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 19070000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1907 19070000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA, GA THE FRANKLIN-TURNER COMPANY PRINTERS, PUBLISHERS, BINDERS 1907

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TABLE OF TITLES. PART I.PUBLIC LAWS. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.AMENDMENT TO CONSTITUTION TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.MISCELLANEOUS. PART II.LOCAL LAWS. TITLE I.CITY, COUNTY AND DISTRICT COURTS. TITLE II.MISCELLANEOUS. PART III.CORPORATIONS. TITLE IMUNICIPAL CORPORATIONS. TITLE II.BANKING CORPORATIONS. PART IV.RESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1907. Part I.PUBLIC LAWS. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.AMENDMENT TO CONSTITUTION. TITLE IV.CODE AMENDMENT. TITLE V.SUPERIOR COURTS. TITLE VI.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACTS. For support of the government for the years 1908 and 1909. To pay salaries and expenses of Court of Appeals for 1907. To supply deficiencies for year 1907. FOR SUPPORT OF THE GOVERNMENT FOR THE YEARS 1908 AND 1909. No. 245. An Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government; for the payment of the public debt and interest thereon; for the support of the public institutions and the educational interests of the State, for each of the fiscal years 1908 and 1909, and for other purposes. EXECUTIVE DEPARTMENT. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated

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on account of and for the support of the executive department of the State government for each of the fiscal years 1908 and 1909, to the persons and for the purposes respectively hereinafter mentioned and set forth, to wit: Appropriations for Executive Department. For the salary of the governor, five thousand dollars. For the salary of the Secretary of State, two thousand dollars. For the salary of the State Treasurer, two thousand dollars. For the salary of the Comptroller-General, two thousand dollars. For the salary of the Attorney-General, three thousand dollars. For the salary of the Assistant State Bank Examiner, one thousand two hundred dollars. For the salaries of the secretaries and clerks of the executive department, six thousand dollars. For the salary of the clerk of the Secretary of State, one thousand dollars. For the salary of the clerk of the State Treasurer, one thousand six hundred dollars. For the salaries of the clerks of the Comptroller-General's office, including the insurance clerk and clerk in the wild land office, four thousand dollars. For the salary of the stenographer to the State Bank Examiner, one thousand two hundred dollars. For the salary of the clerk of the Attorney-General, one thousand two hundred dollars. For the contingent fund, to be expended by the Governor according to law, the sum of twenty thousand dollars, or so much thereof as may be needed. Contingent fund. JUDICIAL DEPARTMENT. SEC. 2. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated on account of the judicial department of the State government for each of the fiscal years 1908 and 1909: For Judicial Department. For the salaries of the judges of the Supreme Court, each, four thousand dollars. For the salaries of the judges of the Court of Appeals, each, four thousand dollars. For the salaries of the judges of the superior courts, each, three thousand dollars.

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For the salaries of the solictors-general, each, two hundred and fifty dollars. For the salaries of the Supreme Court reporters, each, two thousand dollars. For the salaries of the Supreme Court stenographers, each, fifteen hundred dollars. For the salary of the sheriff of the Supreme Court, one thousand dollars. For the salaries of the Court of Appeals reporters, each, one thousand dollars. For the salaries of the Court of Appeals stenographers, each, fifteen hundred dollars. For the salary of the sheriff of the Court of Appeals, one thousand dollars. To pay the fees of solicitors-general in criminal cases before the Supreme Court such amounts as may be due them under the fee bill provided by law. To pay the clerk of the Supreme Court his salary, if the costs in the Supreme Court do not amount to the sum allowed by law for compensation of said clerk, an amount equal to the difference between the amount due said clerk and said costs, as provided by section 5574 of the Code of 1895. To pay the clerk of the Court of Appeals his salary, if the costs in the Court of Appeals do not amount to the sum allowed by law for the compensation of said clerk, an amount equal to the difference between the amount due said clerk and said costs, as provided by law. For the contingent fund of the Supreme Court to pay for necessary printing, stationery, record books, binding the opinions of the court, hiring a porter, etc., the sum of twelve hundred dollars, or so much thereof as may be needed. Contingent fund Supreme Court. To pay the clerk of the Court of Appeals the costs due him in pauper criminal cases returned to said court, such a sum as shall be reported by said clerk to the Governor, under the seal of said court, before receiving compensation therefor, as provided by the Act of 1857. Costs in pauper criminal cases in Court of Appeals. For the contingent fund of the Court of Appeals to pay for necessary printing, stationery, record books, binding the opinions of the court, hiring a porter, etc., the sum of one thousand dollars, or so much thereof as may be needed. Contingent fund, Court of Appeals.

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LEGISLATIVE DEPARTMENT. SEC. 3. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the legislative department of the State government for each of the fiscal years 1908 and 1909, to the persons and for the purposes hereinafter mentioned, to wit: For Legislative Department. For compensation of the President of the Senate and the Speaker of the House of Representatives, the sum of seven dollars per diem, each, during the session of the General Assembly, and mileage at the rate of ten cents per mile by the nearest practicable route in going to and returning from the Capitol. For compensation of the members of the General Assembly, four dollars per diem each, and mileage at the rate of ten cents per mile by the nearest practicable route in going to and returning from the Capitol. For compensation of the Secretary of the Senate the sum of sixty dollars per diem, out of which he will pay the entire clerical expenses of the Senate, as provided by the Act of October 8, 1879. For compensation of the Clerk of the House of Representatives, the sum of seventy dollars per diem, out of which he shall pay the entire clerical expenses of the House of Representatives, as provided by Act of October 8, 1879. For compensation of the doorkeeper of the Senate, and the doorkeeper of the House of Representatives, messenger of the Senate and messenger of the House of Representatives, four dollars per diem each, and the same mileage as allowed the members of the General Assembly. For an assistant doorkeeper for the Senate for the door leading through the messenger's room (who shall also be assistant to messenger), four dollars per diem. For compensation of the Postmistress of the House of Representatives for the sessions of 1908 and 1909 four dollars per diem, and the same mileage as is allowed members of the General Assembly. For compensation of one gallery-keeper of the Senate and one for the House of Representatives, for the sessions of 1908 and 1909, four dollars per diem each. For one assistant doorkeeper for the floor of the Senate (also assistant to messenger) for the session of 1907, authorized by resolution of the Senate, four dollars per diem, this appropriation to be immediately available.

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For compensation of two assistant doorkeepers for the Senate and three for the House of Representatives, for the sessions of 1908 and 1909, four dollars per diem each. For compensation of the Chaplain of the Senat and for the Chaplain of the House of Representatives for the sessions of 1908 and 1909, four dollars per diem each. For compensation of four porters for the Senate and eight for the House of Representatives for the sessions of 1908 and 1909, two dollars per diem each. For compensation of the head porter of the Senate and the head porter of the House of Representatives for the sessions of 1908 and 1909, three dollars per diem each. For compensation of five pages for the Senate, to be appointed by the messenger of the Senate, and six pages for the House of Representatives, to be appointed by the Speaker, two dollars per diem each for the sessions of 1908 and 1909. For compensation of one elevator operator during the sessions of 1908 and 1909, four dollars per diem. For the compensation of one attendant each for the toiletrooms of the Senate and House of Representatives, to be appointed by the Secretary of the Senate and Clerk of the House of Representatives, two dollars per diem each during the sessions of 1908 and 1909. For compensation of the several committeemen of the Senate and of the House of Representatives, visiting by appointment the various public institutions of the State, the sum of five thousand dollars, or so much thereof as may be needed, to be paid only upon itemized accounts showing the actual necessary expenses paid in cash by each committeeman making such visits, and in no case to exceed the actual amount expended. To pay the incidental expenses of the General Assembly, to be paid on itemized accounts, accompanied by properly receipted vouchers for the payments made, and presented to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives, fifty dollars for the Senate and seventy-five dollars for the House of Representatives, or so much of said amounts respectively as may be needed. To pay the accounts for the purchase of stationery furnished the General Assembly, seven hundred dollars, or so much thereof as may be necessary, to be paid on itemized accounts, supported by properly receipted vouchers, and presented to the Governor before warrants are drawn therefor. To pay for indexing the Journal of the Senate and the Journal

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of the House of Representatives, each, seventy-five dollars, to be paid to the Journal clerks of the Senate and House of Representatives respectively upon completion of the work. To pay for binding the Journals of the Senate and the House of Representatives, as provided by the Act of 1889, the sum of five hundred and fifty dollars, or as much thereof as may be needed. ELEEMOSYNARY PUBLIC INSTITUTIONS. SEC. 4. Be it further enacted by the authority aforesaid, That the following sums of money be, and they are hereby, appropriated for and on account of the following public institutions of the State for each of the fiscal years 1908 and 1909, to wit: For Public Institutions. For the support and maintenance of the Academy for the Blind and for the salaries of its officers and attachees, the sum of eighteen thousand dollars, or so much thereof as may be needed. The Governor shall require of the superintendent of the Academy an itemized monthly statement of all expenditures, which statement shall be submitted to the board of trustees and approved by it. Academy for the Blind. For the support and maintenance of the Georgia School for the Deaf and Dumb, and for the pay of its officers and attachees, the sum of forty-two thousand five hundred dollars, or so much thereof as may be needed; provided, that the sum of six thousand dollars of this amount may be used in the purchase of a tract of land lying immediately in front of institution and Little Cedar creek, and repairs. The Governor shall require of the superintendent of the school an itemized monthly statement of all expenditures, which statement shall be submitted to the board of trustees and approved by it. School for the Deaf and Dumb. For the support and maintenance of the Georgia State Sanitarium and for the salaries of its officers and attachees, including twenty-five hundred dollars each year for the salary of the resident physician, the sum of three hundred and ninety thousand dollars for the year 1908, and the sum of three hundred and ninety-five thousand dollars for the year 1909, or so much thereof as many be needed, to be expended only when directed by the board of trustees. The Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of the said Sanitarium. The Governor shall require the superintendent and resident physician to make an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the board of trustees. The ordinary repairs of

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the buildings and property of the Sanitarium shall be paid for from this appropriation at such times and in such amounts as may be approved by the board of trustees in regular session. State Sanitarium. The salaries of the trustees of the Georgia State Sanitarium, the sum of one hundred and fifty dollars each and their actual railroad expenses in going to and returning from the Sanitarium, as provided by law, shall be paid out of the above appropriation. For the support and maintenance of the Soldiers' Home of Georgia, and for the pay of its officers and attachees, under the Act approved December 19, 1900, the sum of twenty thousand ($20,000) dollars, or so much thereof as may be needed. The Governor shall pay said sum to the treasurer of said Home in monthly installments; shall require of said treasurer an itemized monthly statement of all expenditures, and of the superintendent of the Home an itemized statement of all goods received during the past month of said Home, both of which statements shall be submitted to and approved by the board of trustees. Soldiers Home. PUBLIC EDUCATION. Be it further enacted by the authority aforesaid, That the following sums of money be, and they are hereby, appropriated for and on account of the following public institutions of the State, for the salaries of the State School Commissioner's office, and for the common schools of the State, for each of the fiscal years 1908 and 1909, to wit: For the State University at Athens, for the support and maintenance of the same, the sum of thirty-two thousand five hundred dollars, to be expended under the direction of the board of trustees. For State University. For the University of Georgia, for the [Illegible Text] of the interest on what is known as the Land Script Fund, the sum of six thousand three hundred and fourteen dollars and fourteen cents. For payment of the annual interest on the debt due by the State to the University of Georgia eight thousand ($8,000) dollars. Interest on land script. For the University of Georgia, for the maintenance of the summer school at Athens for the white teachers of the State, as provided for by the Act of December 22, 1898, the sum of five thousand dollars. Summer school. For the University of Georgia, to be expended by and through the board of trustees of the State College of Agriculture, for the organization and conduct of farmers institutes in this State, the sum of two thousand five hundred dollars. Farmers Institute.

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To pay the trustees of the State University, as provided by the Act of 1889, the sum of four dollars per diem each for expenses at the meetings of the board of trustees, and actual railroad fares paid to and from place of meeting, said sums to be paid out of the foregoing appropriation for the support and maintenance of the State University at Athens. Trustees of State University. For the University of Georgia, for the support and maintenance of the School of Technology at Atlanta, the sum of sixty thousand dollars; the report required of the chairman of the local board of trustees to be made to the Governor shall be submitted to the General Assembly at the opening of the session thereof. Before the appropriation herein made is available, it shall be the duty of the local board of trustees to establish a rule allowing free tuition to only fifteen students from any one county in the State, and fixing the tuition to be paid by those in excess of this number from any such county. School of Technology For the University of Georgia, for the support and maintenance of the Georgia Normal and Industrial College at Milledgeville, the sum of thirty-five thousand dollars. The chairman of the board of trustees shall report annually to the General Assembly the number of pay pupils, tuition charged, and an itemized statement of all receipts and expenditures. Normal and Industrial College. For the University of Georgia, for the support and maintenance of the North Georgia Agricultural College at Dahlonega, the sum of twenty-one thousand five hundred dollars; provided, that under no pretext whatever, whether as tuition, matriculation fee, incidental expenses, or otherwise, shall such college charge exceeding ten dollars per annum, or five dollars per term, for each pupil, and any charge in excess of said sums shall work a forfeiture of this appropriation. The chairman of the board of trustees shall report annually to the General Assembly the number of pupils, teachers, salaries paid teachers, from whom and how much is collected in tuition fees, and an itemized statement of all receipts and expenditures. North Georgia Agricultural College. For the University of Georgia, for the support and maintenance of the State Normal School at Athens, the sum of thirty thousand dollars; provided, the chairman of the board of trustees shall report annually to the General Assembly the names and numbers of persons attending said school, from whom and how much is collected tuition fees, the names and number of teachers, the salaries paid each, and an itemized statement of all receipts and expenditures. Normal School. For the University of Georgia, for the support and maintenance

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of the School for Colored People at Savannah, under the Act approved December 19, 1900, the sum of eight thousand dollars; provided, the chairman of the board of trustees shall report annually to the General Assembly the names and numbers and residence of persons attending said school, from whom and how much received in tuition fees, the names and numbers of teachers and salaries paid each, and an itemized statement of all receipts and expenditures. School for colored people at Savannah. For the salary of the State School Commissioner, the sum of two thousand dollars. State School Commissioner. For the salary of the clerk to the State School Commissioner, the sum of one thousand two hundred dollars. For the support and maintenance of the common schools of the State, the sum of two million ($2,000,000) dollars for the year 1908, and the sum of two million two hundred and fifty thousand dollars for the year 1909, said sums including poll tax, one-half the rental of the Western and Atlantic Railroad, show taxes, dividends from Georgia Railroad stock, and other funds set aside by law to the common school fund. The annual estimates heretofore made by the Comptroller-General, the Treasurer and the State School Commissioner of the amount of the school fund shall be discontinued, and the fixed sums herein appropriated for each year shall constitute the common school funds. Common schools. PUBLIC DEBT AND INTEREST. SEC. 5. Be it further enacted by the authority aforesaid, That the following sums of money be, and are hereby, appropriated to pay the recognized valid debt of the State as follows, to wit: Public debt and interest. One hundred thousand dollars on bonds maturing January 1, 1908, and one hundred thousand dollars on bonds maturing January 1, 1909, to be paid out of the sinking fund. To pay interest on the recognized valid debt of the State maturing in 1908, the sum of two hundred and ninety-eight thousand eight hundred and eight dollars. To pay interest on the recognized valid debt of the State, maturing in 1909, the sum of two hundred and ninety-four thousand three hundred and eight dollars. MISCELLANEOUS DEPARTMENTS OF STATE GOVERNMENT. SEC. 6. Be it further enacted by the authority aforesaid, That the following sums of money be, and they are hereby, appropriated

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to and for the following departments of the State government for each of the fiscal years 1908 and 1909, to wit: DEPARTMENT OF AGRICULTURE. For the salary of the Commissioner of Agriculture, three thousand dollars. For Department of Agriculture. For the salary of the clerk of the Commissioner of Agriculture, one thousand eight hundred dollars. For the salary of the Chief Oil Inspector, one thousand two hundred dollars. For the salary of the Chemist of the Agricultural Department, the sum of three thousand dollars, as provided in section 1557 of the Code of 1895, and for the salaries of the two assistant chemists, as provided by the Act of 1891, the sums of one thousand dollars each. For replenishing chemicals and apparatus used by the State Chemist and his assistants, the sum of one thousand dollars, or so much thereof as may be needed. For the payment of cattle inspectors, appointed by the Commissioner of Agriculture for the purpose of inspecting cattle, as provided by the Act of December 20, 1889, and locating and quarantining such as may be infected with distemper or other infectious diseases, the sum of five hundred dollars or so much thereof as may be needed. The salaries of the State Chemist and his assistants, the fund for chemicals and chemical materials, and the salaries of the cattle inspectors, appropriated as above, shall be paid out of the fees arising from the inspection of fertilizers. For the maintenance of the Department of Agriculture, the sum of ten thousand dollars, as provided by section 1794 of the Code of 1895, the same to be paid out of the fund arising from the fees for inspecting fertilizers, as provided in section 1384 of the Code of 1895. DEPARTMENT OF HORTICULTURE AND ENTOMOLOGY. For the salary of the State Entomologist, the sum of one thousand five hundred dollars. Horticulture and Entomology. For the employment of an assistant entomologist, whose compensation shall be fixed by the State Board of Entomology; for the payment of the travelling expenses, equipment and maintenance of laboratory, publication of bulletins and other reports, and for defraying all other expenses in carrying out the provisions of the Act of December 21, 1900, creating and establishing

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the department and the Acts amendatory thereof, the sum of ten thousand dollars, or so much thereof as may be necessary; the salaries above mentioned, and all of the expenses aforesaid, to be paid out of the fees arising from the inspection of oils, as provided in the Acts aforesaid. GEOLOGICAL DEPARTMENT. For the maintenance of the Geological Department of the State, the sum of ten thousand dollars, as provided by the Act of 1889; provided, that the State Geologist shall require the acting chemist of the department to assay any ores and analyze any specimens of clay, kaolin and cement that may be sent in by any citizen of this State with a view to ascertain the commercial value of such ore, clay, kaolin or cement. The State Geologist shall furnish such citizen a certificate giving the result of such assay or analysis. For the printing fund of the Geological Department, the sum of two thousand five hundred dollars, or so much thereof as may be needed. Geological Department. PRISON DEPARTMENT. For the salaries of the Prison Commissioners, each, two thousand dollars. Prison Department. For the salary of the clerk of the Prison Commission, the sum of one thousand two hundred dollars. For the support and maintenance of the Prison Department, the sum of one hundred and fifty thousand dollars, or so much thereof as may be needed, to be paid from the fund arising from the hire of convicts. This amount shall be for the support of the Prison Commission, including the prison farm and reformatory for youthful criminals. The proceeds of the sale of all farm products shall be turned into the State treasury. THE RAILROAD COMMISSION. For the salaries of the Railroad Commissioners, each, two thousand five hundred dollars. Railroad Commission. For the salary of the secretary of the Railroad Commission, the sum of one thousand eight hundred dollars. For the contingent fund of the Railroad Commission, for payment of the incidental expenses of the same, for the hire of a stenographer and a porter, the sum of eight hundred dollars, or so much thereof as may be needed. For the printing fund of the Railroad Commission, the sum of

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one thousand dollars, or so much thereof as may be needed to pay for such printing and advertising and publishing as the Commission may deem necessary and required by law. PENSION DEPARTMENT. For the salary of the Commissioner of Pensions, the sum of three thousand dollars. Pension Department. For clerical help in the Pension Department, the sum of one thousand eight hundred dollars. For the payment of pensions to maimed and disabled Confederate soldiers, as provided by law, the sum of one hundred and forty-five thousand dollars, or so much thereof as may be needed. For the payment of pensions to aged and indigent Confederate soldiers, as provided by the Act of 1894, the sum of five hundred and twenty thousand dollars, or so much thereof as may be needed. For the payment of pensions to the widows of such Confederate soldiers as may have died in the service, or since, from wounds received therein, or disease contracted in the service of the Confederate States, the sum of one hundred and thirty-five thousand dollars, or so much thereof as may be needed. For the payment of pensions to the widows of ex-Confederate soldiers who are indigent, and by reason of age and poverty, infirmity and poverty, or blindness and poverty, are unable to provide for themselves, the sum of one hundred and fifty thousand dollars, or so much thereof as may be needed, as provided in the Act of December 19, 1900. The pension funds appropriated in the four preceding paragraphs shall be paid quarterlythat is, one-fourth of the amount due each pensioner every three months. TO STATE LIBRARY. For the salary of the State Librarian, the sum of one thousand eight hundred dollars. State Library. For the salary of the Assistant State Librarian, the sum of one thousand two hundred dollars. For the State Library, for the purchase of books, etc., and for such articles and supplies as may be needed by the Supreme Court in the conduct of its business, for which provision is not elsewhere made, the sum of three thousand dollars, or so much thereof as may be needed, to be expended as the judges of the Supreme Court may direct. For the State Library, for printing new volumes of the Supreme

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Court and Court of Appeals Reports, the sum of eight thousand dollars, or so much thereof as may be needed. For the State Library, for the purchase of such books, articles and supplies as may be needed by the Court of Appeals in the conduct of its business, for which provision is not elsewhere made, the sum of one thousand dollars, to be expended as the Court of Appeals may direct. For reprinting the earlier Georgia Reports, where the copyrights on same have expired, such sum as may be needed, to be paid for only out of funds received into the State Treasury during the years 1908 and 1909 from the sales of Georgia Reports, the State Codes and Acts. For compiling and publishing, under the direction of the Governor, the Colonial, Revolutionary and Confederate records of Georgia, such sum as may be needed to pay the contract price for such work and publishing, to be paid for only out of money received into the State Treasury during the years 1908 and 1909 from the sales of Georgia Reports, Codes and Acts, and Colonial, Revolutionary and Confederate records; provided, the expenses incurred in annotating Georgia Reports shall be paid for only out of funds received from the sale of those Reports which have been annotated and actually sold. THE STATE BOARD OF HEALTH. For the salary of the secretary of the State Board of Health, the sum of two thousand dollars. State Board of Health. For the salary of clerk and stenographer of the State Board of Health, the sum of one thousand dollars. For travelling expenses and per diem of the members of the State Board of Health, for the laboratory, bacteriological, yellow fever work, vaccine points and all other expenses, the sum of four thousand five hundred dollars, or so much thereof as may be needed; provided, that not exceeding one thousand dollars of said sum shall be expended for all travelling expenses, and to be paid only on itemized accounts to be approved by the chairman of the board; and provided further, that said board shall submit, through its chairman, to the Governor, itemized accounts of all expenditures. For equipping a laboratory and providing the necessary supplies for the manufacturing and transportation of both attenuated virus for treating and preventing rabies or hydrophobia, and for the manufacture of diphtheritic antitoxin, both of which shall

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be supplied when necessary free of charge to the people of Georgia, the sum of thirty-five hundred dollars. THE STATE MILITIA. For the military fund of the State for necessary expenses in maintaining the militia forces of the State of Georgia, the sum of twenty-five thousand dollars, or so much thereof as may be needed, to be expended for the purpose of organizing, arming, equipping, clothing, drilling and training the National Guard of Georgia; for paying said troops when in actual service; for encampments for said troops; for the payment of armory rents and for the administration of the Military Department of the State, including necessary clerical assistance, under the direction of the Governor. State Militia. MISCELLANEOUS FUNDS. SEC. 7. Be it further enacted by the authority aforesaid, That the following sums of money be, and they are hereby, appropriated for each of the fiscal years 1908 and 1909 for the following purposes necessary for the support of the State government, to wit: GEORGIA EXPERIMENT STATION. For the payment of the actual necessary expenses of the directors of the Georgia Experiment Station, to be paid only upon presentation to the Governor of properly certified vouchers, the sum of eight hundred dollars, or so much thereof as may be needed. Experiment Station. PUBLIC BUILDING FUND. For ordinary repairs of the public buildings, to purchase coal, wood, lights and furniture for the Executive Mansion and the various departments of the State government; to pay the hire of engineer, guards, watchmen, servants at the Mansion, and such portion for the various departments as the Governor may employ, and for the general expenses incident to the keeping in proper condition the public buildings and grounds, and to hire such other labor as may be necessary, the sum of twenty-five thousand dollars. Out of this appropriation the sum of fifteen hundred dollars per annum shall be paid to the keeper of public buildings and grounds as his salary. The Governor shall require itemized accounts for all payments out of this fund before drawing warrants therefor. Public buildings.

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PRINTING FUND. For the general printing fund, the sum of twenty-five thousand dollars, or so much thereof as may be needed. The Governor shall require itemized accounts for all payments out of this fund before drawing warrants therefor. Printing fund. REWARD FUND. For the reward fund, for the payment of rewards earned for the arrest of fugitives from justice, after executive proclamations offering such rewards, the sum of three thousand dollars, or so much thereof as may be needed. Reward fund. To continue the work of the Roster Commission in their compilation of the Confederate roster rolls, two thousand ($2,000) dollars. Roster Commission. SEC. 8. Be it further enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned, when said appropriations are to be paid to persons or for particular objects, the same shall be paid from the funds arising from the sources now provided by law. SEC. 9. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act for the salaries of the various State House officers and clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased, directly or indirectly, by payments of additional sums from the contingent fund, or any other funds, to such officers, their clerks or any other person, by way of extra compensation, or for extra service, or for extra assistance rendered to such officers in any department of said government, and should extra service or assistance become necessary to said officers in said departments, the same shall be paid for out of the amounts respectively appropriated by this Act for salaries of the various State House officers and for the clerical expenses of said office. Nor shall any money be paid from any fund to any officer or person, as a salary or otherwise, unless the same is authorized by law, audited by the Comptroller-General, and the money duly appropriated therefor. Extra compensation. 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 22, 1907.

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TO PAY SALARIES AND EXPENSES OF COURT OF APPEALS FOR 1907. No. 7. An Act to make appropriations for the payment of salaries and other expenses incurred, and to be incurred, for and during the year 1907, through the creation and maintenance of the Court of Appeals, and not otherwise provided for, 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 following sums of money, or so much thereof as may be necessary, be, and the same are, hereby appropriated for the persons and for the purposes hereinafter mentioned, to be paid from any funds not otherwise appropriated: Appropriations for Court of Appeals. For the payment of the salaries of the three judges of the Court of Appeals, four thousand dollars apiece. For the payment of the salaries of three stenographers to the judges of the Court of Appeals, one thousand five hundred dollars apiece. For the payment of the salary of the sheriff of the Court of Appeals, one thousand dollars. For the payment to the clerk of the Court of Appeals his salary, if the costs of the Court of Appeals do not amount to the sum allowed by law for compensation of said clerk, an amount equal to the difference between the actual amount due said clerk and such costs, as provided by law. For the contingent funds of the Court of Appeals in payment for necessary filing cases, printing, stationery, record books, etc., and for such articles and supplies as may be needed by said court in the conduct of its business for which provision is not made elsewhere, the sum of twelve hundred dollars, to be expended as the judges of that court may direct. For the library of the Court of Appeals for the purchase of books, etc., to be expended by direction of the judges of said court, one thousand dollars. 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 4. 1907.

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TO SUPPLY DEFICIENCIES FOR 1907. No. 150. An Act to make additional appropriations for the year 1907 to supply deficiencies in the several appropriations for the expenses of the State 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 sums of money be, and they are hereby, appropriated to the objects and for the purposes hereinafter named for the year 1907: Appropriations for 1907. Par. 1. To supplement the contingent fund, and to be expended by the Governor according to law, the sum of ten thousand dollars. Contingent fund. Par. 2. To supplement the public building fund, the sum of ten thousand dollars, to be expended under the direction of the Governor. Building fund. Par. 3. To supplement the support and maintenance fund of the State Reformatory for Juveniles at Milledgeville, the sum of five thousand dollars, to be expended by the Prison Commission according to law. Prison Commission. Par. 4. To supplement the military fund for the purpose of meeting deficiences in the appropriation for 1907, caused by extraordinary expenses in suppressing riots in Atlanta and Macon, the sum of five thousand dollars. Military fund. Par. 5. To complete and pay for transcripts of Georgia Records in the British Public Records office, not already secured, the sum of two hundred and fifty dollars. Georgia records. Par. 6. To pay for printing and binding additional volumes of the Colonial, Revolutionary and Confederate Records of Georgia, now ready for the printer, the sum of six thousand dollars. Colonial records. The proceeds from the sales of all such Records shall be paid into the State Treasury. Par. 7. To pay the increase in the salary of the Attorney-General from July 1, 1907, to December 31, 1907, authorized by law, the sum of five hundred dollars. Attorney-General. Par. 8. To supplement the military fund for the purpose of completing the equipment of the State Militia in accordance with the requirements of the orders of the United States War Department under the Act of Congress to promote the efficiency of the

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militia, the sum of forty-two thousand two hundred and eleven dollars and six cents. State Militia. Par. 9. To Carter and Gillespie Company, Atlanta, Georgia, for placing electric fans in the hall of the House of Representatives, under the direction of the Secretary of State by authority of a resolution of the House July the 23d, 1907, the sum of three hundred and thirty-two and 50/100 dollars. For electric fans. Par. 10. To pay Charles W. Bernhardt for erection of platform and furnishing chairs to the General Assembly at the inauguration ceremonies, two hundred dollars thirty-three cents, as approved by the Committee on Arrangements for the Inauguration of the Governor. Inauguration of Governor. Par. 11. To pay the Bowden Lithia Water Company the sum of four hundred dollars or so much thereof as needed, for supplying the General Assembly with pure drinking water, under resolution of July 8th. Water for General Assembly. Par. 12. To pay the salaries of the Court of Appeals reporters, for the year 1907, the sum of one thousand dollars each. Court of Appeals Reporters. Par. 13. To pay for printing and publishing the reports of decisions of the Court of Appeals, for the year 1907, the sum of two thousand five hundred dollars or so much thereof as may be needed. Printing reports of Court of Appeals. Par. 14. To pay the increase in the salaries of the Commissioner of Pensions and the Commissioner of Agriculture, authorized by Act of the General Assembly of 1906, the sum of three hundred and seventy-five dollars for four and a half months of 1906, and one thousand dollars for 1907, to each of said officers, the said increases in each salary not having been paid. Commissioners of Pensions and Agriculture. Par. 15. To the city of Atlanta for paving in front of Executive Mansion, the sum of two hundred and twenty-three and 50/100 ($223.50). Pavement in front of Executive Mansion. Par. 16. To the members of the joint committee from Senate and House of Representatives which investigated the Georgia Soldiers' Home and have already filed their report, together with hire of the stenographer, the sum of $450, or so much thereof as may be necessary. Committee on Soldier's Home. Par. 17. To H. M. Beutell for nine desks and chairs as per order of Keeper of Public Buildings, seven hundred and twenty dollars ($720.00). For chairs and desks. 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 22, 1907.

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TITLE II. TAXES. ACTS. General Tax Act for the years 1908 and 1909. General Tax Act for the years 1906 and 1907 amended. Tax for payment of bonds GENERAL TAX ACT FOR THE YEARS 1908 AND 1909. No. 241. An Act to levy and collect a tax for the support of the State government and the public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public [Illegible Text]; to pay maimed Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law for the fiscal years 1908 and 1909; to prescribe what persons, professions and property are liable to taxation; to prescribe the methods of collection and receiving said taxes; to prescribe the methods of ascertaining the property of the State subject to taxation; to prescribe additional questions to be propounded to taxpayers and to provide penalties for violations thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Governor be authorized and empowered with the assistance of the Comptroller-General, to assess and levy a tax on the taxable property of this State for the fiscal years 1908 and 1909 of three and 8/100 mills, and the Governor be, and is hereby authorized and empowered by and with the assistance of the Comptroller-General, to assess and levy in addition to the foregoing general State tax, a tax of one and 80/100 mills for the years 1908 and 1909 on all of the taxable property in this State, for the purpose of raising the funds necessary

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to meet the appropriations of this General Assembly for educational purposes in instructing children in the elementary branches of an English education only. In addition to the foregoing amounts the Governor is authorized in like manner to levy in each of said years named such additional rate as will, when added to the amounts already authorized and to the rate needed and allowed for the annual sinking fund, making a total of five mills. General tax and tax for educational purposes. SEC. 2. Be it further enacted by authority aforesaid, That in addition to the ad valorem tax on real estate and personal property, as required by the Constitution and provided for in the preceding section, the following specific taxes shall be levied and collected for each of said fiscal years: Specific Taxes. First. Upon each and every male inhabitant of the State between the ages of twenty-one and sixty years, on the days fixed for the return of property for taxation, a poll tax of one dollar, which shall be for educational purposes in instructing children in the elementary branches of an English education only: Provided, this tax shall not be demanded of blind persons, nor of crippled, maimed or disabled Confederate soldiers relieved of such taxes under and by authority of section 766, volume 1, of the Code of 1895. Poll tax. Second. Upon every practitioner of law, medicine, dentistry, upon every veterinary surgeon, architect, public accountant, charging for their services as such; upon every civil, mechanical and electric engineer, and upon the presidents of each express, telegraph, steamboat, railroad, street railroad, telephone, electric light, sleeping and palace-car companies, building and loan associations, and gas companies doing business in this State; and in case the president of such companies do not reside in this State, then, in such case, upon the superintendent or general agent or person in charge of the business of such companies who may reside in this State, ten dollars; provided, this professional tax shall not be required of physicians or surgeons regularly commissioned by the Confederate States and honorably discharged from service, and no municipal corporation or county authorities shall levy an additional tax on said professions, either as a license fee or otherwise; provided, that no professional tax or license shall be required of any Confederate veteran whose name is on the indigent or invalid pension roll of this State. Professional taxes. Third. Upon every daguerrean, ambrotype, photographic, and similar artists, ten dollars; and this tax shall be required of them only in one county; provided, this Act shall not authorize

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any travelling photographer to do business in any incorporated town or city or within ten miles of the limits thereof where there is located a permanent photographer, without the payment of an additional tax of ten dollars for each place. Photographers, etc. Fourth. Upon each agent or firm negotiating loans and charging therefor, ten dollars in each county in which he may carry on business. Loan agents Fifth. Upon every person carrying on the business of an auctioneer, for pay or compensation, twenty-five dollars for each county in which they may carry on such business; provided, this shall not be construed to apply to administrators, executors, or their agents. Auctioneers. Sixth. Upon every keeper of a pool, billiard or bagatelle table, kept for public use, whether in a hotel or other public place, forty dollars for each table; provided, that this tax shall not be required of any disabled Confederate soldier, and who shall be entitled only to exemption upon one table, and whose privilege or license shall not be transferable, and said table to be run by such soldier himself; provided, this section shall not be construed to authorize the operation of any pool, billiard, or bagatelle table in any city or town which prohibits the same by ordinance; provided, that before a Confederate soldier shall do business under this paragraph he shall make proof to the ordinary of the county wherein he intends to carry on his business, by two or more competent witnesses, that he was a worthy Confederate soldier, and he shall further make oath before said ordinary that the property or business is his own, and no part of it belongs to any one else. Upon making such proof and taking such oath, the ordinary shall issue said soldier a license to carry on said business in said county, but said license shall not be available in any other county in this State. Keepers of gaming tables. Seventh. Upon every keeper of any table, stand or place for the performance of any game or play, and upon the keeper of any flying-horses or any other game or play, unless kept for exercise or amusement, not prohibited by law and not kept for gain, directly or indirectly, twenty-five dollars in each county. Keepers of gaming places. Eighth. Upon every keeper of a tenpin alley, or alley of like character, kept for public play, and upon every keeper of a shooting-gallery and upon every keeper of a skating-rink, twenty-five dollars for each place of business. Tenpin allies, etc. Ninth. Upon every travelling vendor of patent or proprietary medicines, special nostrums, jewelry, paper, soap or merchandise

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of any kind, fifty dollars in each county where they may offer such articles for sale. Traveling vendors. Tenth. Upon every local insurance agent or firm of agents, or insurance broker or firm of brokers, doing business in this State, ten dollars for each county in which they shall solicit business, and upon every agent of a matrimonial, natal or nuptial company, the sum of one hundred dollars each for each county in which they shall do, or offer to do, business. And upon every travelling or special or general agent of life, fire or accident or other insurance companies doing business in this State, fifty dollars, which said tax must be paid before said agent shall be authorized to act as agents for any of their companies. Said tax shall be paid by said agents to the tax-collector of the county of their residence; provided, that railroad ticket agents, selling accident insurance tickets, shall not be deemed insurance agents in the sense of this section. Insurance Agents Eleventh. Upon every travelling or special or general agent of an assessment life insurance company, and upon every travelling, special or general agent of an industrial life insurance company, and upon every travelling, special or general agent of a sick benefit insurance company, and upon every travelling, special or general agent of a live stock insurance company, the sum of twenty-five dollars per annum, to be collected and paid in the manner provided above for other insurance agents. Traveling, [Illegible Text] or general Insurance agents. Twelfth. Upon each emigrant agent, or employee or employees of such agents, doing business in this State, the sum of five hundred dollars for each county in which such business is conducted. Immigrant Agents Thirteenth. Upon every travelling vendor using boats for the purpose of selling goods on the rivers or waters within the limits of this State, the sum of fifty dollars in each county where they may sell their wares, and said tax shall be a lien on the boat and its contents without regard to ownership thereof. Vendors using boats. Fourteenth. Upon every itinerant lightning-rod dealer or agent, the sum of fifty dollars for each and every county in which they operate. Lightning rod dealers. Fifteenth. Upon all shows and exhibitions (except such as histrionic, musical, operatic and elocutionary), including the side-shows accompanying circus companies, fifty dollars in each and every city or town of five thousand inhabitants; forty dollars in every town or city of four thousand and under five thousand inhabitants, and thirty dollars in towns of less than four thousand

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inhabitants; said tax so collected shall be for educational purposes. Shows and exhibitions. Sixteenth. Upon every circus company, or others, giving such exhibitions beneath or within a canvas enclosure, advertised in print or by parade, in any manner whatsoever as a circus, menagerie, hippodrome, spectacle or show implying a circus, in or near cities or towns of twenty thousand or more inhabitants, five hundred dollars; in or near cities or towns of five thousand inhabitants and not more than twenty thousand, two hundred dollars; in or near cities or towns of four thousand inhabitants and under five thousand inhabitants, one hundred and fifty dollars, and in or near cities or towns of less than four thousand inhabitants, one hundred dollars each day it may exhibit in the State of Georgia, said tax to be for educational purposes. Circus companies, etc. Seventeenth. Upon every dog or horse show, or shows of like character, beneath a tent, canvas or enclosure, charging an admission fee of twenty-five cents or more, fifty dollars, and with an admission fee less than said amount, and as much as twenty cents, twenty-five dollars, and charging less than twenty cents, fifteen dollars for each day it may exhibit in the State of Georgia, said tax to be for educational purposes. Dog and horse shows. Eighteenth. Upon all dealers in pistols, toy pistols which shoot cartridges, pistol or rifle cartridges, dirks, bowie knives or metal knucks, twenty-five dollars for each place of business in the county where the same are sold. Dealers in pistols, knives, etc. Nineteenth. Upon every person or firm, for himself, or agent for resident or non-resident owner, who keeps or holds for hire or sale any billiard, pool or other table of like character, one hundred dollars for each county in which such person or firm does business. Sellers or keepers of billiard tables, etc. Twentieth. Upon every peddler of stoves and ranges for cooking purposes, or clocks, two hundred dollars in every county in which said peddler may do business, or offer any such article for sale. Peddlers of stoves, etc. Twenty-first. Upon every peddler or vendor of any patent churn or patent fence, or patented agricultural or farm implement or tool, or any other patented article, said peddler not having a fixed place for carrying on said business in the county where any such article is sold, or offered for sale, twenty-five dollars for each county in which they may sell, or offer to sell. any one or more of the articles herein enumerated. Peddlers or vendors of patented articles Twenty-second. Upon every individual, agent, or firm of

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agents of any packing-house, and upon every individual agent, agent or firm of agents of any persons, firm or corporation, dealing in packing-house goods or products, doing business in this State, $200.00 for each place of business in each county having a city with a population of thirty thousand or more; $100.00 for each place of business in each county having a city with a population of less than thirty thousand and not less than fifteen thousand; $50.00 for each place of business in each county having a town or city with a population of ten thousand and not less than five thousand; ($10.00) ten dollars for each place of business in a county having a town of less than five thousand population. Agents of packing houses. Twenty-third. Upon every itinerant doctor, dentist, optician, veterinary surgeon, or specialist of any kind, doing business in this State, the sum of ten dollars for each county in which they may do business; provided, that the provisions of this paragraph shall not apply to persons whose fixed place of business is in any county of this State, and who have paid the professional tax required by paragraph 2 of section 2 of this Act; provided, further, that if any such itinerant doctor, dentist, optician, veterinary surgeon or other specialists shall peddle, or sell any drug, medicine, spectacles, glasses or other goods in connection with the practice of his profession he or they shall be subject to the tax required of traveling vendors of patent or proprietary medicines, nostrums, etc., by paragraph ninth of this section, to wit: fifty dollars in each county where they may sell, or offer to sell any such article. Itinerant doctors and specialists. Twenty-fourth. Upon every manufacturer in this State of soda fountain syrups for beverages, the sum of four hundred dollars, and upon all agents of non-resident corporations who manufacture such beverages or syrups, the sum of four hundred dollars; provided, such non-resident corporations may relieve their agents of such tax or license by paying the said sum of four hundred dollars. And upon all persons, firms or corporations running or operating soda fountains in this State the sum of five dollars on each draught arm or other similar devices used in drawing carbonated water, the tax to be paid as other special taxes are paid and used for educational purposes only. Manufacturers and agents of soda fountain syrups and soda fountains. Twenty-fifth. Upon every individual or firm carrying on the business of a pawnbroker two hundred dollars for each place of business, and if any such pawnbroker shall sell or offer to sell any pistol, pistol or rifle cartridge, dirk, bowie-knife, or [Illegible Text] whether sold as unredeemed pledges or otherwise

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he shall also be held subject to and required to pay the license tax required of other dealers in pistols, etc., by paragraph 18 of this section. Pawnbrokers. Twenty-sixth. Upon all mercantile and collecting agencies, commercial agencies and all other agencies of like character, one hundred dollars in every county wherein they have established or may establish an office. Commercial agencies. Twenty-seventh. Upon every slot machine operated in this State wherein is kept any article to be purchased by depositing therein any coin or thing of value, and for which may be had any article of merchandise whatsoever, the sum of two and 50/100 dollars for each machine for each county where set up or operated. Upon every such machine wherein may be seen any picture or any music may be heard by depositing in the machine any coin or thing of value, and every weighing machine and every machine for making stencils by the use of contrivances operated by slot wherein money or other thing of value, is to be deposited, the sum of five dollars for each machine in each county where set up or operated; provided, that not more than fifty dollars shall be required of any one person in any one county under this section. No specific or license tax shall be levied or collected on merchandise machines delivering merchandise and owned by dealers in their storehouses and paying taxes as a merchant. Slot machines. Twenty-eighth. Upon each detective agency, company, person or corporation doing business of detective for hire, or compensation, the sum of one hundred dollars for each office established in this State; and if no established office, then in each county where they do or offer to do business. Detective agents. Twenty-ninth. Upon every dealer who may sell or give away cigarettes or cigarette paper, or who furnish their customers with cigarettes or cigarette paper in connection with any other purchase or transaction, twenty-five dollars for each place of business, whether principal stock in trade, or sold or given away or furnished directly or indirectly with other articles, or kept in his or her place of business or elsewhere accessible to his or her customers. Dealers in cigarettes or cigarette paper. Thirtieth. Upon every amusement park operated, owned or leased by any individual, company or corporation other than baseball, football or bicycle parks heretofore or hereinafter mentioned. Where two or more amusement devices or resorts are operated and an admission fee charged, the sum of two hundred dollars; provided, this paragraph shall not be so construed as

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to except or relieve any individual device, resort or amusement located in said park, from the payment of any specific tax herein imposed. Amusementparks Thirty-one. Upon the proprietor, owner or lessee of any park or place where baseball, football or any other similar game is played, or where bicycle races or contests are held and where admission fees are charged, fifty dollars for each park or place; provided, in places (towns or cities) of less than fifteen thousand inhabitants, the license tax shall be only twenty-five dollars for each park or place; provided, further, that in cities or towns of less than three thousand inhabitants, five dollars ($5.00) per annum shall be charged, provided, the tax in this subsection shall only apply to those parks or places wherein professional games are played or professional contests are held. Owners or lessees of amusement parks. Thirty-second. On all bottling works of beverages or syrups sold in soda fountains or elsewhere, a tax of twenty-five dollars for each machine operated. Bottling works. Thirty-third. Upon each person, firm or corporation engaged in the business of making abstracts of titles in cities or towns of twenty thousand inhabitants or over, fifty dollars; in cities and towns of ten thousand inhabitants and less than twenty thousand, twenty-five dollars; and of cities and towns of less than ten thousand inhabitants, ten dollars, provided, that this tax shall not be required of attorneys-at-law who have paid the tax required of them by paragraph 2 of this section. Abstract companies. Thirty-fourth. Upon every company of traveling gypsies or traveling companies or other transient persons engaged in trading or selling merchandise or live stock of any kind or fortune-telling, fifty dollars in each county where they carry on either kind of said business or offer to do so. Transient traders. Thirty-fifth. Upon every person or firm engaged in business of buying or selling real estate on commission, or as agents renting real estate, the sum of ten dollars for each county; and if such agent shall engage in autioneering, or selling property at auction sales, he shall be required to pay the tax required of auctioneers by paragraph 5 of this section. Real estate agents. Thirty-sixth. Upon every midway combination or street fair or street carnival, the sum of ten dollars each week or fractional part thereof for each separate tent, enclosure or place where admission fee is charged or collected, either directly or indirectly to witness or hear any performance, or where anything what sover may be exhibited; upon every merry-go-round accompanying any midway combination, street fair carnival, ten dollars

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in each county in which it does business; said tax to be for educational purposes. Midways or street fairs. Thirty-seventh. Upon all electric shows, or exhibitions of moving pictures, for each place of business five dollars for each month (or part of a month where they may be operated for a less period), payable in advance monthly to the tax-collector of the county where located. It shall be unlawful to open or operate any such electric show or exhibition of pictures without first paying this license tax. Electric shows or moving pictures. Thirty-eighth. Upon every bicycle dealer selling or dealing in bicycles, either at wholesale or retail, for themselves or upon commission, shall pay ten ($10) dollars for the fiscal year or any part thereof, to be paid to the tax-collector of the county at the time of the commencement of business; dealers selling bicycles at more than one place shall pay said license for each place of business where the bicycles are sold by them. All unsold bicycles belonging to dealers shall be liable to seizure and sale for payment of such fees, license and tax. Bicycle dealers. Thirty-ninth. Upon every agent of and manufacturer of, and upon every dealer in automobiles or other self-propelling vehicles, the sum of one hundred dollars for each agency or place of business. Manufactures and agents of motor machines. Fortieth. Upon every agent of and manufacturer of, and upon every dealer in typewriters or typewriting machines, cash registers and calculating and weighing scales, the sum of ten dollars for each agency or place of business. None of the provisions of paragraphs 38, 39 and 40 shall apply to licensed auctioneers selling second-hand bicycles, or to officers of the law under legal process. Manufacturers and agents of typewriters. Forty-first. Upon all persons or corporations carrying on the business of selling books, papers, fruits and other articles of merchandise on the railroad trains of this State, one hundred dollars, and no county or municipality shall have any authority to levy any tax for the privilege of carrying on said business. Vendors on railroad trains. Forty-second. Upon all corporations incorporated under the laws of Georgia shall, in addition to all taxes now required of them by law, be, and they are, hereby required to pay each year an annual license or occupation tax as specified in the following scale; provided, this paragraph shall not apply to insurance companies or sewing-machine companies: License tax of corporations. Corporations with capital not exceeding $25,000, $5.00. Corporations with capital over $25,000 and not over $100,000, $10.00.

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Corporations with capital over $100,000 and not over $300,000, $25.00. Corporations with capital over $300,000 and not over $500,000, $50.00. Corporations with capital over $500,000 and not over $1,000,000, $75.00. Corporations with capital over $1,000,000, $100.00. The payment of this tax in any one county will relieve such corporation from the payment of said tax in any other county in which it does business. Forty-third. Upon agents of all foreign corporations having a place of business in this State in addition to all other taxes now required of them by law, there shall be, and they are hereby required to pay each year an annual license or occupation tax as specified in the following scale, to wit: Agents of foreign corporations. Agents of corporations with capital not exceeding $25,000, $5.00. Agents of corporations with capital over $25,000 and not over $100,000, $10.00. Agents of corporations with capital over $100,000 and not over $300,000, $25.00. Agents of corporations with capital over $300,000 and not over $500,000, $50.00. Agents of corporations with capital over $500,000 and not over $1,000,000, $75.00. Agents of corporations with capital over $1,000,000, $100.00. Provided, that if such foreign corporations shall on or before the first day of April of each year pay to the Comptroller-General the amount of the occupation or license tax prescribed in paragraph 42 of this Act for resident corporations, then such agents shall be relieved from said tax. And to that end said foreign corporations shall register their names, capital stock, and names of agents with the Comptroller-General before the first of April of each year, and upon said tax being paid it shall be the duty of the Comptroller-General to furnish said corporations a certificate for each agent that said tax has been paid, and the presentation of such certificate by such agent to the tax-receiver or tax-collector of his county shall be sufficient evidence of such payment and authorize such officers to relieve the agent of said tax. The payment of this tax shall not be construed so as to relieve the corporation or the agent of any other license or occupation tax whatever.

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Forty-fourth. In all cases in this section where population controls the amount of tax or license fee the last census report by the Federal government shall govern. Forty-fifth. Upon every person, firm or corporation selling patent rights, the sum of twenty-five dollars for each patent right in each county in which they sell or offer to sell said patent rights. Vendors of patent rights. Forty-sixth. Upon every manufacturer of tobacco or wholesale dealer in tobacco doing business in this State who redeems or offers to redeem the tags on the tobacco sold for a consideration, the sum of $200.00. Manufacturers or wholesale dealers in tobacco. Forty-seventh. Upon every club, corporation or association of persons who shall keep or permit to be kept in any room or place, or in any place connected therewith directly or indirectly, in which the members of such club, corporation or association assemble or frequent, any intoxicating liquors, the sum of five hundred dollars; provided, that nothing in this section shall be construed to license or permit the keeping of any intoxicating liquors, in any place now prohibited by law or which may hereafter be prohibited by law. Clubs keeping intoxicants. Section 3. Upon every sewing-machine company, selling or dealing in sewing-machines, by itself, or its agents in this State, and all wholesale and retail dealers in sewing-machines, selling machines manufactured by companies that have not paid the tax herein, shall pay two hundred dollars for the fiscal year or fractional part thereof, to be paid to the Comptroller-General at the time of commencement of business; and said companies or dealers shall furnish the Comptroller-General with a list of agents authorized to sell machines of their manufacture, or under their control, and shall pay to said Comptroller-General the sum of ten dollars for each of said agents for the fiscal year or fractional part thereof, for each county in which said agent may do business for said company. Upon the payment of said additional sum the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State. Before doing business under this Act, all sewing-machine agents shall be required to register their names with the ordinaries of those counties in which they intend to operate, and exhibit to said ordinaries their license from the Comptroller-General, and to keep such license posted on their vehicles, or at their place of business. Wholesale or retail dealers in sewing-machines shall be required to pay the tax provided herein, for each manufacturer of sewing-machines sold by them, except the manufacture

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of such companies as have paid the tax required by this Act. All unsold sewing-machines belonging to sewing-machine companies, dealers, or their agents, in possession of said companies, dealers, their agents, or others, shall be liable to seizure and sale for payment of such fees, license or tax. Any person who shall violate the provisions of this section shall be liable to indictment for a misdemeanor, and on conviction shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. None of the provisions of this section shall apply to licensed auctioneers selling second-hand sewing-machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid as herein provided, and who keep the said machines and sell and deliver them at their place of business, such sales not being on commission; provided, that if said merchant shall employ an agent or agents to deliver or sell the machines, the provisions of this section shall apply to said agent or agents. Sewing machine companies and dealers. SEC. 4. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 1 and 2 of section 2 of this Act shall be returned to the receiver of tax returns in the county of the residence of the person liable to such tax, and shall, by the receiver, be entered upon his digest of taxable property. The tax on insurance agents, etc., required by paragraphs 10 and 11 of the second section of this Act, shall be paid to the Comptroller-General. All the other taxes enumerated and set forth in section 2 of this Act shall be returned and paid to the tax-collectors of the counties where such vocations or business are carried on, and paid in advance. Tax returns SEC. 5. Be it further enacted by the authority aforesaid, That the taxes provided for in this Act shall be paid in full for the fiscal years for which they are levied, to the tax-collectors of the counties where such vocations are carried on at the time of commencing to do business, except such taxes as are by this Act made payable to the Comptroller-General. Before any person shall be authorized to open up or carry on said business, they shall go before the ordinary of the county in which they propose to do business and register their names, the business they propose to engage in, the place where it is to be conducted, and they shall then proceed to pay their tax to the collector. And it shall be the duty of said ordinary to immediately notify the tax-collector of such registration, and at the end of each quarter furnish the Comptroller-General with a report of such special tax registration in his office. Any person failing to register

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with the ordinary, or having registered, fails to pay the special tax as herein required, shall be liable to indictment for misdemeanor and, on conviction, shall be fined not less than double the tax, or be imprisoned as prescribed by section 1039 of volume 3 of the Code of 1895, or both, in the discretion of the court. One-half of said fine shall be applied to the payment of the tax, and the other to the fund of fines and forfeitures for the use of the officers of the court. Taxes, to whom and when payable: SEC. 6. Be it further enacted by the authority aforesaid, That all foreign and home insurance companies (provided this shall not include return premiums on cancelled policies) or insurance brokers placing the insurance upon property in this State, doing business in this State, shall pay one per centum on all premiums in money or otherwise received by them upon the gross receipts of such insurance companies, all such companies doing brokerage business in this State, such as discounting notes, bills, drafts or exchange, lending money or in any manner doing a business pertaining to bankers or brokerage business, shall be taxed upon the capital so employed in the same manner and at the same rate as other money capital in the hands of private individuals is taxed; provided, however, that all loans of such companies, secured by real estate mortgages, and by stocks and bonds in which such companies are required to make investments, shall not be considered as a brokerage or banking business, or a business pertaining thereto, and provided further, that the tax required by this section shall be in lieu of all other taxes, whether State, county or municipal, against such companies except a per centum on their premiums and a business license by the town or city in which such company does business; and, provided further, that nothing herein shall be construed to exempt the real estate or personal property of such companies from taxation, but the same shall be returned for taxation and taxed as other real estate and personal property in this State is taxed. Foreign and Home insurance companies. SEC. 7. Be it further enacted by the authority aforesaid, That the president, general manager and secretary of all building and loan associations, or other associations of like character, shall be required to return to the tax-receiver of the county where such associations are located, all real and personal property of every kind and character belonging to such associations, except that real property located in another county shall be returned to the tax-receiver of that county. Building and Loan Associations. SEC. 8. Be it further enacted by the authority aforesaid,

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That all foreign and home fidelity guarantee companies, or other companies furnishing bonds, or similar associations doing business in this State, shall pay one per cent. on all premiums in money or otherwise received by them, and the agent, general or special, or local, as the case may be, of said companies, shall make returns to the Comptroller-General on the same terms and in the same manner as insurance companies. Fidelity guarantee companies, etc. SEC. 9. Be it further enacted by the authority aforesaid, That the president, superintendents or agents of all manufacturing and other companies, whether incorporated or not, other than railroad, telegraph, telephone, express, sleeping- and palace-car companies, and such other comapnies as are required to make return of the value of their franchise to the Comptroller-General under the provisions of the Act approved December 17, 1902, entitled, an Act to provide for and require the payment of taxes in franchises, and to prescribe the method for the return and payment of said taxes, and all persons and companies conducting business enterprises of every nature whatsoever, shall return for taxation at its true market value all of their real estate to the tax-receiver of the county wherein said real estate is located; provided, that if the real estate upon which said manufacturing or other business enterprise of whatsoever nature is carried on, lies on or across the county-line, or county-lines, and in two or more counties, said real estate shall be returned to the tax-receiver of the county wherein are located the main building containing the machinery, or most of the main buildings; provided, further, that all persons, companies and corporations, not excepted above, conducting any business enterprise upon realty not taxable in the county in which such persons reside, or the office of the company or corporation is located, shall return for taxation their stock of merchandise, raw material, machinery, live stock, and all other personalty employed in the operation of such business enterprise, together with manufactured goods and all other products of such business enterprise, and notes and accounts made and the money used in the prosecution of said business enterprise, on hand at the time for the estimation of property for taxation, including all personalty of whatsoever kind, connected with or used in such enterprise in any manner whatsoever, in the county in which is taxable the realty wherein such business enterprise is located or carried on; provided further, that the agent in this State of any person, firm or corporation, resident without this State, who shall have on hand for sale, storage, or otherwise, as such agents, merchandise or other property, including

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

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company own on the day fixed for the return of property for taxation, and what is the fair market value thereof? And such company shall be taxed upon its entire property so ascertained, and the Comptroller-General is authorized to frame and have propounded any other question which in his judgment would produce a fuller return. SEC. 10. Be it further enacted by the authority aforesaid, That all railroad companies, street and suburban railroads, or sleeping-car companies, companies or persons, or companies operating railroads, or street railroads, or suburban railroads, or sleeping-cars in this State, all express, including railroad companies doing an express, telephone or telegraph business, and all telephone or telegraph companies, person or persons doing an express, telephone or telegraph business; all gas, water, electric light or power, steam heat, refrigerated air, dockage or cranage, canal, toll-road, toll-bridge, railroad equipment and navigation companies, through their president, general manager or agent having control of the companies' affairs in this State, shall be required to make returns of all property of said company located in this State to the Comptroller-General, and the law now of force providing for the taxation of railroads in this State shall be applicable to the assessment and collection of taxes from said business as above stated. Transportation, express, telephone and telegraph companies, etc., returns of. Second. That each non-resident person or company whose sleeping-cars are run in this State shall be taxed as follows: Ascertain the whole number of miles of railroad over which sleeping-cars are run, and ascertain the entire value of all sleeping-cars of such company, of such person or company, then tax such sleeping-cars at the regular tax rate imposed upon the property of this State in the same proportion to the entire value of such sleeping-cars that the length of lines in this State over which such cars run bears to the length of lines of all railroads over which such sleeping-cars run. The returns shall be made to the Comptroller-General by the president, general agent, or person in control of such cars in this State. The Comptroller-General shall frame such questions as will elicit the information sought, and answers thereto shall be made under oath. If the officers above referred to in the control of said sleeping-cars shall fail or refuse to answer, under oath, the questions so propounded, the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping-cars. If the taxes herein provided for are not paid, the Comptroller-General shall issue executions against the owners

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of such cars which may be levied by the sheriff of any county of this State upon the sleeping-car or cars of the owner who has failed to pay the taxes. Non-resident owners of [Illegible Text] cars. Third. Any person or persons, copartnership, company or corporation, wherever organized or incorporated, whose principal business is furnishing or leasing any kind of railroad cars except dining, buffet, chair, parlor, palace or sleeping-cars, or in whom the legal title in any such cars is vested, but which are operated, or leased, or hired to be operated on any railroad in this State, shall be deemed an equipment company. Every such company shall be required to make returns to the Comptroller-General under the same laws in force in reference to the rolling-stock owned by the railroads making returns in this State and the assessment of taxes thereon shall be levied and the taxes collected in the same manner as provided in the case of sleeping-cars in subsection 2 of this section. Equipment companies SEC. 11. Be it further enacted by the authority aforesaid, That no tax shall be assessed upon the capital of banks, or banking associations, organized under the authority of the State or of the United States, and located within this State, but the shares of the stockholders of such banks, or banking associations, whether resident or non-resident owners, shall be taxed in the county where such banks or banking associations are located, and not elsewhere, at their true and full market value, at the same rate provided in this Act for taxation of moneyed capital in the hands of private individuals; provided, that nothing in this section contained shall be construed to relieve such banks or banking associations from the tax on real estate held or owned by them; that each bank or banking association shall pay tax on the surplus and undivided profits when the same are not included in the market value of its shares; provided further, that all property used in conducting or operating a branch bank shall be returned for taxation in the county where such branch bank may be located; provided further, that nothing herein contained shall be construed to levy tax on real or personal property held or owned by any bank or banking association, the value of which is represented in the market value of its shares of stock, and the true intent and meaning of this section is that the bank itself shall return for taxation and pay the taxes on the full market value of all shares of said bank stock. Bank stock. SEC. 12. Be it further enacted by the authority aforesaid, That the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General in the

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manner provided by law for the taxation of the property or the gross receipts or net income of such railroads and shall pay the Comptroller-General the tax to which such property or gross receipts or net incomes may be subject according to the provisions of this Act and the laws now in force relating to the tax on railroads; and on failure to make return or refusal to pay tax. said company shall be liable to all the penalties now provided by law, and the Comptroller-General is hereby required, upon failure of such companies to make returns, or if made and not satisfactory to said officer, to proceed against such companies as provided in section eight hundred and twelve of the Code of eighteen hundred and ninety-five, volume 1. Tax returns of railroad companies. SEC. 13. Be it further enacted by the authority aforesaid, That the presidents and principal agents of all incorporated companies herein mentioned, except such as are required to make returns to tax-receivers of the counties, shall make returns to the Comptroller-General under the rules and regulations provided by law for such returns, and subject to the same penalties and modes of procedure for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Tax returns of other corporations. SEC. 14. Be it further enacted by the authority aforesaid, That any person or company, resident of this State, who is owner of a vessel or boat or water craft of any description, shall answer under oath the number of vessels, boats and other water craft owned by them, and the value of each, and make returns of the same to the tax-receiver of the county of the residence of such person or company, and the same shall be taxed as other property is taxed. Vessels or water crafts. SEC. 15. Be it further enacted by the authority aforesaid. That in returning property for taxes all property shall be returned at its value. Promissory notes, accounts, judgments, mortgages, liens of all kinds, and all choses in action, shall be given in at their value, whether solvent or partially solvent. Every person shall return for taxes all jewelry and other property of every kind owned by his wife and minor children, unless the member of his or her family return their property for taxation. In addition to the questions now propounded to the tax-payer by the tax-receiver, questions shall be framed by the Comptroller-General to reach all property upon which a tax is imposed by this Act. Taxable value of all property. SEC. 16. Be it further enacted by the authority aforesaid,

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That the oath to be administered to all persons making returns of taxable property for themselves or as agent of another, shall be the oath required under section 834, volume 1 of the Code of 1895, to be attached to the printed list presented to each tax-payer; provided, that non-residents, females and sick persons make, take and subscribe the oath herein required, before any person authorized by law to administer oaths, and cause the same to be delivered to the tax-payer, who shall receive the same. Oath to tax returns. SEC. 17. Be it further enacted by the authority aforesaid, That the Comptroller-General is authorized and empowered to order the tax-receivers of this State to commence receiving the returns of the taxable property immediately after the first day of April of each of said years 1908 and 1909, and that the Comptroller-General is empowered and required to cause the tax to be collected and to be paid into the sub-treasury by the 20th of April of each of the years 1909 and 1910. Return day. SEC. 18. Be it further enacted by the authority aforesaid, That blind persons, persons with one arm or one leg, Confederate soldiers, and all other persons having lost a limb or limbs, or deformed by nature, so as to render them unfit for manual labor, relieved by the proviso in paragraph 1, section 2, from the payment of taxes designated in that paragraph, shall be relieved also from the payment of the taxes designated in paragraphs 7, 8, 9 and 12 of section 2, and also from payment of any county or municipal license tax, if carrying on and dependent upon the kinds of business designated therein; provided, that before any person shall be entitled to the benefit of any other exemptions provided for in this section, he shall go before the ordinary of the county in which he proposes to carry on said business and make and file an affidavit setting forth the facts that he is entitled to such exemptions, and that he is the proprietor and owner of the business he proposes to conduct, and is conducting the same for himself and not for others. Blind, maimed and deformed persons SEC. 19. Be it further enacted by the authority aforesaid, That immediately after the first days of March of the years 1908 and 1909, the Governor, Comptroller-General and State Treasurer shall fix a day between January 1st and April 1st of each year for the years 1908 and 1909, as the day for the making the return of taxes instead of April 1st, which day shall not be fixed until March 1st of each of the years 1908 and 1909 as provided by Act approved December 20, 1893. Return day SEC. 20. Be it further enacted by the authority aforesaid,

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That it shall be the duty of the Comptroller-General, when he causes to be printed the lists which are to be presented to the taxpayer, as is required under existing laws, to incorporate therein the questions provided for in sections 8 and 14 of this Act, and to so arrange them as to require a separate answer to each question, and the Comptroller-General is authorized and required to include any other question in said lists which in his judgment will cause a fuller return of property subject to taxation under the laws of this State, and shall omit from said lists such questions as are more explicitly covered and set forth in this Act or under existing laws. Questions by Comptroller-General. SEC. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of the receiver of tax returns of the several counties of this State, before receiving the returns of any tax-payers, to actually administer the oath required by law, of tax-payers, the oath being read by the tax-payer in the presence of and in the hearing of the tax-receiver, or by the tax-receiver in the hearing and presence of the tax-payer; and for failure of such receiver to so administer such oath, except in those cases where by law said oath may be made before some other persons, such receiver will be guilty of a misdemeanor and, upon conviction, shall be punished as prescribed in section 1039 of volume 3 of the Code of 1895. Oath of tax payer. SEC. 22. Be it further enacted by the authority aforesaid, That the intent and purposes of the tax laws of this State is to have all property and subjects of taxation assessed at the value which would be realized therefrom by cash sale, as such property and subjects are usually sold, but not by a forced sale thereof, and the words fair market value, when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in such manner as such property and subjects are usually sold. Fair market value. SEC. 23. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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GENERAL TAX ACT FOR 1906 AND 1907 AMENDED. No. 183. To be entitled an Act to amend the General Tax Act for the years 1906 and 1907 to permit the tax levy for 1907 to be fixed at five mills, to provide that any funds in the treasury not otherwise appropriated may be used to meet the appropriation for common schools for the year 1908, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Governor be authorized and empowered, with the assistance of the Comptroller-General, to fix the tax levy for 1907 at five mills. General tax for 1907. SEC. 2. Be it further enacted, That any moneys in the treasury not otherwise appropriated may be used for the payment of the appropriation for the year 1908 for the support of the common schools, and the Governor is hereby authorized to draw his warrant for the same. Appropriation for common schools for 1908. SEC. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. TAX FOR PAYMENT OF BONDS. No. 144. An Act to pay off and retire valid bonds of the State as they mature (in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877) by levy and collection of a tax for that purpose, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Governor is hereby authorized and directed with the assistance of the Comptroller-General at the time of assessment of the levy of the taxes for the year 1908 to assess and levy a per centum on the taxable property of this State sufficient to

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raise one hundred thousand dollars net for said year, one thousand nine hundred and eight, in addition to the amount to be levied to pay the public expenses and the interest on the public debt, which shall be a sinking fund to pay off and retire an equal amount of valid bonds of this State, as they may mature, as hereinafter provided, which shall be applied to no other purpose whatever. Tax for sinking fund. Provided, this tax shall not be estimated by any county authorities in assessing for county purposes the taxes of any county. SEC. 2. Be it further enacted by the authority aforesaid, That the tax authorized herein shall be specially levied and collected, and separate accounts of the same shall be kept by the treasurer, and the money arising therefrom shall be applied to paying off and retiring the valid bonds of this State as hereinbefore provided. Payment of bonds. SEC. 3. Be it further enacted by the authority aforesaid, That the said amount so raised in the year 1908 shall be applied to paying off and retiring the valid bonds of this State maturing on January 1, 1910. Tax in 1908 to pay bonds in 1910. SEC. 4. Be it further enacted by the authority aforesaid, That all bonds retired under the provisions of this Act shall be cancelled and stamped with the words, Sinking Fund, by the treasurer and filed in his office. Bonds, how cancelled. 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 22, 1907.

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TITLE III. AMENDMENT TO CONSTITUTION. ACTS. Qualifications of electors and registration of voters. QUALIFICATION OF ELECTORS AND REGISTRATION OF VOTERS. No. 124. An Act to amend the Constitution of the State of Georgia by repealing section 1 of article 2 of the Constitution of this State and inserting in lieu thereof a new section, consisting of nine paragraphs, prescribing the qualifications for electors; providing for the registration of voters, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 1 of article 2 of the Constitution of this State be, and the same is, hereby repealed and the following section, consisting of nine paragraphs, be inserted in said article in lieu thereof: SECTION 1. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law. Registration of voters. Par. 2. Every male citizen of this State who is a citizen of the United States, twenty-one years old or upwards, not laboring under any of the disabilities named in this article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people; provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State. Electors entitled to register and vote

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Par. 3. To entitle a person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election, and shall have paid all taxes which may have been required of him since the adoption of the Constitution of Georgia of 1877 that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote, except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes. Qualifications of electors. Par. 4. Every male citizen of this State shall be entitled to register as an elector and to vote in all elections of said State who is not disqualified under the provisions of section 2 of article 2 of this Constitution, and who possesses the qualifications prescribed in paragraphs 2 and 3 of this section or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the five following sub-divisions of this paragraph. Special qualifications. 1. All persons who have honorably served in the land or naval forces of the United States in the Revolutionary war, or in the War of 1812, or in the war with Mexico, or in any war with the Indians or in the War between the States, or in the war with Spain, or who honorably served in the land or naval forces of the Confederate States, or of the State of Georgia in the War between the States, or Soldiers. 2. All persons lawfully descended from those embraced in the classes enumerated in the sub-division next above, or Decendants of soldiers. 3. All persons who are of good character, and understand the duties and obligations of citizenship under a republican form of government; or Character and intelligence. 4. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements, but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State, that may be read to them by any one of the registrars; or Constitutional test. 5. Any person who is the owner in good faith in his own

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right of at least forty acres of land situated in this State, upon which he resides, or is the owner in good faith in his own right of property, situated in this State and assessed for taxation at the value of five hundred dollars. Property qualification. Par. 5. The right to register under sub-divisions 1 and 2 of paragraph 4 shall continue only until January 1, 1915. But the registrars shall prepare a roster of all persons who register under sub-divisions 1 and 2 of paragraph 4, and shall return the same to the clerk's office of the Superior Court of their counties and the clerks of the Superior Court shall send copies of the same to the Secretary of State, and it shall be the duty of these officers to record and permanently preserve these rosters. Any person who has been once registered under either of the sub-divisions 1 of 2 of paragraph 4 shall thereafter be permitted to vote; provided, he meets the requirements of paragraphs 2 and 3 of this section. Roster of electors. Par. 6. Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the five sub-divisions of paragraph 4, shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any persons to register under said sub-divisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of the clerk of the Superior Court to be tried as other appeals. Appeals from decisions of Registrars. Par. 7. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force. Par. 8. No person shall be allowed to participate in a primary of any political party or a convention of any political party in this State who is not a qualified voter. Primaries and political conventions. Par. 9. The machinery provided by law for the registration of force October 1, 1908, shall be used to carry out the provisions of this section, except where inconsistent with same; the Legislature may change or amend the registration laws from time to time, but no such change or amendment shall operate to defeat any of the provisions of this section. Registration laws. SEC. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers

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in each Congressional district in this State for the period of two months next preceding the time of holding the next general election. Publication of this amendment SEC. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided in the second section of this Act in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words, For amendment of Constitution, providing qualifications of voters, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against amendment of Constitution providing qualifications of voters. Ballots for and against ratification. SEC. 4. Be it further enacted, That the Governor be, and he is, hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people, as required by the Constitution of this State in paragraph one of section one of article thirteen, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State, announcing such result and declaring the amendment ratified. Proclamation announcing ratification. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 21, 1907.

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TITLE IV. CODE AMENDMENTS. ACTS. Volume 1, section 982State Depository in Cochran. Volume 1, section 982State Depository in Conyers. Volume 1, section 982State Depository in Hazelhurst. Volume 1, section 982State Depository in Lyons. Volume 1, section 982State Depository in Ocilla. Volume 1, section 982State Depository in Pembroke. Volume 2, section 1884Corporate stock, amount how changed. Volume 2, section 2026Investments by Insurance Companies. Volume 3, section 114Abandonment of child by father. Volume 3, section 243Forgery of any writing. Volume 3, section 1115Pay of non-resident witnesses. STATE DEPOSITORY IN COCHRAN. No. 126. 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 Cochran, in Pulaski 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 Cochran, in Pulaski county, Georgia, to the list of such cities. State Depository in Cochran. 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 22, 1907.

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STATE DEPOSITORY IN CONYERS. No. 224. An Act to amend section 982 of volume 1 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories and the several Acts amendatory thereof, so as to add the city of Conyers, in Rockdale county, State of Georgia, to the list of such cities and towns, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 982 of volume 1 of the Code of 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 thereof, be and the same are hereby amended so as to add the city of Conyers, in Rockdale county, to the list of such cities and towns. State Depository in Conyers. 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 22, 1907. STATE DEPOSITORY IN HAZELHURST. No. 184. An Act to amend section 982 of volume 1 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named as State depositories, and the several Acts of the General Assembly amendatory thereof, so as to add the town of Hazelhurst, in the county of Jeff Davis, Georgia, to the list of such cities and towns, 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 982 of volume 1 of the Code of 1895, providing for the selection by the Governor of banks in certain towns and cities therein named as State depositories, and the several Acts of the

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General Assembly amendatory thereof be, and the same are, hereby amended so as to add the town of Hazelhurst, in the county of Jeff Davis, Georgia, to the list of cities and towns. State Depository in Hazelhurst. 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 22, 1907. STATE DEPOSITORY IN LYONS. No. 69. 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 town therein named as State depositories, and the several Acts amendatory thereof, so as to add the city of Lyons, in Toombs county, 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 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 Lyons, in Toombs county, Georgia, to the lis of such cities and towns. State Depository in Lyons. 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 16, 1907.

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STATE DEPOSITORY IN OCILLA. No. 121. 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 town therein named as State depositories, and the several Acts of the General Assembly of the State of Georgia amendatory thereof, so as to add the town of Ocilla, in Irwin 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, volume 1 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly amendatory thereof be, and the same are, hereby amended so as to add the town of Ocilla, in Irwin county, Georgia, to the list of such towns. State Depository in Ocilla 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 22, 1907. STATE DEPOSITORY IN PEMBROKE. No. 62. 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 (town) of Pembroke, in Bryan county, 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 the authority of the same, That section 982 of volume 1 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns therein named as State depositories,

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and the several Acts of the General Assembly amendatory thereof be, and the same are, hereby amended so as to add the town of Pembroke, in Bryan county, Georgia, to the list of such cities and towns. State Depository in Pembroke. 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 16, 1907. CORPORATE STOCK, AMOUNT, HOW CHANGED. No. 107. An Act to amend an Act entitled an Act to amend section 1844 of the Code of the State of Georgia of 1895, which said section prescribes the manner of changing the name or place of business of any banking, railroad, insurance, express, telegraph, canal, or navigation company in the State, by inserting a provision for changing the face value of each share of stock, or changing the number of the board of directors, and for other purposes, approved December 21, 1897, so as to provide for changing the amount of the capital stock of any of said corporations. SECTION 1. 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 the Act entitled an Act to amend section 1844 of the Code of the State of Georgia of 1895, which said section prescribes the manner [Illegible Text] changing the name or place of business of any banking, railroad, insurance, express, telegraph, canal, or navigation company in this State, by inserting a provision for changing the face value of each share of stock, or changing of the board of directors, and for other purposes, approved December 21, 1897, the same being an Act amending the law providing for amending charters of corporations granted by the Secretary of State be, and the same is, hereby amended as follows, to wit: By inserting the words or the amount of its capital stock, between the word directors and the word changed, in the tenth line thereof, and by inserting the words, or the amount of its capital stock, between the word directors and the word any, in the sixteenth line thereof; and by

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adding the words or the amount of its capital stock, after the word directors, and before the word changed, in the seventh line thereof, as published in the Acts for the year 1897. Corporate stock, amount, how changed. 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 22, 1907. INVESTMENTS BY INSURANCE COMPANIES. No. 277. An Act to amend section 2026 of the Code of 1895, by striking out all the words thereof, and substituting in lieu thereof words defining the character of investments to be made by insurance companies doing business in 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 all the words of section 2026 of the Code of 1895, which section provides how insurance companies organized under the laws of this State may invest their money, be stricken and in lieu thereof the following words be substituted: Investments by insurance companies. Every insurance company organized under, and doing business by virtue of the laws of this State, shall have authority to invest its money or assets in and make loans on bonds of the United States, or of any State, county or city therein; first lien on improved real estate in any of the States of the United States, not exceeding 50 per centum of the value of such property; promissory notes amply secured by pledge of securities in which such companies are authorized to invest their funds; loans on their own policies, not exceeding the reserve thereon; and invest in buildings for home office purposes. Provided, however, that nothing herein contained shall authorize any such company to invest in any other than this State more than the legal reserve value of policies, held in such other State, respectively. Provided further, that all such investments shall first be approved by the Insurance Commissioners of Georgia, except in case of loans on policies of the company not exceeding the reserve of the policy at the time of the loan. Investments by insurance companies. 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 22, 1907.

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ABANDONMENT OF CHILD BY FATHER. No. 161. An Act to amend section 114 of the Penal Code of Georgia, which relates to the abandonment of children by the father, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section No. 114 of the Penal Code of Georgia, which relates to abandonment of children by the father, shall be amended by striking out the words and destitute, which occur after the word dependent and before the word condition, and by adding at the end of said section the following sentence: All children thus abandoned by the father shall be considered to be in a dependent condition when said father does not furnish sufficient food and clothing for the needs of said child; so that when amended said section shall read as follows: If any father shall wilfully and voluntarily abandon his child, leaving it in a dependent condition, he shall be guilty of a misdemeanor. The wife shall be a competent witness in such cases, to testify for or against her husband. All children thus abandoned by the father shall be considered to be in a dependent condition when said father does not furnish sufficient food and clothing for the needs of said child. Abandonment of child by father. 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 22, 1907. FORGERY OF ANY WRITING. No. 297. An Act to amend section 243 of the Penal Code of Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 243 of the Penal Code of the State of Georgia be, and the same is, hereby amended by adding after

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the word for and before the word with, in the fourth line of said section, the words or shall fraudulently utter, publish, pass, or tender the same, knowing the said writing to be forged, or counterfeited, or falsely and fraudulently altered, and that it be further amended by striking out the words bank or other corporate body, in the fifth line of said section, and by substituting in lieu thereof the words firm or corporation, so that said section, as amended, shall read as follows: If any person shall fraudulently make, sign, forge, counterfeit, or alter, or be concerned in the fraudulent making, signing, forging, counterfeiting, or altering any other writing not herein provided for, or shall fraudulently utter, publish, pass, or tender the same knowing the said writing to be forged, or counterfeited, or falsely and fraudulently altered, with intent to defraud any person, firm or corporation, or shall fraudulently cause or procure the same to be done, he shall be punished by imprisonment and labor in the penitentiary for not less than two years nor longer than five years. Forgery, penalty. 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 22, 1907. PAY OF NON-RESIDENT WITNESSES. No. 303. An Act to amend section 1115 of the Penal Code of 1895, by striking from said section, in the sixth and seventh lines thereof, the words but he may receive the per diem pay for attendance in any criminal case pending in the Court, and by adding immediately after the word receive, as it first appears in the sixth line of said section, and immediately preceding the word mileage, as it first appears in the sixth line of said section, the words per diem pay and. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 1115 of the Penal Code of 1895 be amended as follows: By striking from said section, in the sixth and seventh lines thereof, the words but he may receive the per diem pay for attendance in any criminal case pending in the court, and by adding immediately

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after the word receive, as it first appears in the sixth line of said section, and immediately preceding the word mileage, as it first appears in the sixth line of said section, the words per diem pay and, so that said section, as amended, shall read as follows: A witness for the State attending in a different county from that of his residence shall receive two dollars a day during his attendance, and his actual traveling expenses, not to exceed four cents per mile in going and returning. If he is subp[oelig]naed in more than one case, he shall receive per diem pay and mileage in one case only: Provided, That a witness whose residence or usual place of business is within three miles of the court-room attended by him, shall be paid for attendance seventy-five cents per day, and no mileage. Pay of non-resident witnesses. 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 22, 1907.

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TITLE V. SUPERIOR COURTS. ACTS. Atlanta Judicial Circuit, additional Judge for. Cordele Judicial Circuit, terms of Court. Bibb Superior Court terms of. Dodge Superior Court, terms of. Early Superior Court, terms of. Effingh m Superior Court, terms of. Grady County transferred to Albany Circuit Gwinnett Superior Court, terms of. Jasper Superior Court, terms of. Laurens County transferred to Oconee Circuit. Liberty Superior Court, terms of. ATLANTA JUDICIAL CIRCUIT, ADDITIONAL JUDGE FOR. No. 1. An Act to carry into effect an amendment to the Constitution of this State, approved August 22, 1905, and duly ratified, authorizing the Legislature to add one or more additional judges of the superior court for any judicial circuit in this State so as to provide an additional judge of the superior court for the Atlanta circuit; to regulate the manner in which the judges of said Atlanta circuit shall dispose of the business thereof; to fix the time of which the term of said additional judge shall begin, to provide for his appointment and for his 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 upon the passage and approval of this Act there shall be appointed by his Excellency, the Governor, an additional judge of the superior courts for the Atlanta circuit for a term of office

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commencing on the date of such an appointment and continuing until the first day of January, 1911, and until his successor shall have been duly elected and qualified in the manner now provided by law for the election of judges of the superior courts. An additional judge for the Atlanta circuit. SEC. 2. Be it further enacted by the authority aforesaid, That the successor of said additional judge of the superior court of the Atlanta circuit shall be elected in the manner now provided by law for the election of judges of the superior courts of this State at the general election for members of the General Assembly, to be held on the first Wednesday in October, 1910, for a term of four years, beginning on the first day of January, 1911, and until his successor shall have been elected and qualified. All future elections for such judge shall be for a term of four years, and shall be held and conducted as is now, or may hereafter be, provided by law for the election of judges of the superior courts of said State. Elections and terms of office. SEC. 3. Be it further enacted by the authority aforesaid, That the qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges, and his compensation shall be the same as that of the present judge of the superior court of said Atlanta circuit, and all laws now of force relating to the compensation of judges of the superior court and of the judge of the superior court of the Atlanta circuit shall apply to said additional judge; provided, that the salary of such judge, or his successor or successors, to be paid out of the State Treasury, shall not exceed the amount paid from that source to other judges of the superior courts of this State. But this proviso shall not affect the additional salary provided for by the Act approved July 31, 1906, and the Acts of which that Act was amendatory, which Acts relating to the salaries of judges of the superior court of circuits having therein a city with a population of not less than 34,000 inhabitants, according to the United States census of 1900, are made applicable to the judge provided for by this Act. Qualifications and compensation. SEC. 4. Be it further enacted by the authority aforesaid, That said additional judge of the superior court of said Atlanta circuit shall have all the powers, jurisdiction, duties and dignity of the present judge of the superior court of the Atlanta circuit, and of all the other judges of the superior courts of said State. Powers, etc. SEC. 5. Be it further enacted by the authority aforesaid, That all writs, processes, orders and subp[oelig]nas issuing out of the superior court of the Atlanta circuit may bear test in the name of either of the judges of said Atlanta circuit, and when issued by,

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or in the name of either judge of said circuit shall be as valid and binding as if there were only one judge of said superior court, and they had been issued by him or had borne test in his name. Writs, etc. how issued SEC. 6. Be it further enacted by the authority aforesaid, That the drawing or empaneling of all jurors, whether grand, petit or special, may be by either of the judges of the superior court of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said court so as to have jurors for the trial of cases before either of said judges, or before each of them at the same time. SEC. 7. Be it further enacted by the authority aforesaid, That all writs and processes in the superior court of the Atlanta circuit shall be returnable to the terms of the superior court of Fulton county, as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all the terms of said court shall be held in the same manner as though there was but one judge, it being the intent and purpose of this Act to provide for two judges, co-equal in jurisdiction and authority, to attend to and perform the functions, powers and duties of judges of said superior court, and to direct and conduct all hearings and trials in said court. Two judges co-equal in jurisdiction SEC. 8. Be it further enacted by the authority aforesaid, That all the functions provided by law, or permitted by law, to be done or performed by judges of the superior courts of this State, whether in their own, or in other circuits, or whether sitting in Appellate Courts as provided by law, may be done or performed by either of the judges of said Atlanta circuit. Co-equal in authority. SEC. 9. Be it further enacted by the authority aforesaid, That said judges of the superior court of the Atlanta circuit shall have, and they are hereby clothed with full power, authority and discretion, to determine from time to time, and term to term, the manner of calling the dockets in said court, and of fixing the order of business. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by jury to the other judge, and they may alternate such order of business at the next term. They may both conduct jury trials at the same time, or they may both hear chambers business and motion business at the same time. They may provide in all respect for holding the superior court of said circuit so as to facilitate the hearing and determination of all the business of said court at any time pending and ready for hearing or trial. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said

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court where the judges thereof can not agree, or shall differ, the opinion or order of the judge senior in term of service as superior court judge shall control. Order of business in Atlanta circuit. SEC. 10. Be it further enacted by the authority aforesaid, That nothing in this Act contained shall be construed or held to change, modify or repeal any existing law or rule of practice by or under which the criminal business, or criminal cases, in the superior court of Fulton county are now heard, tried or disposed of. Practice in criminal cases unchanged. SEC. 11. Be it further enacted by the authority aforesaid, That the county authorities of Fulton county are hereby fully authorized and empowered to provide a suitable court-room, jury-rooms, and chambers for said additional judge. Court-room, etc. SEC. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved July 23, 1907. CORDELE JUDICIAL CIRCUIT, TERMS OF. No. 263. An Act to revise the superior court calendar for the counties composing the Cordele judicial circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the time of holding the superior courts in the counties composing the Cordele judicial circuit shall, from and after the first day of January, 1908, be as follows: For the county of Irwin, the first and second Mondays in March and September; for the county of Ben Hill, the first and second Mondays in April and October; for the county of Wilcox, the third and fourth Mondays in March and September; for the county of Dooly, the first and second Mondays in May and November; for the county of Crisp, commencing on the third Mondays in May and November, and to continue for such time as the business may require. Terms of Superior Court in Cordele Circuit. SEC. 2. Be it further enacted by the authority aforesaid, That all petitions, bills, writs, summons, subp[oelig]nas, bail bonds, 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.

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SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. BIBB SUPERIOR COURT, TERMS OF. No. 185. A bill to be entitled an Act to amend an Act entitled An Act to provide for holding four (4) terms a year of the superior court of Bibb county, and to prescribe the time for holding the same, and for other purposes, by striking out the words third Monday in January, in the second line of the second section, and inserting in lieu thereof the words first Monday in February, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act entitled an Act to provide for holding four terms a year of the superior court of Bibb county, and to subscribe the time for holding the same, and for other purposes, approved August 31, 1905, be, and is hereby, amended by striking from the second line in the second section the words third Monday in January and inserting in lieu thereof the words first Monday in February, so that said section when amended shall read as follows: Section 2. Be it further enacted, That the terms of said court shall be held on the first Monday in February, third Monday in April, third Monday in July, and the first Monday in November in each year. Bibb Superior Court, terms 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 22, 1907.

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DODGE SUPERIOR COURT, TERMS OF. No. 65. An Act to change the time of holding the superior court of Dodge county in the Oconee circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1908, the time of holding the superior court of the county of Dodge in the Oconee circuit shall be changed from the third and fourth Monday in May and November to the first and second Monday in March and September of each year. SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes, summons, subp[oelig]nas, bail, bonds, true bills, and all other processes and proceedings of all kinds returnable to said court after November term, 1907, of said court prior to the first day of January, 1908, 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 the said court after the November term of 1907 of said court, shall be required to attend the corresponding term as fixed and prescribed by this Act. Dodge Superior Court, terms of. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1907. EARLY SUPERIOR COURT, TERMS OF. No. 134. An Act to provide for two weeks' sessions of the superior court of Early county, Georgia; for the drawing of traverse juries of said sessions; to validate the panels of traverse jurors already drawn for the October term, 1907, of said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State

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of Georgia, That from and after the passage of this Act the superior court of Early county, said State, which convenes on the first Mondays in April and October in each year may remain in session for a period of two weeks, or longer if necessary for the disposal of business pending in said court. Early Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That separate traverse juries may be drawn by the court as now provided by law for each week of each of said sessions, and that the traverse juries which have been heretofore drawn in said court for the October term, 1907, thereof, shall be deemed and held to be valid and lawful juries for all purposes; provided, that nothing in this Act shall prevent the presiding judge of said court from drawing one traverse jury for the two weeks' session of said court, or from having the jury drawn for the first week summoned to serve the second week of the session. Traverse juries. 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 22, 1907. EFFINGHAM SUPERIOR COURT, TERMS OF. No. 92. An Act to change the time of holding the superior court of Effingham county, Georgia, in the Atlantic judicial circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the time for holding the fall term of the superior court of Effingham county shall be changed from the second Monday in November to the second Monday in October of each year, and the time for holding the spring term of said superior court in said county shall be changed from the second Monday in May to the second Monday in April of each year. Effingham Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes, orders, summons, subp[oelig]nas, bail bonds, and all processes and proceedings of any kind or nature, returnable to said court, as now held on the second Mondays in November

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and May of each year, shall be held and considered as returnable to the terms of court as herein provided and fixed, and all jurors and witnesses, sworn or summoned to attend any term of said court, as now fixed by law, shall be required to attend the corresponding terms of said court as fixed and provided by this Act. Processes, etc., how returnable. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1907. GRADY COUNTY, TRANSFERRED TO ALBANY CIRCUIT. No. 99. An Act to transfer and attach the county of Grady to the Albany judicial circuit from the Southern judicial circuit. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the county of Grady in said State of Georgia is hereby attached and transferred to the Albany judicial circuit from the Southern judicial circuit. Grady county transferred to Albany Circuit SEC. 2. Be it further enacted by the authority aforesaid, That all writs, processes, orders, summons, attachments, bail bonds, and all other proceedings of whatever kind returnable to the Southern judicial circuit at the terms of said court, shall be held returnable to the Albany judicial circuit at the terms fixed by this Act and that this Act shall go into effect on September 1, 1907, at which time all grand and traverse jurors drawn and summoned shall serve as provided by law. Processes, etc., how returnable. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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GWINNETT SUPERIOR COURT, TERMS OF. No. 42. An Act to provide for holding four terms a year of the superior court of Gwinnett county; to prescribe the time for holding 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 same, That from and after the passage of this Act there shall be held in each year four terms of the superior court for the county of Gwinnett, in the Western circuit. Gwinnett Superior Court, terms of. SEC. 2. Be it further enacted, That the term of said court shall begin on the first Monday in March, first Monday in June, first Monday in September, and the first Monday in December in each year. When held. SEC. 3. Be it further enacted, That the judge shall only draw a grand jury for the March and September terms of said court; provided, that the presiding judge, in his discretion, may require the attendance of the grand jury at the June and December terms, or either of them, if the business of the court should require it; but the duties of the said grand jury shall not require them to perform any other service at said June or December terms than they shall be by the presiding judge especially charged with. Grand juries. SEC. 4. Be it further enacted, That all cases brought in the superior court of Gwinnett county shall be made returnable to the term beginning next after twenty days have elapsed from the filing of the suit, and all cases shall be triable at the next term after such return term. Return terms. 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 13, 1907.

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JASPER SUPERIOR COURT, TERMS OF. No. 307. An Act to change the time of holding the superior court of Jasper county from the fourth Mondays in March and September to the third Mondays in August and February, 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, 1908, the time of holding the spring term of Jasper county superior court shall be changed from the fourth Monday in March to the third Monday in February of each year, and the time of holding the fall term of said superior court in said county shall be changed from the fourth Monday in September to the third Monday in August of each year. Jasper Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That said superior court of the said county of Jasper shall continue in session at each term thereof for the full period of two weeks, or so much of said period as shall be necessary to complete the business of said court. Length of terms. SEC. 3. Be it further enacted by the authority aforesaid, That all writs and processes, orders, summons, subp[oelig]nas, bail bonds and all processes and proceedings of any kind, returnable to said court after the September term, 1907, of said court and prior to the first day of January, 1908, shall be held and considered returnable to the terms as herein [Illegible Text] and prescribed; and that all jurors and witnesses drawn or summoned to attend any term of said court after the September term, 1907, of said court shall be required to attend the corresponding term as fixed and prescribed by this Act. Writs, etc., how returnable. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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LAURENS COUNTY TRANSFERRED TO OCONEE CIRCUIT. No. 82. An Act to rearrange the Oconee and Ocmulgee circuits by taking from the Ocmulgee circuit the county of Laurens and adding said county to the Oconee 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 March, 1908, the county of Laurens shall become a part of the Oconee judicial circuit, and shall cease to be a part of the Ocmulgee judicial circuit; provided, this Act does not affect the office of solicitor-general of the Ocmulgee circuit during the present term of office, and he is still authorized to discharge the duties of said office during said term: Provided further, that the provision of this Act shall not affect the office of the official court stenographer of the Ocmulgee circuit and he shall be and is hereby authorized to continue to perform his official duties in the county of Laurens in the Oconee circuit. Laurens county transferred to Oconee Circuit SEC. 2. Be it further enacted by the authority aforesaid, That times of holding the superior court of said county of Laurens shall be the same as that now fixed by law. Terms of Superior Court. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1907. LIBERTY SUPERIOR COURT, TERMS OF. No. 46. An Act to change the time of holding the superior court of Liberty county, in Atlantic judicial circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the time of holding the superior court of Liberty county, in the Atlantic judicial circuit, shall be changed from the first Mondays in February and September to the third Mondays in February aand September, respectively, in each year. Liberty Superior Court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all writs and processes, orders and summons, subp[oelig]nas, bonds and proceedings of all kinds returnable to said court shall be deemed, held and considered returnable to the terms of said court as herein fixed and prescribed; and that all jurors and witnesses drawn or summoned to attend the September term of said court, next after the passage of this Act, shall be held and considered to be drawn and summoned to attend the term of said court as is herein fixed and prescribed, and shall be required to attend the term of court as fixed by this Act. Writs, etc., how returnable. 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 13, 1907.

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TITLE VI. MISCELLANEOUS. ACTS. Railroad Commission, membership, powers, etc. Intoxicants, manufacture and sale prohibited. Railroads, transportation of perishable products. Bank Bureau established in Treasury Department. Arbitration of tax returns, made to Comptroller-General. Notes, etc., maturing on a holiday, when payable. Insurance Clerk, salary of. Primary Elections, vote required to nominate. Public Roads, duty and tax. District Schools, local tax and trustees. Militia, organization, etc. Ordinary, pro hac vice. Pensions, how paid. Homes for indigent old women. Indexes to records in certain counties, how provided. Deputy Sheriffs and Bailiffs, compensation of County Treasurers, salaries in certain counties. Justices and Constables, fees of in certain counties. Stenographers of certain Judicial Circuits, salaries of. Deputy Jailers and Jail Guards, compensation in certain counties. Justices of Peace, elected, compensation of in certain cities. Nurses, examiners of, etc. Narcotic Drugs, sale of regulated. Fishing on Sunday prohibited. RAILROAD COMMISSION, MEMBERSHIP, POWERS, ETC. No. 223. An Act to increase the membership of the Railroad Commission of Georgia, and to prescribe the qualifications for membership; to authorize the designation of a chairman thereof by the Governor, and to prescribe his duties and compensation; to revise, enlarge and more clearly define the powers, duties and rights of said commission; to authorize it to employ rate and other experts, and to fix their pay; to increase the printing

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fund, and the salary of the secretary of the commission; to employ a stenographer and fix his pay; to extend its powers and jurisdiction over docks and wharves, terminal companies, cotton compress companies, corporations or persons owning, leasing or operating railway terminals or terminal stations; over telephone or telegraphic companies or corporations or persons owning, leasing or operating any public telephone service in this State, and over street railroads and street railroad corporations, companies or persons owning, leasing or operating street railroads in this State, over gas and electric light and power companies, corporations or persons owning, leasing or operating public gas plants, electric light and power plants furnishing power to the public; to fix the domicile of the Railroad Commission, and prescribe what courts of this State have jurisdiction over proceedings instituted against it; to prescribe and fix penalties and punishments for failure or refusal to observe any order, rule or regulation of the Railroad Commission, and to prescribe the form of procedure for enforcing the same; to repeal sections 2195 and 2196 of the Code of Georgia, 1895, touching penalties and procedures to enforce the same for a violation of the orders, rules and regulations of the commission; to repeal sections 3 and 4 of the Act approved August 23, 1905, prescribing certain penalties and forms of procedure for enforcing 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 and approval of this Act the Railroad Commission of Georgia shall consist of five members, to be elected by the qualified voters of Georgia as prescribed in the Act approved August 21, 1906. The terms of office of the two additional commissioners provided for in this Act shall expire, one on December 1, 1911, and the other December 1, 1913, and thereafter the terms shall be for six years each. The Governor, by and with the consent of the Senate, shall appoint the two additional commissioners immediately after the passage and approval of this Act, but the appointees hereunder shall be commissioned only until December 1, 1908, said positions to be filled for the unexpired terms by two commissioners to be elected at the regular general election on the first Wednesday in October, 1908. In order that there may be uniformity of expiration of the terms of all the Railroad Commissioners, the term of the

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present commissioner expiring October 15, 1909, shall be extended to December 1, 1909; the term of the present commissioner expiring October 15, 1911, shall be extended to December 1, 1911, and the term of the commissioner expiring October 15, 1913, shall be extended to December 1, 1913, their respective successors to be elected for full terms of six years each. Railroad Commission: members, how chosen, and terms of office. SEC. 2. Be it further enacted by the authority aforesaid, That any person thirty years of age, who is qualified to vote as an elector in this State, and who is not directly or indirectly interested in any mercantile business or any corporation that is controlled by or that participates in the benefit of any pool, combination, trust, contract or arrangement that has the effect or tends to increase the cost to the public of carriage, heat, light, power or of any commodity or merchandise sold to the public, shall be eligible to membership on said Commission without reference to his experience in law or railway business. Qualifications of members. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commission to elect from its membership the chairman of the Railroad Commission of Georgia, who shall hold the position of chairman for a term of two years, and who shall give his entire time to the duties of his office, and who shall receive therefor during his term as chairman a salary of four thousand ($4,000) dollars per annum, to be paid from the State Treasury. Chairman. SEC. 4. Be it further enacted by the authority aforesaid, That the said Railroad Commission is hereby authorized and empowered to employ one or more rate experts at a total cost not to exceed four thousand ($4,000) dollars per annum, for the entire service to be rendered under the direction of the commission. Rate experts. SEC. 5. Be it further enacted by the authority aforesaid, That the power to determine what are just and reasonable rates and charges is vested exclusively in said commission. The printed reports of the Railroad Commission, published by its authority, shall be admissible as evidence in any court in Georgia without further proof and the schedules of rates made by the commission and any order passed or rule or regulation prescribed by the commission shall be admissible in evidence in any court in Georgia upon the certificate of the secretary of the commission. The powers and duties heretofore conferred by law upon the Railroad Commission are hereby extended and enlarged, so that its authority and control shall extend to street railroads and street railroad corporations, companies or persons owning, leasing or operating street railroads in this State; provided, however, that

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nothing herein shall be construed to impair any valid, subsisting contract now in existence between any municipality and any such company, and provided that this Act shall not operate as a repeal of any existing municipal ordinance; nor shall it impair nor invalidate any future contract or ordinance of any municipality as to the public uses of such company, that shall receive the assent of the Railroad Commission; over docks and wharves and corporations, companies or persons owning, leasing or operating the same; over terminals or terminal stations and corporations, companies or persons owning, leasing or operating such; cotton compress corporations or associations, and persons or companies owning, leasing or operating the same; and over telegraph or telephone corporations, companies or persons owning leasing or operating a public telephone service or telephone lines in this State, over gas and electric light and power company corporation or persons owning, leasing or operating public gas plants or electric light and power plants furnishing service to the public. Powers to fix rates. Reports of. Powers and duties. SEC. 6. Be it further enacted by the authority aforesaid, That the Railroad Commission of Georgia shall have and exercise all the power and authority heretofore conferred upon it by law and shall have the general supervision of all common carriers, railroads, express corporations or companies, street railroads, railroad corporations or companies, dock or wharfage corporations or companies, terminal or terminal station corporations or companies, telephone and telegraph corporations or companies within this State, gas or electric light and power companies within this State, and while it may hear complaints, yet the commission is authorized to perform the duties imposed upon it of its own initiative, and to require all common carriers and other public service companies under their supervision to establish and maintain such public service and facilities as may be reasonable and just, either by general rules or by special orders in particular cases, and to require such publication by common carriers in newspapers of towns through which their lines extend of their schedules as may be reasonable and which the public convenience demands. Said commission is hereby given authority to examine into the affairs of said companies and corporations and to keep informed as to their general condition, their capitalization, their franchises, and the manner in which their lines, owned, leased or controlled, are managed, conducted and operated not only with respect to the adequacy, security and accommodation afforded by their service to the public and their

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employees, but also with reference to their compliance with all provisions of law, orders of the commission and charter requirements. Said commission shall have the power and authority whenever it deems advisable, to prescribe, establish and order a uniform system of accounts to be used by railroads and other corporations over which it has jurisdiction hereunder; the same to be as far as practicable in conformity with the system of accounts prescribed by the Interstate Commerce Commission; to examine all books, contracts, records and documents of any person or corporation subject to their supervision, and compel the production thereof. Said commission shall have the power, through any one or more of its members, at its direction, to make personal visitation to the offices and places of business of said companies for the purpose of examination, and such commissioner or commissioners shall have full power and authority to examine the agents and employees of said companies under oath, or otherwise, in order to procure information deemed by the commissioners necessary to their work or of value to the public. Provided, that nothing in this Act shall be so construed as to repeal or abrogate any existing law or rule of the Railroad Commission as to notice or hearings to persons, railroads or other corporations interested in their rates, orders, rules or regulations issued by said commission before the same are issued, nor to repeal the law of this State as to notice by publication of a change in rates as provided in the Act approved October 14, 1879, or any Act amendatory thereof. Jurisdiction. SEC. 7. Be it further enacted, That the Railroad Commission shall have authority to ascertain the cost of construction and the present value of properties in Georgia owned by said corporations or companies and to that end may employ necessary experts. Said commission shall have authority to prescribe rules with reference to spur tracks and sidetracks, with reference to their use and construction, removal or change, with full power to compel service to be furnished to manufacturing plants, warehouses and similar places of business along the line of railroads where practicable and in the judgment of the commission the business is sufficient to justify and on such terms and conditions as the commission may prescribe. It shall have power and authority to order and compel the operation of sufficient and proper passenger service when in its judgment inefficient or insufficient service is being rendered the public or any community. It shall have power and authority, when in its judgment practicable and to the interest of the public to order and compel

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the making and operation of physical connection between lines of railroad crossing or intersecting each other. It shall have authority to fix penalties for neglect on the part of railroad companies to adjust overcharges and losses or failure to decline to do so, if deemed unjust, in a reasonable time. It shall have power and authority to prescribe rules and penalties covering and requiring the prompt receipt, carriage and delivery of freight, the prompt furnishing of cars to shippers desiring to ship freight and shall also be authorized to prescribe rules and penalties for the transfer of cars through yards by connecting roads. Said commission shall have power and authority to order the erection of depots and stations where it deems the same necessary, and to order the appointment and service thereat of depot or station agents. The commission shall also have the power and authority to regulate schedules and compel connections at junction points of competing lines. Jurisdiction. SEC. 8. Be it further enacted, That each of the companies or corporations over which the authority of the Railroad Commission is extended by law shall be required to furnish said commission a list of any stocks and bonds, the issuance of which is contemplated, and it shall be unlawful for any of said companies or corporations to issue stocks, bonds, notes or other evidences of debt, payable more than twelve months after date thereof, except upon the approval of said Railroad Commission and then only when necessary and for such amount as may be reasonably required for the acquisition of property, the construction and equipment of power plants, car-sheds and the completion, extension or improvements of its facilities or properties, or for the improvement or maintenance of its service, or for the discharge or lawful refunding of its obligations or for lawful corporate purposes falling within the spirit of this provision, the decision of the commission to be final as to the validity of the issue. Before issuing such stocks, bonds, notes or other evidences of debt as above mentioned, such corporations or companies shall secure an order from the commission authorizing such issue, the amount thereof and the purpose and use for which the issue is authorized. For the purpose of enabling the commission to determine whether such order should be issued it shall make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers, documents or contracts as it may deem advisable or necessary. Such corporations or companies may issue notes or other evidences of indebtedness for proper corporate purposes and not in violation of any provision

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of this Act, or any other law, payable at periods of not more than twelve months from date, without such consent, but no such notes or other evidences of indebtedness shall in whole or in part, directly or indirectly be refunded by any issue of stocks or bonds or by any evidence of indebtedness running for more than twelve months without the consent of the commission. Any railroad commissioner of this State or any employee of said Railroad Commission who shall disclose or impart to any one, except when legally called upon by a court of competent jurisdiction, any fact, knowledge of which was obtained in his official capacity from or through any proceedings filed with the said Railroad Commission under this section, shall be guilty of a misdemeanor and subject to a prosecution therefor; provided, that this shall not apply to such facts or information obtained through public hearings or such as are not confidential in their nature. Corporate stocks and bonds. SEC. 9. Be it further enacted, That in case a common carrier or other corporation or company mentioned in this Act shall do, cause to be done, or permit to be done, any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done, either by any law of the State of Georgia, by this Act or by an order of the commission, such common carrier or other corporation or company shall be liable to the persons or corporations affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery, if the jury shall find that such act or omission was wilful it may fix a reasonable counsel's or attorney's fee, which fee shall be taxed and collected as part of the costs of the case. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction, by any such person or corporation. Acts of railroads prohibited, liability for SEC. 10. Be it further enacted, That the procedure for the enforcement of penalties for a violation of the orders, rules or regulations of the Railroad Commission provided in sections 2195 and 2196 of the Code of Georgia of 1895 are hereby repealed: provided, nothing in this Act shall be so construed as to affect suits now pending for penalties, or to affect penalties upon which right of action shall have accured prior to the passage and approval of this Act. Penalties for violating rules, etc., of Commission SEC. 11. Be it further enacted, That sections 3 and 4 of the Act approved August 23, 1905, conferring upon the commission the power to regulate the time and manner within which the several railroads of the State shall receive, receipt for, forward

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and deliver to its destination freight, the said sections applying to penalties placed upon said railroad companies, providing penalties for the violation of rules, orders and regulations established by the Railroad Commission with reference to the same and providing the procedure to enforce said penalties, be and the same are, hereby repealed and the penalties prescribed by this Act and the procedure to enforce the same, are made applicable to any and all violations of the rules, orders and regulations established by the commission. Penalties for non-compliance with rules for transportation of freight. SEC. 12. Be it further enacted, That every common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage and terminal company or corporation within the State and other corporations, companies or persons coming under the provisions of this Act, and all officers, agents and employees of the same, shall obey, observe and comply with every order made by the commission under this Act or under authority of Acts heretofore passed. Any common carrier, railroad, street railroad, railroad corporation, street railroad corporation, express, telephone, telegraph, dock, wharfage or terminal company or corporation, cotton compress company within this State and other corporations, companies or persons coming under the provisions of this Act, which shall violate any provision of this Act, or the Acts heretofore passed, or which fails, omits or neglects to obey, observe and comply with any order, direction or requirements of the commission heretofore or hereafter passed, shall forfeit to the State of Georgia a sum not more than five thousand dollars for each and every offense, the amount to be fixed by the presiding judge. Every violation of the provisions of this Act or any preceding Act or of any such order, direction or requirement of the Railroad Commission shall be a separate and distinct offense, and in case of a continued violation, every day a violation thereof takes place shall be deemed a separate and distinct offense. An action for the recovery of such penalty may be brought in the county of the principal office of such corporation or company in this State, or in the county of the State where such violation has occurred and wrong shall be perpetrated, or in any county in this State through which said corporation or company operates, or where the violation consists of an excessive charge for the carriage of freight or passengers, or service rendered, in any county in which said charges are made, or through which it was intended that such passengers or freight should have been carried or through which such corporation

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operates and shall be brought in the name of the State of Georgia by direction of the Governor. Any procedure to enforce such penalty shall be triable at the first term of the court at which it is brought and shall be given precedence over other business by the presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such case may be taken to the Supreme Court as now provided in cases of the grant or refusal of injunctions by judges of the superior courts. Proceedings for recovery of penalties. SEC. 13. Be it further enacted, That every officer, agent or employee of any such common carrier, corporation or company who shall violate, or procures, aids or abets any violation by any such common carrier or corporation or company, of any provision of this Act, or which shall fail to obey, observe or comply with any order of the commission or any provision of any order of the commission, or who procures, aids or abets any such common carrier or corporation or company in its failure to obey, observe and comply with any such order, direction or provision shall be guilty of a misdemeanor and, on conviction thereof, shall be punished as prescribed in section 1039 of the Penal Code of 1895, and shall be subject to prosecution in any county in Georgia in which said common carrier or corporation or company or officer, agent or employee violates the provisions of this Act or any provisions of any order of the commission, or in any county through which said corporation operates. Any officer, agent or employee shall also be subject to indictment under the provisions of this section, in any county in which a subordinate agent or employee of the company violates the provisions of this Act, by the approval or direction, or in consequence of the approval or direction of such officer, agent or employee; and the agent or employee who locally in any county violates the rules or directions of said commission in pursuance of the direction or authority of his superior officer or agent of said company may be called as a witness, and be compelled to testify, showing the authority by which he acted, and such testimony shall not be used against such subordinate employee or agent, nor shall he thereafter be subject to indictment for said offense. Penalties against officers, agents and employees for aiding and abetting in violations of rules or orders of Commission SEC. 14. Be it further enacted by the authority aforesaid, That the domicile of the Railroad Commission of Georgia is hereby fixed at the Capitol of the State in Atlanta, Fulton county, and no court of this State, other than those of Fulton county shall have or take jurisdiction in any suit or proceeding brought or instituted against said commission or any of its orders or rules.

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SEC. 15. Be it further enacted by the authority aforesaid, That the contingent expense fund of the Railroad Commission shall not exceed three thousand dollars per annum, out of which it shall pay for office supplies, furniture, postage, stationery, traveling and other actual expenses of any commissioner incurred by order of the commission in the discharge of his duties, etc., the said sum or so much thereof as may be necessary to be paid out of the State treasury on the order of the Governor. The salary of the secretary of the Railroad Commission is hereby fixed at two thousand dollars ($2,000) per annum. The printing fund of the commission is hereby fixed at the sum of two thousand dollars per annum. The commission is hereby authorized and empowered to employ a stenographer at a salary not to exceed twelve hundred dollars per annum. Expenses of Commission. SEC. 16. Be it further enacted by the authority aforesaid, That the office of attorney to the Railroad Commission is hereby created, and the Governor is hereby authorized to appoint said attorney, whose term of office shall be for four years, and until his successor is qualified and who shall receive a salary of twenty-five hundred dollars a year, which said attorney may be removed by the Governor at any time. Attorney for Commission. SEC. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act or any provision thereof be, and the same are, hereby repealed. Approved August 23, 1907. INTOXICANTS, MANUFACTURE AND SALE PROHIBITED. No. 23. An Act to prohibit the manufacture, sale, barter, giving away to induce trade, or keeping or furnishing at public places, or keeping on hand at places of business of any alcoholic, spirituous, malt or intoxicating liquors, or intoxicating bitters or other drinks which, if drunk to excess, will produce intoxication; to except sales of alcohol in certain cases, upon certain conditions; to provide certain rules of evidence in connection with the enforcement hereof; to prescribe penalties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January next after the passage of this Act, it shall not be lawful for any person within the limits of this State, to sell or barter for valuable consideration, either directly or indirectly, or give away to induce trade at any place of business, or keep or furnish at any other public places or manufacture, or keep on hand at their place of business any alcoholic, spirituous, malt or intoxicating liquors or intoxicating bitters or other drinks which, if drunk to excess, will produce intoxication, and any person so offending shall be guilty of a misdemeanor, and shall be punished as prescribed in section 1039 of the Penal Code of Georgia. Nor shall it be lawful in the limits of said State for intoxicating liquors to be sold in dispensaries, and the sale of intoxicating liquors in said State shall be prohibited to private persons and to the State, its officers and agents. Provided, that licensed druggists may sell and furnish pure alcohol, for medicinal purposes only, upon written prescription of a regular practicing physician of this State, in the manner herein prescribed, to wit: Before any physician shall issue any such prescription he shall make an actual examination of the person for whom the prescription is granted. The prescription shall be substantially in the following form: Georgia, county. I, , a regular practicing physician under the laws of said State, do hereby prescribe for the use of , a patient in my charge, whom I have personally examined, of pure alcohol, and do certify in my opinion that the same is necessary in the alleviation or cure of illness from which said patient is suffering. This (date). (Signed by the physician.) No prescription shall be filled hereunder except upon the day upon which it is dated and issued, or upon the following day. Within ten days after the same is filled by the druggist he shall file said prescription for record with the ordinary of the county in which filled, who shall cause the same to be recorded in his office, and a certified copy of the same, or the original prescription showing it has been recorded shall be primary evidence in any court in this State. The record containing such prescriptions shall be open to public inspection. A recording fee of five cents for each prescription so recorded shall be paid by such druggist to the ordinary. Upon any prosecution under this Act the burden of proving the defense that the sale was of pure alcohol under prescription, as herein provided for shall be upon the defendant. Provided further, no druggist who is also a practicing physican shall fill his own prescriptions

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hereunder, nor shall they be filled at any drug-store in which said physician is financially interested and no prescription shall be refilled; nor shall more than one pint be furnished on any one prescription. The delivery of the alcohol under such prescription shall be made only directly to the person for whom such prescription is issued or to the physician or, in case of a minor, to his parent or guardian for him, or in case of a married woman to her husband for her. Provided further, That nothing in this Act shall be so construed as to prevent wholesale druggists from selling or furnishing alcohol in wholesale quantities to regular licensed retail druggists, or to public or charity hospitals, or to medical or pharmaceutical colleges. Be it further provided that all wholesale druggists shall be required to keep a complete record of all their sales of alcohol, which record shall at all times be open for inspection to the regular authorities of such counties or cities in which such wholesale stores are located. Manufacture or sale, etc., of intoxicants prohibited. Provisos. SEC. 2. Be it further enacted by the same authority, That any person, firm or corporation who shall violate this Act in any respect shall be guilty of a misdemeanor, any physician who shall issue a prescription hereunder containing any false statement shall be guilty of a misdemeanor; any druggist who shall fill any prescription for alcohol in anywise other than herein allowed or who shall fail to file a prescription filled by him hereunder with the ordinary within the time prescribed shall be guilty of a misdemeanor; any person who shall obtain alcohol for another in accordance with the terms hereof and who shall convert the same to any other use shall be guilty of a misdemeanor. Penalties. SEC. 3. Be it further enacted by the authority aforesaid, That nothing in this Act shall prohibit the sale by licensed druggists of wood or denatured alcohol for art, scientific or mechanical purposes or grain alcohol for bacteriologists who are actually engaged in that class of work for scientific purposes only. 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 6, 1907.

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RAILROADS, TRANSPORTATION OF PERISHABLE PRODUCTS. No. 219. An Act to require railroad companies to furnish proper and necessary cars for the transportation of peaches, cantaloupes, the railroad companies liable when they fail to do so; to prescribe the terms under which they shall be furnished; to make the railroad companis liable when they fail to do so; to prescribe rule and measure of damages for failure to furnish cars, and to prescribe penalties for shippers who order cars and fail to use them, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That it shall be the duty of the railroad companies of this State to furnish to any grower or growers of peaches, apples, cantaloupes, watermelons, or other perishable products, suitable icing and refrigerator cars, or other suitable cars for the transportation of such products, whenever application is made therefor in writing by the shipper, twenty-four hours in advance of the time such car or cars are wanted for loading. Such application to be filed with the nearest agent of the railroad company to the point from which shipment is to be made and it shall state the time and place from which shipment is desired. Transportation of perishable products. SEC. 2. Be it further enacted, That whenever any railroad company shall fail to furnish such icing and refrigerator cars as required in section 1 of this Act, and the shipper places his product in carload lots, or in cases of less than carload lots, expresses to the agent of the railroad company his willingness to pay charges for carload lots; then such railroad company shall be liable for the market value of such product with interest thereon. The market value to be determined by the market value of the product less the cost of carriage and the usual expense of selling in the market to which the shipper intended shipping same, on the day such product would have arrived, had the same been carried in the usual of transportation on schedule time for such freight. In order to avail himself of this rule of damage, the shipper shall in writing notify the agent of the railroad company of the market to which he intended to ship his product. Payment shall be made by the railroad company

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for such product within thirty days after written claim has been filed with the company therefor. In the event that such railroad company shall fail to make payment as herein provided, or tender the correct amount thereof, it shall be liable for an additional fixed sum of fifty dollars for each car as liquidated damages for failure to perform its duty in the premises; such liquidated damages to be recovered in any cause brought for the recovery of damages on the main claim, in the event recovery is had thereon. Liability of railroads for failure to furnish cars. SEC. 3. Be it further enacted, that in the event the shipper fails or refuses to accept such car or cars, when furnished under condition and as herein required, he shall be liable to the railroad company for the sum of ten dollars per car, and the cost of the first or initial icing, in the event the same is iced, and should he fail or refuse to pay same within thirty days after written demand therefor, shall be liable for twenty dollars instead of ten as herein fixed, together with the cost of icing, and judgment may be rendered for said sums by any court having jurisdiction of the cause. Liability of shipper for failure to accept cars SEC. 4. 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 22, 1907. BANK BUREAU ESTABLISHED IN TREASURY DEPARTMENT. No. 84. An Act to create in the treasury department of the State of Georgia a bank bureau; to provide for the appointment of a bank examiner and assistant bank examiners, constituting said bank bureau; to define the duties of such bureau, and of the officers thereof; to authorize and empower said bureau, through the officers and agents, to examine and report on the condition of all banks, trust companies, and persons or corporations now, or hereafter, doing a banking business in the State of Georgia; to require such banks, bankers, and trust companies to submit their books, all books and papers relating to their respective banking business, to the inspection and examination

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of the officers, or agents of the bank bureau; to provide for the publication of reports and recommendations by said bank bureau; to authorize the said bureau to institute appropriate proceedings in the event any bank, trust company shall be found to be insolvent, or in failing condition, or to have violated the laws of this State, or the charter of such banking or trust company, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of September, 1907, there shall be in the department of the treasury of the State of Georgia, a bank bureau, charged with the duty of seeing to the enforcement of the banking laws of this State, and to examine into the condition of all banks, banking companies, banking associations, branch banks, trust companies, hereafter existing and doing business in this State. Bank bureau. SEC. 2. The Treasurer of the State of Georgia being by this Act created the State bank examiner, shall hold his office for the same term as he is Treasurer of the State, and his salary as State bank examiner shall be twenty-five hundred ($2,500) dollars a year; this salary and expenses to be prorated and collected from the banks according to the capital of each as hereinafter stated in section of this Act. State Bank Examiner. SEC. 3. The State Bank Examiner shall qualify as such at the same time and in same manner as he qualified as Treasurer of the State, and his bond as State Treasurer shall be liable for his actions in this office. Bond and oath. SEC. 4. Assistant Bank Examiner. Upon the passage of this Act the State Treasurer shall appoint an Assistant Bank Examiner. Said assistant shall be a man of experience in bank and examining work. And should it be necessary to perform the duties required under this Act and existing laws, the State Treasurer may appoint additional assistance. The term of office shall not extend beyond that of the State Treasurer, and shall terminate at the pleasure of the State Treasurer. Assistant Bank Examiner. SEC. 5. The Assistant Examiner shall possess the power and perform any duties attached by law to the office of the State Bank Examiner, under the direction of the State Treasurer, or during a vacancy in the office, or during the absence or inability of the State Bank Examiner, and if there be more than one assistant the first appointed shall rank as first assistant, and shall have the rank as to filling the office next to the State Bank Examiner. Each assistant examiner shall also take the oath of

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office prescribed by the Constitution and laws of this State; and shall give a bond to the State Treasurer in the penal sum of five thousand ($5,000) dollars, and shall be subject to the State Treasurer, and may be removed for good and sufficient cause by him. Should a vacancy occur, and another assistant is needed the State Treasurer may appoint another, who, in his judgment, may possess the moral character and business qualifications necessary, who shall qualify as herein stated. The salaries of said assistant examiners shall be fixed by the State Treasurer, and shall not exceed two thousand ($2,000) dollars per annum for the first assistant examiner; fifteen hundred ($1,500) dollars per annum for the second assistant examiner, and twelve hundred ($1,200) dollars per annum for each additional examiner. The salaries and expenses to be prorated and collected from the banks according to the capital of each, as hereinafter stated in section of this Act. Powers and duties of. Assistant Examiners. SEC. 6. The State Bank Examiner may employ, from time to time, the necessary clerks to discharge such duties as he shall direct. The salaries of such clerks shall be prorated and collected from the banks as provided in section of this Act. Clerks. SEC. 7. It shall not be lawful for the State Bank Examiner, or either of the assistants to be an officer or stockholder of any bank, banking corporation, or firm doing a banking business or be engaged individually doing a banking business in this State, the United States or any of the States of the United States. Examiner nor any Assistant to be officer or stockholder of any bank SEC. 8. Any trust company chartered under the laws of Georgia when said charter provides for, and it is receiving deposits, shall be held subject to all the rules, regulations and requirements of the State Bank Examiner, and shall make and publish such reports as to its condition, the same as other deposit banks, and shall conform to all the laws enacted regulating chartered banks in this State. Trust companies. SEC. 9. Any individual, firm or corporation, doing a banking business in this State, may prefix before its name the words banking house of, and may affix after its name, the word bank or banker, or bankers. Descriptive titles. SEC. 10. Every bank, trust company shall make at least four reports each year, and oftener if called upon by the State Bank Examiner, according to the form which may be prescribed by him, verified by the oaths of affirmation of the president or cashier of such association and attested by the signature of at least two of the directors. Each such report shall exhibit in detail and appropriate heads the resources and liabilities of the

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bank, trust company or association at the close of business on any past date by him specified and shall be transmitted to the State Bank Examiner within ten days after receipt of a request or requisition therefor from him, and shall be published in such form as the State Examiner may prescribe within ten days after same is called for in a newspaper printed in the place where such bank is established, or, if there is no newspaper in the place, then in the county; provided, that if there is no newspaper in such county then in the newspaper nearest thereto, at the expense of the bank; and such proof of publication shall be furnished in five days after date of publication, as may be required by the State Bank Examiner. The State Bank Examiner shall also have the power to call for special reports from any bank whenever, in his judgment, the same are necessary in order to obtain a full and complete knowledge of its condition. Such statements shall be made on the form furnished by the State Bank Examiner. Reports of banks. SEC. 11. Every bank and trust company which fails to make and transmit, or to publish any report required under the preceding section shall be subject to a penalty of fifty dollars for each day after the period respectively therein mentioned, that it delays to make and transmit its report of or proof of publication. Whenever any bank or trust company delays or refuses to pay the penalty herein imposed for a failure to make and transmit, or to publish a report the State Bank Examiner is hereby authorized to maintain an action in the name of the State of Georgia against the delinquent bank or trust company for the recovery of such penalty and all sums collected by such action shall be paid into the State Treasury and placed to the credit of the banking department. Penalty for failure to report. SEC. 12. Every bank, trust company except national banks, doing business in the State of Georgia which shall refuse or neglect to comply with any requirements lawfully made upon it by the State Bank Examiner pursuant to this Act, for a period of thirty days after demand in writing is made, shall be deemed liable to a forfeiture of its charter, and the State Bank Examiner may thereupon institute the necessary steps to revoke its authority to transact a banking business. Forfeiture of charters of non-complying banks. SEC. 13. When the Governor is informed that a bank incurs the penalty of a forfeiture, he shall cause the Attorney-General to institute proceedings therefor in the county where the bank is located, and in his discretion may employ assistant counsel to aid therein, and pay him out of any money not otherwise appropriated.

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If there is a verdict of forfeiture rendered on the trial, the judge shall pronounce the judgment for all purposes whatever, saving the use of its corporate name in collecting and paying its debts, and in conveying its real and personal estate, which power shall be exercised by a receiver appointed by the court for that purpose at that time, or any time, upon the application of the prosecuting officers showing good cause. Proceedings to forfeit charters. It is the duty of such receivers: 1. To promptly collect the debts due said bank, and to convert the property into cash or available assets as soon as practicable. Duties of receivers of banks whose charters are forfeited. 2. To pay the creditors pro rata semi-annually according to the dignity of their claims, unless there is sufficient to pay all. 3. To make annual returns of his receipts and disbursements to the judge of the superior court of the county, at the first term held every year; to produce vouchers and swear to the return, which shall be passed upon by said judge and entered on the minutes by the clerk. 4. To distribute the assets, after paying all the debts of the corporation, among the stockholders in proportion to their stock. Compensation of receiver, etc.On failure to comply substantially with any of the above requirements, he forfeits his compensation. His compensation shall be the same as that allowed administrators. Order of paying debts of insolvent banksIf the bank is insolvent, the order of paying off the debts shall be the same as is prescribed in cases of administration, to the extent applicable, except where special preference or postponement is given by law. When stockholders are suableIf the assets of the bank are insufficient to pay all of its liabilities, the receiver shall, in his own name, bring suit against the stockholders for the recovery from each of his proportionate share thereof according to his subscription, no stockholder being liable to pay more than his contract or charter liability. Should the receiver fail or neglect on request so to do any creditor may institute such suit and use the receiver's name for that purpose. Abatement of suitsSuits do not abate by reason of a vacancy in the receivership but proceed, on motion and without any scire facias, in the name of the new receiver. SEC. 14. Any bank doing business under this Act may place its affairs and assets under the control of the State Bank Examiner by posting a notice on the front door as follows: This bank

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is in the hands of the State Bank Examiner. Signed by a majority of the directors in their own handwriting. The posting of such notice or the taking possession of any bank by the State Bank Examiner shall be sufficient to place all its assets and property of whatever nature in possession of the State Bank Examiner and shall operate as a bar to any attachment proceedings. SEC. 15. Whenever it shall appear that the capital stock of any bank or trust company doing business under this Act, has been impaired over ten per cent., the State Bank Examiner shall notify such bank to make such impairment good within ninety days, and it shall be the duty of the officers and directors of any bank receiving such notice from the State Bank Examiner to immediately call a special meeting of its stockholders for the purpose of making assessment on its stock sufficient to cover the impairment of its capital payable in cash; provided, that such bank may reduce its capital to the extent of the impairment, if such reduction will not place its capital below the amount required by this Act. Impaired capital stock. SEC. 16. Whenever any officer of any bank shall refuse to submit the books, papers and any assets to the State Bank Examiner, or assistant, or examiner appointed as aforesaid, or shall in any manner obstruct or interfere with him in the discharge of his duty, or refuse to be examined on oath touching the concerns of the bank, the State Bank Examiner may, with the concurrence of the Governor, through the Attorney-General, institute proceedings for the appointment of a receiver for such bank to wind up its business. Control of Bank Examiner. SEC. 17. The State Bank Examiner shall examine each and every bank which may hereafter be placed in the hands of a receiver once in each six months, until its affairs shall be wound up, and shall file a copy of such examination with the clerk of the court in the county where such bank is located. Receivers of such insolvent banks shall make reports to the State Bank Examiner in the same manner as is required of other banks, and shall cause such statements to be published in like manner. Any such receiver of an insolvent bank who shall fail to comply with the provisions of this section, or who shall neglect or refuse to submit the affairs of such bank to an examination by the State Bank Examiner or his assistant, or who shall violate any of the provisions of the Act relating to the examination of banks, shall be subject to the same penalties provided for officers or employees of banks. Examinations and reports of insolvent banks.

