upon the roll of disabled Confederate soldiers, because of having lost an arm from a gunshot, and died in the month of December, 1903, without having drawn the pension to which he was entitled, to wit, the sum of one hundred dollars, and which pension has not been paid; therefore be it Resolved by the House of Representatives, the Senate concurring, That the sum of one hundred dollars shall be paid to Mrs. Flora E. Eason, widow of Abraham M. Eason, being the amount of pension due him for the year 1904, and that the Governor be empowered to draw his warrant for said sum in favor of Mrs. Flora E. Eason. Pension of A. M. Eason. Approved August 21, 1906. Page 1147 APPROPRIATION TO PAY PENSION OF JORDAN FENNELL. No. 54. A RESOLUTION. WHEREAS, Jordan Fennell, of the county of Washington, was regularly and legally enrolled as an indigent Confederate pensioner and died in the fall of 1905, leaving Susan Fennell as his widow, Resolved by the House, the Senate concurring, That the sum of sixty dollars be, and the same is, hereby appropriated with which to pay to the said widow the pension due the said husband, Jordan Fennell, and that the proper officials of this State be directed to pay said sum to his said widow. Pension of Jordan Fennell. Approved August 21, 1906. APPROPRIATION TO PAY PENSION TO MRS. JANE FOGG. No. 28. A RESOLUTION. WHEREAS, A pension of sixty dollars was due Mrs. Jane Fogg, of Butts county, on January 1, 1903, and for which she had signed the proper voucher to collect the same; and, WHEREAS, Mrs. Jane Fogg died on January 10, 1903, before receiving said pension; be it therefore Resolved by the House, the Senate concurring, That the sum of sixty dollars be, and the same is, hereby appropriated with which to pay the pension due said Mrs. Jane Fogg at the time of her death, and that the proper officials of the State be, and are, hereby directed to pay to the ordinary of said county of Butts, for the use of such persons as may be entitled thereto by reason of services rendered said deceased in her last illness, and to such persons as furnished food, clothing, medical attention and burial necessities to said deceased pensioner, upon proper proof submitted to said ordinary; the balance remaining, if any, of said pension after paying said amounts shall be returned by said ordinary to be covered in the State treasury. Pension of Mrs. Jane Fogg. Approved July 26, 1906. Page 1148 APPROPRIATION TO PAY PENSION TO MRS. M. F. GARRETT. No. 63. A resolution to pay unpaid pension for 1906 to Mrs. M. F. Garrett. WHEREAS, W. D. Garrett, of the conty of Meriwether, was on the indigent pension roll of this State and paid his pension for 1905; and, WHEREAS, The said W. D. Garrett departed this life on the day of November, 1905; and, WHEREAS, Under the law and the rules of the Commissioner of Pensions, in closing the rolls to be paid in 1906 on the first of October, 1905, and W. D. Garrett's name being on the roll for 1906, made it too late for Mrs. M. F. Garrett, who was married to said W. D. Garrett prior to the Civil War, and who is now his widow, to apply in her own right for the pension due her husband for 1906 after his death, Be it resolved by the General Assembly, and it is hereby enacted by authority of the same, That the sum of sixty dollars be, and the same is, hereby appropriated to pay said Mrs. M. F. Garrett, of Meriwether county, for her pension of 1906, and that the Governor is authorized to draw his warrant on the treasury for the payment of said sum. Pension of Mrs. M. F. Garrett. Approved August 20, 1906. APPROPRIATION TO PAY PENSION OF J. H. JOHNSON. No. 42. A RESOLUTION. WHEREAS, J. H. Johnson, of Marion county, a valiant and worthy Confederate soldier, made application to the Commissioner of Pensions for the indigent pension provided by law, and filed his application with the commissioner, fully establishing his services as such soldier on September 21, 1904; and, WHEREAS, The physician making the examination of the applicant Page 1149 failed to fill out the blank properly, it was sent back for amendment, this held him off the pension roll for 1905; and, WHEREAS, When this amendment was made and returned to the commissioner, it showed his condition to be such that he could not make a living by manual labor; so the commissioner returned it to the ordinary of Marion county, with the suggestion that the physician should also state that the applicant could not make a living in any other way than by manual labor; and, Pension of J. H. Johnson. WHEREAS, The physician amended the application fully, showing applicant to be entitled to be enrolled, but said application was misplaced in some way by the ordinary, so that it reached the commissioner too late to be enrolled for 1906; and, WHEREAS, The said J. H. Johnson has now been fully approved and enrolled on the pension list for 1907; and, WHEREAS, His failure to be enrolled for 1906 is due to no fault or condition of his, but to an oversight of the ordinary; and, WHEREAS, The said J. H. Johnson is very old and feeble, being too weak to work or to earn a living in any way, having to be supported by charity; therefore, Be it resolved by the General Assembly of Georgia, That a pension of sixty dollars be paid to the said J. H. Johnson for the year 1906, and that the Governor of this State be authorized to draw his warrant on the Treasurer of this State for the same. Approved August 21, 1906. APPROPRIATION TO PAY PENSION TO MRS. M. E. LORD. No. 56. A resolution to provide for an unpaid pension of 1904 to Mrs. M. E. Lord, of Jackson county. WHEREAS, W. F. Lord, of the county of Jackson, was on the indigent pension roll of this State, and paid his pension for 1903. WHEREAS, The said W. F. Lord departed this life on the sixteenth day of October, 1903; and, WHEREAS, Under the law and rules of the Commissioner of Pensions in closing the rolls to be paid in 1904 on the first of Page 1150 October, 1903, and W. F. Lord's name being on the roll for 1904 made it too late for his widow, M. E. Lord, to apply in her own right to the pension due her husband for 1904 after his death; Be it resolved by the General Assembly, and it is hereby enacted by the authority of the same, That the sum of sixty dollars be, and the same is, hereby appropriated to pay Mrs. M. E. Lord, of Jackson county, for her pension for 1904, and that the Governor is authorized to draw his warrant on the treasury for the payment of said sum. Pension of Mrs. M. E. Lord. Approved August 21, 1906. APPROPRIATION TO PAY PENSION OF JOHN J. MILES. No. 51. A RESOLUTION. WHEREAS, John J. Miles was, for a number of years prior to 1901, upon a regular application, and on proof, placed upon the pension rolls in the office of the Commissioner of Pensions of this State, under the law provided for pensions for disabled Confederate veterans; and was, up to and including the year 1900, drawing a pension, as such disabled Confederate veteran, in the sum of twenty-five dollars per year; and, WHEREAS, The said John J. Miles, of Fulton county, Georgia, as aforesaid, on or about the eighteenth day of January, 1901, went to the State of Texas on a visit, where he remained until the twenty-fifth day of January, 1903, at which time he returned to Fulton county, said State of Georgia, his permanent home; and, WHEREAS, The said John J. Miles never did renounce Georgia as his place of citizenship, and never intended to change his domicile to any other State; and, WHEREAS, The said John J. Miles, since the twenty-fifth day of January, 1903, has been, and is now, a bona fide resident of said State of Georgia, and has never changed his domicile from said State of Georgia; and, WHEREAS, During the two years absence from said State, to wit: 1901 and 1902, no pension was allowed him, he not being Page 1151 in Georgia in said years, and the pension is now made and provided for him, in and for said years, not having been paid over to him, because of his absence from the State for the two years herein designated; Be it therefore resolved, By the House of Representatives, and Senate concurring: That the Governor be, and he is hereby authorized to draw his warrant on the Treasurer, in favor of the said John J. Miles, for Fifty Dollars, that is, $25.00 for the year 1901, and $25.00 for the year 1902; and the said sum of Fifty Dollars is hereby appropriated for the payment of the same. Pension of John J. Miles. Approved August 21, 1906. APPROPRIATION TO PAY PENSION OF W. R. MORRIS. No. 55. A resolution to provide for the payment of an unpaid pension of 1906 to Mrs. T. A. Morris, window of W. R. Morris. WHEREAS, W. R. Morris, late of the county of Cobb, on the indigent pension roll of this State, and entitled to draw a pension for the year 1906; and, WHEREAS, The said W. R. Morris departed this life on the twenty-fifth day of December, 1905, before said pension for 1906 was paid; and, WHEREAS, Under the law and rules of the Commissioner of Pensions in closing the rolls to be paid in 1906, on the first of October, 1905, the said W. R. Morris' name, being on the roll for 1905, made it too late for the said Mrs. T. A. Morris to apply in her own right for the pension due her for 1906, she having married said W. R. Morris prior to 1860, and is now enrolled for 1907; therefore be it Resolved, by the General Assembly, and it is hereby enacted by the authority of the same, That the sum of sixty dollars be, and the same is, hereby appropriated to pay Mrs. T. A. Morris, of Cobb county, for her pension for 1906, and the Governor is authorized to draw his warrant on the treasury for the payment of said sum. Pension of W. R. Morris. Approved August 21, 1906. Page 1152 APPROPRIATION TO PAY PENSION TO MRS. SARAH MOTE. No. 39. A RESOLUTION. WHEREAS, Mrs. Sarah Mote, of Lumpkin county, Georgia, is the widow of Mr. D. Mote, a deceased Confederate veteran; and WHEREAS, The said D. Mote, a pensioned soldier, having died on the fifteenth day of December, 1905, which date was of such as that the State was not due him any pension for 1906, and his window could not make application and be placed on the pension list for 1906; and, WHEREAS, The said Mrs. Sarah Mote has now made application, and has been placed on the list for 1907; therefore be it Resolved, by the House of Representatives, the Senate concuring, that the sum of sixty dollars be declared to be due the said Mrs. Sarah Mote as an indigent widow for the year 1906; be it Pension of Mrs Sarah Mote. Resolved further, That the Governor of Georgia be, and he is, hereby authorized to draw his warrant upon the Treasurer of Georgia in favor of the said Mrs. Sarah Mote, to be paid out of any moneys not otherwise appropriated; be it Resolved further, That all laws and parts of laws in conflict with this resolution be, and the same are, hereby repealed. Approved August 21, 1906. Page 1153 APPROPRIATION TO PAY PENSION TO MRS. MARY ANN PROCTOR. No. 49. A RESOLUTION. WHEREAS, Moses Alexander Proctor, of Dawson county, Ga., was, prior to October 15, 1905, upon a regular application and on proof placed upon the indigent pension rolls of said county of Dawson, and of record in the office of the Commissioner of Pensions of this State, under the laws providing for pensions for Confederate soldiers, as such Confederate soldier did receive a pension prior to the year 1906, and that on the fifteenth day of October, 1905, said Moses Alexander Proctor departed this life before obtaining his pension for 1906; and, WHEREAS, The widow of said Moses Alexander Proctor, Mrs. Mary Ann Proctor, was married to said Moses Alexander Proctor on the twenty-seventh day of May, 1860, is now old, poor and needy and of good character, and a resident of said Dawson county at this time, and who is an applicant for an indigent pension from said county; therefore be it Resolved, by the House of Representatives, the Senate concurring, That the Governor be, and he is, hereby authorized to draw his warrant on the treasurer in favor of said Mrs. Mary Ann Proctor, for sixty dollars, the same being the amount that would have been due her for the year 1906, and the said sum of sixty dollars is hereby appropriated for the payment of the same. Pension of Mrs. Mary Ann Proctor. Approved August 21, 1906. APPROPRIATION TO PAY PENSION OF M. S. RALSTON. No. 59. A RESOLUTION. WHEREAS, M. S. Ralston, widow of a deceased Confederate soldier, whose pension for the year 1903 had been allowed and approved, died on the twenty-first day of January, 1904, before the money for pensioners of Fannin county was forwarded to Page 1154 the ordinary of said county, and when forwarded did not include her claim; and WHEREAS, W. W. Findley advanced the amount of said claim to provide necessary comforts for her in her last sickness, supposing it could be paid out of her pension claim for 1903; therefore Resolved, by the House, the Senate concurring, That the sum of sixty ($60.00) dollars be, and the same is, hereby appropriated with which to repay said W. W. Findley the amount expended by him in taking care of said deceased widow during her last sickness, and that the proper officials of this State be directed to pay said sum to the said W. W. Findley upon the presentation of the proper vouchers for such expenditures made by said Findley, or so much thereof as proper vouchers are submitted for. Pension of M. S. Ralston. Approved August 21, 1906. APPROPRIATION TO PAY PENSION OF JOHN TYSON. No. 40. A resolution authorizing the payment of the pension to John Tyson for the year 1905. WHEREAS, John Tyson, of Ware county, was duly entered upon the pension rolls of this State from the county of Colquitt, and there was due him the sum of sixty dollars ($60.00) as a pension for the year 1905, which pension has been approved and ordered paid; and WHEREAS, The said John Tyson having removed from the county of Colquitt to the county of Ware, he failed to collect the pension due him for the year 1905; therefore, be it Resolved, by the House of Representatives, the Senate concurring, That the Governor be, and he is, hereby authorized to draw his warrant upon the treasury in favor of said John Tyson for the sum of sixty dollars in payment of the pension due him for the year 1905, and the sixty dollars is hereby appropriated for the same. Pension of John Tyson Approved August 21, 1906. Page 1155 APPROPRIATION TO PAY PENSION TO MRS. ELIZABETH VARDAMAN. No. 30. A RESOLUTION. WHEREAS, Mrs. Elizabeth Vardaman, of the county of Butts, was, prior to her death, which occurred on January 21, 1903, duly and lawfully on the pension rolls of Georgia, as an indigent widow of a Confederate soldier; be it, therefore, Resolved, by the House, the Senate concurring, That the sum of sixty dollars ($60.00) be, and the same is, hereby appropriated with which to pay the pension due said Mrs. Elizabeth Vardaman at the time of her death, and that the proper officials of the State be, and are, hereby directed to pay to the ordinary of said county of Butts, for the use of such persons as may be entitled thereto by reason of services rendered said deceased in her last illness, and to such persons as furnished food, clothing, medical attention and burial necessities to said deceased pensioner, upon proper proof submitted to said ordinary, the balance remaining, if any, of said amounts shall be returned by said ordinary to be covered in the State treasury. Pension of Mrs. Elizabeth Vardaman. Approved July 26, 1906. APPROPRIATION TO PAY PENSION DUE MRS. REBECCA VINSON. No. 43. A RESOLUTION. WHEREAS, Mrs. Rebecca Vinson, widow of John P. Vinson, a Confederate soldier, deceased, was, prior to the year 1905, upon a regular application and on proof, placed upon the pension rolls from the county of Dooly, in the office of the Commissioner of Pensions in the said State, and as such widow did receive a pension of $60.00 per annum prior to 1905, as provided by law, for pensions for widows of Confederate soldiers; and WHEREAS, The said Mrs. Rebecca Vinson departed this life on January 10, 1905, before the pension due her for 1905 was paid; and Page 1156 WHEREAS, The said Mrs. Rebecca Vinson left no estate, and her funeral expenses and physician's bill have not been paid; therefore, be it Resolved, by the House of Representatives, the Senate concurring, for said amount of $60.00 due the said Mrs. Rebecca Vinson as pension for 1905 be declared due her estate; and be it further