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SEC. 18. The State Treasurer, as State Bank Examiner, shall make from his reports during the year an annual report, which shall be published by the Treasurer as a part of his annual report to the Governor, and a copy shall remain in the office of the State Treasurer. Annual report of Examiner. SEC. 19. If any report or part thereof of the State Bank Examiner is deemed of sufficient importance to the public by the Governor, he may require the same published one time in one or more of the leading daily papers of the State. Publication of reports. SEC. 20. The State Treasurer, as Bank Examiner, shall set forth in his annual report. First. A summary of the condition of every bank or banking corporation or trust company doing a deposit banking business (other than national banks), from which reports have been received, in response to the last call made by him preceding his annual report, and such other information in relation to said banks as in his judgment may be useful. Contents of annual reports. Second. A statement of such banks, banking corporation and capitalized trust companies whose business has been closed during the year, and of individuals and firms doing a deposit banking business subject to his examination, that have failed or voluntarily retired during the year. Third. Any amendment to the laws relative to banking by which the system may be improved and the security to depositors and other creditors may be increased. Fourth. The names and compensation of his assistants and clerks employed in his office, and the whole amount of the expenses of the banking department during the year. Also the amount collected from the banks for the examinations made during the year, said fiscal year ending with December 31st each year. SEC. 21. When the annual report of the State Treasurer, as State Bank Examiner, is completed and becomes a part of the Treasurer's report, a copy shall be furnished to each bank, banking corporation, individual or firm doing a deposit banking business in this State, by mail, as soon as the Treasurer publishes his report. Copies of reports to be furnished banks. SEC. 22. The State Bank Examiner shall have vested in him the authority to adopt such rules, regulations and forms lawfully made that he may consider of value to the banking department, and shall call for such reports as to the condition of any and all banks and trust companies that are subject to his examination, and may appoint special examiners when occasion arises

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and prescribe their duties and limit their powers under his direction. And shall have power to institute proceedings or place banks or trust companies under his control in the hands of a receiver as may be prescribed by the laws of this State, when so ordered by the Governor to whom he must submit a report touching their insolvency, and shall have authority and perform any of the duties as may be enacted for the examination and regulation of banks and trust companies in this State. Rules and regulations prescribed by Bank Examiner. SEC. 23. It shall be the duty of the State Bank Examiner, or his assistant, to visit each and every bank, trust company doing business in this State, by law subject to his examination, except national banks, twice in each year, and oftener if necessary, for the purpose of making a full and careful examination and inquiry into the condition of the affairs of such bank or trust company; and for that purpose the State Bank Examiner or assistant is hereby authorized and empowered to administer oaths and to examine under oath the owners and directors and all officers and employees and agents of such banks, trust companies, and any other person that can give information. Examinations of banks. The officer making such examination shall reduce the result thereof to writing, which shall contain a full, true and careful statement of the condition of such bank or trust company. SEC. 24. Making fees for examination on banks of $25,000 capital, $10.00 for each examination; $25,000 to $50,000, $12.50 for each examination; $75,000 to $100,000, $20.00 for each examination; $100,000 to $200,000, $50.00 for each examination; $200,000 and above, $60.00 for each examination. The above amounts to be paid by the banks so examined, but nothing in this amendment shall be so construed to exempt the State of Georgia from the payment of such sum as is now paid for such examination of banks. SEC. 25. It shall be unlawful for any officer, clerk or agent of any bank doing business under this Act to certify and check, draft, or order upon the bank unless the person, firm or corporation drawing such check, draft or order has on deposit with the bank at the time such check, draft or order is certified, an amount of money equal the amount specified in such check, draft or order. Any check, draft or order so certified shall be charged against the account immediately by the duly authorized officer, and shall be a good and valid obligation against such bank; but any officer, clerk or agent of any bank violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided for in this Act. The

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stockholders shall, at their first meeting for organization, fix the time for their annual meeting, but the same may be changed at any subsequent meeting of the stockholders. The board of directors shall require the cashier, and any and all other officers having the care and handling of the funds of the bank, to give good and sufficient bond, to be approved by them and held by such custodian as the board may designate. The board shall fix their regular meeting as suit their convenience as fixed by bylaws, at least one meeting each three months, and correct written minutes of all meetings shall be kept, signed by two officers, and the board shall, at one meeting each six months, have a thorough examination of the books, records, funds and securities held by the bank which shall be made by them or by an auditor, and shall require that all debts past due to the bank shall be collected or well secured, and they shall require that no demand, note, or other debt shall be held twelve months without interest being paid thereon, or well secured or put in suit, or charged off, and the result of such examination shall be recorded in detail upon the record book of the bank. A certified copy of the record of such meeting may be called for by the State Bank Examiner at any time. A bank which is in good faith winding up its business for the purpose of consolidating with some other bank, may transfer its assets and liabilities to the bank with which it is in process of consolidation; but no such consolidation of banks shall be made without the consent of two-thirds of the stock of each bank, and not then to defeat or defraud any of the creditors in the collection of thei claims against said banks or either of them. Certified checks. Meetings of stockholders, etc. POWERS OF STATE BANK EXAMINER. SEC. 26. The State Bank Examiner shall have vested in him the authority to adopt such rules, regulations and forms that he may consider of value to the banking department, and shall call for such reports as to the condition of any and all banks and trust companies that are subject to his examination, and may appoint special examiners when occasion arises, and prescribe their duties and limit their powers under his direction. And shall have power to institute proceedings to place banks or trust companies under his control in the hands of a receiver, as may be prescribed by the laws of this State, when so ordered by the Governor, to whom he must submit a report touching their insolvency, and shall have authority and perform any other duties as may be enacted by the examination and regulation of banks and trust companies in this State.

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SEC. 27. If upon examination made by the State Bank Examiner or his assistant, or from any report made to the State Bank Examiner, it shall appear that any bank is insolvent, it shall be the duty of the State Bank Examiner to immediately report such condition to the Governor, and when ordered by the Governor he shall immediately take charge of such bank and all the property and effects thereof. Upon taking charge of any bank the State Bank Examiner shall as soon as possible ascertain by a thorough examination into its affairs its actual condition, and whenever he shall become satisfied that such bank can not resume business or liquidate its indebtedness to the satisfaction of all creditors, including its shareholders, he shall report the fact of its insolvency to the Governor, who shall upon receipt of such notice instruct the Attorney-General to institute proper proceedings in the proper court for the purpose of having a receiver appointed to take charge of such bank and to wind up the affairs and business thereof for the benefit of its depositors, creditors and stockholders. When directed by the Governor, the State Bank Examiner may appoint a special assistant to take charge of the affairs of the insolvent bank temporarily, until the receiver is appointed. Such assistant shall qualify, give bond and receive compensation the same as the regular assistant, such compensation to be paid by such bank, or allowed by the court as cost in case of the appointment of a receiver. Provided, that in no case shall any bank continue in charge of any special assistant for a longer period than sixty days. And the bank shall not change its corpus by the transfer of any stock while thus in the hands of said examiner. Insolvent banks. LIST OF STOCKHOLDERS SHALL BE KEPT. SEC. 28. The president and cashier of every incorporated bank shall cause to be kept at all times a full and correct list of the names and residences of all the shareholders in the bank, and the number of shares held by each, in the office where its business is transacted. Such list shall be subject to the inspection of all the shareholders and creditors of the bank during the business hours of each day in which business may be legally transacted. A copy of such list, on the first Monday in July of each year, verified by oath of such president, cashier, or owners, shall be transmitted to the State Bank Examiner to be held by him, and to be subject to inspection as herein named. Lists of shareholders. SEC. 29. It shall be the duty of the State Bank Examiner to

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keep a record of all fees collected by him, together with a record of the expenses incurred in making the examination of all banks and trust companies, which shall be embodied in his printed annual report as prescribed in section of this Act. Fees and expenses of Examiner. SEC. 30. A copy of each call made by the State Bank Examiner for a statement from all banks and trust companies doing business under this Act shall be mailed to each bank and trust company and deemed legal notice to all such banks and trust companies. Notice of call for statements SEC. 31. For the purpose of carrying into effect the provisions of this Act the State Treasurer shall provide forms and shall supply the necessary blanks for such examinations and reports, and all examinations and reports received by him shall be preserved in this office for a period of five years and then may be burned. Forms and blanks for reports, etc SEC. 32. The State Bank Examiner, or assistant, who shall willfully neglect to perform any duty provided for by this Act, or who shall knowingly and willfully make any false statement concerning any bank or trust company, or shall be guilty of any misconduct or corruption in office, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and in addition thereto shall be removed from office by the Governor. Liability of Examiner. SEC. 33. That nothing in this Act herein contained shall be so construed as to apply to any private bank or bankers doing business in this State. Private banks. SEC. 34. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 22, 1907.

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ARBITRATION OF TAX RETURNS MADE TO COMPTROLLER-GENERAL. No. 27. An Act to amend the laws relative to the arbitration of values in tax returns made to the Comptroller-General, or providing an oath to be taken by the arbitrators and umpires and by empowering the arbitrators to require the production of testimony oral and written, and to administer oaths to witnesses and punish for contempt. Be it enacted by the General Assembly as follows: SECTION 1. From and after the passage of this Act all arbitrators and umpires selected to fix the values of property where returns are made, or required by law to be made to the Comptroller-General, shall be sworn as follows: Oath of arbitrators on tax returns made to the Comptroller-General That is to say, in each separate matter of controversy referred to a board of arbitration in the class of cases stated, whether in matters now pending or hereafter arising, each arbitrator and umpire shall take and subscribe an oath in writing in substance as follows: I,....., selected and chosen as an arbitrator (or umpire) in a certain matter in controversy concerning the value of property returned by the Comptroller-General of Georgia, do swear that I will diligently inquire as to the value of property and impartially decide the same, and will find and return the true market value thereof and of every part thereof according to the requirements of the law. SEC. 2. Be it further enacted that each board of arbitrators shall have the same power to summons witnesses and the same power to compel the production of testimony that belongs to the several superior courts, including the right to issue subp[oelig]nas duces tecum and to order parties to the controversy to produce books and papers, and shall have the right and power to require the attendance of witnesses in and from any county as the superior courts may require witnesses in criminal cases. In all cases where the production of books and papers shall be required, either by subp[oelig]na duces tecum or notice as may be appropriate, the same shall be produced within five days unless the board shall enlarge the time for cause shown. The provisions of this section

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shall apply as well to matters now pending or in controversy as to those hereafter arising. Powers of Boards of Arbitrators SEC. 3. In all cases provided for in section 2 of this Act the arbitrator or arbitrators and umpire shall have the same power to punish for disobedience to its processes and orders as is now held by the several superior courts. SEC. 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 8, 1907. NOTES, ETC., MATURING ON A HOLIDAY, WHEN PAYABLE. No. 301. An Act to provide for the payment and presentation for acceptance, or payment, of bills, checks, notes and other evidences of debt maturing on Sunday, or a public holiday, or presentable for acceptance or payment on Sundays or public holidays. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That hereafter all bills, checks, notes and other evidences of debt maturing on Sunday or a public holiday shall be payable on the next business day thereafter, and all bills, checks, notes and other evidences of debt presentable, by their terms, for acceptance or payment on Sundays or on a public holiday shall be presentable for acceptance or payment on the next business day thereafter. By business day is meant a day other than Sunday or a public holiday. Notes maturing on a holiday, when payable. 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 22, 1907. INSURANCE CLERK, SALARY OF. No. 151. An Act to increase the salary of the insurance clerk of the Comptroller-General's office, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, the salary of the insurance clerk of the Comptroller-General's office shall be raised to eighteen hundred dollars ($1,800.00) per annum, and that six hundred ($600.00) dollars of said amount shall be paid out of insurance fees. Salary of Insurance clerk. 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 22, 1907. PRIMARY ELECTIONS, VOTE REQUIRED TO NOMINATE. No. 158. An Act to provide that nominees in primary elections shall receive a majority of the votes cast to be entitled to nomination, in cities of this State having a population of seventy-five thousand and upwards, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act no person shall receive the nomination for any office voted on in any primary election, held by any political party, organization or association, without receiving a majority of all the votes cast in such primaries, and if no one person voted on in such primary receives such majority, a second primary for such party, organization or association, shall be held not less than ten nor more than thirty days thereafter, and, in such second primary, only the two candidates receiving the highest votes in the first primary shall be voted for, and the person receiving the majority of the votes cast in such second primary shall be accepted as the nominee or candidate of the party, organization or association holding such primary, and shall be voted for, as such nominee, in the general election for which the said primary was held: Provided, however, that the provisions of this Act shall only apply to primaries held for municipal officers in cities having a population of seventy-five thousand and upwards, as ascertained by the census of the United States last taken. Primary elections, vote required to nominate

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SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved August 22, 1907. PUBLIC ROADS, DUTY AND TAX. No. 171. An Act to amend an Act approved August the third, 1903, an Act to amend an Act approved October the 21st, 1891, entitled an Act to give the commissioners of roads and revenues, or the ordinary or the county judges as the case may be, of each county, the power and authority to lay out, open, change or discontinue the public roads, and to work and have worked the same; to provide for levying a tax for road purposes; to prescribe who shall be subject to road duty and for other purposes, be added to the first section of said Act as amended, after the word dollars, in the sixth line thereof, the following words, or such amount as the road authorities shall fix as equivalent to four days' labor, 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 one of the Act approved August the third, 1903, entitled an Act to amend an Act approved October the 21st 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 and authority to lay out, open, change or discontinue, the public roads, and to work and have worked the same; to provide for levying a tax for road purposes; to prescribe who shall be subject to road duty, and for other purposes, be, and the same is, hereby further amended by adding after the word dollars, in the sixth line of said first section, by said amended Act, the following words, to wit, or such amount as the road authorities shall fix as equivalent to four days' labor; so that said amending section, as amended, shall read as follows: That each male inhabitant of such county between the ages of twenty-one years and fifty years who is not physically or mentally disabled, shall be subject to the road duties four days for eight full hours in each day in each year, and no more; provided, any such person may be exempt from road duty by paying to the overseer

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the sum of three dollars, or such amount as the road authorities shall fix as equivalent to four days' labor at the time notice is given to work on said road, and said overseer shall receipt said person for said commutation tax, and shall apply the same to the use of the road where the person was warned to work. Public roads, duty and tax. 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 22, 1907. DISTRICT SCHOOLS, LOCAL TAX AND TRUSTEES. No. 266. An Act to amend an Act approved August 21, 1906, and entitled 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 or collected or not; to provide a correct method of assessing and collecting the taxes in local districts and for other purposes, so as to provide for modifications in the boundaries of districts annually; for the right of hearing by members of the county board of education who are charged with neglect of duty; for the election of five trustees in certain districts; for striking out certain words in sections four and five, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act approved August 21, 1906, entitled 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

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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, be, and the same is, hereby amended, by striking out the words two years in section 1, lines 16 and 17, on page 67 and substituting therefor the words once a year. The same section shall also be amended by striking out the last sentence in the section beginning with the words the failure in the 20th line, page 67 and substituting therefor the following: The failure on the part of any board of education to perform the duties required by this Act, shall be immediately inquired into by the first grand jury sitting after such neglect of duty, and if said grand jury should find that any member or members of said board have failed to perform their duty it shall report the same to the judge of the superior court, who shall cause a rule nisi to issue against such member or members, and they shall be heard by the judge in their own behalf; if the said member or members can not give a good and sufficient reason why they have not performed their duties as required by this Act, they shall be discharged and the said judge shall fill the vacancies until the next grand jury shall meet. District schools, local tax. Board of education. SEC. 2. Be it further enacted, That section 2, on page 67, shall be amended by inserting after the words may determine in line 11, page 67, the following sentence: In districts containing incorporated towns there may be five trustees, one of whom shall be elected for one year, two for two years, and two for three years. Trustees. SEC. 3. Be it further enacted, That section 4, page 69, of said Act shall be amended by striking out the words in a county now levying a local tax for educational purposes, beginning in the second line after the word district and ending before the word wish in the third line, so that the first three lines of said section shall read as follows: Be it further enacted, That whenever the citizens of any school district wish to supplement the funds received from the State, etc. Local 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 22, 1907.

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MILITIA, ORGANIZATION, ETC. No. 186. An Act to conform the organization and discipline of the organized militia of this State to the requirements of the Act of Congress, entitled, An Act to promote the efficiency of the militia, and for other purposes, approved January 21, 1903; and in pursuance thereof, to repeal an Act of the General Assembly of this State, entitled An Act to confer on the senior colonel of the line in the Georgia State troops the rank and title of Brevet Brigadier-General, and for other purposes, approved August 11, 1904; and to repeal section 15 of an Act of the General Assembly of this State, entitled An Act to reorganize the military forces of this State, to adopt and make of force a military code, and to provide penalties for the violation thereof; to repeal all laws referring to the military forces not herein re-enacted, and for other purposes, approved August 22, 1905, 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 National Guard of the State shall consist of such persons as may be commissioned or enlisted therein, and such general officers as the strength thereof may warrant: an adjutant-general's department, an inspector-general's department, a judge-advocate's department, a quartermaster's department, a subsistence department, a medical department, a hospital corps, a pay department, a corps of engineers, an ordnance department, and a signal corps. The National Guard shall be organized into a division: brigades, regiments, battalions, squadrons, troops, batteries, companies and signal corps, in accordance with its strength as legally authorized from time to time, and in conformity with the organization which is now or may hereafter be prescribed for the regular and volunteer armies of the United States; provided, however, that the Governor shall have the power to alter, divide, annex, consolidate, disband or reorganize the same and create new organizations therein whenever in his judgment the efficiency of the militia forces will be thereby increased; and provided further, that he shall have the power, at any time, to change the organization of staff departments, regiments, battalions, squadrons, troops, batteries, companies and

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signal corps, so as to conform to any organization, system of drill or instruction now or hereafter adopted for the army of the United States, and for that purpose the number of officers and enlisted men of any grade in staff departments, regiments, battalions, squadrons, troops, batteries, companies and signal corps, may be increased or decreased to the extent made necessary by any such change or organization or system. National Guard of the State. SEC. 2. Be it further enacted by the authority aforesaid, That the military staff of the Governor shall consist of one adjutant-general and one quartermaster-general, who shall each have the rank of brigadier-general; one aide-de-camp, who shall have the rank of colonel and twenty-nine aides-de-camp, who shall have the rank of lieutenant-colonel, to be appointed or detailed by the Governor; and no person shall be eligible to such appointment or detail unless he shall have served in the Confederate army, or not less than five years in the United States army, or unless he shall be a retired officer or veteran member of the National Guard of Georgia, or an active member thereof who has served not less than five years, and such assistants to the adjutant-general and to the quartermaster-general as in the discretion of the Governor may be necessary, all of which officers, except aides-de-camp, shall be appointed or detailed by the Governor from the officers of the National Guard of Georgia; and when serving by detail, they shall have all the rights and privileges of the increased rank, but shall not forfeit their regular commission in the National Guard; all such officers being subject to the examination now provided by law and such officers to hold office during the pleasure of the Governor but their commissions shall expire with the term of office of the Governor appointing them. Military staff of the Governor. SEC. 3. Be it further enacted by the authority aforesaid, That the adjutant-general shall be at the head of the military department of the State and subordinate only to the Governor in matters pertaining to said department. He shall give his whole time and attention to the office and shall receive a salary of $3,000.00 per annum, to be paid out of the military fund. He shall perform such duties as pertain to the office of adjutant-general as from time to time may be provided by the laws, rules and regulations for the government of the United States army, and such duties as may be designated by the Governor. He shall have such commissioned assistants and such necessary clerks and employees as in the discretion of the Governor may

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be required from time to time, and they shall perform such duties as may be required of them by the adjutant-general. Adjutant-General. SEC. 4. Be it further enacted by the authority aforesaid, That the quartermaster-general shall attend to the care, preservation, safe-keeping and repairing of the arms, ordnance, accoutrements and equipment and all other military property belonging to this State or issued to the State by the government of the United States and shall be responsible therefor. He shall perform such duties as pertain to the office of quartermaster-general as from time to time may be provided by the laws, rules and regulations made for the government of the United States army and as may be prescribed by the Governor. He shall be entitled to such commissioned assistants and such necessary clerks and employees as may be required from time to time, in the discretion of the Governor, and they shall perform such duties as may be required of them by the quartermaster-general. Quartermaster-General. SEC. 5. Be it further enacted by the authority aforesaid, That the organization of the staff departments of the National Guard of Georgia shall be as follows: THE ADJUTANT-GENERAL'S DEPARTMENT. This department shall consist of the commissioned officers of proper grades necessary to perform the duties of the adjutant-general on the staff of the brigades and of the division. Adjutant-General's department THE MEDICAL DEPARTMENT. This department shall consist of the officers of the proper grades necessary to perform the duties of surgeons on the staff of brigades and of the division; of the surgeons and assistant surgeons filling those positions in the regiments; of the additional medical officers necessary to be assigned to separate battalions, squadrons, companies, troops, and batteries, and of the medical officers necessary for the organization of such ambulance companies and field hospitals as may be deemed necessary, and of the hospital corps. Medical department. OTHER STAFF DEPARTMENTS. The inspector-general's department, the judge-advocate general's department, the quartermaster-general's department, the subsistence department, the pay department, the corps of engineers, the ordnance department, and the signal corps shall each consist of the officers of the proper grades necessary to perform the indicated staff and other duties prescribed. Other departments.

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The Governor shall have the power to prescribe by order the number and grade of officers in all staff departments and to assign them such duties as he may prescribe, but in all organizations of the line and staff, the various grades must conform to those of the regular army of the United States. SEC. 6. Be it further enacted by the authority aforesaid, That the Act of the General Assembly of the State of Georgia, entitled an Act to confer in the senior colonel of the line in the Georgia State troops the rank and title of brevet brigadier-general, and for other purposes, approved August 11, 1904, be, and the same is, hereby repealed. SEC. 7. Be it further enacted by the authority aforesaid, That section 15 of the Act of the General Assembly entitled, An Act to reorganize the military forces of this State, to adopt and make of force a military code, and to provide penalties for the violation thereof, to repeal all laws referring to the military forces not herein re-enacted, and for other purposes, approved August 22, 1905, be, and the same is, hereby repealed. SEC. 8. Be it further enacted by the authority aforesaid, That the Governor, besides the authority conferred by the laws now of force is authorized to make such regulations as may be necessary for the carrying out of this Act, and as may be necessary to conform in detail to all the requirements of the war department of the United States, made in pursuance of the Act of Congress entitled An Act to promote the efficiency of the militia, and for other purposes, approved January 21, 1903; provided, that all appointments of general officers of the line shall be for a term of five years, and shall be made upon the recommendation of the field officers of the line of the National Guard, who shall express their preference for each vacancy by written ballot, at such time and under such rules as the Governor may prescribe. Requirements of War Department of United States. SEC. 9. Be it further enacted by the authority aforesaid, That this law shall not go into effect until the first day of October, 1907, upon which date, and thereafter, it shall have all full force and effect as other laws of the State. This law becomes operative October 1, 1907. SEC. 10. Be it further enacted by the authority aforesaid, That nothing in this Act contained shall be construed to prohibit the existence and maintenance of military organizations, now or hereafter established under the laws of this State applicable to its National Guard, which are not subject to the Act of Congress, entitled, An Act to promote the efficiency of the militia, and for other purposes, approved January 21, 1903. Other organizations

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SEC. 11. Be it further enacted by the authority aforesaid, That nothing in this Act contained shall be construed as taking away or impairing in any manner any corporate or other right or privilege now possessed by any military organization under the existing laws of this State. Corporate rights. SEC. 12. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved August 22, 1907. ORDINARY PRO HAC VICE. No. 286. An Act to amend an Act entitled An Act providing for an ordinary pro hac vice in case of disqualified ordinary, and for other purposes, approved December 16, 1897, so that the provisions of said Act may apply in case the ordinary is incapacitated to preside from sickness or other causes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act section 1 of said Act be and the same is amended by adding after the word disqualified and before the word to, in the second line thereof, the words or from sickness, or other causes is incapacitated, so that said section when so amended shall read as follows: SECTION 1. Be it enacted by the General Assembly of Georgia, That whenever an ordinary is disqualified or from sickness, or other causes is incapacitated to act in any cause, the county judge or city court judge, and if there be no such courts, then the clerk of the superior court of such ordinary's county may exercise all the jurisdiction of ordinary in such cause, and in such event it shall not be necessary for the ordinary to call in the ordinary of the adjoining county. Ordinary pro hac vice. 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 22, 1907.

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PENSIONS, HOW PAID. No. 105. An Act to provide how and in what way pensions due to the Confederate soldiers by the State under existing laws, shall be paid, 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 annual pensions as provided by law to be paid to the Confederate soldiers, and the widows thereof, shall hereafter be paid in quarterly payments by the Commissioner of Pensions to wit: One-fourth of the pension allowed to each pensioner on each class or roll on or by the first day of March, first day of June, first day of September, on or by the tenth day of December in each year, beginning with the year 1908. Provided, that where any pensioner receives a less sum than fifty dollars ($50) annually, that the whole sum be paid to him when the first quarter is paid in each year. Pensions payable quarterly SEC. 2. Be it enacted by the authority aforesaid, That it shall become the duty of the several ordinaries of this State to make and certify from each of their pension rolls the list of all names on each of the said rolls, and in life at the time of certifying to each quarter, which shall be made and sent to the Commissioner of Pensions ten days before the first day of the months in which it is provided the pension is to be paid in each quarter. Said ordinary shall make another list of those who have died since last payment and when they died, or when stricken from the roll, giving date of death and the roll on which they drew, or when they were struck therefrom and the cause, as well as the names of all transfers made from their rolls, to what county transferred, and when. Lists of pensioners dead and alive. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioner of Pensions to furnish the ordinaries with blank vouchers or forms for making said list of pensioners, and when said ordinaries have made and filed said list as vouchers of each roll as provided by section 2 of this Act, to check said list out with the roll in his office, and when all are accounted for, to issue one warrant to be signed by the Governor and countersigned by the Commissioner of Pensions,

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for the consolidated sum of all the rolls payable to the ordinary of the county. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of the State Treasurer when said warrant provided for as aforesaid is presented to issue his check for the sum stated therein, payable to the ordinary of the county, which check shall be delivered to the Commissioner of Pensions to be forwarded to the ordinary of the county in whose favor it is drawn. Treasurers' checks payable to Ordinaries. SEC. 5. Be it further enacted by the authority aforesaid, To deposit this check with his local bank, if one, in the name of the ordinary of county, provided said bank will cash his checks drawn on the fund for the pensioners without charge. If no such bank, then to collect the money on the check and pay the money to his pensioners without charge, taking from the pensioners duplicate receipts, keeping one himself and sending one to the Commissioner of Pensions, closing the account of one quarter before the payment of the next quarter is made. That said ordinary shall be paid by his county the sum of twenty-five cents for the name of each pensioner so entered on said rolls, and for receiving and paying out the money, taking receipts, and for all services rendered for each pensioner in each quarter. Duties of Ordinaries. SEC. 6. Be it further enacted by the authority aforesaid, That if any of the persons connected with the payment of the pensions shall in any way, at any time, use or divert any part of said money for any purpose other than to pay the same properly to the pensioner or the persons entitled thereto for him or her, shall be guilty of the offense of embezzlement and punished accordingly when found guilty. Pensioners to be fully paid. SEC. 7. Be it further enacted by the authority aforesaid, That it is hereby made the duty of those officers having in charge the auditing of the claims and the accounts of each county in this State to audit and order paid the claims of the ordinary of their county when presented for service performed for the pensioners of their county as provided by this law, not to exceed twenty-five cents for each pensioner for each quarter. Compensation of Ordinaries. 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 22, 1907.

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HOMES FOR INDIGENT OLD WOMEN. No. 131. An Act to permit the commissioners of roads and revenues of counties of this State having a population of 75,000 or over, according to the last census of the United States, to appropriate money in behalf of the county for the purchase and maintenance of a home for indigent old women, 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 the counties of this State having a population of 75,000, or over, as per the last census of the United States, the commissioners of roads and revenues of said county may in their discretion, appropriate of the money of said county, not exceeding five thousand ($5,000) dollars in any one year, for the purchase and maintenance of a charitable home situated in said county for indigent old women. Homes for indigent old women. 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 22, 1907. INDEXES TO RECORDS IN CERTAIN COUNTIES, HOW PROVIDED. No. 206. An Act to permit, in counties having a population of 75,000, as per the last United States census, county commissioners to adopt for use by the clerk of the superior court an additional system of indexes for deed and mortgage records, to permit the county to pay the expense thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That in counties having a population of 75,000 as per the last census of the United States, the commissioners of roads and revenues of said counties be, and they are hereby permitted to adopt for use by the clerk of the superior

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court in said counties, such system of indexing, for records of deeds and mortgages (other than now provided by law) as shall appear most desirable to them. Indexes to county records. SEC. 2. Be it further enacted, When said system shall be adopted by said commissioners, the same shall be put in writing and placed upon the minutes of said commissioners. System how adopted. SEC. 3. Be it further enacted, That when said system is so adopted, put in writing and upon the minutes, the clerk of the superior court of said county shall comply with said system in indexing the records of deeds and mortgages. Duties of Clerks of Superior Courts. SEC. 4. Be it further enacted, That the expense of complying with said system shall be paid out of the county treasury as one of the expenses of the superior court of said county. Cost of system. SEC. 5. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Approved August 22, 1907. DEPUTY SHERIFFS AND BAILIFFS, COMPENSATION OF. No. 26. An Act to amend an Act approved November 27, 1902, providing compensation for deputy sheriffs and bailiffs of the superior and city courts in counties in this State having therein cities with a population of not less than fifty thousand and not more than seventy-five thousand inhabitants, by striking out the words and figures in the seventh line of the first section of said Act, sixty-five ($65.00) dollars, and substituting in lieu thereof eighty-three ($83.00) dollars, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Act approved November 27, 1902, providing compensation for deputy sheriffs and bailiffs of the superior and city courts for the counties in this State, having therein cities with a population of not less than fifty thousand and not more than seventy-five thousand inhabitants, according to the United States census of 1900 be, and the same is, hereby amended by striking out in the seventh

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line of section 1 of said Act the words and figures sixty-five ($65.00) dollars and substituting in lieu thereof eighty-three ($83.00) dollars, so that said section of said Act when so amended shall read as follows: Compensation of deputy sheriffs and bailiffs in certain counties. 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 compensation of the deputy sheriffs and bailiffs of the superior and city courts for the counties in this State having therein cities with a population of not less than fifty thousand and not more than seventy-five thousand inhabitants, according to the United States census of 1900, shall be eighty-three ($83.00) dollars per month, which shall be paid by said counties. 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 15, 1907. COUNTY TREASURERS, SALARY OF IN CERTAIN COUNTIES. No. 204. An Act to provide for fixing the salaries of county treasurers of counties having a population of 75,000 or over, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of Georgia, and it is hereby enacted, That on and after the passage of this Act, the county treasurers of counties having a population of 75,000 or over, according to the last census of the United States, shall be paid a salary of three thousand ($3,000.00) dollars per annum, said salary to be paid monthly by said county commissioners of said county. Salary of Treasurers in counties of 75,000 inhabitants. 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 22, 1907.

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JUSTICES AND CONSTABLES, FEES OF IN CERTAIN COUNTIES. No. 267. An Act to regulate the fees of justices and constables, in counties containing a population of one hundred and fifteen thousand or more inhabitants. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be allowed to justices of the peace, and to notaries public and ex officio justices of the peace in counties containing a population of one hundred and fifteen thousand inhabitants, and in counties containing more than one hundred and fifteen thousand inhabitants, a fee of thirty-five cents, to be known as a docket fee in each case, civil and criminal, the same to be taxed in the bill of costs as other fees are taxed. Fees of Justices of the Peace for docketing cases. SEC. 2. Be it further enacted, That in the counties aforesaid the cost of entering an appeal and taking an appeal bond, shall be due and payable as a condition precedent to entering said appeal, except in cases appealed in forma pauperis, and that the cost of answering a certiorari and taking a certiorari bond shall likewise be due and payable as a condition precedent to obtaining the writ of certiorari except in cases where said writ is applied for in forma pauperis. If the fee for answering a certiorari should be paid before the petition is acted upon, and the writ is not sanctioned, or if the justice shall fail to answer said writ, when so required by the superior court, he shall refund said fee. Should he fail to do so on demand, he shall be liable therefor on a suit in any court having jurisdiction thereof, and shall likewise be liable to rule therefor in the superior court. In cases of appeal and certiorari. SEC. 3. Be it further enacted, That in all civil cases in the counties aforesaid, the justices of the peace, or the notary public and ex officio justice of the peace, shall be allowed a fee of thirty-five cents for trial, and the constable shall be allowed a fee of thirty-five cents for attendance in each case where a judgment is rendered, to be taxed in the bill of cost as aforesaid. For trials and fees of Constables. SEC. 4. Be it further enacted, That when attachments, garnishments, or other proceedings, returnable to the superior or city courts of the counties aforesaid are issued by a justice of the peace, or by a notary public and ex officio justice of the peace,

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the cost of issuing and serving the same shall be due from and payable by the plaintiff in such proceeding, so soon as the same are issued and served. The amount of said costs and the fact of payment shall be entered by the justice or constable upon the original papers, and it shall be the duty of the clerk of the court to which the same are returnable, to make an entry thereof with the other items of costs in said case, and the plaintiff shall be entitled to judgment therefor in said court, in the event of recovery by him in said case. In case the plaintiff shall fail or refuse to pay the costs of the justice, or of the constable, or of both, the justice may issue fi. fa. therefor. The cost of issuing said fi. fa. and any subsequent costs accruing in the collection of the same shall not be taxed against the adverse party in the court where said original proceedings are returnable. In garnishments, attachments, etc. SEC. 5. Be it further enacted, That in the counties aforesaid, The justice of the peace, or notary public and ex-officio justice of the peace, for taking each bond in a civil case, except attachment, garnishment and claim bonds, shall be entitled a fee of fifty cents, this fee to be in lieu of that now provided by law for taking a recognizance in a civil case, and that he shall also be entitled to the same fees for issuing subp[oelig]nas in criminal, as in civil cases, the fees aforesaid to be taxed in the bill of costs as other fees are taxed. Except as herein provided the fees of justices and constables shall be as now fixed by law in the counties aforesaid. For taking bonds. 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 22, 1907.

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STENOGRAPHERS OF CERTAIN JUDICIAL CIRCUITS, SALARIES OF. No. 71. An Act to amend an Act entitled an Act to regulate the salaries of stenographic reporters of all the judicial circuits of this State having, or that may hereafter have, therein a city with a population of not less than 54,000 nor more than 75,000 inhabitants, and of those counties which have therein cities of not less than 23,000 nor more than 39,000 inhabitants, and for other purposes, approved August 16, 1905, so as to increase the salaries of stenographic reporters, in those counties which have therein cities of not less than 23,000 nor more than 39,000 inhabitants, and for other purposes. SECTION 1. Be it enacted 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 the Act regulating the salaries of stenographic reporters in cities with a population of not less than 23,000 nor more than 39,000 inhabitants, approved August 16, 1905, be, and the same is, hereby amended by striking out the words one hundred and twenty-five in the sixth line of said section 2 and inserting in lieu thereof the words one hundred and fifty, so that said section when amended shall read as follows: Compensation of superior court stenographers SEC. 2. Be it further enacted, That in all counties in this State having cities with a population of not less than 23,000 nor more than 39,000 inhabitants according to the last United States census, the compensation of the stenographic reporters of the judicial circuits in which said cities are situated shall be the sum of one hundred and fifty dollars per month, such compensation to be in full for all services of any kind, properly chargeable to, and to be paid out of, the treasury of the counties in which said cities are located, as other court expenses are paid; and in all such counties as are in this section described, the said stenographic reporter shall turn over monthly to the county treasurer of said counties all moneys collected by him for reporting and transcribing all civil cases, and all misdemeanor cases, which may be so reported and transcribed, in the superior court of said county, a monthly report to be made by him in writing to the said county commissioners of said counties, of all such moneys

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so collected and paid over by him, the said moneys to become a part of the county fund. Fees payable to county. 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 16, 1907. DEPUTY JAILERS AND JAIL GUARDS, COMPENSATION IN CERTAIN COUNTIES. No. 21. An Act to provide compensation for deputy jailers and jail guards in counties in the State having therein cities with a population of not less than fifty thousand and not more than seventy-five thousand inhabitants. 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 compensation of the deputy jailer in counties of this State, having therein cities of a population of not less than fifty thousand and not more than seventy-five thousand inhabitants, shall be not more than one hundred and twenty-five ($125.00) dollars per month, in the discretion of the county commissioners and that the compensation of the jail guards shall be not over seventy-five ($75.00) dollars per month, in the discretion of the county commissioners, which said compensation for deputy jailer and jail guards shall be paid by said counties. Compensation of deputy jailers and jail guards in certain counties. SEC. 2. Be it further enacted, That the United States census shall be conclusive evidence of the population of the cities in said counties, and that this Act shall apply to all counties that may now or may hereafter have within their limits cities of not less than fifty thousand and not more than seventy-five thousand inhabitants. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1907.

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JUSTICES OF PEACE, ELECTED, COMPENSATION OF IN CERTAIN CITIES. No. 304. An Act to regulate the compensation of elective justices of the peace in the militia districts of this State located in cities now having or which may hereafter have a population not less than fifty-four thousand (54,000) nor more than eighty thousand (80,000) inhabitants where any such city has within its corporate limits not more than three militia districts, nor more than three elective justices of the peace, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That hereafter justices of the peace who are elected by the people of their militia districts, where such districts are located in cities having or that may hereafter have a population of not less than fifty-four thousand nor more than eighty thousand inhabitants according to the United States census of 1900, and where any such city shall have within its corporate limits not more than three militia districts, nor more than three elective justices of the peace, shall each be paid out of the treasury of the counties in which their districts are located a salary of eighteen hundred dollars per annum payable in equal monthly installments. The said justices of the peace shall not receive directly or indirectly any other compensation or emoluments of any kind or character, and it shall be their duty to pay promptly into the treasury of their county all fees and costs collected by them, which said fees and costs shall be payable by litigants as now required by law. Provided, however, that all fees and costs collected by said justices of the peace for constables of their courts shall not be paid into the treasury of the county, but shall be turned over to such constables, as now required by law. Compensation of Justices of the Peace, elected in certain cities. Fees and costs [Illegible Text] to county. 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 22, 1907.

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NURSES, EXAMINERS OF, ETC. No. 218. An Act to regulate the practice of professional nursing in the State of Georgia, and to that end to create the board of examiners of nurses for Georgia, and to require registration by those desiring to practice in the State as registered nurses; and to provide penalties for the breach of the requirements of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the board of examiners of nurses for Georgia is hereby created. It shall be composed of five persons to be selected and appointed in the following manner: Board of Examiners of professional nurses. The Georgia State Association of Graduate Nurses will within thirty (30) days after this Act takes effect nominate to the Governor of this State ten (10) of its members, none of whom is in any way connected with any training-school for nurses. The said nurses must have had at least three (3) years of active practice in their profession immediately preceding their appointment. From this number the Governor shall, within thirty (30) days thereafter appoint for places on the said board one (1) nurse who shall hold office for one (1) year from said date of appointment; and two (2) who shall hold office for two (2) years from said date; and two (2) who shall hold office for three (3) years from said date. All of the said appointments shall have the same date, provided no two of the nurses so appointed shall have graduated from the same training-school. Nominations and appointments. Upon the expiration of the term of office of any member of said board, the Governor of this State shall appoint a successor to fill the said term of office, who shall hold office for three (3) years, from the date of the expiration of the said term of office. The said appointment shall be made from a list of five members of the said association to be furnished to him by the said association. All vacancies occurring in this board shall be filled by the Governor for the unexpired term from like nominations furnished to him by the said association within thirty (30) days after the vacancy occurs; provided, that if the said association fails to make the nominations herein required within the time herein specified, the Governor shall make such appointments by nominating

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such members of the nursing profession thereto as may seem to him to be proper. Vacancies SEC. 2. Be it further enacted, That the members of this State board of examiners shall, within thirty (30) days after appointment, organize by the election of one of its members to be the president of the said board and another to be the secretary and treasurer, who shall hold office for a period of one year, and until their respective successors are elected and have qualified; said officers shall be elected by said board annually, and in case of a vacancy in either of said offices the board shall, within forty (40) days after the said vacancy occurs elect one of its members to fill said office, and in the event there is no such election within the time named, the Governor shall appoint a member of said board to fill the vacancy. Organization of board. The secretary is required to certify to the Governor the names of the officers so elected, and in the case of a vacancy this shall likewise be certified by the secretary to him, and in the event of a vacancy in the office of secretary, the president of the board shall certify the same to him, and shall certify to him the name of the person chosen to fill the vacancy, in the event such vacancy is filled by the board. Vacancies. SEC. 3. Be it further enacted, That three members of the said board of examiners shall constitute a quorum, but no action of said board shall be valid unless authorized by the affirmative vote of three members thereof. Quorum of board. The secretary of the board is directed to keep a record of the minutes of the meetings of said board and a record of the names of all persons applying for registration hereunder, and of the action of the board thereon; and a register of all nurses who have complied with the requirements of this Act, all of which said records shall at all reasonable times be open to the public inspection. Register of applicants and of nurses. Said board is authorized to have and use an official seal, which shall bear the words, State Board of Examiners of Nurses for Georgia. The certificate of the secretary of said board, under the seal thereof, as to the action or non-action of the board, shall be accepted in evidence in the courts of this State as the best evidence of the minutes of the said board, and likewise the certificates of the said secretary under said seal as to the registration or non-registration of any person, shall be accepted as the best evidence as to the registration or non-registration of the said person under the requirements of this Act. The secretary will

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issue to all nurses admitted to registration hereunder a certificate under the seal of said board, showing that fact. Certificates of Secretary. SEC. 4. Be it further enacted, That it shall be the duty of said board to meet for the purpose of examining applicants for registration, at least once in each year, and oftener, should it be deemed necessary by said board. Notice of said meeting shall be given of the time and place of said meeting by written notice posted, postage prepaid to last known address of each applicant, at least ten days before the time of said meeting, and by publication in a daily paper of general circulation at Atlanta, and in a nurses' journal, if there be one published in Georgia. Examination of applicants for registration The said notices shall be published at the same rates charged for sheriffs' advertisements. Said notices shall be inserted at least once, and the first insertion shall be made at least two weeks prior to the said meeting; provided, the secretary of said board shall issue a temporary permit to each applicant for registration, which permit will authorize said applicant to do nursing as a registered nurse until the next meeting of the board. Notice to applicants. SEC. 5. Be it further enacted; That all persons making application for registration under this Act shall deposit with the secretary of the said board at the time of making such application, the sum of five ($5.00) dollars as an examination fee. Registration fee SEC. 6. Be it further enacted, That each applicant for registration must be at least twenty-one (21) years of age, of good moral character, a graduate from a regular chartered training-school for nurses, connected with a general hospital or sanatorium (in which medical, surgical, gynecological and obstetrical cases are treated) where three (3) years of training with a systematic course of instruction on the above-mentioned class of cases is given in the hospital or sanatorium, or must have graduated from a training-school in connection with a hospital of good standing, supplying a three years' training corresponding to the above standard, which training may be obtained in two or more hospitals. All qualifications of the applicant shall be determined by the said board, which is empowered to prescribe such examination for the applicants as will best test their fitness and ability to give efficient care to the sick. All applicants at the same examination shall be subjected to the same kind of examination. Qualifications of applicants for registration. SEC. 7. Be it further enacted, That all nurses graduating on or before June 1, 1909, from such training-schools as are referred to in the preceding section shall be by that fact entitled to registration without examination upon paying the application

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fee of five ($5) dollars as provided in this Act, and submitting sufficient evidence of good moral character. Nurses who shall show to the satisfaction of the said board that they are graduates of training-schools connected with a hospital or sanatorium giving two years' systematic course of instruction, or if they graduated before or during the year 1897, from such a school giving one year's training, and who are in good moral and professional standing, and are engaged in the practice of the profession of nursing at the passage of this Act, also all nurses in training at the time of the passage of this Act, and shall graduate hereafter, and possess the qualifications herein specified, shall, upon payment of the application fee, be entitled to registration without examination; provided application is made for such registration on or before June 1, 1909. Graduates of training schools. SEC. 8. Be it further enacted, That after the expiration of six months from the passage of this Act it shall be unlawful for any person or persons to prosecute professional nursing as a registered nurse in this State without certificate from the said board, and any person violating any of the provisions of this Act shall be guilty of a misdemeanor and, upon conviction therefor, shall be punished in accordance with section 1039 of the Penal Code of the State of Georgia. All professional nurses required to register. Each nurse who registers in accordance with the provisions hereof shall be styled and known as a registered nurse, and no other nurse shall assume or use such title or use the abbreviation R. N., or any other letters, words or figures to indicate that he or she is a registered nurse, and a violation hereof shall be deemed a misdemeanor and shall, upon conviction, be punished accordingly. SEC. 9. Be it further enacted, That this Act shall not be construed to affect or apply to gratuitous nursing of the sick by friends or members of the family, and it shall not apply to any person nursing for hire who does not in any way assume to be a registered nurse, and who does not use the title registered nurse or the letters R. N., or other letters, words, or figures for the purpose of representing that he or she is a registered nurse within the meaning of this Act. This act not applicable to gratuitous or non-registered nurses. SEC. 10. Be it further enacted, That the said board may revoke any certificate issued by it for sufficient cause, to be adjudged by it; but no such certificate shall be revoked without a hearing, notice of the time and place of which shall be given to the holder of the certificate by the secretary at least thirty (30) days before the day set for said hearing, which notice shall plainly

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set forth charges against the holder of said certificate, and the trial shall be only upon the grounds so specified. Said notice shall be mailed to the said person so accused at his or her last known address, postage prepaid, or the same shall be delivered personally to the person so accused. Certificates of registration revokable. The presiding officer of said board is authorized and empowered to administer oaths to all witnesses giving evidence at such hearing, if the same is not under oath. SEC. 11. Be it further enacted, That out of the funds of the said board accuring from the application fees herein provided, the secretary of the said board shall be paid a salary to be fixed by the board at a sum not exceeding one hundred dollars per year, and all necessary expenses, and the members of said board shall be entitled out of said funds to receive five dollars per day for each day actually engaged in the service of the said board and all necessary expenses, all payments out of said funds shall be first approved by the presiding officer of the said board. Salary of Secretary and per diem of board members. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict herein be, and they are, hereby repealed. Approved August 22, 1907. NARCOTIC DRUGS, SALE OF REGULATED. No. 220. An Act to provide against the evils resulting from the traffic in certain narcotic drugs, and to regulate the sale thereof. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That it shall be unlawful for any person, firm or corporation to sell, furnish or give away any cocaine, alpha or beta eucaine, opium, morphine, heroin, chloral hydrate or any salt or compound of any of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts or compounds, except upon the orignal written orders or prescription of a lawfully authorized practitioner of medicine, dentistry or veterinary medicine, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or, if ordered by a practitioner of veterinary medicine shall state the kind of animal for which ordered, and shall be signed by the person giving the prescription or order.

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Such written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again compounded or dispensed except upon the written order of the prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescriber and properly authorized officers of the law. Provided, however, that the above provisions shall not apply to preparations containing not more than four grains of opium, or not more than one grain of morphine, or not more than one-fourth grain of heroin, or not more than one-eighth grain of alpha or beta eucaine, or not more than twenty grains of chloral hydrate in one fluid ounce, or, if a solid preparation, in one avoidupois ounce. Provided, also, that the above provisions shall not apply to preparations containing opium and recommended and sold in good faith for diarrhea and cholera, each bottle or package of which is accompanied by specific directions for use, and a caution against habitual use, nor to powder of ipecac and opium, commonly known as Dover's powder, nor to liniments or ointments plainly labeled, For external use only. And provided further, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to retail druggists or qualified physicians or to each other, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry or veterinary medicine, nor to sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparations, nor to sales to hospitals, colleges, scientific or public institutions. Narcotic drugs to be dispensed only on prescriptions. Provisos. SEC. 2. It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to or prescribe for the use of any habitual user of the same any cocaine, heroin, alpha or beta eucaine, opium, morphine, chloral hydrate, or any salt or compound of any of the foregoing substances, or any preparation containing any of the foregoing substances or their salts or compounds. And it shall also be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any practitioner of veterinary medicine to prescribe any of the foregoing substances for the use of any human being. Provided, however, that the provisions of this section shall not be construed to prevent any lawfully authorized

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practitioner of medicine from furnishing or prescribing in good faith for the use of any habitual user of narcotic drugs who is under his professional care such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the provisions of this Act. Prescriptions for habitual users. SEC. 3. Any person who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of volume 3 of the Code of 1895. It shall be the duty under this Act of judges of the superior court in this State at every regular term thereof to charge all regular impaneled grand juries to diligently inquire into and investigate all cases of the violation of the provisions of this Act, and to make a true presentment of all persons guilty of such violations. It shall be the duty of the board of pharmacy to cause the prosecution of all persons violating the provisions of this Act. No prosecution shall be brought for the sale of any patent or proprietary medicine containing any of the drugs or preparations hereinbefore mentioned until the board of pharmacy shall certify that such medicine contains any of the said drugs or preparations in excess of the maximum percentage hereinbefore mentioned. Prosecutions and penalties. SEC. 4. In any proceedings under the provisions of this Act the charge may be brought against any or all of the members of a partnership, or against the directors or executive officers of a corporation, or against the agent of any person, partnership or corporation. Who are liable to prosecution. SEC. 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 22, 1907. FISHING ON SUNDAY PROHIBITED. No. 298. An Act to prevent fishing on the Sabbath day within the waters of the State of Georgia; to prescribe the penalty for the violation thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act any person or persons who shall fish or attempt to catch any kind of fish with hook and line, nets, gigs or by any other manner or means in any of the waters or streams within the State of Georgia on the Sabbath day, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed by section 1039, volume 3 of the Code of 1895. Fishing on Sunday prohibited. 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 22, 1907.

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Part II.Local Laws. TITLE I.CITY, COUNTY AND DISTRICT COURTS. TITLE II.MISCELLANEOUS.

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TITLE I. CITY, COUNTY AND DISTRICT COURTS. ACTS. Abbeville, City Court of, Judge, etc. Albany, City Court of, terms of, etc. Americus, City Court of, salary of Judge, etc. Baxley, City Court of, election of officers, etc. Blakely, City Court of, Sheriff, Stenographers, etc. Brunswick, City Court of, Solicitor, etc. Camilla, City Court of, election of officers, etc. Clarkesville, City Court of, Clerk, etc. Cordele, City Court of, election of officers, etc. Covington, City Court of, created. Dalton, City Court of, fees of Jurors. Eastman, City Court of, jurisdiction, etc. Fitzgerald, City Court of, established. Fitzgerald, City Court of, abolished. Flovilla, City Court of, established. Fort Gaines, City Court of, established. Griffin, City Court of, election of Judge, Solicitor, etc. McRae, City Court of, Judge's salary. Millen, City Court of, established. Monticello, City Court of, fees of jurors, etc. Nashville, City Court of, jurisdiction, etc. Newnan, City Court of, trial of misdemeanors. Oglethorpe, City Court of, established. Pelham, City Court of, Solicitor's salary. Richmond County, City Court of, election of officers, etc. Sandersville, City Court of, salaries of Judge and Solicitor, etc. Statesboro, City Court of, fines, jurors, etc. Swainsboro, City Court of, compensation of Clerk and Sheriff, etc. Sylvester, City Court of, election of officers. Thomasville, City Court of, Deputy Clerk. Tifton, City Court of, salary of Judge, etc. Vienna, City Court of, Judge, Solicitor, etc. Waycross, City Court of, salaries of Judge and Solicitor, etc. Wrightsville, City Court of, abolished. Charlton County, Clerk County Court. Clay County, County Court of, abolished. Jenkins County, County Court of, abolished.

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Macon County, County Court of, abolished. Newton County, County Court of, abolished. Pulaski County, fees of County Court Solicitor, etc. Quitman County, office of County Solicitor created, etc. Cochran, District Court of, established. ABBEVILLE, CITY COURT OF, JUDGES. No. 123. An Act to amend an Act approved August 15, 1906, entitled An Act to establish the city court of Abbeville, in the city of Abbeville, Wilcox county, Georgia, so as to provide that the judge of the city court of Abbeville shall be prohibited from practicing law only in said city court of Abbeville; to provide for the issuance of bench warrants by the judge of said city court of Abbeville either in term or vacation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 2 of the Act approved August 15, 1906, entitled An Act to establish the city court of Abbeville in the city of Abbeville, Wilcox county, Georgia, be, and the same is, hereby amended by adding after the word law at the end of said section 2 of said Act, the words in said city court of Abbeville. City Court of Abbeville. Judge may practice law in other courts. SEC. 2. Be it further enacted by the authority aforesaid, That the judge of the said city court of Abbeville shall have the power and authority to issue either in term or vacation a bench warrant for the arrest and apprehension of any and all parties against whom an accusation is pending in said city court of Abbeville, or against whom an indictment has been returned by the grand jury of Wilcox county, and which indictment has been transferred for trial to said city court of Abbeville. Bench warrants. 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 22, 1907.

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ALBANY, CITY COURT OF, TERMS, ETC. No. 149. An Act to amend an Act entitled An Act to establish the city court of Albany, in and for the county of Dougherty, approved December 16, 1897, and Acts amendatory thereof, so as to change and fix the terms of holding said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved December 16, 1897, establishing the city court of Albany and the Acts amendatory thereof, be amended as follows: City Court of Albany. That the court shall hold twelve terms per year on the second Monday in each month. The terms convening on the second Mondays in February, May, August and November shall be known as the quarterly terms. The jurisdiction of the court shall be the same as heretofore and 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, as now provided by law. 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, or, may be adjourned so as to carry a term over and into the next term. Contested civil cases in which issues of fact are involved shall be triable only at the quarterly term of the court, or at a regular adjourned term of said quarterly term of the court, except by consent of parties. Terms of. SEC. 2. Be it further enacted, That nothing herein contained shall be construed to change the pleading, practice or procedure of the present city court Act, and amendments thereto, except as herein stated. Pleading and practice. 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 22, 1907.

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AMERICUS, CITY COURT OF, SALARY OF JUDGE, ETC. No. 5. An Act to establish the city court of Americus, to be located and held in the city of Americus, Georgia, in and for the county of Sumter, etc., approved November 22, 1900, and all Acts amendatory of said Act, so as to increase the salary of the judge of the said court; to provide for the summoning of twenty-four jurors to secure the panel of eighteen, and to amend the cost bill of the clerk of said court as to criminal cases, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the judge of the city court of Americus, in and for the county of Sumter, shall receive a salary of twenty-five hundred dollars per annum, and that said salary shall be paid in monthly installments out of the treasury of the county of Sumter by the person or persons charged by law with paying out moneys of said county. City Court of Americus; salary of Judge. SEC. 2. Be it further enacted, That the judge of the city court of Americus in summoning a jury for each term of court, shall draw from the jury box twenty-four jurors, out of which twenty-four a panel of eighteen jurors shall be secured: Provided, however, should a sufficient number of the twenty-four jurors drawn fail to appear, or have legal excuses, the judge of the said court is authorized and hereby empowered to have said panel of eighteen filled by having tales jurors summoned instanter. Juries. Be it further enacted, That the judge of said court may at any time, in his discretion, increase the panel of eighteen jurors to thirty, either summoning said additional jurors or talesmen or drawing them out of the jury box. SEC. 3. Be it further enacted by the authority aforesaid, That section nine of the original Act creating the city court of Americus, approved November 22, 1900, be amended by striking the following words in said section, to wit: In the fourth line of said section, except in criminal cases, when no indictment has been found, the clerk shall only receive three dollars, and except also, and inserting in lieu thereof the word except, so that said section when amended will read as follows: Fees of Clerk and Sheriff.

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That the fees of the clerk and sheriff of said city court shall be the same as are now or may hereafter be allowed by law to the clerks of the superior court and to the sheriff of the county; except in civil cases where the principal amount claimed does not exceed one hundred dollars, the cost of the clerk for the entire service shall be two dollars, etc. SEC. 4. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved July 31, 1907. BAXLEY, CITY COURT OF, ELECTION OF OFFICERS, ETC. No. 284. An Act to amend an Act approved August 22, 1905, entitled An Act to amend an Act approved December 1, 1897, entitled `An Act to establish the city court of Baxley, in Appling county, to define its jurisdiction and powers, to provide for the appointment of the judge and other officers therein, to define their powers and duties, to provide for pleading and practice and new trials therein and writs of error therefrom,' so as to provide for the election of the judge and solicitor by the qualified voters of said county; to pay the solicitor a salary for the payment of fines, forfeitures and convict hire in the county treasury, so as to change the salary of the solicitor of the 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 section 3 of the aforesaid Act be, and the same is, hereby amended as follows: By striking after the word of in the eleventh line of said section the following words, four hundred dollars ($400), and placing in lieu of said words the following words, five hundred dollars ($500), and by striking after the word of in the twenty-ninth line of said section the following words, four hundred dollars ($400), and placing in lieu thereof the words five hundred dollars ($500), so that said section of said Act when so amended will read as follows: Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority

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of the same, that section 6 of said Act be amended as follows: By striking from the third line of said section the words appointed by the Governor of this State, and inserting in lieu thereof the words, elected by the qualified voters of the county of Appling at the general election for county officers to be held last preceding his term of office, and by striking from said section all of the fifth line after the word follows, all of the sixth, seventh, eighth and ninth lines, including the words solicitor-general, and inserting in lieu thereof the following: He shall be paid a salary of five hundred dollars ($500) out of the treasury of Appling county, to be paid monthly upon orders granted by the ordinary thereof at the end of each month, which salary shall be full compensation for all services rendered in said city court of Baxley of every kind whatever, and by striking after the word defendant, in the seventh line, all of the seventeenth and eighteenth and the nineteenth, to and including the words superior court, and by adding at the end of said section the following: Who shall receive for his services such sum as the court may fix not to exceed ten dollars ($10.00) in each case to be tried by him, said amount to be paid by the solicitor of said court out of his salary, so that said section, when amended, shall read as follows: Sec. 6. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Baxley, to be elected by the qualified voters of said county of Appling at the general election for county officers to be held last preceding his term of office, whose term of office shall be two years. The fees of said solicitor shall be as follows: He shall be paid a salary of five hundred dollars ($500) out of the treasury of Appling county, to be paid monthly upon orders granted by the ordinary thereof at the end of each month, which salary shall be full compensation for all services rendered in said city court of Baxley of every kind whatever, for representing the State in each case carried to the Supreme Court from said city court, fifteen dollars ($15.00). Said solicitor shall, for his services in the Supreme Court, be paid out of the treasury of State by warrant drawn by the Governor, upon certificate of the clerk of the Supreme Court as to the performance of such services, and the certificate of the clerk of the city court of the insolvency or acquittal of the defendant. City Court of Baxley. Election and compensation of Solicitor. Said solicitor, before entering upon the duties of his office, shall give bond with good security in the sum of one thousand dollars ($1,000), conditioned for the faithful discharge of the duties of his office, and shall, in addition to the oath required of

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all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Baxley; so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of said city court, and shall, together with said oath, be entered on the minutes of said court by the clerk, and may be sued on by any person interested. If for any reason said solicitor shall fail or be disqualified to act in any case the court shall have power to appoint a solicitor pro tem., who shall receive for his services such sum as the court may fix, not to exceed ten dollars ($10.00) in each case to be tried by him, said amount to be paid by the solicitor of said court out of his salary. Bond and oath of Solicitor. Solicitor pro tem. 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 22, 1907. BLAKELY, CITY COURT OF, SHERIFF, STENOGRAPHER, FEES, ETC. No. 132. An Act to amend 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 payment of officers therefor, and for other purposes, approved August 21, 1906, so as to provide the method of appointing the sheriff of said county, and fix the fees of the officers therein; to provide for the appointment of a stenographer for said court, to prescribe his duties and fix his compensation, and for other purposes. SECTION 1. Be it enacted, That section 7 of the above-recited Act be amended by striking therefrom the following words in the second, third and fourth lines of said section, to wit: 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, and inserting in lieu thereof the following words: In all criminal cases the same fees that are allowed by law to the clerk of the superior court, so that said section, when amended, shall read as

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follows: Sec. 7. Be it further enacted that the fees of the clerk of said court shall be as follows: In all criminal cases the same fees that are allowed by law to the clerk of the superior court. 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; each claim case, one dollar; issuing and docketing fi. fa., fifty cents; each lien for foreclosure, one dollar; filing procedings 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 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. City Court of Blakely Fees of Clerk. SEC. 2. Be it further enacted by the authority aforesaid, That the above-recited Act be amended by adding a section as follows: The judge of said city court of Blakely shall have authority to appoint an official stenographer of said court to hold office at the pleasure of the said judge. The duties of said stenographer shall be the same as those provided by law for a similar officer in the superior court. The compensation of said stenographer in civil cases shall be the same as that provided by law for stenographers in the superior court. In criminal cases his compensation shall be five dollars for each case reported, to be paid out of the fine and forfeiture fund in said court, and the judge of said city court of Blakely is hereby authorized and empowered to have reported such criminal cases in said court as in his discretion he may deem necessary or proper to have reported. Appointment and compensation of stenographer. SEC. 3. Be it further enacted, That all the provisions of this Act shall take effect immediately 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 the same are, hereby repealed. Approved August 22, 1907.

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BRUNSWICK, CITY COURT OF, SOLICITOR, ETC. No. 87. An Act to amend an Act and amendatory Acts establishing the city court of Brunswick, Glynn county. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all of section three of 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 December 12, 1903, to create the office of solicitor of said court, to dispose of the cost, fines and forfeitures arising therein, and for other purposes, approved August 20, 1906, be, and the same is, hereby repealed and the following inserted to take the place of said stricken and repealed section, to wit: City Court of Brunswick. Sec. 3. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said court, who shall be appointed by the Governor of the State of Georgia, whose term of office shall be four years, and until his successor is appointed and qualified; the first appointment under this Act to take effect on January 1, 1909. Solicitor, appointment and salary. Said solicitor shall be paid a salary of fifteen hundred dollars per annum, which said sum shall be paid monthly by the county treasurer of Glynn county, or other officer having charge of said county funds, on the certificate and order of the commissioner of roads and revenues of said county of Glynn. Said salary shall be in full of all compensation for all services of whatever kind or nature rendered by said solicitor of said court, and in lieu of such fees or costs as are allowed him by law: Provided, however, in the absence, inability or disqualification of said solicitor, or assistant solicitor, to act or perform the duties of said office, the judge of said court shall have and is hereby given authority to appoint a solicitor pro tem., who shall receive for his services such sum as the judge may fix, not to exceed, however, fifteen dollars in each case represented by him, said amount to be paid in the same manner as the solicitor's salary is paid, same to be deducted from the salary of the solicitor. Solicitor, pro tem. Should the solicitor resign, or die, or become disqualified or ineligible to said office during his term, then in that event the

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Governor of said State shall appoint some fit and qualified attorney at law to the office to fill said unexpired term of office. Vacancy. Said solicitor is hereby empowered to appoint an assistant, who shall be known as assistant solicitor of said court, who shall, upon his appointment, take and subscribe the following oath before the judge of said court in open court, to say: I,....., do solemnly swear or affirm that I will execute, do and perform the duties of office as assistant solicitor of the city court of Brunswick to the best of my skill and ability and without fear, favor, or prejudice, for or against any one; so help me God. And which said oath, together with said appointment, shall be spread upon the minutes of said court; and when so appointed and qualified he shall hold office at the will of the solicitor of said court, and shall be paid for his services by the solicitor of said court, he alone being responsible for the compensation for services rendered by said assistant solicitor. Assistant Solicitor, appointment and oath. 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 22, 1907. CAMILLA, CITY COURT OF, ELECTION OF OFFICERS, ETC. No. 237. 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 its jurisdiction and powers; to provide for the appointment of a judge and solicitor and other officers thereof; to define their powers and duties, and for other purposes, approved August 17, 1905, and amended by an Act amendatory thereof, approved August 21, 1906, so as to provide for the election of a judge and solicitor of said court by the people, and for other purposes. SECTION 1. Be it enacted, That 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 its jurisdiction and powers; to provide for the appointment of judge and solicitor and other officers thereof; to define their duties and powers, and for other

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purposes, approved August 17, 1905, as amended by an Act amendatory thereof, approved August 21, 1906, 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, and the same is, hereby amended by striking out all of said section as amended, beginning with the words, by appointment, following the word filled, appearing in the twentieth line of said amended section, and extending through the words unexpired term, and to the word said, appearing in the thirty-sixth line of said amended section, and inserting in lieu thereof the following: By the qualified voters of the county of Mitchell, at an election to be ordered by the ordinary of said county within thirty days from the time such vacancy occurs, to be held in the same manner as elections for the election of members of the General Assembly of the State of Georgia are held, who shall hold office for the unexpired term and until his successor is elected and qualified; so that when said section is so amended, it will 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 of the Senate. The term of office of said judge and solicitor shall be 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 judge or solicitor, the same shall be filled by the qualified voters of the county of Mitchell, at an election to be ordered by the ordinary of said county, within thirty days from the time such vacancy occurs, to be held in the same manner as elections for the election of members of the General Assembly of the State of Georgia are held, who shall hold office for the unexpired term, and until his successor is

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elected and qualified. Said judge of the city court of Camilla shall receive a salary of eighty-three and one-third ($83 1-3) dollars per month, and shall be paid monthly out of the treasury of Mitchell county by the treasurer of said county. Judge and Solicitor. SEC. 3. Be it further enacted, That section 6 of said Act be, and the same is, hereby amended by adding after the last words of said section the following: Provided, that said solicitor after the expiration of the present term of the solicitor now in office, shall be paid a salary of $1,000 per annum, which shall be paid out of the treasury of Mitchell county by the treasurer 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 the city court of Pelham, 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 Court of Appeals of Georgia, from the city court of Camilla, or from the city court of Pelham, said solicitor shall receive a fee of $15.00. The fee for representing cases carried to the Court of Appeals from the city court of Camilla or city court of Pelham 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 to perform the duties of the office, the judge of said courts shall have authority to appoint a solicitor pro tem., who shall receive for his services such sum as the judge may fix, not to exceed, however, $15.00 in each case represented by him; where the solicitor is disqualified said amount to be paid in the same manner as the solicitor's salary is paid; so that said section, when so amended, shall read as follows: Sec. 6. Be it further enacted, That the solicitor of the city court of Camilla shall receive the same fees as are now allowed by law to the solicitors-general of this State for similar services in the superior courts of this State: Provided, said solicitor shall have the same fee for drawing the accusation hereinafter provided for, as are now allowed by law to solicitors-general in the superior court for drawing bills or indictments: Provided, that said solicitor after the expiration of the term of the solicitor now in office, shall be paid a salary of $1,000 per annum, which shall be paid out of the treasury of Mitchell county by the treasurer 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 of Camilla and the city court of Pelham, and in lieu of such fees as are allowed him by law: Provided, however, that for representing the State in

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each case carried to the Court of Appeals of Georgia from the city court of Camilla or from the city court of Pelham, said solicitor shall receive a fee of $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 said office, the judge of said courts shall have authority to appoint a solicitor pro tem., who shall receive for his services such sum as the judge may fix, not to exceed, however, $15.00 in each case represented by him, said amount, where the solicitor is disqualified, to be paid in the same manner as the solicitor's salary is paid. Salary and fees of Solicitor. SEC. 4. Be it further enacted, That section 27 of said Act, as amended by an Act amendatory thereof, approved August 21, 1906, be, and the same is, hereby amended by striking out all of the last sentence of said section, which reads as follows: The defendant shall not be allowed to demand indictment by 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, inserting in lieu thereof the following: The defendant shall in all cases be allowed to demand indictment by the grand jury as a condition precedent to trial, and it shall be the duty of the said judge to commit the defendant for his appearance before the grand jury, and transmit all papers in the case to the grand jury for action thereon. In all cases transferred to the superior court of Mitchell county from said city court upon demand for indictment, in which indictments are found by the grand jury, it shall be the duty of the judge of the superior court to immediately transfer all such cases back to the city court of Camilla, to be there disposed of; so that said section, when so amended, shall read as follows: 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 officers of said court. Upon such accusation being filed in the clerk's office of said court, the defendant shall be asked by the judge whether he waives trial by jury. If he answers yes, the judge shall proceed to try and determine the case. If the defendant shall answer

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no, or stand mute, he shall then be put upon trial before jury of said court, if such jury be present, and if not, the 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 postponement and continuances as the rules of the superior court require. The defendant shall in all cases be allowed to demand indictment by the grand jury as a condition precedent to trial, and it shall be the duty of the judge of said court to commit the defendant for his appearance before the grand jury, and transmit all papers in the case to the grand jury for action thereon. In all cases transferred to the superior court of Mitchell county from said city court upon demand for indictment, in which indictments are found by the grand jury, it shall be the duty of the judge of said superior court to immediately transfer all such cases back to the city court of Camilla to be there disposed of. Accusation and trial. Indictments. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict herewith, be, and the same are, hereby repealed. Approved August 22, 1907. CLARKESVILLE, CITY COURT OF, CLERK, ETC. No. 130. An Act to amend an Act entitled An Act to repeal an Act to establish the city court of Clarkesville, in Habersham county, Georgia, approved July 27, 1903, so as to authorize the clerk of the superior court of Habersham county, Georgia, to issue executions upon judgments rendered in said city court and to confer all duties and powers upon said clerk of the superior court that the clerk of the said city court had. SECTION 1. 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 repeal an Act to establish the city court of Clarkesville, in Habersham county, Georgia, approved July 27, 1903, be, and the same is, hereby amended by adding after the word court, in the eighth line of the second section of said Act, the following words: The clerk of the superior court of Habersham county, Georgia, is hereby authorized and it is his duty to issue executions upon any judgments rendered

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in said city court, or issue any process necessary to carry out or wind up any business of said city court, so that said section number two, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That immediately after the passage of this Act the judge of the city court of Clarkesville shall transfer all pending cases now on the docket of said city court of Clarkesville, together with the papers and records pertaining to the same to the superior court of said county of Habersham, where they shall severally stand for trial as cases originating in said superior court, and the clerk of the superior court of Habersham county, Georgia, is hereby authorized and it is his duty to issue executions upon any judgments rendered in said city court, or issue any process necessary to carry out or wind up any business of said city court. City Court of Clarkesville. Executions on judgements 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 22, 1907. CORDELE, CITY COURT OF, ELECTION OF OFFICERS, ETC. No. 192. An Act to amend an Act entitled An Act to establish the city court of Cordele, in and for the county of Crisp; to define its jursidictions 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, approved August 17, 1906. SECTION 1. Be it enacted, That the Act of the General Assembly of Georgia, approved August 17, 1906, entitled An Act to establish the city court of Cordele, in and for the county of Crisp, to define its jurisdictions 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 be, and the same is, hereby amended as follows: City Court of Cordele. SEC. 2. Be it further enacted, That section 3 of said Act

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be stricken from same, and in lieu thereof the following section be inserted: Sec. 3. Be it further enacted, That there shall be a judge of said city court of Cordele, who shall be elected by the qualified voters of Crisp county at the general election for State and county officers, to be held on the first Wednesday in October, 1910, and that the term of office of judge elected at said election on the first Wednesday in October, 1910, shall begin January 1, 1911, and extend four years thereafter, or until his successor is elected and qualified, and the terms of all judges so elected, after October, 1910, shall begin on the first day of January of the year succeeding their election, and extend for four years thereafter, or until their successors are elected and qualified, and all vacancies occurring in the office of judge of said city court shall be filled by special election, to be called by the ordinary of Crisp county, to be held not later than thirty days from the date of call. Said special election shall be held under and governed by the laws of the State provided for special elections, and the judge so elected shall serve out the residue of the unexpired term, and until his successor is elected and qualified. The judge of the city court of Cordele shall receive a salary of two thousand dollars per annum, 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 funds of said county from which the expenses of court are paid. Judge, election, term and salary. Vacancy. SEC. 3. Be it further enacted, That section 4 of said Act be amended by striking therefrom the words appointed and appointment wherever they occur in said section, and in lieu of the word appointed, the word elected be inserted, and in lieu of the word appointment the word election be inserted. SEC. 4. Be it further enacted, That section 5 of said Act be stricken from same, and in lieu thereof the following section be inserted: Sec. 5. Be it further enacted, That there shall be a solicitor-general of said city court of Cordele, who shall be elected by the qualified voters of Crisp county at the general election for State and county officers, to be held on the first Wednesday in October, 1910, and that the term of office of solicitor-general elected at said election on the first Wednesday in October, 1910, shall begin January 1, 1911, and extend four years thereafter, or until his successor is elected and qualified, and the terms of all solicitors-general so elected after October, 1910, shall begin on the first day of January of the year succeeding their election, and extend for four years thereafter, or

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until their successors are elected and qualified, and all vacancies occuring in the office of solicitor-general of said city court shall be filled by special election to be called by the ordinary of Crisp county, to be held not later than thirty days from the date of call. Said special election shall be held under and governed by the laws of the State provided for special elections, and the solicitor-general so elected shall serve out the residue of the unexpired term, and until his successor is elected and qualified. He shall prosecute all offenses cognizable before the court, and shall represent the State in each case carried to the Supreme Court or the Court of Appeals from said city court. The fees of the solicitor-general in said city court shall be, for all services, the same as the fees of the solicitor-general for services in like cases in the superior court; for representing the State in each case carried to the Supreme Court or the Court of Appeals from the said city court, his fees shall be the same as the solicitor-general for like services from the superior court; 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 elected solicitor-general of this court. Solicitor, election, terms and fees. Solicitor pro tem. SEC. 5. Be it further enacted, That section 44 of said Act be stricken from same and in lieu thereof the following section be inserted: Sec. 44. Be it further enacted, That the money arising from the hire of misdemeanor convicts from said city court, after the payment of the fees and costs of the officers of the court in each particular case, and also the amounts due the justices of the peace, and the notaries public, who are ex-officio justices of the peace, constables and bailiffs, that they may be entitled to in each particular case, shall be paid to the treasurer of Crisp county to be used for road purposes, which shall in no event be liable for insolvent or other costs. Hire of misdemeanor convicts. SEC. 6. Be it further enacted, That all money in the hands of the judge of the city court of Cordele, or that may have been paid over by him to the treasurer of Crisp county, arising from the hire of misdemeanor convicts in said court, at the date of the passage of this Act, shall be freed from all liens for insolvent costs arising hereafter, and shall be placed to the credit of the general fund, and be used for general county purposes. Convict hire, heretofore collected.

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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 22, 1907. COVINGTON, CITY COURT OF CREATED. No. 289. An Act to create the city court of Covington in and for the county of Newton, to prescribe all powers and duties thereof, to provide for the officers thereof, and define the manner of their election or appointment, to provide for the compensation of said officers, 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 Covington is hereby established in the city of Covington and created with civil and criminal jurisdiction over the whole county of Newton, this Act to take effect on the first day of September, 1907, after its passage and approval by the Governor. City Court of Covington. SEC. 2. Be it further enacted, That said city court of Covington shall have jurisdiction to try and dispose of all civil cases of whatever nature or amount, except those cases over which exclusive jurisdiction is vested in the superior court by the Constitution and laws of the State of Georgia; provided, said city court of Covington shall not have power to correct errors in inferior jurisdictions by writs of certiorari, and said city court shall not have power to issue writs of mandamus or quo warranto, or foreclose mortgages on real estate. All suits brought in said city court, in which the principal sum involved does not exceed fifty dollars ($50), the clerk shall only receive justice court costs with recording fees additional as hereinafter provided; and the sheriff shall only receive seventy-five cents for serving each copy, and one dollar for each levy in all cases of said city court of fifty dollars or under. When the clerk and the sheriff perform services for which no fees are provided in the justice courts they shall receive the same fees as provided in this bill for like services in cases arising in this court. In all cases of fifty dollars or under, the clerk shall only receive for filing and docketing,

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entering judgment on the minutes, and issuing processes, thirty-five cents each for three items. Jurisdiction in civil cases. Fees of Clerk and Sheriff. SEC. 3. Be it further enacted, That said city court of Covington shall have jurisdiction to try and dispose of all misdemeanors committed in said county of Newton; that the judge of the superior court shall send down from the superior court of said county all presentments and bills of indictment for misdemeanors to said city court for trial, said order to be entered in the minutes of both courts; and it shall be the duty of the justice of the peace and notaries public of said county to bind over to said city court of Covington all persons charged with offenses, committed within the limits of said county, over which said city court of Convington has jurisdiction. Jurisdiction in crimina cases. SEC. 4. Be it further enacted by the authority aforesaid, That the city court of Covington shall be a court of record, and shall have a seal, and the minutes and records that are required by law to be kept for the superior court shall be kept in the said city court of Covington in the same manner, except that in civil cases in which the amount involved does not exceed one hundred dollars. The original proceedings shall not be recorded. All laws applicable to the duties of the clerk and sheriff of the superior court shall apply to them in the city court of Covington, except where it is otherwise provided in this Act. All process and writs shall be issued and signed by the clerk, attested in the name of the judge, and be directed and served as process and writs in the superior courts are directed and served. Cour o record. SEC. 5. Be it further enacted by the authority aforesaid, That said city court of Covington shall be held in the county court-house in Covington, in Newton county, and the board of county commissioners shall provide the necessary books for keeping its dockets, minutes and records. Court room, etc. SEC. 6. Be it further enacted by the authority aforesaid, That the terms of said city court of Covington shall be held bi-monthly beginning on the first Wednesdays in September, November, January, March, May and July of each year. The judge of said city court shall have power to hold said court in session from day to day for such period as may be necessary to transact the business of the court; that he may hold adjourned terms of the regular bi-monthly terms, when in his discretion needful; and in his discretion, between the regular bi-monthly terms thereof, he may hold at any time special sessions for the trial of criminal cases, with or without a jury, if to the interest of the State and the accused, and for the disposition of such civil cases and

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business as may be ready for trial by the consent of parties, or in the discretion of said judge, where the dispatch of business or the ends of justice require it. Civil or criminal trials at such special terms may be held by the judge without a jury, or if a jury be demanded, the judge shall have the power, either at such special terms or prior thereto, to open the jury box of said court and draw a jury for said terms as for the regular term. Terms of court. SEC. 7. Be it enacted by the authority aforesaid, That all civil cases shall be returnable for trial at the regular term of said court, after twenty days have elapsed from the filing and docketing on the proper docket of the court, and at least fifteen days from service thereof on the defendant; the defendant shall file his defense on or before the first day of the first term of said court, and said case shall be tried at the next term, unless continued, postponed or passed by the court, for such causes and under such rules as cases are now continued, postponed or passed, unless not reached by the court. Unless a plea or defense to any civil case be filed on the first day of the term to which such case is returnable, the judge of said court may enter judgment therein by default, or he may require the plaintiff therein to proceed and make out his case and the judge shall enter judgment accordingly, as the nature of the case may require. The judge, in his discretion, on sufficient cause shown, may postpone any case to a later date in the term, or to a special or adjourned term having due regard to the time and opportunities parties may have had from the circumstances and nature of the case to be ready for trial. Return term and trial term. Pleas, default. SEC. 8. Be it further enacted by the authority aforesaid, That any person may be tried on a written accusation, which shall set forth plainly the offense charged, and be signed by the prosecutor and the prosecuting attorney. It must be based on an affidavit made by the prosecutor or before the judge, or some other judicial officer and each defendant in criminal cases shall be entitled to demand indictment by the grand jury. Accusation SEC. 9. Be it further enacted by the authority aforesaid, That if the defendant demands a trial by jury, the judge of said court shall proceed with said cause, at the regular term of said court, according to the rules and laws of the superior court, applicable to the trial of misdemeanors, except that the jury shall be selected in the maner provided by this Act. If the defendant demands a trial by jury, and the said court is not sitting at regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure

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to give bond, shall commit him to jail until the next regular term of said court. If the defendant waive trial by jury, then the said judge shall proceed to hear and determine such case, conformable to the law governing superior courts, as the same may be applicable; provided, that a reasonable time may be granted to the State or the defendant to procure witnesses. Trial by jury. SEC. 10. Be it further enacted by the authority aforesaid, That in all trials of criminal cases on accusation, founded on affidavits, the counsel for the State shall have the right, at any stage of any trial, to amend the allegations, both in substance and in form, so as to cure any legal or technical defects, and to secure all allegations necessary to charge the crime or make allegations conform to the proof, to avoid variance of allegation and proof in the crime originally charged; provided, the presiding judge may, if in his discretion the ends of justice require, grant a continuance to the defendant on the grounds of surprise. Amendments in criminal cases. SEC. 11. Be it further enacted, That there shall be a judge of the said city court of Covington, who shall be elected by the qualified voters of the county of Newton, at the next general election for county officers held in said county in October, 1908, whose term of office shall begin on the first day of January, 1909, and shall be for four years from said date and until his successor is elected and qualified; said judge to be elected under the same rules and regulations as other county officers are elected. As the term of office of the judge of the said city court of Covington expires his successors shall be elected and qualified; said judge shall be commissioned by the Governor of the State of Georgia for a term of four years and until his successor is elected and qualified. If a vacancy shall occur, either by death, resignation or otherwise, the Governor shall appoint a judge to fill such vacancy, to hold the office until the first of January next succeeding a general election for county officers, at which general election the judge shall be elected for the unexpired term, if any. Judge, election and term. Vacancy. SEC. 12. Be it further enacted by the authority aforesaid, That the judge of said court must be at least twenty-eight years of age; must have been a resident of the county of Newton at least two years immediately preceding his election, and a practicing attorney-at-law at least five years before his election. Before entering upon the discharge of his duties, he shall take and subscribe to the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and

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impartially discharge and perform my duties, which may be required of me as judge of the city court of Covington, in the county of Newton, 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. Such oath shall be immediately forwarded to the Governor and filed in the Executive Department. Said judge may practice law in any court except the one provided for by this Act; he shall have authority to issue warrants, to dispossess tenants holding over and intruders; to issue distress warrants, and generally to do all acts which the judges of the county courts are generally authorized to do, unless otherwise provided in this Act. The said judge shall have his office in the court-house in Covington and shall receive a salary of ten hundred dollars per annum, which shall be paid monthly out of the treasury of Newton county; said salary shall not be increased or diminished during his term of office, except upon recommendation of the grand jury may be increased to twelve hundred dollars. Said judge shall have the same power to enforce his orders, preserve order, and punish for contempt, and enforce laws and judgments, as is vested by law in the judges of the superior courts of this State. Qualifications of Judge. Oath of Judge Powers of Judge. Salary of Judge. SEC. 13. Be it further enacted, That the judge of said city court shall have power to issue and try writs of habeas corpus, and the same power as a judge of the superior court in enforcing his judgments therein. Powers of Judge. SEC. 14. Be it further enacted, That whenever the judge of said court is from any cause disqualified, and the judge of the superior court can not, from any cause, preside in said court as provided for in the Constitution, then upon the consent of the parties, or upon their failure and refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided in the superior courts. Judge, pro [Illegible Text] vice. SEC. 15. Be it further enacted, That the judge of said court shall have power to cause testimony to be taken and used, de bene esse, and his jurisdiction in such case shall be according to the general laws of this State, and the judge and all other officers of said court shall have power, respectively, to administer all oaths pertaining to their offices as the judge and all other officers of the superior court may in all cases do; said judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in this State, in which by existing laws such papers may be attested, and affidavits administered

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by justice of the peace of this State, and the judge of said court shall have all powers and authority thereto in said county of Newton, of judges of the superior courts, except where, by law, exclusive power and authority are vested in the judge of the superior court; and all laws relating and governing judges of the superior courts shall apply to the judge of the city court of Covington, so far as the same may be applicable, except as herein otherwise provided. Powers of Judge. SEC. 16. Be it further enacted, That there shall be a solicitor of said city court of Covington, who shall be elected by the qualified voters of the county of Newton, at the next general election held in said county for the election of county officers in October, 1908, whose term of office shall be for four years, beginning on the first day of January, 1909. Said solicitor shall be commissioned by the Governor for a term of four years from his election and qualification. Said solicitor shall be elected under the same rules and regulations as other county officers are elected. All vacancies shall be filled by the Governor of the State of Georgia; said solicitor shall be the prosecuting attorney of the said city court of Covington; he shall be at least twenty-five years old at the time of his election; must have been a resident of the county of Newton for at least two years immediately preceding his election. He shall prosecute for all offenses cognizant before the court, and shall represent the State in all cases carried to the Supreme Court or the Court of Appeals from said city court, but in his absence the judge may appoint a solicitor pro tem., who shall receive the same fees allowed to the solicitor in the cases conducted by him. The fees of the solicitor of the said city court shall be as follows: For every accusation drawn by him in such cases as are tried or settled he shall receive the sum of five dollars and for all other services he shall receive the same fees as are now allowed by law for the same service to the solicitor-general of the Stone Mountain circuit. Before entering upon the duties of his office he shall give bond in the sum of one thousand dollars conditioned to faithfully discharge the duties of his office and he shall also take and subscribe the following oath of office: I do solemnly swear that I will well and truly discharge the duties of the office of solicitor of the city court of Covington, to the best of my skill and ability, without fear, favor, affection, reward or the hope thereof; so help me God. Solicitor, qualifications, election, term of office and compensation. SEC. 17. Be it further enacted, That on the first Monday in

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each month, or on any day previous to the first Monday he may deem proper to do so, the clerk shall distribute the fines and forfeitures arising from the cases tried in the court as follows: All bills due to the solicitor of said city court, the sheriff and clerk shall be approved by the judge and entered upon the minutes, and shall be a lien upon all fines and forfeitures raised in the court superior to all other claims for insolvent costs, and when the clerk distributes such fines and costs and forfeitures, he shall pay the same to the solicitor of said city court, the sheriff and clerk of said court, and any other bills for insolvent costs for fees in cases in said court, and when the bills are fully paid, the surplus shall be paid to the treasurer of said county, who shall place it to the credit of the fines and forfeitures fund, and it shall be distributed as provided by law. The solicitor-general and the clerk of the superior court and sheriff of the superior court, shall share pro rata in the fines and forfeitures arising from cases transferred from the superior court before any surplus is paid into the county treasury. When a justice of the peace or a notary public or an ex-officio justice of the peace has bound over such offender whose case is transferred, such officers shall share on the same terms with the sheriff, clerk and the solicitor-general of the superior court, in any fund and forfeiture arising in the case; provided, however, that the insolvent costs due the solicitor-general, the sheriff and clerk of the superior court shall be paid only from moneys arising from fines and forfeitures in the cases sent down from the superior court. Fines and forfeitures. SEC. 18. Be it further enacted, That the clerk of the superior court of Newton county shall be the clerk of the said city court and shall perform in the said city court the same duties that are by law required of him as an officer of the superior court, so far as the same do not conflict with the provisions of this Act; said clerk shall, before entering on the duties of the office, take and subscribe an oath to perform faithfully and impartially the duties thereof, which oath shall be entered on the book of the minutes of the said city court; he shall also before entering on the duties of his office execute a bond with good security in the sum of one thousand dollars, for the faithful discharge of the duties of his office. In the event the clerk of the superior court shall fail to qualify or execute the bond, the judge of said city court is hereby authorized to appoint a clerk of said court. Clerk, duties, oath and bond. SEC. 19. Be it further enacted, That the sheriff of Newton

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county shall be the sheriff of said city court; that before entering on the discharge of the duties of his office he shall execute a bond with good security in the sum of two thousand dollars, for the faithful discharge of the duties of his office. He shall have power to appoint a deputy or deputies. In the event the sheriff of the superior court of Newton county shall fail to qualify or execute the bond, the judge of said city court is hereby authorized to appoint a sheriff for the said court. Sheriff bond of. SEC. 20. Be it further enacted, That all the duties and liabilities attached to the office of the clerk of the superior court, and to the office of the sheriff, shall be attached to the office of the clerk and sheriff of the said court, respectively; and the judge of the said city court is empowered to exercise the same authority over the clerk and sheriff and his deputy or deputies as is exercised by the judge of the superior courts over the clerks of the superior courts and sheriffs of the counties of Georgia. Duties and liabilities of Clerk and Sheriff. SEC. 21. Be it further enacted, That the fees of the clerk and of the sheriff of said city court shall be the same as are or may be allowed by law to the clerk of the superior court and the sheriff of the superior court, in all criminal cases, and in all civil cases, where the principal sum involved exceeds one hundred dollars. Where the principal sum is less than one hundred dollars, they shall receive only one-half the amount for all services, and where the principal sum is less than fifty dollars, they may require the plaintiff, at the time of filing the suit, to pay the difference between justice court costs, which is the limit of recovery in such cases, and the amount provided in this court in such cases. Fees of Clerk and Sheriff. SEC. 22. Be it further enacted, That the judge of said court at each term, may appoint not exceeding two bailiffs. Bailiffs. SEC. 23. Be it further enacted, That the clerk shall prepare and file in his office a complete copy of the traverse jury list of the superior court of Newton county, as provided from time to time for the superior court. From said copy traverse jurors in said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn all traverse jurors, as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales jurors in the superior court shall apply to said city court, except that only eighteen jurors shall be drawn to constitute a panel for service at each term of court. Jury list and box.

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SEC. 24. Be it further enacted by the authority aforesaid, That laws in reference to qualifying, impaneling, fining, challenging jurors now of force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Jurors. SEC. 25. Be it further enacted, That from said panel of traverse jurors, drawn and summoned by the provision of this Act, the judge of the said city court shall cause to be stricken the trial juries. In all civil cases the plaintiff and defendants shall be entitled to three strikes each from the panel of eighteen. In criminal cases the defendant may waive trial by a jury of twelve jurors and be tried by a jury composed of nine jurors, secured from the panel of eighteen by allowing the defendant six strikes and the State three strikes. But if the defendant shall demand a full jury of twelve men, such jury shall be secured from the panel of eighteen by allowing the defendant four strikes and the State two strikes. In case, from any cause, said panel shall be reduced below eighteen, the judge shall have power to fill it by causing talesmen to be summoned instanter. All laws and rules, both civil and criminal, regulating the selection of juries in superior courts shall apply to said city court, except where they are inconsistent with the terms of this Act. Juries, how selected. SEC. 26. Be it further enacted, That one or more extra panels of juries may be summoned for the city court where needed, in the opinion of the presiding judge. But, if in the opinion of the judge of said court the business to be tried at any term of said court, can be disposed of without summoning of a jury, the judge shall direct that a jury be not summoned. Extra panels. SEC. 27. Be it further enacted by the authority aforesaid, That the jurisdiction, methods and proceedings in said city court shall be the same as in the superior court, unless otherwise provided by this Act. Jurisdiction and procedure. SEC. 28. Be it further enacted by the authority aforesaid, That the laws regulating and enforcing judgments in the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied, and sales be had thereunder according to the same rules and laws regulating the same in the superior court, except that sales of personal property under execution or other process not exceeding one hundred dollars shall be advertised by posting the same at the court-house door and three other public places in the county, for twenty days before the day of sale. Judgments, how enforced.

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SEC. 29. Be it further enacted, That suits in the said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as otherwise provided in this Act. Practice. SEC. 30. Be it further enacted, That all matters pertaining to the mode of commencing suit, pleading, etc., the laws governing the superior court, where not inconsistent with this Act, and unless otherwise provided by this Act, shall be applicable to said city court. Practice. SEC. 31. Be it further enacted, That the judge shall have power to hear and determine all civil cases of which said court has jurisdiction, and to give judgment and execution thereon. The defendant in any case is entitled to trial by jury in such court, upon entering demand therefor by himself or attorney in writing at the time of filing his answer to said suit, and the plaintiff shall be entitled to trial by jury by filing demand therefor at the appearance term, in all cases where such parties are entitled to a trial by jury, under the Constitution and laws of this State. Trials. SEC. 32. Be it further enacted, That said court shall have jurisdiction of all claims where personal property is involved, and such claims shall be tried in the same manner as claims in the superior court. Claims. SEC. 33. Be it further enacted, That claims to real property, levied under executions or other processes from said city court shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Claims to realty SEC. 34. 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, so far as the nature of the city court will admit. Attachments in the said court returnable to said court shall be directed to all and singular the sheriffs and constables of this State, and the judge of the city court may, or any justice of the peace or notary public, or ex-officio justice of the peace, can issue attachments returnable to said city court, under the same laws that govern the issuing of attachments, returnable to the superior court. Attachments and garnishments. SEC. 35. Be it further enacted, That garnishment proceedings in said court shall be conformable to the laws of the State on the subject in the superior courts. When any garnishment proceedings are commenced under section 4715 of the Code of Georgia of 1895, volume 2, based upon suits pending in this court, or

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judgment obtained in this court, the person served with summons of garnishment residing in a different county from the county of Newton shall be required to answer in the superior court of the county of his residence in the manner provided by this section aforesaid, unless there be also a city court in said county, in which event he shall answer to the city court. Garnishments served on non-residents. SEC. 36. Be it further enacted, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but where scire facias shall run throughout the State, it may be served by any sheriff or his deputy. Parties, how made. SEC. 37. Be it further enacted by the authority aforesaid, That the judge of said court shall have power to grant a new trial in any case upon the same conditions and under the same law that governs the granting of new trials in the superior court. New trials. SEC. 38. Be it further enacted, That a writ of error shall be directed from said city court to the Court of Appeals of this State or to the Supreme Court of this State as the nature of the case may require upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error. SEC. 39. Be it further enacted, That all cases in said court shall have the same power and the same rights in pleading or procedure, or other matter pertaining to the same, as cases in the superior court. SEC. 40. Be it further enacted, That all jurors in said city court shall receive two dollars per day for their service 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. 41. Be it further enacted, That all rules of the superior courts relating to continuances, motions and pleas and practice shall be applicable to said city court, and shall obtain therein. Rules of practice. SEC. 42. Be it further enacted, That the first term of said court, to which a case is brought, shall be the appearance or re-return term, the second term shall be the trial or judgment term, except as provided in section 7 of this Act concerning undefended civil suits which shall be disposed of as therein provided at the first term, and all laws, rules and practices in said court, with reference to the terms thereof, and continuances and trials of cases therein, shall be the same as in the superior court, unless otherwise provided in this Act. Return and trial terms

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SEC. 43. Be it further enacted by the authority aforesaid, That all cases undisposed of in the county court of Newton county shall be transferred to said city court, and be disposed of as other cases therein. All processes returnable to said county court shall be returned to said city court. The officers of said city court shall have power to enforce in the name of the city court any process in any case from the county court, necessary for the final disposition of the same. Transfer of business from County Court. SEC. 44. Be it further enacted, That all records, books and papers of file in the said county court shall be filed with the clerk of the said city court. All fi. fas. and final processes from the county court shall be enforced by the sheriff of said city court, and return thereof made to the city court, and the bills for insolvent costs of the officers of the county court are hereby given a lien upon all moneys arising from fines and forfeitures from said city court to the same extent as they now have upon fines and forfeitures in the said county court. Records of County Court. SEC. 45. Be it further enacted by the authority aforesaid, That it shall be the duty of the ordinary of the county of Newton to call an election for judge and solicitor for the city court of Covington 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 at once the duties of their respective offices, and shall serve as such until the first day of January, 1909, at which time the judge and solicitor elected at the general election for county officers held in said county of Newton, in October, 1908, shall assume the duties of their respective offices, as previously provided for in this Act. Said election thus to be called by the ordinary of said county shall be governed by the same rules and regulations as the elections in which other county officers are elected. Judge and Solicitor, election of and term of office. SEC. 46. Be it further enacted, That all laws and parts of laws in conflict be, and the same are, hereby repealed. Approved August 22, 1907.

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DALTON, CITY COURT OF, FEES OF JURORS. No. 39. An Act to amend an Act entitled an Act to establish the city court of Dalton, approved August 23, 1905, 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 entitled an Act to establish the city court of Dalton, approved August 23, 1905, be amended as follows: City Court of Dalton; per diem of jurors. SEC. 2. That section 22 of said Act be amended as follows: Jurors in said city court shall receive one dollar and fifty cents per day for each day of their attendance. That said Act be amended by striking therefrom the words one dollar and fifty cents per day and insert in lieu thereof the words jurors in said city court shall receive the sum of two dollars per day for each day of their attendance, and be paid in the same manner and under the same rules and regulations as jurors in the superior court are, or hereafter may be 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 August 13, 1907. EASTMAN, CITY COURT OF, JURISDICTION, ETC. No. 302. An Act to amend an Act 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 the State of Georgia, That from and after the passage of this Act, section 2 of the Act establishing the city court of Eastman, in the county of Dodge, approved August 23, 1905, be, and the same is, hereby amended by adding at the end of said section the following words, to wit: Provided, no suit shall be brought

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tried or maintained in said city court of Eastman upon any note or account where the justice court of the district of the defendant's residence would have jurisdiction to try and dispose of the same; provided further, that this shall not apply to suits where bona fide garnishment proceedings are instituted in connection therewith. City Court of Eastman; jurisdiction. 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 22, 1907. FITZGERALD, CITY COURT OF ESTABLISHED. No. 291. An Act to establish the city court of Fitzgerald, in the city of Fitzgerald, in and for the county of Ben Hill; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers and duties of a judge and the other officers thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same. That the city court of Fitzgerald, to be located in the city of Fitzgerald, in the county of Ben Hill, is hereby established and created, with civil and criminal jurisdiction over the whole county of Ben Hill, concurrent with the superior court, to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, except those of which the Constitution of this State has given to the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Ben Hill: 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 law or statute, including among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon

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distress warrants, foreclosures of all liens and mortgages and quo warranto; provided, that said city court shall have jurisdiction to try and dispose of civil cases in which the amount claimed or involved is less than fifty dollars, if the plaintiff in said case will pay in advance the officers of the court the difference between the justice court cost and the city court cost. City Court of Fitzger [Illegible Text] 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 of the State and confirmed by the Senate as other appointments of like character are made. Said judge to hold his office for the term of two years, and all vacancies in the office of judge shall be filled by appointment by the Governor for the residue of the unexpired term; but should a vacancy occur when the Senate is not in session, the Governor shall make the appointment to fill said vacancy and submit such appointment to the Senate which shall next thereafter convene. The judge of said city court shall receive a salary of fifteen hundred dollars per annum, which salary shall be paid monthly by the treasurer of Ben Hill county, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provision annually and levy the taxes for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. Judge, appointment and salary. SEC. 3. Be it enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he be at the time of his qualification at least twenty-five years old and a resident of the territory now embraced in Ben Hill county four years immediately preceding the appointment, and must have practiced law five years. He shall before entering upon the duties of his office give a bond in the sum of two thousand dollars payable to the Governor of the State, said bond to be filed and approved by the ordinary of Ben Hill county and shall take and subscribe the following oath: I solemnly swear that I will administer justice, without respect to persons, and do equal rights to poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Fitzgerald, of this county and 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. Judge, qualifications, bond and oath. SEC. 4. Be it further enacted by the authority aforesaid,

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That the solicitor shall be appointed by the Governor and confirmed by the Senate as other appointments of like character are made, whose term of office shall be two years, and whose duties shall be to prosecute for all offenses cognizable before said court. All vacancies in said office shall be filled by appointment by the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall not be in session the Governor shall fill such a vacancy by appointment and shall submit such appointment to the Senate at its next session thereafter, provided, no one shall be eligible for the office of solicitor unless he be at the time of his appointment at least twenty-five years old, and a resident of the territory now embraced in the county of Ben Hill and must have practiced law two years. The said solicitor shall receive for his services a salary of twelve hundred dollars per annum, to be paid monthly, by the treasurer of Ben Hill county. The salary of said solicitor shall be paid from the sum arising from the fines and forfeitures of the said city court of Fitzgerald whenever there is a sufficient amount of the same in the hands of the said treasurer. Should there at any time when said solicitor's salary becomes due not be in the hands of the said treasurer enough of said funds to pay said salary, then the balance lacking, after the funds arising from the fines and forfeitures of said court have been exhausted, shall be made up and paid out of any other funds in the hands of said treasurer. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive for every case finally disposed of in said court, found upon open accusation or indictment, a fee of ten dollars, to be paid by the treasurer of Ben Hill county upon certificate or order of said city court judge. In addition to the above the solicitor shall recive the same fees that are allowed solicitors of superior court for bond forfeitures. There shall be collected in each case for solicitor's fees the same fees that are allowed solicitors-general for similar services in the superior court, which shall be paid to the treasurer of Ben Hill county. Solicitor, appointment, term of office, qualifications and compensation. SEC. 5. Be it further enacted by the authority aforesaid, That the solicitor of said court shall, for his services in the Supreme Court, be paid out of the treasury of the State the same fees and in the same manner as the solicitor-general of the superior court is paid for like services rendered in the Supreme Court. Said solicitor before entering upon his duties as said solicitor, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially and without fear,

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favor or affection, discharge my duties as solicitor of the city court of Fitzgerald; so help me God, and shall give bond in the sum of two thousand dollars payable to the Governor of the State, said bond to be filed with and approved by the ordinary of Ben Hill county for the faithful discharge of his duties as such solicitor. Solicitor, fees in Supreme Court, oath. SEC. 6. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Ben Hill county shall be the clerk of the city court of Fitzgerald, and said clerk shall, before entering upon the duties of the office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon 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 for the faithful discharge of the duties of the office. Clerk, oath and bond. SEC. 7. Be it further enacted by the authority aforesaid, That the sheriff of the superior court of Ben Hill county shall be the sheriff of the city court of Fitzgerald. Before entering upon the discharge of the duties of the office, said sheriff shall execute a bond with good security in the sum of three thousand dollars for the faithful discharge of the duties of the office. He shall have power to appoint a deputy or deputies, with the consent of said judge. It shall be the duty of the judge of said court to approve the bonds required to be given by both the clerk of said court and the sheriff, as provided in this section and section 6 of this Act. Sheriff, bond and oath. SEC. 8. Be it further enacted by the authority aforesaid, That all of 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 attach to the office of clerk of the city court of Fitzgerald, and to the office of sheriff of the city court of Fitzgerald, respectively, and that the judge of the said city court of Fitzgerald is empowered to enforce the same authority over said clerk and sheriff and their departments as is exercised by the judge of the superior court over the clerks of the superior court and sheriffs of the counties of Georgia. Duties and liabilities of Clerk and Sheriff. SEC. 9. Be it further enacted by the authority aforesaid, That the clerk of said city court shall be paid three dollars per day, and the sheriff thereof three dollars per day, for attendance upon said court, and unless otherwise specified in this Act, they and their deputies shall receive for all other services the same fees as are allowed by law for like services in the superior court;

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and for services rendered when no compensation is provided by law, they shall receive such compensation as the judge of said court shall, in his discretion, allow. They shall be amenable to the same processes and penalties as they are now amenable to as officers of the 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. Compensation 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 same, in the same way and with the same power as the judge of the superior court. Writs of habeas corpus. SEC. 11. Be it further enacted by the authority aforesaid, That the terms of said city court shall be held monthly for the trial and disposition of criminal and civil business, either or both; such terms to be held on the fourth Monday of each following month; and the judge may, in his discretion, hold adjourned or special terms of said court whenever the business so demands, for which he may require the attendance of juries. He may hold said 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 soon 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 city court 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. 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 proceeding in the superior court, except as hereinafter provided; but the process to 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 be served by the sheriff of the city court of Fitzgerald, or his deputies thereof. Proceedings. SEC. 13. Be it further enacted by the authorities aforesaid, That in all matters pertaining to service, pleading and practice, the laws governing the superior court, when not inconsistent with this Act, and unless otherwise especially provided by this Act, shall be applicable to said city court. Pleading and practice. SEC. 14. Be it further enacted by the authority aforesaid,

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That the judge of said city court shall have the power and authority to hear and determine, without a jury, all civil causes over which said court has jurisdiction, and to give judgment and execution therein; provided always, that either party in any cause shall be entitled to a trial by jury in said court by entering a demand therefor by himself, or his attorney, in writing on or before the call of the docket at the term to which said cause is returnable, in all cases when such party is entitled to a trial by jury under the Constitution and laws of this State. Trials. SEC. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the same manner as judgments in the superior court are; but property exempt from levy and sale under the process of said court, and all executions issuing from said court shall be attested in the name of the judge, signed by the clerk, and directed to the sheriff or his deputies, of the city court of Fitzgerald, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments, lien of and enforcement. SEC. 16. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied upon under executions or other process from said court, and such claims shall be tried in the same manner as claims are tried in the superior courts. Claims to personalty. SEC. 17. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said city court shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Claims to realty. SEC. 18. Be it further enacted by the authority aforesaid, That all laws upon the subjects 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 city court returnable to said court shall be directed to the sheriff or his deputies of the city court of Fitzgerald and to all and singular the sheriffs and constables of the 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 governing the issuing of attachments returnable to the superior courts. Attachments, [Illegible Text]. SEC. 19. Be it further enacted by the authority aforesaid,

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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. 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 scire facias shall run throughout the State, and may be served by any sheriff or his deputies thereof. Parties, how made. 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. Pleading and practice. SEC. 22. Be it further enacted by the authority aforesaid, That the judge of the said city court shall have the power to cause testimony to be taken and used de bene esse, and for the purposes of perpetuating testimony within his jurisdiction in all cases according to the laws of the State; and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office, as the judge and other officers of the superior court may in like cases do; and said judge shall have power to attest deeds and other papers, and administer affidavits, in all cases anywhere in the State in which, by existing laws, deeds and papers may be attested and affidavits may be 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 court; and all laws relating to the governing of judges of the superior court shall apply to the judge of the said city court, in so far as the same may be applicable, except as herein provided. Judge, powers of. SEC. 23. Be it further enacted by the authorities aforesaid, That any default entered by the judge of the said city court may be opened during the term at which said default is entered, upon the payment of the costs, or at the discretion of the said judge; and that after the expiration of the term at which the said default was entered, the said judge may open said default upon the same terms and conditions as may judges of the superior court of this State. Defaults, how opened

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SEC. 24. Be it further enacted by the authority aforesaid, That the said city court of Fitzgerald shall be a court of record and shall have a seal; and such records and files as are required by law to be kept for the superior court shall be kept in and for said city court and in the same manner; and all laws applicable to the duties of the clerk and sheriff of said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 25. Be it further enacted by the authority aforesaid, That the judge of the city court aforesaid shall have the power to enforce the orders, to preserve order, to punish for contempt, and to enforce all of his judgments, as is vested by law in the judges of the superior court in this State. Contempt. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the city court of Fitzgerald, to prepare and file in his office a complete copy of the traverse jury list of the superior court of Ben Hill 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 them in a box to be prepared for the purpose, from which shall be drawn sixteen traverse jurors in the manner as now required by law in superior courts. All laws with reference to drawing and selection and summoning traverse and tales jurors in the superior court shall apply to the city court; except that the sheriff shall be paid five dollars for summoning said jurors. All exceptions from jury duty now of force in the county of Ben Hill shall apply to and be of effect in said city court. Jury list and box. SEC. 27. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, impaneling, finding and challenging jurors now in force in this State, or hereinafter 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. 28. Be it further enacted by the authority aforesaid, That the sixteen jurors drawn and summoned as above provided shall be impaneled; and in all cases, civil or criminal, trial by a jury of twelve may be waived; and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes; and in criminal cases the defendant shall have five strikes

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and the State shall have three strikes; eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case may, by consent, agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case, or defendant in a criminal case, declines to waive trial by a jury of twelve, then, in 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 each panel. The jurors, those drawn on the regular panel, and likewise the talesmen, which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of two dollars per day while serving as jurors in said court, the same to be paid under the rules governing the payment of superior court jurors. Juries, how selected. Per diem of Jurors. SEC. 29. Be it further enacted by the authority aforesaid, That the sheriff of said court is authorized with the approval of the judge to appoint at each term of said court not exceeding two bailiffs as officers of said court, who shall receive for said services two dollars per day, the same to be paid under the rules governing the payment for like services in the superior court. Bailiffs. SEC. 30. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury; except when the accused, in writing, shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused may not thereafter have the right to recall such waiver, except in the discretion of the court. If upon the trial of any case it shall appear to the judge that the evidence makes a case of felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Trials in criminal cases. SEC. 31. 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 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 Ben Hill county. All the proceedings after accusation shall conform to the rules governing like cases in the superior court, except there shall be no jury trial, unless demanded by the accused as hereinbefore provided. In all cases tried, the accusation shall set [Illegible Text]

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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 and indictment. 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 Ben Hill 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 said cases shall be entered on the minutes of both of said courts. Transfer of criminal cases by Superior Court. SEC. 33. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace and notaries public of Ben Hill county to bind over to said city court all persons charged with offenses committed within the limits of Ben Hill county, over which said city court has jurisdiction, there to answer for said offenses. Appealance bonds. SEC. 34. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said city court to the Supreme Court of the State, or the Court of Appeals of the State, upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error, and filing a bill of exceptions in the superior court of this State. Writs of error. SEC. 35. Be it further enacted by the authority aforesaid, That in all cases in said city court, the same powers and rights as to waivers, pleadings or procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules as to parties in the superior courts of said State. Rules of practice. SEC. 36. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the superior 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 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, unless the time is extended for good cause shown in the discretion of the judge of said court.

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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, co-partners, or joint trespassers, in which any one or more reside in the county of Ben Hill, may be brought in said court, whether its jurisdiction is already stated, under the same rules and regulations governing said cases in the superior court, mutatis mutandis as to copies, second originals, return, and other matters connected with the suits. Suits against joint defendants. SEC. 38. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuances, motions, pleas and practices, shall be applicable to the said city court, and shall obtain therein. Rules of practice. SEC. 39. Be it further enacted by the authority aforesaid, 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 not filed within twenty days they shall be made returnable to the next term thereafter. The service of process shall be at least fifteen days before the return term, and all suits shall stand for trial at the second term as in the superior court, the first term being the appearance or return term; provided, however, that in all suits where the amount of the principal claimed does not exceed one hundred dollars, the said suit shall stand for trial at the first term, unless continued for good cause shown; and provided further, that all such suits for amounts not exceeding one hundred dollars as aforesaid shall be filed fifteen days before the term of court to which they are returnable, and served ten days before that term; and provided further, that judgment shall be entered at the first term in all undefended suits, and in all suits where a defense under oath is not filed at the first term, and in all suits where a plea is filed and stricken. All laws and rules that are now, or may hereafter be, in force in the superior courts of the State, in regard to appearance and pleading, calling the appearance docket, services, motions, waivers, acknowledgments, pleadings, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, demurrers, amendments, pleas, procedure and practice, legal remedies, the production of books, papers, etc., and the evidence, shall appertain in said court; except as otherwise provided for in this Act. Return days, etc. SEC. 40. Be it further enacted by the authority aforesaid,

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That whenever the judge of said city court is, from any cause, disqualified from presiding, and the judge of a superior court can not, from any cause, preside in said court as provided for in the Constitution, then, upon consent of parties in any civil case, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. Judge, pro hac vice. SEC. 41. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of the 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 by Clerk. SEC. 42. Be it further enacted by the authority aforesaid, That the judge of the city court of Fitzgerald is hereby authorized to turn over to the proper authorities of the county of Ben Hill the convicts of said city court, to be by them treated and used as are the other misdemeanor convicts from the superior courts of said State; and in the event that the county authorities of Ben Hill county should not desire to use the convicts as aforesaid, the judge of the said city court is hereby authorized to turn said convicts over to the city of Fitzgerald, said county, to be worked upon the chaingang of said city and on the streets, roads and public works thereof; and in the event that neither the authorities of Ben Hill county aforesaid nor the city of Fitzgerald aforesaid should desire to use the said convicts as hereinbefore provided, the judge of said city court shall have power and authority to hire the convicts of said city court, under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State; and the money derived from such hire, shall constitute a part of the insolvent fund of said court, and shall be paid into the county treasury of Ben Hill county as hereinafter provided for the payment of fines and forfeitures accruing in said court to the treasurer of said county. Convicts, disposition of. SEC. 43. Be it further enacted by the authority aforesaid, That all fines, forfeitures, and convict hire, arising from cases tried in the said city court shall be collected by the solicitor of said court, and paid to the county treasurer of Ben Hill county, who shall keep a separate account of the same; and the said treasurer shall pay to the several officers their costs in each particular case according to the order of the city court judge, which said order shall be drawn by the clerk of the said city court and signed by him, and countersigned by the said city court judge;

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provided, that in each criminal case where the defendant is convicted and is turned over to the county authorities of Ben Hill county, or to the city authorities of the city of Fitzgerald to work on the public works of said county, or the said city as hereinbefore provided, the said county, or the said city, as the case may be, shall pay to all the officers of said court, and also to all the various justices of the peace and constables of said county, their entire costs in each of said cases, which shall be paid by the county treasurer of Ben Hill county, or by the treasurer of said city, as the circumstances may require, upon the orders of the judge of said city court, which shall be drawn and signed as hereinbefore provided for the drawing and signing of orders upon the treasurer of said county; provided, however, that in all cases transferred from the superior court of Ben Hill county to the said city court the solicitor of the superior court shall be entitled to such solicitor's costs as shall have accrued on bills of indictment or special presentment up to the time of the transfer; which said sums shall be likewise paid by the treasurer of Ben Hill county out of sums in his hands arising from fines, forfeitures and convict hire from said city court, upon the order of the city court judge as aforesaid. Fines, forfeitures and convict hire. SEC. 44. Be it further enacted by the authority aforesaid, That the solicitor of said court shall make monthly settlements on the first Monday in each month with the county treasurer of all sums coming into his hands by virtue of his office, and which he shall be required to pay over to the said county treasurer under this Act. SEC. 45. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues, or other proper officers of the county of Ben Hill, shall provide for the necessary books for keeping the dockets, minutes and records of said court, and the necessary books to be kept and used by each of the officers thereof, and shall provide a suitable place for the holding of said court in the city of Fitzgerald. Court room record books, etc. SEC. 46. Be it further enacted by the authority aforesaid, That the judge and solicitor of said court shall make and file with the grand jury of Ben Hill county at the spring term of the superior court of said county a full and complete report of all criminal matters disposed of in said court, showing the final disposition of said case, the amount and disposition of the fine, forfeitures, and convict hire collected, the amount and disposition of costs collected, and the said city court judge shall place before the grand jury of said county the minutes, record, and

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dockets of said city court for inspection by the said grand jury; and a failure on the part of said judge or solicitor to comply with any of the requirements of this section shall subject the said judge or the said solicitor to be summarily removed from office by the Governor, upon the recommendation by the grand jury of said county. Reports by Judge and Solicitor to grand juries. SEC. 47. Be it further enacted by the authority aforesaid, That if the defendant in any criminal case shall have given bail for his or her appearance at a time when the said city court is not in regular term, or when jurors are not in attendance upon said city court, the said court shall proceed to forfeit said bail in the manner now provided by law. The rule nisi and scire facias to be made returnable to the next regular term of said court; provided, that said term of the court shall not be held within twenty days, in which event they shall be returnable to the next succeeding term. If at the term the rule nisi and scire facias are returnable, no answer has been filed, the rule shall be made absolute and judgment rendered for the amount of the bail. Appearance bonds. SEC. 48. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said city court of Fitzgerald appointed by the judge thereof, and all civil cases in said court, where the amount involved shall be more than one hundred dollars, shall be reported at the request of either the plaintiff or the defendant, and the fees for reporting such cases shall be the same as are allowed for similar services in the superior court, to be paid by plaintiff and defendant equally. And in all criminal cases tried in said city court the defendant shall, upon request, have the right to enforce the collection of said fees as do the stenographers in the superior courts of said State. Stenographer. SEC. 49. Be it further enacted by the authority aforesaid, That in all cases, civil and criminal, now pending and undisposed of in the city court of Fitzgerald, as established by an Act approved August 22, 1905, shall be, and are, hereby transferred, dockets and papers of all kinds, to the city court of Fitzgerald, as established by this Act, and shall be tried and disposed of as they now stand upon the dockets of said former city court, and in the order they would have been disposed of had they not been transferred. All final or other processes now in the hands of the clerk, sheriff or his deputy, which are made returnable to the city court of Fitzgerald, under the Act approved August 22, 1905, shall be returnable to the city court of Fitzgerald, established by this Act, as well as any other process, subp[oelig]na, summons,

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rule nisi, or scire facias, in any case; which for any cause remains undisposed of. All jurors, witnesses and parties required by summons, subp[oelig]na, or other process to be and appear, serve and answer, at the August term, 1907, or any previous term of said city court of Fitzgerald, as established by the Act approved August 22, 1905, is hereby required to be and appear, serve and answer, in lieu thereof, to the September term, 1907, of the city court of Fitzgerald as established under this Act. All the records, books and papers, disposed of and on file in the city court of Fitzgerald as established by the Acts of August 22, 1905, as well as all fi. fas., or other processes not satisfied, and now in the hands of the clerk, sheriff or his deputies, or other proper officers, shall be filed and deposited with the proper officers of the city court of Fitzgerald, as established under this Act; and shall be, by said officers legally executed and disposed of, as if issued by the proper officers of this court, established under this Act, as in other cases. Business and records of former City Court transferred Sec. 50. Be it further 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 22, 1907. FITZGERALD, CITY COURT OF ABOLISHED. No. 143. An Act to reepal an Act entitled an Act to establish the city court of Fitzgerald, in the city of Fitzgerald, Irwin county, Georgia; to define its jurisdiction and powers; to regulate proceedings therein, and for other purposes, approved August 22, 1905, and to abolish said city court, and to provide when this Act shall go into effect, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Fitzgerald created and organized under and by virtue of an Act entitled an Act to establish the city court of Fitzgerald in the city of Fitzgerald, Irwin county, Georgia; to define its jurisdiction and powers; to regulate proceedings therein, and for other purposes, approved August 22, 1905, be, and the same is, hereby abolished, and said

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Act is hereby repealed upon the passage of an Act provided for in the next section of this Act. City Court of Fitzgerald abolished. SEC. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into force and effect and become law until the passage and approval by the Governor of an Act to establish the city court of Fitzgerald, in the city of Fitzgerald, in and for the county of Ben Hill; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers and duties of the judge and other officers thereof, and for other purposes, now being acted upon by the General Assembly of the State of Georgia, at its summer session for the year 1907. SEC. 3. 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 22, 1907. FLOVILLA, CITY COURT OF ESTABLISHED. No. 165. An Act to establish the city court of Flovilla, in the city of Flovilla, in the county of Butts; 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 Flovilla be, and the same is, hereby established, to be organized, located and held in the city of Flovilla, in Butts county, Georgia, with jurisdiction civil and criminal in and over said city of Flovilla, and all that portion of Butts county lying in the 614th district, Georgia Militia, of said county; provided, said court may be abolished at any time at an election called should two-thirds of the qualified voters of said district vote therefor. City Court of Flovilla established SEC. 2. Be it further enacted by the authority aforesaid, That said city court of Flovilla 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

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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 law or by statute, including among others attachments, garnishments, proceedings, illegalities, proceedings against intruders, or against tenants holding over, partition of personalty, trover suits, actions for the recovery of personal property, or for the conversion thereof, distress warrants and issues upon same, counter-affidavits to any proceedings from said court, foreclosures of liens and mortgages upon personal property, statutory awards, claims to personal property, habeas corpus, possessory warrants and dispossessory warrants and proceedings upon same, but in all cases brought in said court in sums of one hundred dollars, or less, the plaintiff shall recover only justice court cost, except in those cases over which exclusive jurisdiction is vested in the superior court by the Constitution and laws of this State. Jurisdiction in civil cases. SEC. 3. Be it further enacted by the authority aforesaid, That said city court of Flovilla shall have jurisdiction to try and dispose of all criminal cases where the offender is not subject to loss of life or confinement in the penitentiary where said offense is committed within the 614th district, G. M., and it shall be the duty of the justices of the peace of Butts county, and all other committing officers, to bind over all offenders to said city court, of which said court has jurisdiction. Jurisdiction in criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a judge and solicitor of said city court of Flovilla who shall each hold their respective offices for the term of two years, and until their successors are elected and qualified respectively. Said 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 fifty dollars per year, for his services in criminal cases. For his services in all civil cases he shall be allowed the usual costs allowed judges of the county courts in this State to be taxed against the losing party in said court. Said salary for services in criminal cases shall be paid out of the treasury of the city of Flovilla, and the mayor and council of said city is hereby authorized so to do. The judge of said court shall be ex-officio clerk of the [Illegible Text]

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and for services performed as clerk, such as issuing subp[oelig]nas and recording suits, shall receive the usual compensation paid to the clerk of the superior court, but in all criminal cases all costs allowed him shall be collected and paid over to the treasurer of the city of Flovilla. Said judge shall be at least thirty years of age and a bona fide resident of the 614th district, G. M., Butts county, Georgia, for two years previous to his election and shall be elected by the qualified voters of said 614th district, G. M. The first election under this Act shall be held on the second Saturday in September, 1907, and every two years thereafter on the same date. The polls shall open at nine o'clock a. m., and close at three p. m., and the election may be held by a justice of the peace and two freeholders, or any three freeholders qualified to vote in said election. Said managers shall certify the results of said election to the mayor and council, who shall declare the result of said election to the Executive Department, and the person so elected shall be commissioned by the Governor. When any vacancy shall occur the mayor and council shall call an election to fill the same and give ten days' notice thereof by posting one or more notices calling attention to the time and place of election. The judge shall take the oath prescribed for the judges of the superior courts, which oath shall be filed in the Executive Department of the State. Judge and Solicitor. Powers of Judge. Compensation of Judge. Qualifications of Judge. Election of Judge. Oath of Judge. SEC. 5. Be it further enacted by the authority aforesaid, That the solicitor of said court shall be a citizen of Butts county, and shall be elected by the people of said district. The solicitor must be a practicing attorney and in good standing, and shall be elected at the same time and place when the first election is held for judge, and shall also be commissioned by the Governor. Before entering upon his duties of office he shall take an oath to support and defend the Constitution of the State of Georgia and of the United States and to faithfully and impartially discharge the duties of solicitor of the city court of Flovilla. Upon the death, removal or resignation of the solicitor, the mayor and council may appoint a solicitor pro tem. until the next election or call an election as is prescribed for the judge of this court. Solicitor, election and oath. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the solicitor to represent the State in all cases in said court, and in all cases arising in said court which may be carried to the superior court or the Supreme Court, in which the State is a party and generally to perform in said court the duties usually performed by the solicitor-general. In case the solicitor can not at any time attend to the duties of his office

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the judge shall appoint any competent attorney solicitor pro tem. For services in said court he shall be paid the usual fees allowed solicitors-general in misdemeanor cases, and for services in the Supreme Court he shall be paid the same fees allowed solicitors-general on warrant drawn by the Governor on the treasury of said State. Duties and fees of Solicitor. SEC. 7. Be it further enacted by the authority aforesaid, That the sheriff of Butts county shall be ex-officio sheriff of this court, and he may with the consent and approval of the judge appoint a deputy to serve said court for whose acts the sheriff and his bondsmen shall be liable. Sheriff. SEC. 8. The compensation of said sheriff shall be made up entirely of fees which they are hereby authorized to collect and tax as costs and have judgment therefor. Fees of Sheriff For serving copy process and returning original $1 00 For summons each witness 35 For attending court, each judgment rendered with or with-out a jury 50 For each levy 1 00 For each nulla bona 50 For summoning jury to try nuisance 1 00 For taking bond civil case 50 For settling execution without sale 50 For taking bond criminal case 1 00 For executing process against tenant holding over or intruder 1 75 For taking and returning counter-affidavit against tenant holding over or intruder 1 00 For keeping horse or mule per day 35 For executing a criminal warrant 2 00 Executing search warrant 1 00 For each and every other service he shall be allowed the usual fee bill for sheriffs except he shall not be allowed a per diem for attending court, or for summoning the juries in said court. SEC. 9. Be it further enacted by the authority aforesaid, That said court shall be a court of record and shall have a seal, and the minutes, records and dockets required by law to be kept in the superior court shall be kept in and for said city court in the same manner, and the judge 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 court, except in criminal cases his costs shall be collected and paid over to the treasurer of the city of Flovilla. Court of record.

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SEC. 10. Be it further enacted by the authority aforesaid, That the terms of said city court shall be held every two months for the trial of civil and criminal business, either or both in such order as the judge may direct, said terms to be held on the second Mondays in February, April, June, August, October and December of each year. The sessions of said court shall be held in said city of Flovilla. The judge may draw juries for said court whenever they may, in his discretion, be required, and he may in his discretion hold adjourned and special terms of said court and may likewise require the attendance of juries should he see fit. He may hold his court at any time for the transaction of criminal business which does not demand a jury, and for this purpose his court shall be open at all times. 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. 11. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as is herein provided, but the process or writs shall be annexed by the judge of said court, attested in the name of the judge thereof, and be directed to and served by the sheriff of Butts county, or his lawful deputies. Proceedings. SEC. 12. 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 causes of which said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party shall be entitled to a trial by jury by entering a demand therefor on or before the call of the appearance docket at the term to which said case is returnable. Jurisdiction in civil cases. SEC. 13. Be it further enacted by the authority aforesaid, That judgments obtained in said court shall have the same force and effect as judgments obtained in the superior courts, and all executions issued from said court shall be tested in the name of the judge and directed to the sheriff of Butts county, or his lawful deputies, and to all and singular the sheriffs and their deputies of said State. Judgments, how enforced. SEC. 14. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments applicable to superior courts of this State shall apply to said city court, as if said city court was named therein, so far as the nature of said city court will admit, and the judge of the city court may, or any justice of the peace or notary public may issue attachments and summons of garnishments returnable to said

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city court under the same laws that govern the issuance of attachments returnable to the superior courts. Attachments and garnishments. SEC. 15. Be it further enacted by the authority aforesaid, 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 deputy sheriff. Parties, how made. SEC. 16. Be it further enacted by the authority aforesaid, That 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 Butts, but when the garnishee shall reside in any other county, then he shall be summoned and served and make his return, and all other proceedings in the manner pointed out in the general laws of the State for non-resident garnishees; provided, the summons shall be returnable to the superior court of the county of the garnishee's residence, and further proceedings had in said superior court. Non-resident garnishees. SEC. 17. Be it further enacted by the authority aforesaid, That the judge of the city court of Flovilla shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants, attachments and garnishments, to attest deeds and any other paper or instrument which a justice of the peace is authorized to attest and to take affidavits anywhere in the State, and the judge, solicitor and sheriff, and his deputy shall have power to administer all oaths and to do any and all acts pertaining to their offices respectively, as such officers in 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 generally do all acts which judges of the superior courts are authorized and required to do, unless otherwise provided in this Act, and all laws applying to judges of the superior court are hereby applied to the judge of this court, so far as the same are applicable; for performing of the above and foregoing duties said judge shall be entitled to the same fees as the justice of the peace. Powers of Judge. SEC. 18. 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 and illegalities, arbitration, making parties, examination of parties or witnesses by interrogatories or under subp[oelig]na, witnesses

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and their attendance, continuances and other matters of a judicial nature within the jurisdiction of said court, shall be applicable to said city court. Pleadings and practice. SEC. 19. Be it further enacted by the authority aforesaid, That all judgments, sentences and proceedings of said city court, shall have the same binding effect as judgments, sentences and proceedings in the superior courts, and that all laws regulating the enforcement of judgments and sentences of the superior courts, both civil and criminal, shall apply to said city court and may be enforced by execution issued and signed by the judge and directed to the sheriff of Butts county and his lawful deputies, said sheriff being under this Act virtute officii sheriff of said city court, and said executions may be levied and sales made thereunder, according to the laws governing sales under executions from the superior court; provided, when personal property is levied upon the same may be sold after giving ten days' notice thereof by posting three advertisements in three public places in the territory over which the court has jurisdiction. Said sales shall be made in the city of Flovilla on the second Mondays of each month. And special sales of perishable property or property liable to deteriorate or expensive to keep may be made by the sheriff of said court under order from the judge thereof, under the usual rules and regulations governing such sale, as provided in the Code regulating such sales in the justice of the peace's courts in this State. All executions, attachments, scire facias, or other process or writs from said court, shall run throughout the State, and may be served or executed by any sheriff or his deputy of this State. Judgments, how enforced. SEC. 20. Be it further enacted by the authority aforesaid, That the judge of the city court shall have power to enforce his orders, to punish for contempt, to enforce his judgments and sentences under the same rules and laws as judges of the superior courts. Contempt. SEC. 21. Be it further enacted by the authority aforesaid, That all persons residing within the territorial jurisdiction of said city court liable to serve as grand or petit jurors in the superior court of said county shall be liable to serve as jurors in said city court, and said judge shall make a list of the names of said persons and keep them in a book. Should said judge desire a larger list of jurors than those residing in the said district whose names are in the jury-boxes of Butts county, he, together with one of the jury revisers of said county, may take a sufficient number from the voters' list of said district and place their names in the city court jury-box, and such persons shall

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be qualified to serve on the juries of said city court as other jurors are now qualified to serve. Jury list and box. SEC. 22. Be it further enacted by the authority aforesaid, That whenever said judge shall find it necessary to summon a jury for any term of said court he shall, ten days prior to the term of the court to which said jurors may be summoned, draw from the box which shall be numbered one, nine names, and write them on a list; he shall place said names in another box number two, which nine shall constitute the jury in said court. In all civil cases each party shall be entitled to two strikes, and in criminal cases the State shall be entitled to one strike and the defendant to three strikes, thus reducing the jury to five. Juries, how selected. SEC. 23. The judge shall write a summons for each juror and deliver the same to the sheriff or his deputy five days before the 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 three days before the term of said court, at which he is required to attend. Summons for jurors. SEC. 24. Be it further enacted by the authority aforesaid, That nine jurors shall be summoned, sworn and impaneled and, if by non-attendance or disqualification of any of said panel the same is not full, the judge shall direct that the same be filled with tales jurors, and each of the jurors impaneled and sworn shall receive the sum of one dollar per day to be paid as jurors are now paid in the superior courts. In all other respects the laws regulating qualifications, relations, exemptions, impaneling, challenging and fining of jurors shall be the same as that now of force in the superior courts of said State. Tales jurors. Per diem of jurors. SEC. 25. Be it further enacted by the authority aforesaid, That the defendants in criminal cases in said city court of Flovilla shall be tried on written accusation, setting forth the offense charged, founded on affidavit, and said accusation shall be signed by the prosecuting officer of said court, and the defendant shall not be entitled to indictment or presentation by the grand jury, but shall be tried on accusation as aforesaid, upon said accusation being filed with the judge of said court, supported by affidavit as aforesaid, he shall issue a warrant for the apprehension and arrest of the accused, directed to the sheriff of Butts county and his deputy, and all and singular the sheriffs and constables of this State. Accusation SEC. 26. Be it further enacted by the authority aforesaid, That when any criminal case is called in said court for trial, before arraignment of the defendant the judge shall inquire of

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the defendant whether he demands a jury, and the response of the defendant shall be entered on the accusation or indictment and signed by the prosecuting officer of said court. If the defendant demands a jury and there are none present impaneled or qualified to try him the court shall admit the defendant to bail to appear at the next regular term or on failure of the defendant to give bond shall commit him to jail to await the next regular term unless the court in his discretion shall sooner draw a special jury to try said case. If the defendant waives trial by a jury, then the judge of said court shall proceed to hear and determine said case without a jury. Both the State and the defendant shall be allowed a reasonable time to procure witnesses. Trials in criminal cases. SEC. 27. Be it further enacted by the authority aforesaid, That all petitions in said city court shall be filed and served at least ten days before the term to which they are returnable, and if filed within ten days they shall be made returnable to the succeeding term thereafter. All suits where the principal sum exceeds one hundred dollars ($100.00) shall stand for trial at the second term as in the superior court, but the first term shall be the trial term in all suits where the principal sum is one hundred dollars or less. All laws and rules that are now, or may hereafter be of force in the superior courts of this State in regard to appearance and pleading, calling the appearance docket, defaults and opening defaults, waivers, acknowledgments, pleadings, trials, conduct of cases, rules of evidence, answers, demurrers, amendments, pleading, procedure and practice, the introduction of book, papers, etc., shall obtain in said city court, unless otherwise provided in this Act. Trials in civil cases. SEC. 28. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promissors, co-partners or trespassers or joint tort feasors, in which any one or more resides within the jurisdiction of said court may be brought in the city court of Flovilla within its jurisdiction as already stated under the same rules and regulations governing said cases in the superior court, mutatis mutandis as to copies, record, originals, returns, and other matters connected with said suits. Suits against joint defendants. SEC. 29. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is from any cause disqualified from presiding a judge pro hac vice may be selected or appointed under the same rules governing in similar cases in the superior courts. Judge, pro hac vice. SEC. 30. Be it further enacted by the authority aforesaid,

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That said city court shall have jurisdiction in all cases sounding in tort where the cause of action originates anywhere in the county of Butts and the defendant is a resident and has an office or place of doing business in said 614th district, G. M., always provided the superior court has not the exclusive jurisdiction of the subject matter of said suit under the constitution of this State. Torts. SEC. 31. Be it further enacted by the authority aforesaid, That the judges and sheriff of said city court are hereby authorized to use the jail of the city of Flovilla or the common jail of Butts county either for the detention of the accused before 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 Butts; provided, the cost due for the keeping of prisoners shall be collected as are the costs of the officers of the court. In all cases of acquittal or where such cases are not collected which may be due to county, the same shall be a lien upon the fines and forfeitures arising in said court and shall share in the distribution of said fund in the same manner as the cost bill of the officers of said court, and when collected shall be paid over by the sheriff to the treasurer of Butts county. Detention of criminals. SEC. 32. Be it further enacted by the authority aforesaid, That the insolvent cost bills due the officers of said court and the justices of the peace when approved by the judge and entered upon the minutes of said court shall be a lien upon the fines and forfeitures arising in said court, and shall be paid out in the same manner as are like funds in the superior courts. Insolvent costs. SEC. 33. Be it further enacted by the authority aforesaid, That the sheriff shall collect all fines and forfeitures in said court and moneys due the county shall be paid into the treasury for general purposes, and all moneys due the city of Flovilla shall be paid into the city treasury for the general purposes of said city; moneys due the officers and justices of the peace shall be paid by the sheriff upon the order of the judge of said city court. Fines and forfeitures SEC. 34. Be it further enacted by the authority aforesaid, That in all criminal cases tried in said court, there shall be taxed as costs for the judge the sum of three dollars, which sum shall be collected as other costs in said court, and paid over to the treasurer of the city of Flovilla. Fee of Judge in criminal cases. SEC. 35. Be it further enacted by the authority aforesaid, That the county authorities of the county of Butts shall furnish said city court all necessary dockets, minute books and papers which said court shall need. Record books, etc.

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SEC. 36. Be it further enacted by the authority aforesaid, That the judge is authorized to hire out all convicts convicted in said court, and all moneys accruing from the hire of said convicts, or from fines and forfeitures in said court, after all the costs due in criminal cases in said court are paid, shall be paid over to the treasurer of the city of Flovilla. Said judge and the sheriff of said court shall each every six months account to said treasurer for all moneys coming into their hands from convict hire and fines and forfeitures. Convict hire, fines and forfeitures. SEC. 37. Be it further 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 22, 1907. FORT GAINES, CITY COURT OF ESTABLISHED. No. 296. An Act to establish the city court of Fort Gaines, in and for the county of Clay; to define its powers, jurisdiction, procedure and practice; to provide for a judge and solicitor and other officers of said court; to define their powers and duties and fix their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Fort Gaines, to be located in the city of Fort Gaines, in the county of Clay, State of Georgia, is hereby established and created with civil and criminal jurisdiction over the whole county of Clay, 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 Fort Gaines 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 Clay, where the offender is not subject to loss of life or confinement in the penitentiary; provided, that defendants in criminal cases shall have the right in any case to demand an indictment by the grand jury

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of Clay county. That the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but 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, proceeding against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosure of all liens and mortgages, except upon real estate, and quo warranto. City Court of Fort Gaines; jurisdiction SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Fort Gaines, 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 two 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 and practicing attorney and of good moral character, and shall be allowed to practice law in any of the courts of this State during his term of office except said city court of Fort Gaines, and for his services he shall receive $420.00 per annum, payable monthly out of the county treasury of said county of Clay. 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 Fort Gaines, 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. Judge; appointment, qualifications, salary and oath. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Fort Gaines, 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 two 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

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the duties as solicitor of the city court of Fort Gaines; so help me God. In the absence or disqualification of the solicitor of said city court the judge shall appoint a solicitor pro tem., who shall receive the same fees as the solicitor of said court. The fees of said solicitor of the city court of Fort Gaines shall be as follows: For each case tried and finally disposed of in said court founded upon accusation $10.00, this fee to be paid said solicitor in each case when the defendant pleads guilty as when there is a trial. Before entering upon the discharge of his office the said solicitor 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 five hundred 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. Solicitor; appointment, qualifications, oath, fees and bond. SEC. 4. Be it further enacted by the authority aforesaid, That the solicitor of said city court shall receive for his services in the Court of Appeals, 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 Court of Appeals. 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 Court of Appeals. Fees of Solicitor in Court of Appeals. SEC. 5. Be it further enacted by the authority aforesaid, That the solicitor of said city court of Fort Gaines shall represent the State in all criminal cases in said court, shall represent the State in all cases carried to the superior court by certiorari, and in cases carried direct to the Court of Appeals by writ of error. Solicitor in Superior Court and Court of Appeals. SEC. 6. Be it further enacted, That the judge of the said city court shall have power to cause testimony to be taken and used, de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have power, respectively, to administer oaths pertaining to their offices, respectively, as the judge and other officers of the superior court do in like cases. And said judge shall also have power to attest deeds, mortgages 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. He shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue possessory warrants, 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

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in this Act. And the judge of said 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. Powers of Judge. SEC. 7. Be it further enacted, That the clerk of the superior court of Clay county shall be the clerk of the city court of Fort Gaines, and he shall discharge all of the duties of said office. Clerk. SEC. 8. Be it further enacted, That the sheriff of Clay county shall be ex-officio sheriff of the said city court of Fort Gaines. 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 one thousand dollars, for the faithful discharge 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 Clay county, shall attach to the office of clerk and sheriff of the city court of Fort Gaines, respectively, and the judge of said 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. Duties and liabilities of Clerk and Sheriff. SEC. 9. 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, one dollar and a half, which shall include his whole fees. In all civil cases he shall be allowed, where suits are for $500.00 or less for filing, declaration, and docketing case, twenty-five cents: for issuing process and making copy, one dollar; each additional copy, fifty cents, each subp[oelig]na, ten cents; subp[oelig]na duces tecum, fifteen cents; each commission to take testimony, twenty-five cents; recording judgment proceedings, twenty-five cents; each claim case, seventy-five cents; issuing and docketing fi. fa., thirty-five cents; each lien foreclosure, one dollar; filing proceeding in possessory warrants, one dollar; docketing distress warrants or other warrants not provided for, twenty-five 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. Fees of Clerk.

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SEC. 10. Be it further enacted, That the sheriff of said court shall be allowed as cost in criminal cases the same fees as are allowed him for said service in the superior court. In civil cases where the amount claimed exceeds one hundred dollars, the same fees that are allowed sheriffs in 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 service 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 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. 11. Be it further enacted, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same, in the manner and with the same power as the judges of the superior courts of this State. Writs of habeas corpus. SEC. 12. Be it further enacted, That there shall be held on the second Monday 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 impaneled. The judge of said city court of Fort Gaines 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. 13. Be it further enacted, 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 on the second Monday in November. 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 such case at such appearance term, no issuable defense has been filed under oath, the plaintiff shall be entitled at said

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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 court shall be held in the court-house where the superior court for Clay county is held in the city of Fort Gaines. 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 do not require a jury, as speedily as possible, consistent with the interest of the State and the accused. Quarterly erms. SEC. 14. Be it further enacted by the authority aforesaid, That suits in said city court shall, in all respects, be conformable to the mode of proceeding in the superior courts of this 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 Fort Gaines, 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. 15. 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 especially 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. Pleading and practice. SEC. 16. 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. Trials. SEC. 17. 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 courts are, but property exempt from levy and sale under the laws of this State shall

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be exempt from levy and sale under the process of said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk, directed to the sheriff and his deputies of the city court of Fort Gaines and to all and singular the sheriffs and their deputies of the superior and city courts of this State. Judgments and executions. SEC. 18. Be it further enacted by the authority aforesaid, That said city court of Fort Gaines shall have jurisdiction of all claim cases where personal property is levied upon under executions or other process from said city court, and such claims shall be tried in the same manner as claims in the superior court. Claims to personality. SEC. 19. 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, where such real property is situated, and shall there be tried as other claims in the superior court. Claims to realty. SEC. 20. Be it further enacted by the authority aforesaid, That all the 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 Fort Gaines, 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 Fort Gaines, 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 may issue attachments returnable to the city court of Fort Gaines under the same laws that govern the issuance of attachments returnable to the superior courts of this State. Attachments and garnishments. SEC. 21. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings, and proceeding on distress warrants, proceedings on foreclosure of mortgages on personalty and foreclosure of landlord's lien for supplies, possessory warrants in said city court shall be conformable to the laws of the State on the subject in the superior court. Distress warrants, etc. SEC. 22. 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. 23. Be it further enacted by the authority aforesaid, That said city court of Fort Gaines 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

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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 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. 25. Be it further enacted by the authority aforesaid, 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 shall be had thereunder, under the same rules and laws regulating the same in the superior court, except sales made under executions or other process from the monthly term of said city court may be made after advertising the property ten days before the courthouse door and at two other public places in Clay county; provided, that all levies upon land shall proceed in the same way as are usual in like cases in the superior courts. All bonds returnable to the superior courts 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. Judgments how enforced. Appearance bonds SEC. 26. 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 Clay, may be brought in said court within its jurisdiction as already stated, under the rules and regulations governing such cases in the superior court as to copies, second originals, returns and other matters connected with the suit. Suits against joint defendants. SEC. 27. Be it further enacted by the authority aforesaid, That it shall be the duty of the justices of the peace and the notaries public of Clay county to bind over to said city court all persons charged with offenses committed within the limits of Clay county over which said city court has jurisdiction. Appearance bonds. SEC. 28. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Fort Gaines to prepare and file in his office a complete copy of the jury lists of the superior court of Clay county as provided from time to time for said superior court. From said copy so made

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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 session in the months of February, May, August and November, no jurors shall be drawn, but the jurors drawn for said monthly session falling on the same day as said quarterly session shall serve as jurors for both monthly and quarterly sessions at said terms. All laws with reference to the drawing and summoning traverse and tales jurors in the superior courts shall apply to the said city court. All exemptions from jury duty now in force in the county of Clay 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 and box. Jurors, how selected and summoned. SEC. 29. 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. Jurors. SEC. 30. 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 shall be had in said court when so demanded; the defendant being entitled to four strikes, and the State two strikes from said panel. In civil cases each side shall have three strikes. 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. Per diem of jurors. SEC. 31. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof, without a jury, except when the accused 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 cause, it

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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. 32. 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 have the right to demand an indictment by the grand jury of Clay 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, which must be drawn by the solicitor of said city court, 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. Accusations. SEC. 33. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Clay county of 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. Transfers from Superior Court. SEC. 34. Be it further enacted by the authority aforesaid, 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. 35. Be it further enacted by the authority aforesaid, That the judge of said city court is authorized, if necessary, to appoint at each term of said court not exceeding two bailiffs as officers of said court. Bailiffs. SEC. 36. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said city court to the Court of Appeals of this State upon a bill of exceptions filed

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under the same rules and regulations as govern and control in issuing of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error. SEC. 37. Be it further enacted by the authority aforesaid, That when the judge of said city court is absent, disabled, or disqualified from the presiding, the judge of the superior court may preside in his stead, or upon the consent of the parties or upon their failure or refusal to agree, any case shall be tried by a judge pro hac vice, selected in the same manner as now provided in the superior courts, or any judge of the superior court or of any other city court in this State may preside in said city court of Fort Gaines in any and all cases, whether said judge of the city court of Fort Gaines is disqualified or not. Judge, pro hac vice. SEC. 38. Be it further enacted by the authority aforesaid, That the judge of said city court of Fort Gaines shall distribute the money arising from fines and forfeitures and the hire of convicts to the cost due the officers of said court, including justices of the peace and constables, and to the jury fees, the money arising from each conviction first to be applied to the cost in that case and to the payment of insolvent costs and the remainder must be paid into the county treasury for general purposes. 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 shall be paid to said judge equal in amount to the highest offer made for the hire of said convicts 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 chaingang. Fines, forfeitures and convict hire. SEC. 39. 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 chaingang 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. 40. Be it further enacted by the authority aforesaid, That on the first day of each month or as soon after as practicable, it shall be the duty of the sheriff, the clerk and the solicitor to make out a bill for all costs due to each one of them during the past month, and present the same for the approval of the judge, and when approved, the same shall be entered upon the

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minutes of said court and no costs shall be paid to the sheriff, clerk and solicitor except the bill for same has been approved and recorded on the minutes. Costs. SEC. 41. Be it further 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 22, 1907. GRIFFIN, CITY COURT OF, ELECTION OF JUDGE, SOLICITOR, ETC. No. 125. An Act to amend an Act entitled an Act to establish the city court of Griffin in Spalding county, approved December 14, 1897, and the Act amendatory thereof approved December 17, 1900, as follows: First. By providing for the election of the judge of said court by the qualified voters of Spalding county and providing for an increase in the salary of the said judge. Second. By providing for the election of the solicitor of the city court of Griffin by the qualified voters of said county of Spalding; by providing for the collection of fees of the solicitor of the city court of Griffin and the payment of the salary of the said solicitor and the disposition of the fees aforesaid. SECTION 1. Be it further by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 3 of an Act to establish the city court of Griffin, in Spalding county, approved December 14, 1897, be, and the same is, hereby stricken and repealed and the following be, and the same is, hereby substituted and enacted in lieu thereof, to wit: City Court of Griffin. SEC. 3. Be it further enacted by authority of the same, That there shall be a judge of the city court of Griffin, who shall be elected by the qualified voters of the county of Spalding and whose term of office shall be four years, and all vacancies in the said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under the provisions of this Act shall be at the same time and place and under all the rules and regulations provided

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for the election of county officers of Spalding county, in October, 1908, and shall be for a term of years beginning January 1, 1909. Subsequent elections shall be held at intervals of four years from date of this first election. The judge of the city court of Griffin shall receive a salary of fourteen hundred dollars per annum, which shall not be increased or diminished during his term of office and which shall be paid monthly on the receipt of said judge out of the treasury of Spalding county. And it shall be the duty of the county commissioners of roads and revenues of said county to make provision for this purpose in levying county taxes. Judge, election, [Illegible Text] of office and salary. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 of the original Act to establish a city court of Griffin, in Spalding county, approved December 14, 1897, be amended by striking and repealing from said section 4 in lines two, three, five and seven the words appointed and appointment and the same are hereby stricken and repealed, and inserting and enacting in lieu thereof the words elected and election and the same are hereby inserted and enacted, so that said section when so amended shall read as follows, to wit: Sec. 4. Be it further enacted by the authority aforesaid, That any person who shall be elected judge of said court, must at the time of said election, be at least twenty-seven years of age; he must have been a resident of Spalding county at least four years immediately preceding his election, and must also have been a practicing attorney at least five years before his election, and before entering upon the discharge of the duties of his office must take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons and do equal rights to the poor and the rich and that I will faithfully and impartially discharge and perform all duties which may be required of me as judge of the city court of Griffin according to the best of my ability and understanding according to the laws and Constitution of this State and the United States; so help me God. And said oath shall be forwarded to the Governor and filed in the Executive Department. The judge of the city court of Griffin shall not be allowed to practice law in any court in Spalding county. Judge, qualifications and oath. SEC. 3. Be it further enacted by the authority aforesaid, That section 5 of the original Act, approved December 14, 1897, as amended by the aforesaid Act, approved December 17, 1900, be, and the same is, hereby stricken and repealed and the following

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section is hereby substituted and enacted in lieu and instead thereof: Sec. 5. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the said city court of Griffin to be elected by the qualified voters of the county of Spalding whose term of office shall be two years and all vacancies in said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under the provisions of this Act shall be held at the same time and place and under all the rules and regulations provided for election of county officers of Spalding in October, 1908, and shall be for a term beginning January 1, 1909. Subsequent elections at intervals of two years from the date of the first election at the regular election for county officers. Any person to be eligible to the position of solicitor of the city court of Griffin must have reached the age of twenty-five years, must have practiced law at least three years and must have been a citizen of Spalding county at least three years. The said solicitor shall receive for each written accusation the same fees that are allowed to a solicitor-general for each indictment in the superior courts, and his fee for all other services rendered shall be the same as are allowed a solicitor-general of the superior court and for his services in the Supreme Court he shall be paid out of the treasury of the State in the same manner as the solicitor of the superior courts is paid for like services; provided, that at the end of each term of the city court of Griffin the solicitor of the said court shall collect the full amount of his fees at the distribution of the same by the judge of the city court and pay over the same into the treasury of the county of Spalding, and at all times he shall collect and pay over into the treasury of said county all the money he receives under this fee system. For all of his services the said solicitor shall receive a salary of fourteen hundred dollars per annum which shall be paid him monthly out of the treasury of Spalding county on the receipt of said solicitor of the city court of Griffin, and said salary shall not be increased or diminished during his term of office and his salary shall be his only compensation for the services rendered by the said solicitor of the city court of Griffin. Before entering upon the duties of his office the said solicitor shall give bond payable to the Governor of Georgia and his successors in office with good security, to be approved by the judge of said court, in the sum of two thousand dollars, conditioned to account for money which may come into his hands as solicitor, and for the faithful discharge

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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 duty as solicitor of the city court of Griffin; so help me God. Said bond and oath shall be entered on the minutes of the court by the clerk of the city court of Griffin and may be sued on by any person interested. In case of his absence or disqualification to act in any case, the court shall have power to appoint a solicitor pro tem. Solicitor, election, qualifications, term of office, bond, salary and oath. SEC. 4. Be it further enacted by the authority aforesaid, That the solicitor of the city court of Griffin shall collect at the distribution of the fines and forfeitures provided for in section 32 of the original Act creating this court all of the money which the solicitor is entitled to under said distribution and turn said money over to the county treasurer of Spalding. It is hereby enacted, however, that the present solicitor of the city court of Griffin shall not be entitled to collect any insolvent costs out of any funds which may come into court after January 1, 1909, until after the solicitor elected under this Act and his successors shall have collected out of the funds brought in court during their respective terms, all the costs, solvent or insolvent, to which they may be entitled. Fines and forfeitures. SEC. 5. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. McRAE, CITY COURT OF, JUDGE'S SALARY. No. 135. An Act to amend an Act entitled an Act to establish the city court of McRae, in the city of McRae, and for the county of Telfair; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, approved August 3, 1905, so as to decrease the judge's salary from one thousand dollars to eight hundred dollars. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of same, That section 2 of said Act be amended by striking therefrom, in line ten, the words one thousand dollars and inserting in lieu thereof the words eight hundred dollars, so that the salary of the judge shall be eight hundred dollars. City Court of McRae. 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 22, 1907. MILLEN, CITY COURT OF ESTABLISHED. No. 174. An Act to establish the city court of Millen, in and for the county of Jenkins; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor and other officers thereof; to provide for their compensation; to define their duties and powers; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city court, in the county of Jenkins, is hereby established and created, with civil and crminal jurisdiction over the whole county of Jenkins, concurrent with the superior court to try and dispose of all civil cases of whatever nature, except those of which the Constitution of the State has given the superior court exclusive jurisdiction; provided, however, that in all suits brought in said court in sums of twenty-five dollars or less, the plaintiff shall only receive justice court costs; 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, garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosures of all liens and mortgages on personalty, and quo warrantos. City Court of Millen, jurisdiction of civil cases.

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SEC. 2. Be it further enacted by the authority aforesaid, That said city court of Millen shall have jurisdiction to try and dispose of all criminal offenses below the grade of felony, committed in said county of Jenkins. Jurisdiction in criminal cases. SEC. 3. 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 of the State under the same rules as now govern the appointing of such officers. All vacancies shall be filled in like manner. The judge of the said city court of Millen shall receive a salary of seventy-five dollars per month which may be increased not exceeding one hundred dollars per month upon the recommendation of a grand jury of said county of Jenkins, the same to take effect immediately upon such a recommendation, and it shall be paid monthly by the treasurer of the county of Jenkins 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 and salary. SEC. 4. 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 twenty-seven years of age, a resident of Jenkins county for one year immediately preceding the appointment, and must have practiced law continuously for five 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 the rich and that I will faithfully and impartially perform and discharge all the duties which may be required of me as the judge of the city court of Millen, 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 of the State. Judge, qualifications and oath. SEC. 5. 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 writs of habeas corpus and hear and dispose of same writ, same power as judges of the superior courts, to issue distress warrants and to pass upon all issues arising therefrom 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

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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 of Georgia 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 apply except as herein provided. Powers of Judge. SEC. 6. 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 city court has jurisdiction, and to give judgment and execution therein; provided, however, 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 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. 7. 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 Millen 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. Judge may preside in other courts. SEC. 8. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the city court of Millen, who shall be appointed by the Governor of the State, by and with the advice and consent of the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired

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term, and should a vacancy occur when the Senate shall not be in session, the Governor shall fill such vacancy by appointment, which appointment shall be submitted to the Senate at its next session thereafter. No person shall be eligible to the solicitor's office of said city court unless at the time of his appointment he shall have arrived at the age of twenty-seven years, shall have been a resident of Jenkins county for one year and a practicing attorney for five years next preceding his appointment. Solicitor, appointment and qualifications. 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 the Supreme Court from said city court to which the State shall be a party, and shall perform therein such other duties as usually appertain to this office. In case the solicitor of said city court 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 for his services 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 like services in the superior courts and in the Supreme Courts and while not required to do so he may appear and represent the State in all preliminary hearings in criminal cases. Duties and fees of 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 and Court of Appeals 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 and Court of Appeals. 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 upon the duties of his office take and subscribe an oath before the judge of said city court to faithfully and impartially discharge the duties of his office; he shall, also, before entering upon 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 the 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

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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. Clerk, appointment, oath and bond. SEC. 12. Be it further enacted by the authority aforesaid, That the judge of said city court shall appoint a sheriff of said city court to serve all writs, processes, orders and papers issued from said city court, and the person so appointed in his connection with said city court officially shall be known as the sheriff of the city court of Millen. Before entering on the discharge of the duties of his office he shall take and subscribe an oath to faithfully and impartially discharge the 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 Jenkins 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 clerks of the superior court and to the office of sheriff of said county, shall be attached to the office of clerk of the city court of Millen, and to the office of sheriff of the city court of Millen, respectively, and the judge of said city court of Millen is empowered to exercise 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 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 it, 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 sheriffs of the city court receives. Sheriff, appointment, oath and bond. 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 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

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dollars in value is involved may be returnable to the monthly sessions of said city 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 at least ten days before the said term. All other cases and proceedings must be brought to the quarterly terms and stand for trial at the first or second term, as similar 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 courts; that scrie facias to make parties in any cause in said city court shall be had as in 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, 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 persons interested, without reference to who are the original parties or what the nature of the proceedings. Parties may make defense on all grounds, whether legal or equitable. Pleadings and practice. SEC. 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 third Monday in each month and the quarterly terms to be held on the third Mondays in March, June, September and December; provided, that the officers of said court may, from time to time change the times of holding said court, after advertising such change one time in the newspaper in which the sheriff's sales are published; the term of said court shall last until 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 or not until said time. Terms of court.

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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 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 his deputies of the city court of Millen, and to all and singular sheriffs and their deputies of the State of Georgia. Judgments and executions. SEC. 18. Be it further enacted by the authority aforesaid, That suits in said city court shall, in all respects, be conformable to the mode of proceedings in the superior courts, except as 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 Millen or his lawful deputies or the sheriff of Jenkins county or his deputies, except as otherwise provided in this Act. Process. 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 Millen or his deputies and to all and singular the sheriffs and constables of this State. And the judge of said city court of Millen, 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 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 SEC. 21. Be it further enacted by the authority aforesaid,

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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 and in the same manner and shall be provided for in the same manner as the superior courts. Court of record. SEC. 22. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the superior court whether civil or original, shall apply to said city court. And the executions shall issue and be levied and advertised and sale made thereunder under the same rules and laws regulating the same in the superior court, regardless of the amount involved, except when the amount involved is less than $100, sale may be had without advertisement in newspaper upon ten days' written notice at the court-house door. Judgments and executions. SEC. 23. 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, and shall have the privilege of practicing law in any of the courts of this State, or the United States, except the city court of Millen, and the Supreme Court on writs of error from said city court, and justice courts. Contempt. SEC. 24. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the said city court of Millen to prepare and file in his office a complete copy of the traverse jury list of the superior court of Jenkins 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 the said city court of Millen shall write upon separate tickets the names of each traverse juror and place the same in a box, to be prepared for the purpose from which shall be drawn eighteen traverse jurors in the manner as now required by law in the superior courts. All laws in reference to the drawing, selecting and summoning traverse jurors in the superior court of this State shall apply to the said 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 Jenkins shall apply and be of effect in said city court. Jury list and box. SEC. 25. Be it further enacted by the authority aforesaid,

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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 Millen when so demanded; but 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 or their attorneys by consent, may agree in any case 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 strike 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 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, how selected. SEC. 26. Be it further enacted by the authority aforesaid, that incidental expenses of the city court shall be paid in the manner of paying such expense of the superior court, and such expense shall be considered a charge upon the county, and the county treasurer shall pay same out of the general funds of said county, upon the presentations of orders properly signed by said judge. Incidental expenses. SEC. 27. Be it further enacted by the authority aforesaid, That it shall be the duty of committing courts in the county of Jenkins 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 misdemeanor; and all persons charged with such offense in said county may be brought directly before the judge of said city court for trial without any previous commiting 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 or the solicitor of said 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 at all times be open for the trial of criminal cases. Bail and commitment.

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SEC. 28. Be it further enacted by the authority aforesaid, That in all suits for the recovery of personal property said city court of Millen shall have jurisdiction for all amounts whatsoever over the entire county. Trover suits. SEC. 29. 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 demand a jury in writing. 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 a 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 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 term of the superior court as in regular preliminary investigation. If the judge of said 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 in term time or vacation. The judge of the superior court of said county is hereby directed and required to transfer, either in term time or vacation, by his order to said city court for trial, all presentments and bills of indictments 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 of said 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 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 on 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. Accusation and trial. Transfers from Superior Court. SEC. 30. Be it further enacted by the authority aforesaid,

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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 rule 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 particularly both as to the 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. Trials in criminal cases. SEC. 31. Be it further enacted by the authority aforesaid, That a writ of error shall be from said city court of Millen to the Court of Appeals of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error. SEC. 32. Be it further enacted by the authority aforesaid, That in all cases in said city court the same powers and rights of parties as to 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. 33. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions and under the same laws and regulations, in every respect governing the granting of new trial 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 shall be made and passed upon by the judge of the 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. 34. Be it further enacted by the authority aforesaid, That

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all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more resides in the county of Jenkins, may be brought in said city court of Millen; 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. Suits against joint defendants SEC. 35. 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. 36. 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 judgment or trial term, and all the laws, rules and practices in said court with reference to terms thereof and to the continuance, pleadings, and trial of causes therein, shall be the same as in the superior court, unless otherwise provided in this Act. Appearance and trial terms. SEC. 37. Be it further enacted by the authority aforesaid, That the first monthly term of said city court to which a civil case is brought shall be the trial or judgment term unless a plea or answer be filed thereto, in which event the case shall be continued and stand for trial at the next regular monthly term of said court; provided, however, that if at the first term both parties are ready for trial, the same shall be the trial or judgment term. Judgment at first monthly term. SEC. 38. Be it further enacted by the authority aforesaid, That whenever the judge of said city court of Millen 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, a judge pro hac vice shall be selected by the clerk of said city court to try said case. Judge, pro hac vice. 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 to such time as the judge may direct, or if no direction be given the court shall be adjourned to the next regular term. Adjournments by Clerk or Sheriff. SEC. 40. 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, or on accusation arising

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from said city court, three dollars; for each commission to take testimony, fifty cents; for each subp[oelig]na, fifteen cents; for filing declarations 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. fas., seventy-five cents; filing mortgage or lien for 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. 41. Be it further enacted by the authority aforesaid, That the fees of the sheriff of the said city court and of the sheriff of Jenkins county when acting as sheriff of said city court in all civil cases brought to the term thereof such shall be as follows: For serving each copy, two dollars; levying a fi. fa., two dollars; settling fi. fas., two dollars; serving each subp[oelig]na, fifty cents; commission on sales, the same as in superior court; serving garnishment, two dollars; levying attachment, two dollars; and in 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; commissions on sales, the same as in superior court; serving garnishment, one dollar; levying attachment, one dollar; for his services in all criminal proceedings he shall be entitled to the same fees as are allowed to the sheriffs of the superior court; and for attending sessions of the city court, he shall be paid one dollar per day out of the county treasury; and if 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 services of said deputy or bailiff. The sheriff of said city 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 in 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. 42. Be it further enacted by the authority aforesaid, That the solicitor of the city court of Millen shall have control of the fine and forfeiture fund arising in said court and convict hire arising in said court, and shall pay out same to the officers of said court on orders approved by the judge of said city court. The fines and forfeitures arising from cases transferred from the

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superior court to the city court shall be distributed by the solicitor of said city court among the officers of the superior court and the officers of the city court, justices of the peace and constables, if any, according to their pro rata shares, and fines and forfeitures arising from the cases originating in said city court shall be prorated among the officers of the said city court, justices of the peace and constables, by the said solicitor, on their bills for insolvent cost. If any time there shall be a surplus of insolvent funds arising from the cases originating in the said 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. SEC. 43. Be it further enacted by the authority aforesaid, That the county commissioners of Jenkins 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 Millen for the holding of the city court of Millen; and shall provide offices and office equipment for all officers of said city court of Millen. Officers, records, etc. SEC. 44. 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 the testimony, charge of the court, etc., in all criminal cases tried in said court, and in such civil cases tried in said court 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 five dollars per day. The same to be paid from the fines and forfeitures of said city court, in the same manner that other officers of said court are paid. The compensation of said 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 can be made it shall be the duty of the judge of the city court to fix the compensation for the stenographer in that particular case. Before any stenographer of said court shall enter upon the discharge of his duties he shall take and subscribe an oath to faithfully and impartially discharge his duties as 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.

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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 22, 1907. MONTICELLO, CITY COURT OF, FEES OF JURORS, STENOGRAPHERS, ETC. No. 248. An Act to amend 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, approved August 21, 1906, as follows: (1) By inserting between the word amount, in the third line of the second section of said Act, and the word except in said line and section, the following words: Where the amount involved is over $50.00: (2) by striking from the second line of section 42 of said Act, the words $1.25. and inserting in lieu thereof the words $2.00, so as to make the per diem of jurors in said court $2.00 instead of $1.25. (3) By providing for the appointment of an official stenographer of said court, prescribing his duties, fees, etc., but at no expense to the county of Jasper. (4) By prescribing, fixing and limiting the time for argument of cases in 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 2 of an Act entitled 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, approved August 21, 1906, be, and the same is, hereby amended by inserting between the word amount in the third line of said section and the word except. in said line, the following words: Where the amount involved is over $50.00; so that said section, when amended, shall read as follows: City Court of Monticello.

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Sec. 2. Be it further enacted, That said city court of Monticello shall have jurisdcition to try and dispose of all civil cases of whatever nature or amount, where the amount involved is over $50.00, 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 jurisdiction by the writ of certiorari; nor shall said city court of Monticello have power to entertain appeals from any inferior jurisdiction; 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 sum of $100.00 or less, the clerks shall only receive justice court costs, 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 $100.00 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 in cases arising in this court when the suit or action is for the principal sum of more than $100.00. Jurisdiction. Fees of officers. SEC. 2. Be it further enacted by the authority aforesaid, That section 42 of said above-recited Act be, and the same is, hereby amended by striking from the second line of said section the words $1.25, and inserting in lieu thereof the words $2.00, so that said section, when amended, shall read as follows: Sec. 42. Be it further enacted, That all jurors in said city court of Monticello shall receive the sum of $2.00 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 court. Per diem of jurors. SEC. 3. Be it further enacted, That there shall be a stenographer of the city court of Monticello appointed by the judge thereof, and all civil cases in said court may be reported at either the request of the plaintiff or defendant, or any other party, and the fee for reporting such cases shall be the same as is allowed for similar services in the superior court, to be paid by the plaintiff and defendant equally, and in the final disposition of the case to be taxed against the losing party as other costs; and said city court stenographer shall have the same right to enforce the payment of his fees as is provided by law for the enforcement of the fees of the stenographer of the superior court. It shall also be the duty of said city stenographer to report and transcribe the evidence

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when so requested by council for the defendant in all criminal cases tried in said court, and for this service he shall be entitled to a fee of $5.00 for the whole service, including the transaction of the record when requested as aforesaid, which fee shall be taxed against the defendant along with other costs in the case; but in no event shall the county of Jasper be liable for any costs of the stenographer for reporting cases in which the defendant is acquitted, or does not pay his fine. Stenographer. SEC. 4. Be it further enacted by the authority aforesaid, That in all criminal cases in said court, and in all civil cases in which the amount involved is under $100.00, counsel for neither party shall occupy more than one-half an hour in the whole discussion of the case after the evidence is closed. In all civil cases where the amount involved is over $100.00 counsel shall in like manner be limited to one hour on a side. And it shall be the duty of the presiding judge to strictly enforce the provisions of this section. Argument of counsel. 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 22, 1907. NASHVILLE, CITY COURT OF, JURISDICTION, ETC. No. 127. An Act to amend an Act approved July 31, 1905, so as to give additional jurisdiction to city court of Nashville, Georgia, 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 2 of the above recited Act be, and the same is, hereby amended by striking therefrom all of said section after the word courts, in line four, so that said section when so amended shall read as follows: Sec. 2. Be it further enacted, That said city court of Nashville shall have jurisdiction to try and dispose of all cases of whatever nature except over which exclusive jurisdiction is vested in other courts. City Court of Nashville; jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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NEWNAN, CITY COURT OF, TRIAL OF MISDEMEANORS. No. 276. An Act to amend an Act entitled an Act to establish the city court of Newnan; 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 October 5, 1887, by repealing section 36 of said Act, which said section provides that defendants in the city court of Newnan may demand indictment by the grand jury; to repeal section 38 of said Act, providing that committing magistrates may require and allow misdemeanor defendants to give bail for their appearance before the grand jury; to provide that committing magistrates shall require all misdemeanor or defendants to give bail for their appearance before the city court of Newnan; to provide for the trial of all misdemeanor criminal cases in said court by the judge of said court or by a jury in said court when demanded; to provide that no defendant in said court shall have the right to demand indictment but shall be tried on as information in said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled an Act to establish the city court of Newnan; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers, approved October 5, 1887, be, and the same is, hereby amended by repealing section thirty-six (36) of said Act, which provides that the judge of said court shall, before trial, inquire of the defendant if he demands indictment and which gives defendants the right to demand indictment and jury trial and which authorizes the judge to fix bail, etc., and the said Act is further amended by repealing section thirty-eight (38) of the same, which said section fixes the duty of committing magistrates when holding misdemeanor defendants for bail, etc., both of which said sections are hereby repealed, and the following section is hereby enacted in lieu of said sections, to wit: City Court of Newnan All criminal cases in said city court of Newnan shall be tried by the judge thereof without a jury, except when the accused shall demand a jury trial in said court, which demand must be

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made before his said trial begins, and not after. A plea to the information shall amount to a waiver of jury trial. When a defendant is brought before the judge of said court and demands a trial by jury, then and in that event the judge of said court shall hold him to bail for his appearance at the next quarterly term of said court; provided, however, in cases transferred from the superior court in which indictments have been returned, no demand for jury trial shall be necessary, and such cases shall stand for trial as now provided by law. Trials in criminal cases. No defendant in said court shall have the right to demand indictment by the grand jury of said county. Indictment It shall be the duty of all committing magistrates in Coweta county, when they hold defendants to bail for misdemeanors, to ask them if they demand jury trial in the city court, and if they answer that they do, bail shall be granted them for their appearance at the next quarterly term of the city court, but if jury trial is not demanded, then said defendants shall be allowed bail for their appearance instanter before the judge of said court. Appearance bonds. All misdemeanor defendants shall be committed for trial in the said court. If, upon the trial of any case, it shall appear to the judge that the evidence makes a case of felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court, as in preliminary examinations. Jurisdiction in criminal cases. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 22, 1907. OGLETHORPE, CITY COURT OF ESTABLISHED. No. 116. An Act to establish the city court of Oglethorpe, in and for the county of Macon; to define its jurisdiction and powers; to provide for the election of the judge, solicitor and other officers thereof, and to define their powers and duties; to provide for pleading and practice and the granting of new trials therein; and for writs of error therefrom to the Supreme Court and Court of Appeals, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by authority of the same, That from and after the first day of January, 1908, the city court of Oglethorpe, in the county of Macon, be, and it is hereby established and organized to be held in the city of Oglethorpe, with jurisdiction, civil and criminal, and quasi-civil and quasi-criminal, over the entire county of Macon. City Court of Oglethorpe. SEC. 2. Be it further enacted by the authority aforesaid, That said city court of Oglethorpe shall have jurisdiction to try and dispose of all cases and matters of whatever nature, except cases over which exclusive jurisdiction is vested in other courts by the Constitution of Georgia. Jurisdiction. SEC. 3. Be it further enacted, That said city court of Oglethorpe shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in said county of Macon, where the offender under the punishment prescribed is not subjected to loss of life or confinement in the penitentiary. Jurisdiction in criminal cases. SEC. 4. Be it further enacted, That there shall be a judge of said city court of Oglethorpe, who shall be chosen and commissioned in the following manner: There shall be held a special election in Macon county on the first Wednesday in October, 1907, at which a judge of said city court shall be elected by the qualified voters of said county; said election to be held under the same rules and regulations as elections for members of the General Assembly are held; the returns of said election to be made to the Governor, who shall issue a commission to the person elected as such judge at said election; said person so elected to be so commissioned for and to hold said office under such commission until the first day of January, 1909, and until his successor is elected and qualified. All the laws now of force in this State with reference to the registration and qualifications of voters for said election shall apply to the said election as they now apply to other special elections. At the next regular election for county officers of said county of Macon, to be held on the first Wednesday in October, 1908, there shall be elected a judge of said city court, for a term of four years from said first day of January, 1909, and until his successor is elected and qualified; and thereafter the term of office of said judge shall be four years, and he shall be elected by the qualified voters of Macon county, at the same time, and in the same manner as other county officers of said county of Macon are elected; and he shall be commissioned by the Governor as such other officers are commissioned, except that he shall be so commissioned for a term of four years instead of two. In case of vacancy in said office

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of city court judge, from death, resignation, removal, or otherwise, the Governor shall fill said vacancy by appointment of some fit and proper person to hold said office for the unexpired term. The judge of said city court of Oglethorpe shall receive a salary of nine hundred dollars per annum, which shall not be increased nor diminished during his term of office, and which shall be paid monthly out of the treasury of said county of Macon. Judge, election of and term of office. Salary. SEC. 5. Be it further enacted, That any person who shall be elected judge of said city court must, at the time of such election, be at least twenty-five years of age; must also be a resident of the said county of Macon, and must also have been a practicing attorney-at-law for at least four years before his election; and before entering upon the discharge of his duties as judge, he shall take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and 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 Oglethorpe 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 be filed in the Executive Department, after it shall have been recorded on the minutes of said city court of Oglethorpe. Judge, qualifications and oath. SEC. 6. Be it further enacted, That the judge of said city court of Oglethorpe shall have the right to practice in all courts except said city court, the Supreme Court on writs of error from said city court, and any case originating in said city court. Judge [Illegible Text] practice law. SEC. 7. Be it further enacted, That there shall be a solicitor of the said city court of Oglethorpe, who shall be elected by the voters of Macon county at the special election provided for in section 4 of this Act, and in the same manner and under the same terms and conditions as provided in said section 4 for the election of the judge of said city court. The term of office of said solicitor under the election to be held on the first Wednesday in October, 1907, shall expire on the first day of January, 1909, and he shall be commissioned by the Governor for such term. At the regular election for county officers, held in Macon county on the first Wednesday in October, 1908, there shall be elected a solicitor of said city court for full term of four years from said day in January, 1909, and the Governor shall issue a commission to the person so elected for said term of four years, and

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until his successor is elected and qualified; and thereafter the term of office of said solicitor shall be four years, and he shall be elected by the qualified voters of Macon county at the same time and in the same manner as other county officers of the county of Macon are elected, and he shall be commissioned by the Governor as such other officers are commissioned, except that he shall be so commissioned for a term of four years instead of two. In case of a vacancy in said office of solicitor of said city court from death, resignation, removal, or otherwise, the Governor shall fill said vacancy by appointment of some fit and proper person to hold said office for the unexpired term. Solicitor, election and term of office. SEC. 8. Be it further enacted, That any person who shall be elected solicitor of said court must, at the time of such election, be at least twenty-three years of age: must also be a resident of the county of Macon, and must also have been a practicing attorney-at-law for at least two years before his election. The fees of such solicitor shall be the same as are now provided for solicitors-general of the superior courts of this State: and it shall be the duty of such solicitor to represent the State in the Supreme Court on all writs of error from said court, for which service he shall be paid out of the treasury of the State the same sums paid solicitors-general for similar services. Said solicitor, before entering on the duties of his office, shall give bond with good security in the sum of five hundred dollars (500.00) conditioned for the faithful discharge of the duties of his office, and shall take and subscribe, in addition to the oath required of all civil officers, 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 Oglethorpe; so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of the city court and shall, together with said oath, be entered on the minutes of said court by the clerk, and may be sued on by any person interested. If, for any reason, said solicitor shall fail or be disqualified to act in any case, or there should be a vacancy in said office, the court shall appoint a solicitor pro tem. Solicitor, qualification, fees and oath. SEC. 9. Be it further enacted, That the clerk of the superior court of said county of Macon shall be the clerk of said city court, and shall perform in said city court the same duties as are by law required of him as an officer of the superior court, so far as the same do not conflict with the provisions of this Act. The said clerk shall execute a bond in the sum of five hundred dollars ($500.00), payable to the Governor, conditioned for the

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faithful discharge of the duties of his office, which bond shall be approved by the judge of said city court, and entered on the minutes thereof, and which bond may be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify or to execute said bond, the judge of said city court is hereby authorized to appoint a clerk for said court. The compensation of said clerk of said city court shall be the same as are now allowed by law to the clerk of the superior court for similar services, in all cases except the following: In all civil cases, including issues under distress warrants, attachments and other like process returnable to said city court, where the amount involved does not exceed $100.00, the entire cost of the clerk shall be two dollars. Clerk. For docketing distress warrants, attachments and other like process which may be issued by the judge of said city court, the said clerk shall receive as costs the sum of seventy-five cents. For the foreclosure of mortgages in said city court, where the amount involved does not exceed $100.00, the said clerk shall be entitled to receive as costs the sum of one dollar. For issues made under proceedings to evict intruders, which may be returnable to said city court, the said clerk shall be entitled to receive as his costs the sum of three dollars. For recording proceedings to obtain order for quick sale of personal property, and entering such order on the minutes, said clerk shall receive as costs $1.00. For each day's service in attendance upon the said city court, said clerk shall be paid the sum of two dollars, which said last named item for attendance on said court shall be paid out of the county treasury of the county of Macon on order of the judge of said city court, and for any other service performed by said clerk of said city court, not herein specified, such fees shall be allowed as may be fixed by the judge of said city court. SEC. 10. Be it further enacted, That the sheriff of Macon county shall, by virtue of his office, be sheriff of said city court. Before entering upon the discharge of his duties he shall execute a bond with good security, payable to the Governor, in the sum of two thousand dollars ($2,000.00), conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said city court, and be entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the sheriff of Macon county shall fail to qualify as sheriff of said city court, and fail to give the bond herein prescribed, the judge of said city court shall appoint

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a sheriff for said court. The sheriff of said court shall have power to appoint such deputies as the business of the court may require, who shall give such bonds as are required of other deputy sheriffs. Said sheriff of said city court shall receive the same fees as are now or may hereafter be allowed by law to the sheriff of Macon county, except that in civil cases where the amount involved is one hundred dollars or less, he shall receive only one-half of such fees, and for attendance upon the sessions of said city court he shall receive as per diem the sum of two dollars ($2.00) per day; such per diem to be paid out of the county treasury of macon county on orders passed by the judge of said city court. Sheriff. SEC. 11. Be it further enacted, That the judge of the city court of Oglethorpe is empowered to exercise the same authority over the clerk and sheriff and deputies of either said officers, as may be exercised by the judge of the superior court over the said officers in said superior court. Before entering upon the discharge of their duties, the said clerk and sheriff shall take and subscribe an oath, in addition to the oath required of all civil officers, to faithfully discharge the duties imposed upon them as said officers. Clerk and Sheriff. SEC. 12. Be it further enacted, That the judge of the city court of Oglethorpe shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and for the eviction of intruders; to issue distress warrants; to issue attachments and garnishments; to attest deeds and other papers; to take affidavits; to foreclose mortgages, and to issue any other writs, warrants, order or process, the power to issue which is not given exclusively to some other court, judge or other officer by the Constitution of this State; such warrants, writs, or other process above specified may be, when issued by said judge, or by any justice of the peace or notary public of said county of Macon, made returnable to the said city court of Oglethorpe, in which all issues made thereunder shall be triable in the same manner as is now provided for such trials in the superior or other courts of said county of Macon; said judge, solicitor, clerk, sheriff and his deputies shall have power to administer all oaths and do all other official acts pertaining to their offices respectively as the judge and other officers of the superior court may, in like cases, do. Said judge shall also have power to issue writs of habeas corpus, and hear and determine the same as judges of the superior courts may do; to cause testimony to be taken to be used de bene esse, and for the purpose of

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perpetuating testimony within his jurisdiction, and generally to do all acts which judges of the county court of Oglethorpe are authorized to do, unless otherwise provided in this Act; and said judge of the city court of Oglethorpe shall have all the power and authority throughout his jurisdiction of judges of the superior courts of this State, except where, by the Constitution, exclusive power and authority are vested in the judges of the superior court; and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court so far as the same may be applicable, except as herein provided. Powers of Judge. SEC. 13. Be it further enacted, That the regular terms of the said city court of Oglethorpe shall be held quarterly, beginning on the second Monday, march, June, September, and December of each year. The judge of said court shall have power to hold said court in session so long as in his judgment the same may be necessary, and to adjourn the same from one time to another as he may see proper. Terms of court. SEC. 14. Be it further enacted, That suits in said city court shall in all respects be conformable to the modes of proceeding in the superior court, except as herein provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Oglethorpe, or his deputy, and all executions issuing from said court shall be attested in the name of the judge, and signed by the clerk, and directed to the sheriff, or his deputy, of the city court of Oglethorpe, and all and singular the sheriffs or their deputies of the State of Georgia. Procedure. SEC. 15. Be it further enacted, That in all matters pertaining to service and pleading and practice and other legal procedure the laws governing in the superior court shall be applicable to said city court, unless otherwise provided by this Act. Pleading and practice. SEC. 16. Be it further enacted, that the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that either party in any civil cause pending in said court shall, upon demand, be entitled to a trial by jury in all cases in which parties may be entitled to a trial by jury under the Constitution of this State; and provided further, that the judge of said city court may, on his own motion, require and direct that any civil or criminal case pending in said court shall be tried by a jury. Trials in civil cases.

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SEC. 17. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claim shall be tried in the same manner as claims in the superior court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases, as is practiced in other courts. Claims to personalty. SEC. 18. Be it further enacted, That all laws upon the subjects of attachments and garnishments in the superior courts in this State shall apply to said city court, so far as the nature of the city court will admit. The judge of said city court or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior court, and all attachments returnable to the city court of Oglethorpe shall be directed to the sheriff of the city court of Oglethorpe, and his deputies, and to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the city court or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachments and garnishments. SEC. 19. Be it further enacted, That the garnishment proceedings in said city court shall be conformable to the laws on the subject applicable in the superior court. Garnishments SEC. 20. Be it further enacted, That all proceedings to make parties in any cause in the said city court shall conform to the laws on that subject in the superior court. Parties. SEC. 21. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations, and all other legal procedure, examination of witnesses by interrogatories, deposition, or otherwise, witnesses and their attendance, continuances, motions for new trial, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court, unless otherwise herein provided. Pleadings and practice. SEC. 22. Be it further enacted, That the said city court of Oglethorpe shall be a court of record and shall have a seal, and the minutes, dockets, records, and other books and files that are required by law to be kept for the superior court shall be kept in and for said city court, and in the same manner; and all laws applicable to the duties of the clerk and sheriff of the superior court shall apply to them in the said city court, except where they conflict with the provisions of this Act. Court of record.

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SEC. 23. Be it further enacted, That all laws regulating the enforcement of the judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had thereunder, under the same rules and laws regulating the same in the superior court. Judgments how enforced. SEC. 24. Be it further enacted, That the judge of the city court of Oglethorpe shall have the power to enforce his orders, preserve order, punish for contempt, and to enforce all his judgments in the same manner as judges of the superior court. Contempt. SEC. 25. Be it further enacted, That the traverse jurors in the city court of Oglethorpe shall be procured in the following manner: The clerk of said court shall provide a city court jury box, similar to the traverse jury box of the superior court, and shall write upon separate pieces of paper the names of each person upon the grand jury list and the petit jury list of the superior court, and shall place said names in the city court jury box, from which shall be drawn the traverse jurors to serve in said city court. All laws with reference to the drawing and summoning, and the empaneling traverse jurors in the superior court shall apply to the city court of Oglethorpe; provided, that the number of jurors so drawn shall be eighteen instead of thirty-six, as provided for in the superior courts; and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in the said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are or may hereafter be paid. Traverse jurors. SEC. 26. Be it further enacted, That all laws with reference to the disqualification, impaneling, challenging, fining, or in any wise relative to jurors, now of force or hereafter to be enacted, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases where issues are to be tried by a jury, the parties shall be entitled to eighteen jurors from which to strike or select. In all civil cases each party shall be entitled to three peremptory challenges, and in all criminal cases the defendant shall be entitled to four peremptory challenges and the State two; and all laws and rules governing the selection of jurors in the superior courts shall apply to the city court unless otherwise provided in this Act. Juries, how selected. SEC. 27. Be it further enacted, that all civil cases pending

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in said city court, in which a jury is demanded by either party, or ordered by the judge as herein provided, a jury trial shall be had in term time under the provisions of this Act by a jury of twelve men. All civil cases in which no jury is demanded or ordered, shall be tried by the court in term time. All criminal cases shall be tried by the court either in term time or in vacation, and said court shall be open for trial of criminal cases at all times. If at any time a defendant shall demand a trial by jury and no jury shall then be in attendance upon the court, the judge may, in his discretion, direct the sheriff to summon a tales jury of eighteen jurors whose names appear either on the grand or traverse jury lists of said county of Macon, for the trial of such criminal cases, and said jury shall be impaneled and such trials proceed at such time as the judge may direct, and all other proceedings in said case or cases shall be the same as though had during a regular term, and as if said jurors had been regularly drawn and summoned. Trials. SEC. 28. Be it further enacted, That defendants in criminal cases in said city court of Oglethorpe may be tried on written accusation founded on affidavit, which accusation shall be signed by the prosecuting officers of said court; and in cases in which there has been no commitment of the defendant to said city court for trial, the judge of said city court shall, upon any such accusation being preferred before him, either in term time or in vacation, issue his warrant for the arrest of any such defendant, in the same manner as bench warrants are issued by judges of the superior courts. No person charged with an offense within the jurisdiction of said city court shall have the right to demand indictment by the grand jury of Macon county before trial. Accusation SEC. 29. Be it further enacted, That if, after hearing the evidence on any trial, it shall appear to the court that the offense is beyond the jurisdiction thereof, the trial shall be discontinued and the accused committed or bound over to the next superior court, according to the law of bail and commitment, and the proceedings shall be transmitted to the superior court. Felonies. SEC. 30. Be it further enacted, That the judge of the superior court of Macon county shall transfer any or all indictments or presentments for misdemeanors to said city court for trial, the order so transferring the same to be entered on the minutes of both courts. Transfers from Superior Court. SEC. 31. Be it further enacted, That the judge of the city court may, in his discretion, pass an order transferring to the superior court of Macon county for trial and criminal cases in

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which said judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Disqualified cases. SEC. 32. Be it further enacted, That the judge of said city court shall have the same power to appoint bailiffs at any term of said court that the judges of the superior court have. Bailiffs. SEC. 33. Be it further enacted, That writs of error shall lie from the city court of Oglethorpe to the Supreme Court and Court of Appeals of this State upon bills of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions and issue of writs of error in the superior courts of this State. Writs of error. SEC. 34. Be it further enacted, That no judgment, order, sentence, or decree of the said city court or the judge thereof, shall be reviewed by writ of certiorari. Certiorari. SEC. 35. Be it further enacted, That the judge of the city court of Oglethorpe shall have power to grant new trials in all cases, civil and criminal, in said court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions for new trials in the superior court, and the hearing and the termination thereof, in vacation or term time, shall apply to and govern the same in said city court. New trials. SEC. 36. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all the laws, rules and practices in the superior courts, with reference to the terms thereof, shall apply to the city court of Oglethorpe unless otherwise provided for in this Act; provided, that in cases in which no defense or plea is filed on the first day of the first term, or such defense or plea shall be stricken by the court, a judgment may be rendered by the court or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court. Appearance and trial terms. SEC. 37. Be it further enacted, That whenever the judge of said city court is for any cause disqualified from presiding in any case, and the judge of the superior court shall fail to preside in said court, as provided in the Constitution of this State, or is not present when said case is called on the docket, then upon consent of parties, or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge, pro hac vice. SEC. 38. Be it further enacted, That the county commissioners

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of Macon county shall provide the necessary books for keeping the dockets, minutes and records of said city court and all other books and stationery necessary to run said court, and that said city court shall be held in the court-house of Macon county, or such other place in the city of Oglethorpe as superior court of said county may be held. Court-house, records, etc. SEC. 39. Be it further enacted, That fines and forfeitures and convict hire arising from cases in said city court of Oglethorpe shall be distributed and disposed of by the clerk of said court in the following manner: When any such fund shall arise from either of said sources, it shall be applied, first, to the payment of the costs, including costs of committing court, of the particular case or cases in which it is collected; the balance then remaining shall be applied to the payment of such insolvent costs as may be due to the officers of said city court; and then if a surplus still remains, it shall be paid into the general fund of the county treasury. In moneys arising in like manner from cases transferred by the superior court to said city court, the same mode of distribution shall apply except that the solicitor-general shall be entitled to participate therein for such costs as may be due him in such transfer cases. Fines, forfeitures and convict hire. SEC. 40. Be it further enacted, That no money arising from the sources mentioned in the next preceding sections shall be paid on any insolvent costs as therein specified, except upon the order of the judge of said city court, duly entered on the minutes of said court, approving such bills for costs, and directing the payment of the same. Insolvent costs. SEC. 41. Be it further enacted, That out of costs collected from any source in misdemeanor cases transferred from the suptrior court to said city court, the solicitor-general shall be entitled to five dollars in each case. Fees of Solicitor in transferred cases. SEC. 42. Be it further enacted, That the several justices of the peace of the county of Macon, in the commitment or binding over of defendants in misdemeanor cases, and all other officers or parties taking bond or committing any defendant who stands charged with a misdemeanor in said county of Macon, shall make the same returnable to the said city court of Oglethorpe, to be tried on the second Monday in the month following such commitment; but any such defendant or parties so bound over may be tried by the said city court at any time the judge thereof may direct. Appearance bonds. SEC. 43. Be it further enacted, That upon the failure of the defendant to appear and answer to any charge of which he may stand accused in said city court at the time named in such bond

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as may be given for his appearance, the said bond shall be forfeited under the same rules and regulations as criminal bonds are now forfeited in the superior court, and the order of forfeiture and scire facias shall issue on the said day of such non-appearance, and the fees of the officers of the said city court in such cases shall be the same as are allowed by law to officers of the superior court for like services, and the subsequent proceedings shall be the same as are now prescribed by law. Forfeitures SEC. 44. Be it further enacted, That when any execution or other process issuing from said city court shall be levied upon real estate, and a claim shall be filed to the property so levied upon, the said claim, together with such execution or other process, shall be returned for trial to the superior court of Macon county. Claims to realty. SEC. 45. Be it further enacted, That for summoning juries in said city court, the sheriff thereof shall be entitled to a fee of five dollars, to be recovered or paid out of the county treasury of Macon county, in the same manner as sheriff's fees for summoning juries in the superior court are now paid. Fees of Sheriff. SEC. 46. Be it further enacted, That the judge of said city court shall be authorized and empowered to appoint a stenographer for the reporting of any case or cases pending in said court. The fees for each stenographer to be paid by the parties in civil cases in the same manner as now prevails in the superior court, and the fees to be allowed shall be the same as are now allowed in the superior court and shall be collected in the same manner. In no event, however, shall the compensation of such stenographer be chargeable against the county of Macon. Stenographer. SEC. 47. Be it further enacted, That this Act shall not take effect until January 1, 1908. SEC. 48. 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 22, 1907.

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PELHAM, CITY COURT OF, SOLICITOR'S SALARY, ETC. No. 305. An Act to amend an Act entitled an Act to establish a city court in Pelham, in the town of Pelham, in the county of Mitchell; to define its jurisdiction and powers; regulate proceedings therein, and for other purposes, approved August 22, 1905, so as to provide a salary for the solicitor of the city court and the manner in which he shall be paid; to provide for the right of demand for indictment by grand jury, 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 6 of an Act approved August 22, 1905, establishing and creating the city court of Pelham, in and for the county of Mitchell, be amended as follows: By striking the whole of paragraph six (6) of said Act and substituting in lieu thereof the following: 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 solicitor-general of the several judicial circuits of the State, so far as they are applicable, and said solicitor to have no extra salary, costs, or other compensation for acts done in connection with said city court of Pelham other than allowed him for the performance of his duties as solicitor of said city court of Camilla. City Court of Pelham. Solicitor, duties and compensation. SEC. 2. Be it further enacted by the authority aforesaid, That section 27 be amended as follows: By striking therefrom the word not, appearing in the thirteenth line thereof, so that said section when so amended shall read as follows: Sec. 27. Be it further enacted, That the defendants in criminal cases in said city court shall be tried on written accusation, setting forth plainly the offense charged, founded on affidavit made by the prosecutor. Said affidavit shall be signed by the prosecuting officer of said court. Upon such affidavit and accusation being made and filed in the clerk's office of the said court, the defendant shall be asked by the judge whether he waives trial by jury. If he answers Yes, the judge shall proceed to try and determine said case, but if the defendant shall answer No, or shall stand mute, then the judge shall commit him for trial at the next

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regular or special term of said court. In all cases allowing bail to the defendant, to be fixed by the judge, but the defendant shall be allowed to demand indictment by the grand jury as a condition precedent to trial. Accusation and trials. 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 22, 1907. RICHMOND COUNTY, CITY COURT OF, ELECTION OF OFFICERS, ETC. No. 70. An Act to provide for the election of the judge and solicitor of the city court of Richmond county; to fix the time for such election, the term of office of said judge and 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 authority of the same, That a judge and solicitor for the city court of Richmond county 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 four years thereafter. All voters of Richmond county, qualified to vote for county officers, shall be entitled to vote at all elections hereunder. City Court of Richmond county, election of Judge and Solicitor. SEC. 2. Be it further enacted, That the terms of office of said judge and solicitor elected at said election to be held on the first Wednesday in October, 1908, shall begin September 24, 1909, and extend to January 1, 1913, or until their successors are elected and qualified. The terms of judge and solicitor elected on the first Wednesday in October, 1912, shall commence January 1, 1913, and be for four years. Terms of office. SEC. 3. Be it further enacted, That in the event of a vacancy in the office of judge or solicitor of said court, from death, resignation, or other cause, the Governor shall appoint a judge or solicitor, as the case may be, to hold office until the next general election for county officers, when an election shall be held for the unexpired term. The judge or solicitor elected at said general election shall be commissioned by the Governor, and shall hold office for the remainder of said term, or until his successor is elected and qualified. Vacancies.

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SEC. 4. Be it further enacted, That no person shall be judge of the city court of Richmond county unless at the time of his election he shall have attained the age of thirty years, and shall have been a citizen of the county for three years, and shall have practiced law seven years; and no person shall be hereafter elected or appointed solicitor of the city court of Richmond county unless at the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the county for three years, and shall have practiced law three years next preceding his election. Qualifications. 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, 1907. SANDERSVILLE, CITY COURT OF, SALARIES OF JUDGE AND SOLICITOR, ETC. No. 190. An Act to amend an Act entitled an Act to create the city court of Sandersville, in and for the county of Washington; to prescribe the powers and duties thereof; to provide for the officers thereof; to provide the compensation of said officers, and for other purposes, approved October 31, 1901, and an Act amendatory of said Act, approved August 23, 1905 (Acts 1905, pp. 346-350, inclusive), so as to increase the compensation of the judge and solicitor of said court; to provide for the collection and disposition of solicitor's costs in said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that section 2 of an Act entitled an Act to create the city court of Sandersville, in and for the county of Washington; to prescribe the powers and duties therof; to provide for the officers therof; to provide for the compensation of said officers, and for other purposes, approved October 31, 1901, as amended by an Act amendatory of said Act, providing an increase in the salary of the judge of said court: providing a salary for the solicitor of said court, and the manner in which he shall be paid, prescribing

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and regulating the fees of the officers of said court, and providing the manner in which they shall be paid, providing the manner of holding special terms, and for what purposes, approved August 23, 1905, be, and the same is, hereby amended by striking out the word nine, after the word of, and immediately preceding the word hundred, in the eighth line of said section, and inserting in lieu thereof the word twelve, so that said section, as amended by said Act approved August 23, 1905, when so amended by the provisions of this Act, shall read as follows: City Court of Sandersville. 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 if there should be a vacancy in the office of the judge, said vacancy shall be filled by the Governor, in the manner now provided for the filling of said vacancies in the superior courts. Judge, appointment and salary. 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 Washington, and it shall be the duty of the commissioners of roads and revenues of said county, or of the proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice in any other court except his own. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 of the above-recited Act, approved October 31, 1901, as amended by the Act, amendatory of said Act approved August 23, 1905, be, and the same is, hereby amended by striking out of said section the words seven hundred and twenty, after the word of, and immediately preceding the word dollars, in the tenth and eleven lines of said section, and inserting in lieu thereof the words nine hundred, and by further amending said section by striking out the word sixty, after the word of, and preceding the word dollars, in the twelfth line of said section, and inserting in lieu thereof the words seventy-five, so that said section, as amended by the Act approved August 23, 1905, when so amended by the provision of this Act, shall read as follows, to wit: Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be appointed at the same time and in the same manner as the judge of the said city court, whose term of office shall be for two years, and whose duty it shall be to prosecute all offenses cognizable before said city court. Said solicitor must be at least twenty-one years of

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age, and a resident of Washington county for two years, and a practicing attorney. All vacancies in said office shall be filled in the same manner as prescribed by this Act for filling vacancies in the office of judge. The said solicitor shall receive a salary of nine hundred dollars per annum, to be paid monthly on the first of each month, at the rate of seventy-five dollars per month by the treasurer of the county of Washington; the salary of said solicitor to be paid from sums arising from the fines and forfeitures in said city court of Sandersville, whenever there is a sufficient amount of the same in the hands of said treasurer. Should there at any time, when said solicitor's salary becomes due, not be in the hands of the said treasurer enough of said funds to pay said salary, then the balance lacking after the funds arising from the fines and forfeitures of said court have been exhausted, shall be made up and paid out of any other funds belonging to the county in the hands of said treasurer, until the full amount of said salary, monthly, is paid. Said solicitor shall receive no other compensation except his Supreme Court fees, as provided for in the fifth section of said Act, to be paid by the State. In the absence or disqualification of said solicitor the city court judge shall appoint a solicitor pro tem., who shall receive for his services in every case in which there is a conviction, or plea of guilty which is founded upon an indictment of the grand jury, a fee of five dollars, and in each case founded upon an accusation in which there is a conviction, a fee of ten dollars; provided, the solicitor pro tem. shall not be paid more than twenty dollars for any one term of said court. Solicitor, appointment and salary. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be taxed in the bill of costs in all criminal cases in said court, in which conviction is had, or plea of guilty entered, upon accusation, indictment or presentment the same amount of fees that are received by the solicitor-general of the superior court, and for all forfeitures and other services, the same fees as are allowed the solicitor-general in the superior courts, and such fees and cost shall be paid over to the treasurer of said county in the same manner and disposed of by him in the same manner as other costs and fines and forfeitures are now disposed of; provided, however, that nothing in this section shall be construed to entitle the solicitor in said court to any fees or costs in addition to his salary, as provided for in this Act, except fees in Supreme Court or Court of Appeals. Costs, fines and forfeitures payable to county.

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SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved August 22, 1907. STATESBORO, CITY COURT OF, FINES, JURORS, ETC. No. 243. An Act to amend an Act entitled an Act establishing the city court of Statesboro, in the county of Bulloch, approved August 10, 1903, as amended by certain Acts amendatory thereof, approved August 13, 1904, August 15, 1904, August 23, 1905, August 12, 1906, and twice August 14, 1906, respectively, so as to provide for the further distribution of the fines and forfeitures of said court to the sheriff of said court, and to provide for the drawing and empaneling of more than sixteen jurors to serve at each term of said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act establishing the city court of Statesboro in the county of Bulloch, approved August 10, 1903, as amended by certain Acts amendatory thereof, approved August 13, 1904, August 15, 1904, August 23, 1905, August 12, 1906, and twice August 14, 1906, respectively, be, and the same are, hereby amended by striking the words twenty-four from the nineteenth line, section 28, of said Act, and inserting in lieu of the words so stricken the words twenty-eight, and by striking the word three from the twenty-fourth line of said section, and inserting in lieu of the word so stricken the word two, and by striking the word one from the twenty-fifth line of said section and inserting in lieu of the word so stricken the word two, so that said section, when amended, shall read as follows: City Court of Statesboro. Sec. 28. Be it further enacted by the authority aforesaid, That sixteen jurors drawn and summoned as above provided, shall be empaneled, and in all cases, civil and criminal, trial by jury of twelve shall be had in said court where so demanded, but a trial by a jury of twelve may be waived, and in that event the

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jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendants shall have five strikes, and the State three strikes. Eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case may, by consent, agree to use the remaining eight jurors for trial of such case, and this shall constitute a legal jury. Sixteen shall, in all cases, constitute a panel of jurors, whether there have been summoned sixteen or twenty-four, except in those civil cases in which the principal sum claimed amounts to $1,000.00 or more, in which cases if demanded by either party, there shall be a panel of twenty-four from which to select a jury, which shall be done as provided for the superior court. The judge may at any term, in order to facilitate the business of the court, have summoned twenty-eight jurors, whether there be a demand for a panel of twenty-four in any case or not. If either party in a civil case, or the defendant in a criminal case, declines to waive a trial by a jury of twelve, then, in a civil case, each side shall be allowed two strikes; and in criminal cases the defendant shall be allowed two strikes, and the State two strikes from said panel. The jurors, those drawn on a regular panel, and likewise the talesmen, which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive a sum of two dollars per day while serving as a juror of said court, the same to be paid under the rules governing the payment of superior court jurors. Juries. SEC. 2. Be it further enacted by the authority aforesaid, That section 41 of said Act be, and the same is, hereby amended as follows: By adding between the words court and which, in the twenty-first line of said section, the words and if there should be a balance remaining of said twenty-five per cent. after paying the insolvent cost bills of the justices of the peace in full as aforesaid, said balance shall be paid on the unpaid insolvent cost bill for the sheriff of said city court, so that said section, when amended, shall read as follows: Sec. 41. Be it further enacted by the authority aforesaid. That all fines and forfeitures arising from cases tried in said city court shall be collected by the judge thereof, and shall be paid over to the treasurer of Bulloch county, who shall keep the same after paying to the officers of said city court, and to the justices of the peace and notaries public of Bulloch county, upon order of the judge of said city court all their cost in that particular

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case, as the insolvent fund of said city court, which shall be distributed by the county treasurer upon order of the judge of said city court, as follows: Twenty-five per cent. to the general county fund, twenty-five per cent. to the solicitor-general of the Middle circuit upon his insolvent cost bill in cases transferred to said city court from the superior court of Bulloch county, twenty-five per cent. to the solicitor of said city court upon his insolvent cost bill, twenty-five per cent. to the clerk and sheriff. The judge of said city court shall, in January of each year, from a verified and approved cost bill from the various justices of the peace and notaries public of Bulloch county, pass an order authorizing the treasurer of Bulloch county, in cases in which there were commitments to said city court, to pay pro rata on said insolvent cost bill an amount not to exceed the twenty-five per cent. insolvent cost realized from said city court, and if there should be a balance remaining of said twenty-five per cent. after paying the insolvent cost bills of the justices of the peace in full, as aforesaid, said balance shall be applied on the unpaid insolvent cost bill of the sheriff of said city court, which order shall be paid by said treasurer. Should there be with the treasurer of said county in January of any year from said insolvent fund from said city court an amount greater than is required to pay the insolvent cost bills, as is provided above, said amount shall be turned over to the general fund of said county to be used for any purpose for which taxes are levied. In cases arising in said court upon accusation the insolvent fund therefrom shall be distributed as follows: Fifty per cent. to the solicitor of said court, twenty-five per cent. to the clerk and sheriff of said court, and twenty-five per cent. to the justices of the peace and notaries public under the same provision as provided above. Fines and forfeitures, insolvent fund, distribution of SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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SWAINSBORO, CITY COURT OF, COMPENSATION OF CLERKS AND SHERIFF, ETC. No. 160. An Act to amend an Act entitled 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, a 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, approved August 14, 1906, by striking out the word superior in the sixth line of said caption, and inserting in lieu thereof the word Supreme, and by providing compensation for the clerk and sheriff for services rendered in attending the jury sessions of said court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the aforementioned Act be, and the same is, hereby amended by striking out the word superior in the sixth line of the caption of said Act, and inserting in lieu thereof the word Supreme, so that said caption, when amended, shall read as follows: 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 Supreme Court, and for other purposes. City Court of Swainsboro. SEC. 2. Be it further enacted by the authority aforesaid, That said Act be further amended by adding to section 45 of said Act the following: That the clerk of the city court of Swainsboro shall receive the sum of two dollars per day for services rendered in attending upon said court during the jury sessions of the court, the same to be paid out of the country treasury. Per diem of Clerk. SEC. 3. Be it further enacted by the authority aforesaid, That said Act be further amended by striking out the word one in line sixteen of section forty-six of said Act, and inserting in lieu thereof the word two, and also by inserting between the words attending and session in line sixteen, the word jury, so that that portion, when amended, shall read as follows: For attending

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jury sessions of the city court he shall be paid two dollars 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 per day 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. Per diem and fees of Sheriff. 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 22, 1907. SYLVESTER, CITY COURT OF, ELECTION OF OFFICERS. No. 211. An Act to amend an Act creating the city court of Sylvester, provide for the election of judge and solicitor of said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 2 of said Act be amended by striking lines three to fourteen, inclusive, and inserting in lieu thereof the following, to wit: be elected at the same time and place as members of the General Assembly and Statehouse officers are elected, whose term of office shall be four (4) years, and all vacancies shall be filled by special election called by the ordinary in the county; notice of said election is to be given in the official organ of the county in which said city court is located, the election to be conducted and the same laws applied to the management of said election, making returns and consolidation, declaration of the result, etc., as applied to the election of members to the General Assembly. City Court of Sylvester; Judge and Solicitor, election of. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 be amended by striking all of that part of said Act from the word Sylvester, in the second line, to the end of said

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section, and inserting in lieu thereof the following: to be elected at the same time in the same manner as elections for members to the General Assembly. All vacancies in said office shall be filled by special election to be called by the ordinary, of which notice shall be give four weeks prior thereto in the official gazette of said county. Said special election to be the same, and manage, result, declare, consolidation and officers commissioned in the same manner as elections for members to the General Assembly. Vacancies. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until the expiration of the present term of office of said judge and solicitor, to wit: January 1, 1911; provided, however, that should a vacancy occur in either the office of judge of city court, or of solicitor of said court, that this Act is to immediately apply to filling the vacancy so occurring, and the successor to the present judge and solicitor is to be commissioned in the method pointed out above in this Act by election same as aforesaid. Unless the vacancy sooner occurs, the first election to be held pursuant to this Act shall be at the general election for county and Statehouse officers in 1910, and the term of the successor to the judge and solicitor to begin January 1, 1911. 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 22, 1907. THOMASVILLE, CITY COURT OF, DEPUTY CLERK. No. 111. An Act to amend an Act to establish the city court of Thomasville, in and for the county of Thomas; to define the jurisdiction and powers, etc., approved August 18, 1905. SECTION 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, and the same is, hereby amended by inserting in section 4 of said Act, after the word clerk and before the word tested, the words or his deputy,

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so that the last sentence of said section shall read: All processes and writs shall be issued and signed by the clerk or his deputy, tested in the name of the judge, and be directed to and served by the sheriff of said court or his deputy. City Court of Thomasville. Process. SEC. 2. Be it further enacted by the authority aforesaid, That section 7 of said Act be stricken from said Act, and the following substituted therefor as section 7: That all civil cases shall be returnable for trial to the first regular quarterly term of said court convening twenty days, or more, after the filing and docketing of the case, and fifteen days or more after the service of process on the defendant. All defenses must be filed at the first term, and in any case where no defense is filed before or at the time the judge calls the appearance docket, then the judge shall, upon sufficient proof submitted by the plaintiff, render judgment without the intervention of a jury for the plaintiff; if a demurrer is filed and overruled and no other defense is filed, then the judge shall render judgment as though no defense had been filed. If a defense is filed, other than as last above mentioned, then the case shall go to the next regular quarterly term as the trial term. Defenses in civil cases. SEC. 3. Be it further enacted that section 8 of said Act be stricken and the following inserted as section 8: That any person may be tried on a written accusation, which shall set forth plainly the offense charged and be signed by the prosecutor, and the prosecuting attorney of said court; it must be based on an affidavit made by the prosecutor before the judge or some other officer authorized by law to administer affidavits and issue criminal warrants, and filed in the office of the clerk of said court. Accusation SEC. 4. Be it further enacted, That section 9 of said Act be stricken out and the following substituted therefor as section 9: That before the arraignment of the defendant the judge shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation, and signed by the prosecuting officer in said court. If the defendant demands a trial by jury the judge of said court shall proceed with said cause at the regular term of said court according to the rules and laws of the superior court applicable to the trial of misdemeanors, except that the jury shall be selected in the manner provided by this Act. If the defendant demands a trial by jury and the court is not sitting at the regular term, the judge shall admit the defendant to bail to appear at the next regular quarterly term of said court, or on failure of the defendant to give bond, shall commit him to jail until the next regular term of said court.

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Said demand for jury trial may be withdrawn by the defendant at any time. If the defendant waives trial by jury, the judge shall proceed to hear and determine such conformable to the law governing superior courts as the same may be applicable; provided, a reasonable time may be granted to the State or the defendant to procure witnesses and prepare for trial. Trial of criminal cases. SEC. 5. Be it further enacted, That section 18 of said Act shall be so amended as to read as follows: That the clerk of the superior court of Thomas county shall be the clerk of the said city court, and shall perform in said city court, by himself or a deputy, duly and regularly appointed, the same duties that are by law required of him as an officer of the superior court, so far as the same do not conflict with the provisions of this Act; said clerk shall, before entering upon the duties of the office, take and subscribe an oath to perform faithfully and impartially the duties thereof, which oath shall be entered on the minutes of the said city court, and he shall be liable on his bond as clerk of the superior court for any failure to properly discharge said duties. In the event of the failure of the clerk of the superior court to qualify, the judge of said city court is authorized to appoint a clerk of said court, whose acts shall, as such clerk, be legal and binding in all respects. Clerk. SEC. 6. Be it further enacted, That section 19 of said Act be stricken out and the following inserted as section 19: That the sheriff of Thomas county shall be sheriff of the said city court, and shall be liable on his bond as sheriff of Thomas county for the faithful discharge of his duties as sheriff of said city court. He shall have power to appoint a deputy or deputies with the consent of the judge. If he shall fail to qualify as sheriff of said court the judge thereof is authorized to appoint a sheriff of said court. Sheriff. SEC. 7. Be it further enacted, That section 31 be stricken from said Act and the following inserted as section 31: That the judge shall have power to hear and determine all civil cases, of which said court has jurisdiction, and to give judgment and execution thereon. Either party in any civil case in said court shall be entitled to trial by jury, provided such party, himself or his attorney, shall file with the clerk of said courts, in writing, a demand for trial by jury, prior to the first day of the trial term of such case or make such demand in open court during the morning session of the first day of the trial term, and have the same entered on the docket by the judge. Trial of civil cases. SEC. 8. Be it further enacted, That the section first numbered

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43, on page 394 of the Acts of 1905, be, and the same is, hereby stricken, and the following inserted: That all laws, rules and practices in said court, with reference to continuances and trials of cases therein, shall be the same as in the superior court, except as otherwise provided in this Act. Rules of practice. 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 22, 1907. TIFTON, CITY COURT OF, SALARY OF JUDGE, ETC. No. 232. An Act to amend an Act entitled an Act to create and establish the city court of Tifton, etc., approved August 21, 1906. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That paragraph 4 of section 3 of an Act approved August 21, 1906, creating and establishing the city court of Tifton, be amended by striking from said paragraph and section the words nine hundred, and figures $900.00, and inserting in lieu thereof the words one thousand dollars, so that said paragraph 4 shall read as follows: The judge of the city court of Tifton shall receive a salary of one thousand dollars per annum, which shall be paid monthly out of the county treasury of Tift county, and said judge shall receive no other compensation as such judge. City Court of Tifton salary of Judge SEC. 2. Be it further enacted, That the Act creating and establishing the city court of Tifton, approved August 21, 1906, be amended by striking from said Act paragraph 5 of section 6, and also striking from said Act sections 7, 8 and 11, and inserting in lieu thereof the following: The solicitor of the city court of Tifton shall receive a salary of twelve hundred dollars per annum, to be paid monthly from the county treasury of Tift county, and he shall receive no other fee or compensation except that in all criminal cases carried up from the city court of Tifton to the Supreme Court, or Court of Appeals, the solicitor shall receive the same fees now paid the solicitor-general for like services, to be paid in the same manner as solicitors-general are now paid for such services. That all fines and forfeitures collected, and all money arising from the hire of convicts, shall be

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paid over to the county treasurer of Tift county to be used as other county funds. That the county authorities of Tift county shall draw warrants on the county treasurer of Tift for such costs as may be due the clerk, sheriff, bailiffs, justices of the peace, constables, and other officers in criminal cases tried, convicted and disposed of in the city court of Tifton on orders approved by order of the judge of said court. Salary of Solicitor. Fines and forfeiture Costs SEC. 3. Be it further enacted, That the judge of the city court of Tifton shall have the same power and authority to issue distress warrants as is now vested by law in justices of the peace, and the city court of Tifton shall have jurisdiction to try and dispose of such cases where the principal sum involved exceeds fifty dollars. Distress warrants. SEC. 4. Be it further enacted, That section 1 of the Act creating the city court of Tifton be amended by adding thereto the following: Provided, that such court shall not entertain jurisdiction of any civil case, unless the principal sum involved exceeds fifty dollars ($50.00). Jurisdiction. SEC. 5. Be it further enacted, That all committal courts for all offenses committed in the county of Tift, under the grade of felony, shall bind over or commit the defendant to appear before the city court of Tifton. Appearance bond SEC. 6. Be it further enacted, That the Act creating and establishing the city court of Tifton be amended by adding to section 16 thereof the following: Provided, however, that the judge of said city court may, in his discretion, by proper order duly entered on the minutes, confer upon such bailiffs as may be appointed the same power, authority and prerogative as is now vested by law in the sheriff of said city court and his deputies, and for services performed by them such bailiffs shall receive the same compensation and fees as are by law allowed the sheriff of said city court for similar services. Bailiffs. SC. 7. Be it further enacted, That section 2 of this Act shall take effect and become operative on and after January 1, 1909. 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 22, 1907.

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VIENNA, CITY COURT OF, JUDGES, SOLICITORS, ETC. No. 236. An Act to amend an Act entitled an Act to establish a city court of Vienna, in and for the county of Dooly, to define its jurisdiction and powers, to provide for the election of the judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleading and practice, and new trials in said court, and writs of error therefrom to the Supreme Court, and for other purposes, so as to provide for the election of the solicitor of said court by the people, and to provide for the qualification of the judge of said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled an Act to establish a city court of Vienna, in and for the county of Dooly; to define its jurisdiction and powers; to provide for the election of the judge and solicitor, and other officers thereof; to define their powers and duties; to provide for pleading and practice, and new trials in said court, and writs of error therefrom to the Supreme Court, and for other purposes, be, and the same is, hereby amended as follows, to wit: By striking the word seven in the fifth line of section 3 of an Act approved December 16, 1901, commencing at the word law, in said section 3, and inserting in lieu thereof the word five, so that said section 3 of said Act, when so amended, shall read as follows: Sec. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he be at the time of his qualification twenty-eight years of age, a resident of the county of Dooly four years immediately preceding his appointment, and must have practiced law five years (and so on as printed in section 3 of said Act of 1901). Also by striking the words E. F. Strozier, in the second line of section 4; also by striking the figures 1907 of an Act approved August 15, 1904, and inserting in lieu thereof the words Watts Powell, and the figures 1909, and also by striking the words The Governor shall appoint to the office of solicitor of the city court of Vienna a competent attorney, whose term of office shall be two years, after the word thereafter, in the seventh line

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of section 4 of said Act, so that said section 4, when so amended, shall read as follows: Sec. 4. Be it further enacted by the authority aforesaid, That Watts Powell shall be the solicitor of the city court of Vienna until January 1, 1909, and that he shall be commissioned by the Governor for said time. His successor shall be elected by the qualified voters of Dooly county at the regular election held on the first Wednesday in October, 1908, and once every two years thereafter. The solicitor shall receive (and so on, as set out in said Act). City Court of Vienna. Judge, qualifications of. Solicitor, election of. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. WAYCROSS, CITY COURT OF, SALARIES OF JUDGE AND SOLICITOR, ETC. No. 138. An Act to amend an Act to establish the city court of Waycross, in and for the county of Ware; to define its jurisdiction and powers, and for other purposes, so that from and after the passage of this Act, and until otherwise provided, the salary of the judge of said court shall be $1,500 per annum. The salary of the solicitor of said court shall be $1,500 per annum, and to provide for the payment of the salary of the clerk for services to be rendered in criminal cases, and to allow said clerk, in addition to said salary, costs in civil cases in said court. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act approved August 23, 1905, on pages 414, 415 and part of 416 of the Acts of the Legislature of 1905, be, and the same is, hereby amended as follows, to wit: City Court of Waycross. SEC. 2. The second section of said Act is hereby amended so as to make the salary of the judge of the said city court of Waycross the sum of $1,500 per annum instead of $1,000 per annum, as therein provided, so that when amended said second section shall read as follows: Be it enacted by the authority

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aforesaid, That from and after the passage of this Act, and until otherwise provided, the salary of the judge of the said city court of Waycross shall be $1,500 per annum, which shall be paid monthly out of the treasury of said county, and out of the general county funds. Salary of Judge. SEC. 3. Be it further enacted by the authority aforesaid, That the third section of said Act be amended so as to make the salary of the solicitor of the city court of Waycross $1,500 per annum instead of $800 per annum, as in said section provided, so that when said third section is amended it will read as follows: That from and after the passage of this Act, and until otherwise provided, the salary of the solicitor of the city court of Waycross shall be $1,500 per annum, which shall be paid monthly out of the treasury of the said county of Ware, and out of the general fund, and the solicitor of said city court shall receive no other compensation whatever for services rendered in criminal cases in the said city court of Waycross. Salary of Solicitor. SEC. 4. Be it further enacted by the authority aforesaid, That section 4 of said Act be so amended as to allow the clerk of the city court of Waycross the sum of $500.00 per annum for his services rendered in said court in criminal cases, and he shall be allowed in addition to said amount all his costs in civil cases in said court, so that when said fourth section is amended it will read as follows: Be it enacted by the authority aforesaid, That from and after the passage of this Act, and until otherwise provided, the salary of the clerk of the said city court of Waycross shall be $500.00 per annum for his services in all criminal cases in said court, which shall be paid monthly out of the treasury of said county, and out of the general county funds, and in addition to said salary for services to be rendered by said clerk shall receive all fees accruing and allowable to him in civil cases in said court. Clerk, salary and fees. SEC. 5. Be it further enacted by the authority aforesaid, That so much of the Act creating the city court of Waycross, approved December 11, 1897, and so much of the amendments thereof in the Act approved July 30, 1903, and so much of the Act approved August 23, 1905, as is in conflict with the provisions of this Act, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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WRIGHTSVILLE, CITY COURT OF ABOLISHED. No. 198. An Act to repeal an Act approved December 23, 1898, entitled an Act to establish the city court of Wrightsville, in Johnson county; to define its jurisdiction and powers, and to provide for a judge and solicitor, and other officers. Also repeal all amendatory Acts thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the first day of January, 1908, the Act of the General Assembly of Georgia, approved December 23, 1898, entitled an Act to create the city court of Wrightsville, in Johnson county, Georgia, prescribing its jurisdiction and powers and providing for its judges, solicitor and other officers, and for other purposes, be, and the same is, hereby repealed and said city court abolished. City Court of Wrightsville abolished. SEC. 2. Be it further enacted, That the business of said city court, after the first day of January, 1908, be transferred to the superior court of said county, and there to be tried as required by law, and that the criminal business thereof shall be tried as speedily as possible, and the fees earned by the officers of said court previous to said transfer shall be paid to them by the solicitor-general of the Middle circuit out of the funds and forfeitures coming from said criminal business. Business transferred to Superior Court. The solicitor-general shall keep the fund arising from business separate and distinct from the other fund in said county, and that the officers whose duty it is to handle and keep the fund in the city court of Wrightsville may return any balance in his hands to cover his cost in said city court. SEC. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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CHARLTON COUNTY, CLERK COUNTY COURT. No. 104. An Act to amend the county court laws as regards Charlton county, so as to provide that the clerk of the superior court of said county shall be ex-officio the deputy clerk of the county court of said county; to prescribe and fix his compensation, etc., and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the county court laws as regards Charlton be, and the same are, amended as hereinafter provided. County Court of Charlton county. SEC. 2. Be it further enacted, That the clerk of the superior court of said county of Charlton shall be ex-officio the deputy clerk of the county court of said county, and he shall perform all the duties of the clerk of said court and be entitled to all fees as such, and he shall have all the powers usually belonging to clerks of courts, particularly those set out in section 4187 of volume 2 of the Code of Georgia of 1895. Deputy Clerk. SEC. 3. Be it further enacted, That the judge of said county court is hereby empowered to exercise the same authority over said clerk as is exercised by the judges of the superior courts of this State over the clerks of such courts. Authority of Judge. SEC. 4. Be it further enacted, That the fees and costs of said deputy clerk in civil cases shall be those given to the county court judge by section 4217 of volume 2 of the Code of Georgia of 1895, and also fifty cents for issuing each execution, and ten cents for issuing each subpoena. Said deputy clerk shall be entitled to collect the following fees and costs in criminal cases, to wit: For whole service in each criminal case, three dollars; for issuing each subpoena, ten cents; for issuing jury scrips, each, ten cents; for recording all orders of court, each, fifty cents; for recording forfeiture of bonds, ninety-five cents; for issuing scire facias after forfeiture, original, one dollar, and for each copy of same, fifty cents. Where no compensation is provided by law for a service performed by said deputy clerk, then and in such event his fees for same shall be fixed by the county judge. Fees of Deputy Clerk. SEC. 5. Be it further enacted by authority aforesaid, That all costs due said deputy clerk which have not been collected by reason of insolvency, nolle prosequi, discharge of defendant or

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otherwise, shall be paid said deputy clerk from fines, convict hire and forfeitures paid to the county treasurer from cases tried and convicted in said county court. Insolvent costs. SEC. 6. Be it further enacted, That all bills of insolvent costs accruing to said deputy clerk shall be ordered paid by the judge of said county court, and the county treasurer of said county shall be, and he is, hereby authorized and required to pay the same out of the funds specified in section 5 of this Act. How paid. 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 22, 1907. CLAY COUNTY, COUNTY COURT ABOLISHED. No. 287. 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 Clay; 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 Clay, and the county court of Clay 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 Fort Gaines, in and for the county of Clay. County Court of Clay 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 Fort Gaines, in whcih said city court such cases shall stand for trial and final disposition. Records, etc., transferred to City Court of Fort Gaines. 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 Fort Gaines, or his deputy, and all issues or claims raised by reason of enforcement of said

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fi. fas., or other final processes, shall be returned to the city court of Fort Gaines 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 Fort Gaines, 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 22, 1907. JENKINS COUNTY, COUNTY COURT OF ABOLISHED. No. 47. And Act to abolish the county court of Jenkins 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 Millen, 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 from and after the taking effect of this Act, as hereinafter provided, the county court of Jenkins county, in and for said county, be, and the same is, hereby abolished. County Court of Jenkins county abolished. SEC. 2. Be it further enacted, That all business now pending in said county court of Jenkins county shall be, and is, hereby transferred to the city court of Millen, in and for the said county of Jenkins, 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 Millen, in and for the said county of Jenkins, to be disposed of by said city court as provided in the Act establishing the city court of Millen. Business transferred to City Court Millen. SEC. 3. Be it further enacted, That this Act shall not take effect until the Act establishing the city court of Millen shall become a law. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1907.

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MACON COUNTY, COUNTY COURT OF ABOLISHED. No. 112. An Act to repeal sections numbers 4170 to and including 4217 of the Code of Georgia of 1895, so far as the same relates to the county of Macon, and thus to abolish the county court of said county of Macon; to provide for the disposition of all papers, cases and business pending in said county court, and for other purposes SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. That sections numbers 4170 to and including 4217 of the Code of Georgia of 1895, be and the same are, hereby repealed, so far as the same relate to the county of Macon, and the county court of the said county of Macon is hereby abolished on January 1, 1908. County Court of Macon 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 said county court of Macon county be, and the same are, hereby transferred to the city court of Oglethorpe, when said city court is established for trial and final disposition. Business transferred to City Court of Oglethorpe 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 on January 1, 1908. Approved August 22, 1907. NEWTON COUNTY, COUNTY COURT OF ABOLISHED No. 196. An Act to abolish the county court of Newton county, and provide the disposition to be made of the records of said court, and the business now pending in 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 from and after the taking effect of this Act, as hereinafter provided, the county court of Newton county in and for said county and State be, and the same is, hereby abolished. County Court of Newton county abolished.

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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 Covington, in, and for said county of Newton, 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 said city court of Covington. Business transferred to City Court of Covington. 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 Covington, in, and for said county of Newton, shall have become a law, and gone into effect, as therein provided. 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 22, 1907. PULASKI COUNTY, FEES OF COUNTY COURT SOLICITOR, ETC. No. 306. An Act to amend an Act approved September 26, 1879, entitled an Act to provide for the appointment of a county solicitor for the county of Pulaski, and to define his duties, and for other purposes, so that when so amended said Act shall provide that the county solicitor shall receive for each person prosecuted in the county court the same fees that the solicitor-general receives for prosecuting similar cases in the superior 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 from and after the passage of this Act, the Act approved September 26, 1879, providing for the appointment of a county solicitor for Pulaski county, and defining his duties, and for other purposes, be and the same is, hereby amended by striking from the third line of the fourth section of said Act the words sum of five dollars, and substituting therefor the words, same fees as solicitors-general receive for like services in the

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superior courts, so that said section when so amended shall read as follows: That the county solicitor shall receive for each person prosecuted in the county court the same fees as solicitors-general receive for like services in the superior courts. County Court of Pulaski county. Fees of 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 22, 1907. QUITMAN COUNTY, OFFICE OF COUNTY SOLICITOR CREATED, ETC. No. 88. An Act to create the office of solicitor for the county court of Quitman county, to prescribe the term of office, fees to be paid, 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 office of the solicitor of the county court of Quitman county be, and the same is, hereby created. County Court of Quitman county, Solicitor for SEC. 2. Be it further enacted by the authority aforesaid, That the solicitor for the county court of Quitman county shall be appointed by the Governor by and with the consent of the Senate for a term of four years, and shall hold his office until his successor is appointed and qualified. The fees of said office shall be the same as those now provided for by law in which he appears in his official capacity before said court and before the Supreme Court of this State. He shall prosecute all criminal cases in said county court and in the Supreme Court in cases of writ of error. The fees paid to said solicitor shall be paid out of the fund arising from fines and forfeitures in said court. Appointment and fees. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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COCHRAN, DISTRICT COURT OF ESTABLISHED. No. 216. An Act to establish the district court of Cochran, in the county of Pulaski, State of Georgia, to define its jurisdiction and powers, to regulate proceedings therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the district court of Cochran be, and the same is, hereby established, to be organized, located and held in the city of Cochran, in the county of Pulaski, with jurisdiction, civil and criminal, in and over the city of Cochran. District Court of Cochran. SEC. 2. Be it further enacted, That said district court shall have jurisdiction to try and dispose of all cases, civil and criminal, and to hear and determine all matters and causes and proceedings, of whatever nature, arising in the limits of said city of Cochran, of which exclusive jurisdiction has not been vested in some other court. Jurisdiction. SEC. 3. Be it further enacted, That there shall be a judge of said district court, who shall preside over said court, and shall exercise all the powers vested in the judges of the superior courts, with such limitations as may be provided in this Act, or imposed by the general laws of the State. The judge shall be at least twenty-five years of age, and shall have had three years' practice as an attorney at law, and must have been a resident of the county one year. He shall receive the same fees as are provided for the judges of the county courts and the same fee is to be taxed in criminal cases as are provided for civil cases, and to be certified as a part of the bill of costs of each case. The city council of the city of Cochran may pay the judge extra fees or salary for services as presiding officer in the police court of said city, which service shall be optional. In all cases arising within said city, the judge shall exercise the powers of a committing magistrate, if it appear upon the trial of the case the accused is guilty of a felony. The judge shall be appointed by the Governor, subject to ratification by the Senate. He shall, before assuming office, subscribe to the following oath: I do solemnly swear that I will, as far as I may be able, faithfully and impartially

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perform all the duties of the office of judge of the district court of Cochran; so help me God. Judge, qualifications, appointment, powers, fees and oath. SEC. 4. Be it further enacted, That the judge shall be the clerk of said court, but a deputy clerk may be appointed to perform all the duties of clerk, and such deputy shall be paid upon terms agreed upon with the judge. Such appointment shall be entered upon the minutes of the court, and such deputy shall take oath to faithfully perform all the duties of the office of clerk, and shall give bond to be approved by the judge in the sum of one thousand dollars, conditioned upon his faithful performance of the duties of his office. The duties of the clerk shall be the same as those of the clerks of the superior courts. Clerk and Deputy Clerk. SEC. 5. Be it further enacted, That there shall be a solicitor of said district court, whose duty it shall be to represent the State in all matters before said court, and to perform duties analogous to those of the solicitors-general of the superior courts. In the absence of the solicitor, or if he is disqualified, the judge shall appoint a solicitor pro tem., which appointment shall be entered on the minutes of the court. The solicitor shall be appointed in the same manner as the judge. He shall be at least twenty-three years of age, and shall have practiced law one year in the county of Pulaski, and shall reside during the term of office in the city of Cochran. Before assuming office he shall subscribe to the following oath: I solemnly swear that I will, as far as I may be able, faithfully and impartially perform all the duties of the office of solicitor of the district court of Cochran; so help me God. The solicitor shall receive such fees as are now, or may hereafter be, provided for the solicitors of the county courts. Solicitor, qualifications, appointment, fees and oath. SEC. 6. Be it further enacted, That the sheriff of the superior court of Pulaski county shall also be sheriff of the district court of Cochran, who shall be responsible to the sheriff for the faithful performance of the duties of the office, and such deputy shall give bond payable to the sheriff in the sum of one thousand dollars, conditioned upon the faithful performance of the duties of the office. He shall attend upon the sessions of the court and serve all processes and legal papers of the court. The sheriff, or deputy, shall have authority in and over the county of Pulaski to serve any legal paper upon any person in said county, issuing from the district court, and such service shall be legal and valid. The fees of the sheriff, and deputy, shall be the same as those provided, or which may hereafter be provided, for the bailiff of the county court. Sheriff.

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SEC. 7. Be it further enacted, That the term of office of all officers of the said court shall be two (2) years. All officers shall be amenable to the same processes as are the officers of the superior courts and shall be subject to the authority of the judge, in the same manner as in the superior courts. Officers, terms of. SEC. 8. Be it further enacted, That said court shall be a court of record, with a seal, and that minutes, records, dockets, and other books required to be kept in the superior courts, shall be kept in said city court in the same manner. The clerk shall record all writs, processes, pleadings, and proceedings in said district court, and shall be entitled to collect therefor the same fees as do the clerks of the superior courts, which fees shall belong to the judge of said court. Court of record. SEC. 9. Be it further enacted, That said district court shall convene in regular sessions on the third Monday in each of the following months, viz.: January, March, May, July, September, and November, at which sessions both civil and criminal business may be disposed of. All cases shall be tried with juries, unless jury trials are expressly waived. Juries shall be provided for each term whenever, in the judgment of the court, it is necessary to dispose of cases in which juries are required. For the disposition of criminal cases, in which jury trial is waived, the court shall be open at all times. A jury panel shall consist of twelve men, six of whom shall be competent to try any case. The same method shall be observed for drawing juries, as is provided for the justices courts, and the jury box shall contain the names of all citizens of the city of Cochran, who are liable for jury duty in the superior court. The judge of the district court may in vacation, not less than fifteen days before the term at which they are to serve, in the presence of the clerk, sheriff or deputy draw juries. In civil cases each side shall have three strikes. In criminal cases the defendant shall have four, and the State two strikes. In all other respects the rules of the superior court shall control as to qualifications, relations, exemptions, empaneling, challenging, and fining jurors. Terms of court. Juries. SEC. 10. Be it further enacted, That pleadings, writs, processes, and practice in said court shall be the same as in the superior courts, except as otherwise provided, and all such writs, processes, judgments, and acts of, and in, said court shall have the same force and effect as similar acts of the superior courts. In all cases, process shall be served not less than fifteen days before term to which returnable. Procedure SEC. 11. Be it further enacted, That defendants in the said

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court may be tried upon accusation, explicitly stating the offense charged, based upon affidavit made by the prosecutor and the accusation shall be signed by the solicitor and the prosecutor. The defendant shall not be entitled to demand an indictment by the grand jury, but shall be tried upon accusation. Upon accusation being filed with the clerk of the city court, the judge shall cause to issue a warrant for the arrest of the accused, directed to the sheriff and deputy sheriff of the district court, and to all and singular the sheriffs, constables, and marshals of said State. The procedure in civil and criminal cases shall be the same as in the superior court, except as otherwise provided by this Act, or the laws of the State. Upon the arrest of any person accused, the judge shall order the accused brought before him, and if the accused waives a trial by jury, the court may proceed with the trial, but shall allow both sides reasonable time for preparation. If the accused demands a trial by jury, bail shall be fixed pending trial, or, failing to make bond, accused shall be remanded to jail. Accusation and arrest. SEC. 12. Be it further enacted, That the judge of the superior court of Pulaski county shall, at the close of each session of the superior court, hand down to the district court of Cochran for trial all misdemeanor cases where the offense is charged to have been committed within the jurisdiction of the district court of Cochran. All justices of the peace, and ex-officio justices of the peace shall bind over to the said court all persons brought before them charged with having committed a misdemeanor within the limits of the city of Cochran. Transfers from Superior Court. Appearance bonds. SEC. 13. Be it further enacted, That if for any reason the judge of said court shall be disqualified to preside in any case, the judges of the city court and county courts of the State may preside in his stead; and the same rules for judges pro hac vice shall apply as are provided for the superior courts. Judge, pro hac vice. SEC. 14. Be it further enacted, That a jury fee of two dollars shall be taxed as a part of the costs of each case. For each day's service on the jury in said court, each juror shall be paid the sum of one dollar, for which the clerk of said court shall draw his warrant upon the treasurer of Pulaski county. All costs, forfeitures, fines, and fees arising from the business of said court shall be collected by the sheriff or his deputy, and paid over to the judge of said court, who shall pay the same into the treasury of Pulaski county. The costs and fees of all officers of said court shall be paid by the treasurer of Pulaski county. upon warrant of the clerk, endorsed by the judge. Per diem of jurors. Fines, forfeitures and costs.

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SEC. 15. Be it further enacted, That the sheriff may use jail of the city of Cochran, or the common jail of the county of Pulaski, for the purposes of the court, the expenses of keeping prisoners to be paid out of the funds of the court, as the other fees are paid. All convicts of said court shall be turned over to the authorities of Pulaski county, to be used as the other convicts of the county are used, and the said authorities shall receive them. Prison, convicts. SEC. 16. Be it further enacted, That there shall be no appeal from said court to the superior court, but all errors committed in the trial of causes in said court, or in any of the proceedings of said court, shall be corrected by the writ of certiorari returnable to the superior court of Pulaski county, to be issued and determined, as other certioraries are now, or may hereafter be, determined. The judge of said district court shall answer all writs of certiorari within thirty days after the same have been served upon him, or as soon thereafter as he may be able, in cases where from providential cause he is unable to answer within thirty days. Certiorari. SEC. 17. Be it further enacted, That the sessions of said court shall be held in the court-house in the city of Cochran provided for the justice court in said city, or the city of Cochran may provide other quarters for said court. The place of holding said court may be changed by the judge on giving thirty days notice of such changenotice being posted in the post office and at two other public places in the city of Cochran. Court-house. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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TITLE II. MISCELLANEOUS. ACTS. Baker county, license fee for selling liquor. Ben Hill county, commissioners of roads and revenues. Bryan county, board of commissioners created. Carroll county, board of commissioners created. Chatham county, protection of public roads, etc. Chatham county, fees of magistrates and constables. Chatham county, militia districts defined. Chattooga county, Chelsea school district incorporated. Cobb county, board of commissioners created. Coweta and Meriwether, Haralson school district incorporated. Emanuel county, compensation of road commissioners. Emanuel and Johnson counties, Tom school district incorporated. Fayette county, fishing laws repealed. Floyd county, public hospital established. Franklin county, board of commissioners abolished. Franklin county, commissioners of roads and revenues. Fulton county, issue of bonds authorized. Grady county, description of corrected. Grady county, board of commissioners. Greene county, board of commissioners created. Greene county, board of commissioners abolished. Gwinnett county, road overseers compensation. Gwinnett county, road commissioners. Habersham county, sawdust in streams. Heard county, board of commissioners created. Irwin county, road commissioners. Irwin county, county site changed to Ocilla. Johnson county, motor machines, running of regulated. Lee county, board of commissioners abolished. Lee county, board of commissioners created. Marion county, board of commissioners. Meriwether county, board of commissioners. Mitchell county, board of commissioners. Mitchell county, license fee for selling liquor. Monroe county, board of commissioners created. Pike county, board of commissioners. Richmond county, board of commissioners created. Richmond county, compulsory education. Richmond county, board of education. Richmond county, traffic in seed cotton. Screven county, license fee to sell liquor. Screven county, license to sell liquor. Screven county, sale of liquor.

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Screven county, license to sell liquor. Screven county, sale of seed cotton. Spalding county, improvement of roads and bridges. Stephens county, drainage. Tift county, board of commissioners. Tift county, license to sell liquor. Toombs county, public roads. Union county, fishing law repealed. Wilcox county, Pineview school district, charter repealed. Wesleyan Female College, grounds of. BAKER COUNTY, LICENSE FEES FOR SELLING LIQUOR. No. 9. An Act to fix the annual license fee for retailing or wholesaling, vending, bartering or giving away, for the purpose of inducing trade, spirituous, vinous or malt liquors, or any other kinds of liquors which, if used to excess, will produce drunkenness, in the county of Baker, at and for the sum of thirty thousand ($30,000) dollars; and to provide a penalty for the violation of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after January 1, 1908, the annual license fee to sell, vend, barter or give away, for the purpose of inducing trade, in any quantity whatever in the county of Baker, any spirituous, vinous or malt liquors, or any other liquors which, if drank to excess, will produce drunkenness, shall be thirty thousand ($30,000) dollars. Baker county, license to sell intoxicants. SEC. 2. Be it further enacted by the authority aforesaid, That neither the county authorities of the county of Baker, nor the municipal authorities of any of the incorporated cities, towns or villages in said county of Baker shall grant or issue any license to any person or persons, or corporation or corporations, either private or public, to sell, vend, barter or give away, for the purpose of inducing trade, any spirituous, vinous, malt liquors or any other liquors which, if drank to excess, will produce drunkenness, in any quantity whatever, in the county of Baker, until the person applying for the same shall have paid into the county treasury of said county, said license fee of thirty thousand ($30,000) dollars, and have complied with all laws regulating the sale of intoxicating liquors in this State. Payment of license fee.

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SEC. 3. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person or persons, corporation or corporations, private or public, by himself or agent, directly or indirectly, to sell, vend, barter, exchange, furnish or supply any spirituous, vinous or intoxicating or malt liquors, or any other liquors which, if drank to excess, will produce drunkenness, in any quantity in said county of Bakerfor a valuable consideration, or give away any such liquors for the purpose of inducing trade, without first paying said license fee as fixed in this Act. Sales without license prohibited. SEC. 4. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to prevent the sale of domestic wine made in said county, on lands owned or rented by the party offering said wine for sale and made by him. Domestic wines. SEC. 5. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed in sections 1039 of the Penal Code of Georgia of 1895. Violation a misdemeanor. 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 7, 1907. BEN HILL COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 156. An Act to prescribe the duties and powers of the commissioners of roads and revenues in and for Ben Hill county, to fix their salary and respective terms of office, to provide methods for the election of the successors of such 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, that the commissioners of roads and revenues in and for said county, to wit: William R. Bowen, H. M. Warren and W. R. Walker, who were elected as such county commissioners on the first

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Tuesday in January, 1907, as provided in the Act creating the county of Ben Hill, approved July 31, 1906, be and are hereby constituted commissioners of roads and revenues in and for the county of Ben Hill, State of Georgia. Ben Hill county. Commissioners of roads and revenues. SEC. 2. Be it further enacted by the authority aforesaid, That the term of office of said commissioners shall continue to the first day of January, 1911, and until their successors are elected and qualified. Term of office. SEC. 3. Be it further enacted by the authority aforesaid, That each of the persons hereinbefore named as county commissioners, and such persons as may hereafter be elected as such county commissioners shall, before entering upon the performance of their duties, take and subscribe before the judge of the superior court of said county or the ordinary of said county, an oath to faithfully perform the duties of a commissioner of roads and revenues under this Act and the laws of this State. Oath of commissioners. SEC. 4. Be it further enacted by the authority aforesaid, That said board of county commissioners and their successors are hereby empowered to exercise jurisdiction over all county matters, set forth by general enactment, as well as all matters specially mentioned in this Act. That said board of county commissioners shall hold their regular meetings on the Monday in each month at the court-house, or some other convenient place in the county of Fitzgerald, beginning on the Monday in August, 1907; provided, that the regular time of meeting may be changed to some other day of the month by order on their minutes, of which due notice shall be given by publication in the official newspaper of said county; and provided further, said commissioners may hold separate sessions at any time they may see fit and proper, or may be called together by the chairman of said county board for county purposes. Jurisdiction and meetings of board. SEC. 5. Be it further enacted by the authority aforesaid, That a majority of said commissioners shall constitute a quorum to transact business or exercise any powers herein delegated pertaining to the duties of said commissioners. Quorum. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners, at their first meeting, shall elect one of their number a chairman, whose duty it shall be to preside at all meetings and to sign as such chairman all orders and processes of said commissioners, and such chairman shall have the right to make or second motions just as any other member of the board. Chairman. SEC. 7. Be it further enacted by the authority aforesaid,

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That said board of commissioners shall have exclusive jurisdiction when sitting for county purposes over the following subject matters, to wit: In building and controlling all property of the county as they may deem expedient according to the law Second. In levying a general tax for general purposes and special taxes for particular or special powers, according to the provisions of the Code and special enactments of the General Assembly. Third. In establishing, altering, building and abolishing all public roads, bridges and ferries in the county of Ben Hill, in conformity to law. Fourth. In establishing and changing election precincts and lines of militia districts. Fifth. In examining, settling and allowing all claims against the county of Ben Hill. Sixth. In examining and auditing the accounts of all county officers who receive or pay out moneys of the county or State and concurrent jurisdiction in or renewing, either by themselves or their appointees, all records of all county officers as required to be kept by law. Seventh. In making such rules and examining, settling and allowing all claims against the county of regulations for the support and maintenance of the poor of the county of Ben Hill, and for the promotion of health, as are permitted by law and to them may seem right and proper. Eighth. And to regulate peddling and fix the cost of license therefor, not in conflict with law. Jurisdiction of board. SEC. 8. Be it further enacted by the authority as aforesaid, That said commissioners shall furthermore have power to exercise exclusive and original jurisdiction and control in Ben Hill county over all county matters that are now vested by law in the ordinaries of the various counties of the State. so far as relating to public roads, bridges, public buildings, property, misdemeanor convicts, management of the county jail and its fees, the control and maintenance of its paupers, assessing and collecting taxes, disbursing public money for county purposes, and the execution of all laws in reference thereto. Jurisdiction of board. SEC. 9. Said county commissioners are hereby empowered to establish and maintain a county chaingang for the misdemeanor convicts of said county, and to work the same upon the public roads and other public works of the county. Chaingang. SEC. 10. Be it further enacted by the authority aforesaid, That the treasurer of said county shall not disburse or pay out any of the funds from the county treasury on any order, unless the same shall have been signed by the chairman of said board and the clerk; provided, this shall not apply to jury scrip, and such orders drawn by the judge of the superior court, in which he has exclusive jurisdiction. County funds, how disbursed.

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SEC. 11. Be it further enacted by the authority aforesaid, That the board of commissioners may elect their own clerk and attorney with such pay as the board may allow, and it shall be the duty of said clerk to attend all meetings of the commissioners, and keep in a well bound book, to be provided at the expense of the county, full and accurate records of minutes of all their transactions, to file, in order of their date, all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners and to record all orders given or approved by said commissioners, for the payment of money by the county treasurer, and all books, files and records by this Act required to be used or kept, shall always be open at the county site for the inspection of any taxpayer of the county on demand. Clerk and Attorney. Duties of Clerk. SEC. 12. Be it further enacted by the authority aforesaid, That said board of commissioners shall require said clerk, before entering upon the discharge of his duties, to take the same oath taken by them, and enter into bond with good security, payable to said commissioners and their successors in office, conditioned to well and truly do and perform the duties of said office, such bond to be in the sum of $1,000, and to be approved by said board. Oath and bond of Clerk. SEC. 13. Be it further enacted by the authority aforesaid, That it shall be the duty of the sheriff of said county to attend all meetings of said board, and to serve all processes, orders, writs, or notices issued by said board, for which services said sheriff shall receive such compensation as may be agreed upon by him and such board; provided, however, that if such board and the sheriff can not agree as to the compensation he is to receive in said court, then said board shall have the right to appoint a special bailiff to serve them, paying him such compensation as they may deem just and right. Sheriff. SEC. 14. Be it further enacted by the authority aforesaid, That said commissioners shall receive not more than two ($2.00) dollars per day each while occupied and engaged at regular and special sessions in transacting business for county purposes, to be paid by the treasurer of the county on an order drawn by the order of the board and signed by the chairman and clerk; and said commissioners shall be exempt from road, jury and military duty, and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. Per diem of commissioners. SEC. 15. Be it further enacted by the authority aforesaid,

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That on the first Wednesday in October, 1910, and every four years thereafter there shall be elected three commissioners of roads and revenues in and for said county, who shall hold office for a term of four years from and after the first day of January following such election and until their successors are elected and qualified. Election and term of commissioners. SEC. 16. Be it further enacted by the authority aforesaid, That all vacancies in said board of commissioners of roads and revenues shall be filled by the remaining commissioners. Vacancies. SEC. 17. Be it further enacted by the authority aforesaid, That said commissioners shall be commissioned by the Governor as provided by law for other county officers. SEC. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are, hereby repealed. Approved August 22, 1907. BRYAN COUNTY, BOARD OF COMMISSIONERS CREATED. No. 81. An Act to provide for the creation of a board of county commissioners for the county of Bryan, to prescribe their powers and duties, to provide for the establishment of a convict chaingang by said commissioners and for the working of the same upon the public roads; to give said board power to levy a special property tax for road purposes, as now provided by law for said county; to provide for the employment of a county superintendent of roads and bridges and subordinate officers; for building, repairing and controlling of all county property; establishing, altering, repairing and abolishing roads, bridges and ferries in the county; establishing and changing any militia districts and precincts; and to have charge of all county property and county affairs generally. All the rights and powers of the road commissioners of Georgia are vested in the county commissioners, the county judge to be a member of said board, the other members to be appointed by the grand jury of said county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of same, That from and after the first day of September, 1907, there shall be a board of five county commissioners in, and for the county of Bryan, one of whom shall be the county judge of said county and the other members to be appointed by the grand jury of said county, at the term of the superior court preceding the expiration of the term of office of each and every board of commissioners so appointed and qualified and to hold office, two years from the date of their appointment and qualification and until their successors are appointed and qualified; provided, however, that the county judge shall continue as a member of said board, during the term of his office only; and it is further provided, nevertheless, that A. J. Brown, W. L. Speir, L. D. Todd and T. S. Sullivan be, and they are, hereby appointed members of said board with the county judge, to serve until their successors are appointed and qualified; all the members of said board must be competent to hold office in the county of Bryan. Bryan county, board of county commissioners. SEC. 2. Be it further enacted, That the county judge of Bryan county, shall be chairman of said board, and shall keep in a well bound book proper files and full and complete record of all the actings and doings of said board. Chairman. SEC. 3. Be it further enacted, That the said board shall have full and complete control of the county property, and of the paupers and pauper fund of the county, and the county roads and bridges and of the convicts of said county, and all the county business shall be transacted by said board as heretofore has been done by the county judge. Powers of board. SEC. 4. Be it further enacted, and it is hereby declared to be the main purpose of this Act, to secure for the county of Bryan good roads and bridges, and to this end the said board is hereby empowered and authorized to adopt the best plans practicable for the carrying into effect whatever system of road-workings may be of force or which may hereafter be adopted in said county and to this end may organize a chaingang, may hire such convicts from other counties as they think best, may apply to the State for such of the felony convicts as are allowed by law, and may employ a county superintendent of roads and bridges and other subordinate officers, and may purchase such road and bridge machinery or material for road and bridge building as they think best and necessary, for the purpose of carrying out the provisions of this Act. Roads and bridges. Chaingang.

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SEC. 5. Be it further enacted by the authority aforesaid, That said board shall have the authority to establish, build, repair, alter or abolish roads, bridges and ferries. Roads and bridges. SEC. 6. Be it further enacted by the authority aforesaid, That said board shall have the authority to establish militia districts in said county, change the line of militia districts, and to change precincts. Militia districts. SEC. 7. Be it further enacted by the authority aforesaid, That the majority of said board, voting for a measure shall be necessary to its adoption, and the majority of said board shall constitute a quorum for the transaction of all business. Quorum. SEC. 8. Be it enacted by the authority aforesaid, That said board shall have the authority to elect a clerk, or to require one of their members to act as clerk, and to fix the compensation for said clerk's services. Clerk. SEC. 9. Be it further enacted by the authority aforesaid, That from and after the passage of this Act all the rights, powers and authority vested in the road commissioners of this State, are hereby vested in said county commissioners, for the purpose of enforcing the road law, with the additional authority as provided in this Act, and that all persons subject to road duty shall be subject to the orders of said county commissioners, for the working of roads under the same provisions as now provided by law for road commissioners, and to hear and determine upon all cases of default or other violations of the road laws within their jurisdiction; and to collect all road taxes as now provided by law; it being the purpose of this Act to vest in the county commissioners all the power and authority now vested in the road commissioners of Georgia. Powers of board. SEC. 10. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the services of the road commissioners of Bryan county are hereby suspended, and their duties vested in the county commissioners. Road commissioners. SEC. 11. Be it further enacted by the authority aforesaid, That said commissioners, with the exception of the county judge, shall be appointed one from each of the four militia districts of said county of Bryan, as now layed out, and in the event of the creation of other militia districts in the county the commissioners shall be appointed as near as possible from the section of the county now embraced in the present four militia districts. Appointment of commissioners. SEC. 12. Be it further enacted by the authority aforesaid, That any vacancy in said board, caused by death or otherwise, shall be filled by said board, or a majority of the board, and the

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person thus appointed shall hold his position until the next regular appointment and qualification of his successor. Vacancies. SEC. 13. Be it further enacted by the authority aforesaid, That said board shall meet on the first Monday in January, April, June, September and December of each year, unless called to meet oftener by the chairman. Meetings of board. SEC. 14. Be it further enacted by the authority aforesaid, That the members shall be paid two dollars ($2.00) per day for their services for each day spent in the service of the county as such commissioners. Per diem of commissioners. 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 22, 1907. CARROLL COUNTY, BOARD OF COMMISSIONERS CREATED. No. 309. An Act to create a board of commissioners of roads and revenue for the county of Carroll; to define their powers and duties, and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That if this Act is ratified as hereinafter provided, a board of commissioners of roads and revenues for the county of Carroll is hereby created, to consist of five members elected as hereinafter provided. Carroll county, commissioners of roads and revenues. SEC. 2. Be it further enacted, That for the purposes of this Act the county of Carroll shall be divided into five sections. The first section shall be composed of the following militia districts, to wit: 1297, 729, 1542, 1122 and 642. The second section shall be composed of the following militia districts, to wit: 649, 1496, 1152, 1436 and 1240. The third section shall be composed of the following militia districts, to wit: 1006, 1111, 1310, 1533 and 1527. The fourth section shall be composed of the following militia districts, to wit: 713, 1163, 1483, 682 and 1541. The fifth section shall be composed of the 714 and 1371 militia districts. Sections of county.

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SEC. 3. Be it further enacted, That at the October term, 1907, of the superior court of said county, the grand jury thereof shall from the qualified voters of said county elect one person from each of said sections as commissioner of roads and revenues of said county, who shall hold office for four years and until their successors are elected and qualified. And every four years thereafter the grand jury of said county shall elect a commissioner from each of said sections to succeed those whose term of office expires; and if a vacancy occur in the office of commissioner before the expiration of the term, the next grand jury or any subsequent grand jury shall fill such vacancy for the remainder of the term. Commissioners, how elected SEC. 4. Be it further enacted, That said commissioners shall convene at the court-house in said county on the first Tuesday in November, 1907, and after taking an oath before the ordinary of said county to faithfully discharge their duties as such commissioners, shall organize by electing one of their number chairman, and they may also, from the citizens of said county, elect a clerk, who shall hold office during their pleasure, discharge such duties as they may prescribe, and receive such reasonable compensation as they may fix. Organization. SEC. 5. Be it further enacted, That the regular meetings of said board shall be at ten o'clock a.m. on the first Tuesdays in each month, and continue until the business before them is disposed of; they may hold adjourned and called meetings when a majority of them so determine. They shall for their services be paid two dollars per day, each, for every day actually engaged, out of the treasury of said county, and for expenses incurred by them they shall be paid such sums as the grand jury of said county may recommend upon an itemized statement thereof. Meetings and per diem of commissioners. SEC. 6. Be it further enacted, That said board shall have exclusive jurisdiction over all such county matters as the inferior court had prior to the adoption of the Constitution of 1868, when sitting for county purposes, and over all county matters concerning county property, county taxes, the establishing and changing militia districts and election precincts, auditing and allowing claims against the county, the examining, auditing and settling the account of all county officers, making rules and regulations for the government and support of the poor of the county, establishing, altering and abolishing roads and bridges, levying and collecting of road tax, working the public roads and fixing the commutation tax of those subject to road duty, and removing obstructions from the public and private roads. Jurisdiction.

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SEC. 7. Be it further enacted, That a majority of said board shall constitute a quorum to transact business, but the concurrence of such majority shall be necessary to pass any order, judgment or resolution. Said board may, however, authorize the different commissioners to exercise certain authority over the roads and bridges of their respective sections during the recess of the board, and the action of such commissioner shall be taken as the action of the board. Quorum. SEC. 8. Be it further enacted, That said board, shall, at each term of the superior court of said county, lay before the grand jury an itemized statement of all money received and paid out by them during the preceding six months, together with a statement of any outstanding indebtedness of the county, and shall submit to them their books and vouchers for examination. Reports to grand juries. SEC. 9. Be it further enacted, That this Act shall not go into effect until ratified by a majority of those voting at an election to be held in said county on the eleventh day of September, 1907, which election shall be held as elections for members of the General Assembly and all persons qualified to vote for members of the General Assembly shall be entitled to vote at said election. Those voting for the ratification of this Act shall have on their ballots the words For commissioners, and those opposed to the ratification of this Act shall have on their ballots the words Against commissioners. The managers shall consolidate the vote as in other elections and declare the result, and if a majority of the legal votes cast at said election be For commissioners, then this Act shall become operative, and the board of commissioners herein provided for shall become vested with the powers enumerated herein on the first Tuesday in November, 1907. Ratification SEC. 10. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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CHATHAM COUNTY, PROTECTION OF PUBLIC ROADS, ETC. No. 12. An Act to protect public bridges, roads, culverts, and the trees and shrubbery on and along the rights of way of the public roads of Chatham county; to make it unlawful to throw broken glass, bottles or any other obstructions in or upon said public roads; to protect the culverts and drains leading into the same along said public roads; to prevent the disturbing or removing of any dirt, sand or paving material from said road beds; 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 the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to deface, injure or destroy any public bridge or culvert of Chatham county, or to print or paint signs of any nature upon any such bridge or culvert of said county. Chatham county, bridges and culverts. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to disturb or remove from the public road beds or highways of said county, any dirt, sand or paving material, or to make any excavations upon said road beds or highways without first obtaining permission in writing from the county commissioners of said county. Public roads. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to cast, throw, or place any broken glass, bottles, or any other obstructions whatever in or upon the public roads of said county. Public roads. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to obstruct in any manner the ditches, drains, or culverts along the public roads of said county. Ditches and drains. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to trim, cut, deface or destroy, or to print, paint or tack signs of any nature or kind whatever upon any trees or shrubbery along and upon the rights of way of any of the public roads of said county. Trees and shrubbery. SEC. 6. Be it further enacted by the authority aforesaid, That the sheriff, his deputies or any lawful constable or bailiff shall have power and authority to arrest any one they see or

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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 higher court as is prescribed in the Penal Code of Georgia. Arrests. SEC. 7. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. Misdemeanor. 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 7, 1907. CHATHAM COUNTY, FEES OF MAGISTRATES AND CONSTABLES. No. 10. An Act providing for the fees and charges of magistrates and constables in Chatham county in all criminal matters. SECTION 1. Be it enacted, That from and after the passage of this Act, it shall be unlawful for any magistrate or constable in Chatham county to charge or receive any fee of any kind for any service of any character connected with any criminal case or bond therein, except such fees as are expressly provided for by the general law of the State fixing the fees of justices of the peace and constables in criminal cases, and that these officials in Chatham county shall collect their fees in the manner provided for by the general law of the State. Chatham county, fees of magistrates and constables. 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 7, 1907.