Resolved, That the Governor be, and is, hereby authorized to draw his warrant upon the Treasurer for the sum of $60.00 in favor of the ordinary of Dooly county, said sum to be applied to the payment of the funeral expenses and physician's bill of Mrs. Rebecca Vinson, pro rata. Pension of Mrs. Rebecca Vinson. Approved August 21, 1906. APPROPRIATION TO PAY PENSION TO MRS. DRUCILLA WHITLEY. No. 46. A RESOLUTION. WHEREAS, Mrs. Drucilla Whitley, of Ware county, Georgia, is widow of Berry Whitley, a deceased Confederate veteran; and WHEREAS, She is now properly on the pension roll and drawing her pension as an indigent widow, as now provided by law; and WHEREAS, The said Mrs. Drucilla Whitley filed proper proof along with a petition placing her upon said roll for the year 1906; and WHEREAS, By reason of delay in the transmission of her said petition caused by providential circumstances the said application did not reach the pensioner until after the examination of such petition had been closed for the year 1906, and as a result of said delay she, the said Mrs. Drucilla Whitley, did not participate in the funds set aside for that year; be it further Resolved, by the House of Representatives, the Senate concurring, That the sum of $60.00 be declared to be due the said Mrs. Drucilla Whitley as an indigent widow for the year 1906; be it further Pension of Mrs. Drucilla Whitley. Resolved, That the Governor of Georgia be, and he is, hereby authorized to draw his warrant upon the Treasurer of Georgia in favor of the said Mrs. Drucilla Whitley, to be paid out of any moneys not otherwise appropriated; be it further Page 1157 Resolved, That all laws and parts of laws in conflict with this resolution be, and the same are, hereby repealed. Approved August 21, 1906. FOR RELIEF OF J. W. WILCOX. No. 501. An Act for the relief of J. W. Wilcox. 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 WHEREAS, J. W. Wilcox was employed as consulting engineer for the year 1884, January 20th, at the Georgia Lunatic Asylum; and WHEREAS, The board of trustees passed the following resolution: WHEREAS, We, the board of trustees of the Georgia State Sanitarium, after a full and thorough investigation of the claim of J. W. Wilcox in the sum of four hundred dollars against the State Lunatic Asylum, and from the evidence obtainable, regard the claim as a just one; Resolved, That we recommend that the Legislature of the State of Georgia pay this claim, or authorize the board of trustees of the Georgia State Sanitarium to do so out of the sanitary fund, this board of trustees feeling that in view of the fact that this debt was contracted a number of years ago, under the former board of trustees, they have not the authority to direct its final settlement. Claim of J. W. Wilcox. Resolved further, That a copy of this resolution, with accampanying documents, be forwarded to Captain Wilcox, that he may take the proper action. Unanimously adopted. And it appearing that the State of Georgia is indebted to said J. W. Wilcox in the sum of four hundred dollars for services rendered; therefore, be it Resolved, That the board of trustees of the Georgia State Sanitarium be authorized and instructed to pay said J. W. Wilcox the sum of four hundred dollars out of whatever funds now in their hands. Approved August 18, 1906. Page 1158 IN RELATION TO RIGHT OF WAY OVER LANDS OF ESTATE OF SHERMAN J. SIMS. No. 57. A RESOLUTION. WHEREAS, In the construction and location of the Northeastern Railroad from the city of Athens, in the county of Clarke, to the town of Lula, in the county of Banks, it became necessary to construct the same in part over the land of the estate of one Sherman J. Sims, late of the county of Jackson and State of Georgia, said land situate in and contiguous to the town of Maysville, in said county of Jackson; and Claim of heirs of Sherman J. Sims. Committee to investigate. WHEREAS, The said corporation did locate and construct its road-bed and equipments across, over, through and upon the said land a distance of 3,350 feet in length and 100 feet in width; and WHEREAS, This use on the part of said corporation was under an agreement, contract or understanding with the widow of deceased that the heirs at law, each and all of them, should be given a pass to ride at any and all times on any and all the passenger trains of said road in consideration of the use and enjoyment of said strip of land so used and enjoyed by said company as aforesaid; and, WHEREAS, When said railroad was taken possession of by his excellency, W. Y. Atkinson, the Governor of said State, he, in attempting to carry out said agreement with these heirs and in order to get the title to this right of way, made to the State, did execute and deliver to each of said heirs a pass (denominated in its face a life pass), and in consideration of said life passes the heirs at law of said Sherman J. Sims did, each and all of them, sign and deliver to said Governor a deed conveying said strip of land in fee simple; and said life passes were always recognized by the conductors on said road while the State owned and operated the same; and WHEREAS, Since the sale of said railroad by the Governor and the purchase of the same by the Southern Railroad, the said railroad has refused to honor their passes and to permit them to travel on said railroad without the payment of regular fare; and WHEREAS, The said Southern Railroad contends that under its purchase it is not bound in any legal manner to honor these passes or any of them; and WHEREAS, Under the contract entered into between his excellency, Page 1159 Governor Atkinson, and these heirs at law of Sherman J. Sims, viz.: Mary Porter, R. B. Porter, Mrs. Lizzie LeMasters, C. H. J. Sims, Essie L. Sims, R. Bennett Sims, Mrs. Amanda J. Sims, Mrs. Louisa J. Lord, Sherman B. Sims, James M. Sims and John C. Sims, a great wrong will be done these people unless they are in some way compensated for the value of the right of way conveyed by them to the State, or the life passes issued to them by the Governor; and WHEREAS, The State can now do justice and settle this question without loss to itself or injury to any person; be it therefore Resolved, That a committee of three from the House and two from the Senate be appointed to investigate all the facts connected with this matterwith power to send for persons and papersand who shall report the facts to the Legislature at its present session, with such resolution and recommendation as will secure to these people their rights, and provide the ways and means of its settlement. Approved August 21, 1906. IN RELATION TO RIGHT OF WAY OVER LANDS OF ESTATE OF SHERMAN J. SIMS. No. 50. A resolution providing for the adjustment of the claim of the heirs at law of Sherman J. Sims against the State of Georgia, growing out of the contract between the State of Georgia and the said heirs, in reference to adjusting the compensation for the right of way of the Northeastern Railroad through the lands of the said Sherman J. Sims, in the counties of Banks and Jackson, in said State, and for other purposes. SECTION 1. Be it resolved by the General Assembly of the State of Georgia, and it is hereby resolved that the Governor is hereby directed to cause proceedings to be instituted under the general laws of this State for the condemnation of property for public use in order to ascertain the value of the land formerly belonging to Sherman J. Sims, and which was taken and used by the Northeastern Railroad Company for right of way. Condemnation of lands of Sherman J. Sims. SEC. 2. Be it further resolved, That the Governor shall require Page 1160 the solicitor-general of the Western circuit to represent the State in said proceedings. SEC. 3. Be it further resolved, That the value of said lands to be ascertained in said proceedings shall be the value of the land at the time the same was originally appropriated by the Northeastern Railroad for right of way, and interest on said amount to be ascertained from the time of the sale of said Northeastern Railroad by the State to the Southern Railroad; and that no evidence of any other value of said land than that at the time the same was taken shall be received on said