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CHATHAM COUNTY, MILITIA DISTRICTS DEFINED. No. 210. An Act to amend an Act to define and declare and make plain the bounds and limits of the militia districts in Chatham county, which lie outside the city of Savannah, approved September 12, 1881, and published in the Acts of the General Assembly of the State of Georgia of 1880-81, page 654, by striking out all of said Act after the word follows, in the fourth line down to the word provided, in the nineteenth line of said Act, and by substituting in lieu of said parts of said Act so stricken the following words: All the territory in Chatham county eastwardly of the corporate limits of the city of Savannah, and all the territory eastwardly of the railroad known as the Savannah Electric Company, which runs to Sandfly Station, and thence to Montgomery, and from Montgomery along Vernon River to Houston's Creek, and along Houston's Creek to Little Ogeechee River, and along said river to Rockfish Creek, and on said creek to Great Ogeechee River (excluding, however, all of the village of Montgomery, but including all of the islands eastwardly and southwardly of said lines, and including the right of way of said Savannah Electric Company), shall be the fifth militia district. All the territory in Chatham county lying westwardly and northwardly of said fifth district territory up to the Atlantic Coast Line Railroad, including the right of way of said railroad, and also including all the islands in said territory, shall be the sixth militia district. All the territory in Chatham county lying between the said Atlantic Coast Line Railroad and the Savannah and Ogeechee Canal, including the right of way of said canal, shall be the seventh militia district. All the territory in Chatham county lying westwardly and northwardly of the Savannah and Ogeechee Canal to the county line between Chatham county and Effingham county, and including all the islands in said territory in the Great Ogeechee River, and in the Savannah River, including Hutchison's Island and all other islands lying northwardly and westwardly of the corporate limits of the city of Savannah, shall be the eighth militia district. The lines of the said militia districts as herein defined being hereby made to conform to said lines as shown upon the map of Chatham county compiled for the commissioners of said county and ex-officio

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judges by T. M. Chapman, C. E., Victor G. Schreck, Abstractor, G. Reuben Butler, Clerk C. C. C., and W. F. Brown, county engineer, which said map was adopted by the said commissioners and ex-officio judges on April 11, 1907, and a copy of which map is of file in the offices of the Secretary of State, so that said Act as hereby amended shall read as follows: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the militia districts in Chatham county outside the limits of the city of Savannah shall be as follows: All the territory in Chatham county eastwardly of the corporate limits of the city of Savannah, and all of the territory eastwardly of the railroad known as the Savannah Electric Company, which runs to Sandfly Station, and thence to Montgomery, and from Montgomery along Vernon river to Houston's creek and along Houston's creek to Little Ogeechee river, and along said river to Rockfish creek, and on said creek to Great Ogeechee river (excluding, however, all of the village of Montgomery, which is hereafter put in the sixth district, but including all of the islands eastwardly and southwardly of said lines, and including the right of way of said Savannah Electric Company) shall be the fifth militia district. All the territory in Chatham county lying westwardly and northwardly of said fifth district territory up to the Atlantic Coast Line Railroad, including the right of way of said railroad, and also including all the islands in said territory, shall be the sixth militia district. All the territory in Chatham county lying between the said Atlantic Coast Line Railroad and the Savannah and Ogeechee Canal, including the right of way of said canal, shall be the seventh militia district. All the territory in Chatham county lying westwardly and northwardly of the Savannah and Ogeechee Canal to the county line between Chatham county and Effingham county, and including all the islands in the Great Ogeechee river, and in Savannah river, including Hutchison's Island and all other islands lying northwardly and westwardly of the corporate limits of the city of Savannah, shall be the eight militia district. The lines of the said militia districts as herein defined being hereby made to conform to said lines as shown upon the map of Chatham county compiled for commissioners of said county and ex-officio judges by T. M. Chapman, C. E., Victor G. Schreck, Abstractor, G. Reuben Butler, Clerk C. C. C., and W. F. Brown, county engineer,

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which said map was adopted by the said commissioners and ex-officio judges on April 11, 1907, and a copy of which map is of file in the office of the Secretary of State; provided, that nothing contained in this Act shall be construed to affect the jurisdiction of any justice of the peace in said county of any cause already commenced and now pending before him. Chatham county, militia districts defined. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved August 22, 1907. CHATTOOGA COUNTY, CHELSEA SCHOOL DISTRICT INCORPORATED. No. 89. An Act to incorporate the Chelsea school district in Chattooga county, Georgia; to define the boundaries of the same; to regulate the management of schools in said district; to provide revenue and the distribution of the same for said school; to provide for the election of five trustees and to confer on them certain powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the management and control of all the schools in the Chelsea district be vested in five men, who shall constitute a board of trustees of the Chelsea school district, and by that name and style shall have perpetual succession and a common seal, and shall have the power to purchase, have hold, receive, enjoy, possess and retain to them and their successors in office for school purposes any estate, real or personal, of whatever kind or name within the jurisdiction limits of said district (as hereinafter described) and shall by said name be capable of suing and being sued in any court of law or equity in this State. Chattooga county, [Illegible Text] school district, board of [Illegible Text] for incorporated. SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, That the incorporate limits of said school district shall include all the territory lying in the county of Chattooga, State of Georgia, which is embraced in lots of land, numbers 62, 89, 83, 82, 84, 98, 99, 100, 101, 120, 121, 113, 114,

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115, 116, 117, 118, 119, 132, 133, 134, 135, 136, 137, 138, 139, 140, 150, 152, 153, 154, 156, 157, 170, 171, 172, 173, 174, 175, 187, 188, 189, 190, 191, 207, 208, 209, and 224, all in the thirteenth district of the fourth section of said Chattooga county and State of Georgia. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That C. D. Harper, P. H. Brooks, T. J. Pearson, J. C. Hutchens and Valentine Hammonds shall be, and are, hereby constituted the board of trustees to carry into effect the provisions of this Act until the regular election for members of said board, which election shall take place on the first Tuesday in December of each year. The term of one of the trustees to be elected shall be for one year from the time of election, one for two years, one for three years, one for four years, one for five years. Their successors in office shall serve for a term of five years, and each member dating from the time of his election. The board of trustees shall fill all vacancies. Trustees named. Election of successors and terms of office. SEC. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall organize by electing a president, vice-president, secretary and treasurer from their own number, and no member shall receive compensation for his services except the secretary, the compensation for whose services shall be fixed by the board. The treasurer shall give good and sufficient bond. Organization of board. SEC. 5. Be it further enacted by the authority aforesaid, That said board of trustees shall have the power to design and adopt a system of public schools for said district, to elect a superintendent and employ teachers for the same, to suspend or remove teachers or superintendents, to fix their compensations, to provide schoolhouses by rent, building, purchasing or otherwise, to make and hold title to such property, and to make such rules and regulations for the government of themselves and such schools as they may deem proper and not in conflict with the laws of this State, and to do any and all things promotive to the best educational interests of said district not in conflict with the provisions of this Act and the laws of this State. Powers of board. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be established and maintained for not less than five nor more than ten months in each year, under the provisions of this Act, one, and only one, school for white children, and one and only one, school for colored children within said district. No white child shall be admitted into the school for colored children, and no colored child shall be admitted into the

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school established for white children. All children entitled to the benefit of the public school under the law of this State, and whose parents, guardians, or natural protectors bona fide reside within the incorporate limits of said district shall be admitted into the aforesaid school upon the payment of such admittance fee only as the board of trustees may deem necessary. Children of non-residents and such others as may not be entitled to the benefits of these schools shall be admitted upon such terms as may be prescribed by the board of trustees, not in conflict with the laws of this State. Scholastic terms. Separate schools for white and colored children. Terms of admission. SEC. 7. Be it further enacted by the authority aforesaid, That after the ratification of this Act it shall be the duty of the county school commissioner of Chattooga county, and he is hereby required to pay over to the treasurer of said board of trustees, under such rule as the county board of education may provide, the portion of the public school fund of Chattooga county to which the school established under this Act for said district may be entitled, under the rules of distribution under which the county board of education of Chattooga county assign to the county their pro rata of the school fund. Pro rata share of public school fund SEC. 8. Be it further enacted by the authority aforesaid, That as early as is practicable after the ratification of this Act, and by the first Saturday in June of each year succeeding, the board of trustees shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the scholastic year, and said board shall, through their officers, be required to levy and collect the same; provided, said amount does not exceed one-half of one per centum of the taxable property of said district, in the same manner as hereinafter provided. Said tax, when collected, shall be turned over to the board of trustees, and together with the amount received from the public school fund, such admissions and tuition fees as may be collected, and any other funds that may be placed in their hands for the purpose shall constitute a fund to be expended only by the board of trustees, or their order, in defraying the expenses necessary for carrying on said schools. School tax. SEC. 9. Be it further enacted by the authority aforesaid, That the trustees shall be empowered and directed to appoint three citizens of said district as tax-assessors, who shall assess the valuation of all property in said district for taxation; that said assessors shall have free access to State and county tax books, and shall at their discretion use said tax books and returns or any part of them that they may deem best in making the assessments for said district; and that said assessors shall have power and authority to compel any citizen of the State [Illegible Text]

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testify on oath as to any property in said district, whether it be their property or another, and should any party refuse to testify, then said party shall be punished as is provided for in similar cases before justices of the peace. Said board shall have power and authority to fix the time and manner of the payment of said taxes. Tax assessors. SEC. 10. Be it further enacted by the authority aforesaid, That after the ratification of this Act the board of education of Chattooga county shall not establish any other schools or grant any license to, or contract with any other person to teach a school of any character in said district, nor shall any of the funds of the State or county for school purposes be paid to any school in said district other than the schools herein provided for. Other schools. SEC. 11. Be it further enacted by the authority aforesaid, That in case any school property required by said board of trustees under the provisions of this Act, or otherwise, be sold, the funds derived from such sale shall be reinvested in other property for school purposes. School property. SEC. 12. Be it further enacted by the authority aforesaid, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters of said district, for which purpose the board of trustees shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said district. All persons who are residents of the said district and are qualified to vote in the State and county elections may vote in this and all other elections affecting the interest and welfare of said school district. Ratification SEC. 13. Be it enacted by the authority aforesaid, That all elections held hereunder shall be held under the supervision of any justice of the peace or notary public ex-officio justice of the peace of said militia district in which said school district is situated with any two freeholders to assist in said election. If no justice of the peace or notary public can be had, any three freeholders in said school district may hold the election. If no election is held at the time specified in the notice or if there is a tie, then any citizen of said district may post a call in three prominent places in said district for ten days on which an election shall be held as above provided for. Election, how held. SEC. 14. Be it enacted by the authority aforesaid, That at said election for the ratification and adoption of this Act, those favoring public schools shall have printed or written on their ballots For legal taxation for public schools, and those opposed

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to public schools shall have printed or written on their ballots Against legal taxation for public schools; and if a majority of the qualified voters of said district in said election shall be For legal taxation for public schools this Act shall become operative. Should the result of the election herein provided for be against public schools, the board of trustees of said district may order another election once every six months thereafter until public schools are adopted. Ballots. SEC. 15. Be it further enacted by the authority aforesaid, That the board of trustees shall annually make a report to the public in writing of the condition of the said schools, and shall accompany their report with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports to public. SEC. 16. 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 19, 1907. COBB COUNTY, BOARD OF COMMISSIONERS CREATED. No. 168. An Act to create a board of commissioners of roads and revenues for Cobb county, Georgia, and prescribe their 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 board of commissioners of roads and revenues for the county of Cobb, to consist of five 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 in this Act. Cobb county, commissioners of roads and revenues. SEC. 2. Be it further enacted by the authority aforesaid, That for the purposes of this Act the said county of Cobb shall be divided into five (5) parts, or road districts, to be constituted as follows: That the 898th Marietta district, G. M., shall form road district No. 1. The second road district shall include and be composed of 851st Acworth, 991st Big Shanty and 1318th Red Rock

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districts, G. M. The third road district shall include and be composed of 1540th Lost Mountain, the 1608th Mackland, 1017th Oregon and 846th Powder Springs districts, G. M. The fourth road district shall include and be composed of the 1378th Austell, the 1395th Howells, the 895th Coxes, the 892d Lemons, the 1568th Vinings and the 1292d Smyrna districts, G. M. The fifth road district shall include and be composed of the 897th Merritts, the 845th Roswell, the 1319th Post Oak and the 991st Gritter districts, G. M. Road districts. SEC. 3. Be it further enacted by the authority aforesaid, That at the regular elections for county officers on the first Wednesday in October, 1908, there shall be elected by ballot five (5) discreet and upright citizens who are resident freeholders of said county, who shall compose the board of commissioners of roads and revenues of said county, whose term of office shall begin January 1, 1909, and two of said commissioners' term of office shall expire January 1, 1911, or as soon thereafter as their successors in office may qualify, and the remaining number of said board shall hold their office for the term of four years, and the term of office of all of the commissioners herein provided shall be for four years after the first two named terms have expired. All vacancies occurring in said board shall be filled by grand jury of said county first sitting after a vacancy may occur, and the appointment by the grand jury shall hold good until the first day of January after the next general election, at which election a successor shall be elected for any part of said term which may not have expired. Trustees, election of Terms of office. Vacancies. SEC. 4. Be it further enacted by the authority aforesaid, That in the election of said commissioners, one for each road district is hereby prescribed, they shall be elected by the qualified voters of the entire county, and not by the qualified voters of any one road district. Voters of county elect each commissioner. SEC. 5. Be it further enacted by the authority aforesaid, That members of the board of commissioners herein created shall receive as their compensation three dollars per day for actual services. Said compensation to be paid out of the county treasury by the county treasurer, upon the certificate of the chairman and clerk of said board. The said commissioners shall elect the clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board at the court-house in said county, and who shall perform such other duties as may be assigned or required of him by said board. He shall receive such compensation for the performance of his duties as may be fixed

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by the board. Said clerk shall not be a member of said board of commissioners. The said commissioners shall elect at their first meeting a chairman of said board, being one of their members, fix his term and prescribe his duties. Said commissioners shall give bond in the sum of $500.00, each with good security, to be approved by the judge of the superior court and 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 the duties of his office, each commissioner shall take an oath before the ordinary for the faithful performance of his duties. Compensation of commissioners. Clerk. Commissioners, bond and oath. SEC. 6. Be it further enacted by the authority aforesaid, That said commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county as they may deem expedient, according to law; in levying taxes according to law; in establishing, altering, or abolishing roads, bridges and ferries, according to law; establishing, abolishing, election precincts or militia districts; in supervising tax-collectors' and tax-receivers' books, and allowing the insolvent list 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 bring them to settlement; in controlling and managing the convicts of said county, according to law; in making rules and regulations for the support of the poor of the county, and for the promotion of health, and the electing and appointing all minor officers of said county, where election is not otherwise provided by law, such as superintendent and guards of convicts or of chaingang, janitor of court-house, superintendent of pauper farm, county physician and health officer, and other guards as are needed and authorized by law in regulating peddling, and to have and exercise all the powers before vested in the ordinary of said county when sitting for county purposes, to appoint road superintendents for the work of the public roads under such rules and regulations as they may require, to employ hands or work the public roads or to contract work on said roads. Said commissioners shall hold their regular court the first Tuesday in each month at the court-house, and may adjourn from day to day, and may hold one other regular session each month; call sessions whenever public necessity requires it. In all their courts they shall have all the power to enforce decorum and punish for contempt of court now

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exercised by the several ordinaries of this State, and may compel the attendance of witnesses by subp[oelig]na and attachment. It shall be the duty of any constable of the county to attend their meetings, whenever notified by the board or three members thereof to do so, and to serve any papers, notices or process issued by said commissioners. Jurisdiction. Court. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said board of commissioners to attend all meetings of said board, and keep in a well bound book to be provided at the expense of the county, full and accurate minutes of their transactions, to file in order all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners, and to keep in a separate book all orders given or approved by said commissioners for the payment of money by the county treasurer, and all books and files and records by this Act required to be used or kept, or that may be necessary for the proper conduct of the office, shall always be open at the county site for inspection of any taxpayer of the county on demand. Duties of Clerk. SEC. 8. Be it further enacted, That the commissioners shall, at each term of the superior court, prepare and submit to the grand jury a complete statement in writing of the condition of the county property, paupers, finances, buildings and public roads; and when called upon by the grand jury, furnish full and distinct information concerning the public business of the county. Reports to grand juries. SEC. 9. Be it further enacted, That said commissioners shall be commissioned in the same manner as justices of the peace. SEC. 10. Be it further enacted, That a majority of said board shall constitute a quorum to pass upon all matters that may come before them at their regular meetings. Quorum. SEC. 11. Be it further enacted, That all defaulters be summoned for trial or arrested by such person or officer as the commissioners may appoint, or any lawful constable of the county. Defaulters. SEC. 12. Be it further enacted, That one or more of said commissioners shall try all defaulters who refuse to pay the commutation tax assessed, or perform the necessary labor in lieu thereof on the public roads. Said commissioner shall hold court, or courts, for all defaulters at any time or times, at any place or places in the county that may be fixed by said authority; provided, that five days' notice be given of the time and place to said defaulters. Citation naming the place and time left at the home of said defaulters shall be sufficient notice. Trial of defaulters.

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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 22, 1907. COWETA AND MERIWETHER, HARALSON SCHOOL DISTRICT INCORPORATED. No. 73. An Act to amend an Act entitled an Act to create and incorporate the Haralson school district under the law authorizing same, said district to include parts of Coweta and Meriwether counties, Georgia; to define the boundaries of same; to provide for the election of a board of trustees; to confer on them certain powers, etc., approved August 22, 1905, so as to amend section 13 of said Act to give the board of trustees full power and authority to levy and collect a tax on all corporate property within the limits of said district, including franchises and telephone companies, and all other corporations which are now required by law to make their returns to the Comptroller-General of the State of Georgia, and to provide for the enforcement of same. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 13 of said Act, Acts of Georgia Legislature, page 467, be amended by inserting after the word property and before the word written in the fourth line of said section, the following words, to wit: including franchises belonging to railroad, telegraph and telephone companies, and 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 said school district. And that said section 13 be further amended by adding at the end of said section the following words: And it shall be the duty of all corporations, including railroad, telegraph and telephone companies, 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 said district, which taxes shall be assessed and collected as now provided by law. So that said section, when so amended, will read as follows: Haralson school district.

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Section 13. Be it further enacted by the authority aforesaid, That said board of trustees shall have full power and authority to levy and collect a tax, to supplement the State school fund, on all real and personal property, including franchises belonging to railroad, telegraph and telephone companies and 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 said school district, within the corporate limits of said Haralson school district, for school purposes, to defray the expenses of management of the schools in said district, as said board of trustees shall deem to be to the best interest of said schools; said tax to be collected by any person designated by said board of trustees, and said board of trustees shall, during the spring of each year, assess the value of all property, real and personal, within the limits of said district for taxation for school purposes only; said board of trustees to have free access to the State and county returns, and shall, at their discretion, use such returns in making the assessment for said school district; provided, that the rate of taxation shall never exceed one-half of one per cent. In the event that any person should be dissatisfied at the value placed on his property, he may select a disinterested person to act as his representative, the secretary and treasurer shall select a like person to represent the board of trustees, and these two, so selected, shall select the third arbitrator. The three persons so selected shall, after giving five days' notice of the time and place of meeting to the parties of interest, proceed to assess the property in question, and the assessment of said three persons shall be final. Said board of trustees shall have power and authority to fix the time and manner of payment of said taxes, said taxes being collectable at the direction of said board of trustees by the State and county officers, whose duty it is to make levies, in which event the taxes so collected shall be turned over by the officer or officers to said secretary and treasurer. That said board of trustees shall have power and authority to compel any citizen of the State to testify under oath as to any property in said school district subject to taxation, whether said property be held by said citizen in his own right or in the right of another, and should any party refuse to testify, then said party shall be punished as for contempt, in a sum not exceeding fifty dollars. And it shall be the duty of all corporations, including railroads, telegraph and telephone companies, in addition to the fact now required to be shown in their return to

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the Comptroller-General, to also show in said returns the value of such corporation property, in said district, which taxes shall be assessed and collected as now provided by law. School tax. 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 August 16, 1907. EMANUEL COUNTY, COMPENSATION OF ROAD COMMISSIONERS. No. 136. An Act to amend an Act creating a board of commissioners of roads and revenues in the county of Emanuel, approved December 12, 1901, by striking from the second line of section 13 of said Act $2.00 and inserting in lieu thereof $3.00, 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 13 of an Act entitled an Act to create a board of commissioners of roads and revenues in the county of Emanuel, and approved December 12, 1901, be, and the same is, hereby amended by striking from the second line of section 13 of said Act $2.00 and inserting in lieu thereof $3.00, so that said section when amended will read as follows: That said commissioners shall receive not more than $3.00 per day each while occupied and engaged at regular and special sessions in transacting business for county purposes, to be paid by the treasurer of the county on an order drawn by the order of the board and signed by the chairman and clerk; and said commissioners shall be exempt from road, jury and military duty, and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. Emanuel county. Per diem of commissioners. 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 22, 1907.

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EMANUEL AND JOHNSON COUNTIES, TOM SCHOOL DISTRICT INCORPORATED. No. 257. An Act to incorporate Tom school district, in Emanuel and Johnson counties; 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 Tom school district, in Emanuel and Johnson counties be, and the same is, hereby incorporated as the Tom 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 purpose 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 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. Tom 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 ford of Swains creek, northwest of the village of Tom, running down said creek to where the same connects with the Ohoopee river, thence down the Ohoopee river to the J. C. Lamp Rocksprings, thence a straight line southeast of the ford across Magruder creek, thence south along Magruder creek to corner of Dr. Vickers', thence following Dr. Vickers' south land line to where it joins the R. A. Meeks home place, thence along the south line of R. A. Meeks' land to where it joins the J. E. Clark land, thence along the south line of J. E.

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Clark's land to where it joins the J. J. Flanders land, thence along the southeast line of J. J. Flanders' land to Sardins creek, thence up said creek in a northern direction to the old Savannah Stage road, where it crosses said creek, thence west along said road to the starting point. 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. Board of 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 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 board. SEC. 5. Be it further enacted by the authority aforesaid, That T. J. Williams, N. D. Dixon, J. C. Powell, J. R. Brady and J. J. Perdue 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 members of said board, which election shall take place on the first Tuesday in August, 1909, and thereafter on the first Tuesday in August 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 and terms of office 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 as 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

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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. Organization of board. SEC. 7. Be it further enacted by the authority aforesaid, That the county school commissioner of Emanuel and Johnson counties shall from time to time, pay over to the treasurer of the board of trustees of Tom 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 commissioners are 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 prorata share of the school fund of Emanuel and Johnson counties for all children of or within school age who are residents of said counties, and not residents of said district, who attend the school or schools of said school district. Pro rata share of public 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 and expenditures shall at all times be open to the inspection of the county boards of education of Emanuel and Johnson counties and said board of trustees shall make such reports, and give such data and information to the said county board of education of Emanuel and Johnson counties as its rules and regulations may require. Reports of board. SEC. 9. Be it further enacted by the authority aforesaid, That the said board of trustees shall have full power and authority to 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 tax on all real and personal property within the limits of said Tom 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 per centum. Powers of board. SEC. 10. Be it further enacted by the authority aforesaid,

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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 counties. The said trustees, or assessors, shall have free access to the State, counties and municipal books and returns, or any 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. Tax, how assessed and collected 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 superior lien on all of the property of the delinquent taxpayers, except for State and county taxes. Tax fi. fas. 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 Tom 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 9, 10 and 11 of this Act, relating to taxation to the qualified voters of said school district. Said election, if so held, shall be held at the schoolhouse in said Tom school district, and according to the requirements of law of this State for voting for members of the General Assembly. Election to ratify. SEC. 14. Be it further enacted, That the question submitted

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at said election shall be For taxation or Agrainst 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 publishing a notice thereof in at least one paper published in Emanuel county, and in at least one paper published in Johnson county. Ballots. 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 22, 1907. FAYETTE COUNTY, FISHING LAWS REPEALED. No. 255. An Act to repeal an Act to protect the fish and to provide the manner of fishing in Flint river and all creeks, streams, lakes, ponds and waters in Fayette county, Georgia, and to provide a penalty for violation of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act entitled an Act to protect the fish and to provide the manner of fishing in Flint river and all creeks, streams, lakes, ponds and waters in Fayette county, Georgia, and to provide a penalty for the violation of the same, approved August 15, 1903, be, and the same is, hereby repealed. Fayette county, fishing laws repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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FLOYD COUNTY, PUBLIC HOSPITAL ESTABLISHED. No. 249. An Act to authorize the board of commissioners of roads and revenues of Floyd county to aid in the establishment and maintenance of a public hospital in the county of Floyd, by donating or dedicating real estate, and by contributing from the public funds of said county, or by either of said methods, and to provide a fund for the purpose contemplated, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the board of commissioners of roads and revenues of Floyd county be, and the same is, hereby authorized to contribute the county's money in amount or amounts subject to their discretion for the purpose of establishing and maintaining a public hospital or to establish or to maintain a public hospital in said county in the manner and on the conditions and stipulations hereinafter specified. Floyd county, public hospital. SEC. 2. Be it further enacted, That the board of commissioners of roads and revenues of Floyd county be, and it is, hereby authorized, annually, when assessing the county taxes to include in the estimate of expenses to be incurred in supporting the poor of the county, such an amount additional to what has been heretofore contemplated, as may, in the discretion of said board, be needed to carry out the purposes contemplated by this Act, and such additional amount shall be used only for the purposes specified in this Act. Tax. SEC. 3. Be it further enacted, Upon its being made to appear to the satisfaction of the board of commissioners of roads and revenues of Floyd county that a public hospital with proper and adequate capacity and with suitable furniture and appliances, and otherwise reasonably adapted to the needs of the public can be established and maintained in said county, by Floyd county contributing from the public funds or by donating or by dedicating public property to such institution, said board shall be authorized in its discretion to appropriate funds from the county treasury, and to dedicate or donate suitable real estate to such purposes, upon the conditions as stipulated as follows, to wit: Appropriation for. 1st. That the draft of the county shall be drawn on the treasury for such sum or sums as shall be contributed by the

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county under this Act, and made payable to the treasurer or other agent, duly authorized by the trustees of the hospital property to receive such funds, said treasurer or agent at time of accepting such funds to furnish to said board of commissioners a good and sufficient bond payable to Floyd county, in an amount to be fixed by said board, for the faithful application of such funds to the establishment or maintenance, as the case may be, of a public hospital in said county. Payments, how made. 2d. That in case real estate is donated or dedicated, the title so granted shall revert to Floyd county; in the event property conveyed, or income derived therefrom, ceases to be used for hospital purposes for the public, under such contract and stipulations as may be agreed upon between said county and such person, or association, or corporation, as may control such hospital, at the time of such donation or dedication as the case may be: provided, that real estate donated, as aforesaid, may, by and with the consent of the board of commissioners of roads and revenues of Floyd county, be sold, for the purpose of reinvesting the proceeds in other real estate for hospital purposes, in which event the title to the property purchased with such funds, or such interest therein, as is represented by the funds so furnished by said county, shall stand in lieu of the property so sold, and shall be subject to reversion to Floyd county upon the condition aforesaid. Dedication and reversion. 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 22, 1907. FRANKLIN COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 58. An Act to repeal an Act to create a board of roads and revenues in the county of Franklin, and State of Georgia, and for other purposes, approved August 20, 1906. SECTION 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 December. 1907, an Act entitled an Act to create a board of commissioners of roads

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and revenues, in the county of Franklin, State of Georgia, and for other purposes, approved August 20, 1906, be, and the same is, hereby repealed, and the office created by said Act abolished, after the first day of December, 1907. Franklin county, board of commissioners abolished. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1907. FRANKLIN COUNTY, COMMISSIONER OF ROADS AND REVENUES. No. 56. An Act to create the office of commissioner of roads and revenues, in and for Franklin county, provide the methods of the election of such officer and his duty, and provide for his salary and term of office, provide for the management of county affairs interim, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the office of commissioner of roads and revenues, in and for Franklin 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 Monday in October, 1908, and every four years thereafter, in the same manner as other county officers are elected and the said commissioner so elected at said election, after qualification, shall immediately eneter upon the discharge of his duties, and shall hold said office for the term of four years. Persons eligible to hold other county officers shall be eligible to said office. Should a vacancy occur in said office, the same shall be filled by a special election, called and held in the same manner, and be governed by the same rules and regulations and qualifications as to election, as applies to the election of clerk of the superior court. In the interim the ordinary of said county shall perform all duties of said officer, and assume all the responsibilities of said commissioner, and receive the same compensation at the same rate of said commissioner to be prorated at the length of time he shall serve. Franklin county, office of commissioners of roads and revenues created, election, etc SEC. 2. Be it further enacted by authority aforesaid, That the commissioner, herein provided, shall be commissioned by the Governor of said State, for the term of office for which he is

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elected, and before entering upon the discharge of his duties, shall subscribe to an oath now required by law of county officers, and shall also give a solvent bond and solvent security, or some 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 ten thousand dollars, conditioned for the faithful performance of his duties as such commissioner. Bond and oath. SEC. 3. Be it further enacted by authority aforesaid, Said commissioner shall have exclusive jurisdiction over all the public roads and public bridges, and to collect the commutation tax, and said tax shall not be more than $5.00 per annum per capita, and shall not be less than two dollars ($2.00) per annum, and per capita; provided, that no one shall be required to work longer than ten days in any one year, and not less than four days in any one year, on the public roads of said county, and said commissioner shall keep a book of receipts of all his official acts and shall be authorized to give orders on the county treasury for the amount not exceeding the amount of the ad valorem tax due public roads, and the commutation tax. Road work and commutation tax. SEC. 4. Be it further enacted by authority aforesaid, That the said commissioner shall publish monthly in the paper in which the legal advertisements are published, an itemized statement of all money received and expended by him during the month past preceding such publication, and the sources from which received and purposes for which expended; the expenses for each publication be paid out of the county treasury. He shall have power to adminster oaths and hear testimony pertaining to all matters of defaulters, and any matters pertaining to said public roads, and shall have exclusive jurisdiction to cite all defaulters, when sitting as a court, and shall have power to punish for contempt under the same rules and regulations as provided for other courts; and be it further enacted, that said commissioner is authorized and empowered to make out all and any claims for the building and repairing of the public bridges in said county, and present the same to the ordinary of said county. Said ordinary shall issue his warrant for the same. Publication of monthly reports by commissioners. Commissioner's court. SEC. 5. Be it further enacted by authority aforesaid, That said commissioner shall receive for his compensation, to be paid out of the county treasury, one thousand dollars per annum, for his services, to be paid monthly at the end of each month's service. He is authorized to employ a clerk to keep his minutes and books, provided his clerk shall not be paid out of the county treasury. Salary of commissioner. Clerk.

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SEC. 6. Be it enacted by authority aforesaid, That the ordinary of Franklin county shall order an election to be held on the first Monday in December, 1907, for the election of a commissioner for said county; the commissioner elected at this election shall serve until the next general election, and then said commissioner shall be elected as other officers of said county and State, and all voters, eligible to vote for other county and State officers, shall be eligible to vote for said commissioner. Election of commissioner. SEC. 7. Be it further enacted by authority aforesaid, That all moneys for public road purposes arising from the 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 any other officer or person for receiving and collecting, or paying out the same. Collection of commutation tax SEC. 8. Be it further enacted by authority aforesaid, That said commissioner shall be amenable and make a written report to the grand jury of said county, at each and every superior court held in and for said county. Reports to grand juries. SEC. 9. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1907. FULTON COUNTY, ISSUE OF BONDS AUTHORIZED. No. 137. An Act to authorize the commissioners of roads and revenues of Fulton county, Georgia, for and in behalf of the said county of Fulton, to issue and sell three hundred thousand dollars of the bonds 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 commissioners of roads and revenues of Fulton county, Georgia, acting for and in behalf of the county of Fulton be, and they are, hereby authorized, in their discretion, to issue and sell three hundred thousand dollars of bonds of said Fulton county, in denominations of one thousand dollars each, running for thirty (30) years from the date of their issue, and to bear interest at the rate not exceeding four (4) per centum per annum. Principal and interest of said bonds shall be payable

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in gold coin of the United States of the present standard of weight and fineness, the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided further, that the qualified voters of said county of Fulton assent to the issuance of said bonds at an election to be called by the commissioners of roads and revenues of Fulton county, at such time as they may provide. In the event said bonds are issued, the commissioners of roads and revenues of Fulton county, Georgia, shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period, and also to provide annually a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if issued and sold, shall be applied only to the erection and furnishing of a new court-house for the said county of Fulton. Fulton county, authority to issue bonds for new court-house. Ratification SEC. 2. Said bonds shall be issued as is prescribed in paragraphs 1 and 2, section 7, article 7, of the Constitution of 1877, and as further provided for by sections 377 to 380 inclusive of the present political Code and of the Acts amendatory thereof. Bonds, how issued 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 22, 1907. GRADY COUNTY, DESCRIPTION OF CORRECTED. No. 278. An Act to change, alter and amend the Act passed by the General Assembly of Georgia and approved August 17, 1905; to correct the description of Grady county, 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 the word third, the same being the first word in the twenty-third line of the first section of the Act approved August 17, 1905, be, and the same is hereby stricken out and the word second be inserted in lieu thereof, so as said section when amended, shall read second instead of third, there being no such description as lot 103 in the 23d district of Decatur county

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at the time of the creation of Grady county, the intention being to use the word twenty-second district of Decatur county in the said Act creating Grady county instead of the word twenty-third as used therein. Grady county, description 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 22, 1907. GRADY COUNTY, BOARD OF COMMISSIONERS. No. 16. An Act to amend the Act of the General Assembly establishing a board of commissioners of roads and revenues in the county of Grady, approved August 6, 1906, to divide the county into commissioners' districts, to increase the number of members of the board, to fix their terms of office and their qualifications, 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 the Act passed by the General Assembly of Georgia, approved August 6, 1906, establishing a board of commissioners of roads and revenues for the county of Grady, is hereby amended and when amended shall read as follows, to wit: Grady county. 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 passage of this Act there shall be established in the county of Grady a board of commissioners of roads and revenues; that said county is hereby divided into five commissioners' districts, which shall embrace the territory of the different Georgia Militia Districts, as follows: Cairo and Pine Park districts, G. M. District No. 1; Spence and Blowing Cave districts, G. M. District No. 2; Lime Sink, Spring Hill and Whigham districts, G. M. District No. 3; Calvary and Ragan districts, G. M. District No. 4; Dunkinsville district, G. M. District No. 5, consisting of six upright citizens of said county, two of whom shall be residents of district No. 1, and one of whom shall be a resident of each of the other districts, Nos. 2, 3, 4 and 5, who shall be elected by the qualified voters of said county at the general election

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for county officers. Three of said members shall be elected at the general election for county officers to be held on the first Wednesday in October, 1908, and three of said members shall be elected at the general election held on the first Wednesday in October, 1910. The term of office of each member shall be for a term of four years from the first day of January, after their election and until their successors are elected and qualified. Commissioners of roads and revenues; election and terms of office. SEC. 2. Be it further enacted by the authority aforesaid, That the intention of this Act is not to interfere with the terms of office of the present members of the board of commissioners of roads and revenue, but to extend the same to conform to this Act. Term of present commissioners. 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 7, 1907. GREENE COUNTY, BOARD OF COMMISSIONERS CREATED. No. 17. An Act to create the office of commissioner of roads and revenues in and for Greene 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 Greene county, said State, is hereby created. Said commissioner shall be elected at an election to be held on the first Wednesday in November, 1907, and thereafter at the regular election for county officers in October, 1910, and at the regular election for county officers every four years thereafter, and said election shall be conducted in the same manner as elections for other county officers are held; and the said commissioner so elected shall after qualification enter upon the discharge of his duties on January 1, 1908, and shall hold said office for the term of three (3) years, and until his successor is elected

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and qualified. 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 apply to the election of clerks of the superior courts. In the interim the ordinary of said county shall perform all of the duties of said office and assume all of the responsibilities of the said commissioner, and receive the same compensation, at the same rate as said commissioner, to be prorated as to the length of time he shall serve. Greene county, office of commissioner created. Election. Vacancies. 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 ten thousand ($10,000) dollars, conditioned for the faithful performance of his duties as such commissioner. Oath and bond of commission. 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 powers and duties as to the revenues of Greene county in levying and collecting taxes, over revenues of the county, and in disposing of said taxes and revenues, which have been heretofore legally exercised by said board of commissioners of roads and revenues of the county of Greene. Said commissioners 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 required of county authorities as prescribed by law in reference thereto. He shall have exclusive jurisdiction over all subject-matters enumerated in section 4238 of the Civil Code of this State 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 Greensboro, in said county, on the

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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 publication, and the sources from which received and the purposes for which expended, the expenses 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 are provided for other courts. Commissioner's court. Publication of reports by commissioner. SEC. 5. Be it further enacted by the authority aforesaid, That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of twelve ($1,200) hundred dollars per annum for his services, to be paid monthly at the end of each month's services; but the salary of said commissioner may be increased or decreased, if recommended by a majority of two successive grand juries of said county, said increase 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 of commissioner. Superintendents and [Illegible Text] of roads. SEC. 6. Be it further enacted by authority aforesaid, That said commissioner shall make a report to the grand jury at each regular session of the superior court of Greene county, and shall accompany such report with an itemized statement of his receipts and expenditures, and the sources from which received, and the purposes 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 amount of money received from all persons

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as 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 not 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 board of commissioners of roads and revenues in the county of Greene, and all of the privileges granted to said board, shall be, and the same are, hereby conferred upon the said commissioner. Duties and powers. 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 nor person for receiving, collecting or paying out the same. Collection of commutation tax. SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1907. GREENE COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 4. An Act to abolish the board of county commissioners of roads and revenues, in and for the county of Greene, created by an Act of the General Assembly, approved February 19, 1876, amended February 17, 1877, and amended November 27, 1901, and to repeal said Act. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the first day of January, 1908, at noon, the board of county commissioners of roads and revenues, in and for the county of Greene, created by the Act of the General Assembly, approved February 19, 1876, amended February 17, 1877, and amended November 27, 1901, be, and the same is,

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hereby abolished, and said Act creating the same is hereby repealed. Greene 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 July 23, 1907. GWINNETT COUNTY, ROAD OVERSEER'S COMPENSATION. No. 14. An Act authorizing the county commissioners of Gwinnett county to provide for compensation for the district road commissioners of Gwinnett 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 same, That from and after the passage of this Act the county commissioners of Gwinnett county are hereby authorized, and it is hereby made their duty, to provide for the compensation of the district road commissioners of Gwinnett county for services actually rendered by them, under the direction, supervision and authority of said county commissioners, as now provided by law, in a sum not exceeding one dollar and fifty cents per day for each day actually spent by them in respect to their duties as road commissioners. Gwinnett county, compensation of district road commissioners. SEC. 2. Be it further enacted, That the said board of county commissioners shall approve or disapprove all claims made by the said district road commissioners for compensation herein provided for, and no claim shall be paid unless the same be approved by said county commissioners, as other county matters with which they have to deal. Claims of district commissioners. 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, 1907.

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GWINNETT COUNTY, ROAD COMMISSIONERS. No. 13. An Act to amend an Act, approved August 26, 1872, and the Acts amendatory thereto, creating the board of county commissioners of Gwinnett county, and to prescribe and define their duties, so as to lay off the county of Gwinnett into five sections; to provide for the election of a county commissioner from each of such sections for said county of Gwinnett, 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 of the General Assembly of said State, approved August 26, 1872, and all Acts amendatory thereof, creating the board of county commissioners of Gwinnett county be, and the same is, hereby amended as follows: That from and after the passage of this Act, the said county of Gwinnett shall be, and by virtue hereof is hereby divided into five sections, as follows, to wit: Section 1 shall embrace all the territory composing the 407th. 444th and 404th districts, G. M., of said county, called the Lawrenceville, Hog Mountain and Goodwins militia districts, respectively. Section 2 shall embrace all the territory composing the 550th, 1604th, 562d and the 1397th districts, G. M., of said county, called the Sugar Hill, Suwanee, Cains and Pucketts militia districts, respectively. Section 3 shall embrace all the territory composing the 316th, 478th, 1587th and 1564th districts, G. M., of said county, called the Ben Smith's, Harbins, Rocky Creek and Dacula militia districts, respectively. Section 4 shall embrace all the territory composing the 1295th, 408th, 571st and the 157th districts, G. M., of said county called the Boy Creek, Cates, Rockbridge and Garner militia districts, respectively. Section 5 shall embrace all the territory composing the 406th, 1263d, 405th and 544th districts, G. M., of said county, called the Pinkneyville, Duluth, Berkshire and Martins militia districts, respectively. Gwinnett county. Divisions of county. SEC. 2. Be it further enacted by the authority aforesaid, That at each regular general election for county commissioners for said county of Gwinnett, there shall be elected from each of said sections as herein laid out, one county commissioner, who shall be a bona fide resident of the section from which he is elected,

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and who shall be voted for by the qualified voters of the entire county of Gwinnett. Commissioner from each section, elected by voters of county. SEC. 3. Be it further enacted by the authority aforesaid, That the candidate or person residing in each of said sections who receives the largest number of votes cast by the voters of the entire county of Gwinnett shall be the one elected from said section, the purpose of this Act being that all the voters of said county of Gwinnett shall have the right to vote for one person from each section, and the candidate or person from each particular section receiving the highest number of votes shall be the one that is elected from that section. Commissioners, how elected SEC. 4. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of county commissioner of said county of Gwinnett who resides without the limits of the section he is to represent. Eligibility. SEC. 5. Be it further enacted by the authority aforesaid, That all of the Act herein referred to and approved August 26, 1872, and all amendments thereto not in conflict with the provisions of this Act are still of force and effect. Existing laws. 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 7, 1907. HABERSHAM COUNTY, SAWDUST IN STREAMS. No. 142. An Act to prevent or prohibit the putting of sawdust into the streams of Habersham county, Georgia, or placing of the same where it will run or wash into the streams of said county. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act it shall be unlawful for any person or persons to put, or cause to be put, any sawdust into the branches, creeks, rivers or other streams of Habersham county, Georgia, or placing of said sawdust where it will run, wash or in any way get into said streams. Habersham county, putting sawdust in streams unlawful. SEC. 2. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor and be punished as such. Penalty.

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SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. HEARD COUNTY, BOARD OF COMMISSIONERS CREATED. No. 166. An Act to amend an Act to provide for a county board of commissioners for the county of Heard and to provide and define the powers and duties thereof, and for other purposes, approved October 6, 1885. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act described in the foregoing title, to provide for a county board of commissioners of Heard county, be, and the same is, hereby amended by striking from the second line of section 2 thereof the words The ordinary of said county and four others and inserting in lieu thereof the word five. Also by striking from line two of section 4 the word four and inserting in lieu thereof the word five. Also by striking from line three of section 4 the words with the ordinary. Also by striking the whole of section 5 and inserting in lieu thereof the following: Be it further enacted, That they shall elect from their number a chairman of said board and a chairman pro tem., who shall preside in the absence of the chairman. Also by striking from the fourth line of section 9 the words for four years and inserting in lieu thereof the words subject to said board, so that said Act, when so amended, shall read as follows: Heard county Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act all the powers and duties of the ordinary of Heard county, so far as the same relate to roads, bridges, public buildings and other property, management of the county jail and its fees, assessing and collecting taxes, disbursing public money for county purposes, and all powers in reference thereto now conferred by law upon the ordinary, are hereby conferred upon a county board of commissioners, as hereinafter set out. Powers of board of commissioners.

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SEC. 2. Be it further enacted by the authority aforesaid, That said board of commissioners shall consist of five persons, to be elected and their term of office shall be as hereinafter provided, and that any three of said board shall constitute a quorum, and are authorized to transact any business pertaining to said office. Number of commissioners and quorum. SEC. 3. Be it further enacted by the authority aforesaid, That J. M. Strickland, T. C. Lane, M. T. Almand and J. M. Buttrell, together with the ordinary of said county, are hereby appointed a county board of commissioners for said county; that the term of office of said board shall be the same as ordinary, and shall expire with the present term of the present ordinary of said county, and that the said board shall discharge all the duties herein mentioned until their successors are elected and qualified. Commissioners named. SEC. 4. Be it enacted by the authority aforesaid, That at all elections hereafter held for ordinary there shall be elected five commissioners for said county of Heard, who shall constitute said county board of commissioners for said county, as aforesaid; said commissioners shall be elected in the same manner as the ordinary is elected, and shall be commissioned by the Governor and hold their office for four years, and until their successors are elected and qualified. Election of successors. SEC. 5. Be it further enacted, That they shall elect from their number a chairman of said board and a chairman pro tem., who shall preside in the absence of the chairman. Chairman. SEC. 6. Be it further enacted by the authority aforesaid, That in the event of the death, resignation or disability of a member of said board the ordinary of said county shall at once order an election to fill such vacancy. Vacancies. SEC. 7. Be it further enacted by the authority aforesaid, That said board shall meet at the court-house in said county quarterly on the first Tuesday in January, April, July and October in each year, and on such other days as they may determine, and that they shall exercise all the duties and powers herein provided, and they shall keep a full and complete record of all their actings and doings. Meetings of board. SEC. 8. Be it further enacted by the authority aforesaid, That said board may adjourn from day to day; that each member of said board shall, before undertaking to act as herein provided, take and subscribe an oath before the clerk of the superior court of said county to faithfully and honestly discharge the duties of said office, which oath shall be recorded by said clerk. The members of said board shall receive for their services such compensation as the grand jury of said county at the fall term of the

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superior court of each year recommend, such compensation in no event to exceed two dollars per day for each day's service actually rendered by them in the discharge of the duties of said office. Oath and compensation of commissioners. SEC. 9. Be it further enacted by the authority aforesaid, That said board of commissioners shall have power to elect a clerk for their body and to fix his salary. Said clerk shall take the same oath as the members of the said board, and shall hold his office subject to said board. Clerk SEC. 10. Be it further enacted by the authority aforesaid, That said board shall have the same power and authority to punish for contempt of their court as the judges of justice's court of this State now have. Commissioner's court. 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 22, 1907. IRWIN COUNTY, ROAD COMMISSIONERS. No. 109. An Act to amend an Act entitled an Act amendatory of an Act to create the office of commissioners of public roads and revenues for the county of Irwin, approved December 27, 1890, so as to provide for a board of three commissioners in and for said county, and for other purposes, by striking therefrom the word one in line two of section 9 of said Act and inserting in lieu of the word two, so that said section 9 of said Act, when so amended, will read as follows: Sec. 9. Be it further enacted, That each of the three commissioners shall be allowed the sum of two hundred dollars per annum, payable in equal monthly installments upon warrants, as hereinbefore provided, on the county treasurer, signed by both the clerk and the chairman of said board. Also, the clerk shall be paid in monthly installments and in a similar manner. Irwin county; compensation of commissioners and clerk. 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 22, 1907.

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IRWIN COUNTY, COUNTY SITE CHANGED TO OCILLA. No. 101. An Act to change the county site of Irwin county, in the State of Georgia, from Irwinville, in said county, to Ocilla, in said county, and for other purposes. WHEREAS, Heretofore, on the 29th day of April, 1907, a petition was filed with the ordinary of Irwin county, in the State of Georgia, signed by two-fifths of the poll-tax payers of said county of Irwin, as shown by the last tax digest made out for said county, asking for an election to be held in and for said county for the purpose of changing and removing the county site of said county from the town of Irwinville, in said county, to the town of Ocilla, in said county; and Irwin county, change of county site from Irwinville to Ocilla. WHEREAS, On the 29th day of April, 1907, the ordinary of said county of Irwin, upon due consideration of said petition so filed with him, did pass an order providing that an election should be held in the various militia districts of said county on the 12th day of June, 1907, for the purpose of changing and removing the county site of said county, as asked by petitioners, which said order was duly published in the Irwin County Courier, the newspaper in which the sheriff of said county publishes his legal notices, as provided by section 391 of volume 1 of the Code of 1895 of said State; and whereas, on the said 12th day of June, 1907, said election was held in said county for the purpose of changing said county site in accordance with said order from said ordinary, at said election so held two-thirds of the legal votes cast at said election were in favor of the removal of said county site from the town of Irwinville to the town of Ocilla, in said county; now, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the county site of said county of Irwin, in said State, be, and is hereby, removed from the said town of Irwinville, in said county, to the said town of Ocilla, in said county of Irwin. SEC. 2. Be it further enacted, That all laws conflicting with this Act be, and are, hereby repealed. Approved August 19, 1907.

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JOHNSON COUNTY, MOTOR MACHINES, RUNNING OF REGULATED. No. 93. An Act to regulate the running of automobiles, locomobiles, motor-cycles, and other similar machines, upon the streets and public roads of Johnson county; to prescribe the duties of those in charge of the same; to provide for the punishment of violators of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any one in charge of any automobile, locomobile, motorcycle, or other similar machines, to run the same over the streets or public roads of Johnson county, State of Georgia, at a greater speed than eight miles an hour. Johnson county, running of motor machines regulated in meeting horse or mule. SEC. 2. Be it further enacted, That when any one in charge or running any machine described in section 1 on the streets or public roads of Johnson 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 and fifty yards from said horse or mule, and stop all noise being made by the same until said horse or mule has passed said machine at least seventy-five yards. SEC. 3. Be it further enacted, That when any one running or in charge of any machine described in section 1 on the streets or public roads of Johnson 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 until he approaches within fifty yards of said rider or driver, and shall not approach nearer than fifty yards nor pass said rider or driver without his or her consent. In passing horse or mule. SEC. 4. Be it further enacted, That when any one running an automobile or other similar machine upon the streets or public roads of Johnson county is approaching a horse or mule hitched or unhitched to a vehicle and tied or fastened to a post, tree or other fastening, or standing unhitched, shall stop his machine at least one hundred yards from said horse or mule and not approach nearer than fifty yards without consent of the owner or manager of said horse or mule. In approaching horse or mule, hitched.

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SEC. 5. Be it further enacted, That when any person using any machine described in section 1 upon the streets or public roads of Johnson 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 road he shall stop his machine and shut off all noise and give person in charge time to unhitch said horse or mule and remove the same to some place of safety, provided said machine shall not pass any such horse or mule oftener than twice in one day. In passing fields in which mules or horses are hitched. SEC. 6. Be it further enacted, That any person who drives an automobile or other similar machine upon the streets or public roads of Johnson county, recklessly or negligently, or at a speed, or in a manner which is dangerous to the public, having a regard to all the circumstances of the case, including the nature, condition and use of the highways and 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. Penalty for reckless running. SEC. 7. Be it further enacted, That the person or persons running or in charge of an automobile 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 Code of Georgia. Misdemeanor. 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 19, 1907. LEE COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 36. An Act to repeal an Act entitled an Act to create a board of commissioners of roads and public buildings and public property and finance for the county of Lee, and for other purposes, approved February 28, 1876. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, That from and after the passage of this Act the Act approved February 28, 1876, entitled an Act to create a board of commissioners of roads and public buildings, and public property and finance for the county of Lee, be, and the same is, hereby repealed; provided, that this repealing Act shall not take effect until January 1, 1909. Lee 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 are hereby repealed. Approved August 13, 1907. LEE COUNTY, BOARD OF COMMISSIONERS CREATED. No. 66. An Act to create a board of commissioners of roads and revenues, and public buildings, and public property and finances for the county of Lee; to prescribe their term of office; to prescribe their duties, rights and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, and in accordance with the subsequent sections of the same, there shall be elected by the qualified voters of Lee county, Georgia, five commissioners of roads and revenues for said county, one each from the territory embraced in the limits of each of the five militia districts as now constituted in said county. Said election to be held under the rules for election of other county officers. Lee county, election of commissioners. SEC. 2. Be it further enacted, That at the general October election for county officers and members of the General Assembly in 1908, and every two years thereafter, there shall be elected five commissioners whose terms of office shall be for two years, commencing January 1, 1909, and until their successors are elected and qualified. Term of office. SEC. 3. Be it further enacted, That the present board of commissioners are hereby authorized to act until January 1, 1909. That immediately upon the consolidation of the result of the aforesaid elections, or any subsequent election, the ordinary shall certify the same to the Governor of this State, who shall commission

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the said commissioners for the term of office to which they may be elected. Term of present board. SEC. 4. Be it further enacted, That before entering upon the discharge of their duties it shall be the duty of each of the aforesaid commissioners to take and subscribe the following oath: I do solemnly swear that I will perform the duties devolving upon me by reason of my election and qualification as county commissioner of Lee county to the best of my skill and ability; so help me God. Said oath to be filed and kept in the same manner as the oaths of other county officials. Oath of commissioners. SEC. 5. Be it further enacted, That three of said board shall constitute a quorum for the transaction of business. Quorum. SEC. 6. Be it further enacted, That it shall be a misdemeanor, punishable section 1039, volume 3 of the Code of Georgia, for any of said commissioners to contract with the county or the said board for the furnishing of supplies to the said county of Lee, or for the performance of any contract of labor or service for the same. Contract for county with a commissioner prohibited. SEC 7. Be it further enacted, That the salary of the said five commissioners shall not exceed seventy-five dollars each per annum, and shall be fixed by the grand jury every two years in an amount not in excess of the said sum. Salaries. SEC. 8. Be it further enacted, That in case of death, resignation or removal of any of said commissioners the vacancy shall be filled in the same manner as vacancies in any other county office. Vacancies. SEC. 9. Be it further enacted, That the holding of the office of county commissioner of Lee county shall disqualify any of the said commissioners from holding any other office in this State during the term for which they may have been elected, and they shall be exempt from militia or jury duty during their terms of office. SEC. 10. Be it further enacted, That said board of commissioners shall have exclusive jurisdiction over the following subject-matters, to wit: Jurisdiction of board. First. In the control and management of all county property, money or other things due to or belonging to the said county of Lee. Second. In levying a general tax for general purposes, and special taxes for special purposes, according to the provisions of the Code and the laws of Georgia. Third. In establishing, altering and abolishing all public

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roads, bridges and ferries for the county of Lee, in conformity to law. Fourth. In establishing and changing election precincts and militia districts. Fifth. In examining, settling and allowing all claims against the county of Lee. Sixth. In examining and auditing the accounts of all officers having the care and management, keeping and collecting and disbursement of money belonging to the county, and bringing them to a speedy settlement. Seventh. In providing for the poor of the county, and for the promotion of health, as granted by law or not inconsistent therewith. Eighth. In examining the tax digests of Lee county for the correction of errors. Ninth. In regulating and fixing the cost of licenses as may be permitted or allowed by law. Tenth. To assess and approve the bonds of officers. Eleventh. To do such other things as may be allowed them by law, and in general to maintain constant supervision of the county affairs as provided by law. Twelfth. To grant such licenses as may be provided by law for the sale of spirituous liquors in said county. SEC. 11. Be it further enacted, That said board of county commissioners may elect a clerk and pay for the services of the same a sum not in excess of the amount now allowed by law. SEC. 12. Be it further enacted, That said commissioners are authorized to sign deeds to property belonging to the county of Lee when the same shall be sold after due and legal advertisement of the same, to issue fi. fas. instanter against officers who may be in arrears with the county for county funds; to rule all officials who may be negligent of their duties; to sue and be sued in the name of the county of Lee; to take deeds to property for the county of Lee; and may have and use a common seal. Powers of board. SEC. 13. Be it further enacted, That they shall have filed and recorded a statement, properly audited by the said commissioners, and submit said statement to the grand jury not later than the second day after it convenes at the May and November terms each year of all funds belonging to the said county, and of all amounts due by the said county, which statement shall contain reports of every officer in said county who has the handling of any county funds, property or other thing of value, said report

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when so filed to be posted at the court-house door in Lee county, Georgia. Reports to grand juries. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved August 16, 1907. MARION COUNTY, BOARD OF COMMISSIONERS. No. 31. An Act to amend an Act, approved December 15, 1897, creating a board of commissioners of roads and revenues for Marion county, so as to amend the third line of section 8, on page 395 of the Acts of 1897, so that said section when so amended shall read as provided in section 1 of this Act. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 8 of the Act cited in the caption of this Act shall be amended so as to read as follows: Sec. 8. Be it further enacted, That said board of commissioners shall meet at the court-house, or some other convenient place, as they see fit, at the county site on any day that they see fit once a month, and on such other days as they may determine. The members of said board shall be paid the sum of two ($2.00) dollars per day for the time they are actually engaged in their official duties, to be paid by the county treasurer on the order of said board. Marion county, meetings and per diem 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 13, 1907.

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MERIWETHER COUNTY, BOARD OF COMMISSIONERS. No. 24. An Act to amend an Act entitled an Act to amend an Act to constitute a board of commissioners for the county, of Meriwether, State of Georgia, and to prescribe their powers and duties, approved February 17, 1877, so as to change the number of commissioners for said county from three to five, and to prescribe a fixed salary for services rendered. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 1 of an Act to amend an Act to constitute a board of commissioners of Meriwether county, State of Georgia, etc. (Acts of 1877, page 261), be amended by increasing the number of commissioners for said county from three to five, so that said section when amended will read as follows: Meriwether county. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be five commissioners of roads and revenues of Meriwether county, to be elected as now provided by law, to take effect January , 1908, upon the expiration of the term of office of the present board of commissioners. Board of commissioners, number and election. SEC. 2. Be it further enacted by the authority aforesaid, That said commissioners shall receive the sum of three dollars per day each while actually engaged in business for the county, same to be paid by the county treasurer, and not to exceed each the total sum of one hundred and fifty dollars per annum. Per diem. 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 7, 1907.

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MITCHELL COUNTY, BOARD OF COMMISSIONERS. No. 35. An Act to amend an Act entitled an Act to provide for a county board of commissioners for the county of Mitchell, and to provide and define the powers and duties thereof, approved February 20, 1873, so as to provide for the division of the county of Mitchell into five districts, each of which shall elect its own commissioner, and to provide for the salary of commissioners, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 2 of the Act, the title to which is recited above, to provide for a county board of commissioners for the county of Mitchell, approved February 20, 1873, be stricken, and in lieu thereof the following be inserted, to be known as section 2 of said Act and to read as follows: Sec. 2. Said county is hereby divided into five districts, as follows: The 1173d militia district shall compose one district; the 1194th militia district shall compose one district; the 1611th, 1603d and 625th militia districts shall compose one district; 1548th and 791st militia districts shall compose one district, and the 1033d and 1299th militia districts shall compose one district, and each of said five districts shall elect one commissioner; said election to be held at the expiration of the term of the present commissioners, and none but qualified voters residing within their respective districts shall be allowed to vote, and in no event shall any one be allowed to vote in any election for county commissioners of said county without the district of his residence, and the term of office of said commissioners shall be as hereinafter provided, and any three of said board shall be capable and authorized to transact any business. Mitchell county, board of commissioners, number and election 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 the word four appearing in the second line of said section and inserting in lieu thereof the word five, and by striking the words with said ordinary appearing in the third and fourth lines of said section, so that when said Act is so amended shall read as follows: Sec. 4. That at all regular elections hereafter of an ordinary of said county five commissioners shall be elected, whose term of office shall be equal with

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that of the ordinary's, who shall discharge all duties herein named, and that in the event of death, resignation, or any disability of either of said commissioners, or persons who may be elected, the Governor, upon notice thereof from any two of said commissioners, shall order an election to fill the vacancy thus occasioned. Term of office and vacancies. SEC. 3. Be it further enacted by the authority aforesaid, That section six of said Act be, and the same is, hereby amended by striking the word two, appearing in the sixth line of said section, and inserting in lieu thereof the word three, and by striking all of said section beginning with the word and following the word such in the seventh line of said section, and ending with the word services, appearing in the tenth line of said section, so that when said Act is so amended, shall read as follows: Sec. 6. That said board may adjourn from day to day; that each member of said board shall, before undertaking to act as commissioner, take an oath before the clerk of the superior court of said county, which oath shall be recorded by said clerk, to faithfully and honestly discharge all duties herein named; that each member shall receive three dollars for each day actually served as such. Oath of commissioners. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 13, 1907. MITCHELL COUNTY, LICENSE FEE FOR SELLING LIQUOR. No. 145. An Act to fix the annual license fee for retailing or wholesaling, vending, bartering or giving away, for the purpose of inducing trade, spirituous, vinous or malt liquors, or any other kind of liquors, which, if used to excess, will produce drunkenness, in the county of Mitchell, at and for the sum of thirty thousand ($30,000) dollars and provide a penalty for the violation of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

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and it is enacted by authority of the same, That from and after January 1, 1908, the annual license fee to sell, vend, barter or give away, for the purpose of inducing trade, in any quantity whatever, in the county of Mitchell, any spirituous, vinous or malt liquors, or any other liquors which, if drank to excess, will produce drunkenness, shall be thirty thousand ($30,000) dollars. Mitchell county, license fee to sell intoxicants. SEC. 2. Be it further enacted by the authority aforesaid, That neither the county authorities of the county of Mitchell nor the municipal authorities of any of the incorporated cities, towns or villages in said county of Mitchell, shall grant or issue any license to any person or persons or corporation or corporations either private or public to sell, vend, barter or give away for the purpose of inducing trade, any spirituous, vinous, malt liquors, or any other liquors which, if drank to excess, will produce drunkenness in any quantity whatever, in the county of Mitchell, until the person applying for the same shall have paid into the county treasury of said county said license fee of thirty thousand ($30,000) dollars and shall have complied with all laws regulating the sale of intoxicating liquors in this State. Payment of license fee. SEC. 3. Be it further enacted, by the authority aforesaid, That it shall be unlawful for any person or persons, corporation or corporations, private or public, by himself or agent directly or indirectly, to sell, vend, barter, exchange, furnish or supply any spirituous, vinous or intoxicating or malt liquors, or any other liquors which, if drank to excess, will produce drunkenness, in any quantity in said county of Mitchell, for a valuable consideration, or give away any such liquors, for the purpose of inducing trade, without first paying said license fee as fixed in this Act, into the treasury of Mitchell county. Unlawful to sell without license. SEC. 4. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to prevent the sale of domestic wine, made in said county, on lands owned or rented, by the party offering said wine for sale, and made by him. Domestic wine. SEC. 5. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as prescribed in section 1039 of the Penal Code of Georgia of 1895. Penalty. 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 22, 1907.

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MONROE COUNTY, BOARD OF COMMISSIONERS CREATED. No. 95. An Act to create a board of commissioners of roads and revenues for the county of Monroe; to authorize their election and prescribe their powers, duties and compensation; to repeal the Act approved August 27, 1872, and all Acts amendatory thereof, and the Act approved August 6, 1903, and all Acts amendatory thereof creating a board of commissioners of roads and revenues for said county, and for other purposes, 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, the county affairs of Monroe county shall be conducted and administered by a board of commissioners to be known as the commissioners of roads and revenues, which shall consist of three members, who shall be citizens of said county and have the qualifications required by law for members of the House of Representatives. The term of their office shall be for two years. The present members of said board, viz.: John S. Jossey, A. J. Zellner and A. H. Chappell, shall hold their offices for the full terms for which they were chosen and elected, and their successors shall be elected as follows: The successor of John S. Jossey, whose term expires January 1, 1908, shall be elected by the grand jury at the August, 1907, term of Monroe superior court, for the term of one year from January 1, 1908; the successor of A. J. Zellner, whose term expires January 1, 1909, shall be elected by the qualified voters of said county at the regular election to be held in 1908, for the election of county officers and members of the General Assembly for the full term of two years from January 1, 1909, and the successor of A. H. Chappell, whose term expires January 1, 1910, shall be elected by the grand jury at the regular August term, 1909, of Monroe superior court, for the term of one year from January 1, 1910. Thereafter, beginning with the year 1910, the said commissioners shall be elected by the qualified voters of said county, at the regular elections to be held in said county for the election of county officers and members of the General Assembly, for the full term of two (2) years, or until their successors are elected and qualified. That said commissioners, upon

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consolidation of election returns, shall be commissioned by the Governor of this State. Monroe county, commissioners of roads and revenues. Term of present commissioners, election and terms of successors. SEC. 2. That said commissioners shall have and are hereby invested with exclusive jurisdiction and control over the following matters, to wit: In directing, caring and controlling for all the property of the county according to law; in fixing and levying taxes according to law; in establishing, altering and abolishing public roads, bridges and ferries and private ways according to law; in establishing, abolishing or changing election precincts and militia districts according to law; in supervising the tax collectors and receiver's books, and allowing the insolvent lists of said county; in providing for the collection and enforcement of the road law and the collection of road tax; in settling all claims against the county, 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 requiring such reports from them as may be necessary to a full and complete understanding of the financial conditions of the county; controlling, caring for and managing the convicts of said county according to law, and creating rules and regulations for the support and care of the poor of the county, and the promotion and preserving of the health of the public; of electing and appointing all minor officials of the county whose election or appointment is not otherwise provided by law, such as superintendent of roads and bridges of the county; overseers and guards of the convicts and chaingang; janitor of the courthouse, county physician and health officers and other guards as needed and authorized by law; in the regulation of peddlers licenses and general exercising any and all other powers and duties not herein specified, and formerly vested by law in the ordinary when sitting for county purposes, and to have and exercise such other powers as are granted by law, or are essential to a complete and proper administration of all county property and county finances. Said commissioners shall have entire control and management of the convicts of said county sentenced to work on the public works and roads of said county, and shall so employ them according to law, so long as said county shall have and maintain a county chaingang. Said commissioners shall during their terms of office be exempt from road and jury duty. Jurisdiction of, board. SEC. 3. Said commissioners shall exercise such judicial powers

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over such subject-matters as are herein defined and vested in said board according to law, and shall hold their regular courts on the first Tuesday in each month in the court-house, and may adjourn from day to day, and may hold one other regular session each month, and as many call sessions as the public necessity may require. In all of said sessions they shall have power to enforce decorum and command order and obedience to their orders, summonses and mandates as the ordinaries of the State now have as provided by law. They shall have the power to require such executing officer or officers from the sheriffs and their deputies to the coroner and legal constables of said county to attend upon and enforce their orders and serve such process as they may issue. Commissioner's court. SEC. 4. That said board of commissioners shall, at their first meeting to be held in January, 1908, and each year thereafter, organize said board by the election of a chairman, whose duty it shall be to preside over said meetings, and in which he shall vote on all matters coming before said board; but he shall have no power other than a presiding officer by virtue of his chairmanship. The said commissioners shall at said time elect a clerk to be known as the clerk of the county commissioners, who must be a citizen of said county, but he shall not be a member of said board of commissioners. He must have a practical knowledge of bookkeeping, and it shall be his duty to keep a full and accurate record of all of the proceedings of said board, and to keep a complete and accurate record of all of the business of the county as contracted by said board, showing by his accounts all monies received by the county from all sources whatsoever: all claims presented to and paid by said board, keeping in a voucher book, or on a file, all vouchers so ordered paid by said board, which shall be indexed under name of payee, and bearing numbers in numerical order, all of which vouchers shall be approved by the board and so marked across the face of same by said clerk; that he shall keep a complete and accurate cash account of all the moneys paid out under order of the board, and with each entry of cash disbursed, he must affix the number of the voucher on the warrant for which same is drawn; that it shall be his duty to make as many statements as the board may require, showing the financial condition of the county, and perform such other duties of a clerical nature as may be required of him by said board. He shall regularly attend all meetings of the said board and keep the books of same stored in some vault in the courthouse, and subject to the inspection of the public at any time.

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It is hereby required that said board of commissioners shall provide said clerk with such blank books as may be necessary to keep said records in the order herein prescribed. Said clerk shall receive for his compensation the sum of $40.00 per month, payable monthly out of the county treasury on warrant of said commissioners. Said clerk shall be subject to removal at any time at the instance of said board, and shall, before entering upon the discharge of his duties give a surety company bond payable to the county, in the sum of $2,000, which bond shall be filed with the ordinary of said county and recorded on his minutes. Organization of board. SEC. 5. That said commissioners shall in each year, at their first meeting, elect a road superintendent, who shall have some practical knowledge of road building and road repairing, whose duty it shall be to assume charge and control of the chaingang and convicts. And such other hands and equipment as may be provided by said board for the building and repairing of roads, who shall devote all of his time to the faithful and efficient discharge of his duties as herein stated, and as may be further required of him by said commissioners. He shall not be a member of said board of commissioners, and shall be subject to removal at any time by said board, and before assuming the duties of his office he shall give a surety company bond in the sum of $2.500 payable to said county of Monroe, conditioned upon his faithful discharge of the duties required of him by said commissioners, which bond shall be filed with the ordinary and recorded on his minutes. Said road superintendent shall receive a salary of not more than $75.00 per month, which shall be paid monthly on warrant of said commissioners, out of the county funds. Road Superintendent. SEC. 6. All claims of any character whatever for money made on or against said county, shall be presented to said board and audited by them at their regular meetings, when the same shall be approved or disapproved by a majority of said board. All demands so approved by said board shall be paid only by warrants drawn by said commissioners on the county treasurer, and signed by a majority of the same and countersigned by th clerk of said board, when it shall become payable by the county treasurer. This provision does not apply to the scrip of jurors and county officers issued under order of the courts, nor to the fees of the coroner's jury. All moneys received by said commissioners from any source whatever, and for which they are required to issue receipts, shall be delivered by them into the hands of the county treasurer, and only disbursed as above provided. That

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before any of said commissioners shall assume the duties of this office they shall take and subscribe the following oath: I, , duly elected commissioner of roads and revenues for Monroe county, do solemnly swear that I will discharge the duties of said office to the best of my ability; so help me God; which oath shall be administered by the ordinary of said county and filed in his office and recorded on his minutes; that said commissioners shall also execute a surety company bond in the sum of $2,000 each, payable to said county conditioned on the faithful discharge of their duties as such commissioners, which bond shall be filed with the ordinary of said county and recorded in his minutes. Said commissioners shall be subject to removal by the judge of the superior court of said county for malfeasance, misfeasance or nonfeasance in office, as well as for incompetency or neglect of duty. All proceedings instituted for the purpose of removal shall be signed by not less than twenty-five freeholders of said county, and the same filed and personally served, if possible, fifteen days before the time of hearing, which must be evidenced by rule nisi duly granted by the court. Said petition must fully and distinctly set forth the grounds upon which said removal is asked, showing wherein the conduct of said commissioner is in violation with this Act. Either side shall have the right of appeal from the decision of the court, to the Supreme Court under the same rules and regulations governing the grant or refusal of injunctions. In the event any commissioner should be ordered removed by the court, his office shall become at once vacant unless appeal is filed, and his successor appointed by said judge of the superior court, who shall hold until the next meeting of the grand jury of said county, at which time they shall appoint said successor until the first regular election, at which time said vacancy shall be regularly filled for the full time. If any such election should occur within thirty days from the date of said judgment declaring said vacancy, then the same shall be only supplied by the election of a successor for the full term. Said commissioners shall each receive the sum of $250.00 per annum to be paid monthly out of the county treasury on warrant drawn by said commissioners. No other compensation whatever shall be paid to said commissioners for any duties performed by them. Disbursement of county funds. Oath and bond of commissioners. Malfeasance of commissioners. Vacancies. Salary of commissioners. SEC. 7. It shall be the duty of said commissioners to cause said clerk to make, within fifteen days from the first day of January and August, in each year, a complete and intelligent statement of the financial condition of the county, showing outstanding

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scrip, warrants, notes, accounts payable and all other resources of the county, as well as all receipts and expenditures, which statements they shall cause to be published before the sittings of the superior court at the spring and fall terms thereof; said reports to be published in the newspaper in which sheriff's advertisements in said county are published, for which said commissioners shall not be liable for more than $5.00 per column of standard size five-column newspaper. Should said board be unable to make said terms with said newspaper in which sheriff's advertisements are published, then they may publish the same in some other newspaper, or in some other manner to be chosen by them. For the purposes of this report, said commissioners are hereby vested with authority to call upon the county treasurer, tax-collector and other county officials handling county funds, for all statements of amounts of cash on hand or in bank, or treasury, and all receipts and disbursements for the previous six months, showing from what source received and on what accounts; all resources, uncollected taxes, liabilities, etc., and all other information necessary to show the amounts administered in their respective offices. That when said reports are thus made semi-annually, they shall be carried before the grand juries at the spring and fall terms of the superior court, together with the records of said office of commissioners, and it shall be the duty of said grand juries to examine into the same and either approve or disapprove the same. Publication of reports by commissioners. SEC. 8. Be it further enacted by the authority aforesaid, That the Act of the General Assembly approved August 27, 1872, and all Acts amendatory thereto, and the Act of the General Assembly, approved August 6, 1903, and all Acts amendatory thereof, establishing a board of commissioners for said county, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 19, 1907.

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PIKE COUNTY, BOARD OF COMMISSIONERS. No. 205. An Act to amend an Act approved August 14, 1905, said Act being amendatory to an Act approved February 20, 1875-Said last-named Act being amendatory to an Act approved October 30, 1870, creating a board of commissioners of roads and revenues of the county of Pike by providing and fixing the salaries for the members of said board and their clerk in lieu of that provided for in said Act approved August 14, 1905. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That an Act approved August 14, 1905, said Act being amendatory to an Act approved February 20, 1875: said last-named Act being amendatory to an Act approved October 30, 1870, creating a board of commissioners of roads and revenues for the county of Pike, be, and the same is, hereby amended by striking from tenth and eleventh lines in section 1 of said Act, the words one hundred and twenty-five dollars ($125.00) per annum, and inserting in lieu thereof the [Illegible Text] two hundred dollars ($200.00), so that said section, when amended, shall read as follows: That each of said commissioners shall be paid the sum of two hundred dollars ($200.00) per annum, and the clerk of said board shall be paid the sum of two hundred dollars ($200.00). These amounts shall be in full compensation for all services they may render said county commissioners and clerk. Pike county. Salaries of commissioners and clerk. 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 August 22, 1907. RICHMOND COUNTY, BOARD OF COMMISSIONERS CREATED. No. 78. An Act to create a board of commissioners of roads and revenues for the county of Richmond; to define their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That a board of commissioners of roads and revenues, to consist of five citizens for the county of Richmond, is hereby created. The first commissioners to be chosen under this Act shall be elected at the general election to be held on the first Wednesday in October, 1908, by the voters of Richmond county, qualified to vote for county officers. The terms of the members of said board elected on the first Wednesday in October, 1908, shall commence on the twenty-fourth day of September, 1909. Three of the commissioners, one from the country and two from the county, shall hold office until January 1, 1911, or until their successors are elected and qualified. Twoone from the country and one from the countyshall hold office until January 1, 1913, or until their successors are elected and qualified. The successors to three whose term will expire January 1, 1911, shall be elected on the first Wednesday in October, 1910, and at the general election every four years thereafter, and the term shall be for four years commencing January 1, 1911. The successors of the twoone from the country and one from the countywhose terms expire January 1, 1913, shall be elected on the first Wednesday in October, 1912, and be for the term of four years, commencing January 1, 1913. Of the five members of said board two must be non-residents of the city of Augusta, or any incorporated municipality in Richmond county, and shall be voted for under the designation: For commissioners from the country. Of those thus voted for, the two receiving the largest vote, irrespective of the votes cast for the commissioners, shall be elected and shall hold office as hereinbefore provided. The other commissioners to be elected on the first Wednesday in October, 1908, shall be voted for under the designation of county commissioners. The commissioners elected shall, before entering upon the discharge of the duties of their offices, elect a chairman from among their number, to serve as such until his term as commissioner expires, and upon such an expiration his successors, from time to time, as chairman, shall be in like manner, and for a like term chosen, take an oath before the judge of the superior court to faithfully discharge their duties, and shall receive, as compensation for their services as such commissioners the sum of two hundred dollars each per annum. At the first meeting of the commissioners and as soon as they have elected a chairman and taken the oath of office, they shall determine by lot the three commissioners whose term shall expire January 1, 1911, and the two commissioners whose terms shall expire January 1, 1913. Richmond county, commissioners of roads and revenues, elections, terms of office, oath and organization.

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SEC. 2. Be it further enacted, That all commissioners elected for said county shall hold their offices until their successors are elected and qualified, and should a vacancy occur by death, resignation or otherwise, the remaining commissioners shall fill such vacancy and the person chosen to fill the same shall do so until the next succeeding biennial general election, when a successor to such commissioner shall be elected by the voters in such election, for the balance of the unexpired term. Vacancies. SEC. 3. Be it further enacted, That the said board of commissioners shall exercise all the powers relative to county matters that were vested in the judge of the city court as ex-officio commissioner of roads and revenues under and by virtue of an Act to constitute the judge of the city court in the county of Richmond ex-officio commissioner of roads and revenues for Richmond county; to define his powers and duties, and for other purposes, approved September 17, 1883. Powers of board. SEC. 4. Be it further enacted, That said commissioners shall hold one session for county purposes at the court-house on the first Tuesday in every month, and at other times as often as in their judgment the powers and duties herein conferred may require. Meetings of board. SEC. 5. Be it further enacted, That they shall cause to be kept a book of minutes containing their acts and doings as commissioners, a complete record of the affairs of the county. Said minutes, records and vouchers for all funds of the county disbursed shall be kept in the commissioner's office in the courthouse, and subject to the inspection and examination of the grand juries at each and every term of the superior court; and they shall at the spring term of the superior court make to the grand jury thereof a full and explicit report of the condition of the affairs of the county for the year preceding, and accompany said report with the statement of the receipts and disbursements for the year, and to furnish any information to the grand jury that they may desire concerning county matters. Reports of grand juries. SEC. 6. Be it further enacted, That said board of commissioners shall have power and authority to elect a clerk, who shall have an office at the court-house, and observe from 9:00 a.m. to 2:00 p.m., and from 3:30 to 5:00 p.m. as his office hours. Said clerk shall keep minutes of the proceedings of said board, and perform such other clerical work as the board may require. He shall have authority to administer oaths. Said clerk shall be elected for the term of two years, subject to removal at the pleasure of the board. He shall give bond in the sum of two thousand dollars,

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payable to said board and its successors in office for the faithful performance of his duties as clerk. Said clerk shall receive as compensation the sum of fifteen hundred dollars per annum, payable monthly. Clerk. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act, and especially section 41 of an Act to establish a city court in the county of Richmond; to provide for the appointment of the judge and solicitor thereof, and to define their powers and duties, approved September 22, 1881; and an Act to constitute the judge of the city court in the county of Richmond ex-officio commissioner of roads and revenues for Richmond county; to define his powers and duties, and for other purposes, approved September 17, 1883, be, and the same are, hereby repealed. Repealing clause. Approved August 19, 1907. RICHMOND COUNTY, COMPULSORY EDUCATION. No. 74. An Act to amend an Act entitled an Act to regulate public instruction in the county of Richmond, approved August 23, 1872, so as to establish, under certain conditions, a system of compulsory education, under and in connection with the system of public instruction provided for by said Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act described in the title of this Act is amended by inserting therein another section to read as follows: Sec. 9 (a). And it is further enacted that the county board of education shall provide for a system of compulsory education in such schools as may be now or hereafter established under its authority for children between the ages of seven and twelve, excepting such children as are exempted from attendance by reason of the provision of an Act of the General Assembly, approved August 1, 1906, and commonly known as the Child Labor Bill. That said board of education is authorized to compel the attendance upon schools of such children as come within the purview of this Act for the majority of the school days in each

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school month of seven months of the school year as established by said board. That said board is authorized to furnish, when in the board's opinion it is necessary and proper to do so, such children as may be compelled to attend under the Act, school books and other necessary school supplies at the expense of the school funds. That said board is authorized to accept in lieu of attendance upon the public schools of Richmond county like attendance upon such private schools in the county, as may meet with the approval of the board. That said board is authorized and empowered to employ such truant officers as may be necessary to carry out the provision of this Act and a compensation to be fixed by said board, and to be paid out of the school funds. The duties of such officers being to see that children liable to attend school under this Act shall be in attendance upon proper schools of the county, to report to the proper officers of the county any failure upon the part of parents, guardian or others in control or in charge of said children, to require such attendance, and to perform such other duties as said board of education may prescribe. That said county board of education is further authorized and empowered to make all necessary and proper rules and regulations for the carrying out of the true intent and the purposes of this Act, and not in conflict with the laws of this State. Richmond county, system of compulsory education. That any parent or guardian, or other person having charge, custody, or control of any child whose compulsory attendance upon school is authorized under this Act that shall directly or indirectly cause or connive at or be a party to the non-attendance upon school of such child when such attendance is required by this Act, shall be guilty of a misdemeanor, and shall be punished as prescribed in section 1039 of Penal Code of 1895. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until it has been submitted to the duly qualified voters of Richmond county at the October general election of 1908, and shall have received at such election a majority vote of such qualified voters voting at such election. That those desiring to vote for said measure at said election shall have placed upon their ballots the words For local compulsory education for seven months, and those desiring to vote against said measure shall have placed on their ballots the words Against local compulsory education for seven months. The vote on such question shall be consolidated and the result declared in accordance with the requirements of the law in regard to consolidating votes and declaring the result in the election of county officers. Ratification

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SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1907. RICHMOND COUNTY, BOARD OF EDUCATION. No. 280. An Act to amend an Act entitled an Act to regulate public instruction in the county of Richmond, approved August 23, 1872, by providing for the election of three school trustees from the 1660th district, G. M., of Richmond county, who shall be members of the county board of education. WHEREAS, There has been created according to law the sixteen hundred and sixtieth district, G. M., in the county of Richmond, out of the 123d and 124th districts, G. M., of said county; and WHEREAS, Said sixteen hundred and sixtieth district, G. M., is without representation on the board of education of Richmond county, according to the Act entitled an Act to regulate public instruction in the county of Richmond, approved August 23, 1872. SECTION 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 public instruction in the county of Richmond, approved August 23, 1872, is hereby amended by providing that said sixteen hundred and sixtieth district, G. M., shall be entitled to representation by three school trustees on the board of education as is now provided by law for other militia districts in said county. Richmond county, board of education. SEC. 2. Be it further enacted, That there shall be elected on the first Saturday in November, 1907, three members of the board of education from said sixteen hundred and sixtieth district, G. M., one member for one year, one member for two years, and one member for three years. That the terms of said members so elected shall commence on January 1, 1908. That on the first Saturday in November of each year thereafter there shall be elected one member to succeed the member whose term expires on the first of January following said election. The terms of the members elected on the first Saturday in November, 1907, shall be for three years.

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SEC. 3. Be it further enacted, That the members of the board of education herein provided shall have the same qualifications and be elected in the same manner as provided in the Act entitled an Act to regulate public instruction in the county of Richmond, approved August 23, 1872, and the Acts amendatory thereof. 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 22, 1907. RICHMOND COUNTY, TRAFFIC IN SEED COTTON. No. 30. An Act to regulate the traffic in seed cotton in the county of Richmond, providing a penalty for violation of same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the traffic in seed cotton by purchase, barter or exchange, in the county of Richmond within the periods hereinafter named, without license, is prohibited. Richmond county, traffic in seed cotton. SEC. 2. Be it further enacted, That the commissioners of roads and revenues for Richmond county, or such other authorities as may from time to time have charge of county affairs in Richmond county be, and they are, hereby authorized and empowered to issue license to traffic in seed cotton by purchase, barter or exchange within the period beginning the first day of August and ending the first day of December of each year, to such person or persons as shall file with said commissioners of roads and revenues, or other such county authorities, a written application therefor, the granting of which shall be recommended by at least ten landowners, resident within the district wherein said applicant intends to do business. Such license shall specify the exact place whereat the said business shall be carried on, and the period within which such traffic is permitted, and shall continue for the space of time above named, and for such license, if granted, a fee of five hundred ($500.00) dollars shall be paid by the applicant to the county treasurer for the use of said county. License therefor. Fee for license.

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SEC. 3. Be it further enacted, That any person who shall hereafter traffic in seed cotton by purchase, barter or exchange, without first having obtained a license as above provided, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Penal Code of Georgia of 1895. Penalty. SEC. 4. Be it further enacted by the authority aforesaid, That any person to whom license to traffic in seed cotton may be granted shall keep at said place of business a book in which shall be entered the date of every purchase, from whom purchased, and the quantity purchased, which book shall always be open to inspection of persons applying therefor, and any person to whom a license may be granted, as herein provided, failing to comply with the requirements of this section shall, on conviction, be liable to the penalties specified in section 3. Record of purchases to be kept by licensee SEC. 5. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1907. SCREVEN COUNTY, LICENSE FEE TO SELL LIQUOR. No. 154. An Act to repeal an Act passed by the General Assembly of Georgia, and approved on the eleventh day of August, 1881, prescribing the method of granting license to sell spirituous and intoxicating liquors in the county of Screven, and to increase the fee for said license to ten thousand dollars, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act passed by the General Assembly of Georgia, approved on the eleventh day of August, 1881, prescribing the method of granting license to sell spirituous and intoxicating liquors in the county of Screven, and to increase the fee for said license to ten thousand dollars, is hereby repealed. Screven county, sale of intoxicants. SEC. 2. Be it further enacted by the authority aforesaid, That all the provisions contained in said Act above referred to, prescribing the method of granting license to sell spirituous and intoxicating liquors within the county of Screven, as well as the increasing

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of said license to ten thousand dollars, and prescribing a punishment for the violation of same shall, from and after the passage of this Act, become inoperative, and of no effect within the county of Screven. Law to license repealed. 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 22, 1907. SCREVEN COUNTY, LICENSE TO SELL LIQUORS. No. 299. An Act for the purpose of repealing an Act of the General Assembly of Georgia, approved March 2, 1874, which was an Act prescribing the mode of granting license to sell intoxicating liquors in the county of Screven, 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 of the General Assembly of Georgia prescribing the mode of granting license to sell intoxicating liquors in the county of Screven, approved March 2, 1874, and prescribing a penalty for the violation of same is hereby repealed. Screven county, sale of intoxicants. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage and approval of this Act all of the provisions of the said Act above referred to, regulating the sale and prescribing a mode of granting license to sell intoxicating liquors in the county of Screven, and prescribing a punishment for the violation of same shall become inoperative and of no effect within the county of Screven. Law to license repealed. 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 22, 1907.

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SCREVEN COUNTY, SALE OF LIQUOR. No. 201. An Act for the purpose of repealing an Act of the General Assembly of Georgia, approved February 20, 1873, which was an Act passed to regulate the sale of spirituous liquors in the county of Screven, 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 passed by the General Assembly of Georgia and approved February 20, 1873, for the purpose of regulating the sale of spirituous liquors within the county of Screven, is hereby repealed. Screven county, sale of intoxicants, law regulating sales repealed. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, all the provisions regulating the sale of spirituous liquors and intoxicating liquors set forth in said Act aforesaid, together with the penalties therein provided for, is declared of no effect and inoperative within the county of Screven. 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 22, 1907. SCREVEN COUNTY, LICENSE TO SELL LIQUOR. No. 152. An Act to prescribe the method of granting license to sell all intoxicating liquors within the county of Screven, except in so far as to conflict with the Domestic Wine Act, approved February 27, 1877, and the Acts amendatory thereof; to prescribe a fee of ten thousand dollars for said license; to provide a punishment for the violation of same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, no license to sell intoxicating liquors in any quantity in the county of Screven, in this State, shall be granted until the applicant therefor

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for shall obtain the written consent of the entire grand jury sworn in for the spring term of superior court of said county, which written consent must be presented by the applicant for such license to the officers of such county authorized by law to grant license to retail spirituous liquors, and must state that the grand jury has examined into the character of the applicant and consented to a license being granted upon a compliance with the other requirements of the law. Screven county, license to sell intoxicants how granted. SEC. 2. Be it further enacted by the authority aforesaid, That before any license to sell intoxicating liquors in any quantity in the said county of Screven shall be granted the applicant therefor shall pay to the officer authorized by law to grant license to sell spirituous liquors by retail the sum of ten thousand dollars, and any license granted for such purpose without the payment of said sum and a full compliance with all the requirements of this Act, and the general law in relation to granting license to retail spirituous liquors, shall be null and void. License fee. SEC. 3. Any person, or persons, who shall, by themselves, agents or employees, either directly or indirectly, sell in any quantity in the said county of Screven any intoxicating liquors without first having obtained a license to sell intoxicating liquors in said county from the officers authorized by law to issue license to sell spirituous liquors, shall be guilty of a misdemeanor, and, on conviction, punished as provided in section 1039 of the Penal Code of Georgia of 1895, and shall be liable to prosecution wherever their principal or employers would be, and, on conviction, punished as prescribed in said section 1039 of the Penal Code of Georgia of 1895. Penalty for selling without license. SEC. 4. Be it further enacted by the authority aforesaid, That before said license shall be granted, the applicant shall give the bond and take the oath now required by law for retailers of spirituous liquors. Bond and oath of licensee. SEC. 5. Be it further enacted by the authority aforesaid, That nothing contained in the foregoing Act shall in any manner operate to change, alter or impair the present law of force in said county, known as the Domestic Wine Act, approved February 27, 1877, providing for the regulation of the sale of domestic wines, and the Acts amendatory thereof. Domestic wine. 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 22, 1907.

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SCREVEN COUNTY, SALE OF SEED COTTON. No. 273. An Act to regulate the sale of seed cotton within the county of Screven between sunrise and sundown and prescribe a punishment for the violation of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person to purchase seed cotton within the county of Screven between sunrise and sundown, who does not keep a regular book known as his cotton book, in which he shall carefully enter the name of the party from whom he purchased same, the amount of seed cotton purchased and the price paid for same and the date in which the same was purchased and the hour of the day in which the purchase was made. Screven county, traffic in seed cotton regulated. SEC. 2. Be it further enacted, That any person purchasing seed cotton as provided in section 1 of said Act and not complying with the regulations therein stipulated in any of said particulars, shall be guilty of a misdemeanor, and fined as prescribed in section 1039 of the Penal Code of 1895. Penalty for illegal purchase. SEC. 3. Be it further enacted, That this law is only supplementary and not intended to be in conflict with the law already of force in the county of Screven preventing the sale of seed cotton altogether, from sundown until sunrise. This act amendatory of existing law. 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 22, 1907.

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SPALDING COUNTY, IMPROVEMENT OF ROADS AND BRIDGES. No. 90. An Act to permit the commissioners of roads and revenues of Spalding county, Georgia, to use the money now in the county treasury which was obtained from taxes for the year 1905 and levied for court-house purposes, to be applied by said board for improving the roads and bridges in said county, and for other county purposes. Also, to permit said board to sell the lot of land on the corner of Sixth and Solomon streets, in the city of Griffin, which was purchased by the proceeds of a tax levied for court-house purposes, at public or private sale in the discretion of said board and apply the proceeds to the improvement of the roads and bridges in said county, and for other county 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 of Spalding county, Georgia, are hereby authorized and empowered to use $1,835.55 in the county treasury of said county arising from a tax levied upon property in said county for the year 1905, for court-house purposes, for the purpose of improving the roads and bridges in said county, and for other county purposes in their discretion. Spalding county, improvement of roads and bridges appropriation for. SEC. 2. Be it further enacted, That said commissioners of roads and revenues of Spalding county are hereby authorized and empowered to sell at public or private sale, a certain lot owned by said county in city of Griffin, Georgia, fronting on Solomon street 166 feet, and running along Sixth street to Bank alley 210 feet, purchased with the proceeds of a tax levied for court-house purposes, and apply the proceeds arising from said sale to improving the roads and bridges in said county, and for other county purposes, in their discretion. Sale of real estate, proceeds of how used. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 19, 1907.

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STEPHENS COUNTY, DRAINAGE. No. 37. An Act to provide for the removal of all obstructions of all kinds, other than dams used for operating mills or machinery of other kind, from creeks and other running streams of the county of Stephens, to compel the owners of land in said county in which said streams may flow to remove obstructions; providing in what manner the same may be removed when said landowners neglect or refuse to remove such obstruction, and to provide for the drainage of the lands in said county through which said streams flow and extension of drains and 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 Stephens 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 obstruction, including trash, trees, timbers, rafts and other obstruction, except dams erected for the purpose of running machinery or for fishponds, which are excepted from the operation of this Act. Stephens county, removal of obstructions in streams. SEC. 2. Be it further enacted, 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 the 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 citizen of the county, shall cause said obstruction 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

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of the defaulting landowner, superior to all other liens except liens for taxes. Cost of removal taxed against landowner. SEC. 3. Be it further enacted, That should any landowner in said county of Stephens 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 land 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 to be enforced as other laborer's liens are now enforced under the law, and be enforced in the same way, or the same may be recovered in a suit therefor. Defaulting landowner liable for cost of removal by adjoining landowner. SEC. 4. Be it further enacted, 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, That whenever the owner of any land in said county of Stephens shall cut or dig any ditch or drain to the line of an adjoining landowner and it shall be necessary to extend such ditch or drain through the lands of some adjoining landowner to a proper outlet in order to drain his land, and such adjoining landowner refuses to extend such ditch or drain, or to allow the same to be extended through his or her lands, then, and in that event, it shall be lawful for the 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 landowner be injured or decreased in value by reason of such ditch or drain the party so injured

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shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three freeholders of said county, to be appointed by the ordinary thereof. Drainage. SEC. 6. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Stephens and other counties. 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 13, 1907. TIFT COUNTY, BOARD OF COMMISSIONERS. No. 34. An Act to create a board of commissioners of roads and revenue for the county of Tift; provide the manner of their election, to define their powers and duties, provide for their compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and approval of this Act, there shall be established in and for the county of Tift a board of commissioners of roads and revenues consisting of five upright, discreet freeholders of said county of Tift; provided, however, that after the first day of January, 1909, the number of members composing such board shall be reduced to three, as hereinafter provided. Tift county commissioners of roads and revenues. SEC. 2. Be it further enacted, That H. H. Tift, I. W. Bowen, William Gibbs, T. E. Phillips and John Goff of the county of Tift, shall constitute the first board of commissioners under and by virtue of this Act, and whose term of office shall commence immediately after the passage of this Act, and upon taking the oath of office, and such persons shall constitute the board of commissioners of roads and revenues of the county of Tift until the first day of January, 1909, or until their successors are elected and qualified. Commissioners named. SEC. 3. Be it further enacted, That at the election in October, 1908, for the members of the General Assembly and county officers there shall be elected in the same manner as other county officers, a board of three commissioners of roads and revenues

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of Tift county, whose terms of office shall begin on the first day of January, 1909, and the three commissioners thus elected shall be commissioned for a term of two years from January 1, 1909, or until their successors are elected and qualified. That at the general election of members of the General Assembly and county officers held biennially after the election in October, 1908, there shall be elected for a term of two years a board of three commissioners of roads and revenues for said county of Tift, whose term of office shall be two years and shall commence on January 1st, following their election. Election of successors. SEC. 4. Be it enacted by the authority aforesaid, that all vacancies occurring on such board of commissioners by death, resignation or otherwise, shall be immediately filled by the remaining members of the board who shall choose the successor by ballot, a majority vote shall be sufficient in such election. Vacancies. SEC. 5. Be it further enacted, That any person named herein as commissioner or who may be elected as a commissioner, shall be commissioned by the Governor of the State of Georgia, and shall, before entering upon the discharge of his duties, take and subscribe the following oath of office before the ordinary of Tift county, which oath shall be recorded on the minutes of the court of ordinary (which oath shall be in addition to the oath provided by law for all civil officers of this State), to wit: I do solemnly swear that I will well and truly discharge the duties of commissioner of roads and revenues of Tift county, and in all matters which require my official action, to the best of my knowledge and skill, I will so act as in my judgment will be most conducive to the welfare and best interests of the entire county; so help me God. Oath of commissioners. SEC. 6. Be it further enacted by the authority aforesaid, That the board of commissioners of roads and revenues of Tift county shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, private ways, county finances, the levying and collecting of taxes for county purposes, the erection and maintenance of public buildings, the disbursing of county funds, and supervision over and control of and exclusive jurisdiction over and in all county matters wherein jurisdiction is now vested in the ordinaries of this State in counties where there exist no boards of roads and revenues. Jurisdiction of board. SEC. 7. Be it further enacted, That the said board of commissioners shall hold their regular meetings on the first Monday in each month at the county seat of Tift county, but special meetings may be held when, in the judgment of the board, the interests

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of the county demand it. The board shall be required to keep correct minutes of all their official acts, and shall have authority to purchase and pay for out of the county funds all necessary books, stationery, etc., for this purpose. Meetings of board. SEC. 8. Be it further enacted, That the compensation of the members of the board shall be one hundred dollars per annum each, to be paid from the county treasury. Salary of commissioners. SEC. 9. Be it further enacted, That the board of commissioners shall elect a clerk of the board, the board to fix the compensation of such clerk, and the board shall elect one of their members clerk. Clerk, SEC. 10. Be it further enacted, That the majority of the members of said board shall constitute a quorum for the transaction of all business, and that a majority of the board must concur in order to pass any order, or let any contract, or grant or allow any claim against the county. Quorum. SEC. 11. Be it further enacted, That said board of commissioners shall have the right and power to summon parties or witnesses before them, and shall have the power to punish for contempt by a fine not exceeding $50.00, or imprisonment not exceeding thirty days. Powers of board. SEC. 12. Be it further enacted, That no person shall be eligible to be a member of the board of commissioners unless such person shall have been a citizen of Tift county for two years immediately preceding his election. No member of the board of commissioners shall be eligible to hold any other county office while a member of such board. Qualifications of commissioners. SEC. 13. Be it further enacted, That the board of commissioners shall have the right and authority to employ a county attorney when necessary, his compensation to be fixed by the board and paid from the county treasury. County Attorney. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1907.

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TIFT COUNTY, LICENSE FEE TO SELL LIQUOR. No. 269. An Act fixing the annual license fee for retailing or vending in any quantity vinous, spirituous, malt or intoxicating liquors, or intoxicating beverages, in the county of Tift at twenty thousand dollars, and to provide a penalty for violation of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the annual license fee to retail or vend in any quantity spirituous, vinous, malt or intoxicating liquors, or intoxicating beverages, or ingredients or mixtures of the same, anywhere in the county of Tift, in this State, or in any incorporated city, town or village in said county, shall be twenty thousand dollars. Tift county license fee to sell intoxicants. SEC. 2. Be it further enacted by the authority aforesaid, That neither the county authorities of Tift county, nor the municipal authorities of any municipality in said county, shall grant or issue license to any person to retail or vend spirituous, vinous, malt or intoxicating liquor, or intoxicating beverages, or ingredients or mixtures of the same, in any quantity in the county of Tift until the person applying for said license shall have paid into the county treasury the sum of twenty thousand dollars, and shall have given bond and taken the oath required by law of retailers of spirituous liquors, and shall have otherwise complied with the general laws in reference to the retailing or vending of such liquors. Payment of fee. SEC. 3. Be it further enacted by the authority aforesaid, That the words spirituous, vinous, malt or intoxicating liquors, or intoxicating beverages, or ingredients or mixtures of the same, as used in this Act shall be construed to mean and embrace all and every kind of distilled spirits, malt liquors, wines, beer, ciders and beverages of any kind which, if drunk to excess, will produce intoxication. All intoxicants. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, by himself or agent, either directly or indirectly, to sell, barter, exchange, furnish or supply any of the liquors mentioned in sections 1 and 2 of this Act in any quantity in the county of Tift for a valuable consideration, or to give away such liquors for the purpose of inducing trade,

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without first paying said license of twenty thousand dollars, as provided in sections 1 and 2 of this Act. Sale without license unlawful. SEC. 5. Be it further enacted, That nothing in this Act shall be construed to permit the sale or to require said annual license fee for the sale of domestic wines, in the county of Tift, as now provided by the general laws of the State of Georgia in reference to the sale of domestic wines, or for the sale of wine for sacramental purposes. Domestic and sacramental wine. SEC. 6. Be it further enacted by the authority aforesaid, That any person or persons, firm or corporation, violating the provisions of this Act shall be guilty of a misdemeanor, and shall on conviction be punished as provided in section 1039 of volume 3 of the Code of 1895. Penalty for illegal sale. 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 22, 1907. TOOMBS COUNTY, PUBLIC ROADS. No. 86. An Act to provide for the working of the public roads, and the building and repairing of bridges in the county of Toombs; to authorize the ordinary, county commissioners, or whoever may have charge of the county affairs of said county, to appoint a road superintendent of public roads and bridges, and overseers, and to fix their qualifications, compensations and define their power and duties; to provide who shall be subject to road duty, and commutation tax in lieu of work; and to provide for the punishment of defaulters and delinquent officers; to provide for levying a tax for road purposes; to authorize the proper authorities to purchase, hire or rent all machinery, implements, stock, tools and other things necessary for the working of said public roads and bridges and repairing the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the commissioners of roads and revenues, or the ordinary, or the county judge, as the case may be, or such other officer as now has control of the county matters, or may hereafter have control

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of the county matters of the county of Toombs, shall have the sole right, power and authority to lay out, open, change or discontinue public roads, and sole management of the working of said roads; and said authorities shall have right and authority to appoint a superintendent of the public roads, and also to appoint any and all overseers, guards and officers that may be required to carry out the provisions of this Act. Toombs county, public roads. SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, That it shall be the duty of the superintendent, so appointed, as above provided, to superintend and have a general supervision of all the public roads and bridges in said county of Toombs, and to assist the ordinary, or whoever may have charge of the county matters of said county of Toombs, in the management of said public roads and bridges, and he shall be subject to the direction of the ordinary, or county authorities, in the management of the building and repairing of the public roads and bridges of said county. It shall be the duty of the ordinary or county authorities, with the assistance of said superintendent, so appointed, to appoint a road overseer in each militia district, whose duty it shall be to give notice to all persons subject to road duty, and to oversee the work on the public roads, and collect the commutation tax, as hereinafter set forth, to pay the same over to the superintendent, and take his receipt therefor. Superintendent. Overseers. SEC. 3. Be it further enacted, That each male citizen of the county of Toombs, State of Georgia, between the ages of twenty-one and fifty years shall be subject to road duty, except those who are mentally and physically disabled, and shall be, and are hereby required, when notified or summoned, to work on the public roads of Toombs county for the term of six days each year, or pay to the overseer by whom they are summoned or notified, at the time that they are served with the notice or before the day they are notified to work, the sum of seventy-five cents per day for each day they are required to work. Road hands commutation tax. SEC. 4. Be it further enacted by the General Assembly of the State of Georgia, That it shall be the duty of the superintendent of the public roads of Toombs county, with the assistance of the ordinary, to secure a list of all persons subject to road duty in each district in the county of Toombs and furnish a copy of said list to the overseers of their respective districts, on or by the first day of February of each year. It shall then be the duty of each overseer of each district in the county of Toombs, some time between the first day of February and the tenth day of March of each year to summon all the hands in their respective districts

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in said county to work on the public roads at least three days, and the said overseer is hereby authorized to collect from each road hand, at the time of serving said summons, or before the day at which he is summoned to work, the sum of seventy-five cents per day, or the total of two dollars and twenty-five cents, and to give receipt for the same. It shall be the duty of said overseers, between the first day of September and the tenth day of October of each year, to summon all the road hands subject to road duty in their respective districts to work on the public roads for the term of three days, which summons shall be served at least two days before the commencement of the working of said roads, and said overseer is hereby authorized to collect from each road hand in lieu of said work, at the time of serving of said summons or before the day that said work is to commence, the sum of seventy-five cents per day, and receipt for the same, which receipt shall be a relief for said road hand of road duty for that term. No person subject to road duty shall be required to work or pay any further commutation tax, except in cases of emergency, where the roads have been damaged or obstructed from providential cause, in which event the overseers, under the direction of the ordinary and superintendent, are hereby authorized to summon hands adjacent to such obstructed road and do such work as is absolutely necessary to repair the same and put them in traveling condition: provided, however, that if there is any road fund on hand to the credit of the particular district or road where such damage or obstruction occurs, the overseer is hereby authorized to contract said work and draw his warrant on the county authorities for payment of the same. Road hands how summoned. Commutation tax, when paid. SEC. 5. Be it further enacted, That the ordinary of the said county of Toombs, or the commissioners of roads and revenues or the county judge, or whoever may have charge of the county affairs, shall fix and levy a tax, additional to any now authorized by law, which shall be denominated as road tax, which shall not exceed twenty-five cents on the one hundred dollars on all the taxable property for the county of Toombs, which fund so raised, with the commutation tax heretofore provided, shall be known as the public road and bridge fund of the county of Toombs and shall be used and expended for the purpose of paying salaries and wages, as hereinafter provided, and for working, building, improving and repairing the public roads and bridges and hiring, purchasing and renting all machinery, implements, tools and stock necessary for the building, working and repairing of said public roads and bridges. Said public road fund shall be paid

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over to the superintendent of public roads by the tax-collector and road overseers, and they shall take his receipt for same. They shall furnish said superintendent, at the time of paying in said fund, a statement showing from whom the same is collected if commutation tax, from what district, and it shall be the duty of said superintendent to keep a book showing the amounts received, from what fund received and from what district, and he shall also keep a book of account of all money paid out by him and to whom paid and what district, and it shall be the duty of the tax-collector of said county of Toombs to keep a separate record of all money collected by him belonging to the road fund; such record shall show from what road district said money was received, and the said tax-collector shall pay over to said superintendent said tax, so collected, taking a separate receipt for the same, designating the amount and the district from which it is collected; and it shall further be the duty of said tax-collector of Toombs county, within ten days from the taking of said receipt, to turn the same over to the ordinary of said county of Toombs, taking from the said ordinary a receipt for every receipt so turned over; the overseers of each district shall likewise turn over to the ordinary all receipts taken from the said superintendent within thirty days from the taking of such receipts, and shall take from the ordinary a receipt for any and all receipts so turned over. It shall be the duty of said superintendent to render to the ordinary, or whoever may have charge of the county affairs, quarterly statements on the first Mondays in January, April, July and October of each year, which statements shall contain a full and complete record of all moneys received from any and all sources, and a complete and full itemized account showing the amount of disbursements, and such statement shall be accompanied by vouchers showing said disbursements and receipts, and shall show the balance on hand at the time of making each report; such quarterly statements shall be sworn to by the said superintendent before an officer of said county authorized by law to administer oaths. It shall be the duty of the ordinary of said county to lay before the grand jury of said county at the regular fall term of the superior court in each year all statements rendered to him by the superintendent of roads, also all receipts taken by him from the tax-collector or the road overseers in connection with their duties in relation to this Act; and it shall be the duty of the grand jury to look into the conditions of the roads and the road fund, and to investigate the books kept by the road superintendent, and to investigate the receipts

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taken by the different officials connected with said road Act, and the said grand jury shall make general presentments of the results of their investigations. Road tax. Public road fund, how collected and disbursed. SEC. 6. Be it further enacted by the authority aforesaid, That said authorities may purchase, hire, or rent, any and all machinery, implements, tools, wagons and stock that may be necessary and that is required for the working of said public roads and bridges. That the public road fund shall be expended by the ordinary, county commissioners of roads and revenues, county judge, as the case may be, or such other officers as may have control of the county matters, with the assistance of the superintendent of the public roads and bridges, as they may deem best for putting and keeping of the said roads in a thorough condition and repair; where and how said roads shall be worked shall be entirely in the discretion of said authorities. Machinery, etc. SEC. 7. Be it further enacted, That the ordinary, the commissioners of roads and revenues, the county judge, as the case may be, or whoever has charge of the county affairs of Toombs county, with the superintendent of public roads, shall constitute a court, and are hereby authorized and empowered to try all defaulters; and said authorities shall hold their cort for that purpose any time within thirty days after the time set for the working of the public roads of the county of Toombs at any place in said county, as may be fixed by said authorities, and that ten days' notice shall be given of time and the place to defaulters. The said authorities shall have the same authority as all other courts in the trial of road defaulters to keep order, to compel the attendance of witnesses, swear witnesses, take testimony and to punish for contempt, issue executions for fines, impose fines, issue commitments, impose penalties. Defaulters, how and by whom tried. SEC. 8. Be it further enacted, That any person who has failed or refuses to pay the commutation tax when demanded, or refuses to appear at the time and place appointed to work, when summoned or notified by the overseer, without a good excuse, shall be fined not less than one nor more than five dollars for each day he fails to work, or be imprisoned in the common jail, at the discretion of the authority trying the case, or sentenced to work on the chaingang for not longer than thirty days. Penalty. SEC. 9. Be it further enacted, That the compensation to be paid to the superintendent of the public roads shall be such amount as agreed to between the ordinary, commissioners of roads and revenues, county judge, or whoever may have charge of the county affairs and appointment of such superintendent.

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Each overseer appointed for each militia district in said county shall receive as compensation the sum of two dollars per day for the time actually used and work done in summoning the road hands and overseeing the work on said public road. Compensation of Superintendent and overseers. SEC. 10. Be it further enacted, That it shall be the duty of the ordinary, commissioners of roads and revenues, county judge, or whoever may have charge of the county affairs of Toombs county, with the superintendent of public roads and overseers of roads of the county of Toombs, on the first day of February, or just as soon thereafter as practical, to apportion the persons subject to road duty, residing in their respective districts, upon the different public roads thereof, and so far as possible each hand shall be appointed to work on the nearest public road where he resides and in his respective district. Apportionment of hands. SEC. 11. Be it further enacted, That the term of office of the superintendent of public roads shall be for the term of two years, unless sooner removed by the authority making that appointment, who is hereby authorized to do so for good reason or cause; and the term for each district road overseer shall be for the term of one year, unless sooner removed, which is authorized to be done by the ordinary and county superintendent of public roads for good and sufficient cause. The superintendent of public roads is hereby required to give good and sufficient bond to the ordinary of the county of Toombs and his successors in office, in the sum of $5,000, for the faithful discharge of his duties, which bond shall be approved by the ordinary and filed in the office of the ordinary before he enters on the discharge of his duty; and each road overseer shall give bond in the sum of $500.00 for the faithful discharge of his duty as road overseer, filed with and approved by the ordinary of the county before entering upon his duties. That the superintendent and road overseers shall each take and file in the office of the ordinary of the county of Toombs the following oath before entering upon his duties: I, , superintendent of public roads of Toombs county (or overseer of the public roads of Toombs county, as the case may be) do swear that I will faithfully discharge the duties devolved upon me as superintendent of the public roads of Toombs county (or road overseer, as the case may be), to the best of my skill and knowledge; so help me God. Terms of office, bonds and oath of Superintendent and Overseers. SEC. 12. Be it further enacted, That the road superintendent, or the overseers of the public roads of Toombs county, shall not be interested, directly or indirectly, in taking, bidding off, any contract upon the public roads of said county; that any failure

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on their part, or either of them, to perform any duty required by this Act, or for making any fraudulent disposition of any public funds belonging to said public roads, as hereby provided for, or of being interested directly or indirectly in any contract authorized to be made by them, or for any other violation of this Act, shall be guilty of and punished as for a misdemeanor. Liability of Superintendent and Overseers. SEC. 13. Be it enacted by the General Assembly of the State of Georgia, That the overseers of the public roads of Toombs county shall, with the assistance and approval of the superintendent of public roads and the ordinary, be authorized to hire hands or let out work upon the public roads of their respective districts, either by day or contract labor, and shall inspect and receive the same and report the same to the superintendent of public roads, and draw his warrant on the same on the said superintendent. That the superintendent of the public roads, where the public roads are worked by machinery, road machines, to make such contracts as he may deem expedient and proper for such work, with the approval of the ordinary or other county authorities who may have charge of the county affairs, and inspect, receive and pay for the same. Contracts for road work. SEC. 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act shall be, and the same are, hereby repealed. Approved August 19, 1907. UNION COUNTY, FISHING LAW REPEALED. No. 140. An Act to repeal an Act entitled an Act to prevent the taking of fish from Notla river, in Union county, with seines or nets of any kind, or to entrap with any device whatever; to provide a penalty for violations of the same, and for other purposes, approved August 17, 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 an Act entitled an Act to prevent the taking of fish from Notla river, in Union county, with seines or nets of any

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kind, or to entrap with any device whatever; to provide a penalty for violations of same, and for other purposes, approved August 17, 1903, and the same is hereby repealed. Union county, fishing law repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. WILCOX COUNTY, PINEVIEW SCHOOL DISTRICT, CHARTER REPEALED. No. 127. An Act to repeal the Act approved August 16, 1905, entitled an Act to incorporate Pineview school district, in the county of Wilcox, 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 the above recited Act be, and is hereby, repealed. Pineview school district, charter repealed SEC. 2. Be it further enacted by the authority aforesaid, That the title to the property now held by the trustees of said Pineview school district shall vest in the board of trustees of the municipal public schools provided for in an amendment to the Act creating a charter for the town of Pineview, in the county of Wilcox. Property of SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall not become effective until the Act amending the charter of the town of pineview and providing for the establishment of a municipal system of public schools therein shall become effective. Public schools. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be, and are, hereby repealed. Approved August 22, 1907.

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WESLEYAN FEMALE COLLEGE, TITLE TO GROUNDS. No. 59. An Act to acknowledge and quiet the title of the Wesleyan Female College to that portion of its campus that would be covered by Madison street, if extended through the same, and which said college now holds under grants from the mayor and council of the city of Macon, and for other purposes. SECTION 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, That the title of the Wesleyan Female College to that portion of its campus that would be covered by Madison street if extended through the same, and which is now included in said campus, shall be, and the same is hereby, confirmed to said Wesleyan Female College, and the grants, contracts and resolutions authorizing the closing of said street and vesting the title to the said property covered by said street if extended in the Wesleyan Female College shall be, and the same are, hereby approved, ratified and confirmed. Wesleyan Female College, grounds of. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved August 17, 1907.

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

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Adairsville, charter amended Ailey, charter amended. Allapaha, charter amended. Albany, new charter. Albany, charter repealed. Annestown, incorporated. Apalachee, incorporated. Athens, issue of bonds for schools. Athens, dispensary abolished. Atlanta, charter amended. Auburn, charter amended. Augusta, charter amended. Babcock, charter amended. Barnesville, Gordon college and public schools. Barnesville, public schools. Bethlehem, charter repealed. Bethlehem, incorporated. Beverly, incorporated. Boston, charter amended. Boston, charter amended. Bowman, incorporated. Boynton, incorporated. Braswell, charter amended. Bremen charter amended. Brinson, incorporated. Bushnell, incorporated. Cadwell, incorporated. Calhoun, charter amended. Camilla, new charter. Carlton, issue of school bonds. Carrollton, charter amended. Cedartown, charter amended. Chipley, pro rata share of school fund. Columbus, dedication of streets to churches. Columbus, charter amended. Commerce, pro rata share of school fund. Covington, charter amended. Covington Mills, town of incorporated. Crandall, incorporated.

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Dacula, charter amended. Dallas, charter amended. Danielsville, charter amended. Decatur, charter amended. Dexter, charter amended. Diffee, incorporated. Dooling, incorporated. Douglasville, charter amended. Eastman, new charter. Eastman, charter repealed. East Point, charter amended. Edison, charter amended. Elberton, charter amended. Eleanor, incorporated. Fairfax, incorporated. Ficklen, incorporated. Fitzgerald, charter repealed. Fitzgerald, incorporated. Flovilla, charter amended. Forsyth, charter amended. Fort Gaines, city of incorporated. Fort Valley, charter amended. Funston, public school system. Gay, incorporated. Glennville, charter amended. Grayson, charter amended. Griffin, charter amended. Hampton, charter amended. Hapeville, public school. Hapeville, charter amended. Haralson, incorporated. Harrison, new charter. Hazlehurst, charter amended. [Illegible Text], charter amended. Homerville, new charter. Hull, charter amended. Ideal, incorporated. Iron City, charter amended. Jakin, charter amended. Kennesaw, charter amended. LaGrange, to close Tanyard street. Lawrenceville, charter amended. Lawson, charter amended. [Illegible Text], incorporated. Linwood, incorporated. Lithonia, school district limits. Lithonia, charter amended. Louisville, public school system. Lumber City, charter amended. Lyons, charter repealed. Lyons, incorporated. Lyons, public school system. Machinery City, incorporated. Macon, charter amended. Macon, charter amended. Marietta, charter amended. Maxey's, incorporated. Maysville, charter amended. Muledgeville, conveyances by, confirmed. Millen, charter amended.

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Montezuma, public school system. Montezuma, charter amended. Monticello, board of education. Moreland, charter amended. Mt. Airy, charter amended. Mountain City, incorporated. Mullis, charter amended. Nelson, charter amended. Nelson, public school system. Newborn, charter amended. Newnan, charter amended. Newnan, charter amended. Nicholson, incorporated. Norman Park, charter amended. Norristown, incorporated. Oakland City, charter amended. Ochlocknee, charter amended. Ocilla, charter amended. Odum, incorporated. Offerman, charter amended. Offerman, charter amended. Oglethorpe, charter amended. Ohoopee, incorporated. Patten, incorporated. Pineview, charter amended. Pretoria, incorporated. Riverside, incorporated. Rome, new charter. Roopville, charter amended. Rossville, charter amended. Roswell, public school. Royston, charter amended. Rutledge, charter amended. [Illegible Text], charter amended. Savannah, grant to the citizens and Southern Bank. Savannah, streets, etc. Screven, incorporated. Sparks, charter amended. Springfield, incorporated. Statham, charter amended. Summerville, charter amended. Summerville, charter amended. Talbotton, public school system. Temple, public school system Thomaston, charter amended. Thomson, public school system. Tifton, charter amended. Tignall, incorporated. Trion, charter amended. Valdosta, public school system. Warrenton, public school system. Washington, charter amended. Waycross, depot of Atlantic Coast Line. Whigham, charter amended. Whitesburg, public school system. White Sulphur Springs, incorporated. Winder, charter amended. Wrightsville, charter amended. Wrightsville, public school system.

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ADAIRSVILLE, CHARTER AMENDED. No. 194. An Act to amend the charter of the town of Adairsville, in Bartow county, Georgia, and the various Acts amendatory thereof, so as to extend the corporate limits of said town to embrace East View Cemetery; to change the terms of the mayor and aldermen; to empower said town to enforce the necessary police regulations over the water basin and shed from which its public water supply is obtained, and for the protection of its waterworks in all its parts, whether within or without the corporate limits, and to protect the public cemetery; to provide for the registration of voters in said town; to enlarge the jurisdiction, powers and authority of the mayor and council of said town of Adairsville, and for other purposes therein contained. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act the charter of the town of Adairsville, in Bartow county, Georgia, and the various Acts amendatory thereof be, and the same is, hereby amended as follows: That the eastern corporate limits of said town be, and are hereby, enlarged and extended so as to include therein the public cemetery, known as East View, the line to commence at the present city limits at a point parallel with south line of said cemetery and running to southeast corner thereof, thence north to the northeast corner of same, thence west to the present corporate line. Adairsville corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That the mode of electing and terms of office of the mayor and aldermen of said town be, and the same is, hereby changed as follows: At the next election in said town, to be held on the first Saturday in January, 1908, there shall be elected a mayor, who shall hold his office for a term of two years; and a mayor shall be elected every two years thereafter whose term of office will be two years, and at the same election there shall be elected two aldermen for a term of two years and two aldermen for a term of one year. The two persons receiving the highest number of votes for aldermen at the first election shall hold their offices for two years, and the two persons receiving the

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next highest number of votes shall hold their offices for one year, and annually thereafter, on the first Saturday in January, two aldermen shall be elected, whose term of office will be two years. The mayor and aldermen so elected to hold their offices until their successors are elected and qualified, and all vacancies to be filled as now provided by the charter of said town. Mayor and Aldermen, election and terms of office. SEC. 3. Be it further enacted, That the jurisdiction of the mayor and council and the territorial limits of said town of Adairsville are hereby extended for police and sanitary purposes over the lands now owned, and may hereafter be acquired by said town, at its waterworks station, along the mains and pipes and reservoir and the adjacent lands; also over any lands hereafter acquired for waterworks purposes, and over the pipes, mains and reservoir of said waterworks system; and they shall have power and authority to provide by ordinances for the protection of the waterworks system of said town 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 town shall have authority to arrest any person, or persons, violating said ordinances wherever found, within or without the limits of said town. The mayor and aldermen of said town shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said town for sewerage or drainage; also, over the territory embraced in the public cemetery, and for a distance of five 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 town 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 town. Jurisdiction for police and sanitary purposes. SEC. 4. Be it further enacted, That said mayor and aldermen shall have full and absolute control of all pipes, sewers, private drains, water-closets and the like in said town, 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 town. The said mayor and council shall have full power and authority to prescribe the kind of water-closets and urinals to be used in the corporate limits of said town, 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

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council, or whenever they shall become a nuisance; they shall also have power and authority to compel the owner to connect water-closets and urinals on the premises of property-owners with the sanitary system of said town, when such property is located on or near a street where there are such sewers, and under such rules and regulations as may be prescribed by the mayor and council; and said property-owners who fail to connect any water-closet or urinals on the premises with the sanitary sewers of said town within the time prescribed, said mayor and council may make such connection and assess the cost of said connection and fixtures and collect same by execution issued by the clerk of the council against said real estate and which execution may be enforced in manner prescribed in this Act for the enforcement of executions in favor of said town. Control of pipes, sewers, [Illegible Text] SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Adairsville may require and provide for the registration of voters for any or all elections for any purpose in said town, and are hereby empowered to make and enforce such rules and regulations by ordinances for this purpose as they deem best, not inconsistent with the laws of this State. Registration [Illegible Text] voters. SEC. 6. Be it further enacted, That the said mayor and council of said town shall have the right and power to provide for and regulate the curbs and gutters that empty into the streets or sidewalks in said town; to regulate or prohibit (except as such power may be restricted or limited by any existing general laws) the use of the streets, sidewalks and public grounds for signs, sign-posts, awnings, telegraph and telephone poles, horse-troughs and racks and for posting handbills and advertising; to regulate or prohibit the carrying of banners, handbills and placards on the streets and sidewalks and public places of said town; also, to compel any telegraph or telephone company having previously erected poles and wires in said town to remove same to any location designated by the mayor and council, and in case said telephone or telegraph company shall fail to remove same within ten days after having been duly notified to do so, said authorities shall have the right and authority to remove same at the expense of said company, and to collect the same by execution. Control of streets, etc. SEC. 7. Be it further enacted, That the mayor and council of said town shall have full power to require the railroads running through said town, or any portion thereof, to make and repair such crossings on their several roads whenever and in such

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manner, as said mayor and council shall deem necessary; to place or repair such crossings, or to open and keep open any and all streets in said town, now or hereafter established, and the mayor and council may pass any ordinance needful for carrying out the provisions of this section; and in case the railroads as aforesaid shall fail or refuse to make such crossing within ten days, or to repair same within five days, after having been notified to do so, the mayor and council shall have the power to create and make same across such railroads and repair same at the expense of said railroad; and may issue execution therefor, and levy and collect the same as provided in the case of other executions in favor of said town. Railroad crossings. SEC. 8. Be it further enacted, That the mayor and council of said town shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, resin, coal, benzine, naphtha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, dynamite or other combustible or explosive substance or material, within the limits of said town; and to regulate the use of lights in stables and shops or other places; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, romancandles, firing of guns, pistols, anvils, building bonfires and every kind of hunting within the corporate limits of said town. Explosives SEC. 9. Be it further enacted, That the mayor and council of said town shall have power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said town, and to prevent and prohibit the keeping of hogs within its limits, or 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 town, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keeping 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 as may be prescribed by the mayor and council. Animals, etc. SEC. 10. Be it further enacted, That the mayor and council of said town 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

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laying out new streets and alleys, and for widening, straightening and grading or in any way changing the street lines and sidewalks of said town and when the mayor and council of said town shall desire to exercise the power and authority granted in this section, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, in the manner provided by section 4657-4685, inclusive, of volume 2 of the Code of Georgia of 1895 and the Acts amendatory thereof. The mayor and council may abandon such proceedings at any time upon payment of accrued costs. The mayor and council shall have full power and authority to remove or cause to be removed any buildings, steps, fence, gate, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Streets, etc Condemnation of property. SEC. 11. Be it further enacted, That the mayor and council of said town may, by ordinance, provide for a board of health, to consist of such number, to hold office such length of time and to have such powers and duties, and to receive such compensation, if any, as the mayor and aldermen may, by ordinance, provide. The chairman of the committee on sanitary affairs of said town 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 council may prescribe and to visit every portion of the town, and to report to the mayor and council all nuisances which are likely to endanger the health of the said town or any inhabitant. Said mayor and council shall have power, upon report of the said board of health, to cause such nuisances to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or owner of the property upon which the same may be located, as the mayor and council may elect; and execution may issue against said party to collect the expenses of removal of said nuisance, which may be collected by the marshal, and by levy and sale as other executions are collected in favor of said town. Board of health. SEC. 12. Be it further enacted, That said mayor and council shall have full power and authority to cause owners of town lots or parts of lots, wells and cellars, if same should prove a nuisance, or the board of health should recommend that the said lots, wells or cellars be filled or drained, to cause the owners to fill or drain said wells, lots or cellars to the level of the streets

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or alleys upon which said lots, wells 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 council may elect, to comply with the requirements of the said mayor and council by draining or filling said lots, wells or cellars, it shall be lawful for said mayor and council 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. Drainage. SEC. 13. Be it further enacted, That said mayor and council may, by ordinance, declare what shall be a nuisance in said town and provide for the abatement of same. The mayor's court in said town shall have concurrent jurisdiction with the mayor and council of said town in respect to the trial and abatement of all nuisances and annoyances in said town. Nuisances. SEC. 14. Be it further enacted, That said mayor and council shall have full power and authority to pass such ordinances as they may think proper to effectually prohibit the sale of spirituous, vinous, malt or intoxicating liquors within the corporate limits of the town of Adairsville, and for that end may provide ordinances punishing any person or persons keeping in said town spirituous, vinous, malt or intoxicating liquors for illegal sale or dispensing same for advertising purposes, or in order to secure trade, or, ordinances punishing any person or persons who may purchase in said town any of said liquors from any person or persons illegally selling, by himself or agents, any of said liquors within the corporate limits of said town. Sale of intoxicants. SEC. 15. The marshal and policeman of said town shall have full power and authority to enter, and if necessary, to break open and enter, any place in said town where the mayor and council may have reasonable cause to believe or may suspect to be a blind-tiger, or a place where spirituous, vinous, malt or intoxicating liquors are sold; and to seize the stock of said liquors and the apparatus for selling same. And said mayor and council shall have full power and authority to abate as a nuisance any place in said town where said mayor and council shall have reasonable cause to believe a blind-tiger is conducted or a place where spirituous, vinous, malt or intoxicating liquors are sold; and to arrest the offender or offenders and, upon a conviction of any person for maintaining a nuisance, as above stated, and as a punishment for same, said mayor and council, or said mayor, shall have full power and authority to cause the marshal and policeman of said town to seize and destroy the stock

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of liquors of said person and the apparants for selling same; and to otherwise punish the offender or offenders, as may be prescribed by ordinance. The said mayor and council shall have full power and authority by ordinance to carry into effect and to enforce the provisions of this section. Blind-tigers. SEC. 16. Be it further enacted, That said mayor and council shall and may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said town, and enlarge change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limit may be erected or covered; how thick the walls must be, the manner in which the chimneys, stovepipes and flues shall be constructed; to change all things that they may deem necessary to protect said town so far as possible from danger from fire, and to prevent conflagrations. They also shall have power and authority to order any changes in the construction or arrangement, stovepipes or flues, or the removal thereof, when in their judgment the same is dangerous, or likely to be so, and make the owner or occupant of the premises pay the expenses of the change, as they may elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws and ordinances of said town, said mayor and council may order said building removed; and if said person, firm or corporation shall not remove said building after notice to do so, then said mayor and council shall have power and authority to remove the same at the expense of the owner, which expense may be collected by execution. Fire limits. SEC. 17. Be it further enacted, That said mayor and council may exercise general supervision over all buildings of every character within said town, and shall have the right and authority to exercise said supervision by passing and enforcing such ordinances as may be appropriate. Supervision of buildings. SEC. 18. Be it further enacted, That the mayor and council of said town 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 immates, continue to rent or suffer the same to remain on their premises, shall, upon conviction before the mayor, be punished as the ordinances of the town may prescribe. Lewd and gaming houses. SEC. 19. Be it further enacted, That said mayor and council

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shall have full power and authority to acquire, on behalf of the town of Adairsville, 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 town. 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 town for said purposes, or upon any other fund not otherwise appropriated according to the law. Parks. SEC. 20. Be it further enacted, That the mayor and council of said town shall have power to adopt and enforce ordinances for the protection of shade trees on the streets and public places in said town, 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 council, or some officer appointed to direct same. Shade trees. SEC. 21. Be it further enacted, That the mayor and council of said town shall have power to impose a tax on all dogs within said town, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the town policeman to kill any dog, or dogs, running at large in said town whose owners fail or refuse to comply with such ordinances. Dog tax. SEC. 22. Be it further enacted, That said mayor and council shall have the power to control and regulate the running and operating of all locomotives, trains, street-cars, automobiles and all vehicles for transportation of persons or freight in said town; 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 violation thereof. Transportation. SEC. 23. Be it further enacted, That the mayor and council shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the town, and to prescribe penalty for violation thereof. Vagrancy SEC. 24. Be it further enacted, That it shall be the duty of the mayor and council of said town 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 are advisable for this purpose and providing any buildings necessary therefor, and to adopt such ordinance

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and regulations as will best promote the object of this section, and for the protection of the property from fires. Fire department SEC. 25. Be it further enacted, That the mayor and council of said town shall have power and authority to enforce, by execution, the collection of any amount due, or to become due, to said town for taxes, fines, assessments, license, fees, water rates, or otherwise, which executions shall be issued by the secretary or clerk, and bear test in the name of the mayor, and be directed to the marshal of said town, and the sheriffs, and constables of this State, who are hereby authorized and required to execute all writs, processes, warrants, executions, rules and orders of said mayor or mayor and council. All sales of said marshal shall be advertised and conducted as constables' sales. When personal property is levied upon, and when real estate is levied upon, sales shall be advertised and made as sheriff's sales, except that such sales shall be advertised in a newspaper published in said town of Adairsville, and if no newspaper is so published, then in the paper in which the sheriff's sales of Bartow county are published and such sales shall be had within the legal sale hours on the first Tuesday in the month before council chamber of said town. Said marshal shall make conveyance of all property so sold as sheriff's deeds are made, and put purchasers in possession, and such sales and conveyances shall have the same force and pass the same title as sheriff's deeds. All claims and illegalities filed to any execution shall be returned for trial to any court in Bartow county having jurisdiction of the same, and there tried as other claims and illegalities. All executions so issued shall be a lien upon all the property of the defendant from the date thereof, and shall have rank and precedence as provided by the laws of this State. Collection of taxes, etc. SEC. 26. Be it further enacted, That the corporate limits of said town of Adairsville, and the same are hereby extended, so as to include, for police and sanitary purposes only, all that certain territory which lies between the present corporate limits of said town on the east side of the Western and Atlantic railroad, and a line drawn as follows, to wit: Beginning at a point six hundred yards north of where the present northern corporate limits cross the said railroad, and running thence parallel to and in conformity with, said present limits on east side, at an equal distance of six hundred yards from same to a point six hundred yards south of where the present southern corporate limits of said town cross the Western and Atlantic railroad. And the mayor and council of said town are hereby authorized and

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empowered to enforce all the laws and ordinances of said town, now of force, or that may hereafter be adopted for the preservation of the public peace and tranquillity, the public morals and health, for sanitary purposes and for the protection of the waterworks mains, pipes and other appliances, within the territory hereinbefore described, as fully and completely as if said territory was wholly within the original corporate limits of said town; provided, that neither said town nor the mayor and council shall become chargeable, or in any manner liable, for or on account of the exercise of any of the powers by this section granted. Corporate limits. SEC. 27. 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 22, 1907. AILEY, CHARTER AMENDED. No. 68. An Act to amend the Act creating the town of Ailey, and constituting the charter of said town by and under which said proposed amendment the corporate limits of said town will be extended and defined, and 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 approved December 20, 1893, incorporating the town of Ailey, and defining the corporate limits of the same, and fixing the power of the mayor and council of said town, and the several Acts amendatory thereof be, and the same are, hereby amended as follows, to wit: That the corporate limits of said town shall be within the following boundary, that is to say, all that territory lying within the lines beginning and running as follows: Beginning at the present limits of Broad street, south one-half mile from the depot on the S. A. L. railway, and continuing an extension of said street on a straight line to a point where said street intersects with the public road leading from Mount Vernon, known as the Savannah road, thence west along northern side of said public road to a point near Limestone Branch, where said public road intersects with a straight line running parallel with and through the center of the now main school building of

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the Union Baptist Institute, said straight line extending in a northwestern direction beyond said Union Baptist Institute, and to a point where said straight line intersects a branch, and thence up the western prong of such branch to the southside of the S. A. L. railway right of way, thence east along said right of way, to the present limit of said town one-half mile from the depot of the S. A. L. railway. Ailey, Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That the Act be further amended by conferring upon the mayor of the town, and in case of his absence or disqualification, upon the mayor pro tem. of said town, the power and authority to punish all persons violating any of the ordinances of said town, by alternative sentence by either being confined in the guardhouse of said town for a term not exceeding thirty days, or by being required to work in the chaingang upon the streets or other public works for a term not exceeding thirty days or a fine not exceeding fifty dollars. Penalties for violating ordinances. SEC. 3. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved August 16, 1907. ALLAPAHA, CHARTER AMENDED. No. 57. An Act to amend the Act approved September 21, 1881, incorporating the town of Allapaha, in the county of Berrien, State of Georgia, so that said town, when said Act is so amended, may have the right to call an election for the purpose of levying bonds upon the property of said town for the erection of water-works, electric or other lighting plants, school buildings, town halls, and any and all other public enterprises that said town may need and desire, and with power to levy a tax to support the same, not to exceed three-fourths of one per centum, etc., 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, said above-recited Act is hereby amended and there shall be another section added to said

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Act to be known as section 12 (and what is now section 12 of said Act be section 13), said new section to be as follows: Be it further enacted by the authority aforesaid, That said mayor and council shall have the right to collections for the purpose of levying bonds upon the property of said town for the erection of waterworks, electric or other lighting plants, school buildings, town halls, and any and all other public buildings and enterprises that said town may need and desire, and with power to levy a tax to support the same, not to exceed three-fourths of one per centum, etc. Alapaha, municipal improvements. 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 13, 1907. ALBANY, NEW CHARTER. No. 290. An Act to create and establish a new charter for the city of Albany, to declare the rights, powers and privileges 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 name and style of the corporation shall be city of Albany, and by such, its corporate name, it shall have perpetual existence; shall sue and be sued, plead and be impleaded, and do all other acts relating to its corporate capacity. It shall have and use a common seal, and shall succeed to all the rights and liabilities of the old corporation. Albany; city of, new charter. SEC. 2. The corporate limits shall be and remain as fixed and established by the Acts of the Legislature approved December 27, 1838, December 10, 1841, February 8, 1854, September 26, 1879, October 6, 1885, December 20, 1899, December 6, 1902, and August 15, 1905, and as modified and extended and more definitely describe as follows, to wit: Commencing at a point (marked by a corner-stone) on the southeast corner of Washington street (extended) and Third street (in North Albany or Arcadia), run a line north along the east line of said Washington

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street, two thousand and eighty (2080) feet to the north line of what is commonly known and shown on the map of the city of Albany as Arcadia or North Albany, to a point marked by a cornerstone at the northeast corner of Seventh street and Washington street (extended); thence west three thousand three hundred and sixty-three (3363) feet to a corner-stone at the northwest corner of Madison street (extended) and said Seventh street; thence south two thousand five hundred and eighty (2580) feet along the west line of Madison street to a corner-stone at the southwest corner of said Madison street, extended north, and Second street (of Arcadia) extended west; thence west two thousand six hundred (2600) feet along the south line of said Second street to a corner-stone (said stone being located 1400 feet west of the old western corporate limits, which limits were fixed by the Act of 1838, as being the west line of lots numbers 333 and 334 in the first district of Dougherty county); thence south eight thousand one hundred and fifty-two (8152) feet to a corner-stone (said stone being located six hundred (600) feet south of the old southern corporate limits, which limits were fixed by the said Act of 1838 as being the southern line of lots numbers 334 and 323 in said first district of Dougherty county); thence east to a corner-stone on the east bank (at low water mark) on the Flint River; thence north along said east bank of said river (at low water mark) to a corner-stone located on the north line (extended) of what is commonly known as the Fair Grounds, said north line of Fair Grounds being the south line (extended east) of Third street (of Arcadia); thence west along said north line of said Fair Grounds to a corner-stone on the west bank (low water mark) of said river; thence north two hundred and seventy-five (275) feet to a corner-stone, thence west two hundred (200) feet to a corner-stone; thence south two hundred and seventy-five (275) feet to a corner-stone on said north line of said Fair Grounds (also, as aforesaid, being the south line of Third street extended); thence west, along north line of said Fair Grounds, one thousand six hundred and nineteen (1619) feet to the beginning point at said southeast corner of Washington and Third streets. Corporate limits. Provided, however, that it shall rest within the sound discretion of the mayor and council to, at any time, call an election for the incorporation of the contiguous territory whenever at least twenty-five residents therein shall petition the mayor and council therefor, which election shall be held as the mayor and council may by ordinance prescribe, and all the qualified voters

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in said district shall be eligible to vote thereat; a majority of those voting being in favor of incorporation, said territory shall be declared duly incorporated. Extension. SEC. 3. The municipal government shall consist of a mayor and six (6) members of council, elected from the city at large, and such other officers, servants and agents, not hereinafter enumerated, as said mayor and council may, from time to time, lawfully employ or elect. Mayor and councilmen. SEC. 4. The mayor and council shall be the supreme governing body, exercising all the powers herein conferred upon the corporation, and not otherwise specifically delegated. Powers. (1) Election for the mayor and members of council shall be by a vote of the people, and shall be held under the election regulations hereinafter prescribed, on the first Monday in December. Their terms of office shall begin on the first Monday in the January next ensuing and shall continue for two (2) years and until their successors are elected and qualified; the mayor being ineligible for a second successive term. Elections. (2) The first election held hereunder shall be on the first Monday in December, 1907, for a mayor and three (3) members of council, and at the next election thereafter, to wit: on the first Monday in December, 1908, for three (3) members of council, thus securing a rotation in office, so that the full membership of said body may not be completely changed at one election; provided, that nothing herein contained shall operate to prevent the present mayor and council from continuing in their offices for their respective terms, and until their successors are elected and qualified hereunder. First election. (3) The mayor and council shall on the first Monday in January in each year elect one of the members of council as mayor pro tem., who shall, in case of the absence or disability of the mayor from any cause, or in case of a vacancy in said office, be clothed with all the powers and fulfill all the duties of same and shall receive such compensation as the mayor and council may by ordinance prescribe. In case of the absence or disability of both mayor and mayor pro tem., the remaining members of the council shall choose one of their number to act for such time as may be necessary. Mayor pro tem. (4) A vacancy occurring in the office of mayor shall be filled for the unexpired term by a popular election, which shall be called by the mayor pro tem. for that purpose, which election shall be

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held in not more than fifty days after such vacancy occurs, and if for any reason said mayor pro tem. fails to call said election within nine (9) days after such vacancy occurs, then the clerk of council or, in his absence or failure to do so, any member of council shall call the same. Vacancy in office of mayor. (5) A vacancy occurring among the members of council shall be filled for the unexpired term, at an election by the mayor and remaining members of the council, which election shall be called by the mayor for that purpose. Said election must be held in not more than fifteen (15) days after such vacancy occurs, three votes being necessary to elect. Vacancies in office of councilman. (6) The mayor shall be the presiding officer of council, shall be entitled to vote on any question before said body, but shall only exercise such privilege in case of a tie, except in the elections provided for in section 3, section 4, paragraph 3; section 5, paragraph 1; section 12 and section 13, of this Act, and in case of impeachment as provided for in section 4, paragraph 9 of this Act. In addition the mayor shall be the supreme executive officer of the city government, shall see to it that all laws, ordinances and resolutions are properly executed, shall see to it that all officers of the city properly perform their duties and shall in all things exercise a general supervision of the city's affairs, making such recommendations to the council, from time to time, as may to him seem proper for the public good. Powers and duties of mayor. (7) The members of council, together with the mayor, shall constitute the legislative department of the government, and as such, no less than the mayor, it shall be their duty to exercise a watchful care over all the city's interests, and more especially to initiate and propose such municipal legislation as may to them seem proper and needful. Legislative department. (8) Said mayor and council shall have power to punish by execution and attachments for contempts and a penalty not to exceed fifty ($50,000) dollars, or confinement in the guard-house thirty (30) days, either or both, in their discretion; and in this connection to pass all ordinances deemed proper in the premises; shall have power to establish parliamentary rules for the orderly conduct of business, and shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as (mayor

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or member of council) of the city of Albany, during my continuance in office; that I will to the utmost of my skill and ability, promote the interest and prosperity of said city; that I will not wilfully and knowingly use or be the cause of using tyrannical means towards any citizen or portion of the citizens thereof; so help me God. Powers and oath of mayor and council. (9) That the mayor and council shall provide by ordinance for the impeachment and trial of any member of said body who, upon conviction of malpractice in office, or of any wilful neglect or abuse of the powers and duties of same, shall, by a two-thirds vote of the whole body, the mayor voting, except in case of his own impeachment, be dismissed from office. Impeachment. (10) The salary of the mayor shall be prescribed by ordinance and shall not be increased or diminished during his term of office. Salary of mayor. (11) The compensation of the members of council may be prescribed by ordinance, and shall not be increased or diminished during their terms of office. Compensation of councilmen. SEC. 5. The following municipal officers shall be elected by the mayor and council on the first Monday in January, and shall hold their offices for a term of two (2) years and until their successors are elected and qualified: An attorney, a physician, a treasurer and collector, a clerk of council, a sexton, a superintendent of the streets, a chief of the fire department, each of whom shall receive such compensation as the mayor and council may by ordinance prescribe, which amount shall not be increased or diminished during their term of office and each of whom shall, in addition to the duties herein prescribed, perform such other duties as may be provided by ordinance; provided, that nothing herein contained shall operate to prevent the above named officers now holding office from holding same until the expiration of their respective terms and until their successors are elected and qualified. Municipal officers. (1) A vacancy occurring in any of the offices enumerated in the preceding section, an election to fill the unexpired term shall be held by the mayor and council in not more than fifteen (15) days thereafter. Vacancies. (2) Any one who has attained the age of twenty-one years, and is a qualified voter in the city of Albany, shall be eligible to any municipal office. Qualifications. (3) All officers elected by the mayor and council shall at all times be subject to the jurisdiction of the same, and amenable to their discipline, and said mayor and council shall have the power

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to suspend, fine or remove any of said officers by a majority vote of the whole body (the mayor voting), for any cause that may seem just and proper, after a fair opportunity to be heard. Discipline. (4) All officers elected by the mayor and council shall be required to take such oath to properly perform their duties and to give such bond to secure and indemnify the city for any loss by reason of their default, as the mayor and council by ordinance prescribe. Oath and bond. (5) Neither the mayor nor any member of the council, or any city officer shall be interested, directly or indirectly, in any contract made with the city, or to receive any profit or emolument for any purchase or sale of material, or other articles paid for out of the public revenues, or for which the city becomes responsible. Municipal contracts. SEC. 6. All elections, both general and special, shall be conducted in accordance with the following regulations: (1) The mayor and council shall appoint, at least ten days prior to each election, a board of three managers, each of whom shall be a qualified voter and freeholder in the city, and who shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer the same, the following oath: All and each of us do swear that we will faithfully manage this day's election, that we are freeholders and voters in said city, 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 the city, nor knowingly prohibit any one from voting who is so entitled by law; and will not divulge how any vote was cast, unless called on under law to do so; so help us God, and said managers shall appoint three clerks. Elections, how held. (2) That all elections shall be held at the county court-house, or at such other places as may be prescribed by ordinance. (3) That the vote shall be given by ballot and secretly, no one but the election manager being allowed to be present with the voter, except in case of a challenge, the person challenging, who shall immediately withdraw after the decision of managers is made. (4) In case a voter is unable, by illiteracy or physical disability, to prepare his ballot, one of the managers may, at the voter's request and in the presence of the other two, prepare his ballot for him.