hearing. SEC. 4. Be it further resolved, That should the Governor be dissatisfied with the award of said board of assessors or arbitration, it shall be his duty to appeal from said award of said arbitrators to the superior court. SEC. 5. Be it further resolved, That when the amount of the value of said land is so ascertained by the final judgment of the court, it shall be the duty of the Governor to certify the amount so found to the next General Assembly in order that an appropriation may be made for the payment of said claim. Approved August 21, 1906. IN RELATION TO LINE BETWEEN STATE OF GEORGIA AND STATE OF TENNESSEE. No. 60. A RESOLUTION. WHEREAS, There is a dispute as to the location of the line between the State of Georgia and the State of Tennessee, and especially as to that part of the line between the counties of Fannin in Georgia and Polk in Tennessee; therefore, be it Line between Georgia and Tennessee. Resolved, by the Senate, the House of Representatives concurring, That the Governor of Georgia be, and he is, hereby requested to confer with the Governor of Tennessee and take such steps as are necessary to settle and locate the line between said States and counties. Approved August 17, 1906. Page 1161 IN RELATION TO APPROPRIATION BY THE UNITED STATES FOR AGRICULTURAL EXPERIMENT STATIONS. No. 34. A RESOLUTION. Be it resolved by the House of Representatives of Georgia, the Senate concurring: SECTION 1. That the assent of the State of Georgia is hereby given to the purpose and provisions of an Act of Congress, approved March 16, 1906, entitled An Act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditure thereof. Agricultural experiment stations. SEC. 2. That the Governor of Georgia is hereby authorized and directed to receive the annual appropriations made to this State in pursuance of the said Act of Congress, approved March 16, 1906, and to hold the same subject to the order of the board of directors of the Georgia Experiment Station, established by Act of the General Assembly of Georgia, approved December 29, 1888, to be expended by the said board of directors in accordance with the provisions of the said Act of Congress approved March 16, 1906. Approved August 18, 1906. IN RELATION TO LOT OF LAND NO. 217 IN THIRD DISTRICT OF WAYNE COUNTY. No. 31. A RESOLUTION. WHEREAS, The General Assembly under resolution approved September 29, 1881, directed the seizure and sale of certain lots of land on the line of the Macon and Brunswick Railroad, for reasons therein stated; and WHEREAS, In the resolution it was recited that lot No. 127, in the third district of Wayne county be seized and sold. In pursuance of the resolution aforesaid the sheriffs of the respective counties seized the lots therein described, except the sheriff of Wayne county seized and sold lot No. 217 in the third district of Wayne county instead of lot No. 127, as directed by the resolution, Page 1162 said seizure being made under an order appearing on the executive minutes, page 164, book of 1882. The lot No. 217 in the third district of Wayne county was purchased at said sale by W. B. Bennett and J. W. Harper at and for the sum of $341.00, which sum of money was paid and receipted for by the sheriff and the proceeds paid into the State Treasury. Lot No. 127, directed to be sold in the resolution aforesaid, was never owned by the Macon and Brunswick Railroad, and was never sold by the sheriff, but at the time of the passage of said resolution was the property of William Sloan and William H. Whaley, and is now owned by their heirs and assigns. It is therefore manifest that the direction in the resolution aforesaid to seize lot No. 127 in the third district of Wayne county is a clerical error, and should have been lot No. 217; therefore be it Title to lot 217 in 3rd district of Wayne county. Resolved, That it is the duty of the State to quitclaim whatever title or interest that it may ever have had in lot No. 217, in the third district of Wayne county, and the State here and now forever quitclaims any title or interest in said lot No. 217 in the third district of Wayne county and as completely pledges its title and interest to the purchasers as if the original resolution had recited lot No. 217 instead of lot No. 127. Approved August 1, 1906. IN RELATION TO A NATIONAL MILITARY PARK NEAR ATLANTA. No. 32. A RESOLUTION. WHEREAS, It is now proposed to make an appeal to the Congress of the United States to enact such legislation as may be necessary to authorize the establishment of a National Military Park on the three battle-fields near AtlantaPeachtree Creek Battle, fought July 20, 1864; Atlanta Battle, fought July 22, 1864; Ezra Church Battle, fought July 28, 1864and to connect these three battle-fields by boulevards or driveways; and National Military Park near Atlanta. WHEREAS, These battles were among the most important of the war; that in the siege and military operations incident thereto, including the three battles named, ten army corps with an aggregate fighting force of about 175,000 men participated; and WHEREAS, The establishment of such park would be of great Page 1163 historic and national interest and value in the preservation of the lines of battle, the scenes of fierce struggles between contending forces, and would enable the several States whose troops were engaged in these battles to erect monuments thereon to the valor of the American soldier; therefore Resolved, by the Senate and House of Representatives of Georgia in general assembly met, That the proposed establishment of said National Military Park and boulevards or driveways connecting the three battle-fields mentioned, is approved and commended, and that our Senators and Representatives in Congress be, and they are, hereby requested to urge the enactment of such legislation as may be necessary for the purpose indicated. Approved August 7, 1906. TO FURNISH CERTAIN BOOKS TO THE CIRCUIT COURT OF APPEALS FOR FIFTH CIRCUIT. No. 29. A RESOLUTION. WHEREAS, A circuit court of Appeals of the United States for the fifth circuit has been established at Atlanta, Georgia, and the judges thereof are required in the administration of the laws governing the causes determined in said court to give effect to the laws of this State as construed by the Supreme Court thereof; be it therefore Books for Circuit Court of Appeals for fifth circuit. Resolved, by the House of Representatives, and the Senate concurring, That the State Librarian be, and he is, hereby authorized to deliver to the clerk of said circuit court of appeals for the use of such court at Atlanta, Georgia, a copy of such Georgia Reports, a copy of the Code and Acts of the General Assembly since the adoption of the Code, published by this State as there may be in the State Library not otherwise specially appropriated or now in use, and that upon the issue of each subsequent volume of said reports or acts, a copy thereof be forwarded to the clerk of said court for the use of said court as aforesaid. Approved July 20, 1906. Page 1164 TO FURNISH CERTAIN BOOKS TO SUPERIOR COURT OF McINTOSH COUNTY. No. 37. A RESOLUTION. Resolved, That the State Librarian be, and he is, hereby authorized to deliver to the clerk of the superior court of McIntosh county for the use of such superior court such copies of volumes of the Supreme Court Reports which he has on hand and not otherwise appropriated, as are missing in the set of reports heretofore furnished said superior court and which were destroyed by fire. Books for McIntosh county. Approved August 18, 1906. IN RELATION TO THE MANAGEMENT OF THE GEORGIA SOLDIERS' HOME. No. 53. A RESOLUTION. WHEREAS, There has come to the knowledge of this Legislature and to the public certain charges against the management of the Georgia Soldiers' Home in the city of Atlanta; and Management of Georgia Soldiers' Home. WHEREAS, The charges, if true, and allowed to go uncorrected, are liable to do great harm to this great institution and to reflect upon the integrity of the State; therefore, be it Resolved, by the House of Representatives, the Senate concurring, That there shall be an investigating committee, composed of seven from the House and three from the Senate, to