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(5) The polls shall be open from 7 a.m. until 6 p.m. (sun time), unless all the candidates shall, in writing, agree upon different hours. (6) There shall be kept by the three clerks appointed by the managers as hereinbefore prescribed, three lists of the names of voters, which names shall be numbered in the order of their voting, and also three tally sheets. (7) As each ballot is received the number of the voter on the list shall be marked on his ballot before said ballot is deposited in the box. (8) When any voter is challenged, that fact shall be so written opposite his name on the list and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of twenty-one years, and resided in the State for one year, in county of Dougherty six months, and in the city of Albany three months, next preceding the election; that I have paid all taxes which, since the adoption of the present Constitution of this State, have been required of me, and which I have had opportunity to pay agreeably to law, except for the year in which this election is held, and that I have not voted before at this election; so help me God. Any voter who shall refuse to take the foregoing oath when challenged shall have his ballot rejected. (9) To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity of casting his ballot, and so the secrecy of the same may be maintained, it shall be the duty of the proper municipal authorities to furnish a sufficient number to secure that end. (10) The managers may begin to count at any time in their discretion, but they shall not do so until the polls are closed if a candidate, in person or in writing, objects. (11) When the votes are all counted out, there must be a certificate signed by all the managers, stating the number of votes each person, or question, as the case may be, voted for, or upon, received, and each list of voters and each tally sheet must likewise have thereon the signatures of the managers. (12) The oath of the managers, together with their certificates and one tally-sheet and list of voters, shall be securely sealed in an envelope with the names of the managers endorsed thereon,

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and delivered to the clerk of council, who shall keep same safely and have it at the next meeting of the mayor and council. (13) One tally-sheet, one list of voters and all of the ballots shall be sealed up in the ballot-box, with the names of the managers written across the seal, which said box and its contents shall be delivered to the clerk of the superior court of Dougherty county, and by him safely kept until called for by lawful authority. The remaining tally sheet and list of voters shall be retained by the managers and by them likewise safely kept until called for by lawful authority. (14) The mayor and council shall, at their first meeting after the election, receive said returns from the clerk and declare the result of the election in accordance with the certificates of the managers, those receiving the highest number of votes being declared elected, or the question voted upon being declared carried, or not carried, as the case may be, which certificates, together with the resolutions of the council declaring the result of the same, shall be entered on the minutes of the council. SEC. 7. All persons qualified to vote for members of the General Assembly, in the county of Dougherty, who shall have paid all taxes legally imposed and demanded by the authorities of the city, including the street tax, except for the year in which the election occurs, and who shall have resided three (3) months within the jurisdictional limits of the city, and have registered as hereinafter provided, shall be qualified to vote at any city election. Qualifications of electors. SEC. 8. The clerk of the council, or in case of his sickness or absence, any officer of the city duly appointed by the mayor and council for that purpose, shall open at the clerk's office, (or at such other place as may be designated by the mayor and council, notice of such change being given by newspaper publication), forty-five days prior to each election, a list for the registration of voters, which list shall be kept open from 9 o'clock a.m. until 12 o'clock noon, and from 2 o'clock p.m. until 5 p.m., each and every day, Sunday excepted, for the space of thirty days, when it shall be finally and absolutely closed at 5 p.m. of the thirtieth day. Registration of voters. (1) Upon application in person, the clerk or other registering officer shall enter upon the registration list the names, ages, residences and occupations of such persons entitled to register as shall furnish to him satisfactory evidence of their qualification, the

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names being alphabetically arranged in the registry, the white and colored being kept separate. Registry, how kept. (2) The registering officer shall be the judge of the qualification of those offering to register, with the right of appeal by the applicant for registration to mayor and council, but the registrar may, in his discretion, administer to the applicant the following oath: I do solemnly swear that I am twenty-one years of age, or will be the day of the election, and am qualified by citizenship, residence and payment of taxes, to vote for members of the State Legislature in the county of Dougherty; that I will have resided in the city of Albany for the last three months at the time of the election and have paid all taxes which have been required of me by the authorities of said city, and which I have had an opportunity to pay, agreeable to law, since the adoption of the present Constitution, except for the year of the election; so help me God. And when applicants are sworn, a minute of that fact shall be entered opposite their names on the list. Qualifications to register. (3) Any qualified voter who, by reason of physical disability or prolonged absence from the city, is unable to apply in person for registration, may make an affidavit before some officer of this or any other State, authorized by law to attest same, stating the age, occupation, residence and cause of disability of applicant, and when the clerk or other registering officer shall receive such affidavit, during the time in which the lists are open, it shall be his duty to enter the name of applicant upon the registry. Registration by affidavit. (4) That in order to guide the registering officer in the discharge of his duty, he shall receive from the clerk of the superior court the list of disqualified voters, for that year, as provided for in section 48, of the Georgia Code of 1895, and, in addition thereto, the mayor and council is hereby empowered and directed, prior to the first election under this charter, to prepare a list of all those who are disqualified to vote, by reason of the non-payment of city taxes since the adoption of the present Constitution, and shall also provide for a revision of said list from year to year. And the registering officer shall refuse to register any person whose name appears on either of these lists unless such person shall furnish satisfactory evidence that his disqualification has been removed. List of disqualified voters. (5) The clerk or registering officer shall publish in a daily paper twice between the closing of the registration and the day of the election, a list of the persons registered, and

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shall furnish the managers of the election prior to the opening of the polls a certified copy of said list, arranged alphabetically, with the ages, occupations and residences of the voters named therein, white and colored being arranged separately. This shall be the only official registration list and shall be returned to the clerk after the election and by him safely kept and preserved. Publication of registered list. (6) Any person voting illegally at any election herein provided for shall be guilty of a misdeemanor, and be punished as prescribed in section 630 of the Georgia Code. Any person who shall falsely take an oath provided for in the preceding section, shall be guilty of false swearing, and shall be punished as prescribed in section 259 of the Georgia Code. Illegal voting a misdemeanor. SEC. 9. There shall be a fire department maintained and operated by said city under such rules, regulations and ordinances as the mayor and council may prescribe, and such as already exist. In addition to a chief, the fire department shall consist of such a number of men, who shall receive such salaries and be employed for such times as may be provided by ordinance. The chief shall be the executive head of the department, shall be responsible for the good order and efficiency of the same, shall make such expenditures therefor as may be previously authorized by the mayor and council, and shall make such reports to said body of the condition of the department as may be required. Fire department. SEC. 10. There shall be a city police court, conducted in such a manner and at such times as the mayor and council shall prescribe by ordinance, and in which court the mayor shall be presiding officer. In case of the absence or the disability of the mayor, or in case of a vacancy in the office of the mayor, the mayor pro tem., or in his absence or disability, any member of council designated by the council, shall preside. Police court. (1) Said police court shall have jurisdiction to try all offenders against the laws and ordinances of the city committed within the corporate limits, and to punish for the violation of such laws and ordinances by inflicting such punishment as is prescribed by ordinance under the authority hereafter provided. The jurisdiction of said police court shall further extend to the investigation of any charge involving, or amounting to, a violation of the penal laws 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 corporate limits of the city, and provided such charges are made in writing and

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verified to the best of the knowledge, information and belief of the person making said charges. Jurisdiction. (2) The mayor, or other presiding officer of said court shall have the power to impose, fine and inflict punishments for the violation of valid laws and ordinances of the city of Albany, within the limits prescribed by law, and said mayor, or other presiding officer, shall also have the same power as judges of the superior court of this State to punish for contempt by a fine not to exceed twenty-five dollars ($25.00), and imprisonment in the city guard-house, or Dougherty county jail, not to exceed ten (10) days, either or both of said punishments in the discretion of the court. Said mayor, or presiding officer of said court, shall be to all intents and purposes a justice of the peace, in so far as to enable him to issue warrants for offenses committed within the city of Albany against the penal laws of this State, this either before or after a hearing or trial of the charge in said police court; provided, the affidavit required by law to obtain warrants is first made before said mayor or other presiding officer, and such warrant may be executed by any member of the police force of the city. Said mayor, or other presiding officer of said court, as such ex-officio justice of the peace, shall have the power and authority to commit to the jail of Dougherty county offenders against the laws of the State of Georgia, 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 Dougherty, after legal investigation, and shall, if the evidence in the trial of an offense against the ordinances of the city discloses the violation of any State law, have the same power to bind the defendant over as above set forth. Powers. (3) The said mayor, or other presiding officer of said court, shall have the right and power to suspend, vacate or reduce penalties of said court imposed by him, for legal grounds in his best judgment and discretion, and the same shall apply to penalties and sentences of said court pronounced by the officer who presided in said mayor's stead, it being the intention thereof to give the officer, who pronounced 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; provided, no fines which have been imposed and collected shall be refunded in whole or in part, except by the city council upon written recommendation of the

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mayor, or other presiding officer, who may have imposed such fine. Suspension or reduction of penalties. (4) There shall be kept in said court one or more dockets, upon which shall appear the names of each person arrested by the officers and members of the police force in the city for any offense against the municipal ordinances or State penal laws, and of each person summoned before city court by a subpoena or other writ issued therefrom, to answer for the violation of any ordinance of the city or any State penal law, together with the names of the witnesses against them and a clear and brief statement of the offenses with which they are charged. Upon the trial of such persons the sentence imposed or the disposition of the case shall be entered, in writing, opposite the name and charge, by the mayor or other presiding officer of said court, which respective entries together with the commitment in writing, signed by the mayor or other presiding officer, shall constitute the judgment of the police court in such respective cases. Dockets. (5) Said court shall have power to compel the attendance of witnesses in all proceedings, or persons charged with the violation of any of the city ordinances, by subp[oelig]na or summons, which subpoena or summons shall be issued by the clerk of the council and bear test in the name of the mayor, and shall set forth the nature of the charge or case, and the time set for trial or hearing. The mayor, or other presiding officer of the court shall have the power to punish any person disobeying such subpoena or summons as for contempt of court within the limits of punishments hereinafter prescribed. Such subpoena or summons shall be served by any officer or member of the police force of the city. Any person who may be charged with contempt of court, as herein provided, may be arrested by an attachment in writing or warrant signed by the mayor or other officer presiding in said court, which said attachment or warrant shall be executed by any member of the police force. Witnesses. (6) The ministerial officers of said court shall be the chief, deputy chief and other members of the police force, any of whom may execute the mandates of the court, and to whom, in the alternative all mesne and final process thereof shall be directed. Ministerial officers (7) The right of certiorari from the decision and judgment of the said police court shall exist in all cases, and shall be exercised under the provisions of the laws of the State of Georgia, in such cases made and provided. Certiorari.

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(8) In any case where any person has deposited a sum of money as a bond for the appearance in said 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 said police court to the city treasurer as the property of the city of Albany, in the event the party does not appear, at the time appointed, for whose appearance such sum of money was deposited as a bond. Cash in lieu of appearance bond. (9) When any bond is given by any person charged with an offense against the ordinances or arrested for such offenses, for his or her appearance at any session of police court, and such person so giving bond shall fail to appear at the time appointed in said bond, for his or her appearance, then the mayor or other presiding officer in said court shall issue a scire facias against the principal and his or her surety, calling on them to show cause in said court, at the time specified in said scire facias, why said bond should not be forfeited, which said scire facias shall be served by any member of the police force of the city at least two days prior to the return day thereof, upon the principal and sureties personally, or in the absence of either from county or State, then by one newspaper publication of said scire facias two days before the return term thereof. 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 said judgment the clerk of city council shall issue execution against the principal and surety, in conformity with such judgment, and in the form and manner prescribed by execution issued by the city for taxes and which execution shall be placed in the hands of the city marshal, who shall proceed to collect the same as tax executions are collected by the city. Appearance bonds, how for feited. (10) Persons sentenced to labor by said police court shall be turned over to the superintendent of streets, or other officer in charge of the streets and public works, to be put to work on said streets or public works in or around said city. Convicts, to work on streets. (11) The mayor and council shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as are incident and lawfully chargeable to the prosecution of said cases. Court costs. (12) Upon the failure or refusal of any person to pay any fine or cost imposed by said police court, the same may be enforced

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and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city, and sales thereunder shall be conducted in same manner. Fines and costs, how collected. (13) Upon complaint being filed with the mayor, or in his absence or disability to act, the mayor pro tem., by affidavit or such other manner as he may require, that any person has violated any municipal ordinance or law, said mayor or mayor pro tem. shall have the power to issue a warrant for the arrest of said offender, which warrant shall be directed to the chief of police or any member of the police force of the city and signed by said mayor or mayor pro tem. Warrants SEC. 11. That the police force of the city shall consist of a marshal or chief of police and such other officers and men as the council shall prescribe, and shall be elected as hereinafter provided. They shall take an oath faithfully and impartially to discharge the duties imposed upon them by the laws and ordinances, and shall give such bond as may be required of them by city ordinance. The chief shall hold his office for two years, and the remaining members of the force one year, their respective terms beginning on Tuesday after the first Monday in January, and until their successors are elected and qualified; provided, however, that the term of office of the present force shall not expire until after the expiration of the full term for which they were elected. Police force. (1) That their compensation shall be prescribed by ordinance and shall not be increased or diminished during their respective terms. No extra pay, or allowance, or cost shall be made to them, or either of them. It shall be their duty to make arrests, in the manner prescribed by law, of persons violating the penal laws of the State, or ordinance of the city council. It shall be the duty of the marshal or chief or police to prosecute offenders before the superior court of Dougherty county and the city court of said county. For a failure to perform any duty required by law, or the city ordinances, they may be suspended or removed from office by the board of police commissioners. The mode of preferring the accusation against them, and their trial shall be prescribed by city ordinance. The city council shall also prescribe the manner of suspending until trial, the marshal or chief of police, or any other public officer or policeman, when accusation is brought, and in all cases the board of commissioners of police may make appointments to the office, or place of the suspended person, such appointee to hold during the suspension.

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Said police shall have power to arrest for any violation of the ordinances of the city, with or without a warrant, and whether the offense was committed in his presence or not. (2) That the mayor and council shall cause the entire police force of the city to be armed and so uniformed as to be readily recognized by the public as police officers, the arms only to be furnished at the expense of the city. SEC. 12. That there shall be a board of police commissioners connected with the municipal government of the city of Albany, which said board shall consist of five (5) persons, citizens and freeholders of said city, and neither of them shall be a member of the city council, but the mayor of the city of Albany shall be ex-officio president of the board, and shall preside at all meetings thereof, except in case of his absence from sickness, or other cause, in which event said board shall designate one of their number to preside at said meeting in his stead; he shall, in no event, have a vote by reason of his membership on said board, but shall, at all times, by virtue thereof, as well as by reason of his office as mayor, have the right and power to call upon the police force or any member thereof, to execute any law, ordinance or resolution of the city government. They shall be elected by the mayor and council and shall hold office for the term of five (5) years. The first election hereunder shall be by the present mayor and council at their last regular meeting for one commissioner, and at the last regular meeting of the mayor and council in each succeeding year, an election shall be held to elect a commissioner to succeed the commissioner whose term may then expire. Should any vacancy occur in the board during the year for any other cause than the expiration of the regular term, an election to fill said vacancy shall be immediately held by the mayor and council, and such incumbent shall hold until the unexpired term shall expire and until his successor is elected and qualified. Each regular term shall begin at the date of election and close as hereinbefore declared, and until a successor is elected and qualified. No person shall be eligible for election and membership on said board for two consecutive terms; provided, however, that any person filling an unexpired term may be eligible for election to the succeeding term; and provided further, that nothing herein contained shall operate to prevent the present commissioners from holding their office for the full term for which they were elected. Police commissioners. (1) That each member of said board of police commissioners,

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before entering on the duties of his office, shall take and subscribe this oath of office before some officer authorized to administer it: I swear that I will faithfully and impartially demean myself as a commissioner of police during my continuance in office. I have not, in order to influence my election to this office as commissioner, directly or indirectly, expressedly or impliedly, promised my vote or support to any person for any office in the city of Albany, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to position on the police force to be influenced by fear, favor or affection, reward or the hope thereof, but in all things pertaining to said office I will be governed by my conviction of the public good. I do further swear that I will prefer charges or complaint with the board for the breach or violation of any of the ordinances, rules or regulations governing the police force, on the part of any member of the police force coming within my personal knowledge. The oath shall be entered on the minutes of the proceedings of the board, and the original shall be filed in the office of the clerk of the city council. Oath. (2) That the board of police commissioners thus elected and qualified shall have exclusive power, and it shall be their duty to appoint a marshal chief of police, and such other police officers or policemen as is or may be prescribed by the city ordinance. This power extends to unexpired as well as to regular terms. They shall keep a record of their proceedings, and the clerk of the city council shall act as the clerk thereof, they shall hold a stated meeting each month, and such other meetings as the public interest may from time to time require. Three, exclusive of the mayor, shall constitute a quorum with power to transact all business, including questions of the election or dismissal of members of the force. Powers and duties. They shall exercise full direction and control of the officers and members of the police force in conformity to existing ordinances and such as may be applicable to the subject, but in no event shall said power be so construed as to deny the mayor and ex-officio president the right and power to call upon the police force, or any member thereof, to execute any law, ordinance or resolution of city government. Said commissioners shall serve without compensation or emolument. SEC. 13. There shall be a board of water and electric light commissioners, of which the mayor shall be ex-officio chairman. In addition to the mayor, said board shall consist of two members elected by the mayor and council from the citizens of said

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city. Any one eligible to the office of mayor or councilman shall be eligible to the commission. The citizen members of said commission shall be elected for a term of two (2) years, one of said members to be elected as herein provided, on the first Monday in January of each year. The terms of office of said commissioners shall begin on the first Monday in January, and continue until their successors are elected and qualified. All vacancies shall be filled for the unexpired term in not more than fifteen days after such vacancies occur; provided, that the present board shall continue in office for the full term for which they were elected. Said board shall govern and control the waterworks and electric-light system of said city, in the manner hereinafter set out. Water and electric light commissioners. (1) The said board of commissioners shall take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a record in books to be kept for the purpose of the acts and doings of said board, a full report of which shall be made quarterly to the mayor and council of said city; provided, however, that the said mayor and council, by the adoption of a resolution to that effect, may change the time for making said report. The books, vouchers and papers of said board shall be subject to inspection and examination at any time by persons authorized to do so by the mayor and council. Oath and report. (2) That a majority of said board shall constitute a quorum for the transaction of business, and all contracts and engagements, acts and doings of said board within the scope of their authority shall be obligatory upon, and be in the law considered as if done by the mayor and council; provided, however, that no election that shall be held by said board shall be valid unless all three commissioners are present and vote in said election. Quorum. (3) The said board of commissioners shall biennially on Tuesday after the first Monday in January, elect one superintendent of waterworks and electric lights, whose term of office shall be for two years, and until his successor is elected and qualified; provided, however, that the present superintendent shall continue in office for the full term for which he is elected, who may be required to make stated reports, to both the board and the mayor and council, and whose compensation shall be fixed by the mayor and council. In addition, said board shall have the power to employ such number of persons as may from time to time be found needful in the management

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and operation of said electric light and water-works plants, but no such employment shall be for a longer period than one year; the compensation of all such employees to be fixed by the mayor and council. Said board shall have the power to inflict penalties by way of fine, suspension or discharge, upon said superintendent, for any cause that may seem just and proper, after a fair opportunity to be heard, two (2) votes being necessary to fine, suspend or discharge, but a full board of three (3) shall be necessary to constitute a quorum for said purpose. Superintendent and employees. (4) That said board shall have power to establish a scale of water and electric light rates, make and enforce rules for the collection of the same, adopt rules and regulations respecting the introduction of water and electric lights into or upon any premises, and from time to time to regulate the use of water and electricity in such manner as shall seem to them necessary and proper; and the members of said board and superintendent, and all inspectors in their service are hereby authorized and empowered to enter at all reasonable hours any dwelling or other places where said water or electric light is taken or used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all surface-pipes, stop-cocks and other apparatus connected with said water-works, and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued therefor; and if any person refuse to permit such examination or oppose or obstruct such officers in the performance of such duties, such person so offending shall be liable to a fine not exceeding ten dollars for each offense, the proceedings against offenders to be the same as that against violators of the ordinances of said city. In addition, the board may shut off the supply or water until the required examination is made, and such alterations and repairs are completed as necessary. Rates for water and lights. (5) That said board shall regulate the distribution of said water and electricity in all places and for all purposes where the same may be required, and from time to time shall fix the prices for the use thereof, and the time of payment, and they shall erect such number of public hydrants and stock-founts, and in such places as they shall see fit, and elect in what manner and for what purposes the same shall be used, for all of which they may charge at their discretion; provided, that all hydrants, conduits and appliances required and furnished for the extinguishment of fires

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shall be erected and placed as the mayor and council may direct, and be under their exclusive control and direction. Distribution of water and electricity. (6) That such board shall have full power and authority to require the payment in advance for the use or rent of water and electricity furnished by them in or upon any building, place or premises, and in case prompt payment shall not be made, they may shut off the water and electricity from such building, place or premises, and shall not be compelled to again supply said places or premises with water or electricity until arrears with interest thereon shall be fully paid. Payments for water and electricity. (7) That said board shall make no contract for the price of using water or electricity for a longer time than one year. All complaints regarding inequalities in the rates shall be heard by said board, and their decision shall be final and conclusive. Contracts. (8) That the mayor and council may require bond with good and sufficient security, in a sum to be fixed by them, of the superintendent, and any or all of the employees appointed by said board, said bond or bonds conditioned for the faithful performance of their duties and the prompt delivery of all monies belonging to said city, coming into their hands during their continuance in office, and said bond, or bonds, to be made payable to the city of Albany. Bonds of superintendent and employees. (9) The members of said commission shall receive such compensation for their services as the mayor and council may be ordinance prescribe. Compensation of commissioners. (10) That the mayor and council of the city of Albany may at any time remove any citizen member of said board, provided it shall satisfactorily appear, after reasonable notice to the parties, and hearing the cause of complaint and answer thereto, if any should be offered, that the member whose removal is sought has been guilty of maladministration or neglect of the duties of his office, that his removal will be right and proper, and two-thirds of the members of said council shall concur in said removal. Commissioners removable from office. SEC. 14. Said city of Albany shall have power to establish a complete system of drainage for the health and comfort of its inhabitants, and shall have entire and absolute control and jurisdiction of all soil-pipes, private drains and sewers, water-closets, privies, privy vaults, and dry wells in said city, 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 the city, and with power also to require

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changes in or the total discontinuance of, any such contrivances or structures already in existence, or that may hereafter be allowed. Drainage. (1) The city of Albany shall have power, and is hereby empowered, to condemn property for drainage purposes within the corporate or jurisdictional limits of said city, and pay the owners of said property the damages incident to said condemnation. The said city shall proceed in condemning property for said drainage under the terms and provisions as are now or may hereafter be provided by the law of the State for condemning and taking property for public purposes. The fact that the property sought to be so condemned may be owned and used by a railroad, or other quasi-public corporation, shall be no bar to the exercise of the right of condemnation herein conferred. Condemnation of property. SEC. 15. The city of Albany shall have the power to regulate the width, location and grade of all streets, alleys, sidewalks and ways within the city, due regard being had for the original plan of said city, and shall have the further power to locate, open and lay off new streets, alleys or ways within the city, to alter in any manner, or close and vacate any of the same, and to prohibit any one from opening and laying off any new streets, alley or way without the consent of the mayor and council. Streets, etc. (1) For the purpose of opening and laying off any new streets, alley or way, or extending, widening or altering in any manner any of the streets, alleys or ways of said city, the city of Albany is hereby authorized and empowered to condemn any property and take the same for such use, and to pay damages to the owner or owners of the same, incident to said condemnation. Said city shall proceed in condemning property for the purposes mentioned under the terms and provisions as are now, or may hereafter be provided by the law of the State in such cases. The fact that the property needed by said city for said purposes may be owned by a railroad or other quasi-public corporation, shall be no bar to the exercise of the right of condemnation hereby conferred; provided, that before the city council of Albany shall open any new street or streets running north and south in the western portion of said city, said council shall call an election, submitting to the qualified voters of the city the question as to the size of the blocks to the formed by the opening up of said new street or streets; the ballots to be voted at said election to read for three and one-half acre blocks, for four-acre blocks, for five-acre

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blocks, for six-acre blocks; a plurality of votes in favor of any of above sizes to determine the result of the election; the calling of said election and the date thereof to be in discretion of the council. Condemnation of property. SEC. 16. The city of Albany shall have the power to grant encroachments upon the streets, sidewalks, alleys or ways of the city, on such terms and in such manner as may be by ordinance prescribed, and shall have the further power to grant privileges and franchises to any person, railroad, street railroad, or other corporation to use any part or parts of the streets, alleys or ways in the city, upon adequate compensation, to be determined by the mayor and council, being paid into the city treasury upon such terms and conditions as the mayor and council may prescribe. Franchises. SEC. 17. That the mayor and council shall not grant any public franchise to any person or incorporated companies without reserving in said grant the right to tax said franchise, and further reserve in said grant the right by ordinance from time to time, to pass and adopt such ordinances or resolutions regulating and governing the exercise of such franchise as may be deemed expedient or necessary. Power to tax and control exercise of franchise reserved. SEC. 18. Be it further enacted by the authority aforesaid, That the said city shall have the power to pass any and all ordinances that may be deemed requisite and proper to the peace, security, welfare, health, good government and convenience of the city, and to punish for violation of same in a sum not to exceed two hundred dollars ($200.00), or imprisonment in the guard-house, or compulsory labor on the public works or streets not to exceed three months, and any one or more of these punishments, in the discretion of the mayor. Police powers. (1) All ordinances, before they shall pass, shall be read twice, and each reading had at separate meetings, regular or special, on separate days, and the first readings shall be at a regular meeting of the mayor and council; provided, that both readings of said ordinance may be had at the first meeting, upon unanimous consent of the mayor and council to that effect; provided further, that ordinances or resolutions appropriating or involving the expenditure of money for purposes other than ordinary current expenses, which shall be read twice, as above provided, and the rule shall not be suspended. Ordinances, how passed. (2) All ordinances and resolutions shall be signed by the mayor, or the officers presiding at the time of their passage, and countersigned by the clerk of the council. Signed, by whom.

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(3) All ordinances and resolutions, and the amendments thereto, shall be in writing, and have indorsed thereon the name of the councilman introducing same, and the date of its readings. Such ordinances or resolutions shall be numbered and filed away and properly preserved. There shall be kept by the clerk of the council a regular ordinance and regulation book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately engrossed, the record of which shall be signed by the mayor, or acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of the council under the seal of the city; provided, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and regulations which do not conflict herewith; provided further, that nothing contained in this and previous paragraphs shall affect in any manner any existing ordinances of said city. Introduction and preservation of ordinances. SEC. 19. (1) Said city shall have the power and authority by ordinance, to pave, remove or repair the pavement of the sidewalks of the city, and to assess the cost of same against the owners of the property abutting on said sidewalks, according to frontage owned by them thereon. Sidewalks. (2) Said city shall have the power and authority by ordinance to grade, pave, macadamize, curb, or otherwise improve for travel or drainage, any of the streets, alleys or ways of the city, or to regrade, repave, recurb, remacadamize, or repair the pavement, curbing, grade or drainage of the same, and to assess one-half of the total cost of such improvements against the owners of the property abutting on each side of the streets, alleys or ways so improved, according to the frontage owned by each thereof, and to require any railroad or street railroad company having, or which may hereafter have, tracks running through the streets, alleys or ways, of said city, so improved, to macadamize or otherwise pave or improve, as the mayor and council may direct, the width of their said tracks, and two feet on each side thereof; and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct. In the event any such company or companies fail or refuse to comply with said requirement the city may have the same done and the expense thereof shall be assessed against said company or companies, and enforced and collected by execution as provided in paragraph 3 of this section. Streets, etc. (3) That the said city be, and it is, hereby empowered

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to enforce the payment of the assessments provided for in this section, paragraphs 1 and 2, by execution against the abutting property and against the owners of same, which execution shall be issued and levied like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner, and shall be subject to all the incidents of purchase by the city, and redemption by the owner, etc., as provided by section 732 et seq. of the Code of Georgia of 1895, and amendments thereto; provided, however, that to an execution issued under the provisions of this section, the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the superior court of Dougherty county and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. Assessments for street improvements, how enforced. (4) One publicaiton of the ordinance or ordinances providing for the improvements mentioned in this section, in the newspaper in Dougherty county in which the sheriff's advertisements are published, shall be sufficient notice to abutting property owners, or railroad or street railroad companies having tracks on the street to be improved, of the contents and provisions of such ordinance, and of the fact that such improvements are to be made. Publication of ordinances for street improvements SEC. 20. Said city of Albany shall have the right and power to assess, levy and collect a tax upon all property, both real and personal, within the limits of the city, not to exceed one per cent. ad valorem; to levy and collect a specific or occupation tax on all business occupations, professions, callings or trades, public or private, exercised within the city as may be deemed just and proper, and upon franchises and incomes; to fix a license on the-artical exhibitions, circuses and shows of all kinds, in the sale of spirituous and malt liquors, and on drays and hacks, hotels, boarding-houses, restaurants, fish-stands, billiard, pool and other kinds of tables, tenpin-alleys, butcher-shops, livery-stables, auctioneers, and upon all other classes or kinds of business legitimately coming within the police power of the city as may be just and reasonable. The taxing power of said city, except as herein

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stated, shall be as general, complete and full as that of the State itself. Taxes. (1) To provide by ordinance for the return of all real and personal property for taxation, to double-tax defaulters for the current or any previous year or years, not in conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns shall be due, and shall have the power to enforce the collection of same by execution issued by the clerk of council, directed to the marshal, and bearing test in the name of the mayor, which execution shall be issued not later than the time prescribed by the State law or city ordinance, not in conflict with said State law, and the sales under such execution shall be conducted as prescribed by section 732 et seq. of the Code of Georgia, 1895, and the amendments thereto. Tax returns (2) To provide by ordinance for the registration of all business occupations that are subject to a specific or license tax, the time or times at which same shall be due, and shall provide penalties for engaging in same without first registering and paying the tax, and shall have the power to enforce the collection of same by execution, as in the previous paragraph provided. Registration of business. (3) To require each male resident living within the present or future corporate limits of this city between the ages of sixteen and fifty years, inclusive, to work upon the streets of said city as the mayor and council may direct, for as many as six days each year, or in lieu of such work, to pay a road or street tax, not to exceed three dollars ($3.00) annually, and further to provide for the collection of said tax by an execution which may be issued, made and levied as other executions for city taxes, and also for the imprisonment not longer than five days, of such residents who fail or refuse, after due notice, to perform the work required, or to pay the said tax, and who do not return a sufficiency of property for taxation to pay said execution. Street work and tax. (4) To appoint boards of assessors of real and personal property consisting each of three (3) freeholders in said city, who shall assess for taxation the value of all property in the city; and each of said board, when sitting shall have all the powers of a court to compel the attendance of parties and witnesses, to require the production of books and papers, and to enforce same by attachments for contempt, which may be punished as herein prescribed for contempt committed before the police court. Tax assessors.

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SEC. 21. The city of Albany shall, in addition to the powers hereinbefore granted, have the following powers: (1) To try all nuisances within the city and abate the same, to define what shall constitute a nuisance, to cause any nuisance likely to endanger the health of the city or any neighborhood to be abated in a summary manner, to charge the expense for abating such nuisance against the person causing the same, or the owner of the premises according as the one or the other is liable, and to enforce the collection of said expenses by execution issued as execution for city taxes. Nuisances (2) To regulate butcher-pens, tanyards, livery-stables, fish-stands, restaurants or any other business in which decaying animal or vegetable matter is kept, or in which noxious odors may become dangerous and injurious to the health of the public or any part thereof; to license same only in such localities as may be least offensive to the public, and to revoke the license for same when they prove dangerous and injurious to health as aforesaid. Control of stables, etc. (3) In order to guard against danger or damage by fire, said city shall have the power to regulate and control blacksmith-shops, forges, stoves and chimneys, and to cause same to be moved or remedied as safety may dictate; to create fire limits and prescribe the material out of which buildings shall be constructed therein; to regulate the construction of doors, exits and steps in places of public gatherings and may require the erection of fire escapes in all buildings, not private residences, three or more stories in height. Control within fire limits. (4) To regulate and control all hotels and public houses within the city and to revoke the license of same in case they should become disorderly. Control of hotels, etc. (5) To take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. Animals at large. (6) To require owners of lots to drain same, to fill up excavations or depressions, and upon failure to do so after reasonable notice, to have same done at owner's expense and enforce collection of same by execution against property. Drainage. (7) To regulate all vehicles of every kind and character used in the city for profit in the transportation of passengers, freights or both; to provide for the regular inspection of same, and to fix the rates of fares and carriages thereon. Vehicles for transportation. (8) To regulate and control barrooms, saloons and bowling

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alleys; to refuse a license to same in certain localities, and to revoke the license of same when it may become proper or necessary. Saloons, etc (9) To construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated; to assess such part of the cost of the same on the real estate abutting on the street, way or alley in which the same may be extended, according to frontage, as may be just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof; provided, that to an execution issued under this paragraph 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 stating what amount he admits to be due; which shall be paid or collected before the affidavit is received, and the affidavit shall be received for the balance; and all such affidavits so received shall be returned to the superior court of Dougherty county and there tried and determined as in case of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. Sewers, etc (10) To regulate all machinery, including stationery and locomotive engines within the city, and to make all such needful rules and regulations for the same as will guard the citizens or any portion thereof against annoyance by unnecessary volumes of smoke and disagreeable and unnecessary noise. Noise and smoke of machinery. (11) To establish one or more markets and regulate the same, fix the hours of sale therein, prohibit the sale of marketable commodities elsewhere within the city, and pass all ordinances, rules and regulations necessary and proper to control marketing within the city. Markets. (12) To purchase, hold, receive, enjoy, possess and retain for the use and benefit of said city, in perpetuity for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments, of what kind or nature soever, within or without the limits of the city, for corporate purposes. Real estate. (13) To organize a chaingang and to put at compulsory labor thereon all those convicted of violating any of the ordinances of the city. Chaingang. (14) To own, use and operate for municipal purposes and for profit, a system of waterworks and electric lights and gas works; to make rules and regulations regarding the use of the same by the public, and to provide by ordinance for the punishment of those who illegally use said water, electricity or gas, and who illegally divert same from their proper channels of transmission. Public utilities.

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(15) To provide for the inspection of all buildings for the purpose of having the same meet with all requirements relative to the material used and the safety, and strength of same, as the mayor and council may, from time to time, prescribe by ordinance; to guard against loss of life, injuries to the person or damage to property. Inspection of buildings. SEC. 22. In addition to the powers hereinbefore enumerated said city of Albany shall have all additional power usually and properly incident to municipal corporations not in conflict with the Constitution of Georgia or of the United States, as may be necessary to promote the good government of the city, of the general welfare of its citizens. General welfare. SEC. 23. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed; provided, that nothing in this Act contained shall operate to affect or to repeal the Act of the General Assembly, approved August 21, 1906, entitled 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 ratification of the Act by election, and for other purposes, which said Act is hereby declared to be and remain of full force and effect. Repealing clause. Approved August 22, 1907. ALBANY, CHARTER REPEALED. No. 268. An Act to repeal an Act of the General Assembly, approved December 20, 1899, and the several Acts amendatory thereto, constituting the present charter of the city of Albany, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act of the General Assembly approved December 20, 1899, entitled an Act to create a new charter for the city of Albany, and for other purposes, and the several Acts

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amendatory thereto, to wit: An Act approved November 16, 1901, providing change in the board of police commissioners; an Act approved December 6, 1902, extending the corporate limits; an Act approved August 15, 1905, relative to assessment for paving, and an Act approved August 15, 1905, extending the corporate limits, all constituting the present charter of the city of Albany be, and the same are, hereby repealed. Albany, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That nothing herein contained shall operate to repeal or affect the Act of the General Assembly, approved August 21, 1906, entitled 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 such board; to provide for ratification, by election, and for other purposes. Public school system. SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill to be entitled an Act to create and establish a new charter for the city of Albany, to declare the rights, powers and privileges of said corporation, and for other purposes, shall have been passed, approved and become a law. Effective, when. SEC. 4. 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 22, 1907. ANNESTOWN, INCORPORATED. No. 72. An Act to incorporate the town of Annestown, in the county of Gwinnett, State of Georgia; to define its corporate limits; to declare its powers, 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 town of Annestown, in Gwinnett county, Georgia, is hereby incorporated as a town, under the name and style of the town of Annestown. Annestown town of incorporated.

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SEC. 2. Be it further enacted, That the corporate limits of said town shall be one-eighth of a mile in every direction from a point nearest the top of the hill near the Annestown Mills, and which point on the top of said hill is hereby declared to be the center of said town and the incorporate limits extending one-eighth of a mile in every direction therefrom, power being hereby given to the corporate authorities of said town to alter, modify, change, rectify and declare the boundaries of said town; provided, that said corporate limits shall include the present site of the schoolhouse and school grounds as now laid out in said town. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the town of Annestown, and by that name shall be capable of suing and being sued in any court of law or equity, make contracts, purchase, hold or 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 hereafter be conferred upon the same. Mayor and councilmen SEC. 4. Be it further enacted, That J. W. Flowers be, and he is, hereby appointed mayor, and B. B. Johnson, A. L. Pritchett, G. A. Moore, and J. H. Smith be, and they are, hereby appointed councilmen of said town of Annestown, to hold office until the next and first annual election as herein provided. Mayor and councilmen named. SEC. 5. Be it further enacted, That on the first Saturday in December, 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 four councilmen 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 offices who are qualified at the time to vote for members of the General Assembly of this State and have resided in said town for thirty days immediately preceding said election. All persons within the corporate limits of said town shall be qualified to vote for said officers who are qualified as above to hold the said offices. Such elections shall be held and conducted as 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 councilmen of said town. In the event of a

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vacancy for any cause occurring in said offices, the same shall be filled, as to the mayor, by the board of councilmen selecting one of their number to fill the unexpired term; and as to councilmen, by the selection of some fit and proper person of the town by the mayor and remaining councilmen. On any question coming before the mayor and council of said town, the mayor shall have no vote except in case of a tie, when he shall then cast the deciding vote. Election and term of office of successors. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties the mayor and councilmen shall take an oath to faithfully discharge their duties, respectively, to the best of their ability and understanding, which said oath may be taken before any officer of this State authorized to administer oaths, or the mayor may take and subscribe the same before a member of the council and the members of council may do likewise before the mayor, which said oaths shall be recorded in the minutes of said town by the clerk of the council. Said mayor and council shall, at their first meeting, select from the members of council a clerk, who shall keep a minute and record of all meetings and proceedings taken by the council, which said minutes shall show all proceedings of each meeting, and shall be signed by the mayor and the clerk, or by the mayor pro tem., in the absence of the mayor, at the close of each meeting of the council. Oath. Clerk. SEC. 7. Be it further enacted, That the said mayor and councilmen shall have power and authority to elect such marshals, clerks, treasurer, and other officers as they may deem necessary to properly carry on the affairs of said town, prescribe the duties and fix the compensation of such officials and require bonds therefrom, make and pass all ordinances, by-laws, rules and regulations which they may deem necessary for the good order, peace, health and government of 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; to do all things whatsoever, not repugnant to the laws of Georgia, which may be incident to municipal corporations. Powers of mayor and councilmen SEC. 8. Be it further enacted, That said mayor and council 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 or, upon failure to pay any fine

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within the time prescribed by the said officials or the mayor, the offender may be sentenced to work upon the streets of said town or at such other works as the mayor may direct, not exceeding thirty days. Enforcement of ordinances, etc. SEC. 9. Be it further enacted, That the mayor and council of said town shall have power and authority to elect a mayor pro tem., from the members of council, who shall discharge the duties of mayor during the absence of the mayor or inability of the mayor from sickness or other causes, to perform the duties of the mayor elected and qualified, and the mayor and the mayor pro tem. shall be by virtue of their said offices justices of the peace as to criminal matters, with power to issue warrants and commit for trial, compel the attendance of witnesses, hold examination, and admit to bail, or commit to jail in default thereof. Mayor pro tem. SEC. 10. Be it further enacted, That it shall be the duty of the marshal of said town when he knows, or has information, that any of the ordinances of said town have been violated, or are being violated, to go before the mayor or the mayor pro tem., in the absence of the mayor, and make affidavit to the best of his information and belief that the ordinances or some one of them have been or are being violated, and it shall be the duty of the said mayor or mayor pro tem. to forthwith issue his warrant for said offender, and it shall be the duty of the said marshal to at once arrest the offender and carry him before the said officer to be dealt with as he may see fit, and the said marshal and mayor shall collect, in addition to the fine imposed, the same costs as the justices of the peace and constables of this State are authorized to collect for similar services. Warrant to arrest. SEC. 11. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof, shall see that 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. Executive powers of mayor. SEC. 12. 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

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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 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 necessary, such elections being at least one year apart, until this section is adopted. School tax. Ratification SEC. 13. 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 of the town council after its election in December of each year or as soon thereafter as is practicable, 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 in December as above provided. Board of education. SEC. 14. 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 teachers; to fix compensation for 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 Annestown; 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

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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 the 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. 15. 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 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. 16. Be it further enacted, That after said public school system shall have been adopted by the town of Annestown, 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. No other schools. 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 16, 1907. APALACHEE, INCORPORATED. No. 103. An Act to incorporate the town of Apalachee, in Morgan county; to define its corporate limits; to provide for a mayor, board of aldermen, and other officers of said town; to prescribe their duties and powers; to provide for all matters of municipal concern, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, That from and after the passage of this Act the town of Apalachee, 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 Apalachee. Apalachee, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town of Apalachee 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 Apalachee, 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 to the Constitution and laws of this State. Mayor and aldermen, powers of. SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Apalachee shall extend one mile in every direction from the Central of Georgia Railway depot 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 September, 1907, and biennially thereafter on the same day, at the store of G. W. Porter, 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

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of said election shall have any reasonable doubts as to the qualifications of any voter, they shall have authority to administer 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 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 prescribed in section 1039 of the Penal Code of Georgia of 1895. Mayor and aldermen, election of SEC. 5. Be it further enacted by the authority aforesaid, That the person receiving the highest number of votes for aldermen, respectively, shall be declared duly elected by the manager 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. Results, how declared. SEC. 6. Be it further enacted by the 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 person, shall be qualified to vote at any election for officers of said town. Voters. SEC. 7. Be it further enacted by the 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 or aldermen of said town to fill such vacancy, after having given ten days' public notice, which notice shall be posted at three public places in said town; and the person or persons elected to fill such vacancy shall hold said office until their successors are elected and qualified. Vacancies SEC. 8. Be it further enacted by the 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,

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or affirm, that I will well and truly perform the duties of mayor or alderman of the town of Apalachee 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. Tallysheets. Oath. SEC. 9. Be it further enacted by the authority aforesaid, That there shall be a marshal of said town of Apalachee, 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 the 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 and treasurer. 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 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 may proceed to collect the same by levy and sale; in case of levy on personal property, after ten

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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. Taxes SEC. 12. Be it further enacted by authority aforesaid, That the council shall have power and authority, and it shall be their duty, to require bonds from the marshal and treasurer for the faithful performance of their duties; to fix the amount of said bond and approve the same. Bonds of marshal and treasurer. 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. Enforcement of ordinances, etc. 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, by-laws, rules and regulations of said town, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of fifty dollars, or imprisonment in the guard-house, or labor on the public streets or works of said town, not to exceed sixty days, and in addition 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 the 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

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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 power and authority to try and punish defaulters that the road commissioners of this State now have, or may hereafter have; provided, no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform street duty after being returned as such defaulter 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 August 22, 1907. ATHENS, ISSUE OF BONDS FOR SCHOOLS. No. 272. An Act to authorize the mayor and council of the city of Athens, in the county of Clarke, to issue bonds to the amount of seventy-five thousand dollars for the purpose of purchasing school property, erecting and equipping new buildings for school or educational purposes, repairing and improving school buildings heretofore erected, and for school and other educational purposes and uses without the limits of the city of Athens, as provided by this Act; to provide for the payment of the principal and interest of said bonds; to provide for the ratification of the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the mayor and council of the city of Athens be, and they are, hereby authorized to issue and sell bonds of the

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city of Athens, to the amount of seventy-five thousand dollars, of the denomination of one hundred to five hundred dollars each, to become due and payable at such time or times, not exceeding thirty years after date of issue thereof, as said mayor and council of the city of Athens may determine; said bonds to bear not exceeding five per cent. interest per annum, payable semi-annually (and if bearing five per cent. interest annually such bonds shall not be sold for less than par); and such bonds are to be issued and sold for the purposes thereinafter specified and authorized, and authority for which is hereby expressly granted. Athens, authority to issue bonds. SEC. 2. Be it further enacted by the authority aforesaid, That the net proceeds of fifty thousand dollars of said bond issue, when sold, shall be appropriated and used by the mayor and council of the city of Athens for purchasing school property, erecting and equipping new school buildings for school or educational purposes, and for repairing or improving school buildings heretofore erected in the said city of Athens. Proceeds to be used for educational purposes. SEC. 3. Be it further enacted by the authority aforesaid, That the net proceeds of the remaining twenty-five thousand dollars of said bond issue, when sold, shall be by said mayor and council of the city of Athens appropriated to the University of Georgia, through its officers or trustees, authorized, under the Constitution of the State, to accept for the use of the University any bequests, donations or grants; said sum, just aforesaid, being appropriated to the University of Georgia, which is within the limits of the city of Athens, as provided by the Constitution and laws of the State. Appropriation for University. SEC. 4. Be it further enacted by the authority aforesaid, That upon the passage of this Act, and before it shall become effective and operative, the mayor and council of the city of Athens shall comply in all respects with the general law of this State as embodied in sections 377, 378, 379, 380 and 381 of volume 1 of the Code of 1895, and if said bond issue, herein provided for, is ratified, provided by the general law aforesaid, then it shall be the duty of the mayor and council of the city of Athens to sell and issue and appropriate the proceeds of said bonds as provided by this Act. Ratification 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 22, 1907.

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ATHENS, DISPENSARY ABOLISHED. No. 203. An Act to repeal an Act to authorize and empower the mayor and council of the city of Athens to establish a dispensary for the sale of spirituous, vinous and malt liquors, and for other purposes, approved August 31, 1891, and the Act amendatory thereof. SECTION 1. Be it enacted by the general Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act entitled an Act to authorize and empower the mayor and council of the city of Athens to establish a dispensary for the sale of spirituous, vinous and malt liquors, and for other purposes, and approved August 31, 1891, and the Act amendatory thereof be, and the same are, hereby repealed; provided, that this Act of repeal shall go into effect January 1, 1908. Athens, dispensary abolished. SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. ATLANTA, CHARTER AMENDED. No. 55. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the city of Atlanta, approved on the 28th day of February, 1874, and the several Acts amendatory thereof be, and the same are, hereby amended as follows: Atlant. SECTION 1. That, in accordance with the desire of the mayor and general council of the city of Atlanta, the authority to issue five hundred thousand dollars of bonds for improvement in and additions to the system of waterworks, as provided by an Act

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of the General Assembly, approved August 23, 1905, be, and the same is, hereby restricted, limited and withdrawn to the following extent only, to wit: After the sale of three hundred and fifty (350) of said bonds, aggregating three hundred and fifty thousand dollars, the remaining one hundred and fifty of said bonds, aggregating one hundred and fifty thousand dollars shall be withdrawn and cancelled, and such remainder are hereby declared null and void. Authority to issue bonds to improve waterworks. SEC. 2. That the present charter of the city of Atlanta be further amended by striking from the section thereof numbered as section 66, as published in the City Code of 1899, the following words: And to fix the price to be paid for license at any sum they may think proper, not exceeding two thousand dollars, and inserting in lieu thereof the following words, At the fixed price of two thousand dollars. And furthermore fixing the price to sell liquors at wholesale at the sum of one thousand dollars by adding to said section the following words: And the price to sell liquor wholesale in said city is hereby fixed at the sum of one thousand dollars, so that said section, when so amended, shall read as follows: Sec. 66. The said mayor and general council shall have power and authority to regulate the retail of ardent spirits within the corporate limits of said city, and, at their discretion, to issue license to retail, or to withhold the same, at the fixed price of two thousand dollars, and they shall have power and authority to pass and enforce ordinances providing for the punishment of persons selling spirituous, malt or other intoxicating liquors at wholesale or retail within the corporate limits of said city without having obtained licenses from said mayor and general council, or for selling such liquors after the expiration or revocation of such licenses. The mayor and general council of said city shall have the power and authority to regulate the sale of liquors at wholesale in said city, and the price to sell liquors at wholesale in said city is hereby fixed at the sum of one thousand dollars. License fee to sell liquor. SEC. 3. That the present charter of the city of Atlanta, as published in the Code of 1899, and numbered therein as section 68, be amended by striking from said section the following words, Shall not be required to pay exceeding the sum of five hundred dollars for a license for one year and insert in lieu thereof the following: At retail shall be required to pay the sum of four hundred dollars for license for one year, and at wholesale shall

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be required to pay the sum of five hundred dollars per annum, so that said section, when so amended, shall read as follows: Sec. 68. The said mayor and general council shall have full power and authority to prohibit the selling of lager beer or other fermented drinks without obtaining a license for that purpose; provided, the owner or keeper of each house or saloon kept for that purpose at retail shall be required to pay the sum of four hundred dollars for license for one year, and at wholesale shall be required to pay the sum of five hundred dollars for license per annum. They shall have full power and authority to license billiard tables and tenpin alleys, and all billiard tables kept or used for the purpose of playing, gaming or renting, and all tenpin alleys, ninepin alleys, or alleys of any kind, which are kept either for the purpose of playing on with pins or balls, or either, for the purpose of renting the same, and charge for said license a sum not exceeding fifty dollars on each table, alley or track. License fee to sell beer. Billiard tables, etc. SEC. 4. That the mayor and general council are, in their discretion, authorized to increase the board of election managers from and for the several wards from the present number of three to any additional number desired. Election managers. SEC. 5. That the members of the cemetery commission and the city investigator are hereby added to the several officials and boards excepted from the provisions of the present city charter and amendments thereto, known as section 61-a of the City Code of 1899, whereby city officials are prohibited from holding two offices. Cemetery commission and city investigator. SEC. 6. Be it enacted by the authority aforesaid, That the action of the mayor and general council of the city of Atlanta in adopting the report of the committee on streets on the petition of Gate City Terminal Company, approved by the mayor on November 24, 1906, providing for the closing and vacation of Rhodes street from Haynes street to Jones' alley, and for the closing and vacation of Mangum street from Hunter street to Foundry street, and for other purposes, set forth in said report so adopted by the mayor and general council, is hereby ratified and confirmed, and said report as adopted by the mayor and general council is hereby authorized and the consent of the State is hereby granted to the closing and vacation of said Rhodes street from Haynes street to Jones' alley and said Mangum street from Hunter street to Foundry street; and authority is hereby confered upon the said city of Atlanta and the mayor and general council to enact such further ordinances, resolutions and

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votes as may be necessary to carry out the report of the committee adopted by the mayor and general council above referred to and the purposes therein stated, and to make any amendments or changes in the said report as the mayor and general council may from time to time enact by ordinance, resolution or vote, including the power to vacate and abandon Rhodes street from Haynes street to Jones' alley, and Mangum street from Hunter street to Foundry street, and permitting the changing in location and in grade, diverting, interfering with and crossing the various other streets, as set out in said report, and to make any amendments or changes to the said report permitting other or different methods of changing the location and grade or crossing, or interfering with the various streets, set out in said report by the Gate City Terminal Company, its successors and assigns. Authority to close certain streets SEC. 7. That the mayor and general council, in their discretion, be, and they are, hereby authorized to issue and sell five hundred thousand ($500,000) dollars of bonds of the denomination of one thousand ($1,000) dollars each to run for thirty (30) years from the date of their issuance and to bear interest at the rate of three and one-half (3 per cent.) per centum per annum, principal and interest payable in gold coin of the United States of the present standard of weight and fineness, the interest to be paid semi-annually and the principal to be paid at the maturity of said bonds; provided, said bonds shall not be sold below par; and provided further, that the qualified voters of the city of Atlanta assent to the issue of said bonds at an election to be called by the mayor and general council at any time during the year 1907 or 1908. In the event said bonds are issued and sold, the mayor and general council of the city of Atlanta shall provide for the levy and collection of an annual tax, during the life of said bonds, sufficient to raise a fund to pay the interest on said bonds semi-annually during said period, and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if they should be sold, shall be applied only to the purchase of land for and the building thereon of a new city hall, same to be built either in connection with other public buildings or separate and distinct therefrom, but the city's purchase and holding to be in its own right and name. Authority to issue bonds to build new city hall. SEC. 8. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Not approvedlaw by lapse of time.

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AUBURN, CHARTER AMENDED. No. 129. An Act to amend section 8 of an Act of the General Assembly of Georgia, approved December 4, 1893, incorporating the town of Auburn, in the county of Gwinnett, so as to empower the council of said town to enact ordinances preventing the delivery of and receiving intoxicating liquors and whiskies within the corporate limits of said town; to provide punishment for violations of same; to provide for seizure and disposition of said intoxicants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that section 8 of the Act of the General Assembly of Georgia, approved December 4, 1893, incorporating the town of Auburn, in the county of Gwinnett, be, and the same is, hereby amended by adding at the end thereof the following words: Said council are hereby further authorized and empowered, in the exercise of the police power of said town, to enact ordinance preventing the delivery within the corporate limits of said town of wine, beer, whisky, or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinance providing for a penalty for so doing. Said town is further authorized and empowered to enact ordinances preventing any company, corporation or person whatever from receiving such intoxicants within the corporate limits of said town from any corporation or person whomsoever, and to enact ordinances providing for a penalty for so doing. Said town is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to the town of such intoxicants within the corporate limits of said town, and for the disposition of the same by sale or otherwise, in the hands of any corporation, company or person whatever. Said town is further authorized and empowered in the exercise of the police power of said town to provide for and enact any other ordinance looking to the regulation, restriction, suppression or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town whatever by high license, prohibitory tax, or otherwise; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and interstate

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shipments of, distinguished from shipments from beyond the State and interstate commerce. Auburn, delivery of intoxicants within 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 22, 1907. AUGUSTA, CHARTER AMENDED. No. 18. An Act to amend the charter of the city of Augusta, so as to require all persons intending to become candidates, at any regular election, for the mayoralty, or membership in the council, of said city, to file notice of such intention; to provide that in case not more than one such notice is filed in respect to any such position that the person filing such notice shall be, without an election, declared the incumbent of such position for the next ensuing term, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the city of Augusta, in said State, is amended as follows: [Illegible Text] That every person hereafter intending to become a candidate for the mayoralty, or for membership in the city council of said city, at the regular city elections, as now fixed by law for the month of December, shall, between the first Wednesday in October and the first Wednesday in November, both inclusive, preceding such month of December, file in the office of the clerk of council of said city with said clerk or his deputy a declaration or notice of such intention which shall state the position, and, in case of the candidacy being for membership in the city council, in addition, the ward. A written acknowledgment of the receipt of such declaration from said clerk or his deputy, shall always be evidence of its filing. That in case not more than one such notice or declaration of intention is filed in respect to any particular such position during the time above required, then the person so filing, by virtue of this Act, becomes the incumbent of such position for the next ensuing term as now fixed by law; and the said clerk of council shall, on the Thursday next succeeding such first Wednesday in November, publish, in each

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daily paper of the city of Augusta, a declaration to that effect; and shall also publish, on said Thursday and the two days next succeeding, in such papers, the names of candidates for each such position where there is more than one candidate for any such position; that once a week during the month of September in each year, said clerk shall publish in such daily newspaper as the official notices of the city council of Augusta may be now, or hereafter, published in, a notice of the requirements of this Act as touching the next ensuing election. That in cases where there is not more than one notice or declaration filed as heretofore required, in regard to any particular position, that no polls shall be opened nor election held in such ward or wards as such condition may exist, neither in regard to the mayoralty nor membership in the city council, unless in cases where there is, in years of the mayoralty election, more than one candidate for the mayoralty, qualified as hereinbefore required, and only one notice of intention in respect to the membership in council filed, when and in which case, the election shall be held as provided by law, but for the mayoralty alone, in each such ward or wards. That in case no notices or declarations in regard to any particular place or position are filed, as hereinbefore required, the election shall be held as prescribed by law; and in every case where more than one such notice or declaration shall be so filed for the position in respect to which it is filed, the election shall be held as required by law. Candidates for mayor or membership of council, announcement 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 they are, hereby repealed. Approved August 7, 1907. BABCOCK, CHARTER AMENDED. No. 83. An Act to amend an Act entitled an Act incorporating the town of Babcock, in the county of Miller, approved December 14, 1901, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That an Act incorporating the town of Babcock, in the county of Miller, approved

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December 14, 1901, be, and the same is, hereby amended as follows, to wit: Babcock, town of. By striking section 18 from said Act, so that said Act when amended will read as follows: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Babcock, in the county of Miller, be, and the same is, hereby incorporated as a town under the name of the town of Babcock. SEC. 2. Be it further enacted, That the corporate limits [Illegible Text] said town shall be as follows: Commencing at the office of the Babcock Brothers Lumber Company, said office being in the county of Miller, and extending in every direction one-half mile. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the said town of Babcock, and by that name and style shall have perpetual succession and do all acts relating to their corporate capacity; and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors, for the sole use and benefit of the said town of Babcock, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town, and to sell, exchange or lease the same in any way whatever. Mayor and aldermen, powers of. SEC. 4. Be it further enacted, That E. H. Taylor be, and he is hereby, appointed mayor, and E. H. Hammond, E. H. Pope, J. W. Shannon and Mose Patton are hereby appointed aldermen of said town of Babcock to hold their offices until the first annual election, as hereinafter provided. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That on the first Monday in January, 1903, and annually thereafter, there shall be held an election in said town for mayor and aldermen. The term of office for said mayor and aldermen shall be one year, or until their successors are elected. Said election shall be conducted in the same manner as elections for county officers in the State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. In case there is no justice of the peace residing in said town of Babcock, then the election may be held by any three disinterested persons. Election of successors. SEC. 6. Be it further enacted, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General Assembly for said county, and who

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have been bona fide residents in said town for three months previous to the election whereat they shall offer to vote. Voters SEC. 7. Be it further enacted, That said mayor and aldermen shall, before entering upon the duties of their respective offices, subscribe to the following oath, which may be administered by any officer in the State authorized to administer oaths: I do solemnly swear, or affirm, that I will faithfully discharge all the duties incumbent upon me as the mayor (or alderman) of the town of Babcock according to the best of my ability; so help me God. Oath. SEC. 8. Be it further enacted, That said mayor and aldermen shall have power and authority to elect a marshal, or any number, as they deem best, and a clerk, and to prescribe the duties of such officers, and to require of them such bonds as they deem necessary, but no salary whatever shall be paid to the mayor or aldermen, but they shall not be subject to any street tax or duty while holding their respective offices; that the mayor and aldermen shall fix the price to be paid the marshal of the said town, and that said marshal shall act as tax-receiver and tax-collector. Other officers. SEC. 9. Be it further enacted, That said mayor and aldermen, or a majority of the aldermen in case a full body can not be obtained, shall have power to make and pass all ordinances, by-laws, rules and regulations that may seem necessary for the good government, peace, order and health of said town, and for the enforcement of all powers herein granted; provided, that they do not and are not in conflict and repugnant to the Constitution and laws of the State of Georgia or of the United States. Powers of mayor and aldermen. SEC. 10. Be it further enacted, That said mayor and aldermen shall have power to levy a tax, not to exceed one-fourth of one per cent., on all property, real and personal, subject to State tax within the corporate limits of said town, for the purpose of paying the expenses of said town and of the system of public schools hereinafter provided for, and the returns as made to the State and county tax-receivers of Miller county shall be accepted as the correct assessment. The mayor and aldermen shall also have the power and authority to require all persons subject to road duty, under the laws of Georgia, to work on streets and sidewalks of said town as often as they deem it necessary, but those who are required to work the streets or sidewalks may be relieved of same by the payment of such commutation tax as the mayor or aldermen shall prescribe. That the marshal of said town shall be required to summon all persons within the corporate

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limits of said town to work the streets and sidewalks, and that all notice or summons necessary shall be by word of mouth. Taxation. Street work or commutation tax. SEC. 11. Be it further enacted, That said mayor or an alderman shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or regulation of said town, by fine, imprisonment or work on the streets of said town, or any one or more of these punishments may be ordered, in the discretion of the mayor; provided, said fine shall not exceed one hundred dollars, and such imprisonment shall not exceed six months. Enforcement of ordinances, etc. SEC. 12. Be it further enacted, That said mayor and aldermen shall have power to elect a mayor pro tem., who shall perform all the duties of the mayor when from any cause the mayor can not be present to execute the duties of his office, or fill said office of mayor in case he is disqualified by reason of relationship, or any other cause, to preside; also fill any vacancy that may occur in the office of mayor or alderman, or any subordinate office of said town. Mayor pro tem. SEC. 13. Be it further enacted, That said mayor, or the mayor pro tem., shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Collection of taxes, etc. SEC. 14. Be it further enacted, That the mayor, or the mayor pro tem., shall have the power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or to commit him to the guard-house or to the county jail for the violation of the ordinances of said town. And in case the mayor, or the mayor pro tem., while in the investigation of a case discovers that the offender has violated the laws of Georgia, then in that event he shall bind over to a court in Miller county having jurisdiction to try him. Witnesses. SEC. 15. Be it further enacted, That the mayor and council shall be forever prohibited from granting license in any form, to any person, for the sale of spirituous, vinous or other intoxicating liquors within said corporation of Babcock. Sale of liquor. SEC. 16. Be it further enacted, That the mayor of said town shall be chief executive officer; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he may appoint special police whenever he may deem it necessary, of whom he shall have full control; he shall have power to issue executions for all fines, penalties and cost imposed

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by him, or he may require the immediate payment thereof, and in default of such immediate payment he may imprison the offender in the guard-house of said town, or in the county jail of Miller county, not exceeding six months, and said offender, while not confined in the guard-house or county jail of Miller county, shall be compelled to work on the streets or sidewalks of said town of Babcock. Executive powers of mayor. SEC 17. Be it further enacted, That said mayor and aldermen shall have authority to devise, design and adopt a through system of public instruction in said town, and shall have exclusive jurisdiction over all the schools established under said system, and modify the same from time to time as the circumstances may require; to establish such schools as they may deem proper, not exceeding one for the white race and one for the colored race. No white child shall attend a colored school, and no colored child attend a white school in said town of Babcock. The mayor and aldermen also have the authority to appoint, remove or suspend teachers, in their discretion; to fix salaries for teachers; to prescribe a curriculum or course of study; to make such by-laws for the control and government of said schools as they deem proper, and to do all lawful acts conducive to the proper and successful operation of said school system. The mayor and aldermen shall also have the power and authority to prescribe or name the entrance fee into each of said schools, and to prohibit the entrance into said schools by such child or children, whether they be residents of said town of Babcock or not, who may refuse to pay the same. Public school system. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1907.

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BARNESVILLE, GORDON COLLEGE AND PUBLIC SCHOOLS. No. 191. An Act to amend the Act incorporating the Barnesville Male and Female High School, approved January 20, 1852, as amended by the Act approved December 17, 1894; to change the name of said institution of learning to Gordon College; to change the name of the corporation; to increase its board of trustees to eleven members by adding two additional members; to authorize said college to confer diplomas and degrees; to confer additional powers and privileges upon said board and said college; to authorize and empower said board of trustees to operate, govern and control a system of public schools in and for the city of Barnesville, 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 Act incorporating the Barnesville Male and Female High School, approved January 20, 1852, as amended by the Act approved December 17, 1894, be, and the same is, further amended as follows, to wit: Barnesville SEC. 2. Be it further enacted, That the name of the institution of learning thus chartered, as above stated, be, and it is, hereby changed from Gordon Institute to Gordon College, so that said institution shall hereafter be known as Gordon College. Gordon College. SEC. 3. Be it further enacted, That the name of the corporation incorporated and organized by the Acts aforesaid and having control, supervision, etc., of said institution be, and it is, hereby changed to Board of Trustees of Gordon College, under and by which name said corporation shall have perpetual succession, and shall have power and authority to control, administer, supervise, and operate said institution, which is to be known as Gordon College, as above set forth; to make contracts; and to do all other acts things, and to have all other powers and rights necessary and desirable for carrying out the purposes of said college and advancing its interests and welfare, together with those powers and privileges granted and conferred by the

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original and amendatory Acts aforesaid, which powers and privileges are hereby continued in full force. Board of Trustees of Gordon College, powers of. SEC. 4. Be it further enacted, That the number of members of said board of trustees be increased from nine members, as provided in said original Act, to eleven members, by adding to the board the persons who may from time to time be respectively the mayor of the city of Barnesville and the president of the board of education of the county in which said city is or may hereafter be located, so that such mayor and president of the county board of education shall always be ex-officio members of said board of trustees, and entitled to all the rights and privileges as such. In the event, however, that such mayor or president of the county board of education for the time being, shall already be a permanent member of said board, then the mayor and council of the city of Barnesville shall have the right to elect a temporary member of said board, who shall hold office until a new mayor or president of the county board, as the case may be, is elected who is not already a permanent member of said board; it being the intent hereof to have said board to always consist of eleven members, as aforesaid. Vacancies in said board by death, resignation, removal, or other cause, shall be filled by the remaining members of said board as heretofore. Membership of said board. SEC. 5. Be it further enacted, That said board shall also have the power to conduct a military department in connection with Gordon College, and to provide for the instruction of the boys attending same in military tactics, and the art and science of war, and to make the same compulsory within such reasonable limitations as it may fix, and to provide rules and regulations for the government thereof and for enforcing military discipline in the same; and they may build, establish and maintain barracks and dormitories in connection therewith, and prescribe suitable rules and regulations for the same. Said board may also provide and maintain dormitories for the girls in attendance upon Gordon College, should they so desire. Said board may also establish and maintain business, technical, scientific, domestic science, agricultural, normal, industrial, musical and manual training departments in connection with Gordon College; any or more of such departments, or other departments, as they may see fit. and fix the regulations and requirements of same. The president of Gordon College, by and with the consent of said board of trustees, shall have the power to grant and confer such diplomas, certificates, honors and degrees, as are usually conferred in schools and colleges, upon pupils who comply with the necessary

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requirements fixed by said board, and who complete satisfactorily one or more of the courses of study prescribed for said college. Powers of board. SEC. 6. Be it further enacted, That in the event that a system of public schools should be established in and for the city of Barnesville, then said board of trustees of Gordon College is hereby fully empowered and authorized to operate, govern, control, supervise and manage said public school system (in addition to its work of carrying on, managing and governing Gordon College); to act as an agency or instrumentality of said city in conducting said schools; to make suitable rules and regulations for the government of said schools and its teachers and pupils; to employ and elect the superintendent, teachers and other officers of said school and to remove them in their discretion, and to fix their salaries; to make all proper contracts for the purpose of operating said public school system; to build, equip, and furnish school buildings, dormitories and any other buildings necessary for said schools; to lay out and prescribe courses of study and text-books; to make hygienic and sanitary regulations; and to receive and exercise whatever rights and powers and privileges may be conferred upon said board by the General Assembly in any Act it may pass establishing a public school system in said city. Public school system 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 22, 1907. BARNESVILLE, PUBLIC SCHOOLS. No. 230. An Act to authorize the city of Barnesville, in the State of Georgia, to establish and maintain a system of public schools by local taxation; to provide for the support, maintenance and government thereof; to require the mayor and council of said city to levy and collect a special tax for public school purposes; to provide a governing body or board of trustees to control said public schools, and to define its powers and duties; to require the State School Commissioner to pay over to the secretary and treasurer of said board the pro rata share of the State and county common school fund and other funds to which

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said city and the children attending said public school system are entitled; to authorize said city to issue, negotiate and sell bonds for the purpose of providing school sites, buildings and equipments for said public schools; to provide for submission to the qualified voters of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, the corporate authorities of the city of Barnesville having so recommended, That upon the ratification of this Act by an election, as hereinafter provided, the said city of Barnesville, State of Georgia, be, and it is, hereby granted authority and power to establish and maintain a system of public schools in and for said city and the inhabitants thereof, as hereinafter provided. Barnesville public school system. SEC. 2. Be it further enacted, That as soon as this Act is ratified, as hereinafter provided, the mayor and concil of said city shall at once establish a system of public schools for said city and its inhabitants, and provide adequate buildings, grounds, equipments, desks, furniture, apparatus, fixtures and other necessaries for same; and thereupon the management and control of said system of public schools, which is to be established and maintained by said city and its mayor and council, shall be vested in the board of trustees of Gordon College, which board is a corporate body under an Act of the General Assembly of Georgia, approved January 20, 1852, and the Acts of the General Assembly amendatory thereof, and which college is a charatered school or institution of learning of the State under said Acts; and said board as now constituted, or as may hereafter be constituted, from time to time, shall have the power to control, supervise and manage the system of public schools established by the provisions of this Act. Establishment and control of ublic schools. SEC. 3. Be it further enacted, That neither said board of trustees nor any of its members or officers shall receive any compensation for any of the duties or services required of them by the terms of this Act. The secretary and treasurer of said board before entering upon his duties shall give bond in the sum of five thousand dollars to account for all moneys and funds that may come into his hands by virtue of his office, and the expense of making said bond shall be paid by said city. No compensation for members of board. Bond of secretary and treasurer. SEC. 4. Be it further enacted, That said board of trustees be, and it is, hereby given power and authority to operate, conduct, manage, control and supervise said system of public schools in

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and for said city, and to do and perform all necessary acts, and devise and adopt all necessary ways and means for the proper operation of said schools; to prescribe courses of study and textbooks; also, in addition to the regular common school course of study, to adopt such other courses, including primary, grammar, high school, industrial, scientific, business, agricultural, domestic science, and technical courses, as it may deem proper, and to fix and prescribe the courses of study and the text-books for same; to select and employ a superintendent and teachers for said schools, and remove them at its discretion; to make such rules and regulations for the government of the superintendent, teachers and pupils as they may deem proper; to make such hygienic and sanitary regulations for said schools and the pupils attending them as it may deem proper; to require successful vaccination as a condition for entering or remaining in said schools, and to exclude any pupils who may be exposed to infectious, epidemic or contagious disease; to receive and hold by purchase, lease, gift, or otherwise, all property, both real and personal, for the use and benefit of said city of Barnesville as may from time to time be proper and necessary for carrying on said schools; to construct the necessary school buildings, dormitories and any other buildings which they may consider necessary and supply same with the proper equipments, furniture and apparatus; and to do all and every other act or acts as are or may be necessary and desirable for the proper conduct and operation of said system of public schools. Powers of said board of trustees over public schools. SEC. 5. Be it further enacted, That as soon as this Act is ratified and said public school system established, said board of trustees shall at once take charge of said schools and begin the operation of same. Separate schools for white and colored shall be provided. All children between the ages of six and eighteen years, whose parents or guardians are bona fide residents of the city of Barnesville or of the county in which said city is now or may hereafter be located, shall be entitled to the benefits of said schools under such regulations, as said board may provide, and said board may provide for the admission of any children who reside without said city of Barnesville, or such county, or are over eighteen years of age, into said schools upon the payment of such rates of tuition as it may fix. Said schools shall be kept in session for a period of not less than six nor more than ten months of each year. Separate schools for white and colored children. SEC. 6. Be it further enacted, That the tuition of the children

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between the ages of six and eighteen years whose parents or guardians are bona fide residents of the city of Barnesville or the county in which it is or may hereafter be located as aforesaid, and who are pursuing the regular common school course beneath the high school shall be free, but that said board shall provide for the payment of such rates of tuition as it may deem proper for all pupils attending said system of public schools from elsewhere. Tuition free for resident children. SEC. 7. Be it further enacted, That in connection with said public school system and as a part of same, and in lieu of a high school department, said board of trustees shall continue as heretofore to supervise and control Gordon College, a chartered educational institution located in said city as aforesaid for the purpose of instructing the pupils in those studies usually pursued in high schools and colleges, having the same power over same as to election of teachers, prescribing courses of study, textbooks, etc., as it has over the free schools of lower grades, herein provided for. The president of said Gordon College may be the superintendent of said public schools, should the board so decide, with the authority to superintend and direct same under said board. Said board shall have the right and power to fix tuition and incidental fees for the pupils attending Gordon College and require same paid in advance at such intervals as they may see fit; and to refuse to admit or to exclude such pupils from said Gordon College as do not promptly pay such tuition and incidental fees at the time or times when they are required to do so. Said board shall also have the right and power to discriminate between the tuition fees required of pupils attending Gordon College from said city of Barnesville and the county in which it is or may hereafter be located, and those attending from elsewhere, thus requiring non-residents to pay more than residents. Said board shall also have the power to conduct a miltary department in connection with Gordon College, and to provide for the instruction of the boys attending same, in military tactics, and the art and science of war, and to make same compulsory within such reasonable limitations as it may fix, and to provide rules and regulations for the government thereof and for enforcing military discipline in the same. And they may build, establish and maintain barracks and dormitories in connection therewith, and prescribe suitable rules and regulations for the same. Said board may also provide and maintain dormitories for the girls in attendance upon Gordon College, should they so desire. Said board may also establish and maintain

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business, technical, scientific, domestic science, agricultural, normal, industrial, music and manual training departments in connection with Gordon College, any one or more of such departments or other departments as they may see fit, and fix the regulations of same. The president of Gordon College, by and with the consent of said board of trustees, shall have the power to confer such diplomas, honors and degrees, as are usually conferred in schools and colleges, upon pupils who comply with the necessary requirements fixed by said board and who complete satisfactorily one or more of the courses of study prescribed for said college. Gordon College in lieu of high school. Powers of board. SEC. 8. Be it further enacted, That said board shall keep minutes of its proceedings, and regular books of account, which shall always be open to the inspection of the mayor and council of said city, and they shall render to said mayor and council on the first Monday in July in each year an itemized statement of the receipts and expenditures of said school system for the preceding scholastic year. Reports of board. SEC. 9. Be it further enacted, That said city and its mayor and council shall maintain said system of public schools and provide funds and revenues for that purpose (in addition to those derived from the State and county and other sources) in the following manner, to wit: At or before the beginning of each scholastic year said board of trustees shall furnish to said mayor and council a written estimate of the funds necessary for the support and maintenance of said school system for the ensuing year, including expenses to be incurred for erecting buildings, and providing suitable equipments, furniture, repairs, etc., whereupon said mayor and council are hereby authorized and empowered, and it shall be their duty to raise the necessary funds required by said estimate, for the support and maintenance of said schools, by the assessment and levy of a special annual ad valorem tax upon all taxable property of said city, not to exceed one-half of one per cent. upon the assessed value thereof; provided, that the said special tax and the rate assessed by the mayor and council for all other purposes, shall not, in the aggregate, exceed the maximum rate of one per centum as it now stands in the charter. The funds thus raised by said special tax, which is not to exceed one-half of one per cent., as aforesaid, shall be known as the school tax, and shall be paid over quarterly by the mayor and council to said board of trustees, to be used only for school purposes as aforesaid. School tax. SEC. 10. Be it further enacted, That said mayor and council

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be, and they are, hereby authorized, from time to time, as needed, to issue, sell and negotiate bonds for the purpose of buying lots, and for the erection and equipment of suitable school buildings, library buildings, dormitories, or other buildings thereon, when needed to meet the requirement of said public school system or said college or any other school or college in said city. Said bonds to be called school bonds, and to be of such a denomination and to such amount or amounts as may be necessary, and to bear such rate of interest as may be fixed by said mayor and council. The funds that may be realized from such issue or issues of bonds from time to time shall be turned over to said board of trustees to be used for the purposes aforesaid; provided, however, that no bonds shall be issued under the authority herein given in the name and behalf of the said city of Barnesville, without first submitting the question to the qualified voters of said city, at an election to be called for the purpose by said mayor and council, and receiving the assent of two-thirds of the qualified voters of the city, as provided by law. Authority to issue school bonds. Ratification SEC. 11. Be it further enacted, That the board of education of the county of Pike, and the authorities of said county, are hereby prohibited from establishing or maintaining any other school or schools in said city, and from paying any part of the public or common school funds of the State or of the county in which said city is or may hereafter be located, to any other school or schools in said city, not a part of the public school system established by the provisions of this Act. Other schools. SEC. 12. Be it further enacted, That said public school system shall receive its pro rata share of the State and county public or common school fund or funds direct from the State School Commissioner, and it shall be the duty of the State School Commissioner to pay over to the secretary and treasurer of said board of trustees the pro rata share of said State and county, public or common school funds to which said city and the children attending said public school system are entitled, according to the number of children of school age residing in said city, increased by the number of children of school age residing without the limits of said city, but in the county in which it is or may hereafter be located, who attend school in said city, as provided by section 1406, of volume 1 of the Code of 1895, together with such other allowance as may be due or payable to said public school system and the children attending same, under existing laws, or laws that may be hereafter enacted. Pro rata share of public school fund SEC. 13. Be it further enacted, That said board be, and it is

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hereby authorized to cause a school census to be made of the children of school age residing within the limits of said city, as soon after the ratification of this Act as possible, and to furnish same to the State School Commissioner, and regularly thereafter as required by law. School census. SEC. 14. Be it further enacted, That before the foregoing provisions of this Act become operative its adoption shall be submitted to the qualified voters of said city, for which purpose the mayor and council are hereby authorized, after the passage of this Act, to order an election to be held in said city at the usual voting place at such time as said mayor and council shall by ordinance name, for the purpose of determining whether this Act shall become operative and effective. All persons who favor the adoption of the provisions of this Act shall have printed or written on their ballots the words, For public schools, and those opposed shall have written or printed on their ballots Against public schools, and in case two-thirds of the qualified voters of said city voting at said election shall vote in said election For public schools, then said system of public schools shall be established and maintained and operated as in this Act provided. Notice of said election shall be given in a newspaper published in said city, and in the official gazette or organ of the county once a week for four weeks preceding said election. The returns of the election shall be made and the results declared as in other elections in said city, and held under the same rules and regulations as other city elections. In case two-thirds of the persons voting at said election do not vote For public schools, then an election may be held by order of said mayor and council annually hereunder, until the provisions of this Act are adopted by a necessary two-thirds vote For public schools. Ratification 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 22, 1907.

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BETHLEHEM, CHARTER REPEALED. No. 281. An Act to repeal an Act entitled an Act to incorporate the town of Bethlehem, in the county of Walton, 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 the authority of the same, That an Act entitled an Act to incorporate the town of Bethlehem, in the county of Walton, and for other purposes, approved December 17, 1902, and all Acts amendatory thereof are hereby repealed. Bethlehem, charter repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. BETHLEHEM, INCORPORATED. No. 246. An Act to incorporate the town of Bethlehem, in the county of Walton, and define its limits; to provide for a mayor and council and other officers of said town and prescribe their powers and duties; to provide for all matters of municipal concern; and empower the mayor and council of said town to enact ordinances preventing the delivery of, and receiving intoxicating liquors and whiskies within the limits of said town; to provide a penalty for violating same; to provide for the seizure and disposition of said intoxicants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory embraced within the limits of half a mile in every direction from the corner of main street and the main line of the Gainesville Midland Railway in every direction, in the town of Bethlehem, in the county of Walton, be incorporated under the name and style of the town of Bethlehem, and said town is hereby incorporated. Bethlehem, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That

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E. S. Harris be, and is, hereby appointed mayor, and J. W. Bell, W. W. Jennings, W. P. Harrison, J. C. Bedingfield and L. W. Leslie be, and they are, hereby appointed councilmen of said town of Bethlehem, to hold their offices from the date of the approval of this bill until the first annual election as herein provided. Mayor and councilmen named. SEC. 3. Be it further enacted, That on the first Friday in December, 1907, and annually thereafter on the same day, an election shall be held in such place in said town as shall be designated by the council of said town for mayor and five councilmen, who shall hold their offices for one year and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of mayor or councilmen of said town who is not a resident of said town, and who has not been a resident of the State of Georgia twelve months, of the county of Walton six months and of the town of Bethlehem three months. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Election of successors. SEC. 4. Be it further enacted, That before entering on the discharge of their duties, the mayor and each councilman shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor or councilman, as the case may be, of the town of Bethlehem, according to the best of my ability and understanding; so help me God. Oath of mayor and councilmen SEC. 5. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as may be necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of such subordinate officers and require such bond for the faithful performance of their duties as they may deem necessary and proper. Other officers. SEC. 6. Be it further enacted, That the mayor shall be ex officio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses; to examine under oath, to admit any offender to bail or to commit him to jail for violation of the laws of the State,

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and to admit to bail or commit to the guard-house for violation of the ordinances of said town. Mayor's court. SEC. 7. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that may be necessary for the government of said town not repugnant to the Constitution and laws of this State or the United States. General powers of mayor and councilmen SEC. 8. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax, not exceeding twenty-five cents on every hundred dollars, upon all the property, both real and personal within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duty, under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets; provided, that the corporate limits shall extend only as prescribed in section 1 of this Act, for the purpose of raising the said tax of twenty-five cents on every hundred dollars. Tax on property. Street work and commutation tax. SEC. 9. Be it further enacted, That the mayor and council of said town shall have power to pass any ordinance to prohibit the storage or keeping of wines, beer, white-hops, malt, alcoholic or intoxicating liquors of any kind, for any illegal purposes within the corporate limits of said town; to prevent the sale or keeping for sale the same and to punish any person for violating the said law or ordinances. Storage and sale of liquor. SEC. 10. Be it further enacted, That said mayor and council are further authorized and empowered, in the exercise of police power of said town, to enact ordinances preventing the delivery within the corporate limits of said town, of wine, beer, whisky or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances providing for a penalty for so doing; to enact ordinances preventing any company, corporation or person from receiving such intoxicants within the corporate limits of said town from any corporation or person whomsoever, and to provide for a penalty for so doing; to enact ordinances to provide for the seizure and forfeiture to the town of such intoxicants within the corporate limits of said town and for the disposition of the same by sale or otherwise, in the hands of any corporation, company or person whatever. Said mayor and council is further authorized and empowered in the exercise of police power to provide for and enact ordinances

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for the regulations, suppression, or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town; provided, that the provisions of this Act shall be held and construed to apply to domestic commerce and interstate shipments as distinguished from shipments from beyond the State and interstate commerce. Authority to prohibit delivery of liquor within corporate limits. SEC. 11. Be it further enacted, That said mayor and council shall have power to remove or abate any nuisance in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they may prescribe by ordinance. Nuisances SEC. 12. Be it further enacted, That the mayor of said town, and in his absence, the mayor pro tem., who shall be elected by the councilmen from their own number, shall be the chief executive officer of said town. He shall see that ordinances, bylaws, rules and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved and that persons and property therein are protected and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof he may imprison the offender in the guard-house of said town not exceeding fifty days or may order the offender to work not exceeding fifty days on the streets of said town under direction of the marshal of said town; provided, that no fine shall exceed fifty dollars for any one offense, but the mayor is hereby invested with full power and authority to inflict for any such offense either one or more or all of said penalties in the discretion of the mayor. Mayor, powers of. SEC. 13. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office, under the provisions of this charter. Vacancies. SEC. 14. Be it further enacted, That in the meetings of said council the mayor shall not be allowed to vote except in cases of elections and of a tie vote of the council. Vote of Mayor. SEC. 15. Be it further enacted, That the municipal government shall be styled the mayor and council of the town of Bethlehem, and by that name are made a body corporate; as such

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they shall have perpetual succession, shall have a common seal, may contract, hold, possess, sell and convey for the use of said town, real or personal property; may sue or be sued. Corporate name and powers. SEC. 16. Be it further enacted, That said mayor and council shall have power to fix and collect a special tax or license upon 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, livery-stables, auctioneers, shows, circuses, and exhibitions of all kinds, peddlers and all itinerant traders, save such as are excepted by the laws of said State, every keeper of a shooting-gallery, or tenpin-alley, or the keeper of any table, place or stand for the performance of any game or play, whether played with sticks, balls, rings or other contrivance, bicycles, or skating-rinks for gain; they shall have power to fix penalties against any and all persons carrying on any of said occupations, or exercising any of such privileges, without having first obtained said licenses and paid tax therefor. Specific taxes. SEC. 17. Be it further enacted, That in case where any taxes, fines, commutation taxes or license fees are not paid when due the mayor of said town shall issue an execution against said delinquents, which execution 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 such fi. fas. as in case of fi. fas. issued for State and for county taxes. Collection of taxes, etc SEC. 18. Be it further enacted, That said mayor and council are vested with power to lay out and open new streets or alleys, to widen or straighten any of the streets, sidewalks or alleys of said town, and to assess any damage that property-holders may incur thereby in the manner now prescribed by law, which damage shall be paid out of the town treasury. They may prohibit or remove all obstructions or encroachments on the streets or sidewalks and they shall have power to regulate and control a location of cemeteries and burial of the dead within the corporate limits of said town. Streets, etc. SEC. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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BEVERLY, INCORPORATED. No. 200. An Act to incorporate the town of Beverly, in the county of Elbert, State of Georgia; to define the limits thereof; to provide for a mayor and council and other officers; to prescribe their powers and duties; to provide a municipal government for said town; to provide for the enactment of all necessary ordinances; to provide for penalties for the violation of the same; to provide for a system of revenue by taxation or otherwise; to provide for streets and sidewalks and the working of same; to declare and define the police power of said town; to provide for the condemnation of property for the use of said town; to provide for the granting of licenses for all kinds of business and trades, 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 Beverly, in the county of Elbert, State of Georgia, be, and is, hereby incorporated under the name of the town of Beverly. Beverly, town of incorporated. SEC. 2. Be it further enacted, by the authority aforesaid, That the corporate limits of said town of Beverly shall extend one-fourth of a mile in every direction from the east end of the bridge across Beaverdam creek at Pearl Cotton Mill, in said town. Corporate limits. SEC. 3. Be it further enacted, That the municipal authorities of said town shall be a mayor and three councilmen, who are hereby constituted a body corporate by name of the town of Beverly, 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 corporate powers. SEC. 4. Be it further enacted, That from and after the passage of this Act C. E. Riley, of said town, be, and is, hereby appointed and constituted mayor of said town, and W. H. Epps, John T. Vail and W. A. Swift, all of said town, be, and they are, hereby appointed councilmen of said town; the said mayor and councilmen, and their successors in office, to hold over until their successors are elected and qualified as hereinafter provided. Mayor and councilmen named.

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SEC. 5. Be it further enacted, That on the second Saturday in January, 1908, and annually thereafter, on the same day, an election shall be held in said town for a mayor and councilmen thereof, said election to be under supervison, rules and regulations (not inconsistent with the laws governing county elections) as the council may prescribe. Election of successors. SEC. 6. Be it further enacted, That all male inhabitants of said town who have been bona fide residents thereof for three months next preceding an election held therein, and who are qualified to vote for members of the General Assembly shall be qualified to vote in such elections. Voters. 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 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 said town in its corporate name. Municipal officers. SEC. 8. Be it further enacted, That the mayor and councilmen, and such other officers of said town as are herein provided for, before entering upon the duties of their respective offices, shall 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 councilman, or other officer) of the town of Beverly, according to the best of my ability; so help me God. Said oath, together 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; to prevent injury or annoyance to the public by individuals from anything dangerous or unwholesome; to protect places of divine worship; to abate or cause to be abated all nuisances; to protect the property and persons of said town, and to preserve peace and good order therein, and for this purpose to appoint when necessary, a police force to assist the marshal in the discharge of his duties; to provide 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 government and regulation of its own body. The council shall have power to make and pass all needful

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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 exact reasonable fines, penalties and imprisonments in the town prison, if there be one; for a term not exceeding thirty days. Powers of council. SEC. 10. Be it further enacted, That the said town shall have the right and power to organize work-gangs and to confine at labor therein for a term not exceeding thirty days violators of the ordinances of said town; provided, that said penalty shall be inflicted as an alternative for failure or refusal to pay the fines imposed for violation of the ordinances of said town. Workgangs. 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 an investigation before him a proper case shall be made out by the evidence. Mayor's court. SEC. 12. Be it further enacted, That the councilmen of said town shall have power to elect a mayor pro tem., who shall perform all the duties of the mayor when, from any cause, the mayor 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 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 power to issue executions against all delinquent taxpayers, and may try and imprison or fine offenders against the ordinances of said town 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 22, 1907.

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BOSTON, CHARTER AMENDED. No. 126. An Act to amend the charter of the town of Boston, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the present charter of the town of Boston, as contained in the Acts of the General Assembly of Georgia entitled an Act to incorporate the town of Boston, in the county of Thomas, and to appoint commissioners of the same, and for other purposes, approved October 24, 1870, and the Acts amendatory thereof be, and the same are, hereby amended by adding the following provisions and additions to said charter, to wit: It shall be unlawful for any person or persons to have or keep in his, her, or their possession, or on hand, within the corporate limits of said town, whisky, or other intoxicating or malt liquors, for the purpose of illegal sale, and persons violating this provision of the charter of said town shall, on conviction thereof before the police court of said town, be sentenced by the presiding officer of said court to pay a fine not exceeding one hundred dollars, or to imprisonment for any time not exceeding thirty days in the guard-house of said town, or to work on the public streets of said town for any time not exceeding thirty days; any one or more, or all of these punishments may be imposed for the same offense in the discretion of the court. Boston. Keeping liquor for sale prohibited. Penalty. SEC. 2. It shall be unlawful for any person or persons to engage in card playing, dancing or any other occupation or amusement of a secular character on the Sabbath day, or to molest or disturb at any time any congregation while engaged in worship in any church within the limits of said town. Persons violating the provisions of this section shall, on conviction thereof before the police court of said town, be sentenced by the presiding officer of said court to pay a fine not to exceed one hundred dollars, or to imprisonment for any time not exceeding twenty days in the guard-house of said town, or to work on the public streets of said town for any time not exceeding thirty days; any one of these punishments may be imposed for the same offense in the discretion of the court. Amusements on Sabbath day, or disturbing congregation at worship prohibited, penalty.

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SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. BOSTON, CHARTER AMENDED. No. 179. An Act to amend an Act approved August 18, 1903, entitled an Act to amend an Act entitled an Act to incorporate the town of Boston, in the county of Thomas, in this State, approved October 24, 1870, and the several Acts amendatory thereof, so as to authorize the payment of the interest on the bonds provided for in section 1 in said Act to be made semi-annually on the first of March and September in each year, instead of annually on the first of December in each year, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act section 1 of the above-recited Act, approved August 18, 1903, be and the same is, hereby amended so as to authorize the payment of the interest on the bonds provided for in said section 1 of said Act to be made semi-annually on the first of September and March in each year instead of, as provided by said section, annually on the first day of December in each year; so that said section 1 when so amended shall read as follows: Boston. Section 1. Be it enacted by the Senate and House of Representatives of Georgia in the General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Acts above recited be, and the same are, hereby further amended by adding to the last above recited Act an additional section to be known as section 11, and to read as follows: Be it enacted by the authority aforesaid, That the mayor and aldermen of the town of Boston, in this State, be, and they are, hereby authorized to erect and maintain a system of waterworks and sewerage, and to provide a system for lighting the streets and public buildings therein and for this purpose to issue bonds in the name of said town to an amount not exceeding in the aggregate the sum of twelve thousand dollars

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each, and to bear interest at a rate not to exceed six per cent. per annum, payable semi-annually on the first day of March and September of each year, to which shall be attached coupons representing semi-annual interest on each of said bonds; one-third of said bonds to run for a term of ten years; one-third to mature at the end of fifteen years, and the remaining one-third to mature at the end of twenty years from the date of the issuing thereof. Said bonds not to be disposed of at less than ninety cents on the dollar of the par value thereof and the proceeds of said bonds to be used only for the erection and maintenance of a system of waterworks and sewerage, and for providing a system of lighting the streets and public buildings of said town. Bonds for waterworks and lighting 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 22, 1907. BOWMAN, INCORPORATED. No. 260. An Act to incorporate the city of Bowman, in the county of Elbert; to provide that all valid contracts heretofore entered into by the town of Bowman or by the mayor and council of Bowman shall be good and valid for or against the city of Bowman; to provide that all property now owned or held by the town of Bowman, or by the mayor and council of Bowman, shall be and become the right and property of the city of Bowman; that all rights and liabilities of the town of Bowman, or mayor and council of Bowman, shall accrue either to or against the city of Bowman, as the case may be; to provide how said city may be divided into wards, the number and all regulations for same; to define the limits of the city of Bowman; to provide for a mayor and councilmen and other officers of the city of Bowman; to provide their powers and duties and the manner of their elections; to provide for streets and sidewalks, and the working and paving of same; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health; to declare and

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define police powers of said city; to provide for the condemnation of private, public or semi-public property for the use of said city, and to define a method of arriving at the value of such property and compensating the owner therefor; to authorize the city of Bowman to establish a public school system, a system of waterworks and a system of electric lights, under such restrictions as are provided for by the State law, whenever in the judgment of the mayor and council of said city such course may be deemed advisable, and to issue bonds for any one or all the purposes under such restrictions as are provided for by the State law; to provide for the taxation and granting license to all kinds of business, trades, callings and professions; to provide for the prevention of the delivery and receiving of intoxicating liquors and whiskies within the incorporate limits of said city; to provide for the violating of same; to provide for seizure and disposition of said intoxicants; to provide for the fixing of the fiscal year; and to grant a charter to said city under the corporate name of the city of Bowman, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city of Bowman, in the county of Elbert, is hereby incorporated. Its corporate limits shall embrace and include all territory within one mile of a central point in said city; said central point shall be the intersection of what is known as Broad street, in said town, and Southern railroad. The said defined territory is incorporated under the name and style of the city of Bowman, and the city of Bowman is hereby chartered and given all the privileges and benefits conferred on cities by the Constitution and laws of Georgia, and by said name is hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, or to the cities thereof; and all rights, powers, privileges, titles, property, easements or hereditaments now belonging or in any wise appertaining to the town of Bowman, or to the mayor and council of Bowman, as heretofore incorporated, shall be, and are, hereby vested in the city of Bowman, as created by this Act; and the city of Bowman, in the county of Elbert, Georgia, created, established and declared by this Act, may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and

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council such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city as said mayor and council deem best and not inconsistent with the laws of Georgia and the United States; and the said city of Bowman shall be capable in law to purchase, hold, enjoy, receive, possess and retain in the perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, or hereditaments of any kind whatsoever, within or without the corporate limits of said city for the corporate purposes, and to sell, alien and convey, exchange or lease the same or any part thereof. The said city of Bowman, as created by this Act, is hereby made responsible, as a body corporate, for the legal debts, liabilities and undertakings of said town of Bowman, or of the mayor and council of the town of Bowman, as heretofore incorporated; and the present mayor and council of the town of Bowman shall continue in office as the mayor and the council of the city of Bowman, incorporated under this Act, until the next election shall be held for said officers in said city, as hereinafter provided for, and until their successors are elected and qualified, and all other officers of the town of Bowman shall continue in office in the city of Bowman until the next election shall be held for said officers for said city, as hereinafter provided for and until their successors are elected and qualified, such officers being subject to dismissal and all other pains and penalties provided in this Act. Bowman, city of incorporated. Corporatelimits and powers. SEC. 2. Be it further enacted, That the municipal government of this city of Bowman shall consist of a mayor, who shall be elected and serve for a term of one year or until his successor is elected and qualified; five councilmen, who shall be elected for and serve for a term of one year each, except as provided in section 3 of this Act, or until their successors are elected and qualified; a city clerk and treasurer, who shall be elected for and serve for a term of one year each, or until their successors are elected and qualified, and such other officers elected by the said mayor and council as are herein provided for, or as may be necessary in carrying out the provisions of this Act. Mayor and councilmen. SEC. 3. Be it further enacted, That the next election which is to be held in said city shall be the first Wednesday in December, 1907, and annually thereafter on the first Wednesday in December, at which election a mayor, city clerk, treasurer, and five councilmen shall be elected. Said mayor, city clerk and treasurer shall hold office for a term of one year or until their

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successors are elected and installed; the two members of said council who shall receive the highest number of votes at said election shall be elected for a term of two years; the other three members of said council for a term of one year; their respective successors shall be elected for a term of two years each. In said elections the polls shall be opened at such places as the mayor and council shall determine, at eight o'clock a.m., sun time, and close at three o'clock p.m., sun time. Said election shall be under the control and management of a justice of the peace, who may or may not be a resident of said town, and two freeholders residents of said city, or of three freeholders of said city. The managers of said election shall receive such compensation as may be agreed upon by said mayor and council, not exceeding two dollars per day each. Said election, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and not in conflict with this Act. Elections of municipal officers and terms of office. SEC. 4. Be it further enacted, That the managers of the elections in said city shall take before some officer authorized to administer oaths, or administer to each other, the following oath: I,....., do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability, prevent fraudulent and illegal voting, without fear or favor; so help me God. Oath of election managers. SEC. 5. Be it further enacted, That immediately after the polls are closed said managers shall count the ballots cast, and after the ballots have been counted the tally-sheets and list of voters shall be certified in writing by said managers in the following language, to wit: We do certify that the foregoing sheet or pages constitute the tally-sheet (or list of voters, as the case may be) of an election for....., held by us this..... day of..... and that they are accurate and faithful records of the names and number of voters and said election. This..... day of..... Certificate by election managers. ..... Manager. ..... Manager. ..... Manager. The tally-sheets and lists of voters shall then be sealed up together in an envelope, delivered to the city clerk of the city and filed on record in his office; the ballots shall likewise be

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sealed in an envelope, delivered to the city clerk and filed on record in his office. SEC. 6. Be it further enacted, That on the day succeding the election the managers thereof shall file a written report of the result with the city clerk, showing the number of the votes cast and for whom cast. Upon filing said report the mayor and council, at their next regular meeting thereafter, shall declare the result of such election, and such declaration be entered of record by the city clerk on his minutes of said meeting. Report of election managers. SEC. 7. Be it further enacted, That after thirty days of said election, if no notice of contest has been filed as to the result of said election, the city clerk aforesaid shall destroy the ballots. Should any person except under order of the court of competent jurisdiction, for any cause whatever, inspect either the tally-sheets, list of voters or ballots of said election after they have been filed with the recorder of the city as aforesaid, he shall be liable to a fine or imprisonment, or both, in the discretion of the police court of said city. Ballots and tally sheets SEC. 8. Be it further enacted, That on the first Monday in January after their election the mayor and councilmen-elect shall meet in the city hall, or other place usual for holding council meetings in said city, and there shall severally take, before some officer authorized by the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the city of Bowman for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my ability, without fear or favor; so help me God. Should the mayor or any councilman be absent from said meeting he or they shall take the oath of office as soon as possible thereafter. Oath of mayor and councilmen SEC. 9. Be it further enacted, That all persons who are qualified to vote for members of the General Assembly of the State of Georgia who shall have paid all taxes which have been legally imposed upon them by the authority of the State or by the city of Bowman (including street tax and business or specific tax) and which they have had an opportunity to pay agreeably to law, who have resided within the county of Elbert and the city for a period of six months before said election, and who have registered as hereinafter provided, shall be qualified to vote in any election held in said city of Bowman. Voters. SEC. 10. Be it further enacted, That the registration book

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hereinafter provided for shall, at the opening of the polls, upon every election held in said city be placed in the hands of the managers of the election by the recorder, and no one shall be allowed to vote at said election whose name does not appear on said registration book, attested by the name of the recorder opposite as registrar. Registration books. SEC. 11. Be it further enacted, That the city clerk of said city shall keep open constantly at his office, except on Sundays and legal holidays, a book to be known as the Registration book of the city of Bowman, in which the voters of said city shall register their names and ages in the presence of said city clerk, and the said city clerk shall sign his name as registrar opposite the name of said voters. Said registration books shall close twenty days before each and every election to be held in said city. Before registering his name as aforesaid, each person shall sign the following oath, to wit: I,..... do solemnly swear that I am twenty-one years old, have resided in the State of Georgia one year, and in the county of Elbert, and in the city of Bowman six months, or will have fulfilled these conditions by the date of the next election to be held in said city. I have paid all taxes due this State, county and city (including street and specific taxes or license) which have been required of me and which I have had an opportunity to pay agreeably to law, excepting only taxes for the current year; so help me God. The managers, or either of them, may, in their discretion, require the person offering to vote to take the oath aforesaid. Registration of voters. SEC. 12. Be it further enacted, That any person who shall vote illegally in any election held in the city of Bowman, under the authority of the law and this Act, shall be guilty of a misdemeanor, and punished as prescribed and provided in section 1039 of the Penal Code of the State of Georgia. Illegal voting, penalty for. SEC. 13. Be it further enacted, That should any contests arise over the result of any election for mayor and councilmen, city clerk or treasurer, it shall be determined as follows, to wit: The contestant, or contestants, shall within ten days from the date of said election, by petition of the superior court of Elbert county, plainly, fully and distinctly set forth his or their ground of complaint or contest and the names of the persons whose election is contested, and file his petition in the office of the clerk of superior court in Elbert county. Immediately upon the filing of such petition with the clerk, said clerk shall transmit a copy thereof to the judge of the superior court of said

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county, and shall serve the contestants, as set out therein, each with a copy of said petition. Upon a receipt of a copy of said petition the judge aforesaid shall fix the time and place of hearing and endorse the same on the copy of said petition; provided, that the time of said hearing of said petition shall be not more than sixty days nor less than thirty days from the date of his order, and may be either at a session of the superior court of said county or in vacation. Contested elections. SEC. 14. Be it further enacted, That during the pendency of said contest the person who has been declared elected, as heretofore provided, shall exercise the duties and receive the salary of said officer. Officers pending contest. SEC. 15. Be it further enacted, That the mayor and councilmen of the city of Bowman shall receive such compensation for their services as may be fixed by their predecessors in office, which shall neither be increased nor diminished during their term in office; provided, that the present mayor and council of the town of Bowman shall fix the compensation of the first mayor and councilmen to be elected for the city of Bowman as provided by this Act before their term of office expires and their successors are elected and qualified. The mayor and council of the city of Bowman shall fix the compensation of the city clerk and treasurer of said city, and all other officers of said city government unless otherwise provided by this Act. Salaries. SEC. 16. Be it further enacted, That whenever a vacancy from death, removal, resignation or otherwise shall happen in the office of mayor or councilman, the remaining members shall immediately proceed by election to fill said vacancy, and the officer or officers so elected by the remaining members of the council shall fill the unexpired term of office or officers in whose place they were elected, in the same manner and under the same restrictions and responsibilities as though they had been voted for at a regular city election. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a term of three consecutive months, the office may, in the discretion of the remaining members of council, be declared vacant, and a vacancy filled as in the case of vacancy caused by death, removal or resignation. In case of vacancy by death, removal or resignation in the offices of recorder or treasurer the same shall be filled by the mayor and council for the unexpired term. Vacancies. SEC. 17. Be it further enacted, That said city, in the discretion

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of the council and upon passing of the proper resolution, be divided into wards, not less than four, as may seem best to the council; the boundary lines of such wards to be laid out and designated by said city council, and when so laid off the said council shall by resolution fix the place in which elections are to be held in such wards, one such place in each ward, and voters shall thereafter vote in the ward in which they reside. The managers of elections in each ward shall be furnished by said city council with a list of the registered voters in such ward, and then and thereafter said city council shall consist of a mayor and one councilman from each ward, and one councilman from the city at large. But until and before that time said city council shall consist of a mayor and five councilmen, elected from the said city at large. City wards. SEC. 18. Be it further enacted, That the mayor and council of the city of Bowman shall have power and authority to enact all such ordinances, from time to time, as they may deem necessary to enforce the provisions of this charter; to suppress disorderly conduct, to protect life and property, to maintain the public peace, to protect the public health or that may be necessary to suppress vice or immorality in said city; or that may be necessary to foster virtue, intelligence or good morals in said city, or that may be necessary to suppress conduct liable to disturb the peace and tranquillity of any citizen or citizens thereof, and any other by-laws, regulations and ordinances that they may deem proper for the security of the peace, health, order and good government of said city which are not repugnant to the laws of the United States or of this State. General powers of mayor and council. SEC. 19. Be it further enacted, That the mayor, or mayor pro tem., and three councilmen, or four councilmen (who may elect one of their number to preside) shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day; provided, however, that when there are no more than four members present it shall require at least three affirmative votes to pass any resolution or ordinance; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said council on appeal from the police or mayor's court, and in all such cases on an appeal a majority of the number present shall be sufficient to find a verdict either for or against the defendant. Said mayor and council shall hold their meetings within the limits of said city, and at such times and places as they see proper. Quorum of council.

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SEC. 20. Be it further enacted, That said mayor and council shall have power to pass all such ordinances, by-laws, rules and regulations as may in their discretion, be necessary to enforce all of the laws of the State of Georgia applicable to municipal corporations, and which laws in so far as they are not in conflict with this Act are made a part thereof, and to provide penalties for their violation. They shall have power and authority to lay off, open, close, alter, vacate, curb, pave and keep in good order and repair all 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, footways, crosswalks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owners and occupants thereof, or the owners or occupants of the real property next adjacent thereto; to establish and regulate markets; to prescribe the time of holding same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle and other animals and fowls of all kinds, from going at large in said city; to protect places of divine worship in and about the premises; to abate or cause to be abated, anything which, in the opinion of the mayor and council, shall be a nuisance; to regulate the keeping of dynamite, and other combustibles; to abate or cause to be abated, nuisances in the form of lewd or bawdy houses or houses suspected of being such, and places keeping or suspected of keeping for unlawful sale any liquors, wines, beers, or other intoxicating alcoholic drinks, by whatever name or names the same may be called; to provide in or near said city places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures and for the making of division fences by the owners of adjacent premises, and a drainage of lots by proper drains and ditches; to make regulations against danger by fire and to provide limits in which no wooden buildings shall be created; to protect the property and persons of the citizens of said city, to preserve peace and order therein; and for this purpose the said mayor or mayor pro tem. shall appoint, when necessary, a police force to assist the marshal or chief of police in the discharge of such duties; to prescribe the powers and define the duties of all the officers appointed or elected by the mayor and council, fix their terms of office and compensation; require and

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take from them bonds, when necessary, payable to the city of Bowman in its incorporate name, with such security and with such penalty as the mayor and council may see fit, conditioned for the faithful discharge of their duty; to erect or authorize or prohibit the erection of gasworks or waterworks in said city; to prevent injury to or pollution of the same, or to the same, or to the water or healthfulness of said city; to make such rules and regulations as they may deem proper regulating the running of locomotives or cars, whether run by steam, electricity or other power; to enact ordinances preventing the delivery within the incorporate limits of said city, of wine, beer, whisky, or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances providing for penalty for so doing. Said city is further authorized and empowered to enact ordinances preventing any company, corporation, or person whatsoever from receiving such intoxicants within the corporate limits of said city from any corporation or person whatsoever, and to enact ordinances providing for a penalty for so doing. Said city is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to city of such intoxicants within the incorporate limits of said city and for the disposition of the same by sale or otherwise in the hands of any corporation, company or person whatever. Said city is further authorized and empowered in the exercise of its police powers to provide for and enact any other ordinance looking to the regulation, restriction, suppression, or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said city; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and intrastate shipments as distinguished from shipments from beyond the State and interstate commerce; to regulate and provide for the weighing of hay, coal, and other articles sold, or for sale, in said city, and to provide a revenue for said city, and to appropriate the same to the expenses of said city; to issue bonds as hereinafter provided for; to pass all laws, ordinances and regulations for the protection of the inhabitants of said city against smallpox and other contagious or infectious diseases, and for the care of those who may have such diseases or are suspected of having them. Powers of mayor and council. SEC. 21. Be it further enacted, That said mayor and council shall have power and authority to elect a city marshal, who shall be the chief of police of said city, and as many policemen,

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as in their judgment may seem necessary, a surveyor and engineer, street overseer, attorney, city physician and such other officer or officers as the necessities of the city may demand. They may prescribe the duties of such officers and fix their salaries. The terms of all officers elected by the mayor and council shall expire with the first meeting of the mayor and council in the calendar year next succeeding the said election by said mayor and council; provided, their successors have been elected and qualified. The mayor and council; or mayor pro tem., may appoint such extra policemen as may be necessary in cases of emergency, and such extra policemen shall receive such compensation as may be agreed upon, or as may be fixed by the mayor and council. Either or all of said officers elected by the mayor and council may be dismissed from office at any time by a two-thirds vote of the mayor and council, and all of them shall take oath to faithfully perform the duties of their respective offices, and give such bond and security as may be required of them by the mayor and council. Mayor pro tem. shall be elected by the mayor and council from among their number. Municipal officers. SEC. 22. Be it further enacted, That for the purpose of raising revenues to defray the ordinary expenses incident to the proper support and maintenance of the city government, the said board and council shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city, and which is not exempt by State law, not to exceed one-half of one per cent., but when that amount is deemed insufficient, said mayor and council shall have power and authority to levy an additional tax in the mode and manner prescribed by the Constitution and laws of the State of Georgia. Ad valorem tax. SEC. 23. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city, not to exceed fifteen days in each year, at such time, or times, as the mayor and council may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said mayor and council may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, having received due notice to do so, as said mayor and council may require, shall be deemed guilty of a violation of this section, and on conviction in the

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police court of said city, shall be fined in a sum not exceeding twenty-five dollars, nor less than the amount of street tax so assessed, or imprisonment in the guard-house, or by labor in the chaingang of said city, not exceeding thirty days. Said mayor and council may pass such ordinance as they may deem proper for the purpose of enforcing this section. Street work or commutation tax. SEC. 24. Be it further enacted, That the mayor and council of the city of Bowman shall have power to establish a guard-house and work-gang in said city and to confine at labor there any persons who have been sentenced by the court of said city to work upon the streets, sidewalks or other public works of said city, and shall have power to make all rules and regulations that may seem necessary for the control or government of such work-gangs, and to enforce the same through its proper officers. Guard-house and work-gang. SEC. 25. Be it further enacted, That the mayor and council of said city shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding-houses, cafes, restaurants, saloons for the sale of ice-creams and other ices, etc., livery-stables, feeding-stables, sale-stables and lots, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theatres, and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, peddlers of clocks, stoves, machines or any other article of merchandise whatsoever, itinerant venders of any and all kind or kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public playing, every table, device, stand or place for the performance of any game or play, whether played with sticks, balls, rings, upon flying-horses, or other contrivances, bicycles, velocipedes or skating-rinks; insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business, real estate agents, banks and bankers, brokers and commission merchants of all kinds and dealers in futures, keepers of slaughter-houses, beef markets, green grocers, dealers in fresh oysters or fish, vegetables, fruits, breads and other articles of food; contractors and builders and all machinists 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, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business, trade, profession or calling in said city for which a license is required. Should any person

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engage or continue in any business, trade, profession or calling for which any specific tax or license is required by said city by ordinance and shall fail or refuse to pay the same on demand of the proper authority of said city, he shall be liable to prosecution in the police court of said city and may be fined or imprisoned in the discretion of the court. The provision of this section shall apply to all persons, natural or artificial. Licenses and specific taxes. SEC. 26. Be it further enacted, That the mayor and council shall not have the power and authority to license or authorize persons to sell intoxicating whiskies or liquors or beer of whatever kind, by retail or otherwise, nor shall any person keep for sale any such whisky, brandies, beer or any other intoxicating or alcoholic drink by whatsoever name or names the same may be called. Sale of liquor. SEC. 27. Be it further enacted, That the mayor and council of said city shall have power and authority to make and establish by ordinance a fiscal year from which and to which all licenses shall date. Should any person apply for license in said city for any business for which license is required at any time after the fiscal year has begun, the mayor and council shall have authority to require of such person the same amount as required for license for a whole year, and in no case shall the mayor and council be compelled to prorate the amount of the license for less time than a full year; provided, that no charge in the fiscal year shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year. SEC. 28. Be it further enacted, That the mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due the said city for taxes, licenses, rents, impounding fees, forfeitures, for laying sewers or drains, for cleaning or repairing privies, for abating nuisances, and for any and all levies, assessments, debts and demands due said city. Said execution to be issued by the clerk of said city and to bear test in the name of mayor against the property, person, corporation or firm against which or from whom any such debt or demand is owing: such execution to be directed to all and singular the marshal, deputy marshal and policemen of the city of Bowman, who are authorized to levy the same upon the property against whom it is issued or on the property of the person against whom such execution shall have been issued, and the same shall be sold in the following manner, to wit: The property levied upon shall be sold by the marshal or his deputy at public outcry, under the laws

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

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SEC. 31. Be it further enacted, That the tax-assessors may hear, during the progress of their investigation, such evidence as to the value of property in said city as they may deem advisable. If any person is dissatisfied with the valuation of his or her property as fixed by the assessors, he shall have the right to appeal to the mayor and council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereafter provided for has been mailed by the clerk of said city. Said appeal shall be substantially as follows, to wit: The undersigned being dissatisfied with the action of the city tax-assessors with reference to the valuation of his or her property subject to taxation in said city, comes within ten days from date on which notice of action of said assessors was mailed to him and demands an investigation of the value of said property by the mayor and council of said city. Appeals from tax assessments. (Signature)..... Upon the filing of said appeal with the clerk of said city, it shall be the duty of the mayor to fix a day upon which said hearing will be had and give the appellant five days' notice in writing of said hearing. Notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing said mayor and council shall hear all legal and competent testimony and enter judgment accordingly. The appeal hereinbefore provided for shall be signed by the taxpayer, his agent or attorney at law. SEC. 32. Be it further enacted, That immediately after the report of said assessors is filed with the city clerk it shall be his duty to mail a written or printed notice to each and every person the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the action of the assessors and specifying the property the valuation of which has been increased. Reports of assessors. SEC. 33. Be it further enacted, That the said mayor and council shall have power to prohibit by ordinance the keeping for unlawful sale any amount of whisky, beer or intoxicating drink, by whatever name or names the same may be called; the keeping and maintaining of lewd women or lewd houses; the keeping of any room or rooms for gambling; the having of any whisky, beer or other intoxicating drink for the purpose of sale or giving away on election days; the pursuing of one's ordinary avocation or labor on Sabbath days; the carrying of concealed weapons; from loitering or idling within the jurisdiction of said city, and any and all other offenses, the commission of which in thickly populated cities is more than usually inimical

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to the public welfare. The police authority of said city shall have power and authority to break or enter by force any place or places where whisky or beer or other intoxicating drinks are kept for the purpose of illegal sale, or any places where such things are suspected of being kept, and arrest all parties found therein, and take and hold such whisky, beer or other drinks found there, for the purpose of evidence; they shall also have power and authority to break and enter into by force any house or houses of ill-repute, lewd house or houses suspected of being such, and arrest the inmates and all parties found therein, parties visiting the same, and parties furnishing the inmates of such houses with means of support. The mayor and council shall have power to declare such houses a nuisance and order the same torn down and destroyed when, in their opinion, this is necessary to abate nuisance. The police court of said city shall have jurisdiction to try persons for the commission of any of the said offenses committed within the limits of the police jurisdiction of said city and upon conviction punish offenders as hereinafter provided. Police powers. SEC. 34. Be it further enacted, That there shall be in the city of Bowman a court known as the police court of the city of Bowman, and the same shall have a seal and be a court of record. The jurisdiction of said court shall extend to all offenses herein provided for, together with all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said town. The sessions of said police court shall be held by the mayor, or by the city recorder, in the event that the mayor and council have seen fit to create such office, at such times and at such places in the said city as in the judgment of either may be necessary. Said police court shall have power and jurisdiction to try all offenses against the ordinances of said city, and upon conviction may punish offenders by a fine of not more than two hundred dollars, by confinement in the guard-house or work-gang of said city for a term or not more than thirty days, either or all in the discretion of said police court. Police court. SEC. 35. Be it further enacted, That in no case shall it be necessary for affidavit to be made or warrant to be issued to authorize arrest to be made for violation of any of the ordinances of said city. Arrests SEC. 36. Be it further enacted, That all trials in the police

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court of said city shall be held under and by virtue of an affidavit and warrant which affidavit may be made by any person before the clerk of said city and warrant issued by the presiding officers of said police court; said affidavit and warrant shall be in the form prescribed for criminal warrants and affidavits in the Code of Georgia. Upon aforesaid affidavit warrant shall issue as aforesaid and shall be directed: To all and singular the marshal, deputy marshal or any policeman of the city of Bowman. Upon said affidavit issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed on account of informality any affidavit or warrant, it shall be the duty of the court to order another drawn, and another, until the requirements of the law are met. Trials in police court. SEC. 37. Be it further enacted, That said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise; to issue summonses for witnesses, books, papers, in as full and complete a manner as the justice courts in this State may now do; to punish as for contempt failure to obey its legal summonses; to grant continuances under rules of law; to take bonds and recognizances for appearances at its sessions, and to forfeit the same under the same rules and regulations as are now applicable in like procedure in superior courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court of record; provided, that no fine for contempt shall exceed the sum of fifty dollars ($50.00), or imprisonment in the guard-house for more than twenty days. Powers of police court. SEC. 38. Be it further enacted, That any persons convicted in the police court of said city for a violation of any of the ordinances or by-laws thereof shall have the right of certiorari to the superior court of Elbert county, or he may have the right to appeal to the mayor and council of said city, if the said mayor and council shall see fit by ordinance to provide for such appeal; otherwise certiorari, as aforesaid, shall be the only remedy. In carrying cases from the police court of said city to the superior court of Elbert county by certiorari the same rules shall be observed as are applicable in carrying cases from the county courts in this State to the superior courts. Certiorari and appeal. SEC. 39. Be it further enacted, That the mayor and the council of the city of Bowman may, whenever in their judgment they see fit, create the office of recorder for said city and to elect some upright and intelligent person, reasonably skilled in the law, resident of said city, to perform the duties of that

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office, and to fix his compensation therefor; said recorder may be elected at any time that, in the judgment of the mayor and council, his services may be necessary, and he shall hold office for the term of one year, or until the qualification of the mayor and council following the next city election, and until his successor is elected and qualified. It shall be the duty of the said recorder to preside in the police court of said city in all cases, except when providentially hindered or absent from the city or when he may be disqualified, in which cases the mayor pro tem., or any member of the council may preside; no member of council shall preside when the mayor or mayor pro tem. is present or qualified to preside. Recorder. SEC. 40. Be it further enacted, That the mayor and mayor pro tem., or recorder, of said city shall have, in addition to the jurisdiction of justices of the peace over all, the territory embraced in their jurisdiction as municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of the said city's police jurisdiction, it shall be the duty of the mayor, mayor pro tem., or recorder, as the case may be, after investigation, to commit the offender or offenders to jail or bail to answer to the court having jurisdiction of the offense. Jurisdiction. SEC. 41. Be it further enacted, That the mayor and council of said city shall have power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large in said city limits or regulate the manner in which they must be kept if allowed to remain, and shall have full power and authority to take up and impound any such animal and fowls, and punish all owners of such animals and fowls who refuse to obey an ordinance passed by said mayor and council to carry this authority into effect. Stock law. SEC. 42. Be it further enacted, That in order to give effect to the foregoing sections, said mayor and council shall have authority to establish a pound and to charge the same whenever they see proper; to fix the schedule of charges and penalties to be paid by the owner of such impounded animals or fowls before they are released from the pound; to regulate the mode and manner of sale, or disposition of impounded animals or fowls when no owner appears, or when payment of impounding fees charged, penalties or cost are refused; to provide for the disposition of the proceeds of the sale of impounded animals and to provide for the punishment of all persons who, without authority, break or enter the pound. Pounds.