be appointed by the Speaker of the House and President of the Senate, appointed at once. Resolved further, That said investigating committee be clothed with power to summon witnesses and enforce attendance, and take evidence; that they shall meet at the said Soldiers' Home, and elsewhere in said State that they may deem meet and proper for the conduct of said investigation, and after a full and fair investigation to make a report of their findings to the next Legislature, said investigation and report to be made prior to the first Wednesday in October, 1906, that said next Legislature may take such steps in the premises as they deem proper. Page 1165 Resolved further, That said committee be paid the sum of four dollars each for each day they are in actual service, and that said committee be authorized to employ a stenographer to take down and make out the evidence taken by said committee and that the evidence so taken be filed with the report. Approved August 21, 1906. IN RELATION TO CONFEDERATE CEMETERY AT MARIETTA. No. 62. A RESOLUTION. WHEREAS, Three thousand Confederate soldiers who lost their lives in defense of the Confederacy are buried in the Confederate Cemetery at Marietta, Georgia; and Confederate Cemetery at Marietta. WHEREAS, The Ladies' Memorial Association of Marietta have had the care and charge of said cemetery for many years; and WHEREAS, Said Cemetery was in a neglected condition, grown up in briars and bushes, and said Association has cleared off the grounds, set the whole place in grass, graded and remodled the walks and driveways; put in sewers to convey off surplus water; built a speaker's stand of stone, brick and marble, and have placed marble headstones to each of the three thousand graves, and have lovingly and tenderly cared for said cemetery for the past thirty years; and WHEREAS, The said Ladies' Memorial Association, which holds the title to said cemetery, tenders said cemetery to the State of Georgia and proposes to execute a deed of conveyance of said property to the State; therefore, be it Resolved, by the House of Representatives of Georgia, the Senate concurring, That the State accept said cemetery as its property. Approved August 20, 1906. Page 1166 IN RELATION TO UNFINISHED BUSINESS OF LEGISLATURE. No. 45. A RESOLUTION. Resolved, by the House of Representatives, the Senate concurring, That the Speaker of the House of Representatives and the President of the Senate, the Clerk of the House of Representatives and the Secretary of the Senate be, and they are, hereby authorized to remain at the capitol five days after adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and they be allowed their per diem for said time. Unfinished business of Legislature Resolved further, That the chairmen respectively of the enrolling and auditing committees of the House, together with the members of the House and Senate enrollment committees, and three members of the House auditing committee and three 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 distributing and forwarding 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 15, 1906. Page 1167 INDEX. A ABBEVILLE City court of, established 132 ACADEMY FOR THE BLIND Appropriation for 14 ACADEMY OF RICHMOND COUNTY Trusteeship 476 ADULTERATION OR MISBRANDING Of goods, drugs or liquors 83 AGRICULTURAL COLLEGE Appropriation for 10 AGRICULTURAL INDUSTRIAL AND NORMAL COLLEGE In South Georgia 75 AGRICULTURAL EXPERIMENT STATION Appropriation for by Congress 1161 AGRICULTURAL DEPARTMENT Appropriation for 1138 AGRICULTURE, COMMISSIONER OF Salary of 110 Page 1168 ALBANY City court of, judge, solicitor and juries 142 ALBANY, CITY OF Public-school system 488 ALDORA, TOWN OF Incorporated 491 ALMA, TOWN OF New charter for 496 AMERICUS, CITY OF Charter amended 508 APPROPRIATIONS For support of government 7 For an agricultural college 10 For Technological School 12 For State Normal School 13 For Academy for the Blind 14 For Georgia Normal and Industrial College 15 For North Georgia Agricultural College 16 For Georgia School for the Deaf 17 For Statue of Gen'l John B. Gordon 18 For Confederate Soldiers' Home 19 For Jamestown Exposition 1138 For monument to General Oglethorpe 1139 For Georgia State Reformatory 1141 To pay T. R. Penn 1142 To pay pension of R. R. Bates 1142 To pay pension of L. D. Bellisle 1143 To pay pension of Jas. H. Brawner 1144 To pay pension of G. W. Cone 1144 To pay pension of James M. Creel 1145 To pay pension of Jasper Deese 1146 To pay pension of A. M. Eason 1146 To pay pension of Jordan Fennel 1147 Page 1169 To pay pension of Mrs. Jane Fogg 1147 To pay pension of Mrs. M. F. Garrett 1148 To pay pension of J. H. Johnson 1148 To pay pension of Mrs. M. E. Lord 1149 To pay pension of John J. Miles 1150 To pay pension of W. R. Morris 1151 To pay pension of Mrs. Sarah Mote 1152 To pay pension of Mrs. Mary Ann Proctor 1153 To pay pension of Mrs. M. S. Ralston 1153 To pay pension of John Tyson 1154 To pay pension of Mrs. Elizabeth Vardaman 1155 To pay pension of Mrs. Rebecca Vinson 1155 To pay pension of Drucilla Whiteley 1156 ASHBURN, CITY OF New charter for 509 City court of, abolished 149 City court of, established 150 ATLANTA Criminal court of, judge's salary 159 ATTACHMENTS AGAINST NON-RESIDENTS Situs of suits 120 AUBURN, TOWN OF Charter amended 540 B BAKER COUNTY County court of, abolished 386 BAILIFFS Compensation of 119 Page 1170 BAINBRIDGE City court of, insolvent costs in 160 BAXLEY, CITY OF Charter amended 541 BEN HILL COUNTY Created 28 BIBB COUNTY Appropriation for libraries 394 BLAKELY City court of established 161 Dispensary law amended 542 BLUE RIDGE, CITY OF Charter amended 544 BOSTON, TOWN OF Charter amended 545 BOYNTON SCHOOL DISTRICT Incorporated 464 BREMEN, CITY OF Charter amended 548 State depository in 34 BROOKLET, TOWN OF Incorporated 548 BROXTON, CITY OF Charter amended 555 Page 1171 BRUNSWICK, CITY OF Charter amended 561 Charter amended 562 Charter amended 570 City court of, solicitor, fines, etc 171 BRUNSWICK CIRCUIT Terms of superior courts 49 BUFORD City court of, solicitor 174 City court of, abolished 175 City court of, established 176 BUTLER, TOWN OF State depository in 35 Charter amended 572 C CAIRO, CITY OF Incorporated 573 State depository in 35 City court of, established 191 CALHOUN, TOWN OF Charter amended 588 City court of established 200 CALHOUN COUNTY County court of abolished 387 Ordinary, ex-officio clerk of commissioners 394 CAMILLA City Court of, judge, solicitor, etc 209 CANON, TOWN OF Charter amended 589 Page 1172 CARTERSVILLE, CITY OF New charter for 590 CATOOSA COUNTY Speed of automobiles, etc., regulated 395 Boynton school district in, incorporated 464 CENTER, TOWN OF Incorporated 621 CHATSWOOD, TOWN OF Incorporated 626 CHATTAHOOCHEE COUNTY Clerk superior court of 397 Manufacture of liquors 397 CHATTOOGA COUNTY Manufacture of liquors in 398 CHICKAMAUGA SCHOOL DISTRICT Corporate limits 469 CHILD LABOR In factories regulated 98 CHIPLEY, TOWN OF Public school system 634 CHULA, TOWN OF Charter repealed 639 CIRCUIT COURT OF APPEALS FOR FIFTH CIRCUIT Books for 1163 Page 1173 CITY COURTS Salary of judges 58 Stenographers for 49 CLARKSTON, TOWN OF Public school system 639 CLIMAX, TOWN OF New charter for 640 CODE AMENDMENTS Volume 1, section 574, commutation tax 31 Volume 1, section 735, redemption of property sold for municipal tax 32 Volume 1, section 982, State depository in Bremen 34 Volume 1, section 982, State depository in Butler 35 Volume 1, section 982, State depository in Cairo 35 Volume 1, section 982, State depository in Franklin 36 Volume 1, section 982, State depository in Georgetown 36 Volume 1, section 982, State depository in Gibson 37 Volume 1, section 982, State depository in Jonesboro 38 Volume 1, section 982, State depository in Jeffersonville 38 Volume 1, section 982, State depository in McDonough 39 Volume 1, section 982, State depository in Ringgold 40 Volume 1, section 982, State depository in Rochelle 40 Volume 1, section 982, State depository in Talbotton 41 Volume 1, section 982, State depository in Tallapoosa. 41 Volume 1, section 982, State depository in Tifton 42 Volume 2, section 3693, promissory notes, due on holiday, when payable 43 Volume 2, section 4102, justice's court, in cities, jurisdiction, etc 44 Volume 2, section 5404, fees of constables 45 Volume 3, section 629, votes, buying or selling, a misdemeanor 4 46 COLLEGE PARK, CITY OF Charter amended 650 Page 1174 COLQUITT, TOWN OF Dispensary law of, amended 651 COMMERCE, CITY OF Charter amended 652 COMMISSIONER OF AGRICULTURE Salary of 110 COMMISSIONER OF PENSIONS Salary of 110 COMMUTATION TAX Who are subject to 31 CONFEDERATE CEMETERY AT MARIETTA Accepted by State 1165 CONFEDERATE FLAGS Preservation of 122 CONSTABLES Fees of 45 CONSTITUTION Amendment to, (Court of Appeals) 24 Amendment to, (Ben Hill County) 28 CONVICTS, HIRE OF Hire prorated to new counties 113 CORDELE CIRCUIT Counties in 50 Terms of court 51 Page 1175 CORDELE, CITY OF City court of, established 212 Charter amended 658 CORINTH, TOWN OF Charter amended 660 CORNMEAL Weight and sale of, regulated 118 CORNELIA, TOWN OF Charter amended 661 CORPORATIONS Returns of, to Secretary of State 105 COUNTY OF BEN HILL Created 28 COUNTIES Co-operation of, to maintain intercounty improvements 103 COUNTY LINES In towns and cities, how changed 121 COURT OF APPEALS Establishment of 24 COURTS, JUSTICES Places for holding in cities 44 COURTS (CITY AND COUNTY) City court of Abbeville established 132 Page 1176 City court of Albany, Act establishing amended 147 City court of Ashburn abolished 149 City court of Ashburn established 150 Criminal court of Atlanta, judge's salary 159 City court of Bainbridge, insolvent costs in 160 City court of Blakely established 161 City court of Brunswick, Act creating amended 171 City court of Buford, Act creating amended 174 City court of Buford abolished 175 City court of Buford established 176 City court of Cairo established 191 City court of Calhoun established 200 City court of Camilla, Act creating amended 209 City court of Cordele established 212 City court of Dublin, Act creating amended 228 City court of Early county abolished 229 City court of Eastman, Act creating amended 230 City court of Ellaville established 233 City court of Fitzgerald, Act creating amended 244 City court of Floyd county, Act creating amended 248 City court of Greeneville, Act creating amended 251 City court of Jefferson, judge, solicitor and clerk, election of 252 City court of Leesburg, Act creating amended 253 City court of Leesburg, Act creating amended 256 City court of Louisville established 257 City court of Monroe, Act creating amended 270 City court of Montgomery county abolished 273 City court of Monticello established 274 City court of Moultrie, Act creating amended 286 City court of Mount Vernon established 288 City court of Newton established 303 City court of Polk county, Act creating amended 314 City court of Polk county, Act creating amended 315 City court of Polk county, Act creating amended 317 City court of Polk county, Act creating amended 318 City court of Pulaski county established 320 City court of Reidsville, salary of judge 329 City court of Sparta, Act creating amended 331 City court of Statesboro, salary of judge 332 City court of Statesboro, election of judge 333 City court of Statesboro, election of solicitor 334 Page 1177 City court of Swainsboro abolished 335 City court of Swainsboro established 337 City court of Sylvester, Act creating amended 352 City court of Tifton abolished 357 City court of Tifton established 358 City court of Valdosta, Act creating amended 369 City court of Whigham established 371 City court of Wrightsville, Act creating amended 381 County court of Baker county abolished 386 County court of Calhoun county abolished 387 County court of Crisp county abolished 387 County court of Grady county abolished 388 County court of Jasper county abolished 389 County court of Jefferson county abolished 390 County court of Turner county abolished 391 County court of Wilcox county abolished 391 COURTS (SUPERIOR) Terms of, in Brunswick circuit 49 For counties in Cordele circuit 50 Terms of, in Cordele circuit 51 Terms of, in Crawford county 52 Terms of, in Franklin county 53 Terms of, in Habersham county 54 Terms of, in Marion county 54 Terms of, in Muscogee county 55 Judges of, salary of 56 Judges of, compensation for service 57 Reporters of, compensation of 58 COWETA COUNTY Election of county commissioners 399 Road tax 401 CRAWFORD SUPERIOR COURT Terms of 52 CRAWFORDVILLE, CITY OF Charter amended 662 Page 1178 CRISP COUNTY County court of, abolished 387 Public roads in municipalities 401 CROSLAND, TOWN OF Incorporated 666 CULLODEN, CITY OF Public-school system abolished 668 D DALLAS, TOWN OF Charter amended 669 DAWSON, CITY OF Charter amended 671 Public school system 670 DECATUR, TOWN OF Charter amended 674 DECATUR COUNTY Election of commissioners, etc 403 DILLARD, TOWN OF Incorporated 676 DONALSONVILLE, TOWN OF New charter for 682 DOUGLAS, CITY OF Charter amended 707 Charter amended 709 Page 1179 DOUGLAS COUNTY Sale of alcohol 414 DOUGLASVILLE, TOWN OF Charter amended 711 DUBLIN City court of, fees of clerk and sheriff 228 DULUTH, TOWN OF New charter for 712 E EARLY COUNTY City court of, abolished 229 EASTMAN City court of, solicitor, fines, forfeitures, etc 230 EAST ROME, TOWN OF Charter amended 727 EASTVILLE, TOWN OF Incorporated 728 EDGEWOOD, TOWN OF Charter amended 731 EDISON, CITY OF Incorporated 737 ELBERTON, CITY OF Charter amended 745 Page 1180 ELECTIONS Buying or selling votes or voting illegally 46 ELLAVILLE, CITY OF Incorporated 748 City court of, established 233 ENIGMA, TOWN OF Incorporated 749 EPWORTH, TOWN OF Incorporated 754 EXPERIMENT STATION Appropriation for, by Congress 1161 F FAIRBURN, TOWN OF Charter amended 758 FISH CULTURE Land for, ceded to U. S. 125 FITZGERALD City court of, fines, forfeitures, etc 244 FLOYD COUNTY City court of, judge, jurors, etc 248 Compensation of officers 414 FORSYTH COUNTY Drainage 415 Page 1181 FORT GAINES, TOWN OF Public school system 759 Water and lights 760 FRANKLIN COUNTY Board of Commissioners abolished 417 Board of commissioners created 418 Superior courts, terms of 53 FRANKLIN, TOWN OF State depository in 36 FRAUDULENT PACKING AND SALE Of flour, etc 111 FUNSTON, TOWN OF Incorporated 761 FUTURES Dealing in, prohibited 95 G GEORGIA STATE REFORMATORY Appropriation for 1141 GEORGETOWN, TOWN OF New charter for 763 State depository in 36 GIBSON, TOWN OF State depository in 37 GLASCOCK COUNTY Board of commissioners created 421 Page 1182 GLYNN COUNTY Clerk of commissioners 423 GODFREY, TOWN OF New charter for 769 GORDON, GEN. JOHN B. Equestrian statue 18 GRADY COUNTY Board of commissioners for 424 County court of, abolished 388 GREENEVILLE City court of, jurisdiction 251 GRIFFIN, CITY OF Charter amended 774 Charter amended 775 GUYTON, TOWN OF Charter amended 776 GWINNETT COUNTY Speed of automobiles, etc., regulated 426 Justice court jurors, compensation 428 H HABERSHAM SUPERIOR COURT Terms of 54 HAGAN, CITY OF Incorporated 777 Page 1183 HAGAN, TOWN OF Charter repealed 795 HAHIRA, TOWN OF Charter amended 795 HARLEM, TOWN OF Charter amended 797 HAWKINSVILLE, CITY OF Charter amended 808 HELENA, CITY OF Charter amended 809 HICKOX, TOWN OF Incorporated 812 HIRAM, TOWN OF New charter for 814 HOGANSVILLE, TOWN OF Dispensary abolished 819 HOLLY SPRINGS, TOWN OF Incorporated 819 HOUSTON COUNTY Compensation of officers 429 HULL, TOWN OF Charter amended 822 Page 1184 I INSURANCE POLICIES Terms of 107 INSURANCE, LIFE, ON RESERVE PLAN Deposit of securities for policies 107 IRON CITY, TOWN OF Charter amended 824 IRWIN COUNTY Retailing liquor 430 JACKSON CITY OF Charter amended 825 JAMESTOWN EXPOSITION Appropriation for 1138 JASPER COUNTY County court of, abolished 389 JEFFERSON City court of, officers 252 JEFFERSON COUNTY County court of, abolished 390 JEFFERSONVILLE State depository in 38 JENKINS COUNTY Boundaries of 83 Board of commissioners for 431 Page 1185 JENKINSBURG SCHOOL DISTRICT Taxation 471 JONESBORO State depository in 38 JUNCTION CITY, TOWN OF Incorporated 826 JUDGES OF SUPERIOR COURTS Compensation of 57 Salary of 56 JUSTICES' COURTS Where held in cities 44 L LAKE PARK, TOWN OF Charter amended 830 LANDS ACQUIRED BY U.S. Jurisdiction ceded 126 LAURENS COUNTY Board of comimssioners for 434 Compensation of