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SEC. 43. Be it further enacted, That said mayor and council shall have authority, in their discretion, to establish and to put into operation a board of health, and to pass all ordinances and regulations prescribing penalties for violation of the same necessary for the purpose of maintaining such board of health, and providing penalties for such violations, to prevent the spread of any contagious or infectious diseases; also to isolate any person or persons with premises provided by the mayor and council, either within or without the corporate limits of said city; to isolate any person or persons who have been exposed to any contagious or infectious disease during the usual period of incubation of such disease by confining such person or persons during such period within premises provided by the mayor and council, either within or without the corporate limits of the city; provided, that no person shall be isolated who is able and willing to pay the hire of proper persons, to be selected by the mayor and council, to guard the premises on which they are, to prevent ingress and egress to and from such premises during the time in which there is probability of the spread of any contagious, infectious disease from such person or persons. Board of health. SEC. 44. Be it further enacted, That said mayor and council shall have exclusive jurisdiction over all cemeteries belonging to said city. They may elect such employees to superintend the care of the same as they may deem proper. They may make such appropriations out of the city treasury as to them may seem proper for the care of the same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate the charge of grave-digging, hearse-fees and any and every thing pertaining to the care and operation of such cemeteries. They may charge such fees for burial as to them may seem proper, and may enforce collection of such fees in such manner as to them may seem most expedient. Cemeteries. SEC. 45. Be it further enacted, That said mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said city, and they shall have the power to prevent the erection of any building within the corporate limits within said city without the person or persons wishing to build first applying to the mayor and obtaining a special permit; said permit shall specify the kind of building to be erected and the kind of material to be used in its construction and the place where the same shall be erected; this applies to all buildings or structures, however small the cost of erecting

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the same may be or however insignificant the value of the building or structure may be when completed; and whenever in the judgment of the mayor and council, any structure or building is dangerous to the life or the health of the citizens, on proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance, and call on the owner or tenant in possession to immediately abate the same; and in the event the owner or tenant in possession fails or refuses to abate such nuisance within a reasonable time, such time to be determined by mayor and council, then said mayor and council may cause the same to be done and issue execution against said premises for the cost of abating such nuisance. Said mayor and council may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate the same. Building permits. SEC. 46. Be it further ordained, That the mayor and council shall have power to build, maintain and operate, should they see proper, street railways, waterworks, gasworks, electric-light wire, lines or systems; or they shall have the power to grant rights of way to railroads, street railroads, waterworks, gasworks, electric lights, telephone wires or lines, throughout the streets and alleys of said city upon such terms, conditions and restrictions as said mayor and council may prescribe. Said mayor and council shall have power to issue bonds for the purpose of erecting, maintaining and operating any of said public utilities, in the manner hereinafter provided, and whenever said mayor and council shall in the exercise of their authority conferred in this charter find it necessary to take private property for such purposes and they can not agree with the owner or owners thereof as to the compensation to be paid, they may take such private property upon the following terms, to wit: Public utilities. SEC. 47. Said mayor and council shall cause to be served on such owner or owners, or his or their agents, 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. SEC. 48. It shall be the duty of the mayor and council to appoint one freeholder in said city, and the owner or owners of the property sought to be condemned, or his or their agents,

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shall appoint another freeholder; provided, if said owner or owners or his or their agents, shall fail or refuse 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 to the owner or owners of such land, and under their award, which must be signed by at least two of such freeholders. Said award shall then be filed with the city clerk; should the first two freeholders, as above provided for, be unable to agree upon a third, then said mayor and council shall likewise appoint the third freeholder. Damages, how assessed. SEC. 49. Provided, That either party dissatisfied with the award of the assessors may, within four days after the same is filed, enter an appeal to the superior court of Elbert county. The mayor and council may, after payment or tender of payment to the owner or owners, or his or their agents, of the sum found by the assessors, proceed to open, lay out, straighten or otherwise change said street, ward, alley, or lane, pending an appeal by the owner or owners of any land sought to be condemned for such purposes. Appeals. SEC. 50. Be it further enacted, That said mayor and council shall have power and authority, upon recommendation of the board of health, to cause the owner of lots or parcels of land in the city to drain the same, or to drain any pond or pool of water thereon; also, to compel the owner or owners of cellars occasionally holding water to empty the same or fill up if necessary; and in case the owner of such lots or parcels of land shall fail or refuse, after reasonable notice (such notice to be judged of by the mayor and council) to him or his agent, to comply with the requirements of the mayor and council, it shall be lawful for said mayor and council to employ proper persons to perform such service, and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshal or his deputy shall pass title to said property as completely to the purchaser as sale under judgment and execution from the superior courts of this State. Drainage. SEC. 51. Be it further enacted, That said mayor and council shall have authority to establish and maintain such quarantine and other regulations as, in their judgement, may be necessary

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to prevent the introduction or spread of any and all contagious or infectious diseases in said city. Quarantine SEC. 52. Be it further enacted, That said mayor and council shall have power and authority to compel the owners of property, their tenants, or lessees, to grade, pave and otherwise 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 aforesaid in this section to any designated part of the city, or in any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution against said owner or against said property. Sidewalks. SEC. 53. Be it further enacted, That said mayor and council shall have power and authority to establish and create a fire department in said city, provide for the pay and equipment thereof, purchase any necessary apparatus therefor and make all needful regulations for its proper maintenance. Fire department. SEC. 54. Be it further enacted, That said mayor and council shall have power and authority to provide against hazard and damage by fire, and to that end may declare any portion of said city a fire district and define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in said fire district, and may punish, in their discretion, any person violating the provisions of this ordinance in his behalf. Whenever it shall appear that any building, shed or structure of any sort is being erected within said fire district contrary to the ordinances covering such subject, the mayor and council shall have authority to summarily direct the owner of such structure to immediately tear down and remove same or to change the material so as to comply with the ordinances for such cases provided. Should said owner fail or refuse to comply with such order, they may have same summarily removed, and execution shall issue against such owner for expenses so incurred by said city. The owner or person in charge of such structure and so refusing to comply with the order of the mayor and council may likewise be punished as for a misdemeanor under the ordinances of the city. Fire limits. SEC. 55. Be it further enacted, That said mayor and council shall have power to provide for the erection and maintenance in said city or outside of said city limits, of any gasworks, electric-light

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works, and waterworks of parks necessary for public purposes; and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may see proper. They are hereby authorized to contract with individuals or corporations, erecting gas, electric light and waterworks plants for the furnishing of said city with lights and water, and may pay such amount as purchased or rented as they may see proper. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works, and shall have exclusive jurisdiction over them. Whenever said mayor and council shall contract for water or lights for the use of said city, they may by ordinance limit the rates to individual consumers. They may regulate the operation of light or water works, impose upon their owners such duties, obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and municipal government. Water and light. SEC. 56. Be it further enacted, That whenever said city of Bowman 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, although the same may be 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 interest or property to be taken. If the parties can not agree upon the compensation to be paid, the same may be determined as, elsewhere in this charter, is provided for similar cases when the property or other interest is inside the city limits of Bowman. Condemnation of property outside city limits. SEC. 57. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof he may be apprehended wherever he may be found, in this State, and the warrant of the mayor, mayor pro tem., or recorder of said city shall be sufficient authority for his return and trial upon the charge resting, and should any person, after trial and conviction of a violation of an ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the mayor, mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of said city may

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be tried again for such escape and punished not exceeding penalties hereinbefore provided. Fugitives. SEC. 58. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property, his agent or tenant in possession, to provide suitable privy or water-closet accommodations upon such premises as said mayor and council may by ordinance prescribe. Sanitation. SEC. 59. Be it further enacted, That said mayor and council shall have power and authority, by resolution or ordinance, to provide suitable regulations on the subject of drainage, sewerage, and plumbing, and all and everything else that may be necessary for the improving of the sanitary condition of said city. Said mayor and council are authorized to lay down sewerage through private property in said city or outside of the corporate limits of said city if such be necessary to the public welfare; provided, that before so doing they shall regularly condemn such private property by the method hereinbefore laid down for the taking of property by the city. Drainage, sewerage, etc. SEC. 60. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of said city in such sums and at such times as they shall see proper, not to exceed in the aggregate at any time, the sum of fifty thousand ($50,000) dollars, and of such denominations and in such amount as they may see fit; said bonds not to bear interest at a rate in excess of five per centum per annum, and to run for a greater period than thirty years from their date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the mayor and council. Said bonds to be issued, hypothecated and sold for the purpose of establishing, maintaining and operating a system of waterworks, a system of sanitary sewerage, a crematory, a system of street railways, a system of public schools and the erection and furnishing the necessary buildings for such school, and for street paving. Said bonds shall be signed by the mayor and countersigned by the clerk under the corporate seal of the city, and shall be negotiated in such a manner as said mayor and council may determine to be for the best interests of the city; provided, however, that said bonds shall not be issued for the above said purposes until the same shall have been submitted to a vote of the qualified voters of said city, and approved by two-thirds majority of the qualified voters of said city voting at such election. Municipal bonds. SEC. 61. Be it further enacted, That whenever it is deemed

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expedient by the mayor and council, they shall order an election to be held in said city for the purpose of determining whether or not there shall be an issue of bonds for any of the purposes hereinbefore provided, of which election there shall be given thirty days' notice by a publication in the leading paper published in the city of Bowman or, if there is no regular publication of a paper in the said city, in the organ in which legal advertisements of Elbert county are published, and also by publishing a written or printed notice in three public and conspicuous places in said city, stating the day of election, the amount of bonds to be issued, for what purpose they are to be issued, what rate of interest they are to bear, whether interest is to be paid annually or semi-annually, how much of principal and interest are to be paid annually, and when bonds shall be finally paid off. Said election shall be held on the day published in said notice, at such place as may be determined by the mayor and council, which place must be designated in the notice of said election and shall be held by the same person and in the same manner and under the same rules and regulations as those for mayor and council; the same qualification of voters of said election shall be required at said election for mayor and council. That the ballots cast at said election shall contain the words For bonds or Against bonds, and unless For bonds shall receive a two-thirds majority of all the voters voting at said election; said bonds shall not be issued, but if For bonds shall receive a two-thirds majority said bonds may be issued. Election for bonds. SEC. 62. Be it further enacted, That the mayor and council shall have power and authority to levy and collect annually, in addition to that already provided for in this charter, a tax not exceeding one-half of one per cent. on all taxable property of said city for the purpose of establishing and maintaining a system of public schools in the said city, said fund not to be used for any other purpose; but before said public school system shall be adopted, it shall be submitted to the qualified voters of the city, for which purpose the mayor and council are authorized, whenever they may deem it expedient, to order an election, of which thirty days' notice shall be given in a newspaper published in said city, or in the event of no such being published, said notice shall appear in the county organ of Elbert county, in which appears the legal advertisements of said county from time to time; and likewise notice of said election shall be given by three written or printed notices posted in three public and conspicuous places in said city, which election shall be held under the same

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rules and regulations as are elections for mayor and council in said city, and the qualifications of the voters shall be the same. Those favoring a public school system shall have written or printed on their ballots the words For public schools; those opposed to public schools shall have written or printed on their ballots the words Against public schools, and if two-thirds of the ballots cast in such election be For public schools, this section and those following on the same subject shall immediately become operative in said city. Should the election provided for in this section be against public schools the mayor and council shall not call another election for the same purpose until a year has elapsed, but said mayor and council may call another election, and as many elections as may be necessary, such elections being at least one year apart, until this section is adopted. School tax, election for public schools. SEC. 63. Be it further enacted, That should a system of public schools be established in said city, as provided for in the preceding section, the mayor and council shall elect not less than three nor more than five qualified citizens of said city to constitute a board of education of said city. The mayor or any member of the council eligible as a member of said board of education. The said board of education shall be elected annually on the first meeting night in January, and shall hold their office till their successors are elected and qualified, except that the said board of education may, at their first election, be elected as soon after the adoption of a system of public schools as practicable, said board of education to hold office until the succeeding first meeting night in January as above provided. Board of education. SEC. 64. Be it further enacted, That said board of education provided for in the preceding section shall have power to design and adopt a system of public schools for said city, to appoint or elect a superintendent or teachers; to fix compensation of superintendents and teachers; to provide schoolhouses by rent, building, purchase or otherwise, but the title of all school property shall be and remain in the city of Bowman; 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 for colored children by such board, and no colored child shall be admitted into any school established by said board for white children. All children who are entitled to the benefits of public schools under the laws of this State, and whose parents, guardians or natural protectors bona fide residing within the corporate limits of said city, shall be admitted in these schools

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upon payment of such incidental fee only as said board may deem necessary. Children of non-residents and such others as may be entitled to the benefits of these schools shall be admitted upon such terms as may be prescribed by said board of education not in conflict with the laws of this State; that when said public school system has been adopted in said city it shall be the duty of said board of education to have prepared and to furnish the 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 of each year, a list or census of pupils residing in said city entitled to the school fund, in which shall be included those pupils residing outside of the city but who attend the city school. And it shall be the duty of the State School Commissioner to pay to the clerk and treasurer of the city of Bowman such portion of the public school fund as its number of pupils, as above defined, entitles it to. Powers of board of education. SEC. 65. Be it further enacted, That when said public school system is adopted the board of education of said city shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year, and shall lay the same before the mayor and council, who shall be required to levy and collect the same, and the amount so levied and collected shall be used for no other purpose, and shall be paid only on the order of said board of education. School tax SEC. 66. Be it further enacted, That after said public school system shall have been adopted by the city of Bowman the educational authorities of Elbert county shall not grant any license to or contract with any person or persons to teach any school of any character in said city, nor shall any of the State school fund be paid to any school in said city other than the public school contemplated by this Act, after it shall have been adopted. Other schools. SEC. 67. Be it further enacted, That the mayor and council of said city shall have power and authority to grade, pave, macadamize, cover or otherwise improve the streets and sidewalks, squares, public roads, lanes or alleys in said city with rock, brick, asphalt or such other material as in the judgment of the mayor and council is most economical and durable. In order to carry into effect the above, said mayor and council shall have the power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary on the real estate abutting on such street or sidewalks. Said mayor and

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council shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side-drains, crossings, or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and one-third on the real estate on the other side of the street so improved. The real estate abutting on the street shall not pay more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company or other railroad having tracks running through or across the streets of said city shall be required to pave or macadamize or otherwise improve streets in such proportion as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessments against all real estate for the above purposes as to them seem just and proper, estimating the total cost of each improvement made and prorating the cost thereon on the real estate according to its frontage on the street or portion of the street so improved or according to the area of said property, either or all, as may be determined by ordinance passed for that purpose. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessments. The mayor and council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate improved and assessed for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policeman of said city on such real estate, and after advertising and other proceedings, as in case of tax sale, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal, policeman acting for him, shall have authority to eject occupants and put purchaser in possession; provided, the owner of such real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, together with all cost, shall be paid before the affidavit shall be received and the affidavit shall be returned to the superior court of Elbert and there tried and the issue determined, as in cases of illegality filed for the purposes of delay only. The mayor and council shall have power and authority to pave and contract to pave the

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whole surface of the streets, without giving any railroad or street railroad company or other property-holder occupant of the street the option of having the space to be paved by themselves or by contract at his or her instance, the object being to prevent delay and secure uniformity. The lien for assessments on abutting and on street railroads and other railroad companies for street or sidewalk paving, curbing, macadamizing, grading or draining shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the work in each instance. Said mayor and council shall have power and authority to prescribe by ordinance such other rules as they, in their discretion, think necessary to grade, pave, drain, macadamize or curb the streets, sidewalks and alleys of said city and to collect the cost thereof by execution against the adjacent property owners and railroad companies or other occupants of the street or alleys of said city. Streets, etc SEC. 68. Be it further enacted, That said mayor and council shall have full power and authority to acquire, on behalf of the city of Bowman by gift, purchase or otherwise grounds suitable for such park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have power and authority to improve and keep up the same, and to that end may appoint such officers and employees as in their judgment may be necessary, and compensate them therefor. They shall have the right to draw on the ordinary expense fund of said city for said purposes, or upon any other fund not otherwise appropriated according to law. Parks. SEC. 69. Be it further enacted, That said mayor and council shall have power and authority, whenever in their judgment they may see fit, to secure for said city one or more deep wells in said city for the purpose of supplying the city with a plentiful supply of good, wholesome water, and to this end they may contract with such party or parties as they may see fit. For the said purpose they may draw on the ordinary funds of the city or upon any other fund not otherwise appropriated according to law. Water. SEC. 70. Be it further enacted, That should the mayor and council determine, in accordance with the provision hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have power and authority in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax not to exceed one per centum per annum sufficient to pay off said bonds, with all interest and charges on the same within the

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period which said bonds have to run, and it shall be the duty of said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay the same. Tax to pay bonds. SEC. 71. Be it further enacted, That any officer of the said corporation of the city of Bowman who may be sued for any act or thing done in his official capacity may be justified under this charter, and that the provision of this charter may be pleaded and shall be a full defense to any action brought against the mayor and council of said city, or either of them, for any act or acts done by them, or either of them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Protection of officers. SEC. 72. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. BOYNTON, INCORPORATED. No. 214. An Act to incorporate the town of Boynton, in the county of Catoosa, to define the limits thereof; to appoint a mayor and councilmen therefor, and to provide for the election of their successors; to grant powers and privileges to the same; to provide for working public roads in said town; to provide a system of public schools for said town; to provide a levy of taxes to meet the expenses of the town and school system, and 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 Boynton, in the county of Catoosa, be, and the same is, hereby incorporated as a town, under the name of the town of Boynton. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of mayor and council of the town of Boynton they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Boynton, town of incorporated. SEC. 2. Be it further enacted, That the corporate limits of said

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town shall be as follows: One-half of one mile in all directions from the Odd Fellows' Hall, in said town, making said corporate limits a circle one mile in diameter, with said hall in the center thereof. SEC. 3. Be it further enacted, That Hon. M. W. Murphy be, and he is, hereby appointed mayor of said town until his successor is elected, and that J. T. Carlock, J. C. Williams, J. C. Osburn, J. R. Huskey and J. J. Stroup be, and they are, hereby appointed councilmen of said town of Boynton, to hold their office until first annual election as hereinafter provided. SEC. 4. Be it further enacted, That on the first Monday in January, 1908, and every two years thereafter on the same date an election shall be held in the council chamber of said town for a mayor and five councilmen, who shall hold their offices for two years, and until their successors are elected and qualified; but none shall vote, or be eligible to the office of mayor and councilmen thereof who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for officers in this State and a certificate of the managers shall be sufficient authority to the persons elected to enter into the discharge of the duties of the offices to which they have been elected. In the event that the office of mayor, or any member of the board of councilmen shall become vacant by death, resignation or removal, or other cause, the mayor, or in case his seat is vacant, the majority of the councilmen shall order a new election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act. SEC. 5. Be it further enacted, That before entering on the discharge of their duties the mayor and councilmen shall subscribe to an oath to faithfully discharge such duties as shall devolve upon them as officials of the town of Boynton. SEC. 6. Be it further enacted, That the mayor and councilmen shall have the power to levy and collect an ad valorem tax not exceeding fifty one-hundredths (50/100) of one per cent. upon all property, real and personal, within the corporate limits of said town, and the same may be enforced by execution issued by the clerk in the name of the mayor, and by sale of property, as in sales of property liable to State and county taxes; all levies of tax execution to be made by the marshal or his deputy and to be conducted as sales by the sheriff in counties in this State in the case of levy of tax executions. They shall have power to require all persons within said corporation who are subject to

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road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of work upon the streets. Ad valorem tax. Street work or commutation tax. SEC. 7. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the councilmen from their own number), shall be the chief executive officer of said town; he shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said town, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous or disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guard-house of said town, or by work on the streets of said town, not to exceed thirty days. Executive powers of mayor. SEC. 8. Be it further enacted, That said mayor and council shall elect a marshal, also a clerk and treasurer, who may be one of their own members. From these officers a bond shall be taken in such sums as the council may require, to be approved by the mayor, conditioned for the faithful performance of their duties. They shall also take and subscribe an oath before said mayor that they and each of them will well and faithfully discharge their several duties to the best of their ability. Marshal, clerk and treasurer. SEC. 9. Be it further enacted, That the clerk and marshal may receive such annual salaries as may be deemed just and proper; the mayor and councilmen shall be exempt from street tax during the continuance of their official term. Salaries. SEC. 10. Be it further enacted, That said mayor and councilmen shall have power and authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, pool and billiard tables, wheels of fortune, and other like enterprises as they may deem most to the interest of said town. Specific taxes. SEC. 11. Be it further enacted, That the mayor and council of said town shall provide by ordinances such rules and regulations as to them may be proper in order to establish and maintain a system of free schools in said town of Boynton; that taxes levied under section 7 of this Act be used for school purposes. Free schools. SEC. 12. Be it further enacted, That the school commissioner of the county of Catoosa is hereby authorized and required to pay over to the trustees of the Boynton school system the proportion

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of the common school fund arising from any source, belonging to said town, to be estimated by the board of education of said town upon any plans which the board may adopt in distributing the public fund to the schools of the county; said funds to be used by said trustees in the maintenance of a free school in pursuance with this Act and as authorized and directed by the Constitution and laws of this State. Pro rata share of public school fund SEC. 13. Be it further enacted, That the county school commissioner and the school trustees of Boynton shall enter into an agreement upon terms on which children living out of town within reach of the Boynton school may enter said school and the county school commissioner to pay to said town trustees the common school fund, which said non-resident children are entitled to. Non-resident children. SEC. 14. Be it further enacted, That it shall be the duty of the ordinary of Catoosa county to order an election in the town of Boynton within twenty days after the approval of this Act, to ascertain the desire of the qualified voters of said town in reference to the establishing of a free school system as provided for in the foregoing section of this Act. All persons voting at said election shall have written or printed on their ballots, For free schools, or Against free schools, and if the question shall be decided affirmatively by a two-thirds majority this Act shall become operative, and the mayor and council shall proceed to establish said school in accordance with the same. Election for free schools 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 22, 1907. BRASWELL, CHARTER AMENDED. No. 239. An Act to amend an Act entitled an Act approved December 13, 1895, to incorporate the town of Braswell, in the counties of Polk and Paulding, to define the limits of said town, to provide for the election of mayor and aldermen, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by authority of the same, That from and after the passage of this Act, the town of Braswell, in the counties of Polk and Paulding, shall be a corporate town, the corporate limits of which shall extend from the Rockmart and Dallas highway at a point where Church street now leaves said road and the corporate line runs eastward as now marked out, just north of C. W. Robinson's barn and dwelling house, crossing county line on blackjack tree marked by county line and crossing public road south of L. M. Minor's residence, and following road along the south side to land lot line on the east side of lot of land No. 915, eighteenth district, third section of Paulding county. Then south along land lot line to the southeast corner of land lot 958, eighteenth district, third section, then southwest diagonally across lot No. 987 and 988 to southwest corner of lot No. 988, then west along land line on south side of 989 to the road from Braswell to divide on Seaboard railroad, then running west of north by northwest corner of cemetery to public road where Church street leaves road at starting point. Braswell; corporate limits. SEC. 2. Be it enacted by the authority aforesaid, That a mayor and three aldermen shall be elected on the third Tuesday in January in each and every year; if they fail to do so, they may hold an election any time after that by advertising at two or more places five days before election for that purpose. That R. H. O'Neal, present mayor, be and is, hereby appointed mayor; that J. W. West, J. K. Hulsey, S. E. Hayes, W. E. Taut, L. E. Elsbery be, and are hereby appointed to hold their office until the third Tuesday in January, 1908, and after, until their successors are elected and qualified. Election of mayor and aldermen. SEC. 3. Be it further enacted by the authority aforesaid, That the said mayor and aldermen of said town of Braswell, shall have all the powers and privileges and authorities given in section 774 to 797 (b) of the Code of Georgia, 1882, except as herein changed and modified. The mayor and aldermen shall have no power to grant any license to sell spirituous, malt, vinous or intoxicating liquors of any kind. Powers of mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall take the oath of office within ten days from the date of said election, at the council chamber in said town, before the mayor or justice of the peace, or any other officer authorized to administer oaths, and shall at their first meeting or as soon thereafter as possible, elect a clerk, a treasurer, a marshal and such other officers as may be necessary and fix

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their compensation, the amount of their bonds and prescribe their powers and duties. Oath, other officers. SEC. 5. Be it further enacted, That all elections held under this charter shall be held at the town council rooms in Braswell or such other place as the mayor may designate; that the polls at every such election shall be opened at 9 o'clock a. m. and closed at 4 o'clock p. m.; that they shall keep two tally-sheets and two lists of voters, one tally-sheet and one list of voters and all the tickets shall be sealed by managers and sent to the clerk of the court at Dallas, Georgia, or may be sent to the clerk of court at Cedartown, Georgia, and kept by said clerk thirty days, then burnt without examination, unless he be notified of a contest. And that the clerk of council keep the other tally sheet and list of voters, also, thirty days, and that the clerk of council shall place the result of every election on his book. Elections, how held. SEC. 6. Be it further enacted, That any person voting at any such election, not qualified to register, shall be guilty of a misdemeanor and, on conviction before the superior court of either Polk or Paulding counties, shall be punished as prescribed in the Penal Code of Georgia, 1895, section 1039. Illegal voting. SEC. 7. Be it further enacted, That no person shall be eligible to office of mayor or alderman of Braswell who is not twenty-one years of age, and has lived in the corporation one year preceding his election and shall have paid all State, county and city taxes due and has been fully registered in the county in which he lives, and no voter who has not been a resident for six months preceding the election and has paid all State, county and municipal taxes required of him and is registered on the county registration book, shall be eligible to vote. Qualifications of officers and voters. SEC. 8. Be it further enacted, That said mayor and council shall have full power and control of the streets or alleys and sidewalks of Braswell; and shall have power and authority to open, lay out, widen, straighten, close or vacate, curb, pave, macadamize, any place and keep in good repair, or otherwise change all streets, sidewalks, alleys and squares in said city; that said mayor and council are authorized to condemn property which may be needed for said purposes in the judgment of the mayor and council; that they may put any street on the original survey without condemnation where it is proven, the condemnation proceedings to conform to the laws of the State authorizing and regulating the condemnation of private properties for public uses, and also the mayor and council shall have power to condemn any building that becomes decayed so as to be unsafe;

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they may require it repaired or torn away or recovered so as to be more safe about fire. Streets, etc SEC. 9. Be it further enacted, That the mayor and council of Braswell shall have power and authority to establish police rules and regulations; to pass all laws and ordinances not in conflict with the Constitution and laws of the State of Georgia, which tend to provide the safety, health, good order, morality and general welfare of the inhabitants of Braswell. General powers of mayor and council. SEC. 10. Be it further enacted, That the mayor be the chief executive of the mayor and council of Braswell; he shall see that all laws, ordinances, regulations and rules of the city are faithfully executed and enforced. He shall have the general jurisdiction of the affairs of the city; he shall preside at all meetings of mayor and council, or in his absence the mayor pro tem. shall preside. Executive powers of mayor. SEC. 11. Be it further enacted, That there shall be a court for the trial of all offenders against the laws or ordinances of the city to be held by the mayor, and in his absence or disqualification, the mayor pro tem; said court shall have the power to preserve order and compel attendance of witnesses; to punish for contempt by imprisonment not to exceed five days or fine not exceeding twenty-five ($25.00) dollars, one or both, or may be bound over to the superior court, according to termination of trial. Said mayor's court shall have full power and authority, upon conviction, to sentence such offender to labor upon the streets or other piece of public work not to exceed ten days, or confined in city prison not to exceed ten days, or all of said penalties may be imposed, in the discretion of the mayor. If there is an appeal to mayor and council, it shall be in four days after judgment is entered, the defendant paying all costs and giving bond in such sum as the mayor may fix for his personal appearance and to abide the final judgment in said case. Mayor's court. SEC. 12. Be it further enacted, That the mayor and each councilman shall be bound to keep the peace and shall be ex officio justice of the peace, so as to enable them to issue warrants for the violation of the criminal laws of the State, committed within the city of Braswell, and shall have full power, on examination, to commit offenders to jail, or compel them, if the offense be bailable, to appear before the court having jurisdiction. Warrants to arrest. SEC. 13. Be it further enacted, That for the purpose of raising revenue for the support and maintenance for the city government, the mayor and council of Braswell shall have full power

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and authority and may prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real estate and personal property within the corporate limits of said city, to defray ordinary annual expenses of the city government, a tax not to exceed one-half of one per cent, per annum. Ad valorem tax. SEC. 14. Be it further enacted, That the treasurer shall make a quarterly statement to the mayor, of all money collected, from what source, and how much paid out, and what for, and said statement must agree with the orders on file, from the mayor to clerk of council. Said clerk shall keep said orders in a book for that purpose. Reports of treasurer. SEC. 15. Be it further enacted, That the mayor and council of Braswell shall have power and authority to require every male inhabitant of said city, who is subject to road duty under the laws of this State, to work such lengths of time on streets of said city as such mayor and council shall, by ordinance, direct, or, they may prescribe a commutation tax to be paid by such person in lieu of such work; and they shall have power and authority to enforce obedience to their laws and ordinances under this section, by fine and imprisonment, or either, and no tax paid in lieu of such work, or any money arising from fines or forfeitures for failure to perform such work, shall be used for any purpose except in payment for work done or improvements put on streets or sidewalks. Street work or commutation tax. SEC. 16. Be it further enacted, That the mayor and council of Braswell shall have power to enforce, by execution, the collection of any debt, demand, or any amount due or to become due to it, such execution to be issued by the clerk, against the person, corporation or firms by whom any such debt may be due or may become due, which execution may be levied by marshal on the property of the owner against whom such execution shall issue, and the same sold as provided by Code of 1895, section 732, 733, 734 and 735 for municipal sales for taxes. Collection of taxes, etc. SEC. 17. Be it further enacted, That it shall not be lawful for any person holding any office in said city, whether by election or appointment, to be interested either directly or indirectly, in any contract to which said city is a party; and any contract made in violation of this section shall be void as against said city and any officer violating this provision shall be dismissed from office. Illegal contracts. SEC. 18. Be it further enacted, That no money to be paid out of treasury, except by order of clerk of council. Said order must state what the money is paid out for; said clerk shall not issue

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any check to treasury for money until ordered by mayor in writing to issue check for money to be paid out, stating also what it is for. Money drawn from treasury otherwise is unlawful, and all parties to the Act shall be indictable before the grand jury as the law of the State may direct. Orders on treasury. SEC. 19. Be it further enacted, That any and all ordinances, rules and regulations now of force in said city of Braswell and not inconsistent with this Act shall be and remain in full force and effect, until altered, amended or repealed by said mayor and council. Existing laws. SEC. 20. Be it further enacted, That the mayor and council shall have the right to tax any show, circus, or any slight-of-hand, magic lantern, or any other devices, such as flying-jennies, or any other such thing by whatever name or nature it may be, and further, the mayor and council shall have the right to license restaurants, pool tables or any other such things that may hereinafter be set up, but shall not allow any game of chance or any kind of gambling. Specific taxes 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 22, 1907. BREMEN, CHARTER AMENDED. No. 244. An Act to amend an Act entitled an Act to incorporate the city of Bremen, in Haralson county, Georgia, so as to authorize and empower the mayor and council of said city to levy a tax if necessary of one and one-half per cent., ad valorem; to amend said charter further so as to allow the mayor and council of said city to pay the marshal of said city, the treasurer and clerk of said city such amount for their services as they may deem proper and, also to provide the election by said mayor and council of a board of registrars of said city; to allow said mayor and council to prescribe rules and regulations governing the registration of voters; to provide for the qualification of voters in said city; also, to authorize and empower the mayor and council of said city to provide for the establishment and maintenance of a public school system in said city, and authorize the levying of taxes for the support

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of the same; also to authorize and empower the mayor and council of said city to provide for the establishment and maintenance of a system of waterworks and lighting plant for said city and to provide for and call elections for the issuing of bonds for the establishment of waterworks and lighting plant, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That the Act entitled an Act to incorporate the town of Bremen, adopted December 30, 1898, and all Acts amendatory thereof be, and the same are, hereby amended so that section 14 of said Act or charter of said city of Bremen read as follows: Bremen. SEC. 14. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the city of Bremen and the public school system therein the mayor and councilmen of said city are hereby authorized to prescribe 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 to defray the ordinary annual expenses and school expenses of said city, said tax not to exceed one and one-half per cent. Ad valorem tax. SEC. 2. Be it further enacted by the authority aforesaid, That section 13 of the said charter of the city of Bremen be, and the same is, hereby amended so that said section 13 of said city of Bremen shall read as follows: Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the city of Bremen shall have the right to elect a clerk of said board, and also a treasurer for the city of Bremen, which clerk and treasurer may or may not be selected from the board of councilmen at the discretion of said board, and the said board of mayor and councilmen shall elect a marshal or marshals for said city, and shall fix the compensation for the said secretary, treasurer and marshal and shall require bond and security for the faithful discharge of their duties. Clerk, treasurer and marshal. SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall within sixty days after their election and qualification elect three men who shall be citizens and qualified voters in said city to be known as a board of registrars whose duty it shall be to make up at least five days before each and every election in said city a list of all qualified voters in said city and to furnish the same to the managers

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of each and every election to be held in said city twenty-four hours before the polls open for any election in said city. List of voters. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city may by proper ordinance prescribe rules and regulations governing the registration of all voters in said city. As soon as practicable after this Act is adopted the mayor and councilmen of said city shall elect a board of registrars for the balance of this year. Registration of voters. SEC. 5. Be it further enacted by the authority aforesaid, That all persons residing within said city of Bremen who are qualified under the laws of Georgia to vote for members of the General Assembly of the State of Georgia are hereby declared to be legal and qualified voters in all elections of any kind whatsoever in said city of Bremen, and all persons prohibited from voting for members of the General Assembly under the laws of the State of Georgia are hereby prohibited from voting in any election of any kind in said city of Bremen. Qualified voters. SEC. 6. Be it further enacted by the authority aforesaid that the mayor and council of the city of Bremen are hereby authorized and empowered and authority is granted the said municipal corporation of the city of Bremen to establish, support, maintain and control a system of public schools in said city, which shall be provided for by local taxation in conformity with article 8, section 4, paragraph 1 of the Constitution of this State, but no such local law shall take effect until the same shall have been submitted to a vote of the qualified voters of said municipal corporation, and approved by a two-thirds vote of the qualified voters voting at said election. System of public schools. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and city council of said city 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, or at three public places, 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 election all persons qualified to vote for mayor and councilmen of said city shall be qualified to vote. Said election to be held, conducted and managed in all particulars as other elections are required to be held, conducted and managed, under the provisions of this charter, and the laws and Constitution of the State of Georgia. The electors at such election shall write or have written or have printed on their ballot For local taxation or Against local taxation, and in the event that the necessary majority be in favor of local taxation

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for public schools, then the provisions provided for in this Act 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 purposes at any time, provided a period of at least six months shall intervene between each election. Election for local taxation for school. SEC. 8. 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 Bremen board of education, with the right 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 three members to be elected by the people under the same rules and regulations as are and shall be provided for holding other elections in said city. The first board of education shall be voted for and elected at the time that the people in said city shall vote on the question as to whether or not local taxation for public schools shall be adopted in said city, and after said election said board of education shall decide among themselves and in the manner they may adopt, which one of said members so elected shall hold office for the term of three years, and which one shall hold office for a term of two years, and which one shall hold office for the remaining part of the present year, or for one year if said local taxation should not be adopted during the present year, and after said first election at each and every election for mayor and councilmen one member of the board of education shall be elected who shall hold his office for three years, unless he may resign, or be removed for cause as herein specified, and until their successors are elected and qualified. All vacancies on the board of education shall be filled by the mayor and council for the unexpired term. Before entering upon the discharge of their duties they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No person shall be eligible to membership upon said board except such persons as would be eligible to election to the office of councilmen 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. 9. Be it further enacted by the authority aforesaid, That

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the officers of said board of education shall be a chairman, a secretary and treasurer. 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 the treasurer shall give bond in such sum as may be fixed by the mayor and council of said city, to faithfully account for all moneys coming into his hands as such officer, which said bond shall be made payable to the city of Bremen, and the said city of Bremen is hereby empowered to bring suit and maintain the same upon said bond in any of the courts of this State for any breach of said bond by the treasurer, and the proceeds of said suit shall be applied to the public schools of said city. Said treasurer shall pay out no moneys except by orders of the board; the term of the office of treasurer shall be for a period of one year and until his successors are elected and qualified. The terms of the chairman and secretary shall be for such time as may be prescribed by the board of education. The members of the board of education are eligible to the office of secretary and treasurer of said board. Organization of board. SEC. 10. 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 as soon as said public school shall be adopted by said city of Bremen as hereinbefore provided 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 Bremen. Powers of board. SEC. 11. 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 once every ninety days in regular session, and at such other times as they may deem proper for the best interests of said school system of said city, and which minutes and other books shall be subject to the inspection of the mayor and council of said city, or any other person of said city, and it is hereby made the duty of the mayor and council of said city to audit the books of the treasurer of said board of education and to count the funds on hand in the hands of said treasurer at least once every six

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months. Said board shall supervise, regulate and make efficient said school system; shall select and employ teachers for said school; they shall fix the school terms and the time of beginning and closing of said school; said board shall have the right to remove or suspend such teachers when 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; they shall fix 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 school as they may deem fit and proper; they may provide suitable apparatus, furniture and appliances of every kind for the use of said school and do any and all other Acts which they may deem best to promote the best educational interests of said city, not in conflict with the State laws. Duties and liabilities of board SEC. 12. 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 or to said city for school purposes, for the benefit of the schools of said city. Control of school property. SEC. 13. Be it further enacted by the authority aforesaid, That said board shall, out of any funds going into their hands, provide schoolhouses by renting, leasing, purchasing or building suitable buildings, and shall properly furnish the same for school purposes. The titles of all such property shall be in the corporation of the city of Bremen. School-houses. SEC. 14. 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 school and of all expenditures made by them. These accounts shall be at all times open to the inspection of the mayor and council of Bremen, or any citizen of said city. The members of said board shall personally be liable to the corporation of Bremen for all moneys paid to said board for the use of said public school, and by them appropriated and paid out for any other person. Duties and liabilities of board. SEC. 15. Be it further enacted by the authority aforesaid, That said board shall annually make, through its treasurer, a report to the mayor of said city, 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

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school for the ensuing year, and a like report shall be furnished at any time by said board to said mayor and council when so requested. Reports of board. SEC. 16. Be it further enacted by the authority aforesaid, That no officer of said board shall have any compensation for his services except the treasurer, whose compensation shall be fixed by the board of education prior to his election and qualification. Compensation of officers. SEC. 17. Be it further enacted by the authority aforesaid, That the office of secretary and treasurer may be held and filled by one person if the board of education shall so direct. Secretary and treasurer. SEC. 18. Be it further enacted by the authority aforesaid, That if the election provided for in this amendment to said charter shall be in favor of local taxation for public schools, then the mayor and city council of the city of Bremen shall be authorized and empowered to assess, levy, and collect a tax on all the taxable property of every kind whatever in said city which together with the ad valorem tax assessed for other purposes in said city shall not exceed one and one-half per cent., the amount of which school tax shall always be specified in the ordinance levying the same, which said school tax shall be used solely and exclusively for the purpose of establishing and maintaining said school, which tax for school purposes shall not exceed one-half of one per cent. for each and every year. School tax. SEC. 19. 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 shall be entitled to the benefits of said school, 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, 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 term; 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 fee. Tuition. SEC. 20. Be it further enacted by the authority aforesaid, That said board of education shall determine as early as practicable in each year what amount of money will be necessary to be raised by taxation to defray the expenses of said public school for the ensuring year, and shall submit such finding in writing to the mayor and city council, and when the taxes for such purpose are levied and collected the collecting officer of said city

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shall pay over the same to the treasurer of said board of education. Said taxes shall be collected and assessed as other taxes of said city are. Said taxes to be paid out under order of said board under such regulations and requirements as they shall provide. School tax, how assessed and levied. SEC. 21. Be it further enacted by the authority aforesaid, That the county school commissioner of Haralson county shall turn over to the treasurer of the board of education of said city of Bremen the pro rata part of the school fund of Haralson county so due to the public schools of the city of Bremen. Pro rata share of county school fund SEC. 22. 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 Bremen kept separate and distinct from other assessments and collections of said city, and are to be used solely for the purposes 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 for what purposes and the disposition of the same; to whom, when and for what purposes paid out. School fund SEC. 23. Be it further enacted by the authority aforesaid, That on failure of any member of said board of education to perform his duties faithfully as such or for improper, immoral or illegal conduct, or other just and legal cause, said mayor and council of said city shall have a right to remove any member of the board of education. Board members removable. SEC. 24. Be it enacted by the authority aforesaid, That the mayor and council of the city of Bremen 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 Haralson, to bore wells, erect dams 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 land by sections 4657 to 4686, inclusive, of the Code of the State of Georgia, and shall be authorized to supply all persons in said city or

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contiguous thereto with water, and to make charges for the same, and generally shall be empowered to do all things as may be necessary, expedient or proper to carry into effect the purpose of this section. Waterworks. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Bremen shall be and are empowered and authorized to purchase, lease, construct, equip, operate, maintain or dispose of all 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. Lights. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said city whenever they deem it proper and expedient call an election for the issuing of bonds for the establishing of either a waterworks system, as above specified, or a lighting plant as above specified, said election to be held and said bonds to be issued under the provisions of the general law of force in this State as is provided for and set out in sections 377, 378, 379 and 380 of the Political Code of 1895, and all amendments made thereto by the Legislature of this State. Elections for waterworks and for lights. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and council of the said city shall not erect, establish, build, operate or maintain a waterworks system or lighting plant in said city until the question of the building or operating of the same has been submitted to the qualified voters of said city under the rules and regulations and qualifications of holding elections and voting as herein prescribed, in which if a majority of the votes cast at such election shall be in favor of establishing a waterworks system or lighting plant, as set out and specified in sections 24 and 25 of this Act, then said mayor and council shall proceed to establish said waterworks system, or lighting plant, according to the specification set out in said sections. Authority to build waterworks and lighting plant. SEC. 28. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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BRINSON, INCORPORATED. No. 295. An Act to incorporate the town of Brinson, in Decatur county; to provide for the election of a mayor and council of said town; to define the corporate limits of said town; to provide for a system of revenue by taxation or otherwise, and for other purposes therein contained. SECTION 1. 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 Brinson, in the county of Decatur, be, and the same is, hereby incorporated as a town under the name of the town of Brinson. Brinson, town of incorporated. SEC. 2. Be it further enacted by the authority of the same, That the corporate limits of said town shall be as follows: Commencing at the center of lot of land number 251 and running due north across lot of land number 250 to the center of lot number 249, thence due west to Spring creek, thence down said creek to a point due west of the starting point, and thence east to point of starting; all of said lots of land being in the 27th district of said county. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the town of Brinson, and by the name and sytle shall have perpetual succession, with the power to make and enforce such ordinances and by-laws for municipal purposes as may be deemed proper, not in conflict with charter of said town, nor the Constitution and laws of this State, nor the United States; and with the power in and by the said corporate name to contract and to be contracted, with, to sue and be sued, to plead and be impleaded in all the courts of this State, and be able in the law, to purchase, hold, receive, enjoy, receive and retain for the use and benefit of the said town of Brinson any property, real or personal, for any term of years within or without the corporate limits of said town for corporate purposes, and to have and use a common seal. Mayor and councilmen corporate powers. SEC. 4. Be it further enacted, That Simeon Brinson be, and is hereby, appointed mayor, and that J. D. Murphy, H. M. Graham, R. L. Z. Bridges and R. B. Webster are hereby appointed councilmen of said town to hold office until the first regular

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election, as hereinafter provided for, and until their successors are elected and qualified; that said mayor and councilmen shall meet as soon after the passage of this Act as practicable for the purpose of organizing the government of said town, and that said mayor and councilmen, before entering upon the discharge of their duties, shall take and subscribe to the oath hereinafter provided for the said mayor and councilmen of said town; that the first election under this charter, for a mayor and four councilmen, shall be held on the first Wednesday in January, 1908, and annually thereafter on the same date there shall be held in the said town of Brinson an election to fill said offices, and the persons so elected shall hold their offices until their successors are elected and qualified; that at the first election all persons who have resided within the corporate limits of said town for ninety days prior to said election, and who would be entitled to vote for members of the General Assembly of this State, shall be qualified voters; and that at all subsequent elections all persons who have been bona fide residents of said town for ninety days and who would be entitled to vote for members of the General Assembly of this State, who, before registering as hereinafter required, have paid taxes of every description required of him, shall be qualified electors. Mayor and councilmen named Election of successors. SEC. 5. Be it further enacted, That such election shall be conducted under the management of a justice of the peace and two freeholders, who are not candidates in said election; or 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 of said State are conducted. The polls at such elections shall open at 9 a.m. and close at 3 p.m. After the first election under this charter the mayor and councilmen shall appoint annually two freeholders and a justice of the peace, or any three freeholders, who are not candidates in such election and electors of said town, to conduct such election. The managers, each before proceeding with such election, shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or a justice of the peace to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is justly entitled to do so according to the charter of the town, nor knowingly prohibit any one from voting who is entitled to do so, and we will not knowingly divulge for whom any vote is cast, unless we are

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called upon to do so under the law; so help us God. Said affidavit shall be signed by each manager or superintendent in the capacity in which he acts. Said oath shall be made and subscribed by each manager in the presence of others. The managers of said elections shall issue a certificate of the election to each of the persons so elected not later than two 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 the qualification hereinafter provided. Election managers SEC. 6. Be it further enacted, That in the event that the office of mayor shall become vacant, or any vacancy shall occur among the councilmen by death or any other cause, the mayor or if that office is vacant, the mayor pro tem., or the councilmen if both of said offices shall be vacant, shall order an election to fill such vacancy or vacancies, of which election at least ten days' notice shall be given by posting said notice in three public places in said town; that all the electors or voters, who voted or registered at the last regular election 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 certificates of election, shall make and subscribe the following oath before any person authorized to administer oaths: I do solemnly swear that I will faithfully discharge all of the duties upon me as mayor, or councilman (as the case may be), of the town of Brinson during my continuance in office to the best of my ability and understanding; so help me God. Said oaths shall be entered upon the records of said town. Any person elected as mayor or councilman failing to qualify within five days after said election, except for providential cause, his office shall be declared vacant by the town council, and vacancy filled as herein provided. 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 among the councilmen, who shall perform all duties and exercise all the powers of the mayor when, for any cause, the mayor is absent or disqualified. They shall elect a clerk, treasurer, marshal and such other officers as they deem necessary, fix their fees and salaries, take their bonds and prescribe their duties; all of said officers shall hold their offices for one year, or until their successors are elected and qualified; provided, that any of said officers may be removed from office by the mayor and councilmen for neglect of duty, incapacity, or malfeasance in

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office; all of said officers shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge my duties as an officer of the town of Brinson to the best of my ability and understanding; so help me God; which said oath shall be entered on the records of said town. Mayor pro tem and other 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 sell property levied upon after advertising same in accordance with the law governing sheriff's sale in this State; to have the same power to make deeds and place the purchaser in possession as the sheriffs of this State have. No person shall be eligible to the office of marshal unless he shall have resided in said town ninety days immediately preceding his election; that before entering upon his duties as regular marshal he shall give such bond as the mayor and town council may see fit to prescribe. Marshal. SEC. 10. Be it further enacted, That the clerk of said town council shall keep a book to be labeled Registration book of the town of Brinson in which he shall register upon application the names of all such persons as are entitled to vote at elections held in said town, and who shall take 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 Decatur county six months, and that on the first Wednesday in January next I will have been a bona fide resident of Brinson ninety 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 election, when said book shall be closed. Clerk. SEC. 11. Be it further enacted, That any person voting at any election at said town who is not qualified to vote according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039 of the Penal Code of 1895 of this State. Illegal voting. SEC. 12. Be it further enacted, That no person shall be eligible to the office of mayor or councilman of said town unless he is twenty-one years of age, a citizen of the United States and the State of Georgia, and shall have resided in the town of Brinson one year previous to the election. Qualifications of mayor and councilmen SEC. 13. Be it further enacted, That the mayor and councilmen shall be relieved of their street tax as their compensation,

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and shall have authority and power to fix salary of clerk and marshal. Salaries. SEC. 14. Be it further enacted, That the mayor and councilmen shall have the power to make and pass all ordinances, by-laws, rules and regulations which may be necessary for the good government, peace and health of said town, and to enforce the same; provided, they are not in conflict with the laws and Constitution of the State of Georgia nor the United States. General powers. SEC. 15. Be it further enacted, That for the purpose of raising revenue for the support and maintaining of the government, the mayor and town council of Brinson shall have full power and authority, and shall prescribe by ordinance for the assessment, levy and collection of ad valorem tax on real and personal property within the corporate limits of said town, to defray the annual expenses of said town government, said tax not to exceed two mills. Ad valorem tax. SEC. 16. Be it further enacted, That said mayor and councilmen shall have the power and authority to supervise and revise the returns of both real and personal property, and to double the return of all persons failing or refusing to return their property. Tax returns SEC. 17. Be it further enacted, That the mayor and council shall have the power and authority to license, regulate and control all hotels, restaurants, boarding-houses, livery-stables, livery and sale stables not doing a livery business, hacks, drays and all other vehicles, itinerant traders, shows of all kinds except for charitable purposes, circuses, and exhibitions of all kinds not charitable, itinerant lightning-rod dealers, itinerant dealers in jewelry, peddlers of all kinds, and all other traveling itinerant venders of articles, goods, wares and merchandise of every kind and nature, flying-horses, merry-go-rounds, bicycle-shops, brokers and agents of any other business whatever, dealers in fish, beef-markets and all other establishments, business or avocation not hretofore mentioned, and which under the laws and Constitution of the State of Georgia are subject to license. Licenses. SEC. 18. Be it further enacted, That the sale of spirituous, or intoxicating, or malt liquors, or lager beer, or other fermented drinks, or bitters, or commercial ciders, or domestic wines not of their own manufacture, or liquors of any kind, or patent medicine of whatever kind or name which when drunk to excess will produce intoxication be, and are, hereby forever prohibited within the corporate limits of the town of Brinson, and in order to carry out the spirit and effect of this section, that the mayor and

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council of said town shall have the power and are hereby authorized to enter any place of business where it is suspected that any part or parts of this section are being violated, and to have any drink that is there being sold or offered for sale analyzed to ascertain whether or not said drink will intoxicate when drunk to excess. Sale of liquor. SEC. 19. Be it further enacted, That section 18 of this Act shall never be altered, amended or repealed, nor shall any clause or part of said section 18 ever be altered, amended, or repealed, except by the unanimous petition of all the freeholders residing within the corporate limits of said town. Permanent prohibition. SEC. 20. Be it further enacted, That there shall be a lien upon all the 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 same are assessed and 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 for the enforcement of liens of county taxes, or in such manner as the mayor and council may provide and direct. Collection of taxes, etc. SEC. 21. Be it further enacted, That the mayor and council of Brinson shall have power and authority to levy and collect a street tax in addition to the other taxes herein provided for, this street 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 of Georgia; provided, that said person so taxed shall have an opportunity to work on the streets, and may 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 the work to be under the supervision of the marshal. Any person or persons refusing to pay said tax, or to work the streets in lieu thereof may, after five days' notice, be sentenced by the mayor to work on said streets in charge of the marshal not to exceed thirty days, or be imprisoned by sentence of mayor not to exceed thirty days. Fifteen days continuous residence in the incorporate limits of said town shall be sufficient to constitute one a resident of said town, so as to subject him to a liability to pay said tax. The said mayor and council shall have power, and it is hereby made lawful for them to place any surplus revenue collected under this section in the general fund of said town. Street work or commutation tax. SEC. 22. Be it further enacted, That the mayor and council shall have the power and authority to pass and enforce any ordinances

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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 streets, one or more of said punishments; provided, said fines shall not exceed fifty dollars, and said imprisonment shall not exceed sixty days. Police powers. SEC. 23. Be it further enacted, That the mayor shall be chief executive officer of said town; he shall have the power to appoint special police when in his judgment there appears to be a necessity for such appointment, and shall have full control of the same; to 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 him to the guardhouse or county jail; he shall have power, and is hereby authorized, to issue executions for all penalties and cost imposed by him. Police powers of mayor. SEC. 24. Be it further enacted, That the mayor and council shall have exclusive control of the streets and alleys of said town, and shall have the power and authority to force any person obstructing the streets or alleys to remove such obstructions at his or her expense, and to declare and abate all nuisances. Streets, etc. SEC. 25. Be it further enacted, That there shall be a mayor's court in said town for the trial of all offenders against the by-laws, ordinances and charter of said town, to be held by the mayor in the council chamber as often as it is necessary. In the absence or disqualification of the mayor, then the mayor pro tem. who shall have been chosen shall hold said court; and in the absence both of the mayor and mayor pro tem., any of the councilmen may hold said court, being hereby given the same right, power and authority as the mayor. Mayor's court. SEC. 26. Be it further enacted, That any person convicted in mayor's court shall have the right, upon the payment of whatever cost has accrued, to appeal to the full board of councilmen within two days, upon giving bond to be fixed by the mayor or acting mayor, and the right is hereby given any person to certiorari from the decision of said board to the superior court of said county, as now provided by law, upon compliance with the laws relative to certioraries to said superior court. Appeal and certiorari. SEC. 27. Be it further enacted, That said mayor and council shall have full power and authority to provide by ordinance for the forfeiture of all bonds for appearance before the mayor's court. Forfeiture of bonds. SEC. 28. Be it further enacted, That the mayor and council shall have full power to regulate their own meetings, and pass

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such rules and by-laws for the conduct of the business of the town, pending before the body, as they may deem proper; and to make such parliamentary rules for the government of the body as to insure the proper enforcement of the provisions of this charter. Meetings of council. SEC. 29. Be it further enacted, That it shall be the duty of the marshal of said town to arrest, or to 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 the county jail to await trial, and he is hereby given power to summon a posse to his aid when necessary; to execute all processes and orders of said town and to discharge any other duties imposed upon him by the by-laws and ordinances of said town. Duties of marshal. SEC. 30. Be it further enacted, That said mayor and council shall meet as soon after the passage and approval of this Act as practicable, elect such officers as it is incumbent upon them to elect, pass their by-laws and ordinances, and do all other things necessary to put the government of said town in operation; to procure such books as will be necessary to keep a clear and distinct record of all their acts and doings, such as a minute book, tax digest, and all other books necessary for any purpose in connection with the government of said town. Organization of council. SEC. 31. 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 22, 1907. BUSHNELL, INCORPORATED. No. 293. An Act to establish a charter for the town of Bushnell, located in Coffee 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

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inhabitants of the territory hereinafter defined as the corporate limits of said town of Bushnell be, and are, incorporated under the name of the town of Bushnell, 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 Bushnell may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and make and exact 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 Bushnell 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, hereditaments of every kind, 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. Bushnell, town of incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Being in the form of a circle and situated one mile in all directions from the Atlanta, Birmingham and Atlantic depot in said town; said town corporation being circular in form, two miles in diameter, and said depot being in the center of said corporation. 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 Bushnell, and who shall hold their respective offices for one year, or until their successors are elected and qualified. Mayor and councilmen SEC. 4. Be it further enacted, That until an election shall be held for the purpose of electing, and at which a mayor and five councilmen shall be elected, Jesse Daves shall be mayor, and W. H. Dailey, G. L. Bush, L. B. McEwen, J. Ames Smith and Allen Carver 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 councilmen of said town will have under the laws of this State. Mayor and councilmen named. SEC. 5. At the first regular meeting of the mayor and councilmen in each year they shall elect one of their number mayor

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pro tem., whose term of office shall be for one year, and if a vacancy occurs it shall be filled by the mayor and councilmen 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. 6. Be it further enacted, That on the first Tuesday of December, 1907, and annually thereafter on the same day, an election be held in said town, at such place therein as may be fixed by the mayor and councilmen for a mayor and five councilmen thereof. Should there, for cause, 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. Each of said managers shall take and subscribe before some officer qualified to administer an 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 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 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. 7. 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

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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 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 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 Bushnell 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 such elections shall be guilty of a misdemeanor and, on conviction thereof, shall be punished as is prescribed in the laws of Georgia. Voters SEC. 8. 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. Qualifications of mayor and councilmen SEC. 9. Be it further enacted, That within five days of 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 Bushnell 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. 10. 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

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shall be eligible to hold at the same time the office 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. Other officers. SEC. 11. 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 for a future time. Meetings of mayor and councilmen SEC. 12. 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, 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 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. General powers. SEC. 13. Be it further enacted, That before any ordinance shall become a law it shall be read at two separate meetings of the mayor and council; provided, that an ordinance may be passed at its first reading by unanimous consent of the mayor and council. Ordinances how passed.

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SEC. 14. Be it further enacted, That said mayor and council shall have the superintendence and control of the streets, the parks and cemeteries of said town, and may prohibit or remove all obstructions of or encroachments thereon or interference therewith. They are invested with power to open and lay out new 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 46, 57 et seq., Civil Code of 1895, prescribing the mode of 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. 15. Be it further enacted, That the mayor shall be the chief executive of the town of Bushnell. 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. SEC. 16. 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 Bushnell 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

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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. 17. Be it further enacted, That the mayor, or mayor pro tem., when presiding over the mayor's court, or 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 guardhouse not exceeding thirty days. Punitive powers of mayor. SEC. 18. 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, summonses, 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 Bushnell, and shall be served by such or by any police officer of said town, except where otherwise specially provided. Witnesses. SEC. 19. 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 said town. Criminal jurisdiction of mayor. SEC. 20. 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 grand jury of Coffee county, and on conviction be punished as for a misdemeanor. Malpractice.

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SEC. 21. 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 the same manner as the place was originally filled. Officers removable. SEC. 22. Be it further enacted, That said mayor and council may levy and collect for town purposes and uses a tax not to exceed one dollar 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 hereafter be 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. Ad valorem tax. SEC. 23. 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 and authority to tax, license, regulate and control all show-houses, livery-stables, hacks, 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 such occupations without having first obtained license and paid the tax therefor. Specific taxes. SEC. 24. 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 person so subject to work on the streets shall have the right to relieve themselves of said work by paying a commutation tax, which

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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 paid at such time 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 or commutation tax. SEC. 25. 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. issued for State and county taxes. Collection of taxes, etc. SEC. 26. 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 liquor in said town. Sale of liquor. SEC. 27. 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 November in each year, which book shall be kept open until four o'clock p.m. of the first day of December thereafter, and then close. Registration book. SEC. 28. 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 swear that you have attained the age of twenty-one years, or will attain it on or before the next election of mayor and council of the town of Bushnell, that you have resided in this State for one year last past, and in the town of Bushnell 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 Bushnell; so help you God. Registration of voters. SEC. 29. 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. Publication of list of registered voters. SEC. 30. Be it further enacted, That the clerk of the council shall also furnish the managers of said election of the town of Bushnell 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

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said managers shall allow no person to vote who has not registered. Election managers SEC. 31. 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 Bushnell 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 be subject to a fine of not less than one hundred dollars. Arrests without warrant. SEC. 32. 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 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. SEC. 33. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. CADWELL, INCORPORATED. No. 253. An Act to incorporate the town of Cadwell, 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 the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Cadwell, in the county of Laurens, be, and the same is, hereby incorporated under the name of the town of Cadwell; that the

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municipal government of the town of Cadwell shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the town of Cadwell, and by that name and style shall have perpetual succession, and shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and their successors for the use of the town of Cadwell 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 Cadwell: All of land lots No. 11 and No. 20 in the seventeenth (17th) land district of Laurens county, Georgia. Caldwell, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That J. W. Warren be, and he is, hereby appointed mayor of said town, and James Burch, Joe Etheridge, C. C. Cadwell and Ed. Walden 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 1909, and until their successors are elected and qualified. The above named officers to enter upon the discharge of their duties upon their taking oath well and truly to administer the affairs of their said office, immediately upon the passage of this Act. Mayor and councilmen named. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in said town at such place as the mayor of said town shall direct and designate on the first Monday in January, 1909, and on the first Monday in January in every two years thereafter, for a mayor and four 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 notice 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 managers of said election shall issue a certificate of election to the officers elected at said election, who shall take an oath to well and truly discharge the duties of the offices. Election of successors. SEC. 4. Be it further enacted by the authority aforesaid, That the sale of liquor within the incorporate limits of said town is hereby prohibited. Sale of liquor. SEC. 5. Be it further enacted by the authority aforesaid, That

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the mayor and council of said town of Cadwell 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 to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may require; and for this purpose may condemn and take private property when the same is necessary, under the same rules and regulations that the counties of this State may condemn and take private property for public use; 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 butcherpens, 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 on unenclosed premises; and the said mayor and council shall also have entire and absolute control and jurisdiction of all soil pipes, private drains and sewers, water-closets and privy-vaults and dry wells in said town, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town; and with power also to require changes in or the total discontinuance of any such contrivances and structures already in existence, or that may hereafter be allowed, and to compel the owners of property to convey the

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water from housetops by means of guttering, or otherwise, to sewerage pipes; provided, said sewerage pipes are laid within fifteen feet of building required to be guttered. Powers of mayor and council. SEC. 6. Be it further enacted, That said mayor may hold police courts, try offenders for violation of the ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not to exceed fifty dollars, imprisonment not to exceed thirty days, and any one or more of these punishments may be ordered, in the discretion of said mayor. And, when sitting as a court, said mayor may fine for contempt not exceeding ten dollars or imprisonment for five days for such contempt. From all decisions of said mayor imposing punishments or penalties for violations of such ordinances, rules and regulations there may be an appeal for the mayor and council upon such terms as may be prescribed by said mayor and council. 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 this State, and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their 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 service as may be required in connection with said office, fix the compensation of such assessor and require a bond for the faithful performance of his duties; provided, that nothing in this Act shall disqualify one person from holding the offices of clerk, treasurer and assessor at the same time. Other 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

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right to appeal from said assessment to the mayor and council; provided, said appeal shall be made within ten days after the returns of said assessor, or assessors, shall have been made to said mayor and council. Appeals from tax assessments. SEC. 10. Be it further enacted, That said mayor and council may choose from their own number a mayor pro tempore, who shall in the absence, sickness or disqualification of the mayor, and in the case of the absence, sickness or disqualification of the mayor pro tempore, a majority of the council 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. Compensaof mayor and councilmen. SEC. 12. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said town, subject by law to road duty, to work on the streets and walks of said town not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons not to exceed five dollars. Street work or commutation tax. SEC. 13. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. General powers. SEC. 14. Be it further enacted, That all of the powers and duties contained in sections 696, 697, 698, 699, 700, 701, 702, 703, 704, and 705 of the Code of 1895, volume 1, are hereby adopted and made a part of this Act. Statutory powers. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. CALHOUN, CHARTER AMENDED. No. 41. An Act to amend the charter of the town of Calhoun, in the county of Gordon and State of Georgia. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by the authority of the same, That after the passage of this Act all of the lands and tenements within the boundary line below described shall be incorporated into the town of Calhoun, viz.: First, to start at the original incorporate limits on the south side of Calhoun, at a point where the west side of the right of way of the Western and Atlantic Railroad crosses it, thence south along the west side of said right of way to a point west of the southwest corner of Curtis addition to Calhoun, thence east along the south line of said addition to a point fifty feet east of the southeast corner of the Curtis addition, thence north, parallel with the original land lines, through the lands owned by Mrs. T. H. Sherman and J. W. Harbin and to the original incorporate limits of Calhoun, thence west along said limits to starting point. Calhoun, 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 13, 1907. CAMILLA, NEW CHARTER. No. 96. An Act to create a new charter for the city of Camilla, 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 Camilla, in Mitchell county, is hereby incorporated as, and declared to be, one of the cities of this State. Camilla, new charter for. SEC. 2. Be it further enacted, That the municipal government of the city of Camilla shall be vested in a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of The City of Camilla, and by that name and style shall have perpetual succession; shall have a common seal, and be capable in law and in equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors for the use of the city of Camilla, any estate or estates, real or personal, of whatsoever kind or nature, and shall, by the said name of The City of Camilla, be capable to sue and be sued, plead and be impleaded in any court of law or equity of this

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State, and shall succeed to all the rights and liabilities of the present corporation of the city of Camilla. Corporate name and powers. SEC. 3. Be it further enacted, That the limits of the city of Camilla shall be extended so as to embrace all territory within a radius of one mile from the county court-house in said city, the center of the court-house where it now stands being the center of the circle increasing the boundaries of the territory of the city of Camilla. Corporate limits. SEC. 4. Be it further enacted, That on the first Wednesday in December, 1907, there shall be held in said city an election for a mayor and six aldermen for said city, who shall hold office for the term of two years, and until their successors are elected and qualified. Said mayor and aldermen shall begin their terms of office on the first Monday in January succeeding their election. Election shall be held every two years after the one herein provided for, and all officers elected threat shall hold office for said term of two years and until their successors are elected and qualified. The mayor and aldermen in office under the present city government shall continue to serve under this Act until the end of the terms for which they were respectively elected. Election for mayor and aldermen. 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 Camilla 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 city of Camilla. Existing laws. SEC. 6. Be it further enacted, That the laws now of force prescribing the qualification of voters in elections of said city, registration of voters therein, and the manner of conducting and holding elections in said city, are hereby re-enacted and made applicable to the city of Camilla, together with such changes and additions as are herein made. Voters. SEC. 7. Be it further enacted, That all laws of force in regard to the public schools of said city are hereby re-enacted and made applicable to the city of Camilla, together with such changes and additions as are herein made. Public schools. SEC. 8. Be it further enacted, That the ordinances of the corporation of the town of Camilla and the city of Camilla now in force shall be, and are hereby, made the ordinances of the city of Camilla, and shall be enforceable as such until changed or repealed by the mayor and aldermen of said city. Existing ordinances. SEC. 9. Be it further enacted, That the aldermen of said city

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shall elect from their number a mayor pro tem., who shall have the same authority in all matters as are given the mayor whenever the mayor, for any reason, can not, or will not, act. Mayor pro tem. SEC. 10. Be it further enacted, That the persons elected as mayor and aldermen shall attend on the first Monday after the election at the council chamber for the purpose of qualifying and taking the oath of office. That the mayor and each alderman so elected shall take and subscribe before some officer authorized to administer same the following oath: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor (or alderman, as the case may be), by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the city of Camilla, and the common interest thereof; so help me God. They shall then immediately enter upon the discharge of their duties of their respective offices. Organization. SEC. 11. Be it further enacted, That in case of vacancy among the members of the board of aldermen, either by death, resignation, failure to elect, removal from office, removal from city, or for any other reason, the board of aldermen shall themselves elect some qualified citizen of said city to fill said vacancy; and the person receiving the majority of votes of said board of aldermen shall be declared elected, and the mayor shall vote in case of a tie. In case of the death of the mayor, his resignation, removal from office, removal from city, or for any other reason said office shall become vacant, the board of aldermen shall order an election by the qualified voters of said city to fill the vacancy, in which case ten days' notice of the date of said election shall be given in some public gazette of said city. Vacancies. SEC. 12. Be it further enacted, That no person shall be eligible as mayor unless he be of the age of twenty-one years, and shall have been a resident of said city at least two years immediately preceding the election, and that no person shall be eligible as alderman unless he be at least twenty-one years of age and shall have been a resident of said city at least one year immediately preceding the election. Qualifications of mayor and aldermen. SEC. 13. Be it further enacted, That the mayor and aldermen shall constitute the legislative department of the city government; that the mayor shall be the presiding officer of the legislative department, and the chief executive officer. It shall be the duty of the mayor to see that the laws of the State and the ordinances of the city are faithfully executed within the limits of the territory over which the city government extends. He shall

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keep the board of aldermen advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He may call the board of aldermen together at any time when deemed necessary by him. The mayor when presiding over the legislative department of the city government shall vote only in case of a tie. Legislative department Duties of mayor. SEC. 14. Be it further enacted, That the salary of the mayor shall be prescribed by ordinance, and shall not be increased nor diminished during his term of office. Salary of mayor. SEC. 15. Be it further enacted, That in case the mayor or any alderman while in office shall be guilty of any malpractice, any willful neglect in office, or abuse of the powers confided to him, he shall be subject to be indicted in the superior court of Mitchell county, and on conviction shall be fined in a sum not exceeding $100.00, and shall be removed from office. The said fine may be collected by execution, and shall be paid to the city treasurer for the use of the city. Malpractice. SEC. 16. Be it further enacted, That the following municipal officers shall be elected by the mayor and aldermen at the first meeting after the regular city election, to wit: A chief of police, city clerk and chief of fire department. These officers shall be elected for the term of two years, and until their successors are elected and qualified; shall perform such duties, and shall receive such compensation as may be prescribed by ordinance; provided, that their salaries shall not be changed during their terms of office; provided, said mayor and aldermen shall not elect any of said officers from amongst their own number. Municipal officers. SEC. 17. Be it further enacted, That the mayor and aldermen shall also have power to elect such other officers and agents as may de deemed necessary for the good government of said city, and for the purpose of operating any of the institutions, properties and enterprises belonging to said city; and to prescribe the duties, and to fix the compensations of said officers and agents. Other officers and agents. SEC. 18. Be it further enacted, That all officers and agents elected by the mayor and aldermen shall be at all times subject to the jurisdiction of the same, and amenable to their discipline, and 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. Discipline.

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SEC. 19. Be it further enacted, That the mayor and aldermen may require such oath from the officers and agents of said city and such bond to indemnify the city from loss by reason of their default, as may by ordinance be prescribed. Bond and oath of officers. SEC. 20. Be it further enacted, That the mayor shall be the presiding officer in the police court of said city, and shall have power to try all offenders against the laws and ordinances of said city and to inflict such penalties as may be prescribed therefor. Said court shall have the power to punish for contempt in a sum not to exceed $50.00, or imprisonment not to exceed thirty days, either or both in its discretion, and shall have the power to enforce the same by execution and attachment. The presiding officer of said court shall have the power to bind over any defendant on trial before him, who shall appear, by the evidence, to be guilty of a State offense. In case of the absence or disability of the mayor, or in case of a vacancy in said office, the mayor pro tem., or in his absence any member of the council, shall preside. The mayor and aldermen of the city shall have the power to prescribe the rules of procedure in said police court, fix the cost therein. Police court SEC. 21. Be it further enacted, That the city of Camilla 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 said city, not to exceed the constitutional limits; levy and collect a specific or occupation tax on all business, occupations, professions, callings or trades exercised within the city as may be deemed just and proper, not to exceed $100.00 for each business or occupation, and by ordinance to classify said business; to fix a license on theatrical exhibitions, circuses and shows of all kinds, on the sale of spirituous, malt or intoxicating liquors, on drays and hacks, hotels and boarding-houses, restaurants, fish-stands, billiard, pool and other kinds of tables, tenpin and bowling alleys, butcher-shops, livery-stables, auctioneers, and upon all other classes or kinds of business legitimately coming within the police powers of the city. Corporate powers, taxation. (2) To provide by ordinance for the return or assessment or both, of all real or 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 have the power to enforce the same by an execution issued by the clerk, directed to the chief of police, and bearing test in the name

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of the mayor, and sales thereunder shall be had as prescribed in sections 732, 733, 734 and 735 of the Political Code of 1895. Tax returns and assessments. (3) To provide by ordinance for the registration of all business occupations that are subject to a specific or licensed tax, and the time when same shall be due; to provide penalties for engaging in same without first registering and paying the tax, and shall have the power in their discretion to enforce the collection of same by execution, as in the previous section provided. Licenses. (4) To levy and collect a street tax upon each male inhabitant of the city between the ages of sixteen and fifty years exclusive; provided, such tax shall not exceed the sum of $6.00 per annum for each person, and such person may satisfy the same by working six days on the streets under the direction of the municipal authorities. In case of failure so to work, or to pay tax, said city may enforce the same by execution or by compulsory labor on the streets, at its discretion. Street work or tax. (5) To try all nuisances within the city, and to abate the same; to define what shall constitute a nuisance likely to endanger the health of the city, or any part thereof, to be abated in a summary manner; to charge expenses for abating the same against the person causing the nuisance, or the owner of the premises upon 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, in which noxious odors may become dangerous and injurious, or offensive to the public, or any part thereof; to license same only in such localities as may be least offensive to the public, and 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 the same to be moved or remedied as safety from fire may dictate; to create fire limits, to increase 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 public places of public gatherings, and to require the erection of fire escapes in all buildings not private residences, three or more stories in height. Fire limits. (8) To regulate and control all hotels and public houses within the city. (9) To take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinances as may be

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deemed necessary for the regulation of stock and other animals within the city. Stock law. (10) To require the owners of lots to drain same; to fill up excavations or depressions; to drain cellars and cisterns; and fill up same if necessary, and upon failure to do so after reasonable notice, to have same done at owner's expense, and to enforce the collection of the amount so expended by an execution against said property on which said work was done. Drainage. (11) To regulate all vehicles of every kind or character used in the city for profit in the transportation of passengers, freights, or both; to provide for the inspection of same, and fix the rates of fare and carriage thereon. Transportation. (12) To have exclusive regulation and control of barrooms and saloons; to fix the license to be required of same in their discretion; to refuse a license of same and to revoke the license of same when it shall become proper or necessary in their judgment. Saloons. (13) To lay off, vacate, close, open and alter streets and alleys in the city; to prohibit any one from opening or laying out any new street or alley; to regulate the width of the sidewalks, and to pave, repave or repair the pavement of the same at the expense of the owners of the adjoining property, and against the owners of the same, enforcing the said payment of said cost by execution against the said adjoining property, and against the owner of the same, which shall be issued and levied as executions for taxes, and sales thereunder and all the incidents of purchase and redemption shall be the same as if said sale was had for taxes; also to lay off and construct cross-walks, drains and gutters, and to keep the same in good order and repair. Streets. (14) To grade, pave, macadamize, or otherwise improve for travel or drainage of any of the streets of said city, or any portion of a street. Streets. (15) To construct or extend sewers in any of the streets or alleys of said city or any territory thereof; to assess such part of the costs of same on the real estate abutting on the street or alley on which may be extended, according to frontage, as may be just and reasonable, and to enforce the payment of the same by execution against the abutting real estate and the owner thereof in the same manner as an execution for taxes. Sewerage. (16) To grant encroachments upon the streets or alleys of the city on such terms and in such manner as may be by ordinance prescribed. Encroachments. (17) To remove, or cause to be removed, all obstructions

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upon the streets, alleys or sidewalks of the city, to require all persons before building upon or improving any real estate, to make application to the mayor and aldermen for a permit, and application for a permit showing the kind and character of the structure or improvement to be made. Building permits. (19) To regulate all machinery, including stationary and locomotive engines within the city, and to make all such needful rules and regulations for same, as will guard the citizens or any portion thereof against annoyance by unnecessary volumes of smoke, and disagreeable and unnecessary noises. Machinery. (20) To establish markets and regulate the same; fix the hours of sale therein, prohibit the sale of marketable commodities elsewhere in the city, and pass all ordinances that may be deemed necessary and proper to control and regulate marketing within the city. Markets. (22) To institute all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of and generations of infections and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which may be fixed by ordinance. Sanitation. (23) To prohibit the renting or keeping of any house as a bawdy house, disorderly house, or house of ill-fame, and to prescribe penalties for a violation of said prohibition. Disorderly houses. (24) To own, use and operate for municipal purposes, and for profit, a system of waterworks and electric lights; to make rules and regulations regarding the use of the same by the public, and to provide by ordinance for the punishment of those who illegally use said water or light. Water and lights. (25) To pass all ordinances that may be deemed requisite and proper for the peace, security, welfare, health and convenience of the city or its inhabitants. (27) In addition to the powers herein enumerated, and the powers which have heretofore been conferred upon said municipality, and which are not in conflict with those herein granted, the said city shall have additional power which may be necessary for the good government of said city, the welfare of its citizens, and which can constitutionally be conferred upon said city. General welfare. (28) To acquire by purchase or otherwise, own and equip ice-plants and cold-storage plants, in connection with waterworks system of said city or otherwise, and to do and perform all acts in connection with ownership and operation of and conduct of

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same, ordinarily incident to the operation and conduct of the same, and to issue bonds of said city, for the purpose of acquiring, owning, and equipping or operating said plants. Ice and storage plants. (29) To acquire by purchase or otherwise, own, equip and operate telephone systems in said city, and to do all necessary and proper acts in connection with the operating and conduct of the same, and to issue bonds of said city for the payment and maintenance of the same. Telephone system. (30) To designate a depository or depositories for all city funds, and to require indemnity bond from such depository or depositories in the sum fixed by council. Depositories. (31) To create a board of water and light commissioners to have such powers over the operation and control of the city's water and light system as may be by ordinance conferred on such board. Water and light commissioners. SEC. 22. Be it further enacted, That the 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 purpose. Condemnation of buildings. SEC. 23. Be it further enacted, That said mayor and aldermen shall have the power to condemn for corporate purposes, all classes of property, whether private or public or quasi-public; and to fix the method of procedure in exercising such power, and to pay such damages to the owner of said property as may be just and reasonable. Condemnation of property. SEC. 24. Be it further enacted, That neither the mayor nor any alderman shall be interested in any contract made with the city during his term of office. Illegal contracts. SEC. 25. Be it further enacted, That the recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the facts so recited in any court of this State, and shall be taken as prima facie true. Tax deeds. SEC. 26. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to adopt a code of ordinances, and to amend and repeal the same, or any part thereof. Municipal code. SEC. 27. Be it further enacted, That the mayor and aldermen of said city shall not grant any exclusive public franchise to any person or corporation, without the consent and ratification of two-thirds of the qualified voters of said city at an election to be called for said purpose. Franchises

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SEC. 28. Be it further enacted, That the members of the board of trustees of the Camilla high school shall not be eligible for the office of mayor or alderman of said city of Camilla while holding the office of member of the board of trustees of the said Camilla high school. Trustees of high school. SEC. 29. Be it further enacted, That the mayor or mayor pro tem., or any mayor acting as mayor for said city in the police court hereinbefore created shall have full power and authority to forfeit or escheat a criminal bond or recognizance given by defendant for appearance at the said court to answer charges preferred against them within the said municipality, just as fully and amply and completely as the superior or city courts of this State are now authorized to forfeit criminal bonds and recognizances for appearance in their respective courts, and said mayor acting as judge of the police court of said city of Camilla shall have power and authority to order and issue executions. Appearance bonds. 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 19, 1907. CARLTON, ISSUE OF SCHOOL BONDS. No. 159. An Act authorizing and empowering the town council of the town of Carlton, Georgia, to create a debt for said town by issuing bonds not to exceed five thousand ($5,000) dollars for the purpose of erecting and furnishing a suitable school building for said town of Carlton, and purchase a suitable site on which to erect the same; to provide for all payments of the principal and interest when due by levying a tax therefor; to provide for the selection of trustees to take charge of the same; also to provide for an election to ratify the provisions of this act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same. That the councilmen of the town of Carlton, Georgia, shall provide for an election to be held in said town of Carlton, Georgia, for the adoptions of the provisions of this act; provided, the notice of the

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intention to hold said election has been given as required by section 377 of the Code of Georgia, 1895, volume 1. Carlton. Said election shall be held and returns thereof made in the same manner as elections are held for councilmen of said town, and the qualifications of the voters at said election shall be the same as required by law for the election of councilmen for said town. All persons voting at said election shall have written or printed on their ballots the words For issuing bonds, or the words Against issuing bonds, and if it shall appear to the councilmen of said town that two-thirds of the qualified voters residing in said town have voted For issuing bonds, the said councilmen are hereby authorized to issue bonds, provide for the payment of the same upon the conditions, and for all purposes hereinafter provided. In case two-thirds of the qualified voters of said town do not vote For issuing bonds in any election held under this Act, an election may be held in said town by order of the councilmen of said town annually until the provision of this Act is adopted by the vote of two-thirds of the qualified voters of said town For issuing bonds. Election For issuing bonds. SEC. 2. Be it further enacted, That in the event the necessary majority of votes shall be cast at said election For issuing bonds for the purpose of enabling the councilmen of said town and their successors in office to purchase a site for, erect and complete a school building, and to equip and furnish the same with suitable furniture, apparatus, etc., the councilmen of said town are authorized to issue bonds upon the conditions aforesaid, not to exceed the amount of five thousand ($5000) dollars, to run not to exceed twenty years, bearing interest not to exceed five per cent. per annum, the interest to be paid annually; said bonds to be in denominations as follows: One for one thousand ($1,000.00) dollars to be due and payable in four years from its date; one for one thousand ($1,000.00) dollars to be due and payable in eight years from its date; one for one thousand ($1,000.00) dollars to be due and payable in twelve years from its date; one for one thousand ($1,000.00) dollars to be due and payable in sixteen years from its date; one for one thousand ($1,000.00) dollars to be due and payable twenty years from its date, all to have interest coupons attached, and the interest due on each bond to be due and payable annually at the rate of interest hereinbefore expressed. The bonds shall be signed by the mayor of the town of Carlton, or president of the councilmen of said town of Carlton, as the case may be, and countersigned by the treasurer of said town.

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The coupons attached to said bonds for each installment of interest shall be signed in the same manner and by the same parties as the bonds. The principal and interest shall become payable at maturity on presentation to the treasurer of said town. Said bonds when so issued shall not be sold for less than par. School building. SEC. 3. Be it further enacted, That the mayor and council of said town be, and the same are, hereby authorized and required to levy and collect such tax upon the taxable property in said town as will be necessary to carry out the provisions of this act. [Illegible Text] SEC. 4. Be it further enacted, That for the purpose of providing for the payment of the principal as well as the interest on the bonds so issued and negotiated, when the same may become due and payable said councilmen may set apart from the fund received annually by taxation, as heretofore provided, a sufficient amount to meet the interest on said school bonds falling due, and to provide a sinking fund annually to meet the principal of said bonds as it becomes due and payable. Sinking fund. SEC. 5. Be it further enacted, That the title to said school property shall rest in the councilmen of said town of Carlton and their successors in office.: School property. SEC. 6. Be it further enacted, That no sum raised under the provisions of this Act, except the sum set apart for the payment of the principal and interest on said bonds, shall be paid out by the town treasurer, except upon such claims for supplies or equipments, or for material, or for all work due on the same, or for purchasing a site whereon to build said building, as have been audited by the councilmen for said town of Carlton, Georgia. Disbursements. SEC. 7. Be it further enacted, That the erection of said school building as aforesaid shall be under the direct supervision of the councilmen, said board of trustees to make report to and be made answerable to said councilmen. Erection of school-house. SEC. 8. Be it further enacted, That the board of trustees selected by the said councilmen of Carlton shall be five (5) in number, and their office shall be perpetual, or during good behavior, and all vacancies caused by death, resignation or otherwise, to be filled by said councilmen of the town of Carlton and said trustees shall be clothed with the power of looking after said school building, employing teachers, etc., as usually conferred upon school trustees. Board of trustees.

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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 22, 1907. CARROLLTON, CHARTER AMENDED. No. 197. An Act to authorize and empower the mayor and city council of the city of Carrollton to enact and enforce police rules and regulations over the Agricultural and Industrial College grounds of the fourth congressional district in Carroll county and over the public highway thereto from said city, and to pass such ordinances as may be necessary for the protection of its water mains, hydrants, etc., along said highway and in said grounds as may not be in conflict with the laws of this State and also for the protection of any electric wires and lights along said highway and on said grounds that it may install or authorize installed thereon. SECTION 1. Be it enacted by the General Assembly of Georgia, That the mayor and city council of the city of Carrollton, in the county of Carroll, be and are hereby authorized and empowered to enact and enforce such police rules and regulations over the Agricultural and Industrial College grounds of the fourth congressional district in said county and over the public highway thereto from said city as they may deem necessary for the good order, peace, health and quiet thereof and for the protection of its water mains, hydrants, spigots and other attachments thereto and of the electric wires and electric lights, posts and other attachments it may install or authorize installed on said grounds and along said highway and fix suitable penalties for violation of the same. Carrollton Police powers. SEC. 2. Be it further enacted, That all laws in conflict with this act be, and the same are, hereby repealed. Approved August 22, 1907.

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CEDARTOWN, CHARTER AMENDED. No. 61. An Act to amend an Act entitled an Act to authorize the town of Cedartown, in Polk county, Georgia, to establish and maintain a system of public schools for said town, and for other purposes, approved September 9, 1887, Acts 1887, page 811 to 815, so as to make any person related to a member of the school board, within the fourth degree of consanguinity or affinity, ineligible to election to a position on the faculty of said public schools; to fix the terms of members of the school board; provide for filling vacancies thereon; to give authority to said board to elect, employ, prescribe the duties of and fix the salaries of officers, agents and employees, and to provide for the establishment of and maintenance of more than two schools within the city of Cedartown, 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 in the above recited Act be, and is, hereby amended by striking the word February wherever it appears in said section, and substituting in the places thereof, the word January; that said section be further amended by adding after the word otherwise, in line 14, the words as follows: Until the next regular election for city officers, at which time the balance of all unexpired terms shall be filled by the legal voters of said city of Cedartown, so that said section when thus amended shall read as follows: Be it further enacted by the authority aforesaid, That J. S. Stubbs, W. O. Cornelius, J. E. Houseal, W. T. Gibson, A. Huntington, W. F. Turner, C. G. Jones, G. G. Leak and W. F. Hall be, and are, hereby constituted a board of school commissioners for said town, the term of the first to expire the first day of January, 1890; that of the second three the first day of January, 1889, and that of the last three the first day of January, 1888, and that their successors shall be elected by the legal voters of said town at the election for mayor and council next preceding the expiration of their several terms, to hold for a term of three years from the first day of January after their said election, and on failure to elect, until their successors are elected and qualified, and said

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board shall have power to fill vacancies in their body, occasioned by death, resignation or otherwise until the next regular election for city officers, at which time the balance of all unexpired terms shall be filled by the legal voters of said city of Cedartown, but no one shall be eligible to the office of school commissioner of said town who is not twenty-one years of age, and has not been a bona fide citizen and resident of said town for twelve months next preceding his election. Cedartown: Board of school commissioners. SEC. 2. 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 above recited Act be, and is, hereby amended by adding at the end of said section, No person shall be eligible to election to a position on the faculty in the Cedartown public school who is related within the fourth degree of consanguinity or affinity to any member of the school board; provided, that no person now on the faculty, so related to a member of the school board, shall be ineligible to election on the faculty until the expiration of the term of the board member to whom related. That said board shall have power to elect, employ, fix the salaries and the pay of such other officers as they may deem necessary and expedient, so that said section when thus amended shall read as follows: Be it further enacted by the authority aforesaid, That said board shall supervise, regulate and make efficient said school system; shall have power to make rules for the government of themselves and the teachers and pupils of said schools; to establish grades therein and prescribe the studies therefor; to elect, employ, fix the salaries and pay the teachers therefor, and to provide the necessary conveniences and appliances of said schools, and to do all lawful Acts necessary to the proper operation and are authorized to hold and apply any grants or donations of money or property made by any person or corporation for the benefit of said schools. That no person shall be eligible to election to a position on the faculty in the Cedartown public school who is related within the fourth degree of consanguinity or affinity to any member of the school board; provided, that no person now on the faculty, so related to a member of the school board, shall be ineligible to election on the faculty until the expiration of the term of the board member to whom related. That said board shall have the power to elect, employ, fix the salaries and the pay of such other officers as they may deem necessary and expedient. Powers of board. SEC. 3. Be it further enacted by the authority aforesaid,

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That section 4 of said Act be amended by striking therefrom the words, as follows: The salary of the secretary not to exceed $25.00, and that of the treasurer not to exceed $50.00 per annum, and the president to receive no salary, and, substituting in lieu thereof the words as follows: Whose salaries shall be fixed by the board at the regular December meeting for the next succeeding year, so that the said section when thus amended shall read as follows: Be it enacted by the authority aforesaid, That said board shall keep a record of all their proceedings; shall elect of their body a president, secretary and treasurer, whose salaries shall be fixed by the board at the regular December meeting for the next succeeding year; said treasurer shall give bond in sufficient amount, with good and sufficient security to be judged of by said board, and payable to said board, for the faithful discharge of his duties and the safekeeping and disbursement of all money, bonds and matters entrusted to his care. Salaries of officers. SEC. 4. Be it further enacted, That section 5 of the above recited Act be and is hereby amended by striking from said section the word one, in line 3 of said section, and the word one in line 4 of said section; and the word and in line 4 of said section; and the words, and no more, in line 5 of said section, and by adding s to the word school in both places where it appears in lines 3 and 4 of said section, so that said section when thus amended shall read as follows: Be it further enacted by the authority aforesaid, That said board shall have power, and it shall be their duty, to establish under this bill in said town schools for the whites and schools for the blacks, and they shall be separate and distinct, and out of the funds arising from the bonds herein provided for shall procure suitable lots and erect suitable buildings thereon and furnish and equip the same for said schools, and the records of said board shall be open to inspection to the citizens of said town, of their receipts and disbursements, on or before the first Monday in January in each year after 1888, and the same shall be published in the newspaper of said town. Separate schools for whites and blacks SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved August 16, 1907.

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CHIPLEY, PRO RATA SHARE OF SCHOOL FUND. No. 33. An Act to amend section 6 of an Act approved August 17, 1906, for establishing a local school system, and for other purposes, for the town of Chipley, Georgia, so as to provide that the board of trustees of said school shall be entitled to receive and to make it the duty of school commissioners of Harris county to pay to said board of trustees under such rules as they may provide under the law the portion of the public school fund for Harris county to which the schools that may be established in the town of Chipley may be entitled under the same rules of distribution as the board of education of Harris county may assign to the schools of Harris county their pro rata share of the public school fund. SECTION 1. 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 5 of the Acts of 1906, page 636, be amended by striking the provisions of said section and inserting in lieu thereof the following: Chipley: Sec. 6. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the board of trustees of said school shall be entitled to receive and it is hereby made the duty of the school commissioners of Harris county to pay to said board of trustees, under such rules as they may provide under the law, the portion of the public school fund for Harris county to which the schools that may be established in the town of Chipley may be entitled under the same rules of distribution as the board of education of Harris county may assign to the schools of Harris county, their pro rata share of the public school fund. Pro rata share of public school fund 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 13, 1907.

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COLUMBUS, DEDICATION OF STREET TO CHURCHES. No. 54. An Act to ratify and confirm the closing to travel of the street between the lots of the First Baptist and St. Luke Methodist Episcopal churches, the same extending from Second avenue to Third avenue, in Columbus, Georgia, and to dedicate to said churches the land formerly used as said street. 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 action of the mayor and council of the city of Columbus, Georgia, in closing to travel the street in the city of Columbus, Georgia, extending between Second and Third avenues and between the lots of the First Baptist and of the St. Luke Methodist Episcopal churches, be and it is hereby ratified and confirmed. Columbus: SEC. 2. Be it further enacted by the authority aforesaid, That whereas the title to the land in the streets in the city of Columbus is vested in the State of Georgia, that from and after the passage of this Act, the title to the land heretofore dedicated to and used as a street between the lots of the First Baptist and St. Luke Methodist Episcopal churches, in the city of Columbus, is hereby given and dedicated to said churches, the north half of said street to the First Baptist church, and the south half to the St. Luke Methodist Episcopal church, South, thereby adding to the lots dedicated to said churches when the city of Columbus was laid out by the State of Georgia. Dedication of street to churches. SEC. 3. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act are hereby repealed. Approved August 9, 1907.

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COLUMBUS, CHARTER AMENDED. No. 53. An Act to amend an Act to create a new charter for the city of Columbus, and to consolidate and declare the rights and powers of said corporation, and for other purposes, approved November 29, 1890, so as to provide that the office of any alderman shall become vacant upon the removal or change of residence of such alderman from the ward from which he has been chosen; and also to provide for the payment of salaries of aldermen of said city, and for other purposes. SECTION 1. [Illegible Text] it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 5 of an Act entitled an Act to create a new charter for the city of Columbus, and to consolidate and declare the rights and powers of said corporation, and for other purposes, as published in the Acts of the General Assembly, volume 2, for 1890 and 1891, on pages 489 to 522, inclusive, be amended by adding after the period (.) following the word city, and before the word the, in the 19th line of said section, the following clause: The office of any alderman shall become vacant upon the removal or change of residence of any alderman from the ward from which he was chosen. Columbus Also amend by striking from the latter part of said section 5 the following words: The aldermen of said city shall serve without compensation, and inserting in lieu thereof the following: After the 15th day of December, 1907, the aldermen of said city shall be paid a salary, to be fixed by the mayor and board of aldermen at the same time the salary of mayor is fixed, but the amount of salary to be paid each alderman shall not exceed the sum of one hundred and fifty dollars per annum, so that said section when amended shall read as follows: Sec. 5. Be it further enacted by the authority aforesaid, That the municipal government of said city of Columbus shall be vested in a mayor and a board of aldermen, consisting of two members from each ward in said city, and the term of office of each, the said mayor and aldermen, shall be two years, and until his (or their) successors shall have been chosen and qualified, and the term of office of the aldermen shall be so arranged

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that one alderman from each ward shall be chosen annually. Any person shall be eligible to the office of mayor who shall have resided in the city of Columbus for two years immediately preceding his election, and shall be qualified to vote for members of the General Assembly under the laws of this State, and for aldermen of the city of Columbus as prescribed in this Act. Any person shall be eligible to the office of alderman who shall have resided in the city of Columbus for one year immediately preceding his election, shall be a bona fide resident of the ward from which he is chosen, and shall be qualified to vote for members of the General Assembly under the laws of this State and for aldermen in said city. The office of any alderman shall become vacant upon the removal or change of residence of any aldermen from the ward from which he was chosen. The mayor shall have an adequate salary per annum, to be fixed by the board of aldermen, which shall not be increased nor diminished during his term of office. After the 15th day of December, 1907, the aldermen of said city shall be paid a salary, to be fixed by the mayor and board of aldermen at the same time the salary of mayor is fixed, but the amount of salary to be paid each alderman shall not exceed the sum of one hundred and fifty dollars per annum. Mayor and aldermen. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 9, 1907. COMMERCE, PRO RATA SHARE OF SCHOOL FUND. No. 221. An Act to amend an Act authorizing a public school system in and for the city of Commerce, in Jackson county, approved November 26, 1901, and also amendatory thereto, so as to authorize and direct the State School Commissioner of Georgia to pay over to the board of education of the public school system for the city of Commerce the pro rata share of the State and county school fund to which said city is entitled according to the number of children of school age residing within the corporate limits of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by the authority of the same, That it shall be the duty of the State School Commissioner of Georgia, and he is hereby directed to pay over to the board of education of the public school system of the city of Commerce, in Jackson county, Georgia, the pro rata share of the State and county school fund to which said city is entitled according to the number of children of school age residing within the corporate limits of said city, the same to be paid under the regular rules of distribution. Commerce: Pro rata share of public school fund SEC. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. COVINGTON, CHARTER AMENDED. No. 75. An Act to amend the charter of the city of Covington, in the county of Newton, so as to authorize the mayor and council of said city 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 Covington to be sold for the purpose of constructing, establishing, maintaining, building, and acquiring a system of waterworks and sewerage for the said city of Covington, and building an annex to the public school building of said city, to authorize the issue of said bonds, and the assessing, levying, and collecting of a tax on all property, both real and personal, in said city of Covington, for the purpose of paying interest upon said bonds, as well as the principal thereof, and to amend the charter so as to create a board of light and waterworks, and making them a body corporate, to define their powers, and duties, and to confer upon said city of Covington full and ample power to acquire all necessary realty, water rights, easements, and franchisements, either by purchase or by condemnation proceedings; to authorize said city of Covington to exercise the right of eminent domain; to empower said city of Covington 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

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parts, whether the same be situated within the corporate limits of said city or elsewhere and to confer upon said city 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, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city of Covington, in the county of Newton, shall have full power and authority to construct and maintain a system of waterworks and sewarage for said city, 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 franchisements. Covington; waterworks and sewerage. SEC. 2. Be it further enacted by the authority aforesaid, That in the event said city of Covington can not procure by purchase the necessary land, easements, rights of way, water ways, and franchisements for the construction of a system of waterworks, and sewerage, then the city of Covington shall have the right to exercise the power of eminent domain, and to condemn such lands, easements, rights of way, water ways and franchisements in manner and form, as provided in chapter 9 of volume 2 of the Code of this State, and the amendments thereto. Condemnation of property. SEC. 3. Be it further enacted by the authority aforesaid, That said mayor and council of the city of Covington shall have full power and authority to acquire by gift, purchase or condemnation in manner as aforesaid all lands, easements and franchisements necessary for water basin and water shed, from which the public water supply may be obtained. Acquisition of land, etc. SEC. 4. Be it further enacted by the authority aforesaid, That the city of Covington 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 Newton without costs, 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 SEC. 5. Be it further enacted by the authority aforesaid,

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That the city of Covington shall have full power and authority to enact and enforce such rules, regulations, ordinances and bylaws as may be necessary to protect the water basin and water shed, from which the public water supply is taken from contamination and to protect said waterworks and sewerage, and every part thereof, including mains, pipes, conduits and drains, whether the same be located within or without the corporate limits of said city, and the said mayor and council shall have the right to exercise the necessary police regulations over said water basin and shed, and waterworks in all their parts, whether the same be situated within the corporate limits of said city or elsewhere. It is the purpose and intent of this Act to confer upon said city of Covington the right to acquire the necessary property for construction and maintaining a system of waterworks and sewerage, whether such property be situated within the corporate limits of said city or elsewhere. Police power SEC. 6. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Covington 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 Covington in a sum, not to exceed sixty-five thousand dollars, to be sold for the purpose of purchasing, establishing, building and acquiring a system of waterworks and sewerage for said city of Covington, and to build an annex to the public school building of said city, said annex to cost five thousand dollars ($5,000). Said election shall be held in accordance with the provisions of section 377-380, inclusive, of the Code of Georgia of 1895, and at said election the ballots used shall be For bonds, and Against bonds. Election for bonds for waterworks and sewerage. SEC. 7. 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 Covington shall be and are hereby authorized to issue the bonds of said city of Covington in a sum not to exceed in the aggregate sixty-five thousand dollars. Said bonds are to be issued for the purpose of establishing waterworks and sewerage for the said city of Covington, and to build an annex to the public school building; five thousand dollars of said bonds are for the purpose of building said annex to the public school building of said city. Said bonds shall be designated Waterworks and school bonds of the city of Covington, and shall be in the sum of one thousand dollars each, and draw interest at the rate of

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5 per cent. per annum, payable annually on such dates as the mayor and council may fix, and be for the term of thirty 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, building and acquiring a system of waterworks and sewerage for said city of Covington, and for no other purpose except that five thousand dollars of the proceeds of said bonds shall be used for an annex to the public school building of said city. Bonds, amount and description. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and council of the said city of Covington shall be and are hereby authorized and empowered to annually assess, levy and collect a tax not to exceed three-tenths of one per cent. on all the property, both real and personal, in the corporate limits of said city, in such sums 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 monies of said city, and shall be used solely for the payment of the interest on said bonds as it may occur, and for the creation and accumulation of a sinking fund for the payment of the principal of the same. Tax. Sinking fund. SEC. 9. 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. Subsequent elections. SEC. 10. 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 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 lights, from the council of the city of Covington, and of three citizens of Covington, who are to be named by the mayor and council of said city after the passage of this Act, for one, two and three years from their appointment. Said board of lights and waterworks shall have charge

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of the operation and supply of light for the city of Covington, and shall have charge of the creation, building, operation and supply of water for the city of Covington, and to have all powers 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 Covington, shall have power to regulate the water and light rates in the city, and shall supply the people of said city with lights and water at a fair and equitable rate. 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. The clerk of 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 mayor and council may fix, previous to entering upon his duties, and said board of lights and waterworks shall be paid by the city of Covington the sum of..... dollars, each, annually for their services, to be fixed by the mayor and council. That an election be held every year by the mayor and council of said city to fill the office of one of the retiring members of said board, or sooner, if there should be a vacancy in any one of said places. No one shall be eligible to said office who is not a resident of said city, and who is not twenty-one years old. Board of lights and waterworks. SEC. 11. Be it further enacted by the authority of the aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1907. COVINGTON MILLS, TOWN OF INCORPORATED. No. 235. An Act to incorporate the town of Covington Mills, in the county of Newton; to define its limits, provide for a mayor, councilmen, and other officers of said town, and prescribe their duties; to provide for making all lawful rules, regulations, ordinances and by-laws for the proper government and control of said town, and for the enforcement of the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

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That the town of Covington Mills, in Newton county, is hereby incorporated under the name of the town of Covington Mills. Covington Mills, town of incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Beginning at a point on the east side of public road (extension of Pace street) leading from Covington to Jersey, 23.50 chains north of Georgia railroad, thence east 50.65 chains, thence north 50 degrees, east 24.43 chains, thence north 72 degrees, east 9.96 chains, thence south 30 degrees, east 4.70 chains to Georgia railroad, thence along north side of Georgia railroad south 49 degrees, west 22.64 chains, thence south 6[frac38] degrees, east 17.16 chains, then east 25.27 chains, thence south 10.04 chains, thence west 20.17 chains, thence south 15.86 chains, thence north 89 degrees, west 57.65 chains, thence north 20 chains to Georgia railroad, thence west along south side of Georgia railroad to Pace street, thence along the west side of said street and wagon road 23.50 chains to beginning corner, containing 270 acres, more or less, and bounded north by lands of J. Z. Johnson, east by lands of J. Z. Johnson and Williams land, public road and Prof. Taylor, south by lands of Prof. Taylor, W. A. Adams, H. B. Anderson and Ellis and Mrs. V. Cook, west by lands of Covington Mills, Pace street and road leading to Jersey. Corporate limits. SEC. 3. Be it further enacted, That the government of said town shall be vested in a mayor and four councilmen, who may sue and be sued, plead and be impleaded, and perform any and all other acts necessary for the government of said town under the name of the mayor and council of the town of Covington Mills. Mayor and councilmen SEC. 4. Be it further enacted, That J. W. Worsham be, and is, hereby appointed mayor, and J. W. Palmer, W. S. Nome, W. A. McDonald and W. S. Sullivan are hereby appointed councilmen of said town to hold office until the first regular election, as hereinafter provided for, and until their successors are elected and qualified. Mayor and councilmen named. SEC. 5. Be it further enacted, That on the first Monday in January, 1908, and on the same day annually thereafter, an election shall be held in said town for mayor and councilmen, whose term of office shall be one year and until their successors are elected and qualified. No one shall vote for or be eligible for said office of mayor and councilmen who is not a bona fide citizen of said town, and who is not qualified to vote for members of the General Assembly of said State; said election shall

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be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the person elected to enter on the discharge of the duties of the offices to which they have been elected. Election of successors. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen shall take and subscribe to the following oath, which may be administered by any person authorized by law of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties of mayor or councilman of the town of Covington Mills to the best of my ability; so help me God. Oath of mayor and councilmen SEC. 7. Be it further enacted, That said mayor and councilmen shall have the power to levy and collect a business or professional tax upon all such persons in said town, as they may think best, not inconsistent with the law of this State. Specific taxes. SEC. 8. Be it further enacted, That the mayor and councilmen shall never have authority to license or authorize or allow the sale of any spirituous, vinous or malt liquors in said town. Sale of liquor. SEC. 9. Be it further enacted, That said mayor, and if from any cause he fails to act, any one of the councilmen shall be authorized to try any person charged with the violation of the ordinances of said town, and to punish persons proved guilty by a fine not to exceed $100.00 or imprisonment not to exceed thirty days, one or both of said fines in their discretion. Mayor's court. SEC. 10. Be it further enacted, That said mayor and councilmen shall have concurrent jurisdiction with justices of the peace of this State in all criminal matters that may originate in the corporate limits of said town, and that said mayor may issue warrants, and hold courts of inquiry and bind over parties to courts of competent jurisdiction to try the same, for which he shall be paid the same fees as justices of the peace shall receive, for same or similar services. Jurisdiction. SEC. 11. That said mayor and council shall have power to elect such marshals, clerk, or other subordinate officers, as they may deem best for the proper carrying out of the powers herein granted, and to prescribe the duties of the said officers, and it shall be the duty of the marshal to execute all criminal processes placed in his hands by the mayor of said town, as well as to make all such arrests as are necessary to enforce the ordinances of the town, whether said offense be committed in his presence or elsewhere, either with or without a warrant. Municipal officers. SEC. 12. Be it further enacted, That the mayor and council

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shall have power to pass such ordinances and laws deemed necessary for the proper government of said town, as in their judgment may be necessary and proper for the correct administration of justice in said town, the good order, peace and welfare of the citizens thereof. General powers. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. CRANDALL, INCORPORATED. No. 258. An Act to incorporate the town of Crandall, 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 authority of the same, That from and after the passage of this Act the town of Crandall, 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 numbers 305 and 272 in the 10th district and third section of Murray county, Georgia; the total area being 320 acres, more or less. Crandall, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a mayor and four councilmen, who shall have been bona fide residents of said town for a period of six months just preceding their election to office; said municipal government shall be styled the town of Crandall, 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 for said town any real or personal property of any kind. That the said mayor and said 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

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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, the comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violations of said 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 the first Saturday in each January. The regular term of office for mayor and council shall be for one year, or until the election and qualification of their successors, except when a vacancy occurs by death, resignation or otherwise, when the remaining members shall fill such vacancy of mayor and councilmen by an election held by them for such purpose at any time to fill the unexpired term of person or persons causing such vacancy. Election of mayor and councilmen SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at some convenient place 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 Crandall, 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 Murray county; and 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 Crandall, 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 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 the managers in the capacity in which he acts. Said oath may be administered by any person in Murray authorized to administer oaths, or if no such officer

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can be conveniently had, said managers may take and subscribe to said oath in the presence of each other. Election managers. SEC. 5. Be it enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from eight 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 votes they shall certify said tally sheet and a list of voters on same, showing that they are correct, and seal them up, and deliver 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 is filed. Elections, how held SEC. 6. Be it further enacted by the authority aforesaid, That all persons residing in said town of Crandall who are qualified to vote for members of the General Assembly of the State of Georgia, who have paid all their taxes due by them to said State and county and town, and have resided in said town six months just prior to the day of election shall be considered electors and entitled to vote in said town election, and no other shall be allowed to vote therein. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen elected or appointed to fill a vacancy, as the case may be, shall take and subscribe 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 Crandall by adopting such measures as, in my judgment, will promote the general welfare of the inhabitants of said town and the common interest thereof; so help me God. Oath of mayor and councilmen SEC. 8. Be it further enacted by the authority aforesaid, That the salaries of the mayor and councilmen shall be fixed by them at the first meeting after their election each year, and the same entered on their minutes, and no change shall be made in their salaries during their term of office: provided, however, the salary of the mayor shall never exceed fifty dollars perannum. Said mayors shall elect their marshals, clerks, treasurers and such other officers as are, in their opinions necessary to carry out the provisions of this charter, fix their compensations and take such bonds as are necessary and usual in such

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cases, and prescribe an oath to be administered to them before entering upon the discharge of their duties; provided, that no salary shall be paid any officer until the vote of the majority of said town shall recommend the payment of the same, said vote to be taken at any regular election of mayor and councilmen of said town. Salaries; municipal 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 perform 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 enacted by 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 to exceed thirty days, either one or all of said penalties may be inflicted on an offender after conviction, in the discretion of the courts. Punitive powers. 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 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 owner thereof,

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and for the sale of the same to pay the expenses of the impounding, including feed bills. Nuisances. SEC. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have control of the streets, sidewalks, bridges, alleys, cemeteries, and all public property in said town, and they may prohibit any encroachment thereon, or interference therewith, and they shall have the power to locate all cemeteries therein. They shall have the 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 for 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 town treasury. 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 prevent the storage or keeping for any illegal purposes within the corporate limits of said town any wines, beer, malt, alcoholic or intoxicating drinks of any kind, and to punish any person for violating such ordinances. Storage of liquor. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to require every male inhabitant of said town who has resided in said town 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 the 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 or commutaon tax. SEC. 16. Be it further enacted by the authority aforesaid, That in all cases when necessary tax, fine, forfeitures, commutation or license fees are not 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 upon 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

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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 a. m. and four o'clock p. m., to satisfy said fi. fa. If it be real property so levied on, said marshal return the fi. fa., with the entry of levy thereon, to the sheriff of Murray county, that the property may be by said sheriff advertised and sold in the manner that all sheriff's sales are made; provided, however, if a claim or affidavit of illegality be filed to such fi. fa. and levy, the same shall be returned to the superior court of 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 upon personal property such fi. fa. shall be returned to the city or county court of said county and if there be no city or county court it shall be returned to the superior court. In either case the claim or illegality shall be tried as are all other cases of like kind. Collection of 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 taken 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 incorporations, 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 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 returns so as to get at its true value. Said mayor and council shall have the right, without said board of assessors, to fix and collect, if necessary by execution, 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. Tax on property. 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 on all questions to carry same or to elect any officer by said body. A less number, in the absence of a quorum, may adjourn a meeting over to a future date. Meetings of council.

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SEC. 19. Be it 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 shall be faithfully executed; he shall look after the finances of the town, making reports to the council, from time to time, showing the receipts and disbursements of all departments, and the status of said town generally; he will have general jurisdiction of the affairs of said town, not in conflict with the duties 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 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. 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 a warrant any person he may see violating the ordinances 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 said arrest; he shall inform the mayor of the nature of the offense committed by the 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 without warrant. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor, in his discretion, when 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 this 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 day why said bond should not be absolutely forfeited and judgment entered against them for the full amount of the bond and cost.

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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 for the amount of the bond and cost, and a 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, when the offense is committed within the corporate limits of said town, and to that end they shall swear out warrants, or cause the same to be done, and arrest such offenders and carry them before the mayor of said town, or some other judicial officer, for trial and commitment, and such officer shall hold a court of inquiry and commit or discharge the accused under the same rules that obtain before a justice of the peace in such cases. 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 upon 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. Marshal. 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 of sheriff, clerks, tax-collectors and justices of the peace for similar services, and said officers shall never charge or accept, under any circumstances, any more fees than is allowed by such ordinances. Fees of officers in mayors court. SEC. 24. Be it further enacted by the authority aforesaid, That the expenditure 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 on 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 books of all sums paid out by him, to whom paid, the date paid and the nature of the claim paid. He shall also take from the party a receipt

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for the amount so paid, said book and receipt 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. Municipal treasury. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power and authority to establish and maintain a chaingang for the purpose of working on the streets and elsewhere in said town such persons as are convicted for violating the ordinances of said town and sentenced to work in said chaingang, and the mayor and council are empowered to pass all necessary rules and laws for the regulation of the same not in conflict with the laws of Georgia. Chaingang. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have authority, when they deem it necessary, to appoint three good, intelligent citizens of said town as a sanitary committee, one of whom shall be a member of council. It shall be their duty to visit the different parts of the town and report their findings to council with a recommendation as to what is needed. After such recommendation the council shall take such action as it deems to the best interests of the town. 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 22, 1907. DACULA, CHARTER AMENDED. No. 3. An Act to amend an Act of the General Assembly of Georgia, approved August 7, 1905, entitled An Act to incorporate the town of Dacula, in the county of Gwinnett, etc., so as to limit the rate of taxation to one-half of one per cent. instead of one-fourth of one per cent.; to change the time of holding elections in said town from the third Saturday in January to the first Saturday in December of each year; to provide for the levying and collection of a business or license tax in said town; to provide for the prevention of the delivery of and receiving of intoxicating liquors in said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by authority of same, That from and after the passage of this Act, that section 5 of the Act of the General Assembly of Georgia, approved August 7, 1905, incorporating the town of Dacula, in the county of Gwinnett, be, and the same is, hereby amended by striking from said section, wherever they occur, the words third Saturday in January and substituting in lieu thereof, wherever they occur, the words first Saturday in December, so that the elections therein provided for shall occur on the first Saturday in December of each year instead of the third Saturday of January, as therein provided. Dacula. Elections. SEC. 2. Be it further enacted, That section 9 of said Act be amended by striking therefrom, wherever they occur, the words one-fourth of one per cent. and substituting in lieu thereof the following words: one-half of one per cent., so as to limit the tax rate to be levied in said town to one-half of one per cent., instead of one-fourth of one per cent., as therein provided. Tax rate. SEC. 3. Be it further enacted, That the Act herein referred to, approved August 7, 1905, be further amended by adding thereto another section to be known as section 15, which shall be, and is, as follows: Sec. 15. Be it further enacted, That the council of said town of Dacula shall have full power and authority to require any person, firm, corporation or company, whether a resident or non-resident of said town, engaged in or carrying on, or who may engage in or carry on, any trade, business, calling, vocation or profession within the corporate limits of said town, by themselves or their agents, to register their names and business, calling, vocation or profession annually, and to require such person, company or corporation to pay for such registration, and to obtain license to carry on such business or profession and to pay for such registration and license such amount as the council may by ordinance prescribe. Said council may prescribe by ordinance for the punishment of all persons, companies or corporations, required to pay such license, who engage in or offer to engage in such business or occupation before paying such tax, or taking out such license, or who fail to comply in full with all the requirements of the council made in reference thereto, and said town council is hereby given authority to pass such ordinances as are necessary to carry the foregoing section into effect. Specific taxes. SEC. 4. Be it further enacted, That the words and figures section 15 of the original Act herein referred to, approved August 7, 1905, be stricken and the words and figures section

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16 be substituted in lieu thereof, so as to change the number of the said section from 15 to 16. 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 July 23, 1907. DALLAS, CHARTER AMENDED. No. 212. An Act to amend an Act entitled an Act to amend the charter of the town of Dallas, approved August 23, 1903, so as to authorize the authorities of said town to issue and to sell bonds to an amount not to exceed thirty thousand ($30,000) dollars, to establish and maintain a system of waterworks, to establish and maintain a system of sewerage, 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-named Act be, and same is, hereby amended by striking out the figure 2, in the eight line and inserting in lieu thereof the figure 3 and by striking out the words electric lights and educational purposes, in the eleventh line of the first section of said Act, inserting in lieu thereof the words the establishing and maintaining a system of sewerage, so that said section, when so amended, shall read as follows: That from and after the passage of this Act, the mayor and aldermen of the town of Dallas, be empowered to submit to the qualified voters of said town, under provisions of the Code of Georgia of 1895, sections 377 to 381, both inclusive, at such time as may be appointed by the mayor and aldermen of said town of Dallas, the question of issuing bonds, in a sum not to exceed thirty thousand dollars, and to be sold for the purpose of establishing, purchasing, building, maintaining and operating a system of waterworks, and establishing and maintaining a system of sewerage in and for said town of Dallas; and at said election the ballots shall have written or printed, `For bonds,' `Against bonds,' Dallas, election for bonds for waterworks and sewerage. SEC. 2. Be it further enacted, That section 2 of said Act be, and the same is, hereby amended by striking out the words electric lights, in the third line and inserting in lieu thereof

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the word sewerage, and by striking out the words electric lights in the sixth line, and inserting in lieu thereof the word sewerage, and by striking out the words and for educational purposes, in the seventh line, and by striking the figure 2, in the eighth line, and inserting in lieu thereof the figure 3, and also by striking out the word annually, in the thirteenth line of said section, and inserting in lieu thereof the word semi-annually, so said section, when so amended, shall read as follows: That should said election herein provided for be in favor of bonds for waterworks and sewerage, then the mayor and aldermen of said city of Dallas shall be, and are, hereby authorized to issue said bonds for the purpose of purchasing, establishing, maintaining, and operating a system of waterworks and sewerage for said town of Dallas in a sum not to exceed thirty thousand dollars each of said bonds to be issued to be in such sums as the mayor and aldermen of said town of Dallas may designate; provided, the sum be not less than one hundred ($100.00) dollars and not more than one thousand ($1,000) dollars each, and said bonds are to run for a period of not exceeding thirty years, with interest thereon, at a rate not to exceed five per cent. per annum. Authority to issue bonds. SEC. 3. 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 words the proceeds thereof shall be used exclusively for the purchasing, establishing, building and operating a system of waterworks and electric lights and the educational interests of said town, as the mayor and aldermen may deem for the best interests of said town, in lines 6, 7, 8, 9 and 10 of said section, and inserting in lieu thereof the following figures and words $25,000 of the proceeds thereof shall be used for the purchasing, establishing, building and operating a system of waterworks and the remainder to the establishing and maintaining of a system of sewerage in and for said town, so that said section when so amended shall read as follows: That said bonds shall be signed by the mayor and clerk of council of said town of Dallas, under its corporate seal, shall be sold, hypothecated or disposed of to the very best advantage and interest to the town of Dallas, as may be determined by the mayor and aldermen of said town of Dallas; and $25,000 of the proceeds thereof shall be applied to the purchasing, establishing, building and operating a system of waterworks, and the remainder to the establishing and maintaining a system of sewerage in and for said town. Bonds for waterworks and sewerage, how issued.

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SEC. 4. Be it further enacted by the authority aforesaid, That section 5 of said Act be, and the same is, hereby amended by striking out the words electric plant, in the second line of said section and inserting in lieu thereof the words sewerage system, and by striking out the word lights, in the sixth line of said section, and inserting in lieu thereof the word drainage, so that said section, when so amended, shall read as follows: That said waterworks and sewerage system shall be built, equipped, maintained, and operated in such a manner and style as the mayor and aldermen of said town may deem best for the interests of said town, citizens, and that shall be most conducive to a full and economic distribution of water and drainage for the use of said town and citizens thereof. Waterworks and sewerage, how constructed. 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 22, 1907. DANIELSVILLE, CHARTER AMENDED. No. 271. An Act to amend an Act approved March 5, 1875, and an amendment to said Act, approved February 28, 1877, incorporating the town of Danielsville in Madison county, entitled an Act to extend the corporate limits of said town from one-quarter of a mile to one-half a mile in every direction from the courthouse in said town; to strike out the word commissioners, wherever it appears in said Act and insert in lieu thereof the word councilmen; to strike out the word president wherever it appears in said Act and insert in lieu thereof the word mayor; to increase the tax rate to fifty cents on every one hundred dollars on all species of property per annum; to empower the mayor of said town to try all violators of the by-laws, rules and regulations of said town; to allow violators the privilege of appeal to the council; to increase the amount of fines; to provide punishment for violators of the by-laws, rules and regulations, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by the authority of the same, That the first section of the above-recited Act and the amendment hereto shall be amended by striking out the words one-quarter mile in said amended Act, which was approved February 28, 1877, and insert in lieu thereof the words one-half mile, so that said section, when so amended, will read as follows: That the town of Danielsville, in the county of Madison, be, and the same is, hereby incorporated and the limits of said town shall extend one-half mile in every direction from the court-house in said town. Danielsville, corporate limits. SEC. 2. Be it further enacted, That section 2 of said Act of 1875 be amended by striking out the word commissioners between the words appointed and of in the fourth line of said section, between the words and and and in the eighth line of said section, between the words the and of in the tenth line of said section, between the words said and or in the twelfth line of said section, and inserting in lieu thereof the word councilmen; by striking out the word president, between the words said and and, in the seventh line of said section, and inserting in lieu thereof the word mayor, so that said section when so amended will read as follows: That Willis H. Bennett, D. R. Moseley, A. H. M. Bennett, P. H. Furgerson and John M. Mathews be, and they are, hereby appointed councilmen of said town, who shall, at their first meeting, elect from their body a mayor or treasurer and clerk and appoint a marshal and all other officers they may think proper to carry this Act into full execution, and the said mayor and councilmen and their successors in office are declared to be a body corporate and politic under the name and title of the councilmen of the town of Danielsville and by that name they are hereby empowered to sue and be sued, plead and be impleaded in any of the courts of this State, and the said councilmen or a majority of them and their successors in office shall have full power and authority to make all by-laws, rules and regulations necessary and proper for the government of said town, which are not repugnant to the Constitution and laws of this State and of the United States. Mayor and councilmen SEC. 3. Be it further enacted by the authority aforesaid, That the word commissioners, wherever it appears in said Act, be stricken, and that the word councilmen be inserted therefor, and that the word president, wherever it appears in said Act, be stricken and the word mayor be inserted therefor and in its place. Be it further enacted by the authority aforesaid, That

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all of section 4 of said Act be stricken and that the following section be inserted in its place: SEC. 4. Be it further enacted by the authority aforesaid, That the town council of the town of Danielsville shall have authority to levy a tax on all species of property in the corporate limits of said town not to exceed fifty cents per annum on every one hundred dollars ($100.00) as they may think necessary to advance the interest and promote the welfare of the citizens within said corporation. Be it further enacted by the authority aforesaid, That all of section 5 of said Act be stricken and entered in lieu thereof the following section, to wit: Taxation. SEC. 5. 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 sixty days, or confinement in the calaboose not to exceed sixty days, fines to be collected by execution issued by the mayor of said town 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 ninety days in the calaboose or on public works as above set out. Said mayor of said town may try all offenders brought before him or in his absence any member of said council may act as mayor pro tem.; provided, that any person aggrieved at the finding of said mayor or mayor pro. tem. may within three days enter an appeal to the mayor and council and by that body have his case tried. Police powers. SEC. 6. Be it further enacted by the authority aforesaid, That section 14 of said Act be amended by striking out the word ten, in the fifth line of said section and inserting in lieu thereof the word fifty; also by striking out the word five, in the sixth line of said section and inserting in lieu thereof the word sixty, so that said section when so amended will read as follows: That said councilmen shall have power to fine or imprison, or both at their discretion, all persons who shall be guilty of a violation of any of the by-laws, rules and regulations of said corporation; provided, that said fine shall not for any one offense, exceed the sum of fifty dollars and that the term of imprisonment for the same shall not exceed sixty days. Punitive powers. SEC. 7. 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 22, 1907.

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DECATUR, CHARTER AMENDED. No. 217. An Act to amend the charter of the town of Decatur, in the county of DeKalb, so as to change and extend the corporate limits of the said town of Decatur by the incorporation of outlying and contiguous territory, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the charter of the town of Decatur, in the county of DeKalb be, and the same is, hereby amended by changing and extending the corporate limits of said town so as to include therein the following described additional territory, to wit: A portion of land lots 5 and 6, in the eighteenth district of DeKalb county, being a strip of land 600 feet wide, uniformly on each side of the Shallow Ford road, beginning at the present corporate limits of said town on the northern limits of the same, and running northwesterly from said corporate limits six hundred feet uniformly on each side of said Shallow Ford road, and parallel to the same to the northern line of said land lot 5. Decatur, corporate limits. Also that portion of land lot 247, in the fifteenth district of DeKalb county, described as follows: Beginning at a point on the present eastern limits of said town six hundred feet north of an extension of Broad street, in said town, and running thence east to a point 1650 feet from said present corporate limits, and thence south and across the Georgia railroad, near Sam's Crossing, to the southern line of said land lot 247, and thence west along said southern line of said land lot, to the present limits of said town, the same being a portion of land lot 247, not now included in the corporate limits of said town. Also all of that portion of land lot 235, not now included in the corporate limits of said town. Also, those portions of land lots 214, 215 and 234, not now included in the corporate limits of said town, described as follows: Beginning at a point on the southern line of land lot 235, six hundred feet west of the west side of Candler street, and running thence southerly fourteen hundred (1400) feet, parallel with, and six hundred (600) feet from the west side of said street, to a point; thence east across Candler street, near a whiteoak tree to a point six hundred (600) feet distant from the east side of said street; thence northerly along a line parallel with and six hundred (600) feet from said street, to the orignal land

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lot line, between land lots 234 and 215; thence east along the northern line of land lot 215 to a point where a branch now crosses said land lot line; thence northerly along the west bank of said branch to a point where it crosses the original land lot line, between land lots 234 and 247. Also those portions of land lots 236 and 245 not now included in the corporate limits of said town and described as follows: Beginning at a point where the present corporate limits of said town intersect the eastern line of land lot 236, and running thence south to the southern line of said land lot; and thence west twenty-one hundred and sixty (2160) feet, to a point; thence north and across the right of way of the Georgia railroad to a point in land lot 245, located six hundred feet north of a western extension of Green street, of said town; and thence east to the present corporate limits of said town. SEC. 2. Be it further enacted, That from and after the passage of this Act said additional territory shall become a part of the town of Decatur, and the residents thereof, and the property therein, now and hereafter, shall be subject to the laws and ordinances of force at the time of the passage of this Act, and to such laws and ordinances as may hereafter be passed, to the same extent as other residents and other property of said town are subject. Jurisdiction over added territory. SEC. 3. Be it further enacted by the authority aforesaid, That the town authorities of Decatur shall hold an election at the court-house in said town on the fourth Saturday in September, 1907, under the rules governing other elections by authority of said town. At said election all qualified voters residing in the territory to be annexed shall be entitled to vote and none others. Those desiring to be annexed shall have written or printed on their ballots the words For annexation, and those not so desiring, the words Against annexation. The election managers shall make returns to the ordinary of the county, who shall declare the result, enter the same on his minutes and publish the same one time in the paper carrying his other advertisements. If the result shows that a majority of the votes cast are For annexation, this Act shall take effect on January 1, 1908, and the new territory shall thereafter be considered as included in said town, but if the majority is Against annexation, this Act shall not take effect, but shall become null and void. Election for extension of corporate limits. SEC. 4. 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 22, 1907.

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DEXTER, CHARTER AMENDED. No. 20. An Act to amend an Act entitled an Act to incorporate the town of Dexter, in the county of Laurens, and providing government for the same, approved August 22, 1891, by giving said town the right of eminent domain to provide a system of public schools, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section ten of an Act entitled an Act to incorporate the town of Dexter, in the county of Laurens, and providing government for the same, approved August 22, 1891, be, and the same is, hereby amended by adding after the word town, in the fifth line of section ten, the following: To open and lay out such new streets in said town as the public interest may require, and for this purpose may condemn and take private property when the same is necessary under the same rules and regulations that the counties of this State condemn and take private property for public use. Dexter. Streets. By striking the words one-half of one, in the nineteenth line and insert in lieu thereof one and one-half; so that said section when amended will read as follows: Sec. 10. Be it further enacted, That said mayor and aldermen shall have power within said town to lay off, establish, vacate, alter, improve and keep in good order and repair the streets, roads, alleys and sidewalks for the use of the public and citizens of said town; to open and lay out such new streets in said town as the public interest may require, and for this purpose may condemn and take private property, when the same is necessary, under the same rules and regulations that the counties of this State condemn and take private property for public use; to establish and regulate markets; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, horses, cattle, sheep, goats or other animals from going at large in said town; to regulate the keeping of gunpowder or other combustibles; to have charge of the cemeteries of said town for the purpose of keeping them in good order and preservation; to protect the property of persons citizens of said town from injury; to preserve peace and good order, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide a revenue for said town by levying a tax on the property situated in said town, which tax shall not, in any year, exceed one and one-half per cent. of the value of

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said property; all said taxes levied to be in accordance with the Constitution and laws of this State. And to ascertain the value of property in said town for the purpose of taxation, said mayor and aldermen shall have power to appoint three assessors, bona fide residents of said town, to serve one year, whose duties shall be as defined by said mayor and aldermen, and in accordance with the powers conferred by this Act; provided, that expenditures of money and labor performed shall be for the general benefit and public improvement of the town. And said mayor and aldermen shall have power and authority to levy and collect a tax upon any and all persons doing or carrying on within the limits of said town any business, trade, calling or vocation whatever. Corporate powers. SEC. 2. Be it further enacted, That said recited Act be amended by adding after section 26 the remaining sections of this bill. SEC. 3. Be it further enacted, That of the tax of one and one-half per cent. which the mayor and aldermen of said town have power to levy upon all property in the limits of said town, one-half of one per cent. shall be for the support of a common public school system which they are hereby authorized to establish and maintain upon such plans and under such regulations as they may deem best. Public school system. SEC. 4. Be it further enacted, That the public schools of the town of Dexter shall be controlled by a board of education to be elected by the mayor and aldermen of said town, said mayor and aldermen to have the power and authority to fix the number of said board of education, prescribe their duties and fix the term for which they shall hold office; and by resolution or ordinances to provide for the proper management of said school. Board of education. SEC. 5. Be it further enacted, That the board of education of the town of Dexter shall prepare and take a census of all the pupils residing in said town of Dexter, annually, after the passage of this Act, who are, under the law, entitled to participate in the State school fund, and furnish a report of the result of said census to the State School Commissioner on or before the first day of February of each year. School census. SEC. 6. Be it further enacted, That upon the receipt of the foregoing report of the result of said census, the State School Commissioner shall apportion to said town of Dexter its pro rata share of the State school fund, based upon the result of said annual census, and pay over such pro rata share to the treasurer of the board of education of the town of Dexter. Pro rata share of public school fund SEC. 7. Be it further enacted, That the mayor and aldermen of

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said town are hereby expressly authorized to pass any ordinance not in conflict with the Constitution of the United States, or this State or the laws thereof, to prohibit the storage or keeping of wines, beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes, and to punish within the limits prescribed by this any person or persons violating the same. Storage of liquor. SEC. 8. Be it further enacted, That the mayor, or upon the complaint supported by oath or affirmation of any citizen of said town, setting forth in writing that to the best of his knowledge and belief wines, beer, malt or alcoholic or intoxicating liquors are stored or kept for the purpose or with intent of illegally selling or otherwise illegally disposing of the same in a certain described place within the corporate limits of the town of Dexter, shall thereupon issue a search warrant, directed to the chief of police and policemen, commanding the chief of police and policemen to enter the suspected place, search for the described wine, beer, malt, alcoholic or other intoxicating liquors and seize them upon discovery; that the officer shall hold the goods in his custody and make return of his actions and doings upon the warrant to the mayor; that the chief of police or any of the policemen of said town may seize wines, beer, malt, alcoholic or intoxicating liquors found by him or them or any one of them in any case where said chief of police or policeman would have been authorized to search for said wines, beer, malt, alcoholic or intoxicating liquors, if armed with a warrant, but he shall then, within a reasonable time procure a warrant and make return as above of what he has already done; that a written notice shall be served by the chief of police upon the party appearing to have the said liquors in his custody or control, or if no one appears to be in immediate control of the same, upon the person who appears to have control of the building or place where the same were found, to appear and defend the setting forth, and when a hearing shall be had on the warrant, to determine whether the law has been violated by the storing or the keeping of wine, beer, malt, alcoholic or intoxicating liquor, and, if such question shall be determined affirmatively, the property aforesaid shall be destroyed by the chief of police after the lapse of thirty days from the date of the judgment on the warrant, unless the proper steps are taken within that time to have such judgment reviewed by higher court. Search warrants to enter suspected places and look for liquor. SEC. 9. Be it further enacted, That the mayor and aldermen shall have power to establish and fix fire limits within said town, and from time to time in their discretion to extend and enlarge the same. When said fire limits are so established it shall not be lawful for any one to erect therein other than brick buildings or

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structures of any kind whatever, and should any one erect or cause to be erected within such fire limits so established any building or other structure of any kind other than brick, the said mayor and aldermen, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such building or other structures. Such expense shall be collected by execution, as in other cases. Fire limits. SEC. 10. Be it further enacted, That the mayor and aldermen shall have the power and authority to impose a license upon dogs within the town in such a manner and mode as said mayor and aldermen shall deem best: provided, in no case shall the license exceed one dollar per capita per annum on said dogs. Dog tax. SEC. 11. Be it further enacted, That the board of education of said town shall have power and authority to require of each pupil desiring to attend the Dexter public schools, a matriculation fee not exceeding four dollars per annum. Said fee to be paid to and disbursed by treasurer of said board as other public school funds. Matriculation fee to enter public school. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1907. DIFFEE, INCORPORATED. No. 167. An Act to incorporate the town of Diffee, in the county of Decatur, to provide for the election of a mayor and council of said town; to define the corporate limits of said town; to provide for a system of revenue by taxation or otherwise, and for other purposes therein contained. 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 the town of Diffee, in the county of Decatur, be, and the same is, hereby incorporated as a town under the name of the town of Diffee. Diffee, town of incorporated. SEC. 2. Be it further enacted by the authority of the same, That the corporate limits of said town shall commence at low water mark on the western bank of Flint river, where the original land line on the east side of lot 330 in the fifteenth district of said county touches said river, and run north on said line to the

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northeast corner of said lot, thence south on the western boundary line of said lot to a point half way between the said northwest corner and the southwest corner of said lot; thence in a southwesterly direction to a point half way between the southwest corner and the southeast corner of lot 335 in said district; thence south on a straight line through lots 334 and 333 in the said district to low water mark on said river, and thence up said river along low water mark to the point of starting. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of the said town shall consist of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the town of Diffee, and by that name and style 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 corporation name to contract and to be contracted with, to sue and be sued, to plead and be impleaded in all the courts of this State, and be able in law to purchase, hold, receive, enjoy, preserve and retain for the use and benefit of said town of Diffee, any property, real or personal, for any term of years, within or without the corporate limits of said town for corporate purposes, and to have and use a common seal. Mayor and councilmen, corporate powers. SEC. 4. Be it further enacted, That from and after the passage of this Act, that Daniel S. Stephens, of said town, be, and he is, hereby appointed and constituted mayor of said town; that Joel A. Warren and W. L. Moody, R. C. Hines, and J. T. Chambers, all of said town, be, and they are, hereby constituted councilmen of said town; the said mayor and councilmen to meet as soon as practicable after the passage of this Act and organize the town government, and to hold their respective offices until their successors in office are duly elected and qualified, as is hereinafter provided and directed. Mayor and councilmen named. SEC. 5. Be it further enacted, That on the first Wednesday in January, 1908, an election shall be held for the election of a mayor and four councilmen to succeed the mayor and four councilmen herein appointed and constituted, and annually thereafter on same date there shall be held in the town of Diffee an election for the election of said officers, who shall hold their offices until their successors are elected and qualified; that said officers so elected, shall be qualified and enter upon the discharge of their duties within three days after their election; that at the first election all persons residing within the corporate limits ninety days prior to said election, who would be entitled to vote for

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members of the General Assembly of this State, shall be qualified electors; that at all subsequent elections all persons who have been bona fide residents of said town for sixty days, and who would be entitled to vote for members of the General Assembly of the State, and who, before registering as hereinafter required, have paid all taxes of every description required of them by law, shall be qualified electors. Election of successors. Voters. SEC. 6. Be it further enacted, That such election shall be conducted under the management of a justice of the peace and two freeholders, who are not candidates in said election, or three freeholders who are not candidates in said election, may hold the same; that said managers shall conduct such elections as nearly as possible as elections for members of the General Assembly of said State are conducted. Election managers. The polls at such elections shall open at 8 a. m. and shall close at 3 p. m. After the first election under the charter, the mayor and councilmen 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 said election shall take and subscribe to the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or a justice of the peace to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is justly entitled to do so according to the charter of the town, nor knowingly prohibit any one from voting who is entitled to do so, and we will not knowingly divulge for whom any vote is cast, unless we are called upon to do so under the law; so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts, and shall be made and subscribed by each manager in the presence of the others. SEC. 7. Be it enacted further, That the managers of said elections shall issue a certificate of election to each of the persons so elected, not later than two days after the election, which shall be recorded on the records of said town; that said certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their duties after qualification as herein provided. Certificate of managers. SEC. 8. Be it further enacted, That in the event the office of mayor shall become vacant, or any vacancy shall occur among the councilmen by death or other cause, the mayor, if that office is vacant, the mayor pro tem., or the councilmen if both of said offices shall be vacant, shall order an election to fill such vacancy

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or vacancies, of which election at least ten days' notice shall be given by posting said notice in there of the most public places in said town; that all of the electors 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. 9. Be it further enacted, That the mayor and each councilman shall, as soon as practicable after they receive the certificate of election, make and subscribe the following oath before any person authorized to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor or councilman (as the case may be) of the town of Diffee 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 recoreds of said town. Any person elected as mayor or councilman failing to qualify within ten days after said election, except for providential causes, his office shall be declared vacant by the council of said town. Oath of mayor and councilmen SEC. 10. Be it further enacted, That the mayor and councilmen shall elect annually at the first regular meeting, a mayor pro tem. from among 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. The mayor and councilmen shall elect a clerk, marshal and such other officers as they deem necessary, fix theri fees and salaries, take their bonds and prescribe their duties, all of which said officers shall hold their office for one year, or until their successors are elected and qualified; provided, that any of said officers may be removed from office by the mayor and councilmen for neglect of duty, negligence or malfeasance; all of said officers to take and subscribe the following oath: I do solemnly swear that I will faithfully discharge my duties as an officer of the town of Diffee to the best of my ability and understanding; so help me God, which said oath shall be entered on the records of said town. Mayor pro tem. Other officers. Oath of officers. SEC. 11. 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 property levied upon in accordance with the law governing sheriff's sales; to have the same power to make deeds and place the purchaser in possession as the sheriffs of this State have; that no person shall be eligible to the office of marshal unless he shall have resided in said town for ninety days immediately preceding his election; that before entering upon his duties of regular marshal he shall give such bond as the mayor and councilmen may see fit to prescribe. Marshal. SEC. 12. Be it further enacted, That the clerk of said town

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council shall keep a book to be labeled, Registration book of the town of Diffee, in which he shall register upon application the names of all male persons, who shall take and subscribe the following oath: I do solemnly swear that I am a citizen of the United States, that I have resided in the State of Georgia twelve months, and in the county of Decatur six months, and on the first Wednesday of January next I will have been a bona fide resident of the town of Diffee sixty days, that I am twenty-one years old and have paid all taxes legally required of me; so help me God; that said oath shall be made and subscribed to in presence of the said clerk; that said clerk shall open such registration book thirty days before each regular election, which shall be kept open each day except Sundays and legal holidays until five days before election, when said book shall be closed and a list of the registered voters shall be transcribed therefrom and certified as true and correct by the clerk for the use of the election managers. Registration of voters. SEC. 13. 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 1895 of this State. Illegal voting. SEC. 14. Be it further enacted, That no person shall be eligible to the office of mayor or councilman of said town unless he is twenty-one years of age, a citizen of the United States and the Stae of Georgia, and shall have resided in said town one year previous to the election. Mayor and councilmen, qualifications of. SEC. 15. 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 council, which shall not be increased or diminished during their term of office. Compensation. SEC. 16. Be it further enacted, That the mayor and councilmen shall have the power to make and pass all ordinances, by-laws, rules and regulations which may be necessary for the good government, peace and health of said town, and to enforce the same; provided, they are not in conflict with the laws and Constitution of the State of Georgia nor the United States. General powers. SEC. 17. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the town government of Diffee, the mayor and town council shall have full power and authority and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all the real and personal property within the corporate limits of said town; that to defray the annual expenses of said town government said tax shall not exceed one-half of one per cent. Ad valorem tax.