officers 436 LAWSON, TOWN OF Incorporated 831 LEE COUNTY Election of commissioners, etc 437 Sale of liquors in Smithville 438 Page 1186 LEESBURG City court of, judge and solicitor 253 City court of, juries 256 LIFE INSURANCE POLICIES ON RESERVE PLAN Deposit of Securities for 107 LOUISVILLE City court established 257 LOWNDES COUNTY Board of commissioners 439 M MACON, CITY OF Bicycles on sidewalks of suburbs 835 MADISON, CITY OF Waterworks bonds 836 Charter amended 837 MADISON COUNTY Election of a commissioner 441 MANSFIELD, TOWN OF New charter for 838 MARION SUPERIOR COURT Terms of 54 MARIETTA, CITY OF Waterworks bonds 846 Charter amended 849 Page 1187 MARSHALLVILLE, TOWN OF Incoporated 850 M'DONOUGH State depository in 39 M'INTOSH COUNTY Books for superior court of 1164 MILAN, TOWN OF Incorporated 859 MILLEN, TOWN OF Charter repealed 867 MILLEN, CITY OF Incorporated 868 MONROE, CITY OF Charter amended 894 Charter amended 895 City court of, terms, etc 270 MONTGOMERY COUNTY City court of, abolished 273 Salaries of commissioners 444 MONTICELLO, CITY OF Charter amended 904 City court of, established 274 MORGAN, CITY OF Incorporated 903 Page 1188 MOULTRIE City court of, judge 286 MOUNT VERNON City court of, established 288 MULLIS, TOWN OF Incorporated 906 MUSCOGEE SUPERIOR COURT Terms of 55 N NASHVILLE, CITY OF Charter amended 910 NATIONAL MILITARY PARK Near Atlanta, recommended 1162 NAYLOR, TOWN OF Incorporated 912 NEW COUNTIES Pro rata share of convict hire 113 Pro rata share of school fund 117 NEWNAN, CITY OF Public school system 937 NEWTON, TOWN OF Charter repealed 939 Page 1189 NEWTON, CITY OF Incorporated 940 City court of, established 303 NEWTON COUNTY Sale of seed cotton regulated 445 NORMAL SCHOOL Appropriation for 13 NORMAL AND INDUSTRIAL COLLEGE Appropriation for 15 NORMAN PARK, CITY OF Charter amended 943 NORTH GEORGIA AGRICULTURAL COLLEGE Appropriation for 16 Board of trustees 78 NORTH ROME, TOWN OF Charter repealed 943 NOTES, ETC. Due on holiday, when payable 43 O OAK PARK, TOWN OF Incorporated 959 OCILLA, CITY OF Dispensary abolished 962 Page 1190 OFFERMAN, TOWN OF Incorporated 963 OGLETHORPE, GEN'L JAMES Monument to 1139 OMAHA, TOWN OF New charter for 946 P PARK, NATIONAL MILITARY Near Atlanta, recommended 1162 PEARSON, TOWN OF New charter for 965 PELHAM, TOWN OF Charter amended 975 PENDERGRASS, TOWN OF Charter amended 979 PENN, T. R. Per diem of 1142 PENSIONS Of R. R. Bates 1142 Of L. D. Bellisle 1143 Of James H. Brawner 1144 Of G. W. Cone 1144 Of James M. Creel 1145 Of Jasper Deese 1146 Of A. M. Eason 1146 Of Jordan Fennell 1147 Page 1191 Of Mrs. Jane Fogg 1147 Of Mrs. M. F. Garrett 1148 Of Mrs. J. H. Johnson 1148 Of Mrs. M. E. Lord 1149 Of Mrs. John J. Miles 1150 Of Mrs. W. R. Morris 1151 Of Mrs. Sarah Mote 1152 Of Mrs. Mary Ann Proctor 1153 Of Mrs. M. S. Ralston 1153 Of Mrs. John Tyson 1154 Of Mrs. Elizabeth Vardaman 1155 Of Mrs. Rebecca Vinson 1155 Of Mrs. Drucilla Whiteley 1156 PENSIONS, COMMISSIONER OF Salary 110 PEPPERTOWN, TOWN OF Charter amended 986 PLACES OF PUBLIC AMUSEMENTS Outside limits of city 123 POLK COUNTY City court of, judge 314 City court of, judge 315 City court of, officers 317 City court of, solicitor 318 POULAN, TOWN OF Charter repealed 987 POULAN, CITY OF Incorporated 988 PROMISSORY NOTES, ETC. Due on holiday, when payable 43 Page 1192 PUBLIC PROPERTY Liable for street improvement 119 PUBLIC SCHOOL FUND Apportionment to new counties 117 PUBLIC SCHOOLS Local tax for 61 PUBLIC ROADS Local elections 116 PULASKI COUNTY City court of, established 320 Dispensaries abolished 445 R RABUN COUNTY Fishing in Tallulah river 446 RAILROADS Liability of for damage to property in transit 102 RAILROAD COMMISSIONERS Election of 100 RAILROAD STATIONS Accommodations for public at night 101 REDEMPTION OF PROPERTY Sold for municipal tax 32 REFORMATORY, GEORGIA STATE Appropriation for 1141 Page 1193 REIDSVILLE City court of, salary of judge 329 REPORTERS OF SUPERIOR COURTS Compensation of 58 RINGGOLD State depository in 40 ROADS, PUBLIC Local elections 116 ROAD-HANDS Who are subject as such 31 ROCHELLE State depository in 40 ROCKDALE COUNTY Board of commissioners 446 ROME, CITY OF Bond issue 1005 Registration of bonds, etc. 1008 Charter amended 1010 Charter amended 1014 S SAINT GEORGE, CITY OF Incorporated 1024 Page 1194 SAVANNAH, CITY OF Jurisdiction of police court 1033 Grant to Young Men's Christian Association 1038 Charter amended 1039 Confirmation of deed 1039 SCHOOL FOR THE DEAF Appropriation for 17 SCHOOL OF AGRICULTURE AND MECHANICS For each congressional district 72 SENATORIAL DISTRICTS Counties in each 80 SENOIA, CITY OF Incorporated 1040 SHERIFFS Compensation of 119 SIMS, SHERMAN J. Claim of heirs of, for right of way 1158 Claim of heirs of, for right of way 1159 SOLDIERS' HOME, CONFEDERATE Appropriation for 19 Salary of superintendent 124 Management of 1164 SMITHVILLE Sale of liquors 438 SPALDING COUNTY Compensation of commissioners 447 Page 1195 SPARTA City court of, stenographers for 331 SPARKS, TOWN OF Charter amended 1055 STATE BOARD OF HEALTH Jurisdiction; etc 112 STATE LINE Between Georgia and Tennessee 1160 STATESBORO City court of, salary of judge 332 City court of, election of judge 333 City court of, salary of solicitor 334 STREET IMPROVEMENT Public property liable for 119 STENOGRAPHERS OF SUPERIOR COURTS Compensation of 58 STURGEONS Catching of, law prohibiting repealed 125 SUMMERTOWN, TOWN OF Incorporated 1056 SUMMERVILLE, VILLAGE OF Charter amended 1070 SUMTER COUNTY Compensation of commissioners 448 Page 1196 SWAINSBORO, CITY OF Charter amended 1072 City court of, abolished 335 City court of, established 337 SYLVESTER City court of, Act creating amended 352 T TALBOT COUNTY Drainage 449 TALBOTTON State depository in 41 TALLAPOOSA State depository in 41 TATTNALL COUNTY Board of commissioners abolished 451 Board of commissioners created 451 TAXES For 1906 and 1907 21 Municipal, sales for 32 Local for public schools 61 TECHNOLOGICAL SCHOOL Appropriation for 12 TENNILLE, CITY OF New charter for 1073 Page 1197 TIFTON, CITY OF State depository in 42 City court of, abolished 357 City court of, established 358 Charter amended 1089 Charter amended 1089 Charter amended 1090 TITLE TO LOT 217 IN THIRD DISTRICT WAYNE COUNTY Confirmed 1161 TOOMSBORO, TOWN OF Charter amended 1091 TOWNS COUNTY Sale of beverages near Young Harris College 455 TROUP COUNTY Commissioners, powers and duties 456 Sale of liquors in West Point 458 TURNER COUNTY City court of, abolished 391 Compensation of ordinary 459 TY TY, TOWN OF Incorporated 1092 Charter repealed 1102 U UNIVERSITY OF GEORGIA Non-resident trustee 77 Page 1198 UNFINISHED BUSINESS OF LEGISLATURE For completion of 1166 V VALDOSTA City court of, Act creating amended 369 Charter amended 1103 VIDALIA, CITY OF Public-school system 1104 Incorporated 1109 VIENNA, CITY OF Charter amended 1111 Charter amended 1111 VOTES Buying or selling prohibited 46 W WALKER COUNTY Speed of automobiles, etc., regulated 460 Chickamauga school district 469 WARRENTON, TOWN OF Charter amended 1113 WAYCROSS, CITY OF Charter amended 1115 WEST POINT, CITY OF Charter amended 1116 Sale of liquors 458 Page 1199 WILCOX COUNTY County court of, abolished 391 WILCOX, J. W. Payment of claim authorized 1157 WILCOX COUNTY Disbursement of county funds 462 WINDER, CITY OF Incorporated 1116 WINSTON, TOWN OF Incorporated 1119 WHIGHAM City court of, established 371 WOODSTOCK, TOWN OF Charter amended 1122 WRIGHTSVILLE City court of, Act creating amended 381 WRIGHTSVILLE SCHOOL DISTRICT Incorporated 477 Y YATESVILLE, TOWN OF Charter amended 1124 Page 1200 YONNKER, TOWN OF Incorporated 1126 YOUNG HARRIS COLLEGE Sale of liquors prohibited 455 Page 1201 TREASURER'S REPORT. Page 1202 EXHIBIT No. 1. R. E. Park, Treasurer, in account with the State of Georgia, from January 1, 1905, to December 31, 1905, both inclusive. Dr. Cr. To balance in the Treasury, January 1, 1905 $ 1,013,712 75 By Academy for Blind $ 18,000 00 To Artists' Tax $ 1,566 18 By Binding Journals 550 00 To Auctioneers' Tax 677 99 By Civil Establishment 142,261 53 To Automobile Tax 585 00 By College for Colored 8,000 00 To Ball and Bicycle Parks 238 50 By [Illegible Text] of Records 2,479 92 To Bicycle