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SEC. 18. Be it further enacted, That the mayor and council of Diffee shall have the power and authority to license, regulate and control all hotels, restaurants, boarding-houses, liverty-stables, hacks, drays and all other vehicles, auctioneers, itinerant traders, shows, circuses and exhibitions of all kinds; itinerant lightningrod dealers, itinerant dealers in jewelry, peddlers of all kinds, and all other traveling and itenerant venders of any articles, goods, wares and merchandise of every kind and nature, flying-horses, bicycle shops, brokers and agents of any other business whatever; dealers in fish, beef-markets and all other establishments, business or avocation not heretofore mentioned, and which under the Constitution and laws of the State of Georgia are subject to license or other tax. Licenses. SEC. 19. Be it further enacted, That the sale of spirituous, or intoxicating or malt liquors, or lager beer, or other fermented drinks or bitters, or commercial ciders or domestic wines not of their own manufacture, or liquors of any kinds, or patent medicine of whatever kind or name, which, if drank to excess, will produce intoxication, be, and the same are, hereby forever prohibited within the corporate limits of the town of Diffee, and in order to carry out the spirit of and make effectual this section, that the mayor and council of said town shall have the right and powre to enter any place of business where it is suspected that any part or parts of this section is being violated, and to have any drink that is there being sold or offered for sale, analyzed, to ascertain whether or not said drink will intoxicate when drunk to excess. Sale of liquor. SEC. 20. Be it further enacted, That section 19 of this Act shall never be altered, amended or repealed, except upon the unanimous petition of all the freeholders within the corporate limits of said town. Permanent prohibition SEC. 21. Be it further enacted, That there shall be a lien upon all the real estate within the corporate limits of said town for the ad valorem 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 and 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 that liens for county taxes may be enforced or in such manner as the mayor and council may provide. Collection of taxes, etc. SEC. 22. Be it further enacted, That the mayor and council of Diffee shall have the power and authority to levy and collect a street tax in addition to other taxes, said street tax not to exceed three dollars upon each and every male person within the corporate

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limits of said town, subject to road duty under the laws of the State of Georgia; provided, that the said person so taxed shall have an opportunity to work on the streets, and may relieve themselves of said tax by working the streets a certain number of days, the number of days' work in lieu of said tax to be fixed by the mayor and council, and to be under the supervision of the marshal; that any person or persons failing to pay said tax and refusing to work on said streets in lieu thereof, may, after five days' notice, be sentenced by the mayor to work on said streets not to exceed thirty days; that fifteen days' continuous residence in the incorporate limits of the said town shall be sufficient to constitute one a resident thereof so as to subject him to a liability to pay said street tax. Street work or commutation tax. SEC. 23. Be it further enacted, That the mayor and council shall have the power and authority to pass and enforce any ordinances and regulations providing for the arrest, trial and punishment of any offenders against the charter and by-laws of said town, by fine, imprisonment or work on the streets, either one or more of said punishments; provided, said fine shall not exceed fifty dollars, and said imprisonment or period of labor shall not exceed sixty days. Punitive powers. SEC. 24. Be it further enacted, That the mayor shall be the chief executive officer of said town; that he shall have power and authority to appoint special police, when, in his judgment, there shall appear to be the necessity for such appointment, and shall have full control of the same; to sentence and fix the punishment of all the 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 him to the guard-house or common jail of the said county; that he shall have the power, and is hereby authorized, to issue executions for all fines, penalties and costs imposed by him. Executive powers of mayor. SEC. 25. Be it further enacted, That the mayor and council of said town shall have the power and authority to lay out and open up streets in said town, and shall have exclusive control of the streets and alleys of said town, and shall have the power and authority to force any person obstructing any street or alley to remove such obstruction at his or her own expense, and to declare and abate all nuisances. Streets. SEC. 26. Be it further enacted, That there shall be a mayor's court in said town of Diffee for the trial of all offenders against the charter, by-laws and ordinances of said town, to be held by the mayor in council chamber as often as necessary; that in the absence or the disqualification of the mayor, then the mayor pro

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tem., who shall have been chosen, shall hold said court; that in the absence of both the mayor and mayor pro tem., then any one of the councilmen may hold said court, being hereby given the same power and authority as the mayor. Mayor's court. SEC. 27. Be it further enacted, That any person convicted in the mayor's court shall have the right, upon the payment of whatever costs have accrued, to appeal to the full board of councilmen, within four days, upon giving bonds to be fixed by the mayor, mayor pro tem., or acting mayor, and the right is hereby given any person to certiorari from the decision of said board to the superior court of said county, as now provided by law, upon compliance with the laws relative to certioraries to said superior court. Appeals and certiorari. SEC. 28. Be it further enacted, That the mayor and council of Diffee shall have full power and authority to provide by ordinance for the forfeiture of all bail-bonds for appearance before the mayor's court. Forfeiture of bail bonds. SEC. 29. Be it further enacted, That the mayor and council of said town shall have full power and authority to regulate their own meeting and to pass such regulation and by-laws for the conduct of the business of the town, pending before the body, as they may deem fit and proper, and to make such parliamentary rules for the government of the body as to insure the proper enforcement of the provisions of this charter. Rules of council. SEC. 30. Be it further enacted, That it shall be the duty of the marshal of said town to arrest, or cause to be arrested, all disorderly persons, all persons committing or attempting to commit any crime within the corporate limits of said town, and to commit them to the guard-house, or the jail of said county, to await trial, and he is hereby given the power and authority to summon a posse to his aid when necessary; to execute all orders and processes placed in his hands by the proper authority, and to discharge any and all duties imposed upon him by the by-laws and ordinances of said town. Marshal. SEC. 31. Be it further enacted, That the mayor and councilmen, appointed and constituted by this Act, shall meet as soon as practicable after the passage and approval of the same by the Governor of said State, and elect such officers as it is incumbent upon them to elect, pass their by-laws and ordinances, and do all other necessary acts and things to put government of the town of Diffee in operation; to procure such books as will be necessary to keep a clear and distinct record of all their acts and doings, such as minute book, tax digest, ordinary's book; court docket, and all other books that may in any way be necessary for any purpose in connection with the government of the said town of Diffee. Organization.

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SEC. 32. 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 22, 1907. DOOLING, INCORPORATED. No. 51. An Act to incorporate the town of Dooling, in the county of Dooly; to define its corporate limits; to provide for a mayor and councilmen, and other officers of said town; to prescribe their duties, and provide for the enacting of all necessary legislation or ordinances; to provide penalties for the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Dooling, in the county of Dooly, be, and the same is, hereby declared to be incorporated under the name and style of the town of Dooling, and as such shall have perpetual succession; shall be entitled to sue and be sued, plead and implead, have all the rights that are common and incident to municipal corporations in this State, and do such other acts as may be authorized by this Act. Dooling, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall embrace all that territory included within the square, the center of which is the intersection of Main street and First street, and running east from said center six hundred (600) yards, and south from said center six hundred (600) yards, and west from said center six hundred (600) yards, and north from said center six hundred (600) yards, these outer points to be the outer boundaries of said square; the center of said town being the center of the intersection of Main street and First street, according to the original map of said town. Corporate limits. SEC. 3. Be it further enacted, That C. E. Jenkins be, and he is, hereby appointed mayor of the said town, and W. C. Kitchens, W. C. Peterman, R. S. English, W. R. Williams and Joseph Wright are hereby appointed councilmen of said town, to hold their office until their successors are elected and qualified. Mayor and councilmen named. SEC. 4. Be it further enacted, That an election shall be held in said town on the first Wednesday in December of each succeeding year. At the first election held under this charter on the first

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Wednesday in December, 1907, and biennially thereafter there shall be elected a mayor and three councilmen, to hold their office for two years and until their successors are duly elected and qualified, and at the election on the first Wednesday in December, 1908, and biennally thereafter, two councilmen shall be elected, to hold their office for two years and until their successors are elected and qualified, all of which elections shall be held by a justice of the peace of said county and two freeholders of said town, or in case of the absence of a justice of the peace, then by three freeholders of said town, and shall be conducted in all respects as elections for members of the General Assembly in said county of Dooly are now held, and at which elections all persons who have duly registered under the provisions of this charter and are otherwise qualified to vote for members of the General Assembly in said county of Dooly shall be qualified to vote, and the person who receives the highest number of legal votes shall be declared elected and receive from said managers a certificate of such election, and as soon as they take their oath of office shall enter upon the discharge of their official duties of their respective offices. Election of successors. SEC. 5. Be it further enacted, That the clerk and treasurer of said town shall keep a book, to be labeled, Registration book of the town of Dooling, in which upon personal application he shall register, or permit the applicant to register, in alphabetical list, keeping a separate list for white and colored voters, the names of all male persons who shall take and subscribe the following oath: I, , do solemnly swear that I am a citizen and qualified voter of the State of Georgia and county of Dooly, according to the Constitution and laws therefor; that on the first Wednesday in December next I will have been a bona fide resident of the town of Dooling for the sixty days immediately preceding, and have paid all taxes that have been legally demanded of me by said town. Sworn to and subscribed before me, this day of , 19. , clerk and treasurer of the town of Dooling. Such registration book shall be kept open for the registration of voters, from the thirtieth to the tenth day immediately preceding all elections in said town, whether regular, special, or called for any purpose. Said book shall be present at all such elections, in charge of said clerk and treasurer, and for the use and guidance of said managers of such elections, and no person whose name does not appear therein as having so duly registered shall be allowed to vote at any such election. The clerk and treasurer shall for such service in and about such registration receive such pay therefor as may be fixed by the mayor and councilmen of said town, either special or part of his general duties. Registration of voters.

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SEC. 6. Be it further enacted, That before entering upon the discharge of their duties the mayor and councilmen of said town shall, upon the book of minutes of said town, take and subscribe the following oath or affirmation: I do solemnly swear that I will discharge the duties devolving upon me, as mayor or councilman, as the case may be, of the town of Dooling, to the best of my understanding and ability; so help me God, which oath may be administered by any person authorized by the law to administer oaths. Mayor and councilmen oath SEC. 7. Be it further enacted, That said mayor and councilmen shall be the power in meeting assembled, to pass all laws, rules, regulations, by-laws and ordinances that they may deem necessary for the government of said town, the protection of the life, liberty and property of its citizens or sojourners therein, the protection of the well-being, safety and health of all its citizens, and in all matters safeguard the best interest of the people, and do all things needful and necessary that are not repugnant to the Constitution and laws of said State or the United States. General powers. SEC. 8. Be it further enacted, That said mayor and councilmen shall have power and authority to annually levy and collect taxes, not to exceed the sum of one-half of one per centum, upon all property, both real and personal, within the limits of said town that is taxable under the laws of said State. The collection of such taxes may be enforced by execution issued by the clerk and treasurer of said town, issued in the name of the mayor and councilmen of the town of Dooling, and against such delinquent taxpayer, or in rem against property whose owner is unknown, and said execution may be levied by the marshal of said town or his deputy, and after advertisement in any newspaper published in said town, or in three or more public places in said town, sold at an established public place in said town, described in such advertisement, as other sales under tax execution. The mayor and councilmen shall also have the power and authority to require all persons within the corporate limits of said town, who are subject to road duty under the laws of said State, to work the streets of said town under the direction of the marshal or his deputy for a period of ten days in each year, or they may divide said work into different periods, not to exceed in the aggregate ten days in each calendar year, or they may prescribe a commutation tax not to exceed the sum of three dollars, which may be paid in lieu of such work upon the streets. Ad valorem tax. Street work or commutation tax. SEC. 9. Be it further enacted, That the mayor of said town and in his absence the mayor pro tem. (who shall be elected from among the councilmen by the councilmen themselves) shall be

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chief executive officer of said town. It shall be his duty to see that all the ordinances, by-laws, rules, regulations and orders of the mayor, or the mayor and councilmen, are fully executed, and he shall have control of the marshal of said town and his deputies, and he may appoint special police whenever he may deem it necessary, and it shall be his special duty to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have the power to issue execution for all fines, penalties and costs imposed by him, and issue warrants for the arrest of all disorderly persons or those guilty of disorderly conduct in said town, and in default of immediate payment of all fines and penalties and costs imposed, he may imprison the offender. The fine imposed by said mayor or mayor pro tem. shall in no case exceed the sum of one hundred dollars, and the imprisonment shall be in the common guard-house of said town, or such other place of safe-keeping as they may designate, and shall not be for longer than ninety days, or he may, in lieu of imprisonment, sentence such offender to work upon the streets of said town for a period not to exceed ninety days from the date of such sentence, or to date when the same is finally put into execution. Executive powers of mayor. SEC. 10. Be it further enacted, That said mayor and councilmen, at their first meeting after they have been elected and installed, shall elect a clerk and treasurer, who may be one of their own number or any citizen of said town, and at the same time they shall elect a marshal and if necessary a deputy marshal. Before entering upon the discharge of their duties, such clerk and treasurer shall execute a good and solvent bond, made payable to the mayor and councilmen of the town of Dooling and their successors in office, in such sum as may be required by said mayor and councilmen, in a sum not less than one thousand dollars, and such marshal and such deputy marshal shall likewise execute a bond in such sum as may be likewise required, in a sum not less than five hundred dollars, each conditioned that they will well and truly and faithfully discharge the duties pertaining to their respective office and well and truly account for and pay over upon demand to their successors, or to the mayor and councilmen, if required, all monies in their hands that may belong to said town, and shall also take and subscribe an oath, to be administered by said mayor or mayor pro tem. to well and truly faithfully discharge all the duties pertaining to their respective offices to the best of their skill and power. Clerk, treasurer, and marshal. SEC. 11. Be it further enacted, That the clerk and treasurer

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and the marshal and deputy marshal of said town shall receive from the public treasury such salaries as the mayor and councilmen in meeting assembled may deem just and proper, said salaries to be determined before the election of such officers. Salaries. SEC. 12. Be it further enacted, That the mayor of said town shall receive as his compensation from the public treasury such salary as the councilmen at their first meeting after their installation in each year may fix, not to exceed fifty dollars per annum. Salary of mayor. SEC. 13. Be it further enacted, That in case of the death, resignation or removal from the limits of said town of the mayor, upon such fact being made known to the mayor pro tem. he shall order an election to fill such vacancy; and in case of the death, resignation or removal from the limits of said town of any councilman, then upon such fact being made known to the mayor, he shall order an election to fill such vacancy. All elections to fill such vacancies shall be held at the usual place of holding the regular elections in such town, after publication of notice in any newspaper published in said town, or at three or more places in said town, for the space of thirty days, in which notice the time and place of such election shall be specified and the vacancy or vacancies to be filled; and all the provisions of this charter in reference to the holding of regular elections shall apply to such special election. Vacancies. SEC. 14. Be it further enacted, That said mayor and councilmen shall have power to tax all shows to which admission fee is charged and in addition to the ad valorem tax hereinbefore specified shall have the power to tax all business enterprises or callings in said town, as they may deem to the best interest of said town. Specific taxes. SEC. 15. Be it further enacted, That the mayor and councilmen shall have the power to close, open, alter, cut and keep in good order and repair the roads, streets, avenues, alleys, sidewalks, crossways, street crossings and ditches of said town for the use of the public and the citizens thereof, and keep them from obstruction, and abate or cause to be abated what, in the opinion of a majority of the whole council, should be a nuisance; and enact all necessary rules and regulations, including compulsory vaccination, to protect the health of the town, and for general sanitary purposes. Streets, etc SEC. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1907.

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DOUGLASVILLE, CHARTER AMENDED. No. 50. An Act to amend an Act approved August 26, 1891, creating a new charter for the town of Douglasville, in Douglas county, so as to authorize the mayor and council of said town to levy a business and license tax against the various kinds of business conducted in said town, and to provide the methods of collecting such license tax, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act creating a new charter for the town of Douglasville, in the county of Douglas, approved August 26, 1891, be, and the same is, hereby amended by granting to the mayor and council of said town the power and authority, in addition to such power and authority granted it by section nine of said Act, the further power and authority to require any person, firm or corporation, whether a resident or a non-resident of the town of Douglasville, engaged in or carrying on, or who may engage in or carry on, any business, trade, vocation or avocation within the incorporate limits of said town, either by themselves or their agents, to register their names and business, calling, trade, vocation or avocation, annually, and to require such person, firm or corporation to pay for such registration and for such license to prosecute, carry on, or engage in such business, calling, vocation, avocation, or trade, such amount as the mayor and council 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 said special tax and to register, who shall engage in, or offer or attempt to engage in such business, calling, trade, vocation or avocation, without first complying in all respects with the town 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 mayor's court for failure to pay such tax. Douglasville. Specific taxes. SEC. 2. 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 businesses, trades, vocations

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and avocations carried on in said town into classes of subjects for taxation as they may deem just and proper. Collection of taxes, etc. SEC. 3. 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 and express companies, doing business in said town, said special tax may be collected by fi. fa. as ad valorem taxes are collected. On all persons or corporations failing to pay special taxes, the mayor and council may by ordinance prescribe a punishment for such failure. Special taxes. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 13, 1907. EASTMAN, NEW CHARTER. No. 288. An Act to create a new charter for the city of Eastman, in the county of Dodge, define its limits, create a municipal government therefor, declare its rights and powers, and for other purposes. SECTION 1. Be it, and it is hereby, enacted by the General Assembly of the State of Georgia, That the inhabitants within the territory heretofore created a body corporate under the name of the city of Eastman, in the county of Dodge, shall continue a body politic and corporate under the corporate name of the mayor and council of the city of Eastman, being hereby incorporated under said name, and under said name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations; and said city may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make, enact and enforce through its mayor and council such ordinances, rules and regulations for the welfare and proper government of said city as its said officers may deem proper; buy, have, hold, receive or possess, or rent, lease, sell or convey such property, real or personal, as may be necessary or advisable, and do all such acts and things not prohibited by law as may be necessary or advisable for the proper conduct and management of the affairs of said municipal corporation. Eastman, city of incorporated. Corporate powers.

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SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall be the same as the corporate limits of the city of Eastman as at present incorporated and as provided in the following Acts of the Legislature relating to said city of Eastman, whether referred to as city or town, to wit: An Act approved December 15, 1871, an Act approved February 27, 1875, an Act approved September 17, 1879, an Act approved September 12, 1889, all of which said Acts to the extent that they refer to the corporate limits of the city of Eastman, whether referred to as city or town, being hereby adopted and made a part of this Act for the purpose of fixing and defining the corporate limits of said city of Eastman, the corporate limits of the city of Eastman hereby incorporated being hereby established in accordance with the corporate limits fixed in the Acts above referred to. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said city shall be vested in a mayor and five councilmen, who shall constitute the city council, and who shall be elected and whose terms of office shall be as follows, to wit: On the second Monday in January 1908, an election shall be held in said city for the purpose of electing a mayor and council under this charter, at which election a mayor shall be elected for one year and five councilmen, the two receiving the highest vote in said election to serve for two years, the other three to serve for one year. Thereafter the term of office of the mayor shall be for one year and the terms of office of all councilmen shall be for two years. On the second Monday in January of each year an election shall be held at which election a mayor and either two or three councilmen shall be elected accordingly as a two year term of either two or three of such councilmen shall be about to expire. All officers of said city shall serve until their successors are elected and installed; provided, the present mayor and council of the city of Eastman shall continue to serve as mayor and council of said city under this charter until their successors shall have been elected and qualified. Mayor and councilmen, election and term of office. SEC. 4. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman who shall not be twenty-one years of age and have resided in said city for twelve months immediately preceding his election and be a qualified voter and entitled to register in the municipal elections of said city. Qualifications of mayor and councilmen SEC. 5. Be it enacted by the authority aforesaid, That all elections for municipal officers of said city or for other purposes shall be under the supervision and conducted by three managers to be designated by the mayor and council, who shall be citizens of said

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city and entitled to vote in the elections for officers thereof, and before entering upon their duties shall subscribe to an oath to faithfully and impartially discharge the duties of such managers and truly declare the result of such election. Said managers shall keep two lists of voters and two tally sheets, and at the conclusion of the count shall deposit the same together with the votes cast and a certificate of the result of the election with the clerk of the council, declaring elected persons receiving the highest vote. The place of holding said election shall be designated by the mayor and council and the polls shall be kept open between the hours of eight and three o'clock. Election managers. SEC. 6. Be it further enacted, That every male citizen of said city, twenty-one years of age, who shall have been a resident of this State for twelve months next preceding said election, and three months within the corporate limits of said city, and shall have paid all taxes due by him to said city, and who is registered according to the laws of said city and qualified to vote for members of the General Assembly of said State, shall be qualified to vote at any election held in and for said city for any purpose whatever. Voters. SEC. 7. Be it further enacted, That within three days after any election for mayor and councilmen or either, the acting mayor shall call a meeting of the acting council, notice of the time and place of which shall be given by the mayor to the newly-elected mayor and councilmen or either, before which meeting said mayor and council-elect or either shall appear and subscribe to the following oath before some officer authorized to administer oaths: I do solemnly swear that I will faithfully discharge all of the duties devolving upon me as mayor (or councilman) of the city of Eastman during my continuance in office, and faithfully and diligently enforce the laws of said city and the State, and, to the best of my ability, advance the interests of said city, and discharge the duties of its officers without partiality or favor; so help me God. Oath of mayor and councilmen SEC. 8. Be it further enacted, That the mayor shall be the chief executive officer of said city. It shall be his duty to preside at all meetings of the city council; to see that all proceedings are conducted in a parliamentary manner; to preserve order and decorum at all meetings of the council, whether regular or called, and to that end is hereby authorized to punish any person guilty of contempt before said council by imposing such penalty as may be authorized for violations of the municipal ordinances, and to require the marshals of said city to enforce the same as in other cases; to see that all laws, ordinances, rules, regulations and resolutions of said city or the council are faithfully and fully executed

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and enforced; to appoint and be an ex-officio member of all committees; to see that the officers of said city shall faithfully perform the duties required of them; to see that all municipal and State laws are enforced within the limits of said city; to carefully audit the finances of said city and see that all funds are properly accounted for, and that all revenues are properly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient; to inspect the records and books of account of the officers of said city and see that they are properly and correctly kept; to require such reports made by such officers to the council as he may see proper; to see that order is maintained in said city, and that its property and effects are preserved. Said mayor shall exercise a general supervision and jurisdiction over the affairs of said city; he shall have authority to convene the council in extra session as frequently as he may deem proper; to suspend without pay for a period not exceeding thirty days any officer of said city failing to comply with any order of his, or to enforce or execute any law or laws or rule or regulation of said city or any requirement of the council; to exercise the function of a committing court; to punish for contempt before the mayor's court or the council by inflicting such penalty or penalties as may be authorized by the violation of municipal ordinances; to appoint such special police officers as he may see fit; to bind said city by signing any contract or deed or other matter entered into or authorized by the city council, and to do such other acts and things as may be necessary and proper in the proper conduct of the affairs of said city, and as may be herein further authorized. Executive powers of mayor. SEC. 9. Be it further enacted, That it shall be the duty of the councilmen to faithfully and diligently discharge such duties as are usual to such office; to attend all regular and special meetings of the council; to faithfully and diligently look after the affairs of said city and faithfully and attentively perform such services as they may be required to do by the mayor of said city on committees and otherwise. Duties of councilmen SEC. 10. Be it further enacted, That said city council shall have the right to elect a mayor pro tem. from their body, who, in the absence, disqualification or disability of the mayor, shall have such authority as is herein vested in and be required to perform such services as are herein required of the mayor. Mayor pro tem. SEC. 11. Be it further enacted, That in the absence of both the mayor and mayor pro tem., the members of the council shall appoint some member of their body to act in the stead of the mayor

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during such time, and said person shall have all the authority of the mayor during such time as he may be thus acting. Mayor pro tem. SEC. 12. Be it further enacted, That said council shall be authorized to employ such police officers as they may see fit for the proper police protection of said city, which officers shall be known and designated as marshals, or marshals and deputy marshals, as may be provided by ordinance, and who shall be elected for such term not exceeding twelve months as the council may see fit, and who shall receive such compensation as may be fixed by the council, and any one of whom shall be clothed with such authority as may hereinafter be conferred upon the marshal, and who shall be directly responsible and accountable to the mayor of said city and subject to his orders; to elect a clerk and a treasurer, one person being hereby made eligible to fill both places, to fix his duties, compensation and term of office not exceeding one year, any one or all of which officers shall be subject to removal at the will of the council without notice and without trial, and without the right to receive any further pay. The council shall be further authorized to employ such help as may be necessary to the proper conduct of the several city enterprises, who shall receive such compensation as may be fixed by the council, and who shall be subject to removal without notice, and to employ and appoint such other officers as may be hereinafter provided, or as the city council may see fit. Municipal officers. SEC. 13. Be it further enacted, That the city council shall have the right to fix such salaries for the mayor and councilmen as it shall see fit, which salaries shall not be increased or diminished during their continuance in office, said salaries to be fixed at the last regular meeting preceding each regular election. Salaries. SEC. 14. Be it further enacted, That all officers elected by said city council shall be required to give such bonds and subscribe to such oaths of office as may be required by the council. Oath and bond of officers. SEC. 15. Be it further enacted, That the mayor of said city shall give notice of all elections, and who will be the managers, and where the same will be held at least ten days before said election by publishing such notice one time in some newspaper published in said city; and in the event there should be a vacancy in the office of councilman the mayor shall immediately call a special election to be held under the same rules and regulations as regular elections, notice of such call prescribing the time and place for holding said election to be published in some newspaper published in said city one time at least ten days before the date of said election, and in the event of a vacancy in the office of mayor, a majority of the council then acting shall call an election to fill said

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vacancy in the manner above prescribed, the registration of the last preceding election to determine who shall be entitled to vote in said election, the rules governing in regular elections to govern and control in all elections of whatever kind in and for said city. Notice of elections. Vacancies. SEC. 16. Be it further enacted, That the mayor shall not vote on any question except in case of a tie, and that no ordinance or resolution by the city council shall become effective until the same shall have been approved by the mayor, unless the mayor shall fail within three days from its passage to file with the clerk of council his reasons for refusing to approve said resolution or ordinance. Upon the mayor so filing his reasons for not approving the same, a meeting of the council shall be called for such time as may be requested by a majority of the council before which the clerk shall read the order of the mayor refusing to approve such ordinance or resolution, which may then be passed without the approval of the mayor upon a majority of the members of the council voting therefor. In the event no special meeting is called, the clerk shall read the order refusing to approve any ordinance or resolution before the next regular meeting of the council, which may be then passed as above provided. Vote and veto of mayor. SEC. 17. Be it further enacted, That meetings of the city councill shall be held at such times and places as may be by the council determined. Four members, including the mayor, shall constitute a quorum. The council may provide such rules and regulations with respect to its ordinances and resolutions becoming effective, not inconsistent with the provisions thereof, as it sees proper. Meetings of council. SEC. 18. Be it further enacted, That in addition to such duties as may be prescribed by the council, it shall be the duty of the clerk to attend all meetings of the council, keep a careful and accurate record of its proceedings, including a record of the yea and nay votes on all questions before the council; keep an accurate set of books showing in detail all items of income and expense of said city, present to the council monthly a detailed statement of the financial condition of said city and publish the same, carefully collect all revenues due said city from whatever source, the said clerk and his bondsmen being hereby made responsible for any sum that he shall fail to collect through omission or negligence; furnish to the mayor or to the council such information as may be requested by either, open his books at any time to any citizen of said city requesting to see the same, and perform such other duties as may be required of him by the mayor or by the city council. Duties of clerk. SEC 19. Be it further enacted, That the city council may in

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their discretion elect a city attorney, whose duty it shall be to draft such ordinances as may be required by the council, attend such meetings of the council as may be required; prosecute offenders before the mayor's court when requested by the mayor or directed by the council, and perform such other duties as may be required by the council, the compensation of such attorney to be such as may be fixed by the council. City attorney. SEC. 20. Be it further enacted, That the city council shall have the right and authority in its discretion to elect a board of health consisting of such number of citizens of said city, one of whom shall be a practicing physician, as the council shall see proper. Said board of health or any member thereof shall have the right to inspect the premises of any citizen, prescribe such regulations for the sanitary protection of said city as it may see fit, abate nuisances endangering the health of said city under the same conditions as may obtain for the abatement of nuisances before the city council; have its orders enforced by the marshals, and have such other authority and powers as may be conferred upon it by ordinances of the city council. Board of health. SEC. 21. Be it further enacted, That the mayor of said city shall have the right and authority to hold a mayor's court in and for said city at such time and place as may be prescribed by ordinances of the city council, for the trial of offenses committed against the by-laws, rules, regulations and ordinances of said city, and for such violations to punish by fine not to exceed one hundred dollars, by confinement in the guardhouse or jail of said city, or the common jail of Dodge county, not exceeding sixty days, or by work on the chaingang, public works, streets or alleys of said city not exceeding sixty days, any one or more or all three of which penalties may be imposed in the discretion of the mayor. If in the trial of any case before said mayor's court it shall appear that a State offense has been committed by the person being tried, it shall be the duty of the mayor to bind said person over to the State courts to answer for said offense, said commitment to take effect at the expiration of such term of service as may be imposed by the mayor for the commission of the city offense. 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, by punishing as for contempt, and to punish for contempt by imposing such penalties as the mayor or acting mayor may see fit, not exceeding the punishment authorized for the violation of municipal offenses. In the absence, disability or disqualification of the mayor, the mayor pro tem. and in his absence, disability or disqualification, any member of the council designated

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by it shall have the right to preside in said court and exercise all of the rights, powers and functions of the mayor therein. Mayor's court. SEC. 22. Be it further enacted, That the city council shall have the right to build and keep a guardhouse or jail and to organize a chaingang and confine at labor therein any person who may be sentenced to work thereon from the mayor's court, said chaingang to be established, operated and conducted under such rules and regulations as may be prescribed by the city council. Guardhouse and chaingang. SEC. 23. Be it further enacted, That if the mayor or any member of the council shall be guilty of wilful neglect of duty, or fail to enforce and carry out the charter provisions or ordinances of said city, or shall grossly and wilfully abuse the powers entrusted to them, or otherwise be guilty of malpractice in office, he shall be subject to indictment and punishment as for a misdemeanor before any court of Dodge county having jurisdiction thereof. Malpractice. SEC. 24. Be it further enacted, That the city council shall have the right and power to prevent cattle, horses, mules, hogs, goats, dogs or other animals from running at large in said city or being confined in pens therein; to take up, impound and sell any animal running at large in violation of any ordinance of said city, and to prescribe such rules and regulations with respect thereto as the council may see proper. Stock law SEC. 25. Be it further enacted, That the city council shall have the right among other ways to enforce by execution the collection of any debt or claim due said city for taxes, licenses, rents, impounding fees, bond forfeitures, fines, etc., or for any other claim or demand on account of any matter whatever. Executions herein authorized shall be issued by the clerk of said city or the person acting at his direction, or at the direction of the council in the absence or disability of the clerk, bear test in the name of the mayor, and directed to the marshals of said city, and against the person, firm, or corporation or property by whom said debt or demand is due or against which it is chargeable, and shall be by said marshals or either of them levied upon any property, real or personal, within or without the corporate limits of said city that may be subject to said execution, and may be sold before the courthouse door of Dodge county or before the council chamber by any marshal of said city for the purpose of satisfying said execution. When such property is realty, it shall be sold on the regular salesday for sheriff's sales after advertisement in some newspaper published in said county of Dodge for four weeks preceding such sale; when personalty it may be sold after posting advertisements for ten days at any three public places within the corporate limits of said city. All sales herein provided for shall be at public outcry

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to the highest bidder for cash, and deeds made by the marshals of said city in pursuance of any such sale shall have all the force and effect of a sheriff's deed. The levy and sales herein provided for may be had by any officer acting under appointment of the mayor as well as the regular marshals. Collection of taxes, etc. SEC. 26. Be it further enacted, That it shall be lawful for the marshals of said city to arrest without warrant any person within the corporate limits of said city who at or before the time of said arrest has been guilty of violating any of the ordinances of said city, and to hold the persons arrested until trial in the guardhouse of said city or such place as may be by the city council provided. Said marshals are likewise authorized to make arrests for State offense to appear before the mayor's court, said bonds to be and under the same circumstances as the sheriffs of this State. Arrest without warrant. SEC. 27. Be it further enacted, That the marshals of said city may take bond for the appearance of any person arrested for any offense to appear before the mayor's court, said bonds to be taken and approved in such manner as may be provided by the city council. In the event any person for whom bond may be taken to appear before the mayor's court should fail to appear upon the call of the case in said court at the time provided for his appearance, the presiding officer shall declare said bond forfeited and so enter upon the docket and execution shall immediately issue against the principals and sureties on said bond and levied as other executions. Appearance bonds. SEC. 28. Be it further enacted, That the city council shall have the right to declare by resolution or ordinance what shall constitute a nuisance and provide for the abatement of the same. The mayor's court of said city shall have concurrent jurisdiction with the city council in trying and determining the question of what shall constitute a nuisance and in the abatement of all nuisances within said city. When any given thing has been declared by the city council to constitute a nuisance the same may be abated by order of the mayor and the person maintaining the same may be punished as provided for the violation of municipal offenses for every day that the same may be maintained after its abatement has been ordered. Where any given matter has not been declared by ordinances of the city council to be a nuisance, the question of whether it amounts to a nuisance may be tried and determined before the mayor's court and its abatement ordered and the punishment above provided for inflicted. In either event, where possible to do so, the person or persons or corporation maintaining the same shall be given at least three days' notice of the time and place of trial and the subject matter of the same before said trial shall be had. Nuisances.

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SEC. 29. Be it further enacted, That the city council shall have the right and authority to levy and collect upon all property within said city, real or personal, and upon all moneys, notes, accounts, stocks, bonds and all other species of personal property owned by residents of said city, whether the moneys shall be deposited within or without said city, whether the notes and accounts shall be due by persons living within or without said city, and whether the stocks and bonds shall be in corporations located within or without the corporate limits of said city, and whether said corporations shall be required to be returned for the purposes of State taxation by the president thereof or not, an ad valorem tax for each year not exceeding one and 25-100 dollars on the one hundred dollars of property; provided, said tax rate may be increased for any one year by two-thirds of the residents of said city at an election to be held for that purpose voting for said increase, said taxes to be levied and collected for such purpose as said city shall undertake to raise revenue. Ad valorem tax. SEC. 30. Be it further enacted, That it shall be the duty of the city council to provide blanks for the return of property for taxation, in which blanks, in addition to other species of property, every species of property subject to taxation in said city now referred to in the return blanks for State and county purposes shall be referred to, upon which blank every citizen of said city and every owner of property therein shall be required to make return under oath at its full, fair market value, all property, real and personal, and all classes of property hereinbefore referred to, to the clerk of council at such times and as of such dates as may be required by the city council. It shall be the duty of the clerks of council, or some other person authorized to administer oaths, to administer an oath to every person making return before the same is made, that they will make a full and complete return of all such property as may be owned or controlled by such person subject to taxation in said city. In said return all real estate shall be fully described, but no valuation shall be placed thereon. All personal property shall be fully described and a valuation placed thereon. In returning notes and accounts, stocks, bonds, etc., in addition to the value placed thereon, the full face value shall be stated. In returning stocks of goods in addition to the valuation placed thereon, the full cost price shall be stated, and no tax returns shall be received unless this is done. Tax returns. SEC. 31. Be it further enacted, That all property not returned for taxation within the time provided by the city council shall be double-taxed. Double tax. SEC. 32. Be it further enacted, That on or before the first

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meeting in February of each year the city council shall elect three of the most upright and intelligent citizens of said city as city tax assessors. Said assessors or either of them shall hold office not exceeding two years for such time as may be prescribed by the city council. Should a vacancy occur in said board at any time for any reason, the same may be immediately filled by the council. Should any member of said board of tax assessors refuse or fail to serve or fail or neglect to do his duty, of which the city council shall be the exclusive judge, he may be removed in the discretion of the council. Before entering upon the discharge of their duties the said board of tax assessors shall, before the mayor, or in his absence or disability, before some other person authorized to administer oaths, subscribe to the following oath: We do solemnly swear that we will faithfully perform the duties of the office of tax assessors for the city of Eastman without favor to any one, and will make a just and true valuation at its full, fair market value, of all property therein subject to taxation as provided in the charter and ordinances of said city; so help us God. Said three persons, one of whom shall be by their number designated as chairman, shall constitute the board of tax assessors for said city for the time they may be elected. Said assessors shall receive such compensation as may be provided by the city council. Tax assessors. SEC. 33. Be it further enacted, That it shall be the duty of said tax assessors within such time as may be provided by the city council to meet and carefully canvas all tax returns made to said city, placing a valuation on all real estate returned at the full, fair market value of such real estate, and placing additional valuations on all personalty or other property that in the judgment of said tax assessors has been returned at less than its full, fair market value. It shall be the duty of said assessors to carefully and diligently seek to ascertain the fair market value of all property returned or that they shall assess, and to this end shall inspect the property where necessary, and make such other investigation as may be necessary to ascertain the true value of all property subject to taxation by said city. It shall further be the duty of said assessors to make careful investigation for the purpose of determining whether all property subject to taxation by said city has been returned, and where it is found that it has not been, said property shall be assessed at double its true value. Said board of assessors shall cause notice by mail or otherwise to be served on all persons whose property is assessed, it being a sufficient compliance herewith to cause notice to be deposited in the post office at Eastman properly stamped and addressed, where the address is known. Assessments.

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SEC. 34. Be it further enacted, That said board of assessors shall have the right to subp[oelig]na witnesses and hear evidence, to compel the production of books and papers and punish for contempt, inflicting such penalties in enforcing the authority herein conferred as may be inflicted in the mayor's court for a violation of the ordinances of said city. In subp[oelig]naing any witness or compelling the production of any books or papers, it shall be sufficient to give said witness three days' notice to attend before said board of assessors at such time and place within said city as may be designated, or to produce such books and papers as may be desired. Powers of tax assessors. SEC. 35. Be it further enacted, That the clerk of the city council shall be clerk of the board of assessors, and shall perform such services in connection with said board as may be by said assessors directed. Said clerk shall issue all subp[oelig]nas and notices which shall bear test in the name of the board of tax assessors. Clerk. SEC. 36. Be it further enacted, That within such time as may be directed by the ordinances of said city, said assessors shall make report to the city council of its actings and doings, after which the city council shall cause taxes to be collected in with the valuations fixed by said assessors or that they have returned approved. A majority of said assessors shall constitute a quorum and have all the rights and powers of the whole. Reports of assessors. SEC. 37. Be it further enacted, That it shall be the duty of the city council to provide a tax digest in which the clerk shall enter the values of all property returned after the same shall have been assessed by the tax assessors to the same extent and as fully as is now done by counties. Tax digest. SEC. 38. Be it further enacted, That said board of assessors shall have the right to fix such rules and regulations not contrary to the charter and ordinances of said city, as it may see fit. Rules of assessors. SEC. 39. Be it further enacted, That the city council of said city shall have the right and authority to provide for and collect a special license tax from any person, firm or corporation, or the agent thereof, engaged in carrying on either temporarily or permanently, or who shall offer to so carry on or engage in, any business, profession or calling of any kind or character within the corporate limits of said city, or from any itinerant trader or peddler, or from any person engaged in carrying on or offering to carry on any sort of trade, trick or device or show or anything akin thereto within said city, said tax; to fully regulate and control all kinds and characters of trade, business or callings carried on or engaged in within said city, to provide for said license being paid before engaging in said business or calling, and to provide

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for a penalty as for the violation of municipal ordinances against any person, firm or corporation violating any such ordinance or ordinances. License tax. SEC. 40. Be it further enacted, That every male person between the ages of eighteen and fifty years who has resided in said city for fifteen days shall be liable and subject to work on the streets and sidewalks of said city not exceeding fifteen days in each year, or to pay a commutation tax not exceeding fifteen dollars in lieu thereof as the council may determine, and the city council is hereby authorized to provide that any person failing or refusing to so work or pay when called upon so to do, may be tried and when convicted in the mayor's court, punished as for the violation of the ordinances of said city. Street work or commutation tax. SEC. 41. Be it further enacted, That the city council shall have the power and authority to widen, extend, straighten or otherwise alter any street, lane, alley or square therein, and to this end is hereby given the right to exercise the power of eminent domain and to condemn the lands of any person, firm or corporation, or of any railroad corporation, as may be necessary. Whenever the authority herein conferred shall be exercised, the proceedings or procedure shall be the same as in cases where the right of eminent domain is exercised under the State law, as in the State laws provided, and subject to all its provisions. Streets, etc. SEC. 42. Be it further enacted, That it shall be the duty of the city council of said city to keep the streets and sidewalks in good condition and to this end shall have full power and authority in their discretion to grade, pave, macadamize, drain or otherwise improve the sidewalks and streets of said city, and shall have the right and power to assess the cost of paving or otherwise improving the sidewalks or the real estate abutting on the sidewalk so improved, and collect the cost of same by execution, levy and sale. Assessments for street improvements SEC. 43. Be it further enacted, That the city council shall have the right and authority to require any railroad company whose tracks run through or across or parallel with any street in said city immediately adjacent to said tracks, to put the same on a grade or level with said street, to put the space between the tracks and so much of the space adjacent to the tracks as may be right of way on such level, and to so fix and keep the tracks and so much of the space adjacent thereto as may be right of way in such condition as that the same may be readily crossed by buggies and other vehicles. Upon any such railroad company failing to comply with any requirement of the city council to this effect, said council may have the necessary work done and collect the same out of such railroad company by execution, levy and sale. Tracks of railroads.

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SEC. 44. Be it further enacted, That it shall not be lawful to sell or permit the sale of whisky, wines, beer or any character of intoxicating liquors within the corporate limits of said city. The city council are hereby authorized to prohibit the sale or to prohibit whiskies, wines, beers or any character of intoxicating liquors being kept for sale within said city and to provide for the punishment of any person selling or keeping for sale such liquors. The marshal or any police officer of said city is hereby authorized to enter and if necessary to break open any place where it may be suspected that intoxicating liquors are being kept for illegal sale, and to seize said liquors and, upon order of the mayor, destroy the same. Sale of liquor. SEC. 45. Be it further enacted, That the city council of said city shall have the right and power to enact ordinances preventing the delivery within the corporate limits of said city of wine, beer, whisky or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to provide a penalty for so doing, and to provide for the seizure and destruction in the hands of any person, firm or corporation of any such liquors as may be shipped to said city for delivery. Delivery of liquor prohibited. SEC. 46. Be it further enacted, That the city council shall have the right and power to fix such limits within said city as it may see fit which shall be known as the fire limits, and may prescribe what class of buildings shall be erected within such limits and prohibit any other kind or class of buildings from being erected, and provide for the punishment of any person, firm or corporation erecting or attempting to erect any building not coming within the prescribed classification; to provide for the issuance of building permits, and condemn and destroy at the expense of the owner in the manner provided for the abatement of nuisances any building within said city which may be dangerous to life, health or property, or that may be dangerous from the standpoint of fire or likely to cause the origin or spread of the same. Fire limits. SEC. 47. Be it further enacted, That the city council in each year shall collect and set aside the sinking fund now provided for paying off the bonded indebtedness of the city of Eastman as at present incorporated. It shall be the duty of the city council in each year to require the treasurer of said city to separately deposit the amount now provided for by the ordinances of the city of Eastman as such sinking fund and to keep the same separate and distinct from other funds, and the members of the council failing to have said sinking fund set aside, the treasurer and his bondsmen failing to set aside the same or drawing on the same

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for any other purpose than paying off said bonds, or the members of any council appropriating or causing to be used said fund or any part thereof after it shall have been set aside for any other purpose than paying off said bonded indebtedness, shall severally and individually be liable at the suit of the mayor and council of the city of Eastman, or any citizen thereof, for the use of said city brought at any time thereafter, for such sum as they may have failed to set aside, or drawn out for any other purpose, or used or caused to be appropriated for any other purpose than paying off said bonded indebtedness. Where the same is entirely solvent and safe, said fund shall be deposited in the bank in said city at which the highest rate of interest may be obtained and shall be safely kept until the maturity of the bonds for the payment of which it may have been set aside. Sinking fund. SEC. 48. Be it further enacted, That the city council shall have the right to revoke at any time without notice and without trial any license that may have been issued by said city by prorating and returning the unearned portion of the fee charged. Revocation of license. SEC. 49. Be it further enacted, That the city council shall have the right and authority to provide such rules and regulations for the registration of voters as it may see proper, and prohibit any person voting in any election in and for said city who may not have complied with the same; provided, such rules and regulations shall not be changed within six months next preceding any regular election. Registration of voters. SEC. 50. Be it further enacted, That the city council shall have the right and authority to pass such ordinances and regulations as it shall see fit preventing idleness, vagrancy, loafing and loitering on the streets or within the corporate limits of said city, and to prescribe a penalty for a violation thereof, to try and punish in the mayor's court any person guilty of vagrancy, and to provide a penalty therefor. Vagrancy. SEC. 51. Be it further enacted, That the city council shall have the right and authority to provide such rules and regulations and to provide for the punishment of a violation of the same, as shall fully protect the health and sanitary conditions of said city; to require the removal of all garbage, filth, dirt, dead animals, weeds, undergrowth and all and everything likely to cause sickness from any occupied or unoccupied lot or place; to cause to be made as often as it may see fit a thorough inspection of the premises of all citizens of said city; to regulate all sewers, drains, wells, ditches, privies, etc.; to prescribe such rules and regulations with respect thereto as it may see fit, and to provide for a penalty for a violation of the same; to take such action as may be necessary to

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put in a sanitary condition the premises of any citizen or any unoccupied lot or place within said city and collect the cost of same by execution out of the owner of such lot, place or premises; to take such action as may be necessary to prevent the spread of contagious diseases, and to do all such acts and things as may be necessary for the perfect sanitary protection of said city. Sanitation. SEC. 52. Be it further provided, That the city council shall have the right and authority to prohibit by ordinance any person engaging in or carrying on any sort or character of business in said city on the Sabbath day, or keeping open any place of business on said day, or engaging in any game or sport within said city on said day, or congregating in crowds within said city on said day, or engaging in any character of noisy or boisterous conduct, or from doing or engaging in anything tending to desecrate or disturb the Sabbath, and to provide for a penalty for a violation of the same, jurisdiction being hereby conferred upon the mayor's court of said city to punish for the foregoing offenses. Sabbath day. SEC. 53. Be it further enacted, That the city council shall have the right and power to prohibit by ordinance any tramp, streetwalker, vagrant, idle person or lewd female from walking the streets and sidewalks of said city and provide for the punishment of a violation of the same. Said mayor and council shall have the right to prohibit persons living in a state of adultery within said city and provide for the punishment of the same, and jurisdiction is hereby conferred upon the mayor's court of said city to try and punish said offenses. Said city council shall likewise have the right to prohibit lewd or disorderly houses being run or maintained within said city and to punish for a violation of same, jurisdiction being hereby conferred upon the mayor's court for such purpose, and wherever there is reason to suspect that any character of immoral practices are being engaged in in any house or room in said city, or that gambling is being carried on therein, the marshals or any police officer of said city is hereby authorized to enter said house or room by force or otherwise and arrest the persons therein to be dealt with before the mayor's court as in other cases. Police powers. SEC. 54. Be it further enacted, That the funds of said city shall be paid out only upon vouchers drawn by the clerk upon the treasurer and countersigned by the mayor, and no amount shall be paid out for any purpose whatever until the voucher or check drawn for such purpose shall have been countersigned by the mayor, the treasurer and his bondsmen being hereby made responsible for any funds paid out in a manner other than as herein provided. Disbursements of city funds.

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SEC. 55. Be it further enacted, That the city council shall have the right and power to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to carry out and enforce the authority granted under this charter, and as they may think necessary for the good order, peace, health, prosperity, comfort and security of said city and the inhabitants thereof; to adopt such rules and regulations for the government of the city council and officers of said city as may be deemed advisable; to prohibit the commission of any character of disorderly conduct within said city; to regulate the speed and running of locomotives within said city; to provide against obstructions in or on the streets, sidewalks, alleys, lanes, etc., of said city, and to have full and complete control of all such streets, sidewalks, etc.; to prevent trash being thrown thereon or any class of merchandise or other thing or article being placed therein; to provide for the police officers or mayor of said city calling upon any citizen of said city to aid in the enforcement of the laws thereof, or in effecting an arrest therein, and provide for the punishment of any person failing or refusing to lend such aid; to regulate all classes and species of traffic and trade, shows, performances or what not within the corporate limits of said city; to regulate the speed of horses or other animals, as well as vehicles, bicycles, automobiles or other means of locomotion; to prohibit the maintenance of any nuisance; to provide for the trial and punishment in the mayor's court of said city of persons engaged in gambling therein; to suppress rowdy and disorderly houses, gambling dens, houses of ill fame and to prohibit the sale or exhibition of any obscene or immoral publications, prints or illustrations within said city; to require all residents within said city to keep around their premises and places of business in a healthy, cleanly, sightly condition and free from trash; to take such action as may be necessary to prevent the introduction or spread of contagious diseases; to remove or cause to be removed all buildings, porches, steps, fences or other obstructions in the sidewalks or streets; to regulate and control all taverns and public houses, tanyards, blacksmith shops, forges, stores, chimneys, etc., in said city; to regulate and control all drays, omnibuses, buggies, carriages, wagons and carts, owned, kept or used in said city; to fill up or cause to be filled up all pits, cellars, wells or other excavations in said city; to require the ditching of any lot or place where it may appear necessary; to provide for the issuance of summonses to parties to appear for trial before the mayor's court and punishment as for contempt for any such person failing to appear, and to provide for the issuance of all such other writs, processes, summonses and subp[oelig]nas as it may

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see fit, with like penalty; to regulate all manner of sports and games engaged in within the limits of said city; to prohibit cruelty to animals within the limits of said city; to prescribe such rules and regulations with respect to engaging in any business or calling within said city and with respect to obtaining a special license as it may see fit; to enact what is commonly known as a curfew law in and for said city; to prescribe the duties of the clerk, treasurer, marshal and other officers of said city and provide a penalty for failure to perform the same; to exercise all the rights, powers and privileges that may be exercised by any municipal government of this State under the general police power of such municipalities, and to provide for the trial and punishment in the mayor's court of said city of persons violating any ordinance, rule or by-law authorized by this charter by the infliction of the punishment hereinbefore authorized to be inflicted by said mayor's court. Corporate powers of council. SEC. 56. Be it further enacted, That said city in its corporate name shall have, own and possess all property of whatever description now owned by the city of Eastman as at present incorporated, and shall keep up and maintain and operate the present public utilities operated in said city until other plants shall have been provided; that all debts, contracts and obligations of every description now owing to or by said city of Eastman as at present incorporated shall inure to or become chargeable against the city of Eastman in its corporate name and capacity under this charter as under this charter incorporated; that all by-laws, ordinances, resolutions, rules and regulations heretofore passed and enacted by the mayor and council of the city of Eastman as at present incorporated not in conflict with this charter and now of force, are hereby made of binding force and effect in the city of Eastman as hereby incorporated until the same shall have been repealed or superseded by ordinances, rules and regulations adopted by the city council of said city under this charter; that the Act of the Legislature approved December 15, 1894, creating a public school system in and for the then town of Eastman is hereby made a part of and adopted by this charter; that the city council of the city of Eastman as hereunder incorporated shall have full control of all water pipes and mains laid in the streets of Eastman, and shall have the full right and power to control the water supply of said city and fix such rules, regulations and charges for same as it shall see fit, and to fix such rules and regulations for the government and control of all public utilities of such city as it may see proper. Existing rights, contracts and laws. SEC. 57. Be it further enacted, That all laws in conflict herewith be, and they are, hereby repealed. Approved August 22, 1907.

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EASTMAN, CHARTER REPEALED. No. 208. An Act to repeal an Act entitled an Act to incorporate the town of Eastman, in the county of Dodge, to define the limits of the same, and to repeal all previous Acts passed incorporating the same, approved December 15, 1871, and all Acts amendatory thereof, and to provide when the same shall become effective. SECTION 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 time provided for herein an Act entitled an Act to incorporate the town of Eastman, in the county of Dodge, to define the limits of the same, and to repeal all previous Acts passed incorporating the same, approved December 15, 1871, and all Acts amendatory thereof be, and they are, hereby repealed. Eastman, town of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall become effective from and after the approval by the Governor of an Act entitled An Act to create a new charter for the city of Eastman, in the county of Dodge, define its limits, create a municipal government therefor; declare its rights and powers, and for other purposes, introduced at the present session of the General Assembly of Georgia. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved August 22, 1907. EAST POINT, CHARTER AMENDED. No. 238. An Act to amend an Act entitled an Act to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes, approved September 8, 1891, and the several Acts amendatory thereto; to provide for the levy and collection of a general ad valorem tax on all property within the incorporate limits of said town, not to exceed one dollar per annum on every one hundred dollars of the value thereof; to authorize the levy and collection of an extraordinary ad valorem tax in addition to the ordinary tax, in cases of emergency, not to exceed

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one-fourth of one per cent. on the taxable property of said town; to authorize and provide for the organization and maintenance of a police force, and provide compensation for same; to authorize and provide for the paving of sidewalks in said town, and charge one-half of the expense thereof to the abutting property owners, and provide a method of collecting same, or to require the property owners to so pave the sidewalks, the town of East Point to pay one-half the expense; to increase the maximum fines which may be imposed for violation of ordinances, rules and regulations prescribed by the common council of said town from fifty dollars ($50) to an amount not to exceed five hundred dollars ($500), and provide for the collection of same, and to increase the term of imprisonment and labor which may be imposed for such violations from thirty (30) days to a term not exceeding ninety (90) days, and to permit the imposition of fine or imprisonment and labor, or both; to provide for special elections to fill vacancies in the office of mayor or 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 same, That section 5 of an Act entitled an Act to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes, approved September 8, 1891, as amended by an Act approved December 17, 1902, be amended by striking from said section the words seventy-five cents and substituting therefor the words one dollar, and by adding after the words one hundred dollars of the value thereof the following: Provided, however, that in addition to the ordinary taxes herein allowed, the common council of said town of East Point may, in case of emergency, to be adjudged by them, levy an extraordinary tax, not exceeding one-fourth of one per cent. on all taxable property of said town, the said extraordinary tax to be added to the ordinary tax and collected at the same time and for the same purpose; provided, however, that before this provision for the levying and collection of an emergency tax shall be enforced for any purpose other than as allowed by law without a vote of the people, the question as to levying and collecting such tax shall be first submitted to the qualified voters of said town; and it shall be necessary that at such election the same shall be authorized by a vote of two-thirds of the legal voters of said town, as provided by law, so that said section as amended shall read as follows: Sec. 5. Be it further enacted, That the common council of the said town of East Point shall cause to be made up annually and entered upon

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the minutes of said common council an accurate estimate of all sums which are or may be lawfully chargeable in said town and which ought to be paid within one year, and said common council shall have power to levy and collect taxes to such an amount as may be necessary to pay the same. All real and personal property within the corporate limits of said town shall be subject to taxation, but the tax levied thereon shall not exceed one dollar on every hundred dollars of the value thereof; provided, however, that in addition to the ordinary taxes herein allowed, the common council of said town of East Point may, in case of emergency, to be adjudged by them, levy an extraordinary tax, not exceeding one-fourth of one per cent. on the taxable property of the said town, the said extraordinary tax to be added to the ordinary tax and be collected at the same time and used for the same purpose; provided, however, that before this provision for the levying and collecting of an emergency tax shall be enforced for any purpose other than allowed by law without a vote of the people, the question as to levying and collecting such tax shall be first submitted to the qualified voters of said town; and it shall be necessary that at such election the same shall be authorized by a vote of two-thirds of the legal voters of said town as provided by law. For the purpose of fixing the value of property within said town for taxation, the common council may appoint when necessary three discreet persons who shall take and subscribe an oath fairly and justly to assess the value of said property, and it shall be the duty of such persons to report to said common council, as soon as may be, the value of the real and personal property owned by each and every person within said town, on the first day of April of the year for which the assessment is made, and the value of said property fixed by the assessors as aforesaid shall be the valuation at which said property shall be taxed; but any person who may be dissatisfied with the return of said assessors as to his or her property shall have an appeal to the common council, which upon a hearing, shall have the power to reduce said assessment to such figure as shall be just in the premises. There shall be a lien on real estate within said town for the town taxes assessed therein and for all other fines and penalties assessed or imposed upon the owners thereof by the authorities of said town, from the time they are assessed or imposed, which shall have a priority over all other liens except the lien of the State and county for taxes, and may be enforced in the same manner as now prescribed by law for the enforcement

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of the lien for county taxes, or in such other manner as the common council of said town may by ordinance prescribe. East Point. Taxation. SEC. 2. Be it further enacted by the authority aforesaid, That said Act providing a new charter for the town of East Point, and the several Acts amendatory thereto, be further so amended as to authorize and empower the common council of said town to make an assessment of the various lots of land and lot-owners in said town for sanitary purposes, not to exceed three dollars per annum on each lot so assessed; and said common council are hereby authorized and empowered to collect the same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of the assessment. The execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said town. The amount so collected shall be used for sanitary purposes. Said common council shall have power and authority to prescribe a lot for sanitary purposes and assessments; provided, no lot shall be less than twenty-five feet front; provided, that this assessment provided in this section shall not be made on vacant lots, and resident lots shall not be subdivided for assessment. Sanitary tax SEC. 3. Be it further enacted by the authority aforesaid, That said Act providing a new charter for the town of East Point, and the several Acts amendatory thereto, be further so amended as to authorize and empower the common council of said town of East Point to organize and maintain a regular police in said town, in such number as said common council shall from time to time deem proper. Such police officers shall be elected by the common council of said town, and shall hold office during the will of the common council, or for a term not exceeding twelve months. Such election shall be made on the first Tuesday in February of each year; provided, however, said common council shall have the right to remove any police officer or officers at any time and fill the vacancy or vacancies caused by such removal. Said officers or policemen shall perform the duties usually incident to police officers, and as may be required by the common council, and shall have such reasonable compensation for their services as shall be fixed by the common council, which shall not be increased or diminished during their term of office. Police officers. SEC. 4. Be it further enacted by the authority aforesaid, That said Act providing a new charter for the town of East Point, and the several Acts amendatory thereto, be further so amended as to authorize and empower the common council of said town

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of East Point to order such pavements or sidewalks laid down by the abutting property-owners on any and all sidewalks in said town, as they may deem proper, one-half of the expense of same to be paid by said town of East Point; and upon failure of any person to comply with the same within the time prescribed by said common council, the said common council may have the same done and levy and collect the half of the expense thereof chargeable against the property-owner by execution against the land and goods and chattels of the owner of the lot or lots. Said common council shall have the authority, in their discretion, to put down such paving or sidewalks as they may deem proper, and charge one-half of the expense of same to the abutting property-owners; and in order to fully carry into effect the authority herein delegated, said common council shall have full power and authority to assess half of the cost of such paving or improving the sidewalks on the real estate abutting on the street and on the side of the street on which the sidewalk is so improved; and such assessment may be collected by execution against the real estate and the owner, and levy the sale thereunder, as provided for the collection of taxes. Street improvement SEC. 5. Be it further enacted by the authority aforesaid, That said Act providing a new charter for the town of East Point, and the several Acts amendatory thereto, be further so amended as to authorize the said common council of the town of East Point to prescribe, impose and exact fines, penalties and imprisonments in the county jail or the prison of said town, or confinement in a work gang upon the streets of said town; provided, that no fine imposed shall exceed the sum of five hundred dollars ($500), nor shall any imprisonment or work upon the streets exceed the term of ninety (90) days. Both fines and imprisonment and labor may be inflicted or either, or such imprisonment or work shall be inflicted as an alternative on failure or refusal to pay such fines as may be imposed for violation of the ordinances of said town in the discretion of the mayor or aldermen trying the case. The collection of any and all fines may be enforced by execution, and the levy and sale of property, as provided for the collection of taxes. Punitive powers of council. SEC. 6. Be it further enacted by the authority aforesaid, That said Act providing a new charter for the town of East Point, and the several Acts amendatory thereto, be further so amended as to provide that whenever a vacancy shall occur, from any cause, in the office of mayor or aldermen of said town of East Point, such vacancy shall be filled by a special election, which

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election shall be called by a majority of the common council at the first regular meeting after such vacancy shall exist, or at any regular or called meeting. Said election shall be held in the same manner as provided for general elections in said town, and shall be held after posting notice of same in at least three conspicuous place in said town of East Point for a period of not less than ten (10) nor more than thirty (30) days from the date when such election shall be ordered. Vacancies. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act, or any part thereof, be, and the same are, hereby repealed. Approved August 22, 1907. EDISON, CHARTER AMENDED. No. 181. An Act to amend an Act creating and incorporating the city of Edison, in Calhoun county, Georgia, approved August 20, 1906, so as to extend the corporate limits of said city and change the shape of said city from that of a circle to a rectangle, 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 Act creating and incorporating the city of Edison, in Calhoun county, Georgia, approved August 20, 1906, be, and the same is, hereby amended by striking out of said section, near the beginning thereof, the following sentence: The territorial limits of the city of Edison shall be identical with the present territorial limits of the town of Edison, except as otherwise specified in this Act, and insert in lieu thereof the following: The corporate limits of the city of Edison shall be as follows: Beginning at a point fifteen hundred (1500) yards due north of where the Georgia, Florida and Alabama railroad crosses Hartford street, in said city of Edison, and running thence due east fifteen hundred (1500) yards; thence due south twenty-four hundred (2400) yards; thence due west three thousand (3000) yards; thence due north twenty-four hundred (2400) yards; thence due east back to point of beginning fifteen hundred (1500) yards, making the shape of said city of Edison that of a

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rectangle, instead of circular in shape, so that when said section is amended it shall read as follows: Edison, corporate limits. 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 the city of Edison is created and incorporated in lieu of the town of Edison, in Calhoun county. The corporate limits of the city of Edison shall be as follows: Beginning at a point fifteen hundred (1500) yards due north of where the Georgia, Florida and Alabama railroad crosses Hartford street in said city of Edison, and running thence due east fifteen hundred (1500) yards; thence due south twenty-four hundred (2400) yards; thence due west three thousand (3000) yards; thence due north twenty-four hundred (2400) yards; thence due east back to point of beginning fifteen hundred (1500) yards, making the shape of said city of Edison that of a rectangle, instead of circular in shape. All lands, tenements, easements, streets, alleys, hereditaments, rights, powers and interest 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, account 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 enforceable as such until repealed or changed by the city council of Edison. Edison, city of, corporate limits, etc. SEC. 3. Be it further enacted by the authority aforesaid, That said Act, approved August 20, 1906, be further amended by striking out of said Act, wherever the same appears, the words white city schools or city white school, and insert in lieu thereof the words city schools. City schools.

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SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. ELBERTON, CHARTER AMENDED. No. 283. An Act entitled an Act to amend the charter of Elberton, approved July 20, 1906, so as to invest the city of Elberton with power to enact and pass ordinances prohibiting the delivery of intoxicating liquors in said city and to punish therefor, and to pass ordinance prohibiting the sale of intoxicating liquors, prohibiting lewdness and acts of fornication and adultery, or either, prohibiting acts of violation of the Sabbath day, prohibiting carrying concealed weapons, prohibiting idleness and loafing in said city, and prohibiting gambling, and to punish 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 from and after the passage of this Act, the city of Elberton shall have the power to pass any and all ordinances prohibiting the sale and delivery of intoxicating liquors in any quantity within the corporate limits of said city, or the sale or delivery of intoxicating liquors within the corporate limits of said city; and to fix the punishment for the violation of any and all such ordinances, so that said punishment does not exceed the power to punish already granted said city. Elberton, sale and delivery of liquor. SEC. 2. Be it further enacted, That said city shall have power to pass any and all ordinances prohibiting acts in violation of the Sabbath day in said city and to prevent the doing of any act by any person in the pursuit of his business, or the work of his ordinary calling, on the Lord's day, work of necessity or charity excepted, and to punish therefor. The Lord's day SEC. 3. Be it further enacted, That said city of Elberton shall have full power and authority to pass any and all ordinances to prevent keeping open tippling-houses, keeping lewd houses, disorderly houses, gaming-houses and to punish violations of any such ordinances and to provide punishment for those who frequent

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or visit any of the above-named houses for immoral purposes. Police powers. SEC. 4. Be it further enacted, That said city of Elberton is hereby empowered to pass all ordinances to prevent and suppress carrying concealed weapons of any kind whatever, and to prescribe punishment for the violation of such ordinances, and to pass all ordinances to prevent and suppress idleness, loafing and loitering on the streets in said city of Elberton and to prescribe punishment for the violation of any such ordinance; and to pass all ordinances to prevent and suppress loitering, loafing and idleness in said city, whether on the streets or otherwise. Concealed weapons. Vagrants. SEC. 5. Be it further enacted by the authority aforesaid, That said city of Elberton is hereby empowered to pass any and all ordinances to prevent and to suppress gambling of any and all kinds, within the corporate limits of said city and to prescribe punishment for the violation of any such ordinance; to pass any and all ordinances to prevent and suppress the use of vulgar and obscene language upon the streets of said city or within the corporate limits of said city, and to prevent and to suppress intoxication within the said city or on the streets of said city, and to prescribe punishment for the violation of any such ordinance. Gambling, profanity and intoxication. 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 22, 1907. ELEANOR, INCORPORATED. No. 77. An Act to incorporate the town of Eleanor, in the county of Monroe, to define its corporate limits, to provide for the appointment of officers of said town, and to define their duties and powers, to provide how said town shall be governed, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the town of Eleanor, in the county of Monroe, be, and the same is, hereby incorporated as a town under the name and style of Eleanor. Eleanor, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That

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the corporate limits of said town shall be as follows: Beginning at the southwest corner of what is known as the Rudisill land, now the property of J. M. Ponder; thence running north eight degrees, east thirty-two chains; thence north forty-five degrees, west forty-five chains and eighty-five links to the district line between Forsyth and Evers districts; thence due west along said district line seventy-nine chains and seventy links to a point on the land between the lands of J. M. Ponder and T. R. Talmadge; thence south sixty-six degrees, east twenty-two chains, eighty links to the beginning point, all of said land being in Forsyth district, Monroe county, and all in land lot 152, except a small portion is in land lot 169. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That J. B. Bowden be, and he.is, hereby appointed mayor of said town of Eleanor, to hold his office until the second Monday of January, 1908, and until his successor is elected and qualified; and that Andrew Ard, L. W. Garrett and W. R. Stuart be, and they are, hereby appointed councilmen of said town, to hold their offices until the second Monday in January, 1908, and until their successors are elected and qualified. Mayor and councilmen named. SEC. 4. Be it further enacted by the authority aforesaid, That on the first Monday of January, 1908, and annually thereafter on that day, an election shall be held in the council chamber in said town for three councilmen, who shall hold their offices for one year from the second Monday in January, the next Monday following their election and until their successors are elected and qualified. Election of councilmen SEC. 5. Be it further enacted by the authority aforesaid, That no one shall vote for or be eligible to the office of councilman in said town who is not a resident thereof and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted by the members of the council; but if they are candidates, by three residents of said town to be appointed by the mayor thereof; and the certificates of the managers of said election shall be sufficient authority for the persons elected to enter upon the discharge of the duties of the offices to which they have been elected. Election managers. SEC. 6. Be it further enacted by the authority aforesaid, That before entering upon the discharge of the duties of their respective offices, the mayor and councilmen shall take and subscribe to the following oath which may be adminstered by any person authorized by law to administer oaths; or in the absence of such person, they shall administer said oath to themselves, to wit:

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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 Eleanor, to the best of my ability and understanding; so help me God. Oath of mayor and councilmen SEC. 7. Be it further enacted by the authority aforesaid, That to succeed the mayor named above, the judge of the superior court of the Flint circuit shall designate a citizen of said Forsyth district, who shall act as mayor of said town from the second Monday of January, 1908, until the second Monday of January, 1909, and annually thereafter the judge of the superior court of the Flint circuit shall name a resident of Forsyth district to act as mayor and shall also name a person resident in said Forsyth district to act as mayor pro. tem., in the absence of the mayor; and all vacancies in the offices of mayor and mayor pro tem. shall be filled by appointment by the judge of the superior court of the Flint circuit. Appointment of mayor. Vacancies. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor shall have power and authority to appoint such marshals, clerks and night watchmen as he may deem necessary for the carrying into effect of the powers herein conferred upon him, to define the fees and duties of such officers; and to require such bonds as he may deem necessary and proper for the faithful performance of the duties of such offices. Appointment of marshal, clerk and watchmen. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor, and in his absence, the mayor pro tem., shall have full authority to issue warrants for any offenses committed within the corporate limits of said town; and shall have the power to compel the attendance of witnesses, examine them under oath, admit any offender to bail, and to commit him to jail for a violation of the laws of this State, to admit to bail or to commit to the guard-house of said town, and to punish by fine or imprisonment for a violation of the ordinances of said town. Powers of mayor. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to pass all ordinances, and by-laws that they may deem necessary for the government of said town, and the good order health and peace thereof; provided, that they be not repugnant to the Constitution and laws of this State and of the United States. Powers of council. 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 not exceeding one-tenth of one per cent. on all property, both real and personal, within the corporate

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limits of said town; they shall also have power to require all persons within the corporate limits of said town, who are subject to road duties under the laws of this State to work on the streets of said town, or in lieu thereof to pay a commutation tax of not more than $2.50 per annum. Ad valorem tax, street work or commutation tax. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the town of Eleanor shall have power and authority to levy and collect a special tax or license upon all kinds of business, professions or occupations, carried on within the corporate limits of said town; to regulate and control the conduct of peddlers and itinerant traders within the limits of said town, by taxation or otherwise; and also to tax theatrical performances and exhibitions, and shows of any kind whatever in said town, except such peddlers, traders and shows, professions and businesses as are exempt from taxation under the laws of this State. Specific taxes. SEC. 13. Be it further enacted by the authority aforesaid, That the keeping for sale, selling, offering for sale, giving away of spirituous, malt, fermented and alcoholic or intoxicating liquors, or any other intoxicating beverage or liquids whatsoever within the corporate limits of said town shall be, and are hereby for ever prohibited, and all persons violating the provisions of this section shall be fined not exceeding $100, imprisoned in the place of imprisonment in said town not exceeding sixty days, or be compelled to work on the streets or public roads of said town not exceeding ninety days. Sale of liquor. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of said town, and in his absence, the mayor pro tem., shall be the chief executive officer of said town; he shall see that ordinances, by-laws, orders and rules of the council are faithfully executed; he shall have control of the marshal, clerk and night watchman and the other officers of said town, and may appoint special policemen, whenever he may deem 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 are protected, and to this end may cause the arrest and detention of all riotous and disorderly persons of said town, and all who violate the laws of said town or State; he shall also have power to impose fine for a violation of the town ordinances not exceeding $100.00, to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, or in default of immediate payment, he may imprison the offender in the guard-house of said town not exceeding sixty

Page 596

days, or compel said offender to work on the streets or public works of said town not exceeding ninety days. Executive powers of mayor. SEC. 15. Be it further enacted by the authority aforesaid, That if at any time, the office of councilman shall be vacant, by death, resignation, removal or otherwise, the mayor and the remaining members of the council shall appoint some resident of said town for the unexpired term. Vacancies. SEC. 16. Be it further enacted by the authority aforesaid, That the salary of the marshal of said town shall not exceed $50.00, to be paid out of fines and forfeitures only; and the salary of each councilman shall not exceed $5.00 per annum, to be paid out of the general fund of the town. Salaries. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor of said town shall have the right to veto any measure, or ordinance, even though passed by the unanimous vote of the councilmen. Veto of mayor. SEC. 18. Be it further enacted by the authority aforesaid, That all rights, powers and privileges granted municipalities and corporations under the laws of Georgia and not herein named, are granted to the town of Eleanor. Statutory powers SEC. 19. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1907. FAIRFAX, INCORPORATED. No. 115. An Act to incorporate the town of Fairfax, in the county of Ware; to define its corporate limits and authority; to provide a government for said town and to confer certain powers on same; to authorize said town to establish and maintain a system of public schools by local taxation, to provide a board of education and define its powers and duties and to require the State School Commissioner to pay over to the secretary and treasurer of said board the pro rata share of the State and county common school fund and other funds to which said town and the children attending said public school system are entitled; to authorize said town to issue bonds or other evidences of debt, so as to provide a public school

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building and equipments, waterworks, electric lights, sewers and drains and other public works for public use; and for other purposes. SECTION 1. Be it enacted by 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 town of Fairfax is hereby incorporated and made a body corporate and politic under the name of the Town of Fairfax, said town being located in the western portion of the county of Ware, State of Georgia, and the corporate limits of said town within which said town and its territory shall be embraced, shall be as follows: A circle described and traced by using one mile as a radius and that certain point in the present incorporated village of Fairfax, near the western limit of eighth land district of said county, as a center, where the center of the public road crosses the main line of the Atlantic Coast Line Railroad Company, which runs from Brunswick, Georgia, by way of Waycross to Albany, Georgia; said town as thus incorporated extending one mile in every direction from the center of said railroad crossing as aforesaid. Fairfax, 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 five (5) councilmen, shall be known as the mayor and council of said town; and under the corporate name of the Town of Fairfax, 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, and do such things 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 corporate powers. 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 all taxes, fines, forfeitures, and other incomes of

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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. Clerk, treasurer and marshal. SEC. 4. Be it further enacted, That the mayor and five (5) councilmen shall first be elected on the first Tuesday in September, 1907, and enter upon their duties on the second Tuesday in September, 1907, 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 1909, and shall be for one year and until their successors are elected and qualified. Said first election shall be held on the first Tuesday in September, 1907, 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 1909, at such place in the town and under such supervision, rules and regulations as they may prescribe. Said mayor and councilmen, as well as other officers of the 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. Election of mayor and councilmen Oath. 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 Fairfax 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. Statutory powers.

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SEC. 6. Be it further enacted, That as mayor and council, in the name and behalf of said town, shall have the right to make such contracts and do such things 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, resolutions and ordinances as may be necessary for carrying out the purposes of the government of said town, and conserving, promoting 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, and may also exercise the right of eminent domain for the purpose of condemning and taking over land and other property for streets and other public purposes. General powers. 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 times 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, spirituous, 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 licenses for the sale of such malt, spirituous and intoxicating liquors within said town. Sale of liquor. 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 are hereby extended for one-half () mile beyond the limits of said town as above defined, the same being for police and sanitary purposes; and within said extended limits said mayor and council, and 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. Jurisdiction for police and sanitary purposes. SEC. 10. Be it further enacted, That the marshal of said

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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 guardhouse or county jail pending trial, or else take bond for his appearance for trial before the mayor's court. Arrests without warrant. SEC. 11. Be it further enacted, That there shall be a mayor's 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 of 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 said offender. Said court shall also have the right to punish for contempt by imprisonment in the calaboose, or jail of said town not exceeding five days, or a fine not exceeding five dollars ($5.00), either 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. Appeal 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 ordinances of said town,

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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 a commutation tax, as provided by section 701 of volume 1 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 incorporate limits of said town, nor to pay any commutation or county tax in lieu of same, nor any county road tax. Street work or commutation tax. SEC. 16. Be it further enacted, That the mayor and council of said town, as soon after the passage of this Act as practicable, if by resolution they so recommend and decide, shall order an election to be held in said town at the voting place of said town decided upon, at such time as said mayor and council may name, for the purpose of determining whether a system of public schools shall be established and maintained by, in, and for said town, or not. All qualified voters of said town who favor said public school system for said town, shall have printed or written on their ballots the words For public schools, and those opposed shall have written or printed on their ballots Against public schools; and in case two-thirds of the qualified voters of said town voting at such election, shall vote at said election For public schools, then said system of public schools shall be established and maintained and operated as in this Act provided. Notice of said election shall be given in the newspaper in which the advertisements of the sheriff of said county of Ware are published, once a week for four weeks preceding said election. The returns of said election shall be made to, and the result declared by, the mayor and council of said town as in other elections, and the election shall be held under the same rules and regulations as other elections. In case two-thirds of those voting do not vote For public schools, then an election may be held by order of said mayor and council annually thereafter under the same provisions, and in the same manner as above described, until said public school system is approved and adopted by the necessary two-thirds. Election for public schools. SEC. 17. Be it further enacted, That when a public school system is thus adopted by and for said town upon the recommendation of its corporate authorities and upon the approval of its qualified voters as aforesaid, then said town shall have power and authority to establish and maintain a system of public schools

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in and for said town and the inhabitants thereof, which shall be free to all the children within said town, as hereinafter provided. Public school systems. SEC. 18. Be it further enacted, That the board of education of said town shall consist of five membersfour of whom shall be elected by the mayor and council of said town, the mayor being always ex-officio a member of said board. As soon as the public school system is adopted as aforesaid, it shall be the duty of the mayor and council to elect from the citizens of the town four (4) members of said board as aforesaid, two of them to hold office for two years and two for four years, and until their successors are elected and qualified. At the expiration of the first term of office, the terms of office of the members of the board of education shall always be for four (4) years, except as to said ex-officio member, and until their successors are elected and qualified. Vacancies occurring in the board by death, resignation or removal, or otherwise, shall be filled for the unexpired term by said mayor and council as soon thereafter as possible. Board of education. SEC. 19. Be it further enacted, That said mayor and council shall provide said board with adequate buildings, grounds, furniture, apparatus, equipments, and other necessaries for said system of public schools, or else with sufficient funds with which to purchase same. Said mayor and council shall also maintain said system of public schools and provide funds and revenues for that purpose (in addition to those derived from the State and county and other sources) in the following manner, to wit: At or before the beginning of each scholastic year said board shall furnish to the mayor and council a written estimate of the funds necessary for the support and maintenance of said school system for the ensuing year, including expenses for building, repairs, furniture, etc., whereupon said mayor and council are hereby authorized and empowered, and it shall be their duty to raise the necessary funds required by said estimate, for the support and maintenance of said schools, by the assessment and levy of a special annual ad valorem tax upon all the taxable property subject to taxation in said city (including corporate and railroad property), not to exceed three-fourths ([frac34]) of one per cent. upon the value thereof. The funds thus raised by said special tax shall be known as school tax, and shall be paid over quarterly by said mayor and council to said board of education or its secretary and treasurer, to be used only for public school purposes. School tax.

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SEC. 20. Be it further enacted, That said board shall elect from their number a president, a vice-president, and a secretary and treasurer, whose duties shall be those usually appertaining to said offices, and such as the board may prescribe. None of the members of said board nor any of its officers shall receive any compensation. The secretary and treasurer of said board, before entering upon the discharge of his duties as such, shall give bond in at least the sum of $1,000.00, fixed by the board, to account for all funds that may come into his hands as such officer, and the expenses of making said bond, if any, shall be paid by the town. Officers of board of education. SEC. 21. Said board shall make suitable by-laws for its own government; and it is hereby given power and authority to operate, manage, and supervise said system of public schools, and to do and perform all necessary acts, and devise and adopt all necessary expedient ways and means for the proper operation of said schools; to fix and prescribe the course of study and text-books for same; to select and employ a superintendent, or principal, and teachers for said schools, and fix their salaries, and remove them at discretion; to make such regulations and rules for the government of said schools and of the superintendent, principal and teachers and pupils, as they may think proper; to make suitable sanitary and hygienic regulations for said schools and pupils; and to do all and every other act or acts as may be expedient for the proper conduct and operation of said schools. Powers of board. SEC. 22. Be it further enacted, That separate schools for white and colored children shall be provided. All children between the ages of six and eighteen years, whose parents or guardians are bona fide residents of said town, and who are pursuing the regular common school course, studying the elementary branches of an English education, shall be entitled to the benefits of said schools free, under such reasonable provisions as said board may prescribe. But said board may provide for the payment of such rates of tuition as it may deem proper for all pupils who are not residents of said town as aforesaid, or who are not of school age, or who are not pursuing the elementary branches of an English education, as aforesaid. White and colored schools Tuition. SEC. 23. Be it further enacted, That the board of education of the said county of Ware and the authorities of said county, are hereby prohibited from establishing and maintaining any other school or schools in said town, and from paying any part of the public or common school funds of the State or county,

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or other school funds, to any other school or schools, or school children, in said town, not a part of the public school system of said town herein provided. Other schools SEC. 24. Be it further enacted, That said public school system shall receive its pro rata share of the State and county public or common school fund or funds direct from the State School Commissioner and it shall be the duty of said State School Commissioner to pay over to the secretary and treasurer of said board the pro rata share of said State and county public or common school fund or funds to which said town and the children attending said public school system are entitled, according to the number of children of school age residing in said town, increased by the number of children of school age residing without the limits of said town, but in Ware county, who attend said school system, as provided by section 1406 of volume 1 of the Code of Georgia of 1895, together with such other allowances as may be due or payable to said public school system and the children attending same under existing laws, or laws that may hereafter be enacted. Pro rata share of public school fund SEC. 25. Be it further enacted, That said board shall keep minutes and books of account, which shall always be open to the inspection of the mayor and council of said city, and they shall render to said mayor and council annually on a stated day to be fixed by said mayor and council, an itemized statement of the receipts and expenditures of said school system for the preceding scholastic year. Reports of board. SEC. 26. Be it further enacted, That said board shall cause a school census to be taken of the children residing within the limits of said town as soon as possible after the adoption of the public school system herein provided for, and furnish same to the State School Commissioner, and regularly thereafter as required by law. School census. SEC. 27. Be it further enacted, That said town, when authorized by the qualified voters of the town at elections held from time to time, as required by the Constitution and laws of the State, shall have full power and authority to issue and sell bonds of said town in such amounts as may be deemed advisable, for the purpose of erecting and equipping a suitable school building or buildings, a public waterworks plant, or a public electric or gas light plant, any one, or more, or all, as deemed expedient; and also for the purpose of constructing drains and sewers and other public buildings and works for public purposes, in and for said town. Municipal bonds.

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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 22, 1907. FICKLEN, INCORPORATED. No. 207. An Act to incorporate the town of Ficklen, in Wilkes and Taliaferro counties; to define its limits; to provide for a mayor and council 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 Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of Ficklen, in Wilkes and Taliaferro counties, shall be incorporated under the name and style of Ficklen, by which name it shall sue and be sued, plead and be impleaded. Ficklen, town of incorporated. SEC. 2. Be it further enacted, That the incorporate limits of said town shall be as follows: On the north and east said town shall be bounded by Little River; on the south by Little River and Hardin Creek; on the west and north by Gibson Branch, and by an arc of a circle drawn with a radius of one mile from depot on Georgia Railroad, cutting said Gibson Branch and Little River. Corporate limits. SEC. 3. Be it further enacted, That said town shall be officered by a mayor and by five members of the town council, to be elected by the qualified voters of said town. Mayor and councilmen SEC. 4. Be it further enacted, That an election shall be held on the fourth Monday in September, 1907, and for each second year thereafter, for a mayor and five councilmen, who shall serve two years, and until their successors are elected and qualified, said election to be conducted in the same manner as elections for members of the General Assembly, and all persons living in the incorporate limits, who shall be qualified to vote for members of the General Assembly shall be qualified to vote for mayor and councilmen, and the person or persons receiving the highest number of votes for either of said offices shall be duly

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declared elected by the managers; and said managers shall so certify and return said certificate, together with the election papers, to the mayor and council. Said mayor and councilmen shall take an oath to faithfully discharge the duties of their office, which said oath may be administered by any officer qualified to administer oaths. Election of mayor and councilmen SEC. 5. Be it further enacted, That said mayor and council shall elect one of said councilmen clerk, and also shall from their number or otherwise elect a marshal, and shall pay him such compensation as they shall fix. Clerk and marshal. SEC. 6. Be it further enacted by the authority of the same, That said mayor and council shall have authority to cause the roads, streets and lanes of the said town to be worked in said town by the residents therein subject to road duty, and to levy such a road tax as they may deem for the best interest of the town. Said mayor and council shall have authority to make any and all by-laws, rules and regulations, or ordinances necessary for the government of said town, which are not inconsistent with the laws and the constitution of this State; to punish by fine or imprisonment, or both, in the discretion of the mayor, who is hereby clothed with authority to try offenders against the ordinances of said town, and is hereby empowered to punish such offenders by a fine of not more than $50 or by work on the public roads of said town for not more than thirty days, either or both of such penalties. The mayor and council shall have authority to fix the costs in all cases of violation of the ordinances of said town, and upon conviction, said costs shall be taxed against the offender so convicted. Powers of council. SEC. 7. The said mayor and council shall be empowered to levy taxes for the support of the government of said town, and they shall fix the compensation of the mayor and of the councilmen, and of all employees of said town. Taxation. SEC. 8. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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FITZGERALD, CHARTER REPEALED. No. 262. An Act to repeal an Act to incorporate the city of Fitzgerald, in the county of Irwin, now Ben Hill, in the State of Georgia, approved December 2, 1896, to define the corporate limits of said city, to provide for the election of mayor and aldermen and other city officers; for the government thereof; to enact all necessary ordinances, and provide penalties for violation of the same; to regulate the sale of spirituous, malt and intoxicating liquors, merchandise and other commodities; to provide a system of public schools; to construct and maintain a system of sewerage; to regulate fire, sanitary and police protection; to raise revenue by taxation and specific license or otherwise; to defray expenses of the city government; to grant franchises to railway, electric light, telegraph, telephone, waterworks or other companies, and such other franchises as may be deemed necessary; to provide for the laying out of streets, alleys, sidewalks, drives, parks and other public grounds; and to maintain the same, and for other purposes, together with all the Acts amendatory to the said city of Fitzgerald, namely Acts of 1897, approved December 14, of said year, namely an Act to amend the charter of the city of Fitzgerald, Georgia, relative to the manner of issuing and payment of city warrants, the abolishment of certain city officers, and giving the mayor the casting vote in case of a tie; of changing the corporate limits of said city; creating a board of education; providing for the manner of assessment and equalization of property, and for other purposes. An Act approved November 25, 1898, amending said charter of Fitzgerald, namely, an Act to amend the charter of the city of Fitzgerald, in the county of Irwin, as said charter is contained in the original incorporation Act of 1896, approved December 2, 1896; in the Act of 1897, approved December 2, 1896; in the Act of 1897, approved December 14, 1897, pages 212 to 217, inclusive, Acts of 1897, in the following particulars, to wit: To repeal of said Act, 1897, section 2, relating to the manner of passing and signing city ordinances; section 4, relative to amendments of section 43 of the original city charter; section 5, creating the office of city marshal; all section 6, which relates to amendment of section 58 of

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the said original charter; section 7, relative to the duties of city assessor; section 8, relative to repeal of section 50 of original charter; section 20, which amends section [Illegible Text] [Illegible Text] the original charter; section 22, relative to compensation of city officers; to repeal the following sections of the original charter, namely: Section 4, relative to the manner of filling vacancies in city offices; section 10, relative to the power of the mayor to sign or veto ordinances and resolutions; section 52, relative to the manner of issuing city warrants; section 63 and 73, relative to the duties and power of the recorder; to amend the following sections of said original charter, namely: Section 19, relative to the manner of passing and signing city ordinances; section 12, relative to filling vacancies in city offices; section 43, specifying the officers of said city; section 45, relative to manner of election or appointment of certain city officers; section 90, defining the qualifications of voters at city elections; section 78, defining the powers and duties of the chief of police relative to city tax sales; to abolish the office of recorder and create mayor's court, and to define its powers and duties; to authorize the council to provide for the compensation of city officers, and to limit the compensation that may be so provided, and for other purposes. And an Act amending the city charter of Fitzgerald, approved December 14, 1901, namely: An Act to amend the charter of the city of Fitzgerald, in the county of Irwin, so as to limit the tax rate in said city for municipal purposes; to abolish certain city offices and to provide for the performance of their duties by other city officers; to provide for and limit the compensation of city officers; to provide for the manner of drawing warrants upon the city treasury, and for other purposes. And an Act amending city charter of Fitzgerald, approved August 24, 1905, namely: An Act to amend the city charter of Fitzgerald, in the county of Irwin, so as to authorize and require the city council to provide for the payment of a salary of the judge of the city court of Fitzgerald, to provide for the payment into the treasury of said city of all costs in certain cases of said city court; to regulate the practice in the mayor's court; to create the office of street commissioner in said city of Fitzgerald, and to authorize the council to elect such commissioner, and provide for his compensation; to vest in the mayor of the city of Fitzgerald the right to suspend from office or service police officers of said city, and for other purposes.

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SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the charter incorporating the town of Fitzgerald, in the county of Irwin, now Ben Hill, in the State of Georgia, in the year 1896, and approved December 2, 1896, together with all the amendatory Acts of the said city of Fitzgerald, namely, the Act approved December 14, 1897, and the Act approved November 28, 1898; and the Act approved December 14, 1901; and the Act approved August 24, 1905, be, and the same is, hereby repealed. Fitzgerald, town of charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. FITZGERALD, INCORPORATED. No. 163. An Act to incorporate the city of Fitzgerald, in the county of Ben Hill and State of Georgia, to define the corporate limits of said city; to provide for the election of a mayor and aldermen and other city officers for the government thereof; to fix the term of office and the salaries of such city officers; to define the qualifications, duties and powers of such mayor, aldermen and other city officers; to prescribe the manner in which all city ordinances for the government of said city shall be enacted and to provide penalties for the violation of the same; to provide for a water and light and bond commission; to prescribe the duties and powers of such water and light and bond commission; to provide for the issuing of bonds; to provide a system of public schools; to provide for the construction and maintenance of a system of waterworks, electric lights and sewerage; to provide and regulate fire, sanitary and public protection; to raise revenues by taxation, specific license or otherwise; to defray the expenses of the city government; to provide for the regulation of the sale of spirituous, malt and intoxicating liquors and merchandise and other commodities; to grant franchises to railway, electric-light, gas, telephone, telegraph, waterworks and other companies and such other franchises as may be deemed necessary;

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to provide for laying out streets, alleys, sidewalks, drives, parks and other public grounds and maintaining the same; to provide for a board of education, and to define the duties and powers of the same; and to provide for the manner of assessment of an equalization of taxes on real and personal property in said city; to limit the tax rate of said city for municipal purposes; to provide for the issuing of tax executions for taxes due the city and the sale of real and personal property under such executions; to provide that all property now owned or held by the city of Fitzgerald, Irwin county, Georgia (now of Ben Hill county, Georgia), shall be and become the right and property of the city of Fitzgerald, Ben Hill county, Georgia; that all rights and liabilities of the city of Fitzgerald, Irwin county, Georgia (now of Ben Hill county, Georgia), shall accrue either to or against the city of Fitzgerald, Ben Hill county, Georgia, as the case may be; to provide how said city may be divided into wards, the number and all regulations for the same; to provide for the registration of voters and the qualifications of voters in all city elections; to provide for a white primary for the nomination of officers to be elected by the voters of said city; to provide the time, manner and place for the holding of primary and general elections for city officers within 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 the inhabitants of the territory embraced in the following territory, to wit: Beginning at the southwest corner of five-acre tract number 393, running thence north along the west line of five-acre tracts numbers 398, 421, 426, 449, 454, 447 and 482 in land lot number 119 of the third district of Ben Hill county, Georgia, and along the west line of five-acre tracts numbers 505, 510, 533 and 538 to the northwest corner of same in land lot number 122 in the third district of said county and State; and thence east along the north line of five-acre tracts numbers 537, 538 and 536 to the northeast corner of said five-acre tract number 536 in land lot number 122 in the third district of said county and State: and thence to the northeast corner of five-acre tract number 833 in land lot number 121 in the third district of said county and state; and thence east along the north line of said five-acre tracts numbers 833, 834, 875, 876, 918, 919 and 960

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in said land lot number 121; and thence east along the north line of said five-acre tracts numbers 961, 1006, 1007, 1471, 1097, and to the northeast corner of five-acre tract number 1098 in land lot number 300 in the fourth district of said county, and State; and thence south along the east line of said five-acre tract number 1098 and five-acre tracts numbers 1109, 111 and 1122 in land lot number 300 in the fourth district of said county and State; and thence south along the east line of five-acre tracts numbers 1125, 1136, 1139, 1149, 1154, 1163 and 1168 in land lot number 301 in the fourth district of said county and State, and to the south line of said land lot number 301; and thence west along the south line of land lot number 301 to the southwest corner of land lot number 301; and thence south to the southwest corner of five-acre tract number 175 in land lot number 91 in the third district of said county and State; and thence west along the south line of said five-acre tracts numbers 1175, 1202, 1203, 1231, 1258, 1230, 1259 and 1286 to the southwest corner of said five-acre tract number 1286 in land lot number 92 in the third district of said county and State; and thence along the west line of said five-acre tract number 1286 to the northwest corner thereof; and thence a straight line to the point of beginning; all of which said five-acre tracts are a part of the survey of the American Tribune Soldiers Colony Company, platted and now of record in the office of the clerk of the superior court of Irwin county, Georgia, the said inhabitants are hereby incorporated under the name and style of city of Fitzgerald, and the said city of Fitzgerald is hereby chartered and made a city under the corporate name of city of Fitzgerald, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations and cities of this State, and all rights, powers, titles, property, easements, hereditaments within or without its corporate limits, now belonging to the city of Fitzgerald, incorporated by an Act approved December 2, 1896, and shall be and is hereby vested in the said city of Fitzgerald as created by this Act. And the said city of Fitzgerald as created by this Act may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, and have and use a common seal, make and enact through its mayor and aldermen such ordinances and by-laws, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city, as to the mayor and aldermen may seem best, and which shall be

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consistent with the provisions of this charter, the laws of the State of Georgia, and of the United States. And that the said city of Fitzgerald 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, tenements and hereditaments of whatever kinds, and within or without the limits of said city, for corporate purposes. Said city of Fitzgerald, created by this Act, shall succeed to all the rights of, and is hereby made responsible as a body corporate for all of the legal debts, liabilities and undertakings of the city of Fitzgerald, and its mayor and aldermen as a body corporate as heretofore, incorporated by an Act approved December 2, 1896. Fitzgerald, city of incorporated. Corporate limits and powers and rights. SEC. 2. Be it further enacted by the authority aforesaid, That the said city shall be divided into four wards as follows, to wit: The first ward shall be bounded on the north by the north line of the city; on the east by Main street north of Central avenue, and the line running north from the center of the north end of Main street to a point on the north line of the city; on the south by Central avenue west of Main street and a line running due west from the center of the west end of Central avenue to a point on the west line of the city. The second ward shall be bounded on the north by the north line of the city; on the east by the east line of said city; on the said south by Central avenue east of Main street and a line running due east from the center of said avenue to a point on the east line of said city; on the west by the east line of the first ward. The third ward shall be bounded on the north by the south line of the second ward; on the east by the east line of the city; on the south by the south line of the city; and on the west by Main street south of Central avenue, and a line running due south from the center of the south end of Main street to a point on the south line of the city. The fourth ward shall be bounded on the north by the south line of the first ward; on the east by the west line of the third ward; on the south by the south line of the city; on the west by the west line of the city. Wards. SEC. 3. Be it further enacted by the authority aforesaid, That at the election to be held on the third Tuesday in December next, and biennially thereafter, as hereinafter provided, there shall be elected a mayor who shall hold office for two years, and until his successor is elected and qualified; and in the event that the office of mayor shall become vacant by death, removal or otherwise, the mayor pro tem, or in case there is

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no mayor pro tem., the common council at the next regular session shall give ten days' notice in the official organ of the city of the date for the election of his successor, and said council shall call said election within thirty days from said vacancy. Said election shall be managed in the same manner as all regular city elections in accordance with this charter; provided, however, that if the office of mayor shall become vacant within three months from the expiration of the term of office, the mayor pro tem. shall act as mayor during the balance of the term, and exercise all of the powers of mayor during said term. The mayor shall be ineligible for the next succeeding term; he shall be the chief executive of the city, and shall see that all of the laws and ordinances of the city are faithfully executed, and shall examine and audit all accounts against the city before payment. He shall be paid a salary of $400.00 per year, to be paid monthly, and shall receive no other fees, or prerequisites in connection with his office. He shall have the power to convene the city council in extra session whenever, in his judgment, the exigencies of the case may demand it. He shall examine the books of all officers of the city whenever he sees proper to do so, and if any irregularities are discovered he shall report the same to the next meeting of the common council. Mayor, election, etc. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor, 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 said city for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding a fine of two hundred dollars, and imprisonment and labor on the public works of the city for sixty days for each offense, but shall in all cases make the sentence in the alternative. The like authority may be conferred upon any alderman at large by ordinance. Mayor's court. SEC. 5. Be it further enacted by the authority aforesaid, That said mayor, and in his absence the mayor pro tem., shall have the right to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be directed to the marshal or chief of police and the police officers of the city, and shall be executed by either of them; and to hold commitment trials and commit to the jail of said county, or admit to bail, offenders for their appearance at the next term of the city court of Fitzgerald, or of the superior court of said county, and it shall be the duty of the jailer of Ben Hill county to receive the persons so

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committed and safely keep them until discharged by due process of law. Jurisdiction. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor shall have no vote except in case of a tie; he shall have the power to veto all ordinances, orders and resolutions passed by the general or common council. When such ordinances, orders or resolutions contemplate the payment of any sums of money, or liability on the part of the city for the same, the said mayor shall have four days after the meeting at which the council voted wherein to file with the clerk of the council his dissent in writing, but the council may, in the manner prescribed in this charter for voting on such questions, pass the said order, ordinance or resolution over the veto of the mayor by a two-thirds vote of the council, said votes to be taken by yeas and nays and entered upon the minutes. In the absence of the mayor a like power may be exercised by the mayor pro tem. Before entering upon the discharge of the duties of his office the mayor shall take and subscribe the following oath before some judge of the superior court, or the ordinary of said county: I do solemnly swear that I will, to the utmost of my ability, discharge the duties of mayor for the city of Fitzgerald during my continuance in office. I am not directly or indirectly interested in any contract or work being done, or for material furnished for the city of Fitzgerald, and will not be so interested during my term of office; I do not hold any other office, municipal, county, State or Federal; so help me God. Before assuming office the mayor pro tem. shall take a like oath. Mayor, vote, veto and oath. SEC. 7. Be it further enacted by the authority aforesaid, That the legislative department of the city shall be vested in a board of aldermen. The mayor and board of aldermen shall be styled The mayor and council. Legislative department SEC. 8. Be it further enacted by the authority aforesaid, That at the next election, which is to be held on the third Tuesday of December next there shall be elected five aldermen from the city at large, who shall hold office for term of two years, and whose successors shall be elected from the city at large bi-ennially after. On the third Tuesday in December, 1908, there shall be elected one alderman from each ward for a term of two years, whose successors in office shall be elected biennially thereafter. All of said nine aldermen shall be elected by the qualified voters of the city at large, and the said aldermen shall receive for their services twenty-four dollars per year, to be paid monthly. Aldermen, election, etc SEC. 9. Be it further enacted by the authority aforesaid, That the aldermen elected shall, before entering upon the discharge of their duties, take and subscribe the following oath before a judge

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of the superior court or ordinary or justice of the peace: I, , do solemnly swear that I will, to the best of my ability, discharge the duties of alderman of the city of Fitzgerald during my continuance in office; that I am fully qualified to hold office under the charter of the city of Fitzgerald, and that I am not interested either directly or indirectly and will not become interested either directly or indirectly in any contract with the city of Fitzgerald, the mayor and council, or any one or more of them, having for its object the public improvement of the city or any part thereof, or the expenditure of any money, and that I hold no other office under the laws of this State or the United States. Oath SEC. 10. Be it further enacted by the authority aforesaid, That the aldermen elected shall be citizens of the United States and shall have resided within the State of Georgia twelve months and the city of Fitzgerald six months and in the ward from which he is elected thirty days next preceding his election. Said aldermen shall hold office until their successors are elected and qualified, and in case of a vacancy caused by death, resignation or otherwise, the mayor or the mayor pro tem. shall order another election after giving ten days' notice in the official organ of the city. Said order shall be issued as soon as said office is vacated. Said election shall be managed in the same manner as elections to be held in chief, according to the provisions of this charter on the subject of elections. Qualifications of aldermen. Vacancies SEC. 11. Be it further enacted by the authority aforesaid, That the present mayor and aldermen of said city shall continue in the office to which they have been elected until the third Tuesday in December next, or until their successors shall be elected and qualified, and that all ordinances now of force under the original charter of the city of Fitzgerald and the amendatory Acts thereof that are not inconsistent with the provisions of this charter shall continue of force until the same have been duly amended or repealed as provided for in this Act. Present aldermen SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Fitzgerald shall be ex officio superintendent of all the elections in said city except primary elections, and the 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 managers and clerk designated the number of books for the voting precinct, and prepared the forms of ballot and tally-sheets, they shall have said tickets printed as herein provided and provide for the erection of booths, and

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shall supply said tickets and tally-sheets and other election blanks to said 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 election 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, 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 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 Fitzgerald, without favor or partiality to any party or candidate, 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 terms, provisions and penalties provided by this Act shall apply to primary elections identically as to other elections unless expressly otherwise provided. Elections. SEC. 13. 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 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 recorded or counted in any election except it be provided and voted as herein prescribed. Ballots. SEC. 14. Be it further enacted by the authority aforesaid, That it shall be the duty of the superintendent 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 names of all who have filed, as hereinafter provided, with the superintendent of elections or executive committee in case of primary elections, written notice of their candidacy at least ten days before the date of election, and such names must be arranged upon such ballots in alphabetical order as to candidates for the 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. Written notice of candidacy hereinbefore

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referred to shall be filed as follows: In general elections with the superintendent of elections and in primary elections with the executive committee of the party holding such primary. Ballots. SEC. 15. 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, and the voters shall strike the one for which he does not wish to vote. Ballots. SEC. 16. Be it further enacted by the authority aforesaid, That in the preparation of the ballots the following forms 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 officers 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: Ballots. OFFICIAL BALLOT. FOR MAYOR. (Vote for one.) John Doe. Richard Roe. FOR ALDERMEN. (Vote for five.) John Doe. Richard Roe. Etc. For (designating special measure to be voted for). Against (designating special measure to be voted for). Election..... 19..... .....Manager. SEC. 17. 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 the voting place at least one hundred (100) ballots for every fifty 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. SEC. 18. Be it further enacted by the authority aforesaid, That no printer, publisher or any other person engaged by superintendents

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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 executive committee 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 in section 1039 of the Penal Code of Georgia. Ballots. SEC. 19. 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 the voting places in the city where voters are entitled to vote, and in case of primary election, 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 ordinary, 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 inclosure a room of sufficient size to allow the arrangement and disposition of 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 of 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 rail or barrier can approach within eight (8) feet of said booths, and when more than one booth or compartment

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is provided at any election precinct, the two booths shall be within three 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 elections, and no booth shall have more than one entrance. No person other than the election officers and voters shall be permitted within 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 24 of this Act. Booths SEC. 20. Be it further enacted by the authority aforesaid, That it shall be the duty of the superintendents of elections to appoint for the voting place in the city three managers of elections, 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 seek 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 electors 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 of the managers of the 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 one of them, appointed for any general election, or primary election, shall 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. 21. Be it further enacted by the authority aforesaid, That the managers of the elections at the voting precincts shall be provided by the superintendents of elections with suitable ballot-boxes, which boxes shall have a sufficient aperture to admit ballots. Ballot boxes. SEC. 22. Be it further enacted by the authority aforesaid, That

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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 ballots, which must have thereupon 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 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 desire. After preparing his ballot, the voter shall, before leaving said booth, or compartment, carefully fold the same so that the contents thereof can not be seen, and so the name of the manager signing the 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. 23. Be it further enacted by the authority aforesaid, That no elector shall remain in the booth longer than three 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 deface or spoil the same, he can apply to the managers 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 allowed to vote. SEC. 24. 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

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clerk to aid him in the preparation of his ballot, who 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 as 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 Civil Code of Georgia. Ballot defaced. SEC. 25. Be it further enacted by the authority aforesaid, That no person within or without said voting-room, or inclosure, 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 inclosure. Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 39 of the Criminal Code of Georgia. Voter. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of clerks of elections to keep three lists of voters voting at the elections, upon which list 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 the 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 signature of the managers. Lists of voters and tally-sheets SEC. 27. Be it further enacted by the authority aforesaid, That the consolidation of a vote at the 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 vote and certificate of result. SEC. 28. 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, where no punishment is otherwise herein provided, shall be guilty

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of a misdemeanor, and upon conviction shall be punished as provided in section 1039 of the Penal Code of Georgia. Non-feasance of officer. SEC. 29. Be it further enacted by the authority aforesaid, That if an election is contested, notice of the contest shall be filed with the ordinary of Ben Hill county within three days after said election, and said ordinary shall within two days after he receives said notice, cause a copy of the same to be served by the sheriff or his deputy on the contestee, and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice thereof to be served on the mayor of said city and the clerk of the council. The ordinary shall fix the time of hearing said contest, which shall not be later than ten days after said election, of which time both parties shall have five days' notice before the hearing, and the contest shall be heard at the county court-house. Said ordinary is authorized to and shall hear and determine any contest, and the losing party shall pay all costs, for which the ordinary is authorized to issue an execution and collect the same. Contests. SEC. 30. Be it further enacted by the authority aforesaid, That all persons qualified to vote for members of the General Assembly of this State, and who have paid all taxes and licenses due said city, and who shall have resided in said State twelve months and in said city six months next preceding said election, at which he offers to vote, and who shall have registered as required by the registration laws of said city shall be qualified to vote at any election provided for in this charter. Voters. SEC. 31. Be it further enacted by the authority aforesaid, That no officer or employee of the city shall be eligible to hold any office in said city excepting the superintendent of water and lights, the city engineer and the city architect, unless he is qualified to vote for members of the General Assembly, and for mayor and aldermen, under the provisions of this charter. Qualification of officers. SEC. 32. Be it further enacted by the authority aforesaid, That the clerk of the council shall on the first Monday in October of each year in which an election is to be held, open a registration book for the qualified voters of said city, and said book shall be kept open at his office, Sundays and legal holidays excepted, until the second Tuesday in November following, when it shall be finally and absolutely closed. It shall be the duty of the clerk, upon application of any male citizen qualified to vote for the members of the General Assembly, and who has paid all taxes and licenses required of him by the city authorities, and who has been a resident of said State twelve months and of said city for six months next preceding the election to be held, to allow him to register his

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name in said book, describing the applicant, name, age, color and the location of the number of the street and ward where he resides. The clerk shall not permit any one to register not lawfully entitled to do so, of his own knowledge, and shall in every instance administer to the applicant the following oath: You do solemnly swear that you are a citizen of the United States, and have resided in the State of Georgia twelve months and in the city of Fitzgerald six months next preceding the date of the election to be held, and that it is your intention to remain a resident of said city until the day of the election, and that you have paid all taxes and licenses due the city and all taxes required by the Constitution of Georgia of 1877; so help you God. Said oath shall be written or printed and attached to the registration book. The city clerk shall publish the number of registered voters in the official organ of the city not later than the first issue after registration books are closed. Registration of voters. SEC. 33. Be it further enacted by the authority aforesaid, That after the registration books are closed, it shall be the duty of the clerk to submit the same to the mayor and council, or to a committee appointed by the mayor and council. Upon the examination of said book, if the mayor and council, on their own information, or information furnished by others, find that some person is registered who is not qualified to vote, they shall cause a summons to be issued to him, requiring him to appear before the council within two days thereafter and show cause, if any he has, why his name should not be stricken off of the registration list. The clerk shall, five days before the date of holding the election, prepare a list of the names of the registered voters, arranged in alphabetical order, certify the same under his hand and corporate seal, and shall furnish a list to the managers of said election for their inspection during said election, and no person shall be permitted to vote whose name does not appear on said list, and after said election is over, it shall be the duty of the managers to return said list to the city clerk to be by him filed and kept. Lists of voters. SEC. 34. Be it further enacted by the authority aforesaid, That for any special election in said city for any special purpose, the clerk of the council shall open the registration books thirty days before said special election, and close the same ten days before the date of said election, and furnish the list of registered voters to the mayor and council and make up the list, and furnish the manager of said special election as hereinafter provided. A registration list of colored voters for all elections shall be made out separately, and notice of the opening of the registration book shall be

Page 624

advertised in all cases as hereinbefore provided. And the number of registered voters shall be published as required in section 32. Registration for special elections. SEC. 35. Be it further enacted by the authority aforesaid, That all persons registering or voting in any election, or primary election, who are not qualified to register or to vote according to the provisions of this charter, or city laws, shall be guilty of a misdemeanor, and upon conviction thereof in any of the courts of this State, shall be punished as prescribed in section 1039 of the Criminal Code of Georgia. Illegal voting. SEC. 36. Be it enacted by the authority aforesaid, That at each general election as hereinbefore provided for the election of a mayor and aldermen, there shall be elected a city treasurer, city marshal and city tax-assessor, and in case of vacancy in either of these offices by death, resignation or otherwise, the vacancy shall be filled as hereinbefore provided for the filling of a vacancy in the board of aldermen. Treasurer, marshal and tax assessor. SEC. 37. Be it further enacted by the authority aforesaid, That said city treasurer shall receive all moneys from all sources for the city of Fitzgerald, and shall keep a complete record of the same, and shall keep a separate account for each appropriation made for each separate and distinct purpose, and shall only honor warrants drawn for that particular purpose, and shall notify the chairmen of the various committees from time to time as often as necessary the amount of money on hand appropriated for the use of that particular committee, and shall pay no warrant except in compliance with the provisions of this charter. The city treasurer shall make full and complete statement of his actings and doings monthly to the mayor and council, and as often as may be found necessary. Said city treasurer shall perform such other and further duties in connection with the office as the mayor and council may by ordinance prescribe. Said city treasurer before entering upon the duties shall take and subscribe to an oath to faithfully discharge the duties of the office and shall give bond in such sum as may be required by the mayor and council, conditioned for the faithful discharge of the office and for the faithful accounting to the city of Fitzgerald for all moneys that may come into his hands as such treasurer, said bond to be made payable to the city of Fitzgerald. The said city treasurer shall receive for his services the sum of $75.00 per month. City money how kept and disbursed. Duties, oath and bond of treasurer. SEC. 38. Be it further enacted by the authority aforesaid, That the said city marshal shall be the collecting officer of all executions issued for unpaid taxes, licenses and other matters, which he may be directed to collect by the mayor and council; he shall take and subscribe the same oath as the clerk, and shall give bond

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with a good security in such amount as the mayor and council may direct, conditioned for the faithful discharge of the duties of his office; he shall be sanitary inspector, and shall be sworn in as a policeman, and shall look after all licenses that may be assessed against any person, firm or corporation doing or carrying on any kind of business within the said city, and shall see that the same is paid. There shall be taxed against all persons against whom an execution shall be issued, and for levying the same, the same costs as are now allowed sheriffs for like service, and the same fees for selling, making titles and for advertising as are now allowed to sheriffs for like services, but these fees shall not be prerequisites of the marshal, but shall be paid over by him to the city clerk who shall pay the same to the city treasurer. Said city marshal shall make a monthly report of all executions collected by him, and the amount of costs paid to him, and for what fund the same was paid out. Said city marshal shall do and perform any other service that may be required of him under this charter and the ordinance of said city. Said city marshal shall receive a salary for said services the sum of $900.00 per annum, to be paid monthly. Marshal, duties and salary. SEC. 39. During the month of January of each year the city council shall elect from among the qualified voters of the city of Fitzgerald three upright, intelligent freeholders who shall act as city tax-assessors, and whose duty it shall be to visit each city lot or other subdivision of land within the city of Fitzgerald and place a fair valuation thereon, and whose duties it shall be to value all improvements and assess for taxes in the city of Fitzgerald all other property, real and personal, and of every nature whatsoever, and cause to be made returns thereof on a form similar to that used by the State of Georgia State and county taxes. It shall be the duty of said assessors to search diligently for all property subject to city taxation, so that no property may go untaxed. The city council of Fitzgerald shall fix and prescribe the pay for the services of said assessors, and said assessors shall be required to deliver their tax returns as fast as completed to the city clerk, who shall immediately transcribe them on the city tax digest, and all returns and the digest shall be prepared and completed not later than April 1st of each year. All complaints, if any should arise, against city tax assessments shall be heard and adjusted by the city council at its first regular session in May of each year, and if there should be an excessive number of complaints then and in that event the city council shall continue its sessions from day to day until said complaints have been heard and adjusted. And the action of the council, and the adjudication of the said tax matters shall be final. Said assessors shall act in conjunction in making

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each and every assessment. Before entering upon the duties of tax-assessors each assessor shall take the following oath before a duly authorized officer: I, , do solemnly swear that I will faithfully, impartially and intelligently perform the duties of city tax-assessor of Fitzgerald, Georgia, to the best of my ability: so help me God. Tax-assessors, election, duties and oath. SEC. 40. Be it further enacted by the authority aforesaid, That at the first regular meeting of the mayor and council that shall be held, they shall elect a city clerk, a city attorney, a city engineer, a chief of police, and such other officers and servants as the mayor and council shall deem necessary for the government of said city. Each of said officers shall be elected for a term of one year, and shall subscribe an oath for the faithful performance of their duties; that they are qualified to hold office; and shall give such bond as the mayor and council may by ordinance provide. Said bond shall be made payable to the city of Fitzgerald, and shall be approved by the mayor and recorded by the clerk in a book kept for that purpose. Officers elected by council. SEC. 41. Be it further enacted by the authority aforesaid, That said city clerk shall be a practical bookkeeper, and shall keep his office at the city hall of said city, and shall keep a corporate seal and all papers and records of the city appertaining to his office, and shall keep the minutes of the city council, and shall report annually on or before the first day of January of each year to the city council an estimate of the expenses of the city and the amount of revenue necessary to be raised for the current year, and shall perform all such duties as may be required of him under this charter incident to his office, or that may be required of him by the ordinances of said city. Copies of all papers filed in the office of the clerk and transcripts of the records of the city council certified by the clerk under the corporate seal shall be evidence in all courts as if the original was produced. The clerk shall receive for his services the sum of nine hundred dollars per annum and shall be ineligible for any other public office during his term of office as clerk, and shall keep his office open from 8 o'clock a.m. until 6 o'clock p.m., except one hour at noon of each day, Sundays and legal holidays excepted, and shall faithfully discharge the duties of city clerk, and execute a bond in the sum of $5,000, to be approved by the mayor, payable to the city of Fitzgerald, conditioned for the faithful performance of the duties of his office. The clerk shall keep separate account in which he shall enter the amount appropriated for each separate and distinct purpose, and in drawing his warrants upon the city treasurer he shall draw his warrant against that particular fund. Said clerk shall cause to

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be made monthly a full report of all moneys to be collected by the city treasurer from every source, and all warrants drawn by him, and said report shall be spread upon the minutes of the council. Said clerk shall issue all tax executions and shall keep a tax execution docket in which he shall enter all executions issued, the name of the party against whom issued, the amount of the tax, and the final disposition of the same. For issuing each execution for taxes, or for licenses, or for other cause, he shall cause to be charged and collected the sum of fifty cents each, which said sum shall be paid to the city treasurer. The mayor and council shall purchase for said city clerk all books necessary to transact the business of his office and such other stationery and printed matter as may be needed for the same. The city clerk shall not make any collections, but shall keep an accurate record of all funds due the city which shall finally be chargeable to the records. Clerk, duties, compensation, etc. SEC. 42. Be it further enacted by the authority aforesaid, That the city attorney shall be legal adviser for mayor and council. Before entering upon the duties of his office, he shall take and subscribe an oath for the faithful discharge of his duties as city attorney. When called upon by the mayor and council, he shall give written opinions upon any subject or matter with respect to the law; shall attend the sessions of the police court when called upon by the mayor; he shall attend the meetings of the mayor and council upon request of the mayor or council; shall look after all legal matters and litigation wherein the city of Fitzgerald is involved; and shall discharge such other duties as may be required of him by the mayor and council connected with his office as city attorney. Said city attorney shall receive a salary of $200.00 per annum, payable annually, and actual expenses incurred while in the discharge of his duties as city attorney outside of the county of Ben Hill by and with the authority of the mayor and council. He shall hold office for the term of one year and until his successor is elected and qualified. City attorney, duties, compensation, etc. SEC. 43. Be it further enacted by the authority aforesaid, That at the first regular meeting of the mayor and council in each year that shall be held they shall receive sealed proposals from the banks of the city of Fitzgerald to become city depository. Said proposals shall state the amount of interest such banks are willing to pay on the daily balances of cash deposited by the city, and the rate of interest that they will charge the city on the average daily overdraughts of the city, and shall propose to render a statement to the city clerk, showing the amount of each and every day's balance or overdraft. The mayor and council shall accept the best bid that may be offered by any one of such banks for the city's deposit

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account, and said bank shall give bond in such sum as the city may require for the safe-keeping of such deposits and for the faithful discharge of its duties as the city's depository, and for the discharge of such other duties as may be required under the terms of this charter and the ordinances of the city with respect to such duties. City depository. SEC. 44. Be it enacted by the authority aforesaid, That the chief of police elected shall hold office for one year from date of the election, or until his successor is elected and qualified. He shall be a qualified voter and citizen of the city, and shall take and subscribe an oath that he will faithfully discharge the duties of chief of police of the city of Fitzgerald to the best of his ability, without favor or affection. He shall have full direction and management of the policemen under him, subject to the control and direction of the mayor and the mayor and council by ordinance. He shall see that all ordinances are enforced, and that the men under him are of good moral character and discharge their duties faithfully. If any policeman is negligent or inefficient in the discharge of his duties, the chief of police shall immediately suspend him from office, and report his suspension to the mayor, and such action shall be taken as may be provided by ordinance. He shall attend each session of the mayor's court, or instruct one of the men under him to be in attendance. He shall attend each session of the mayor and council, keep a record of all arrests made, the offense for which they were arrested, and shall on or before the session of the police court each day hand in to the clerk a record of all persons so arrested. He shall keep a complete record of the disposition made of all cases, and if the offender is fined, the amount of the fine, collect the same and pay the same over to the city treasurer. If such offenders are sentenced to work on the streets or public works, he shall keep a complete record of that fact in a book to be furnished him for that purpose. He shall make a monthly report of his actings and doings and of all fines collected to the mayor or chairman of the committee for the police department, as provided by ordinance. He shall monthly make a full report of all things connected with his department to the mayor and council, and shall do and perform all other duties incumbent upon him as provided by ordinance. He shall receive a salary of $75.00 per month. Chief of police, duties, salary, etc. SEC. 45. Be it further enacted by the authority aforesaid, That such patrolmen or policemen as may be needed by the city shall be elected by the mayor and council, and serve for one year; and shall take and subscribe an oath the same as provided for the chief. They shall receive a salary of sixty dollars per month. Patrolmen.

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SEC. 46. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police and the policemen to examine all buildings in the city, and, if dangerous, to report that fact to the mayor, or the chairman of the committee for that purpose as provided by ordinance. It shall be their duty to examine and see that all chimneys and flues are in proper and safe condition, and to see that the water mains are not tapped and water taken therefrom except by order from the proper authorities, and that the electric light wires are erected in a safe manner, and see that each and every ordinance of the city is properly enforced. Duties of policemen. SEC. 47. Be it further enacted by the authority aforesaid, That each police officer shall be furnished with blank summonses as hereinafter provided for, and when an offense is committed, not in their presence, and they are satisfied that the offender is not likely to leave the city, they shall give him a written summons to appear before the mayor's court. If they believe that the defendant will leave the city and not obey said summons, then they shall apply to the mayor or to one of the aldermen for a warrant, which shall be executed by them and a bond taken to require the offender to appear before the mayor's court for trial. Upon the arrest of any person for violating the criminal laws of Georgia, they shall immediately carry such person before a magistrate, and see that a proper warrant is sworn out. It shall be the duty of all police officers in all cases where they know that the State law is being violated, to apply to the nearest magistrate for a warrant and execute the same. Arrests. SEC. 48. Be it further enacted by the authority aforesaid, 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 for either side, continue the hearing until such time as the court 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 he may be imprisoned to await the trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the mayor, mayor pro tem. or alderman at large, as the case may be, and execution issued thereon by serving the defendant, if any be found, and his securities with a rule nisi, at least five days before the hearing of said rule nisi. Appearance bonds. SEC. 49. Be it further enacted by the authority aforesaid, That any person convicted before the mayor or other presiding officer of the police force shall have the right of certiorari to the city court of Ben Hill county; provided, all costs are first paid and

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bond and security given in double the amount of the fine imposed to answer the final judgment in the case; and provided further, that nothing in this section shall prevent the defendant, if he desires to certiorari his case to the city court, to file the usual pauper affidavit in lieu of giving the bond and security, and the payment of the costs; and provided further, that the applicant failing to give bond and security may, in the discretion of the mayor, or acting mayor, be placed in the city prison or county jail to await final judgment in the case. All certioraries shall be governed by the same rules that govern other certioraries, except as above prescribed. The mayor and council shall provide by ordinance for the form of all accusations, affidavits and warrants to be issued for violation of the city ordinances and laws and the procedure in such trials. Certiorari. SEC. 50. Be it further enacted by the authority aforesaid, That there is hereby created a water, light and bond commission, to consist of three upright, intelligent citizens of the city of Fitzgerald, of sound business discretion, whose duties and powers it shall be to take charge of, operate and maintain the present system of water and lights in the city of Fitzgerald, and improve the same through and by proper agents in and for the interests of the city of Fitzgerald; whose duties it shall also be to construct and maintain a system of sewerage for the said city of Fitzgerald. The said water, light and bond commission shall have the control of the sale of all bonds that may be issued by the city of Fitzgerald, and of all contracts made in behalf of the said city for water and lights and sewerage purposes. And the said water, light and bond commission is further authorized to control in like manner any and all other bonds that may be issued by the city of Fitzgerald from time to time, and for the carrying into effect the provisions of this section, said water, light and bond commission is hereby given authority to negotiate loans, if necessary, through the mayor and council, or direct, on behalf of the city of Fitzgerald, and all profits arising from the operation of said water and light and other public works under the control of the said water and light and bond commission shall be paid monthly into the city treasury of Fitzgerald; and it shall be the duty of the city council to supply said water, light and bond commission with funds, if necessary, to carry into effect the provisions of this section. Water, light and bond commission The following citizens of Fitzgerald, Georgia, are hereby created the first members of said water, light and bond commission, to wit: L. O. Tisdel, A. H. Denmark and E. K. Farmer, and said commissioners shall hold their office until January 1, 1909, or

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until their successors are elected and qualified; and their successors in office shall be elected from and by the city at large at the December election, 1908, for city officers, and biannually thereafter. Said water, light and bond commission shall be required to give good and sufficient bond, payable to the city of Fitzgerald for the forthcoming of all funds and records entrusted to them, and for their acts and doings as said commission. Said bond to be assessed by the city council of the city of Fitzgerald. Commissioners appointed. SEC. 51. Be it further enacted by the authority aforesaid, That the city clerk and treasurer shall immediately open an account upon their books with said bond commission, and shall turn over to said commission all the taxes collected under the existing laws, or which may be raised in future, for the purpose of paying all bonded indebtedness, or interest thereon, due by or against the city of Fitzgerald, and the mayor and council shall cause to be paid over to said bond commissioners a sum sufficient 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 of the city. Said commission shall have the power to invest any of the moneys in its custody in valid State, county and municipal bonds; and if the aforesaid bonds can not be purchased, said commission may loan said sum of money for a period of five years, or less, upon real estate security; but shall not loan to any one person more than one thousand dollars, and no loans shall be made for more than one-third of the assessed value of the real estate, which was made for the previous year. The borrower shall furnish at his own expense an abstract of title, keep the property insured, record the deed, and pay all taxes and charges against said property; and in all loans upon real estate the commissioners shall take a deed and notes in the name of the city, specifying that it is a part of the sinking fund loan, and execute a bond for recognizance, which bond and all other papers shall bear test in the name of the city of Fitzgerald, signed by the chairman of the bond commission, and the city clerk, who shall also be ex-officio clerk of the bond commission. Money so loaned shall be at the highest legal rate of interest. Said bond commissioners shall be authorized to dispose of all bonds, invest the proceeds, and in their discretion buy up the bonds of the city, or any of them before maturity, paying premium therefor on their wise discretion, and the mayor and council of the city shall each year appropriate a sufficient sum of money to defray the necessary expenses of said commission. Said bond commissioners shall give bond in such amount as may be fixed by the mayor and council,

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and shall be paid the sum of one hundred dollars per annum each, the same to be paid monthly. Duties and powers of said commission. SEC. 52. Be it further enacted by the authority aforesaid, That it shall not be lawful for the mayor or any alderman, or any member of the bond commission, superintendent of the water and light plant, or any member of the board of health, city engineer or the architect, or engineer who submits plans and specifications of any building, sewerage or street improvement, or any of the employees of the city, to be entrusted directly or indirectly as a stockholder in any corporation, or firm, in which any of the said officers, or employees, or their wives, shall be interested directly or indirectly, which may enter into any contract with the city of Fitzgerald, the mayor and council, the water and light and bond commission, all other persons in behalf of the city, for any street improvements, sewerage or building of the city; or in the purchase of supplies of any kind for the use of said city; and any violation of this section by any of the aforesaid officers or employees of the city shall be a misdemeanor, and the offender shall be indicted for a misdemeanor, and upon conviction thereof, shall be punished as prescribed by section 1039 of the criminal Code of Georgia. Municipal contracts. SEC. 53. Be it further enacted by the authority aforesaid, That the first half of all city taxes called for by the city tax digest shall be payable during July, and the second half payable during December of each year. Any taxes payable according to this section not paid as above stated shall be increased ten per cent. as penalty for non-payment within the time prescribed. Taxes, when payable. SEC. 54. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority for the assessment, levying and collecting of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of indebtedness, money used for banking and every other species of property in said city, or owned or held therein, if not exceeding one dollar on one hundred dollars as now authorized by law; and for the purpose of providing for a sinking fund for the paying of any bonds heretofore issued, or that may hereafter be issued by said city authorities, and to provide a fund for the payment of the annual interest of said bond, a greater ad valorem tax may be levied and collected; said mayor and council shall have power to provide by ordinance for the return of all taxable property in said city, and to provide penalties for the neglect or refusal to comply with the same. Ad valorem tax.