Companies 729 00 By Contingent Fund 11,595 86 To Building and Loan Associations 30 00 By Confederate Roster 3,051 75 To Billiard Tax 10,646 59 By Contingent Fund Railroad Commission 800 00 To Cigarette Tax 9,031 21 By Contingent Fund Supreme Court 1,130 58 To Cost on Fi. Fas 50 By Copying Records 853 21 To Detective Agencies 90 00 By Department of Agriculture 10,000 00 To Dividends from Stocks 2,596 00 By Disabled Soldiers' Pensions 165,534 65 To Express Companies' Tax 12,958 33 By Farmers' Institute 1,500 00 To Franchise Tax 2,480 53 By Fertilizers' Fund 10,116 74 To Fees from Inspecting Fertilizers 40,000 00 By Files for Supreme Court 981 06 To General Tax. 2,201,213 77 By Georgia State Sanitarium 337,500 00 To Gypsy Tax 563 50 By Georgia State Sanitarium, Special 3,000 00 To Hire of Convicts 327,625 12 By Geological Fund 8,217 20 To Insolvent General Tax 3,415 69 By Georgia Normal and Industrial College 22,900 00 To Insolvent Poll Tax 1,100 21 By Horticultural Fund 8,574 96 To Insurance Fees 19,178 00 By Incidental Expense General Assembly 85 40 To Insurance Agents 10,720 00 By Indexing House and Senate Journals 150 00 To Insurance Tax 116,466 52 By Indigent Soldiers' Pensions 414,340 00 To Interest from Depositories 7,451 36 By Inspection of Oils 1,256 75 To Investment Cos 800 00 By Land Scrip Fund Interest 6,314 14 To Liquor Tax 181,515 18 By Legislative Pay Roll 63,122 20 To Money Refunded 902 68 By Library Fund 2,029 28 To North [Illegible Text] Railroad [Illegible Text] By Military Fund 19,000 00 To Office Fees [Illegible Text] By North Georgia College [Illegible Text] 15,000 02 To Oil Fees 11,479 77 By Overpayment Taxes Refunded. 9,121 16 To Pawn Brokers' Tax 4,230 00 By Prison Fund 323,370 52 To [Illegible Text] Tax [Illegible Text] 00 By Printing Fund 18,970 87 To Pensions Refunded 410 75 By Printing Fund Geological Department [Illegible Text] To [Illegible Text] Tax 8,035 50 By Printing Fund Railroad Commission 985 40 To Poll Tax 269,268 97 By Public Buildings and Grounds 18,500 00 To [Illegible Text] Tax [Illegible Text] By [Illegible Text] Georgia Reports 6,722 94 To Real Estate Agents [Illegible Text] By Public [Illegible Text] [Illegible Text] To Rental Western Atlantic Railroad 420,012 00 By Reprinting Georgia Reports, old 7,619 21 To Sale of Acts 593 90 By School for the Deaf. 30,000 00 To Sale of Cartridges 97 76 By Reward Fund 1,950 00 To Sale of Codes 774 75 By Summer School 5,000 00 To Sale of Reports 11,131 70 By School Warrants 1,574,453 61 To Sale of Records 147 00 By School of Technology 45,000 00 [Illegible Text] [Illegible Text] [Illegible Text] 15,000 00 [Illegible Text] [Illegible Text] By Solicitor Generals' Fees [Illegible Text] To Show Tax 8,127 00 By Special Appropriations, Miscellaneous [Illegible Text] To Sale School Lands 4,460 44 By Special [Illegible Text] to Pensioners, Act 1905 26,262 60 To Supreme Court Costs [Illegible Text] 75 By State [Illegible Text] School (Athens) 22,500 00 To Tax on Agencies 496 00 By State Normal School Buildings 10,000 00 To Tax on Abstract Companies 54 00 By State University 30,500 00 To Tax on Brewing Companies 1,440 00 By Stationery General Assembly 503 40 [Illegible Text] 27 00 By State [Illegible Text] of [Illegible Text] 6,365 99 [Illegible Text] [Illegible Text] By Temporary Loan [Illegible Text] To Tax on Cold Storage 8,281 68 By Widows' Pensions [Illegible Text] To Tax on Futures 25,200 00 By Widows' Pensions, [Illegible Text] 120,102 15 To Tax on Games 1,912 03 Total Disbursements $ 4,260,844 36 To Tax on Loan Agents 396 00 To balance in the State Treasury, December 31, 1905 1,015,463 81 To Tax on Slot Machines 917 85 $ 5,276,308 17 To Tax on [Illegible Text] 162 00 To Tax on [Illegible Text] Car [Illegible Text] 1,617 [Illegible Text] To Tax on Typewriter Agents or Dealers 180 00 To Tax on Telegraph Companies 5,160 37 To Tax on Telephone Companies 9,967 02 To Temporary Loan 100,000 00 To Tax on White Hops 919 [Illegible Text] To Wild Land Tax 119 31 4,262,595 42 Total [Illegible Text] $ 5,276,808 17 Page 1205 SUPREME COURT OF GEORGIA. HON. WILLIAM H. FISH Chief Justice. HON. ANDREW J. COBB Presiding Justice. HON. BEVERLY D. EVANS Associate Justice. HON. JOSEPH HENRY LUMPKIN Associate Justice. HON. MARCUS W. BECK Associate Justice. HON. SAMUEL C. ATKINSON Associate Justice. GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. Z. D. HARRISON Clerk. LOGAN BLECKLEY Deputy Clerk. JAMES W. VAUGHN Sheriff. Page 1206 SUPERIOR COURT CALENDAR FOR 1907. ALBANY CIRCUIT. HON. 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. HON. JOHN T. PENDLETON, Atlanta, Judge; C. D. HILL, Atlanta, Solicitor-General. FultonFirst Mondays in January, March, May, July, September and November. ATLANTIC CIRCUIT. HON. PAUL E. SEABROOK, Pineora, Judge; N. J. NORMAN, 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. HON. 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. Page 1207 BLUE RIDGE CIRCUIT. HON. 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. BRUNSWICK CIRCUIT. HON. 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. WayneThird Monday in March and fourth Monday in November. CHATTAHOOCHEE CIRCUIT. HON. 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. MuscogeeFirst Mondays in February, May, August and November. TalbotSecond Mondays in March and September. TaylorFirst Mondays in April and October. CHEROKEE CIRCUIT. HON. A. W. FITE, Cartersviile, 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. hitfieldFirst Monday in April and second Monday in October. Page 1208 CORDELE CIRCUIT. HON. U. V. WHIPPLE, Cordele, Judge; WALTER F. GEORGE, Cordele, Solicitor-General. Ben HillFirst Mondays in April and October. CrispThird and Fourth Mondays in February and July. DoolyFirst and Second Mondays in February and July. IrwinFirst and Second Mondays in March and September. WilcoxThird and Fourth Mondays in March and September. COWETA CIRCUIT. HON. R. W. FREMAN, 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. EASTERN CIRCUIT. HON. GEO. T. CANN, Savannah, Judge; W. W. OSBORNE, Savannah, Solicitor-General. ChathamFirst Mondays in March, June, October and December. FLINT CIRCUIT. HON. 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. HOM. W. H. FELTON, JR., Macon, Judge; WM. BRUNSON, Macon, Solicitor-General. BibbThird Mondays in January, April and July and first Monday in November. CrawfordThird Monday in March and fourth Monday in October. HoustonFirst Mondays in April and October. Page 1209 MIDDLE CIRCUIT. HON. 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. HON. JOHN J. KIMSEY, Cleveland, Judge; W. A. CHARTERS, Dahlonega, Solicitor-General. DawsonSecond Monday in February and first Monday in August. HabershamFirst Monday in March and second Monday in August. 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. NORTHERN CIRCUIT. HON. 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. Page 1210 OCMULGEE CIRCUIT. HON. H. G. LEWIS, Siloam, Judge; J. E. POTTIR, 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. LaureusFourth 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. HON. J. H. MARTIN, Hawkinsville, Judge; E D. GRAHAM, McRae, Solicitor-General. DodgeThird and Fourth Mondays in May and November. 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. PATAULA CIRCUIT. HON. W. C. WORRILL, Cuthbert, 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. TerrellFourth Mondays in May and November. ROME CIRCUIT. HON. 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. Page 1211 SOUTHERN CIRCUIT. HON. R. G. MITCHELL, Thomasville, Judge; W. E. THOMAS, Valdosta, Solicitor-General. BerreinThird 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. HON. Z. A. LITTLEJOHN, Americus, Judge; F. A. HOOPER, Americus, Solicitor-General. 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. HON. 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. HON. PRICE EDWARDS, Buchanan, 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 1212 WESTERN CIRCUIT. HON. CHARLES H. BRAND, Athens, Judge; S. J. TRIBBLE, Athens, Solicitor-General. BanksThird Mondays in March and September. ClarkeSecond Mondays in April and October. FranklinFourth 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.