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SEC. 55. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to impose a tax on all dogs in the city, not exceeding one dollar for males, and two dollars for females, and shall provide by ordinance for the collection of said tax, authorizing the city policemen to kill any dog or dogs running at large in said city, whose owners fail to comply with said ordinance. Dog tax. SEC. 56. Be it further enacted by the authority aforesaid, That all persons subject to general duty between the ages of fifteen and sixty, who are not exempt under the State laws from working the roads, shall be subject to street duty and the mayor and general council may provide when and how they shall work said streets. They shall be required to work not less than four days in any one year, or in lieu of working said four days, they may pay the sum of $3.00, which sum shall be paid at such time as the mayor and council shall direct. The mayor and council shall by ordinance provide how the tax shall be collected, or how the person subject to street duty shall be summoned to work on the streets, or upon failure to work or pay the tax, they shall be fined in a sum not exceeding fifty dollars, or sentenced to imprisonment to work on the public works of the city, not more than ten days. Street work or commutation tax. SEC. 57. Be it further enacted by the authority aforesaid, That the assessors of property in said city for taxation shall, in assessing land which is used for agricultural purposes only, first ascertain the value of said land that it may have by reason of its being within the corporate limits of said city, then ascertain its value for purely agricultural purposes, and deduct the purely agricultural from its value first ascertained, and the amount of value after such deduction shall be assessed and subject to taxation as other property of 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, or to any lands not actually cultivated in some of the ordinary farm products. Valuation of agricultural land. SEC. 58. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to require any person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any 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 such person, company or corporation to pay for said registration, and, for license to carry

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on, prosecute or engage in said business, calling or profession, such amounts as the mayor and aldermen may provide by ordinance. Said mayor and council may provide by ordinance for the punishment of all such persons, firms, companies or corporations required by ordinance to register and pay such license, taxes, or to take out said licenses for same, who fail to comply in full with all of the requirements of said ordinance made in reference thereto. License tax. SEC. 59. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to license pool tables, billiard tables, tenpin alleys, and all tables kept and used for the purpose of playing or renting, all tenpin alleys, ninepin alleys, or alleys of any other kind, which are kept for the purpose of playing on, and to charge for such license such sum as they may by ordinance prescribe. Licenses for places of amusement. SEC. 60. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to assess the license tax upon all persons carrying on a brokerage business, in said city, in addition to all other taxes that they may pay. They shall have the power to license brokers, to define by ordinance their powers and privileges, to revoke their licenses, impose taxes, and exercise such superintendence as will insure fair dealings between them and their customers. License for brokers. SEC. 61. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority to license, regulate and control all markets in the city, opera-houses, hacks and drays, used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant lightningrod dealers, emigrant agents, all fire or life insurance companies doing business in said city, trades and professions of every kind not exempt under the State law, itinerant dealers in jewelry and medicine, and all itinerant articles of merchandise, except such as are exempted by the laws of this State; also any person running a flying-jenny, flying-horse, merry-go-round, bicycle or skating rink, and all circuses, sideshows, and other shows and performances, exhibiting in said city, and all persons selling goods, wares or merchandise by sample, or otherwise, and all other business, calling or vocation, which under the Constitution and laws of this State are not exempt from license, shall be subject to license under the ordinances of the city passed in conformity with the provisions of this Act. Specific taxes. SEC. 62. Be it further enacted by the authority aforesaid,

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That the mayor and council 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 over said city; and to prevent and to prohibit the keeping of hogs within the city limits, and to regulate the manner in which they must be kept, if allowed to remain; and to impound such animals when found upon the streets of the city, and to charge such fees for the same as they may prescribe, and in addition thereto charge for the keeping of any animal or animals so impounded and when the owner or owners of such impounded animal or animals shall fail or refuse to pay the impounding fee and costs of keeping said animal, the same may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal under such rules and regulations as may be prescribed by ordinance. Stock law. SEC. 63. Be it further enacted by the authority aforesaid, That all dealers in ice, coal and wood shall pay to the city a license tax in such sums as may be fixed by ordinance, and shall before commencing to do business in this city, obtain from the clerk a license, and upon complaint that any one of such dealers is selling ice, coal or wood under short weights or measures, less than the State's standard weight and measure, a case shall be made against such dealer, and upon conviction, in the mayor's court of the city, his license shall be revoked, and he shall be bound over for his appearance in the State's courts to answer for a violation of the State laws, and it shall be the duty of the city marshal and the policeman, whenever complaint is made, to make an immediate investigation of the same, and to do this they may, at any time, stop any of the wagons of the ice, coal or wood dealers and have the articles weighed or measured and see if it is short weight or measure, but farmers residing without the city's limits bringing wood into the city shall not be required to procure license, but shall be otherwise amenable to the provisions of this ordinance. Dealers in ice, coal and wood. SEC. 64. Be it enacted by the authority aforesaid, That said mayor and council shall have full power and authority to pass such ordinances as they may think proper to more effectually prohibit the sale of spirituous, vinous and intoxicating liquors within the incorporate limits of the city of Fitzgerald, and for that end may provide ordinances furnishing any person or persons keeping in said city spirituous, vinous and intoxicating liquors for illegal sale, or dispensing the same, for advertising

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purposes, or in order to secure trade; they are also empowered to pass ordinances providing for the punishment of any person who may purchase in said city any of said liquors from any person or persons illegally selling by himself or agent any of such liquors within the corporate limits of said city. Sale of liquor. SEC. 65. Be it further enacted by the authority aforesaid, That the marshal and policeman shall have full power and authority to enter and, if necessary, break open and enter, any place in said city, when the mayor and aldermen may have reasonable cause to believe that, or may suspect such place to be a place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of such liquors, and the apparatus for selling same; said mayor and council shall have full power and authority to abate as a nuisance any place in said city, when the mayor and council shall have reasonable cause to believe that spirituous, vinous, malt or intoxicating liquors are sold in such places, and to arrest the offenders; and upon the conviction of any person for maintaining a nuisance as above stated, the mayor shall have full power and authority to cause the marshal and policeman of said city to seize and destroy the stock of liquors and apparatus for selling the same found within the city, and otherwise punish the person maintaining such nuisance as may be prescribed by ordinance. Said mayor and the council shall have full power to carry into effect and force the provisions of this section. Blind tigers. SEC. 66. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to cause owners of city lots, or parts of lots, and cellars, if the same should become a nuisance, or the board of health should recommend that lots or cellars be filled or drained, to cause the owners to fill or drain said lots or cellars to the level of the alleys or streets on which said lots are located. The owner or occupant of such lots or cellars should fail or refuse, after reasonable notice, either to themselves or to their agents, as the mayor and council may provide, to comply with the requirements of said mayor and council by draining or filling said lots or cellars, it shall be lawful for the said mayor and council to have this work performed, and by ordinance tax the cost against the property and collect the same by execution, issued as provided by ordinance. Said mayor and aldermen may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. Drainage. SEC. 67. Be it enacted by the authority aforesaid, That the

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mayor and council of said city shall have full and complete control of the streets, sidewalks, public parks and alleys 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 the purpose of widening, straightening, grading or in any way changing streets, lanes and sidewalks in said city, and when the mayor and council shall desire to exercise the power and authority granted in this section, it may be done, whether the lands condemned are in the hands of an owner, trustee, executor, administrator, guardian or agent in the same manner as provided by sections 4657-4685, inclusive, of volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof. The mayor and council may abandon such proceedings at any time upon the payment of accrued costs. The mayor and council shall have full power and authority to remove or cause to be removed any buildings, steps, awnings, or other obstruction or nuisances upon the public streets, alleys, sidewalks or other public places in said city and to enforce the provisions of this section by appropriate ordinance. Streets, etc. SEC. 68. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve the travel or drainage of the sidewalk, street, alleys and public parks of said city, and to carry into effect the authority herein granted, the mayor and council shall have full power and authority to assess the costs of paving and otherwise improving the sidewalks and streets against the real estate abutting on such sidewalks to the amount of not more than two-thirds of such costs; 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 such streets in such proportion as the mayor and council may provide by ordinance. 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 purposes above stated as may be just and proper, estimating the total cost of each improvement made, and prorating the costs thereof on real estate according to its frontage on the streets or portions of street so improved, or according to the area or value of said real estate, either or all as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the

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assessment. Said mayor and council shall have full power and authority to enforce the collection 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 the ordinance, making such assessment; which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings as in the case of other sales, the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The marshal shall execute a deed to the purchaser and shall have authority to eject the occupants and put the purchaser in possession; provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount that he admits is due, which amount, admitted to be due with all costs, shall be paid before the affidavit is received, and the affidavit shall be returned to the superior court of Ben Hill county and then tried and the issue determined as in the case of illegality, subject to the penalty provided for illegality filed for the purpose of delay. The mayor and council shall have authority to pave, and contract to pave the whole surface of the streets without giving any railroad company or other property-holder or other occupant of the street the option of paving such streets themselves. The lien for assessment on abutting property and on street railroads, or other railroad company 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 council shall have the power and authority to prescribe by ordinance such rules as they may, in their discretion, think necessary to grade, pave, drain or 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 company and to provide how the agent or owners thereof shall be served with notice by personal service or by publication. Street improvements SEC. 69. Be it further enacted by the authority aforesaid, That the 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 make such regulations concerning them in all particulars as may seem best for the preservation of the

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health and comfort of the inhabitants of said city. The said mayor and aldermen shall have the power and authority to prescribe the kind of water-closets and urinals to be used in the corporate limits of said city, and shall have the power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and council, or whenever they shall become a nuisance. They shall have the 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 sewers under such rules and regulations as may be prescribed by the mayor and council, and said property-owners who fail to connect any water-closets or urinals with the sanitary sewers of said city within the time prescribed by the mayor and council. Such connections may be made by the city, and the cost taxed against such property and execution issued, which may be enforced in the manner prescribed for the enforcement of other executions for taxes. Sanitation. SEC. 70. Be it further enacted by the authority aforesaid, That the mayor and council may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city of Fitzgerald, and enlarge, change or modify its limits from time to time, to prescribe when, how and of what material buildings in said city limits may be erected or covered, how thick the walls must be, the manner in which the chimneys, stovepipes and flues shall be constructed, to change all things they may deem necessary to protect said city so far as possible from danger from fire, and to prevent conflagrations. They shall 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 to make the owner or occupant of the premises pay the expenses of the change as they may 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 councilmen may order said building removed; and if said firm, person or corporation shall not remove said building, after notice to do so, then said mayor and council shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution. Fire limits. SEC. 71. Be it further enacted by the authority aforesaid, That

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at the first regular meeting of mayor and council which shall be held, they shall elect a chief of the fire department, and as many firemen as may be necessary for the proper conduct of the fire department. Said chief and firemen shall take and prescribe an oath that they will faithfully discharge to the best of their ability their duties as such chief and firemen respectively. It shall be the duty of the chief and firemen to make quarterly inspection of all poles and wires and lights in the city, to see that they are safely erected and constructed and report to the chairman of the water and light commission and to the mayor any defect that they may find with such recommendation as the chief may see proper to make. The chief shall examine all chimneys and flues in the city when required to do so by the mayor and council, and discharge such other duties connected with his office as may be required of him by the mayor and council. The term of office of such chief shall be for one year unless removed for cause by mayor and council. The salaries of the chief of the fire department and the firemen shall be fixed as provided by ordinance. Fire department. SEC. 72. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power to require the railroads running through said city, or a portion thereof, to make and repair such crossings on their roads whenever and in such manner as such mayor and aldermen shall deem necessary; to place or repair such crossings; or to open and keep open any and all streets in said city; and the said mayor and council may pass any ordinance needful for the carrying out of the provisions in this section, and in case the railroads aforesaid shall fail or refuse to make such crossings within five days, or to repair the same within twenty-four hours after having been notified to do so, by the mayor and council, the said mayor and council shall have the power to put in or repair such crossings at the expense of the said railroad, and may issue execution therefor as other executions are issued by the clerk of the council and collect the same as provided in case of tax execution. Railroad crossings, etc. SEC. 73. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the right to provide for and regulate the pipes and gutters that empty into the streets or sidewalks in said city; to regulate and prohibit, except as such power may be restricted by any existing general law, the use of the streets, sidewalks, and public grounds for signs, signposts, awnings, telegraph, telephone poles, horse-troughs, and racks and for posting of handbills, advertisements; and to regulate or prohibit the carrying of banners, handbills and placards

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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 the same to any location designated by the mayor and council; and in case said telegraph and telephone company shall fail to remove the same within ten days after having been duly notified to do so, said city shall have the right to remove the same at the expense of said company and collect the same by execution. Police regulations. SEC. 74. Be it further enacted by the authority aforesaid, That said city of Fitzgerald shall have the power and authority to erect and maintain a sewerage system for said city and to contract for the purchase of lands and water-rights to be used in connection therewith either in or without the city, and, if necessary, to condemn lands and water-rights for such purposes. Sewerage system. SEC. 75. Be it further enacted by the authority aforesaid, That the mayor and council of Fitzgerald are authorized and empowered to order an election by the qualified voters of said city at such times as the mayor and council may designate to determine whether or not bonds shall be issued by the city of Fitzgerald in sums not exceeding the sum of two hundred thousand dollars, to be sold for the purpose of improving and enlarging the water and light plant now established and in operating and maintaining the same, and for the purpose of establishing, building and acquiring a sewerage system in said city, and for the purpose of building a public school building for said city. Said election shall be held in accordance with the provisions of sections 377 to 380, inclusive, of the Code of Georgia of 1895. At said election the ballots shall be For water and light bonds, or Against water and light bonds, For sewerage bonds, or Against sewerage bonds, For public school bonds, or Against public school bonds. The said mayor and council shall determine the amount of bonds necessary for the improving and enlarging of the water and light plant and shall advertise the election, naming the amount of bonds to be issued for that purpose. They shall determine the amount of bonds necessary for sewerage and in the advertisement shall specify the amount of bonds that will be issued for sewerage purposes. They shall determine the amount of bonds necessary for school purposes and in the advertisement of the election shall specify the amount of bonds to be issued for school purposes. The bonds so issued are to be issued in the denomination of not less than five hundred dollars, and not more than one thousand dollars each. Municipal bonds. SEC. 76. Be it further enacted by the authority aforesaid,

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That said bonds when so issued shall be sold by the wanter and light and bond commission, the sale to be advertised in one of the leading papers in New York, Boston, Mass., Chicago, Ill., Philadelphia, Atlanta, Macon and Savannah, Ga., and the official organ of the city of Fitzgerald for a period of thirty days. Sealed bids for said bonds shall be received and said bonds shall be sold to the highest and best bidder. The sale of said bonds shall be ratified by the mayor and council. Bonds, how sold. SEC. 77. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Fitzgerald shall be, and are, hereby authorized and empowered to annually assess, levy and collect on all property, real and personal, a tax in such sums as may be deemed necessary for the purpose of paying the interest on said bonds, and to create a sinking fund sufficient to redeem and pay off said bonds at their maturity; and the tax so assessed, levied and collected shall be kept separate and distinct from all other taxes and money 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 accumulation of a sinking fund for the payment of the principal. Sinking fund. SEC. 78. Be it further enacted by the authority aforesaid, That if an election be held as herein provided and the same shall be against the issue of bonds for any of the purposes herein specified, the mayor and council may at any time thereafter, at the expiration of three months from the date of said first election, or any succeeding election, order another election under the provision of this charter, and may continue to do so until the issuance of said bonds is authorized by the legal voters of the city in the manner prescribed by law. The mayor and council may advertise such election for water and light, sewerage and public school bonds at one general election; or they may advertise for one or more of said purposes, or one only of said purposes, as in their judgment may be necessary. Other elections. SEC. 79. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to enact ordinances for the purpose of preventing the spread of contagious or infectious diseases, to declare and maintain quarantine regulations against such diseases, and to punish violators of any of the quarantine regulations of said city. They shall have the power to build or establish pest-houses outside of the city limits and for this purpose they are authorized to buy, hold or receive real estate outside of the city limits. They shall have the power to compel the removal to the pest-house of any person

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or persons who have the smallpox or contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the city to vaccinate all persons who are unable to procure said vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Quarantine etc. SEC. 80. Be it further enacted by the authority aforesaid, That the mayor and council of said city may have the power and authority to protect all places of divine worship, and the cemeteries of said city; and to provide one or more cemeteries for the burial of the dead, either within or without the city; and to regulate interments therein; and to expend annually a sufficient sum for the proper keeping of said cemeteries. Places of worship and cemeteries. SEC. 81. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the 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 franchise shall be granted for more than a term of twenty years, nor without compensation to the said city to be provided for in said franchise ordinance. Franchises SEC. 82. Be it further enacted by the authority aforesaid, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, such person may be apprehended wherever he may be found in this State; and the warrant of the mayor or mayor pro tem. of said city shall be sufficient authority for his arrest, return and trial upon the charges resting against him; and should any person after trial and conviction of any violation of any ordinance of said city escape, he may be apprehended wherever found in any county in this State; and the warrant of the mayor or the mayor pro tem. of said city shall be sufficient authority for his arrest and return; and all persons thus escaping from the custody of said city may be tried again for such escape, and upon conviction may be punished as prescribed by ordinance, the penalty not to exceed that hereinbefore provided for the violation of city ordinances. Fugitives. SEC. 83. Be it further enacted by the authority aforesaid, That the mayor and council of said city are empowered and authorized by themselves, or through a committee, in the discretion of said mayor and council to examine into the working of the business of any office of said city, or examine into the conduct

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of any officer of said city, and the said mayor and council or committee conducting said examination shall have the power to send for the person and papers of such officer and compel their attendance upon such examination, swear witnesses, and compel the production of books and papers of all other persons as may be required in such investigation. Supervision of municipal offices. SEC. 84. Be it further enacted by the authority aforesaid, That the said mayor and council shall provide for said city a safe and suitable prison for the keeping and detention of city prisoners and convicts; and they may establish and provide a chaingang in which to work persons who have been convicted of violating any of the city ordinances. Said mayor and council are also empowered to use and work in such chaingang misdemeanor convicts from the city court of Fitzgerald or the superior court of Ben Hill county, and provide for the safe-keeping of the same by ordinance. Such chaingang shall be established and maintained in a manner provided by the general law for the establishing chaingangs for the keeping of misdemeanor convicts. Prison and chaingang. SEC. 85. Be it enacted by the authority aforesaid, That said mayor and council 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 may be necessary to carry out the provisions of this charter. Police powers. SEC. 86. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to acquire on behalf of the city of Fitzgerald by gift, purchase, or otherwise, grounds suitable for parks, either within or without the city limits, as may be in their judgments for the interest or welfare of the citizens of said city, and they shall have the 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 to compensate them for their services. Parks. SEC. 87. Be it further enacted by the authority aforesaid, That any of the officers of said city of Fitzgerald who may be sued for any act or thing done in his official capacity may be justified under the provisions of this charter, and the same shall be a full defense to any action brought against such officers for any act or acts done by them, or either of them, under and in accordance with the provisions of this charter and the ordinances passed in pursuance thereof. Responsibility for official acts. SEC. 88. Be it further enacted by the authority aforesaid,

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That in case the mayor or any alderman, or any other officer of said city, shall while in office be guilty of malpractice, willful neglect in office, or abuse of the powers conferred upon 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. 89. Be it further enacted by the authority aforesaid, That the mayor and council of said city 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 all unnecessary noise from locomotives, steam whistles, bells or other contrivance that may disturb the peace and comfort of the citizens of Fitzgerald, and to adopt necessary ordinances for such purposes, and to provide penalties for violation of such ordinances. Noise of machinery. SEC. 90. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to pass ordinances and regulations for the prevention of idleness and loitering within the city limits, and to prescribe penalties for violation thereof. Vagrancy. SEC. 91. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have the power and authority to pass all laws and ordinances that they may consider necessary for the peace, 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. Said mayor and council shall have full power to adopt and enforce any and all ordinances that they may consider advisable or necessary to carry out the powers granted to said city, and to the said mayor and council by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all of the officers of the said city, and to do any and all things, and exercise all other powers conferred upon them by this Act; or that may be done under the laws of this State conferring powers upon municipal corporations; provided, such laws, ordinances, rules and regulations are consistent with the laws of the State. General powers. SEC. 92. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall contract with the publishers of some public gazette published within said city for the publication of their ordinances and advertisements, which

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said contract shall be awarded to the lowest and best bidder; and the said mayor and council shall by ordinance provide for the monthly publication in such public gazette a full statement of the receipts and disbursements of the city, giving the names, to whom, and on what account the disbursements are made. Advertising. SEC. 93. Be it further enacted by the authority aforesaid, That the territory included within the corporate limits of the city of Fitzgerald shall be, and is hereby, constituted an independent school district, and that at the first general election held in said city on the third Tuesday in December next, and biennially thereafter, there shall be elected a board of education consisting of eight members, who shall have the same qualification as members of the city council, two members from each ward of the city, who shall serve two years, and who shall be elected in the same manner as is provided for the election of aldermen for said city. Board of education. SEC. 94. Be it further enacted by the authority aforesaid, That before entering upon their duties as members of said board of education they each shall subscribe to an oath to faithfully discharge their duties as members of such board of education to the best of their ability. They shall have the power and authority to elect from their number a president, vice-president and a clerk, and make such rules and regulations for the government of their body, and for the government and management of the public schools of said district as they may deem fit and proper, and that are not inconsistent with the terms of this charter and the general laws of this State. Oath and powers of said board. SEC. 95. Be it further enacted by the authority aforesaid, That in case of a vacancy by death, resignation, moving out of the ward, or otherwise, said vacancy shall be filled by appointment by said board. And a majority of said board shall constitute a quorum for all purposes. Vacancies. SEC. 96. Be it further enacted by the authority aforesaid, That said board of education shall have the power to establish and maintain a system of public schools within said district, to hire a superintendent, teachers, janitors and all necessary help and assistants: and to fix the terms of school months to be taught each year; and the compensation and duties of the superintendent, teachers and other help, and to designate the books to be used in said schools; and to fix the amount of the matriculation fees of students residing within the city, and to fix the amount to be paid by and the terms on which parties living outside of the school district may send pupils to said schools; to

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provide for free books, knives, charts and school apparatus; and they shall have full charge and control of all school property belonging to said city and school district. System of public schools. SEC. 97. Be it further enacted by authority aforesaid, That it shall be the duty of the said board of education to make an estimate of the amount of funds necessary to carry on the public schools for each ensuing year, and report the same to the mayor and council at least ten days prior to the time of making the annual city tax levy. Said board of education shall hold their regular meetings once each month, or oftener if necessary, and shall have full power and authority to audit all bills against said school district, to draw warrants on the school funds in the hands of the city treasurer for the payment of all claims against said school district whenever there is money in the treasury to pay the same. And it is hereby made the duty of the city council of Fitzgerald to levy and collect a sufficient sum annually to meet the current expenses of said school district. School tax. SEC. 98. Be it further enacted by the authority aforesaid, That the members of the said board of education shall not receive more than one dollar per year for all services rendered, and no further compensation either directly or indirectly, nor shall they be interested, directly or indirectly, in any contract with said board of education for the expenditure of any moneys belonging to said school district; provided, that the clerk of said board of education may be allowed compensation, to be fixed by said board of education, not to exceed two hundred dollars per annum, to be paid monthly. Compensation of members of board and clerk. SEC. 99. Be it further enacted by the authority aforesaid, That all contracts of the former board of education of said city, the superintendent, teachers, and others, shall be continued and recognized under this Act, and all debts and liabilities of said former board of education shall be assumed by the school district provided for under this Act: and that all books, papers, property, etc., belonging to the former board of education and school district shall be turned over to the board of education elected under this Act when they shall have been elected and qualified. Contracts of former board. SEC. 100. Be it further enacted by the authority aforesaid, That no amount whatsoever shall be paid by the city treasurer of Fitzgerald that has not been previously entered on a monthly pay-roll, and said pay-roll shall have been examined and approved by a finance committee consisting of three members of the city council, who shall be elected by the city council of Fitzgerald

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at the first meeting in January of each year, and said pay-roll shall contain one column in which shall be entered the amounts to be paid out by the city of Fitzgerald, and the said column shall be footed up so as to show the total amount to be paid out; and on the said pay-roll, and to the right of the first named column, shall be another column in which the clerk shall accurately extend only such amounts as have been finally approved for payment by said finance committee; and said last named column shall agree with the amount of checks drawn by the city treasurer in the payment thereof. No amounts whatsoever shall be paid out of the city of Fitzgerald except by its treasurer, and said treasurer shall take and hold a receipt or voucher for each and every amount which he pays out for the said city, and all liabilities against the city of Fitzgerald shall be due and payable on or immediately after its first meeting for each month, except in extraordinary cases, and in such event the pay-roll shall be made out as above designated, and shall bear easy reference to the minutes of the city council in which shall be found the authority for said payments. Municipal funds how disbursed. SEC. 101. Be it further enacted by the authority aforesaid, That all Acts of the General Assembly heretofore passed incorporating the city of Fitzgerald be, and are, hereby consolidated and superseded by this Act, and that all Acts of the General Assembly inconsistent with or at variance with this Act are hereby expressly repealed, and all laws and parts of laws inconsistent herewith are hereby repealed. That all ordinances passed by the mayor and council of the city of Fitzgerald under a former charter, or any amendment thereof which are now in force, and which are inconsistent with and at variance with this Act be, and are, hereby expressly repealed; but all ordinances of said city of Fitzgerald heretofore passed and now in force, which are not inconsistent with this Act, are continued as ordinances of the said city of Fitzgerald in full force and effect until the same have been repealed by ordinance or resolution of the mayor and council, as provided for in this Act. Repealing clause. Approved August 22, 1907.

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FLOVILLA, CHARTER AMENDED. No. 45. An Act to amend an Act to establish a new charter for the town of Flovilla, in Butts county, Georgia, approved December 27, 1890; also to amend an Act amending the charter of the town of Flovilla, approved September 19, 1891, by changing the corporate name from the town of Flovilla to the city of Flovilla, 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 heretofore designated as the town of Flovilla are hereby continued a body corporate under the name and style of the city of Flovilla, and wherever the word town appears in said charter or the amendment thereto the same is hereby stricken out and the word city inserted, so that the same shall read City of Flovilla. Said city of Flovilla is continued a body politic and corporate, with power to govern itself by such ordinances, resolutions and by-laws for municipal purposes as it may deem proper, not in conflict with the charter, nor the Constitution and laws of this State, nor of the United States. Flovilla, corporate name. 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 13, 1907. FORSYTH, CHARTER AMENDED. No. 91. An Act to extend the corporate limits of the city of Forsyth onehalf mile in all directions in a straight line from the present limits of said city, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act the corporate limits of the city of

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Forsyth be, and the same are, hereby extended one-half mile in all directions from the present limits of said city, thereby enlarging the radius of said city to one mile in every direction from the center of the court-house of Monroe county, instead of one-half mile as it now exists. Forsyth, corporate limits. SEC. 2. Be it further enacted by authority of same, That all laws and ordinances in force in the present limit of said city, and those hereafter to be enacted, be, and they are, hereby declared to be of full force and effect in the territory to be annexed by this Act. Annexed territory. SEC. 3. Be it further enacted, That the provisions of this Act shall not apply to the new territory incorporated until the main streets and sidewalks are extended and worked, and until electric lines and water-mains are extended, so as to give light and fire protection to new territory. Streets, etc. 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 19, 1907. FORT GAINES, CITY OF, INCORPORATED. No. 308. An Act to create and incorporate the city of Fort Gaines in lieu of the town of Fort Gaines, 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 Fort Gaines is created and incorporated in lieu of the town of Fort Gaines, in Clay county. The territorial limits of the city of Fort Gaines shall be identical with the present territorial limits of the town of Fort Gaines. All lands, tenements, easements, streets, alleys, hereditaments, rights, powers and interest in property, real, personal and mixed, belonging to the town of Fort Gaines at the date of the passage of this Act shall belong to the city of Fort Gaines on and after the passage of this Act. All legal debts, obligations, notes, bills and accounts and liabilities of whatever nature, owing by said town of Fort Gaines at the date of the passage of this Act, shall be owing by the city of Fort Gaines on and after the passage of this Act, and all debts of whatever kind or character due or owing to the town of Fort Gaines at the date of the passage of this Act shall

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be due and owing, and become the property of the city of Fort Gaines 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 Fort Gaines by the General Assembly of the State of Georgia, but is enacted in the nature of an amendment to the present charter of Fort Gaines 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, 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, powers, duties, liabilities and limitations created by said charter of the town of Fort Gaines, the amendments thereto, and the acts done thereunder. The ordinances of the town of Fort Gaines shall be the ordinances of the city of Fort Gaines and enforcible as such until repealed, or changed by the city council of Fort Gaines. Fort Gaines, city of succeeds town of. SEC. 2. Be it further enacted, That the officers of the town of Fort Gaines at the time of this Act be, and the same are, hereby made officers of the city of Fort Gaines on and after the passage of this Act, and the present charter of the town of Fort Gaines is hereby made the charter of the city of Fort Gaines. Officers 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 22, 1907. FORT VALLEY, CHARTER AMENDED. No. 102. An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Fort Valley; to confer additional powers upon the mayor and city council of Fort Valley; to have the same incorporated as a city; to extend the corporate limits of said city, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That the municipality heretofore incorporated as the town of Fort Valley is hereby reincorporated as the city of Fort Valley, and that the corporate

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limits of the city of Fort Valley, in the county of Houston, shall extend and embrace a radius of three-quarters of a mile, making the water-tower, situate near the intersection of Main and Church streets, the center. Fort Valley reincorporated as a city, corporate limits. SEC. 2. Be it further enacted, That the municipal government of the city of Fort Valley shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the mayor and city council of Fort Valley, and by that name and style shall have perpetual succession; shall have a common seal, and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, for the use of the city of Fort Valley, any estate or estates, real or personal, of whatever kind or nature, within and without the jurisdictional limits of said city for corporate purposes; and shall by the said name be capable of suing and being sued in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the corporate body, the mayor and council of the town of Fort Valley; provided, that until the election and qualification of the mayor and aldermen of said city, as hereinafter provided, the mayor and aldermen of the town of Fort Valley, who are in office up to and at the time of the passage of this Act, shall be and constitute the mayor and city council of Fort Valley and shall be and are hereby clothed with all the powers and authority in this Act enumerated for the government and control of all matters pertaining to the peace, good order and public interests of said city; and provided further, that any casual vacancies in the present board of aldermen shall be filled by appointment by a majority vote of the present council, including the mayor, who shall have a vote in said appointment, and in case of a vacancy caused by the resignation, death or incapacity of the present mayor, the vacancy shall be filled by a majority vote of the aldermen, the appointee in every case to be a qualified voter of said city. Mayor and aldermen, corporate powers. SEC. 3. Be it further enacted, That an election shall be held in the city of Fort Valley on the first Wednesday in April, 1908, for the purpose of electing a mayor and six aldermen, said mayor and three of said aldermen to be elected for a term of two years, the remaining three aldermen to be elected for a term of four years or until their successors are elected and qualified. The three aldermen who are elected for the term of four years are to be determined by casting lots in the following manner, to wit: At the first meeting of the mayor and city council of Fort Valley after said election, six tickets are by the mayor to be deposited

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in a hat, and on three of said tickets are to be written the words Four years and on the remaining three tickets the words Two years. Mayor and aldermen; election and terms of office. The mayor is to prepare these tickets, all to be alike, and to present them to the aldermen and let each of them take out of said lot one ticket, said aldermen to draw said ticket in order indicated by the mayor; the three aldermen drawing the tickets with the words Four years are to serve the four years terms, the aldermen drawing the tickets with the words Two years are to serve the two-year terms. And on the first Wednesday in April, 1910, there shall be held an election in the city of Fort Valley for the purpose of electing a mayor and three aldermen; the three aldermen elected to succeed the three aldermen who were to serve the two-year terms, and the three aldermen thus elected to serve four years, and on the first Wednesday in April, 1912, an election is to be held in the city of Fort Valley for the purpose of electing a mayor and three aldermen, which three aldermen are to succeed the three aldermen who served the four-year terms; on each first Wednesday in April every two years thereafter, a mayor and three aldermen are to be elected, said mayor for the term of two years and said aldermen for the term of four years, and until their several successors are duly elected and qualified. Election in 1910. At the first meeting of the mayor and city council of Fort Valley after each election, or as soon thereafter as practicable, one of said aldermen shall be chosen mayor pro tem. for a term of two years. Mayor pro tem. SEC. 4. Be it further enacted, That in case of a vacancy in any of the offices mentioned in any of the preceding sections by death, resignation, failure to elect, removal from office, removal from city, or otherwise, the same shall be filled by the mayor and aldermen. The person or persons to be selected to serve until the next general election in said city, at which general election the unexpired term shall be filled by election by the qualified voters of said town. In case of such a vacancy in the office of mayor, the vacancy shall be filled by election by a majority vote of the aldermen of the city until the said next general election. Vacancies. SEC. 5. Be it further enacted, That all elections held under the provisions of this charter shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders, or three holders, all of whom shall be citizens of said city; and each of said managers, before entering on his duties, shall take an oath before some justice of the peace, or other officer

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duly qualified to administer an oath, that he will faithfully and impartially conduct said election and prevent all illegal voting to the best of his skill and power; and said managers shall cause to be kept two lists of voters and two tally-sheets of said election. Election managers. SEC. 6. Be it further enacted, That the mayor and city council of Fort Valley shall by ordinances prescribe one or more voting places, or election precincts, within said city, and the polls at every such election shall be opened at nine o'clock a.m. and close at four p.m., central meridian time. The person or persons receiving the highest number of votes cast at such election for mayor and aldermen, respectively, shall be declared elected. Election precincts, etc. SEC. 7. Be it further enacted, That after the votes at any election shall have been counted by the managers, they shall certify two lists of voters and two tally-sheets, and shall place one of said tally-sheets with the ballots in the ballot-box, and shall seal said ballot-box and preserve same for the space of sixty days, after the expiration of which sixty days said managers shall destroy the contents of said ballot-box without examining said ballots or allowing the same to be done; provided, no notice of contest shall be filed or pending. The other list of voters and tally-sheet shall be filed by the managers with the clerk and treasurer of said city. If the result of any election held in said city is contested, notice of such contest shall be filed with the ordinary of Houston county, within three days after such election, setting forth all the grounds of contest; and upon the payment of a fee of ten dollars, in advance, to said ordinary, then said ordinary shall, within two days after he receives the same, cause a copy of said notice to be served by the sheriff or his deputy on the contestee, if said contest is for an office, and if the 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 a newspaper of general circulation 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 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 the notice of contest. All contests shall be heard at the courthouse of Houston county. Said ordinary is authorized to hear and determine the contest, and the losing party shall pay all costs,

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for which said ordinary is authorized to render judgment and issue execution. Lists of voters and tally-sheets Contests. SEC. 8. Be it further enacted, That on the succeeding Wednesday after the election, or as soon thereafter as practicable, the persons elected shall appear at the council chamber and take and subscribe the following oath before any judicial officer of this State, or before any officer authorized to administer oaths, and forthwith enter upon the duties of his office, to wit: I, A. B., do solemnly swear that I will well and truly perform the duties of mayor (or alderman, as the case may be), of the city of Fort Valley to the best of my skill and ability, without favor or affection; so help me God. Oath of mayor and aldermen. SEC. 9. Be it further enacted, That it shall be the duty of the clerk and treasurer of said city to open a list for the registration of voters at his office in said city on the first day of March, 1908, and on the same day in each second year thereafter said list to be kept open from nine o'clock a.m. until twelve M., and from two o'clock until five o'clock p.m., each and every day, Sunday excepted, until Wednesday noon preceding election, when it shall be finally and absolutely closed. Upon application to said clerk and treasurer all persons qualified to vote for members of the Legislature, and who shall have paid all taxes legally imposed and demanded by the authority of the city, and who have done all the work required of him by the said authorities on the streets of said city or paid taxes in lieu thereof, and who shall have resided six months within the city prior to the opening of the registration list, shall be allowed to sign their names on said list, expressing in such registration his name, occupation or business, and the place of his residence; provided, that if any person otherwise qualified can not write, the clerk and treasurer is required to register said person's name by allowing said person to make his mark; provided further, that no person shall be allowed to register who when called upon by the clerk and treasurer refuses to take the following oath touching his right to register, to wit: I do solemnly swear that I am a citizen of the United States of America. That I have resided in Georgia one year immediately preceding this election and six months within the corporate limits of the city of Fort Valley immediately preceding the opening of this registration list, and it is my intention to remain a resident of said city continually until the day of election. That I am twenty-one years of age, or will be by the day of the election; and have paid all taxes due the city of Fort Valley. That I have made all returns required by the ordinances

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of the city; that I am qualified to vote for members of the Legislature; so help me God. Registration of voters. SEC. 10. Be it further enacted, That it shall be the duty of the clerk and treasurer to arrange a list of the names registered in alphabetical order and post said alphabetical list of registered voters at the mayor's office, and also at the post-office in said city, by two o'clock p.m. the day preceding the said election, and also to furnish the managers of said election with said alphabetical list. The said managers shall not allow any one to vote whose name does not appear on said list. Said list shall be certified to under the hand of said clerk and treasurer and the corporate seal of the city, and shall be kept before the presiding managers during said election, and when said election is over said list shall be deposited in the office of said clerk and treasurer to be by him safely kept. Lists of registered voters. SEC. 11. Be it further enacted, That any person voting or attempting to vote, at such election or registering prior to said election, not qualified to register, shall be guilty of a misdemeanor, and on conviction before the superior court of Houston county shall be punished as prescribed in section 1039, Code of Georgia, 1895. Illegal voting. SEC. 12. Be it further enacted, That no person shall be eligible to the office of mayor of the city of Fort Valley unless he be of the age of twenty-five years, a citizen of the United States of America, and shall have resided in said city one year immediately preceding his election; and no person shall be eligible to the office of alderman unless he shall have been of the age of twenty-one years and shall have resided in the city one year immediately preceding his election, and shall have the other qualifications in the case of the mayor, and shall have paid all taxes due and demanded by said city. Qualifications of mayor and aldermen. SEC. 13. Be it further enacted, That the mayor and aldermen elected at the election to be held in the year 1908 shall receive throughout the several terms for which they are elected at said election the following salaries, to wit: The mayor five hundred dollars per annum, the aldermen each twenty-five dollars per annum. It shall be the duty of the mayor and aldermen at some meeting prior to the close of each mayor's term of office to prescribe by ordinance an adequate salary for the mayor and aldermen for the next two years. Salaries. SEC. 14. Be it further enacted, That the mayor shall be the chief executive of the city of Fort Valley; he shall see that all laws, ordinances, resolutions and rules of the city are faithfully

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executed and enforced, and that all officers of the city shall faithfully discharge their duties required of them. He shall have a general jurisdiction of the affairs of the city. He shall preside at all meetings of the mayor and city council of Fort Valley. He shall have the right to vote in the elections for officers, except as hereinafter provided, and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship, or otherwise. Executive powers of mayor. SEC. 15. Be it further enacted, That there shall be a mayor's court for the trial of all offenders against the law and ordinances of the city to be held by the mayor, and in his absence or disqualification by the mayor pro tem., and in the absence or disqualification of both the mayor and mayor pro tem. by any one of the aldermen. Said court shall have the power to preserve order and compel the attendance of witnesses, and to punish for contempt shown his court or authority by imprisonment in the guardhouse not exceeding five days, or fine not exceeding ten dollars, one or both, in the discretion of the court. Mayor's court. SEC. 16. Be it further enacted, That the mayor, or, in his absence or disqualification, the mayor pro tem., or in the absence or disqualification of both the mayor and mayor pro tem., any alderman shall, as often as may be necessary, hold a police court, to be known as the mayor's court, for the trial of all offenders against the laws and ordinances of the city of Fort Valley. Said mayor's court shall have full power and authority upon conviction to sentence such offenders to labor upon the streets or other public works for a period not to exceed ninety days, to imprison in the guardhouse for a period not exceeding thirty days, or to impose a fine not to exceed two hundred dollars. Either or all of said penalties may be imposed in the discretion of the court. Jurisdiction. SEC. 17. Be it further enacted, That the mayor and each of the aldermen shall be bound to keep the peace, and shall be exofficio justice of the peace, so as to enable them to issue warrants for the violations of the criminal law of the State, committed within the city of Fort Valley, and shall have full power on examination to commit the offenders to jail or to bail them, if the offense be bailable, to appear before the court having jurisdiction. Judicial powers of mayor and aldermen. SEC. 18. Be it further enacted, That said mayor and aldermen shall at their first meeting after being duly qualified proceed to elect by ballot a marshal and a clerk and treasurer, each of whom, unless removed from office, shall remain in office until a new election and qualification of mayor and aldermen, and that

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said mayor and aldermen shall have full power to remove from office, or punish by fine not exceeding one hundred dollars, either of said officers elected by them for any neglect, malpractice in or abuse of said office, and the mayor shall have full power to suspend either of said officers from exercising the several duties of their office until the next regular meeting of the council, when said body may take such action in reference to said suspension as they may deem proper. Marshal, clerk and treasurer. SEC. 19. Be it further enacted, That the office of the clerk and treasurer may be filled by one and the same person, who shall be required before entering upon the duties of his office to give such bond and security for the faithful discharge of his duties as shall be required by the said mayor and council. And that said clerk and treasurer shall discharge all the duties imposed by this charter and the laws and ordinances of the city, and as may be required of him by the mayor and city council of Fort Valley. Bond of clerk and treasurer. SEC. 20. Be it further enacted, That the mayor and city council of Fort Valley shall have full power to appoint, employ or elect any other officers, agents, representatives or attorneys that may be deemed necessary or proper, except as herein provided; and shall have power to regulate the time, mode and manner of electing, employing or appointing such officers, agents, representatives or attorneys, to fix their fees and salaries, to take their bonds, to prescribe their duties and their oaths, and may at discretion suspend, remove or discharge them at any time, with or without cause. Municipal officers and agents. SEC. 21. Be it further enacted, That for the purpose of raising revenue for the support and maintaining of the city government, the mayor and city council of Fort Valley shall have full power and authority, and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on real property within the incorporated limits of said city, and on personal property of persons resident in said city, or situated within the corporate limits thereof, to defray the ordinary annual expenses of the city government, one-half of one per cent.; to defray any extraordinary expenses of said city as defined in the laws of this State, including expenditures for education, not to exceed one per cent. per annum, and to maintain a system of public schools of said city as now established by law not to exceed one-half of one per centum; provided, if any additional fund is required for any extraordinary purpose, the question of additional

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levy shall be sumbitted to a vote of the people, as provided in Code section 722. Ad valorem tax SEC. 22. Be it further enacted, That the mayor and city council of Fort Valley shall have power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding-houses, livery-stables, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant venders of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a billiard table, pool or bagatelle table kept for public use, every keeper of a shooting gallery, tenpin alley, upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivance, upon the keeper of flying-horses, bicycle, velocipede or skating rinks, insurance agents, life and fire insurance companies, brokers and dealers in futures, loan agents and agents for any other business or calling whatever; keepers of slaughter-houses, beef markets, green grocers, dealers in fish, oysters, vegetables, fruits, breads and other articles of food, upon every junk-shop, pawnbroker, and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which under the laws and Constitution of the State of Georgia are subject to license. Licenses. SEC. 23. Be it further enacted, That the mayor and city council of Fort Valley shall have power to levy and collect as street tax, in addition to other taxes, a tax not exceeding ten dollars upon each and every male person between the ages of sixteen and fifty years, except licensed ministers of the gospel who are in the regular discharge of ministerial duty and in charge of one or more churches, and except all persons who have lost one leg or arm, or who have by reason of deformity or affliction lost the use of their arms or legs; provided, that any person so taxed shall have the opportunity to work the streets of said city, and may relieve themselves of said tax by working on the streets not exceeding fifteen days in each year. And if any person neglects or refuses to pay said taxes, or when ordered by the mayor to work upon said streets as required in lieu, said person may be punished by the mayor as for other contempts as provided in this charter. Street work or commutation tax. SEC. 24. Be it further enacted, That the mayor and city council

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of Fort Valley shall have full power and authority to appoint three freeholders, residents of said city, as a board of assessors of tax returns, whose duty it shall be to scrutinize carefully each return of property, real and personal, made by every taxpayer of said city, and if in their judgment they shall find the property embraced in said return, or any portion of it, returned below its value, they shall assess its true value; provided, that the said assessors shall give the taxpayers written notice of their assessment; and in every case it shall be the privilege of the taxpayers to arbitrate with the assessors the value thereof, said arbitrators to be disinterested taxpayers residing in said city, one of whom shall be selected by the taxpayers and the other by the board of assessors, and these two if they disagree shall select a third person, a majority of whom shall fix the value of the return, whose decision shall be final. Tax assessors. SEC. 25. Be it further enacted, That the mayor and city council of Fort Valley shall have full and complete control of the streets, alleys, sidewalks and squares of said city, and shall have power and authority to open, lay out, widen, straighten or otherwise change all streets, sidewalks, alleys and squares in said city of Fort Valley. Whenever the said mayor and city council of Fort Valley shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged as to the amount of damages, the said mayor and city council of Fort Valley shall choose one appraiser and the owner of the land to be taken or damaged shall choose another appraiser, and the two thus chosen, if they fail to agree, shall select a third appraiser, and the three appraisers thus chosen, after being sworn to do justice to the parties, shall fix the damages to the owner of the property caused by the opening or changing of such street, alley or square; and if the property-owner, after five days' notice, shall fail to name an appraiser, the clerk and treasurer shall appoint one for him; and in every case where the two appraisers chosen shall for the space of five days fail to agree upon the third appraiser, the said clerk and treasurer shall appoint such appraisers; provided, the said appraisers, whether chosen by parties or appointed by the clerk and treasurer, shall be citizens of said city. The award of the appraisers shall be in writing, and shall be filed within five days in the clerk's office of the superior court of Houston county and shall thereupon operate as a judgment, and execution may issue thereon. Either party may, within ten days from the filing of the award, enter an appeal to the superior court of Houston county. All

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costs, including the fees of the appraisers, shall be paid by the city; and at any stage of the proceedings to condemn, before or after the final award, the mayor and city council of Fort Valley may by paying to the property owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk or square. Streets, etc. SEC. 26. Be it further enacted, That said mayor and city council of Fort Valley shall have full power and authority in their discretion to pave or otherwise permanently improve the sidewalks of said city with whatever material and in what manner they may deem proper and best. That in order to carry into effect the power delegated in this section, the said mayor and city council of Fort Valley shall have full power and authority to assess the costs of paving or otherwise improving the sidewalks, including all necessary curbing, on the real estate abutting on the sidewalk so paved or otherwise improved; and the said mayor and city council of Fort Valley are hereby authorized to pass any and all ordinances to carry out the provisions of this section; provided, the provisions of this section shall not apply to the sidewalks outside of the fire limits of said city, unless a majority of the property owners on any street or part thereof shall petition the said mayor and city council to enforce as to said street or part thereof the provisions herein contained, in which event they shall have power to do so, and shall have power also to issue execution and levy and sell property of above mentioned property holders as sales are made for the collection of city taxes. Street improvements SEC. 27. Be it further enacted, That the mayor and city council of Fort Valley shall have full power and authority to establish and fix such a system of grading and draining of the streets of said city as may be deemed proper; and shall have power to compel owners or lessees of property to construct and keep in good order the sidewalks in their front. If any owner or lessee shall fail to comply with the requirements of the mayor and city council in this regard, the work shall be done under direction of the city, and execution shall issue for the cost and expense thereof against such owner or lessee, to be collected as other executions issued by the clerk and treasurer. Drainage. SEC. 28. Be it further enacted, That the mayor and city council of Fort Valley shall have full power and authority to establish and maintain a system of waterworks and sanitary sewerage for said city, and also a system of telephones and electric lights for said city, and to compel lot owners to connect with said sewers; and may purchase or condemn any property within or without the

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city that may be necessary for either of said public works. In case it shall become necessary to condemn any property under this section, or for any other public works, the proceedings shall be the same as in section 25 of this charter. Said mayor and city council of Fort Valley shall have power to pass such ordinances and enforce compliance therewith by suitable penalties as may be necessary for the protection of the city waterworks, sewerage system, electric light plant and telephone system and appurtenances to each, and for the securing the purity and healthfulness of the water supply, and shall have full power and authority to abate or cause to be abated and remove through its proper officers anything that may hinder, retard or impair the usefulness of any of said public utilities, and shall have full power and authority to make rules and regulations respecting the introduction of water, light, sewerage or telephone connection into or upon any premises, and from time to time regulate the use thereof in such manner as to them shall seem necessary and proper, and the officials representing said mayor and city council and in their services are hereby authorized and empowered to enter at all seasonable hours any dwelling or other place where any or all of said public utilities are taken and used, and where unnecessary waste thereof is known or suspected and examine and enquire into the cause thereof. They shall have full power to examine all surface pipes, stopcocks, or other apparatus connected with said waterworks; also all apparatus or other appliance connected with the electric light system, sewerage system or telephone system of said city for the purpose of ascertaining whether the same are of the character and fixed and used in the manner directed in permits issued therefor; and if any person refuses to permit such examination, or oppose or obstruct such officer in the performance of said duties, the person so offending shall be liable to such penalty, not exceeding ten dollars for each offense as the mayor and city council may by ordinances provide; and the water, light, sewerage or telephone connection, any or all of them, when necessary to meet the exigencies of the case, may be shut off until the required examination is made and such alterations and repairs are completed as may be necessary and directed by the proper authorities. Public utilities. SEC. 29. Be it further enacted, That the said mayor and city council of Fort Valley shall have power to fix and establish fire limits, and from time to time to enlarge, restrict or change the same; to provide a fire department and a system of fire alarms, within which fire limits as established it shall not be lawful for any one to build or cause to be built other than fireproof buildings, except by special permission of said mayor and city council of

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Fort Valley, which must be unanimous; and in case of any offense against ordinances passed in pursuance of this Act the said mayor and city council of Fort Valley, after five days' notice given, shall cause the said not fireproof buildings to be removed, at the expense of the owners or builders thereof, to be collected by execution as other executions issued by the city; and the said mayor and city council of Fort Valley shall have the right to determine what are or are not fireproof buildings. Fire limits and fire department. SEC. 30. Be it further enacted, That the mayor and city council of Fort Valley shall have power to remove any forge or smith shops when in its opinion it shall be necessary to insure safety against fire. They shall have power to cause any stove, stovepipes or other things which shall endanger the city as to fire to be removed or remedied at the expense of the owner, as its prudence shall dictate. Dangerous structure. SEC. 31. Be it further enacted, That the mayor and city council of Fort Valley shall have power and authority to enforce by execution the collection of any amount due or to become due to it for taxes, water rents, sewerage fees, telephone dues, electric light dues, license fees, and assessments of any kind for fines and forfeitures, for paving streets and sidewalks, lanes and alleys, for laying sewers and drains, for cleaning and repairing privies and for any other debt or demand due the city. Such execution to be issued by the clerk and treasurer against the person, corporation or firm by whom any such debt may be due, which execution may be levied by the marshal on the property of the owner against whom such execution shall issue, and the same sold as provided for municipal sales for taxes. Collection of taxes, etc. SEC. 32. Be it further enacted, That said mayor and city council of Fort Valley shall have full power and authority to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such improved premises, whenever in their judgment such improvements are necessary to preserve the health or protect the sanitary interests of citizens of any neighborhood within said city. Said mayor and city council are authorized to enforce the provisions of this section by proper ordinances. Sanitation. SEC. 33. Be it further enacted, That said mayor and city council of Fort Valley shall have full power and authority to fix the price and regulate the terms covering the payment of same on all water rents, electric light dues and sewerage connections and telephone charges within said city. And in the event that any of said public utilities are not owned and operated by said city, then and in that event, said mayor and council of the town of Fort Valley

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shall have the right to regulate the charges and to formulate rules and regulations for the installation and use of same, and exercise general supervision over the business thus carried on, and should any person, firm or corporation refuse to comply with the ordinances of said mayor and city council, then and in that event, said person, firm or corporation shall be punished as for a misdemeanor in accordance with section 16 of this charter for each and every offense. Water rates, etc SEC. 34. Be it further enacted, That when any fi. fa. shall issue as provided in the preceding sections and shall be levied, and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto as now provided by law for claims under tax fi. fa. for State and county tax, such claim to be returned to and heard in Houston county superior court. Claims. SEC. 35. Be it further enacted, That should the mayor or any alderman, while in office, be guilty of any wilful neglect, malpractice or abuse of power, he shall be subject to be indicted before the superior court of Houston county, and on conviction shall be fined in a sum not exceeding five hundred dollars, and shall be moreover removed from office. Malpractice. SEC. 36. Be it further enacted, That it shall be the duty of the marshal of said city to prosecute all offenders against the laws of this State for crimes committed within the limits of the city of Fort Valley. It shall moreover be his duty to arrest or cause to be arrested all disorderly persons, all persons committing or attempting to commit any crime, and to commit them to the guardhouse or other place of confinement, to await trial. It shall further be his duty to execute all processes and orders of the city and to discharge any other duties imposed on him by the laws, ordinances, rules and regulations of said city. Arrests. SEC. 37. Be it further enacted, That it shall be the duty of the marshal to levy all executions in favor of the city, and after advertising for thirty days in some newspaper of general circulation in said city, shall sell the property levied on before the council chamber in Fort Valley on a regular sheriff's sale day and between the legal hours of sheriff's sale. If the property is divisible, he shall offer it in parcels, and shall sell at public outcry to the highest bidder, and execute titles to the purchaser, and shall have the same power to place the purchaser in possession as sheriffs of this State have. Marshal's sales. SEC. 38. Be it further enacted, That the clerk and treasurer shall be the custodian of the funds of the city, and shall be the keeper of the records thereof; shall be the clerk of the mayor's court; shall issue all processes, and shall discharge all duties that

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may be required of him by the laws, ordinances, rules, regulations and resolutions of the mayor and city council of Fort Valley. For any wilful neglect of duty or any abuse of the powers conferred on him not amounting to a felony, the clerk and treasurer shall be subject to be indicted before the superior court of Houston county, and on conviction shall be fined in any sum not exceeding five hundred dollars; he may be removed from office also in the discretion of the court. For any of the above offenses or any dereliction of duty, or any inattention to the same, he may be suspended or removed from office in the discretion of the mayor and city council of Fort Valley. Clerk and treasurer. SEC. 39. Be it further enacted, That any person who may be convicted before the mayor's court may, by giving notice of his intention to certiorari, suspend the judgment and may be released from custody at once upon giving bond with security in such sum as may be fixed by the mayor for his appearance; provided, all certioraries from said court shall be sued out within twenty days from the date of the judgment; and provided, no certiorari shall issue until all costs have been paid or an affidavit be made by the defendant showing his inability to pay costs. Certiorari. SEC 40. Be it further enacted, That the mayor and city council of Fort Valley shall have power and authority to establish such quarantine regulations against persons who have been exposed to smallpox, yellow fever, and all other contagious or infectious diseases as it may be deemed proper, and to establish a smallpox hospital or pest-house, and any case of smallpox, yellow fever or other contagious or infectious disease within said city to cause to be removed to said hospital or pest-house all persons afflicted with said diseases, except such persons as shall at their own expense provide suitable and sufficient guards to successfully quarantine the premises where said case or cases of smallpox, yellow fever and other contagious and infectious diseases may be located. Quarantine and pest-houses. SEC. 42. Be it further enacted, That the mayor and city council of Fort Valley shall have power, either 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 obstruction on or above them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footwalks, crossways, drains and gutters to be put in good order free and clean by owner and occupant thereof, or of the real property next adjacent thereto; to establish and regulate market; to prescribe the time for holding the same; to prevent injury or annoyance to the public or individuals

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from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs and other animals and fowls of all kinds from going at large in said city; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which in the opinion of the majority of the whole council of said city shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near said city places for the burial of the dead, and to regulate interments therein; to provide for the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and persons of the citizens of said city, and to preserve peace and good order therein; and for this purpose to appoint when necessary a police force to assist the marshal in the discharge of his duty; to prescribe the powers and define the duties of the officers appointed by the mayor and city council of Fort Valley; to fix their terms of service and compensation; require and take from them bonds when deemed necessary, payable to the mayor and city council of Fort Valley, with such securities and in such penalty as said mayor and city council may see fit, conditioned for the faithful discharge of their duties; to erect, or authorize or prohibit the erection of gasworks, waterworks, sewerage, or telephone system in said city; to prevent injury to or pollution of the same, or to the water and healthfulness of said city; regulate and provide for the weighing of hay, coal and other articles sold or for sale in said city; and to provide a revenue for said city and to appropriate the same to its expenses; to organize a chaingang or workgang to work upon the streets of said city, and to these uses may pass all necessary rules, regulations, ordinances and to adopt rules and regulations for the government of its own body. Streets, etc. and corporate powers. SEC. 43. Be it further enacted, That the mayor and city council of Fort Valley shall have power and authority to establish police rules and regulations; to pass all laws and ordinances not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality and general welfare of the inhabitants of said city. General welfare. SEC. 44. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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FUNSTON, PUBLIC SCHOOL SYSTEM. No. 228. An Act to establish a public school system for the town of Funston, in Colquitt county, Georgia; to authorize and require the State school commissioner to pay direct to the secretary and treasurer of the board of education of the town of Funston such part of the State school fund as may be the pro rata share of all children attending and eligible to enter said schools, and to provide for funds and officers to conduct said schools. SECTION 1. The General Assembly of the State of Georgia do enact, That there shall be established in the town of Funston, in Colquitt, Georgia, a system of public schools, to be maintained and conducted as hereinafter provided. Funston, public school system. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a board of education for said town of Funston under the corporate name of the board of education of the town of Funston, with the right to sue and be sued in the said corporate name; said board to consist of five members, who shall be and are, appointed as follows: Jas. Monk, A. H. Smith, C. E. Whitfield, S. A. Manning and W. T. Law. Said board of education to organize and begin their term of office on the first Monday in September, 1907, and one of whom shall hold office for one year, one for two years, one for three years, one for four years, and one for five years, from the first Monday in September, 1907, and until their successors are elected and qualified. Their several terms to be determined by lot on the first Monday in September, 1907, after their organization. Board of education, members appointed. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Monday in September, 1908, and on the first Monday in September each year thereafter shall be an election held by and under the authority of the said board of education of the town of Funston, to elect a successor to the member of said board of education whose term of office has expired. Successors to the board of education herein appointed shall be elected by a majority of the qualified voters residing in the said town of Funston. Election of successors. SEC. 4. Be it further enacted by the authority aforesaid, That only those who are qualified to vote for mayor and aldermen of the town of Funston, Georgia, shall be eligible to vote in an election held to elect a member of said board of education. Voters. SEC. 5. Be it further enacted by the authority aforesaid, That

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in case any member of said board of education should resign or die before his term of office expires, a successor for the unexpired term will be elected by a majority vote of the remaining members of the said board of education. Vacancies. SEC. 6. Be it further enacted by the authority aforesaid, That before any member of said board of education or their successor shall enter upon the duties of their office, they shall take the following oath, to be administered to them by any justice of the peace or officer of said county authorized by law to administer oaths: I do solemnly swear that each act of mine as a member of the board of education of the town of Funston will be for the best interest of said schools and the children and patrons thereof, to the best of my ability; so help me God. Oath of members. SEC. 7. Be it further enacted by the authority aforesaid, That the said board of education shall elect a chairman from their body and a secretary and treasurer, who may either be from their body or any citizen of said town of Funston. No member other than the secretary and treasurer shall receive compensation for services. It shall be in the power of said board of education to pay the secretary and treasurer such salary as they deem right and proper. Chairman, secretary and treasurer salaries SEC. 8. Be it further enacted by the authority aforesaid, That the said board of education of the town of Funston shall have full control over the schools in the town of Funston, Ga., to employ a superintendent and teachers, and fix and prescribe their duties and compensation, or employ such other persons as the welfare and interest of the schools demand; to make rules and regulations, courses of study, select text-books, etc., and shall have full power to remove any or all superintendents and teachers they have employed whenever in the opinion of the said board of education it is best for the school to do so. Control of schools. SEC. 9. Be it further enacted by the authority aforesaid, That said board of education shall have power to assess and collect all incidental or tuition fees that may be necessary at such times as they may require from pupils attending said schools by living outside of the town of Funston, and also to assess and collect such incidental fees as they deem necessary from pupils attending said schools and residing in the corporate limits of the town of Funston, and to do so at such times as the said board of education think proper. Tuition and fees. SEC. 10. Be it further enacted by the authority aforesaid, That there shall be separate schools conducted for the whites and negroes. Separate schools for whites and negroes

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SEC 11. Be it further enacted by the authority aforesaid, That for the year 1907 the county school commissioners of Colquitt county shall pay over to the secretary and treasurer of said board of education the amount of the public fund to which the pupils attending said schools in the town of Funston, Ga., are entitled. Pro rata share of school fund for 1907. SEC. 12. Be it further enacted by the authority aforesaid, That it shall be the duty of the secretary and treasurer of the said board of education to furnish to the county school commissioners by the first day of December, 1907, and as often as the law requires thereafter, a list or census of all pupils residing in the said town of Funston entitled to the State school fund, and also all children attending said school and living out of the corporate limits of the town of Funston, Ga., entitled to the State school fund; and the said county school commissioner shall pay over to the said secretary and treasurer of the said board of education such proportion of the said educational fund as said children are entitled to under the rules of distribution prescribed by law. School census and school fund SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Approved August 22, 1907. GAY, INCORPORATED. No. 195. An Act to incorporate the town of Gay, in the county of Meriwether, and to grant certain powers and privileges to said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Gay, in the county of Meriwether, be, and the same is, hereby incorporated under the name of the town of Gay; that the municipal government of the town of Gay shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the town of Gay, and by that name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and

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their successors, for the use of the town of Gay, any estate, real or personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien and lease any estate, real or personal, the property of or belonging to said corporation, 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 Gay: Beginning at the center of the crossing of the Greenville public road and the Flat Shoals public road at Gay, Georgia, in the Middle ninth district of Meriwether county, and extending one-half mile from said point in every direction, making the limits of said town include all the territory embraced within a circle, being one mile in diameter, all of said territory embraced being in the Middle ninth district of Meriwether county, Georgia. Gay, town of incorporated. Mayor and councilmen corporate powers. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That W. F. Gay be, and he is, hereby appointed mayor of said town, and J. W. Estes, J. T. Mann, W. N. Estes and J. R. Gay 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 above named officers to enter upon the discharge of their duties upon their taking oath to well and truly administer the affairs of their said office, immediately upon the passage of this Act. Mayor and councilmen appointed. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in said town, at such place as the mayor of said town shall direct and designate, on the first Monday in January, 1908, and on the first Monday in January in each year thereafter, for a mayor and four councilmen, who shall hold their offices for one year or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places. Said notice shall be posted ten days before said election. Said election shall be held under the law governing the election of members of the General Assembly, and only such qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take an oath to well and truly discharge the duties of the offices. Election of mayor and councilmen SEC. 4. Be it further enacted by the authority aforesaid, That the sale of liquor within the incorporate limits of said town is hereby prohibited. Sale of liquor.

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SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Gay shall have power to make all ordinances, rules and regulations necessary to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge, when necessary, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses; to establish markets, and regulate all butcher-pens, tanyards, livery-stables, blacksmith-shops, forges, stoves and chimneys in said town, and remove the same, or any of them, in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed to be a public nuisance and destructive to the health, peace and quiet of said town; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead, and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits, and from time to time to enlarge or restrict the same, and prescribe what kind and class of buildings shall not be constructed within said limits; to fill open wells or other excavations on unenclosed premises; and the said mayor and council shall also have entire and absolute control and jurisdiction of all soil-pipes, private drains and sewers, water-closets and privy-vaults and dry wells in said town, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town; and with power, also, to require changes in, or the total discontinuance of, any such contrivances and structures already in existence, or that may hereafter be allowed, and to compel the owners of property to convey the water from housetops by means of guttering, or otherwise, to sewerage pipes; provided, said sewerage pipes are laid within fifteen feet of the buildings required to be guttered. Powers of mayor and councilmen SEC. 6. Be it further enacted, That said mayor may hold

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police courts, try offenders for violation of the ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not exceeding fifty dollars, imprisonment not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of said mayor. And, when sitting as a court, said mayor may fine for contempt, not exceeding ten dollars, or imprisonment for five days, for such contempt. For all 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. 7. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal, and prescribe their duties, not inconsistent with this Act and the laws of this State, and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their 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 service as may be required in connection with said office, fix the compensation of such assessor and require a bond for the faithful performance of his duties; provided, that nothing in this Act shall disqualify one person from holding the offices of clerk, treasurer and assessor at the same time. Municipal officers. SEC. 8. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes upon the real and personal property within the corporate limits of said town; provided, that the tax assessed shall not exceed the amount of the State tax; also to levy and collect such tax on business occupations, theatrical exhibitions or other performances exercised, performed or exhibited within the corporate limits of said town, and fix such license on circuses, menagerie shows, including all shows of domestic or wild animals, as may be deemed proper. 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. Appeals from tax assessments.

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SEC. 10. Be it further enacted, That said mayor and council may choose from their own number a member pro tempore, who shall in the absence, sickness or disqualification of the mayor, and in the case of the absence, sickness or disqualification of the mayor pro tempore, a majority of the councilmen shall choose one of themselves to act as mayor temporarily. Mayor pro tem. SEC. 11. Be it further enacted, That the mayor and councilmen shall not receive any compensation for their services as such, but shall be free from street duty during their term of office. Compensation of mayor and councilmen SEC. 12. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said town, subject by law to road duty, to work on the streets and walks of said town not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons, not to exceed five dollars. Street work or commutation tax. SEC. 13. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. General powers. SEC. 14. Be it further enacted, That all the powers and duties contained in sections 696, 697, 698, 699, 700, 701, 702, 703, 704, 705 of the Code of 1895, volume 1, are hereby adopted and made a part of this Act. Statutory powers. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. GLENNVILLE, CHARTER AMENDED. No. 231. An Act to amend an Act entitled an Act to incorporate the city of Glennville, in Tattnall county, approved August, 1905. To provide a board of education for said city, and especially to carry into effect section 36 of said Act of incorporation, and to provide a system of public schools for said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act an Act entitled an Act to incorporate the city of Glennville, in the county of Tattnall, approved August 24, 1905, be, and the same is, hereby amended by adding thereto the following: That there shall be a board of education for said city under the corporate name of the Glennville board of education, with rights to sue and be sued in its corporate name, and whose duty it shall be to manage, control, maintain and establish, as hereinafter provided; a public school for and in the city of Glennville. Said board of education to consist of five members, to be elected by the mayor and city council of said city of Glennville at the earliest time practicable after this Act goes into effect. At the first election one member shall be elected for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year. Thereafter elections for members of said board of education shall be held annually, at such time as the city council shall have fixed, or as soon thereafter as practicable, and the members of the board of education elected after the first election shall be for a term of five years. All vacancies in the board of education shall be filled by special election for the unexpired term only, and the members of said board shall hold their office until their successors shall be elected and qualified. Before entering upon the discharge of their duties they shall each take and subscribe to an oath to faithfully, honestly and impartially discharge the duties of their office. No person shall be eligible to membership on said board except such person as would be eligible to election as alderman of said town, and no person shall be eligible to election to such membership who, at the time of his election, is mayor or alderman of said town. That said board of education are authorized and empowered to make such by-laws, rules and regulations for carrying the provisions of this Act into effect, and for their government and control, as to them may seem right and proper, which are not in conflict with the laws of this State. Glennville, board of education. SEC. 2. Be it further enacted, 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, who shall be one person, before entering upon the discharge of his duties, shall take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be fixed by the board of education, to faithfully account for all moneys coming

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into his hands as such officer, which said bond shall be made payable to said board of education; and the said board of education is hereby empowered to bring suit and maintain the same upon said bonds in any of the courts of this State for any breach of said bond by the said secretary and treasurer, and the proceeds of said suit shall be applied to the public schools of said city. Said secretary and treasurer shall pay out no moneys except by order of the board. His term of office shall be for two years, and until his successor is elected and qualified. Officers and powers of board. SEC. 3. 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 the city of Glennville. System of public schools. SEC. 4. Be it further enacted by the authority aforesaid, That said board of education shall keep full and accurate minutes of 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 inspection of the mayor and city council, or any other interested citizen of said town. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said schools, shall select and employ teachers for said schools, and if they see fit, a superintendent for said schools. They shall fix the school term and the time of beginning and closing of said schools; they shall have the right to remove or suspend such teachers and superintendents 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 deem best to

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promote the best educational interest of said city, not in conflict with State laws. Supervision and control of schools. SEC. 5. 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 schools of said town. Control and disposition of school property. SEC. 6. Be it further enacted by the authority aforesaid, That said board shall, out of any funds going into their hands, provide schoolhouses by renting, leasing, purchasing or building suitable buildings and shall properly furnish the same for school purposes. The title of all such property shall be in the corporation of the city of Glennville. School-houses. SEC. 7. 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 Glennville, or any interested citizens of said city. The members of said board shall be personally liable to the corporation of Glennville for all moneys paid to said board for the use of said public schools, and by them appropriated and paid out by them for any other purpose. Disbursement of school funds. SEC. 8. Be it further enacted by the authority aforesaid, That said board shall annually make report to the mayor and council of the city of Glennville in writing of the condition of said schools, and shall accompany said report with a full itemized statement of all the moneys received and expended by said board, and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing year, and like reports shall be furnished at any time by said board to said mayor and council when so requested. Reports of board. SEC. 9. Be it further enacted by the authority aforesaid, That the terms of the officers of said board shall be fixed by the by-laws and regulations adopted by said board for its proper government, and no officer shall have any compensation for their services except the secretary and treasurer, whose compensation shall be fixed by the board of education prior to his election and qualification, not to exceed, however, one hundred and fifty dollars ($150.00) per annum; provided, however, that said board by unanimous vote can pay reasonable compensation for special services which they may find necessary to secure in order to

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properly and legally put this system of public schools into operation, and to keep it in proper and legal condition. Compensation of board. SEC. 10. Be it further enacted by the authority aforesaid, That the public schools herein provided for shall run for a period of not more than ten months, scholastic months, nor less than five scholastic months in each year. School terms. SEC. 11. Be it further enacted by the authority aforesaid, That the taxes to be raised by the levy already created under section 36 of the original Act be used not only for the purposes therein mentioned, but also for establishing and maintaining said schools, and providing furniture, apparatus, grounds and buildings for said schools should the mayor and city council decide so to do; provided, further, that it shall be lawful in the sound discretion and best judgment and with consent and concurrent approval of the mayor and city council, for the said board of education to charge and require a small incidental or matriculation fee for each pupil admitted into said schools, which amount shall in no event exceed the rate of fifty cents per month. Establishment and maintenance of schools. Matriculation fee. SEC. 12. 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 term 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 likewise any other fees. Tuition. SEC. 13. Be it further enacted by the authority aforesaid, That said board of education shall determine as early as practicable in each year what amount of money will be necessary to be raised by taxation to defray the expenses of said public school 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 same to the secretary and 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 said board under such regulations and requirements as they shall provide. School tax.

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SEC. 14. Be it further enacted by the authority aforesaid, That the board of education of Tattnall 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 Glennville, 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 Glennville. Other schools. SEC. 15. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia shall pay over to the board of education of Glennville the pro rata share of the State and county school fund to which said city is entitled, according to the number of children of school age residing within the corporate limits of the city of Glennville, increased by the number of children of school age residing without the limits of said city, but residing within the limits of Tattnall county, who attend such school. For each child of school age residing within the corporate limits, and for each child of school age, residing without the corporate limits in Tattnall county, but attending said public school of Glennville, the city of Glennville is entitled to receive for each year the amount apportioned for the State school fund for each child of school age residing within the county of Tattnall. The amount thus to be paid shall be paid at such time as the teachers of the county are paid, and when paid, shall be expended by said board for the support and maintenance of said public schools of Glennville. 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 or census of all school children of school age residing in the county of Tattnall, and all school children of school age residing in the city of Glennville, who attend said public schools in said city. 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 public school fund SEC. 16. 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 Glennville kept separate and distinct from other assessments and collections of said city, and are to be used solely for the purposes 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 from

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what and the disposition of the same, to whom, when and for what purpose paid out. School funds. SEC. 17. Be it further enacted by the authority aforesaid, That all provisions of former Acts of the General Assembly, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. GRAYSON, CHARTER AMENDED. No. 2. An Act to amend section 12 of an Act of the General Assembly of Georgia, approved December 16, 1901, incorporating the town of Grayson, in the county of Gwinnett, as amended by an Act of the General Assembly of Georgia approved December 17, 1902, so as the council of said town of Grayson may have the power to enact ordinances preventing the delivery of and receiving intoxicating liquors and whiskies within the corporate limits of said town of Grayson; to provide a penalty for violating same; to provide for the seizure and disposition of said intoxicants, 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 section 12 of the Act of the General Assembly of Georgia approved December 16, 1901, incorporating the town of Grayson, in the county of Gwinnett, as amended by an Act of the General Assembly of Georgia approved December 17, 1902, be, and the same is, hereby amended by adding at the end thereof the following: Said council is hereby further authorized and empowered, in the exercise of the police power of said town, to enact ordinances preventing the delivery within the corporate limits of said town of wine, beer, whisky, or other intoxicating liquors by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances providing a penalty for so doing. Said council is further authorized and empowered to enact ordinances preventing any company, corporation or person whatever from receiving such intoxicants within the corporate limits of said town from any corporation or person whomsoever, and to enact ordinances providing a penalty for so doing. Said council is further authorized

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and empowred to enact ordinances to provide for the seizure and forfeiture to the city of such intoxicants within the corporate limits of said town and for the disposition of the same by sale or otherwise, in the hands of any corporation, company or person whatever. Said council is further authorized and empowered in the exercise of its police power, to provide for and enact any other ordinance looking to the regulation, restriction, suppression or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town, whether by high license, prohibitory tax or otherwise; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and intrastate shipments as distinguished from shipments from beyond the State and interstate commerce. Grayson, receiving or delivering liquor prohibited. 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 23, 1907. GRIFFIN, CHARTER AMENDED. No. 79. An Act to amend the charter of the city of Griffin, so as to authorize the levy and collection of an annual tax of thirty-five one-hundredths (35-100) of one per centum of the assessed valuation of all and every species of property in said city, both real and personal, including bonds, notes, debts, choses in action, money employed in banking and otherwise, for current expenses of the city government; and also to authorize the levy and collection of the same amount of taxes in the same manner and on the same property for public schools; also to fix and prescribe the salary to be paid to aldermen and the chief of police, policemen and the janitor of said city; also to authorize the mayor and council to prescribe the punishment for violation of any and all ordinances of the said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the charter of the city of Griffin be, and the same is, hereby amended so that the mayor and council of said city shall have power and authority from and after the passage of this Act to levy and collect annually for the payment of the current expenses of

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the city government a tax of thirty-five one-hundredths (35-100) of one per centum of the assessed valuation of all and every species of property in the said city, both real and personal, including bonds, notes, debts, choses in action, money employed in banking and otherwise. Griffin, tax to support government. SEC. 2. Be it further enacted by the authority aforesaid, That the charter of the city of Griffin be, and it is, hereby amended so that the mayor and council of said city shall have power and authority from and after the passage of this Act to levy and collect a tax annually for public schools of said city of thirty-five one-hundredths (35-100) of one per centum of the assessed valuation of all and every species of property in said city, both real and personal, including bonds, debts, notes, choses in action, money employed in banking and otherwise. School tax. SEC. 3. Be it further enacted by the authority aforesaid, That the taxes provided for in sections 1 and 2 of this Act shall be levied and collected in lieu of the taxes now authorized by the charter of the city of Griffin to be levied and collected for current expenses of the city government, and for public schools, and shall not in any manner be construed to impair or affect the right of the mayor and council of the said city to levy and collect the taxes now authorized by the charter of the city of Griffin to be levied and collected for gas, water and electric lights and for bonded debts and interest thereon and for permanent improvement of the streets of said city, and other taxes. Tax for public utilities and for payment of bonds. SEC. 4. Be it further enacted by the authority aforesaid, That the charter of the city of Griffin be, and the same is, hereby amended so as to authorize the mayor and council of said city to pay to the aldermen of said city an annual salary of one hundred dollars; and to pay to the chief of police of said city an annual salary of nine hundred dollars to be paid monthly; to pay to each policeman of said city an annual salary of seven hundred and twenty dollars, payable monthly; and and to pay the janitor of said city an annual salary of three hundred and sixty dollars, payable monthly; provided, that this amendment as to salaries shall not go into effect until the expiration of the term of office of the present incumbents. SEC. 5. Be it further enacted by the authority aforesaid, That the charter of the city of Griffin be, and the same is, hereby amended so that the mayor and council shall have power and authority from and after the passage of this Act to prescribe the punishment for the violation of any and all ordinances of said city which may be by fine or imprisonment or to work in the

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city chaingang, and any one or more of these punishments may be ordered in the discretion of the judge of the criminal court of Griffin. Punitive powers of police court SEC. 6. 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 19, 1907. HAMPTON, CHARTER AMENDED. No. 292. An Act to amend an Act approved August 26, 1891, entitled an Act to amend, revise and consolidate an Act incorporating the town of Hampton, so as to change the name of the town of Hampton to the city of Hampton, to provide for the officers of said city, and prescribe the manner of their election, their duties, their term of office, and to provide for the registration of the voters of said city of Hampton, and to give the mayor and council power to call for an election for bonds in order to put in electric lights, waterworks and other improvements, to establish a police court, and define its jurisdiction, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, an Act approved August 26, 1891, entitled an Act to incorporate the town of Bear Creek, in the county of Henry, under the name of the town of Hampton, to appoint a board of commissioners for the same, and for other purposes, approved August 23, 1872, and the several Acts amendatory thereof, be, and the same are, hereby amended, revised and consolidated, so that the charter of the said town of Hampton shall be and read as follows: Hampton, charter for city of. SECTION 1. Be it further enacted by the authority aforesaid, That the name of said municipality be changed from the town of Hampton, to the city of Hampton, and that the municipal government of the said city of Hampton shall be vested in a mayor and six councilmen, who are hereby constituted a body corporate, under the name and style of mayor and council of the city of Hampton, and by that name and style shall have perpetual

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succession, and shall in said name be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; shall have the power to lease, hold, receive, purchase, enjoy, possess and retain to themselves, and their successors for the use and benefit of said city any estate or estates, real or personal, of whatever kind or name, within the limits of said city and to sell, alien, exchange, lease or convey the same or any part thereof, and to make all contracts, and do all other Acts relating to their corporate capacity, consistent with the Constitution and laws of said State. The corporate limits of said city of Hampton, in the county of Henry, shall extend and embrace one-half mile in every direction from the center of the railroad crossing, near the old depot of the Central of Georgia Railroad, in said city. SEC. 2. Be it further enacted by the authority aforesaid, That the present mayor and council of the said town of Hampton are hereby declared to be the mayor and council of the said city of Hampton and shall be vested with all the authority conferred by this Act upon the mayor and council of the said city of Hampton, and all of its provisions are hereby made applicable to them, and until ordinances and by-laws shall be adopted in conformity with this charter by said mayor and council, or their successors in office, those now in force not inconsistent herewith shall remain of force. Present officers and existing laws. SEC. 3. The mayor and council shall hold their offices for two years or until their successors are elected and qualified. The first election under this Act shall be held on Wednesday before the first Monday in December, 1908, when a mayor and six councilmen shall be elected to succeed the present mayor and council, whose term of office is extended until the first Monday in December, 1908. At the first election the mayor shall be elected for two years, and three councilmen for one year and three councilmen for two years, and each year succeeding the said date there shall be elected at one election three councilmen for two years and the next year the mayor and three councilmen for two years. At said election all male citizens of said city of Hampton who shall be qualified to vote for members of the General Assembly and who had resided within the corporate limits of the said city of Hampton for thirty days, and having paid all taxes due the said city of Hampton, commutation taxes for road services and who shall have registered with the clerk and treasurer of the said city of Hampton shall be entitled to vote at such election and shall be eligible to office in said city.

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The election shall be conducted by a justice of the peace, and two freeholders, to be selected by the mayor and council or in the absence of a justice of the peace, by three freeholders, in said city of Hampton in accordance with the election laws of this State. At the close of the election the managers shall count the votes and give a certificate of election to the person receiving the highest number of votes for their respective offices, which certificate shall be recorded on the minutes of the council and shall be held to be the highest evidence of the election of such officers, and the persons receiving such certificates shall be sworn in at the first regular meeting of the council succeeding said election. Election of mayor and coun cilmen. SEC. 4. Be it further enacted by the authority aforesaid, That in the event of a vacancy in the office of mayor or councilmen, from any cause, the remaining councilmen shall order an election to fill such vacancy for the unexpired term, and notice of such election shall be advertised in two or more public places in said city, or in a newspaper published therein, at least ten days before such election, which election shall be conducted as provided for in section 3 of this Act. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That before entering upon the duties of the aforesaid offices the persons elected thereto, as well as those herein provided for in this Act, shall take and subscribe the following oath: I, do solemnly swear that I will, to the best of my ability, discharge the duties of for the city of Hampton, during my continuance in office; so help me God. Any person authorized by law to administer oaths, or the acting mayor of said city, may administer said oath. The mayor and councilmen, and other officers provided for in this Act, except as herein provided shall hold their offices for two years from the first Monday in December succeeding their election, and until their successors are elected and qualified; provided, nevertheless, that the officers elected by said mayor and councilmen shall be liable to removal by a majority vote of the council (composed of mayor and councilmen) with or without cause. Oath and terms of office. SEC. 6. Be it further enacted by the authority aforesaid, That there is hereby established a court in the said city of Hampton to be known as the police court of Hampton. Said police court shall have exclusive jurisdiction of all violations of the ordinances of the city of Hampton and shall be presided over by the mayor of said city, and in case of the sickness, absence from the city or disqualification of the mayor, the mayor pro tem. or any councilmen may preside. Said court shall have authority to

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compel the attendance of witnesses after being served with written notice, whose presence may be necessary to dispose of any matter pertaining to the jurisdiction of this court, establish rules of practice in said court, punish for contempt by fine not exceeding fifty dollars and imprisonment not exceeding twenty days, and shall have all the powers of a justice of the peace as to issuing warrants for criminal offenses and making examinations from the warrant and committing or binding over the accused to the proper court. Police court SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to open and improve new streets upon payment for the land appropriated for the same, according to the mode prescribed by law for opening out new roads under the road laws of this State, and repair those already open, to provide such public buildings as may be necessary and for the benefit of said city; to pass ordinances regulating the management of market houses, private and public transportations through the city, barrooms and saloons licensed by them (if there should be any), public wells, springs, and pumps, to abate nuisances, public or private, suppress all disorderly conduct, disorderly houses and houses of ill-fame within the said corporate limits; to prevent loud and boisterous conversation, quarreling, profanity, and obscene language upon the streets or other public places in the city; to prevent the keeping of spirituous or malt liquors or unlawful sale; to disperse disorderly assemblies; to prevent intoxication or drunkenness in said city; to levy a tax on any public carrier who delivers intoxicating liquors to any place in said city; to prevent street walking by females of bad character; to regulate the speed of trains passing through the city; to prescribe the signals to be given by trains and locomotives passing through, arriving and departing from the city and to suppress all other whistling or blowing on locomotives by persons connected with such engines or locomotives; to keep open and unobstructed all railroad crossings in the corporate limits of said city; to provide for paupers from being imposed on the city. Said mayor and council shall have power to enact appropriate ordinances for the accomplishment of all the purposes hereinbefore enumerated, and for the punishment of offenders in relation to any of the matters aforesaid, and all ordinances they may deem necessary for preserving the peace, health and good order and good government of the city, and to enforce all ordinances by them adopted not inconsistent with the laws of this State, and to punish any person or persons who shall violate such ordinances by fine not to exceed fifty dollars,

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or imprisonment not to exceed twenty days, any one or all of these punishments. Mayor and council, powers of. SEC. 8. Be it further enacted by the authority aforesaid, That for the transaction of all business, except as otherwise provided in this Act, the mayor and three members of council shall constitute a quorum, and the vote of four members of council, or three members of council, with the concurrence of the mayor, shall decide any question which may come before the council. Quorum of council. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have authority and power to call out, or provide for calling out, each and every male person subject to road duty under the laws of this State who resides within the corporate limits of said city, who shall be compelled to work on the streets and sidewalks of said city for the number of days in each year as are now fixed by the road laws of this State; and when any person, subject to such road duty, shall have been notified, according to the road laws of this State, to work on said streets by the chief of police, or other persons or officers on whom the by-laws of said city may devolve this duty, and after such notification shall in any way make default by failing to appear at the time and place specified in said notification, or by failing to work, as required by the present road laws of the State, or in any other manner shall make default in relation thereto, such party shall be notified to appear before the police court to show cause why he should not be fined for such default, and at that time appointed by the court it shall try the defaulter, and if found guilty of such default they may impose a fine on such defaulter for such default to the same extent that the road commissioners of this State may fine defaulters under the present road laws of this State; which fine, or fines, if not paid immediately, or within such time as the court may fix, such defaulter may be by the order of the court imprisoned in the calaboose of said city, or work on the streets and public works of the city, for a period not to exceed two days for each dollar of the fine imposed. Said court shall have power to fix, by ordinance, a commutation tax, or sum of money, which, when paid by the person liable to work on the streets, shall exempt such person from any other road or street duty for the year for which it is paid; but no person shall have the right to relieve himself from the penalty of default, as aforesaid, by paying, or offering, to pay such commutation tax without the consent of the court. Street work and commutation tax. SEC. 10. Be it further enacted by the authority aforesaid,

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That the mayor and council shall elect annually at the first regular meeting of the council in December a mayor pro tem., whose duty it shall be to act as mayor in all cases in the absence, sickness or disqualification of the mayor, and a clerk and treasurer, and shall also at the same time select and appoint three assessors, who shall be freeholders of the said city, and a chief of police, and such other officers and policemen as the mayor and council may determine. Municipal officers. SEC. 11. Be it further enacted by the authority aforesaid, That the salaries of all the officers of the council, including the clerk and treasurer, policemen, mayor and councilmen, and such other officers as may be from time to time appointed, shall be fixed at the first regular meeting of the council in September of the year previous to the election of mayor. Salaries. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council of the said city of Hampton shall have power to levy and collect ad valorem tax, not to exceed one per cent., upon all the taxable property within the corporate limits of the town, made taxable by the laws of this State. The valuation of property subject to taxation shall be assessed by three assessors, whose selection and appointment is hereinbefore provided for; and the said assessors shall have the power to adopt as their appraisement the valuation placed on property by parties making their returns to the receiver of tax returns of the county, or require the taxpayers to make returns of them, under oath, of all of his taxable property. Should a difference arise between the assessors and any taxpayer concerning the value of property given in, the assessors shall have the power to assess the same at their valuation; but any taxpayer who may be dissatisfied with the assessment of his or her property shall have the right to appeal to the council, under such rules and regulations as may prescribe. Ad valorem tax. SEC. 13. Be it further enacted by the authority aforesaid, That if any person shall refuse or fail to pay the tax imposed by this Act, or the ordinances enacted in accordance therewith, either ad valorem or special, the clerk of said town shall issue an execution, which shall be signed by him and bear test in the name of the mayor. Said execution shall bind all property which said defaulting taxpayer owned in said city on the day that his property is bound for State and county taxes in the year in which it is returned for taxation. Such execution shall be directed to and enforced by the chief of police; and said chief of police shall levy said execution on the property of the person against whom

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it shall issue, and seize said property, and advertise and sell the same at the time and place and in the manner now provided by law for sheriffs' sales for the State and county taxes; and after having sold said property, the said chief of police shall make titles to the purchaser and place him in possession in as full and complete a manner as the sheriffs of this State may do. For each fi. fa. so issued the clerk shall be entitled to fifty cents cost, and the chief of police shall receive the same fees as by law constables of this State are entitled to for levies, and the same commissions for selling as are received by the sheriffs of this State. Collection of taxes, etc. SEC. 14. Be it further enacted by the authority aforesaid, That said mayor and council have power and authority, in addition to the ad valorem tax herein provided for, to levy and collect a tax upon factors, brokers, upon agents or managers of gift enterprises, and upon all other persons exercising within said city any profession, trade or calling, or business of any nature whatever. They shall also have power to levy and collect a tax upon all billiard tables, pool tables, tenpin alleys, or ninepin alleys, and of all other kinds used for the purpose of playing with balls or pins, or both, within said city, and upon all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance by selling cards, tickets, or numbers, or turning a deal or wheel, or by pitching rings at sticks or knives, or by pointing out cards, pictures or photographs, or by using any other artifice or contrivance whatever. They shall also have power to levy and collect a tax, in such sums as they may see proper, upon all circuses, sleight-of-hand performances, tricks of legerdemain, theatrical exhibitions and other shows as may exhibit in said city; such taxes to be for each exhibition. Any and all taxes provided for in this section shall be paid in advance; if not voluntarily paid, may be collected by execution, levy and sale, as provided for the collection of taxes in section 14 in this Act. The taxes provided for in this section shall be fixed at the regular December meeting of council of each year for the succeeding year. Specific taxes. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to establish police rules and regulations; to license, regulate and control all business, callings or performances, permanent or temporary, carried on or attempted to be carried on in said city, and to pass all such laws and ordinances, not in conflict with this charter and the laws of this State, as they may deem necessary to carry out the purposes of this charter, and to provide therein

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for such license fees and taxes, and such fines and penalties as they may deem proper; provided, nevertheless, that the fines and penalties prescribed in such ordinances shall not exceed the punishments named in section 7 of this Act. Police powers SEC. 16. Be it further enacted by the authority aforesaid, That the clerk and treasurer shall perform and discharge all duties assigned him by the council and imposed upon him by this Act, and shall receive all moneys received from all sources, and shall pay the same out on an order drawn by the mayor. The clerk shall keep a book, which shall at all times be subject to inspection of the mayor and council or any person holding an order from the mayor and council, which book shall show all money remaining in his hands, all money received, and what money has been paid out and what account it was paid out on, and shall perserve all orders drawn on him and paid by him as vouchers for disbursements. The clerk and treasurer, in addition to oath herein required, before entering upon the duties of his office, shall give a bond payable to the mayor of said city; the condition of the bond shall be the faithful discharge of his duties and the accounting of all moneys coming into his hands, in the sum of $2,000, said bond to be approved by the mayor of said city. Clerk and treasurer, duties and liabilities. SEC. 17. Be it further enacted by the authority aforesaid, That the chief of police shall retain in his hands any funds by him collected for not more than one week. But said chief of police shall pay over to the treasurer any and all money collected by him for the city within one week from the date of collection, and upon failure to do so shall be subject to removal, at the discretion of the council. And the said chief of police, the clerk and the treasurer, upon failure to comply with any duty assigned them by this charter or the ordinances consistent therewith, may be removed from office by the council, and they shall also be subject to removal for any misconduct or malfeasance in office, and there shall be no appeal from the decision of the council upon any question of removal. Chief of police, duties and liabilities. SEC. 18. Be it further enacted by the authority aforesaid, That when any fi. fa. shall be levied, as provided in this charter, and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto, and if the fi. fa. be for taxes, such claims shall be interposed in the manner now provided by law for claims under tax fi. fa. for the State and county taxes, and if the fi. fa. be for fines or forfeitures, or any other demands due the city, such claim shall be interposed under

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ordinary claim laws of this State. In either case the claim shall be returned to and heard in Henry county superior court. Claims. SEC. 19. Be it further enacted by the authority aforesaid, That the city of Hampton shall have power and authority to lay out, contract and maintain a system of sewerage in said city, and provide for the construction and maintenance of the same by the issuing of bonds, when authorized so to do at an election called and held for that purpose under the general law of the State. Sewerage. SEC. 20. Be it further enacted by the authority aforesaid, That the city of Hampton shall have power and authority to own, control and operate a system of electric lights and waterworks, and to improve and extend the same, and pay therefor by bonds issued when an election is called and held therefor under the general law of the State. Electric lights and waterworks. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority to select an overseer of the street hands, or superintendent of the chaingang, if one should be established by them, at a salary not exceeding forty dollars per month, and to suspend or discontinue such officer at pleasure, with or without cause, and said overseer shall have the same power and authority as by ordinance may be conferred upon the police. Street overseer and superintendent of chaingang. SEC. 22. Be it further enacted by the authority aforesaid, That the registration of the legal voters of the said city shall be made annually before the clerk and treasurer of said city council, under such rules and regulations as the mayor and council may prescribe; said registration to commence not more than twenty days, and be completed at least ten days, before the annual election held in said city. Said registration shall be open and public at such place as may be designated by the mayor and council in said city, and the books thereof be subject to public inspection at all times; and should any dispute arise as to the right of any person to register, the same shall be determined by said mayor and council before such election is held. Registration of voters. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to establish a chaingang, to be worked on the streets, or such place in said city as the mayor and council may direct; and to pass all ordinances necessary for the control to work, and for the government and safekeeping of the convicts, and for the punishment of the same for insubordination and disobedience. [Illegible Text] SEC. 24. Be it further enacted by the authority aforesaid, That the city of Hampton shall own and have full and exclusive dominion and control over all streets, lanes, alleys and sidewalks

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in said city, and shall be required to keep and maintain the same in reasonably safe and passable condition. Streets, etc SEC. 25. Be it further enacted by the authority aforesaid, That any ordinance or by-law that may be passed or adopted by the said mayor and council in conformity to this charter shall be of force and take effect from and after the same shall have been published in two public places in said city for five days, or after one insertion in a newspaper published in said city. Publication of ordinances. SEC. 26. 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 22, 1907. HAPEVILLE, PUBLIC SCHOOLS. No. 250. An Act to place the territory embraced within the incorporate limits of the city of Hapeville, Fulton county, Georgia, under the jurisdiction, management and control of the county board of education of Fulton county, Georgia, for school purposes; to provide for the levying and collection of a tax on all property within the incorporate limits of said city of Hapeville for school purposes; to provide for an election to authorize the levying and collection of such taxes, and for other purposes. WHEREAS, Under the provisions of an act approved August 23, 1905, as amended by an Act approved August 21, 1906, which Act as amended is 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, and for the laying off of counties into school districts, and for other purposes, the county board of education of Fulton county, Georgia, called a special election for the purpose of supplementing the public school fund received by said county from the State, by levying a tax upon the property of the county, which election resulted in favor of a special local tax for public schools in said county as contemplated and provided under said Act; and Hapevi WHEREAS, The municipal authorities of the city of Hapeville,

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a municipal corporation in said county of Fulton, has caused its charter to be so amended by a special Act of the legislature as to abolish the public school system heretofore operated by it, that said municipal corporation might avail itself of the provisions of said Act by placing the territory embraced within the incorporate limits of said city of Hapeville under the jurisdiction, management and control of the county board of education of Fulton county, Georgia, as provided by said Act. SECTION 1. Be it enacted, therefore, by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the territory now embraced within the incorporate limits of the city of Hapeville, a municipal corporation of Fulton county, Georgia, be and the same is hereby placed under the general control, jurisdiction and management of the county board of education of Fulton county, Georgia, for school purposes; and that from and after the passage of this Act, said county board of education of Fulton county, Georgia, shall have and exercise any and all jurisdiction, authority and control over said territory which said board of education now has or may hereafter acquire touching any and all territory under its jurisdiction, management and control. County board of education. SEC. 2. Be it further enacted, That within sixty (60) days after the passage of this Act, the ordinary of Fulton county, Georgia, shall order an election not earlier than ten (10) days nor later than sixty (60) days after the date of his order, for the purpose of supplementing the funds received from the State public school fund, by levying a special tax for educational purposes upon all property within the incorporate limits of said city of Hapeville; provided, that notice of said election shall be posted in at least three conspicuous places in said city of Hapeville for ten days prior to the election. The election shall be held at a time and place prescribed by the proper authorities, and under the rules governing ordinary elections. Those favoring local taxation for public schools shall vote For local taxation for public schools. Those opposed to such taxation 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 those regularly qualified to vote in State and county elections. Election for local taxation. SEC. 3. Be it further enacted, That upon a two-thirds vote

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of the qualified voters of the city of Hapeville, as provided in section two (2) of this Act, authorizing the levying of a special tax for school purposes, as herein provided, the county board of education of Fulton county, Georgia, be and it is hereby authorized and empowered to levy and collect on all property embraced within the incorporate limits of the city of Hapeville, such tax or taxes as may be now or may be hereafter legally assessed or collected on the property under the jurisdiction, management and control of said board of education for school purposes. Tax, how levied. SEC. 4. Be it further enacted, That the county board of education of Fulton county, Georgia, be and it is hereby authorized and empowered to organize the territory now embraced within the incorporate limits of said city of Hapeville into a school district, should said board of education deem it proper, or add other territory thereto for the purpose of forming a school district, or make other provisions for the purpose of providing said territory with public school privileges; and generally to manage and control said territory for school purposes as said board of education now manages or may hereafter manage and control other territory within the county of Fulton under its control and jurisdiction, as by law provided, for school purposes. Control and jurisdiction of county board. 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 22, 1907. HAPEVILLE, CHARTER AMENDED. No. 182. An Act to amend an Act entitled an Act to incorporate the city of Hapeville, Georgia, and for other purposes, approved September 16, 1891, by repealing section twenty-five (25) of said Act, which section provides for the establishment and maintenance of a public school by said city of Hapeville, 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 section twenty-five (25) of an Act entitled an Act to incorporate the city of Hapeville, Georgia, and for other purposes, approved September 16, 1891, which section reads as

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follows, to wit: The mayor and council of said city shall have power to establish and maintain public schools, the cost of which to be paid out of the city treasury, as may be prescribed by ordinance. Said public schools shall be free to all children of school age residing in said city; provided, that until a public school or schools shall be established by said mayor and council, they may appropriate from year to year, such part of the taxes as they may deem necessary, to assist in the support and maintenance of such schools as they may select in said city, be, and the same is, hereby repealed. Hapeville. School law repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. HARALSON, INCORPORATED. No. 225. An Act to incorporate the town of Haralson, partly in Coweta county and partly in Meriwether county, Georgia; to provide for a mayor and officers of said town; to prescribe their duties; to define their powers; to levy and collect ad valorem and specific tax; to provide all matters of municipal concern and cognizance; to provide for the enactment of all necessary ordinances, and to provide for penalties for violation of same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Haralson in Coweta and Meriwether counties, Georgia, is hereby incorporated under the name and style of the town of Haralson, and as such shall have perpetual succession, shall be entitled to sue and be sued, plead and be impleaded, have all the rights that are common and incident to municipal corporations in the State, and do such other acts as may be authorized by this Act. Haralson, 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 three-eighths ([frac38]) of a mile from the center thereof, which is a point in the middle of the street on which the residence of W. O. Herndon faces, and twenty-five (25) feet west of the extended land line between Henrietta Swygert and W. O.

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Herndon, and said town shall embrace all the territory included within these limits. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of the town of Haralson shall consist of mayor and three aldermen, and that W. O. Herndon be, and is, hereby appointed mayor of said town of Haralson, and James A. Hutchinson, A. H. Rawls, and W. A. Grovenstein are herebv appointed councilmen of said town, to hold said offices until the first regular election as hereinafter provided for, and until their successors are elected and qualified. Mayor and aldermen appointed. SEC. 4. Be it further enacted, That on the first Saturday in December, 1907, an election be held in the said town of Haralson for the purpose of electing a mayor and three aldermen; that said mayor and aldermen shall be elected for a term of two years from the date of their election, and that they shall hold their office until their successors are elected and qualified; and that biennially thereafter there shall be an election held in said town of Haralson on the first Saturday in December for the purpose of electing said mayor and councilmen as their terms of office expire. Election of successors. SEC. 5. Be it further enacted, That all elections for officers of said town of Haralson shall be held at some point near the center of the said town, and after the same has been selected, it shall be known as the voting precinct of the town of Haralson, 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 of all elections shall be freeholders. or a justice of the peace and two freeholders, all residents of the said town, who before entering upon their duties shall take and subscribe to an oath to faithfully and impartially discharge their duties as such managers. Said oath may be administered by any person qualified to administer oaths, or if such person is not accessible, they may administer the oath to each other. The polls at such elections shall be opened at one o'clock p.m., and close at five o'clock p.m. Such elections shall, except as to the time of opening and closing the polls, be held as elections for members of the General Assembly, and all persons resident of said town, who have resided within its limits for six months previous to the election, and are qualified to vote for members of the General Assembly of the State of Georgia, and have paid all taxes due the said town, and have registered as required by this charter, shall be allowed to vote at such elections. Elections, how held.

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SEC. 6. Be it further enacted, That the clerk of said town shall keep a registration book for the purpose of having voters' names recorded therein; upon personal application the clerk shall register, or permit the applicant to register, in alphabetical lists, keeping a separate list for white and colored voters, the names of all male persons who shall take and subscribe to the following oath: I, , do solemnly swear that I am a citizen and qualified voter of the State of Georgia, according to the Constitution and laws thereof; that on the first Saturday in December next I will have been a bona fide resident of the town of Haralson for six months immediately preceding, and have paid all taxes that have been legally demanded of me by said town. Sworn to and subscribed before me this..... day of....., Clerk of the town of Haralson. Such registration book shall be kept open for the registration of voters from the fortieth to the tenth day immediately preceding all elections in said town, and on said tenth day preceding the election, said book shall be effectively and absolutely closed. The clerk shall present such book to the managers of the election, and shall be used by them in determining who are qualified to vote in the election, and any person whose name does not appear in said book shall not be allowed to vote. Registration of voters. SEC. 7. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen of said town shall take and subscribe the following oath: I do solemnly swear that I will discharge the duties devolving upon me as mayor, or councilman, as the case may be, of the town of Haralson to the best of my understanding and ability; so help me God, which may be administered by any person authorized by law to administer oaths. Official oath. SEC. 8. Be it further enacted, That the mayor and council of the town of Haralson shall elect at each first meeting held by the newly installed mayor and aldermen, a mayor pro tem., who shall hold his office for the term of two years, and shall be clothed with all powers, rights, privileges and duties of mayor during the sickness or absence of the mayor, or from any cause the mayor be disqualified to act, upon the said mayor pro tem. taking the oath prescribed for mayor, and not otherwise. Said mayor pro tem. shall be elected from the number of aldermen then in office. Mayor pro tem. SEC. 9. Be it further enacted, That at the first meeting of the mayor and councilmen after they have been newly installed in office they shall elect a clerk of council, who shall be ex-officio

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treasurer, tax-receiver, tax-collector, and clerk of the mayor's court of the said town of Haralson; the said clerk may be one of the aldermen, or some other person, and his term of office shall be two years, or until his successor has been elected and qualified. At the same meeting the mayor and councilmen shall elect a marshal, and if necessary, a deputy marshal, for such term of service as they shall deem best, but not to exceed the term of two years. Said mayor and councilmen shall have the power to remove any officer for inefficiency or wilful neglect of duty, or other cause which would warrant his removal. Clerk and marshal. SEC. 10. Be it further enacted, That the salary of all officers shall be fixed by the mayor and council, but the salary of the mayor shall not exceed the sum of fifty dollars per annum; the salary of the clerk shall not exceed the sum of thirty dollars, and the salary of each alderman shall not exceed twenty dollars per annum. Salaries. SEC. 11. Be it further enacted, That the mayor and council of the town of Haralson shall have full power and authority to pass all ordinances respecting the streets of said town, to open and lay out the same, to change and close the public roads in said town so as to make same conform to the streets thereof, respecting the sidewalks of said town, and to pass all laws, rules, regulations, by-laws and ordinances that they may deem necessary for the government of said town, the protection of the life, liberty and property of its citizens or sojourners therein, the protection of the well-being, safety and health of its citizens, and in all matters safeguard the best interests of its citizens, and do all things needful and necessary that are not repugnant to the Constitution and laws of the State of Georgia or the United States. Mayor and council, powers of. SEC. 12. Be it further enacted, That the mayor of said town shall be the chief executive officer of said town, and it shall be his duty to see that all the ordinances, laws, rules, regulations, by-laws and orders of the mayor, or of the mayor and council, are fully executed, and shall have control of the marshal and deputy marshal, and appoint special police whenever necessary; it shall be his duty to see that the peace and good order of the town is preserved, and that persons and property therein are protected, and to secure this may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue warrants for the arrest of all violations of the laws and ordinances of said town, for all disorderly persons therein, to try such offenders for all offenses falling within his

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jurisdiction, to fine and impose penalties on such offenders, to have his judgment or sentences in such cases executed, and to issue execution for all fines, penalties and costs imposed by him. The fines imposed by said mayor shall in no case exceed the sum of one hundred dollars, and the imprisonment in the town prison, or such other place as the mayor and council may designate, shall be for a period not exceeding ninety days, and a sentence to work on the streets of said town shall be for a period not longer than ninety days from the date of the sentence, or to date from the time when same is finally put into execution; the mayor shall have the power and authority to impose either one, or any two, or all of these penalties upon such offenders, in the discretion of the mayor. Executive powers of mayor. SEC. 13. Be it further enacted, That it shall be the duty of the clerk of council to attend all meetings of the said council, and such meetings as are called by the mayor, to notify the councilmen of the said called meetings, to keep a fair and regular minute of all the proceedings of the council, to receive and collect all town taxes due the said town of Haralson and disburse same under the direction of the council, and perform such other duties as the mayor and council may impose. The clerk shall give a bond with good security in such sum as the council may direct, for the faithful performance of all his duties, and for the faithful accounting of all moneys received by him by virtue of his office, payable to the mayor and his successor in office, who may bring suit on same. Clerk, duties, etc. SEC. 14. Be it further enacted, That the mayor and council of said town shall have power and 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 resolution or ordinance. And it shall be their duty to prevent by ordinance and suitable penalty the running at large of stock, mules, cattle, or other animals in said town, and to provide for the impounding of such animals at the expense of the owners thereof, and for the sale of the same to pay expenses of such impounding, including feed bills. Nuisances. SEC. 15. Be it further enacted, That the said mayor and councilmen shall have power and authority to annually levy and collect an ad valorem tax, not to exceed the sum of one-half of one per cent. upon all property, both real and personal, within the limits of said town that is taxable under the laws of the State of Georgia; the collection of such taxes may be enforced by execution issued by the clerk of said town and in his name

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as clerk of the town of Haralson against any delinquent taxpayer; and said execution may be levied by the marshal of said town or his deputy, upon the property of such delinquent taxpayer and after being advertised for ten days in three or more public places in said town, shall be sold at public outcry at an established place for such sales, which place shall be named in the advertisement. The proceeds of the sale of said property shall be applied to the execution levied, and all costs accrued by reason of such execution having issued, and the residue paid over to the owner thereof. If the property so levied upon shall be real estate, the marshal shall return his levy to the sheriff of Coweta county, Georgia, who shall proceed to sell the same as other property consisting of real estate is sold by the said sheriff at his regular sales. Ad valorem tax. SEC. 16. Be it further enacted, That the said mayor and councilmen shall have the power and authority to require all persons within the corporate limits of said town who are subject to road duty under the laws of the State of Georgia, and who have resided within the said corporate limits for ninety days, to work the streets of said town under the direction of the marshal or his deputy, for a period of ten days in each year, or said work may be divided into different periods not to exceed in the aggregate ten days in each calendar year, or they may prescribe a commutation tax not to exceed the sum of three dollars, which may be paid in lieu of such work upon the streets. Any person failing to do such work on the streets when required, and failing to pay such commutation tax, shall be punished in the manner prescribed by ordinance. Streetwork or commutation tax. SEC. 17. Be it further enacted, That the said mayor and councilmen shall have power and authority to levy and collect a specific tax, or license, upon any business, trade, or occupation carried on or conducted within the corporate limits of the said town of Haralson, and shall have power to pass and enforce such ordinances as shall be necessary for the collection of such tax or license. Specific tax SEC. 18. Be it further enacted, That the mayor and councilmen of the said town of Haralson shall have the right to supervise all tax returns and act as tax-assessors, and when in their opinion any property, real or personal, is returned for taxation, to said town for less than its real value, they shall have the right to increase the returns of any person to the proper value of the property, and when said increase is so made, the clerk of council shall notify said party of such increase in his returns, at least ten days before a certain time fixed for a hearing of the

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matter, at which time such person may appear before said mayor and council and set up and urge any reason why such increase should not be made, and the mayor and councilmen shall determine whether such increase shall stand or a reduction be made. Tax returns SEC. 19. 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 this State, and of the United States. General powers. 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 22, 1907. HARRISON, NEW CHARTER. No. 173. An Act to create a new charter for the town of Harrison, to revise, consolidate and amend the several Acts pertaining thereto, 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 town of Harrison shall consist of a mayor and five aldermen who are hereby constituted a body corporate under the name and style of the town of Harrison, 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, and for the use of the town of Harrison, any real or personal estate of whatever kind or nature within the jurisdictional limits of the town of Harrison, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all rights and liabilities of the present corporation of Harrison; and the corporate limits of Harrison shall be one-half mile in every direction from the depot of the Wrightsville and Tennille railroad. Harrison, town of, new charter for. SEC. 2. Be it further enacted by the authority aforesaid, That an election shall be held at the council chamber, in the town of Harrison, on the fourth Monday in August, 1907, and

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biennially thereafter, for a mayor and five aldermen, and a city treasurer, to serve two years and until their successors are elected and qualified. The polls of said election shall be opened at 10 o'clock in the forenoon and closed at 3 o'clock in the afternoon. Election of officers. SEC. 3. Be it further enacted by the authority aforesaid, That all male citizens qualified to vote for the members of the House of Representatives in the General Assembly of Georgia, and who shall have paid all taxes imposed and demanded by the authorities of the town, and shall have resided six months within the jurisdictional limits of said town, and no other person, shall be qualified to vote at said election. Voters. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council shall cause the clerk of said council of said town of Harrison to register the names of all the voters who are qualified to vote under the charter and under the laws of this State for municipal officers of the town of Harrison. Registration of voters. SEC. 5. Be it further enacted by the authority aforesaid, That the said clerk shall provide a suitable book, alphabetically arranged, in which to register said qualified voters, and said clerk shall give notice in the town papers, at least thirty days preceding the election, that his books are open for the registration of voters who are qualified to vote for municipal officers; such book shall be closed one week before the election. Registration book. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of all persons who desire to register to apply to the clerk in person, and to furnish said evidences of their qualification for registration, and in case the clerk is not satisfied as to the qualification of the applicant he may require the following oath or affirmation: I do swear that I am a qualified voter for the members of the House of Representatives in the General Assembly of Georgia, from the county of Washington, and have paid all taxes legally imposed upon me by the town of Harrison; so help me God. The clerk of said town is hereby authorized to administer said oath, and shall keep a record of the same upon the registration book, and may refuse to register such person as may decline to take the oath aforesaid. Registration oath. SEC. 7. Be it further enacted by the authority aforesaid, That any person voting illegally in the municipal election of the town of Harrison, or falsely swearing in order to register, or otherwise violating any provision of this Act, shall on conviction be punished as prescribed in the section 1039 of volume 3 of the Code of Georgia, 1895. Illegal voting.

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SEC. 8. Be it further enacted, That said election shall be [Illegible Text] under the superintendence of a justice of the peace and two freeholders, or of three freeholders, who shall be appointed by the said council, at least five days before the election, and each [Illegible Text] said election managers shall, before entering upon his duties, take oath before some justice of the peace that he will faithfully and impartially conduct said election, and prevent all illegal voting to the best of his skill and power, and in case the said managers of said election shall have any reasonable doubt as to the qualification of any person to vote therein, they shall have the power to administer the following oath: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States and are qualified to vote for the members of the House of Representatives in the General Assembly of Georgia from the county of Washington; that you have resided for the last six months within the town of Harrison, and have paid all taxes legally imposed and demanded of you by the said town; so help you God. And any person who shall take said oath and shall swear falsely shall be deemed guilty of perjury. Election managers. SEC. 9. Be it further enacted, That the person or persons who receive the highest number of votes at said election for mayor, aldermen, and town treasurer, respectively, shall be declared duly elected. Votes required to elect, SEC. 10. Be it further enacted, That in case of any vacancy among the members of the council or in the office of the town treasurer, either by death, resignation, failure to elect or removal from office or removal from town, or other cause, the mayor shall order a new election to fill said vacancy, giving notice of ten days in the public gazette, and the registration for the last preceding election shall be applicable thereto. In case of the death of the mayor, his resignation, removal from office or removal from town, or of a vacancy from any other cause in the office of the mayor, the said council shall in like manner order an election for filling said vacancy, in each case giving ten days' notice in the public gazette of said town, and the registration of the last preceding election shall be applicable thereto; provided, that if any vacancy shall occur within six months next preceding the regular election, no special election shall be called to fill said vacancy. If the vacancy is in the office of the mayor, the mayor pro tem. shall, upon taking the oath as mayor, serve out the unexpired term, and said council shall elect a new mayor pro tempore; if the vacancy is in office of the treasurer, the [Illegible Text]

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and council shall proceed to elect a new treasurer to fill out the [Illegible Text] term; if the vacancy is in the office of the aldermen, there shall be no election to fill out the same unless the council is reduced by vacancies to less than a quorum, which is hereby declared to consist of three aldermen besides the mayor or acting mayor. Vacancies. SEC. 11. Be it further enacted, That after the votes for the [Illegible Text], aldermen and town treasurer at each election shall have been counted by the managers, they shall cause two certified copies of the tally sheets to be made out, one of each shall be handed to the mayor for the time being, and the other shall be retained by the managers, and as soon as the mayor, as aforesaid, shall be informed of the result of the election, he shall cause the persons elected as aforesaid to be notified of the same, and the persons elected shall attend on the first Monday thereafter, at the council chamber, and the mayor and each member of the council shall take and subscribe before the judge or clerk of some court of record of this State, or before the justice of the peace, the following oath: I swear that I will faithfully and impartially demean myself as mayor or alderman (as the case may be) during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly promised my vote or support to any person or office in the said government of Harrison, nor for any other office. I will not knowingly permit my vote in election or appointment of any persons to a position in said government, to be influenced by fear, favor or hope of reward, but in all things pertaining to my said office I will govern by what, in my judgment, is for the public good and the best interest of the town. The town treasurer shall take oath of office hereinafter prescribed. Official oath SEC. 12. Be it further enacted, That in case the mayor or any member of the council, while in office, shall be guilty of any wilful neglect, malpractice or abuse of power confided to him, he shall be subject to indictment therefor in the superior court of the county of Washington, and on conviction shall be fined in a sum not to exceed one hundred dollars, which said fine shall be paid to the town treasurer for the use of the town of Harrison, and he shall moreover be removed from office upon conviction. Malpractice. SEC. 13. Be it further enacted, That no person shall be eligible as mayor or alderman or clerk and treasurer of Harrison unless such person is a qualified voter of said town at the time of his election to such office. Qualifications of officers.

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SEC. 14. Be it further enacted, That the mayor shall receive such salary as shall be fixed by the board of aldermen of the town of Harrison; he shall be allowed to vote in the election of all municipal officers chosen by the council; he shall preside at all meetings of the town council, but shall have no vote on legislative questions before the body, except in the case of a tie; he shall have the veto power and shall veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four aldermen on a yea or nay vote, duly recorded in the minutes of the town council; but unless he shall file in writing with the clerk of council his veto of any measure passed by that body, with reasons which impel him to withhold his assent, within four days of its passage, the same shall become a law just as if affirmed and signed by said mayor. The mayor shall preside over the police court hereinafter provided for, and shall have the power to punish for contempt, both before the town council and said police court, by any fine not to exceed twenty dollars, or by imprisonment in the said guardhouse not exceeding forty-eight hours, either or both, or in the alternative, in the discretion of said mayor. It shall be the duty of the said mayor to preserve the peace, and he shall be ex-officio a justice of the peace so far as to enable him to issue any try warrants for criminal offenses committed within the jurisdiction of the town of Harrison. The mayor of Harrison shall be exofficio chief executive officer of said town, and to him the police officers and all town employees, under the jurisdiction of the mayor and council, shall be directly and immediately subject. SEC. 15. At its first regular meeting upon organization, the board of aldermen shall elect one of their number mayor pro tempore, and in case of resignation, death, removal, disability or disqualification of the mayor, the mayor pro tempore so elected shall, upon taking the oath as mayor, serve as mayor, with all the rights, powers and duties of the mayor in all respects. If the services of the mayor pro tem. shall continue as long as thirty days, he shall be compensated at the same rate and in the same manner as the mayor is paid, and such compensation shall be deducted from the salary of the mayor, unless said mayor's disqualification was from providential cause. Mayor pro tem. SEC. 16. Be it further enacted, That the legislative body of the town of Harrison shall consist of five aldermen, who shall be elected at the same time, and for the same term as the mayor. The disqualifications of the aldermen shall be the same as those

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[Illegible Text] the mayor, and they shall receive no salary for their work except that they, as well as all town officers, shall be exempt from street tax. Aldermen. SEC. 17. Be it further enacted, That at its first meeting the mayor and council shall elect a clerk and treasurer; his qualifications shall be the same as those of the mayor; he shall take such cath of office required by the mayor and council, with good and sufficient security, to be approved by the mayor and council, for the faithful performance of his duties; he shall be clerical officer of the council and his duties shall be such as shall be prescribed by the ordinances of the town and by the mayor and the council; his compensation shall be fifty dollars per year, payable monthly, besides such fees as may be prescribed by the ordinances of said town. Clerk and treasurer. SEC. 18. Be it further enacted, That at its first meeting the mayor and council may elect a city attorney, whose term of office shall be two years, whose duties shall be such as are required by the ordinances of the town by the direction of the mayor and council. The attorney shall be paid such compensation as may be agreed upon by himself and the mayor and council; whenever, in the judgment of the mayor and council, it shall become necessary to employ additional counsel to assist the said attorney, authority to do so is hereby conferred upon said mayor and council. City attorney. SEC. 19. The mayor and council shall have authority to elect a town sexton, to have the superintendence of, and care of, the town cemeteries, whose duties shall be prescribed by the mayor and council, and by the ordinances of the town; he shall receive for each interment such fees as may be fixed, and he shall receive such compensation as may be prescribed by the ordinances of the said town and by the mayor and council. Sexton. SEC. 20. Be it further enacted, That the mayor and council shall have authority to elect a town physician, whose duties shall be such as are required of him by the ordinances of said town and by the mayor and council, and whose compensation shall be fixed by the ordinances of the town and by the mayor and council. Physician. SEC. 21. Be it further enacted, That the mayor and council shall have power to elect three persons as a board of health, and the chairman of the sanitary committee of the said council shall be ex-officio chairman of the board of health. The duties, powers and compensation of the said board of health shall be

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such as are fixed and prescribed in the ordinances and by-laws of the said town of Harrison. Board of health. SEC. 22. Be it further enacted, That at its first regular meeting, the mayor and council shall elect the marshal, who shall be ex-officio chief of police, one assistant, and as many additional policeman as, in the judgment of said mayor and council, may seem proper and necessary. Such officers shall be elected for a term of one year; shall be paid such compensation as may seem proper to the mayor and council; shall give bond, with good and sufficient security, to be approved by the mayor and council, in such amount as may be determined upon by the mayor and council for the faithful performance of their duties, and shall perform such duties as may be required of them by the ordinances of said town and by the mayor and council. Their fees shall be as are prescribed by the ordinances of said town and by the mayor and council. The mayor and council of said town have the right at any time, without trial, to suspend or remove any of said officers for breach of duty or failure to perform duty or incapacity, and the mayor at any time during the recess of council, to suspend any of said officers for breach or neglect of duty for a period not to exceed ten days, without pay, and appoint a substitute therefor. Marshal and policemen. SEC. 23. Be it further enacted, That the mayor and council of said town shall be empowered to employ such additional police or detective force as the good government of the town may require. The compensation and duties of said force shall be determined and fixed by said mayor and council. Detectives SEC. 24. Be it further enacted, That the mayor and council shall have the power to organize a mayor's court, and the mayor or acting mayor shall preside therein and hold daily sessions, or as often as may be necessary to clear the guard-house. He shall have cognizance of all violations of town ordinances, and may punish all violations of said ordinances by any fine not to exceed five hundred dollars, by imprisonment in the county jail of Washington county, or in the guard-house of Harrison for any term not to exceed ninety days in the changing of Washington county, upon the public works of said county or by compulsory work at such other places as the mayor may direct, any and all of the above punishments to be inflicted in the discretion of the mayor or acting mayor and said mayor or acting mayor shall have authority to impose any of the above punishments in the alternative. Mayor's court. SEC. 25. Be it further enacted, That the mayor shall have

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

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with the authorities of Washington county for the hire of city convicts. Prison SEC. 29. Be it further enacted, That the marshal or any policeman of said town shall release any person arrested for a violation of ordinances of said town upon said person giving bond, to be approved by the mayor or acting mayor of said town, conditioned to pay to the town of Harrison an amount fixed by the mayor or acting mayor of said town. In the event such person arrested does not appear before the corporate authorities of the town at the time and place specified in the bond, and from time to time until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in the bond, said bond may be forfeited before the mayor's court of said town of Harrison. And the mayor and council shall have authority to compel the attendance of witnesses, whether residents of said town or not, by imprisonment, if necessary, and to take bonds to secure their attendance, and to forfeit such bond before the mayor's court, and to pass ordinances to carry this provision into effect. Appearance bonds. SEC. 30. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said town, and by ordinance provide for the abatement of the same; the mayor's court of said town of Harrison shall have concurrent jurisdiction with the mayor and council of said town in respect to the trial and abatement of all nuisances in said town. Nuisances. SEC. 31. Be it further enacted, That the mayor and council of the said town of Harrison shall have power to take up and impound any horses, mules, cattle or hogs running at large within the limits of said town, and to pass such ordinances as may be deemed by them necessary for the regulation of stock within said town; also to levy such taxes as may seem proper to them upon dogs. Stock law. SEC. 32. Be it further enacted, That the mayor and council shall have the power to require every male inhabitant in said town, who by the laws of the State is subject to work on the public roads, to work such length of time on the streets of said town as the mayor and council may by ordinance direct, in no case to exceed fifteen days in one year. Said persons so subject to street work shall have the right to relieve themselves of said work by paying commutation tax, which said mayor and council shall fix by ordinance, and which tax shall in no event exceed three dollars per annum, said street work to be done and [Illegible Text] tax to be paid at such times as said mayor and council

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may by ordinance direct. Any person subject to work or pay said tax, and failing to do so after being promptly notified, may be punished in the mayor's court as the mayor and council may by ordinance prescribe. Street work or commutation tax. SEC. 33. Be it further enacted, That said mayor and council may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said town, and to enlarge, change and modify its limits from time to time, to prescribe when, how and of what material buildings in said limits may be erected, how thick the walls must be, how the chimneys, stovepipes and flues are to be constructed, and generally to do all things such as they may deem necessary in order to protect said town as far as possible from danger from fire, and to prevent the spread of fire from one building to another. They shall also have authority to order any changes in the construction or arrangements of buildings, chimneys, stovepipes or flues, or to order the removal thereof, when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such change or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said town, said mayor and council may order such buildings removed or altered, and if such person, firm or corporation, shall not remove or alter such buildings after notice to do so, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. Fire limits SEC. 34. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full and complete control of the streets and sidewalks, alleys and squares of town, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading, or in any way changing the street line and sidewalks of said town; and when the mayor and council of said town shall desire to exercise the power and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands of the owners or a trustee, executor, administrator, guardian or agent in the manner provided by sections 4657 and 4686 of volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof. The mayor and council shall have full power to remove

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or cause to be removed any buildings, steps, fences, gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or other public places in said town, and to enforce the provisions of this section by appropriate ordinances. Streets, etc SEC. 35. Be it further enacted, That the mayor and council of said town shall have full power and authority to pass all laws and ordinances concerning the draining and proper maintenance and care of streets, alleys and sidewalks and other public places of said town; to provide for the paving of the same or any part thereof, whenever in their judgment the same becomes necessary, and to provide how said paving, whether by said town or whether by the adjacent landlords, or by both. Drainage. SEC. 36. Be it further enacted, That the mayor and council shall have full authority and power to tax and grant licenses to persons keeping markets in said town; also to tax and license theaters, shows, exhibition and fairs of all kinds, as well as itinerant dealers of all kinds. Specific taxes. SEC. 37. Be it further enacted, That the mayor and council shall not have the power and authority to license or to authorize persons to sell intoxicating liquors of any kind, but may punish by ordinance the sale of any patent medicine which, drunk to excess, will produce intoxication, and may also punish any person keeping or storing within the corporate limits intoxicating liquors for the purpose of illegal sale. Sale of liquor. SEC. 38. Be it further enacted, That said mayor and council shall have full power and authority to require any person, firm or corporation, whether a resident or non-resident of the town of Harrison, engaged in or carrying on, or who may engage in or carry on any trade, business, vocation or profession within the incorporate limits of said town, either by themselves or by their agent or agents, to register their names and business calling, vocation or profession annually, and to require such persons, firm or corporation to pay for such registration and for such license to prosecute, carry on or engage in business as mayor and council may by ordinance require. Said mayor and council may by ordinance provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the special tax and to register, who shall engage in or offer or attempt to engage in such business calling or profession, without first complying in all respects with the town ordinance in reference thereto. Specific taxes. SEC. 39. Be it further enacted, That the mayor and council

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are hereby given authority to pass such ordinances as may be necessary and proper in order to carry the foregoing section into effect. They are also empowered to classify business and to arrange the various business trades and professions carried on in said town into such classes of subjects for taxation as they may deem just and proper. Classification of business. SEC. 40. Be it further enacted, That the mayor and council of Harrison shall have the power to levy and collect a tax annuually of not exceeding one and one-fourth per cent, upon all and every species of property, both real and personal, within the limits of the town of Harrison, including bonds, notes, debts, choses in action, money employed in banking and otherwise. Ad valorem tax. SEC. 41. Be it further enacted, That said mayor and council shall at their first meeting in January each year elect three intelligent, discreet and upright persons, citizens and qualified voters in said town, and owners of real estate therein, as city tax-assessors, whose term of office shall be one year. Said city assessors shall at any time be removed from office by the mayor and councilmen for good and sufficient cause, to be judged by said mayor and council, and all vacancies occurring from any cause may be filled by said mayor and council at any time. It shall be the duty of said tax-assessors to assess and value real estate in said town for the purpose of taxation of said town, and it shall be their duty to examine the tax returns placed before them by the officers receiving same, and increase the valuation of personal property thereof when in their judgment the value placed thereon is too small. The mayor and council shall have authority to prescribe rules for the government of the said city tax-assessors; said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. If the taxpayer is dissatisfied with the assessment made of his property, either real or personal, by said assessors, such taxpayer shall, within ten days after the assessors have made their returns to the mayor and council, file a written notice with the clerk of his dissatisfaction, and shall name in his notice one arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk it shall be his duty to notify the mayor of the fact, and it shall be the duty of the mayor to forthwith name arbitrator to represent said town in fixing the value of the property in dispute, and the two arbitrators so selected shall be immediately notified

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by the city clerk, and shall forthwith select an umpire; and the board of arbitrators so constituted shall immediately proceed to give their award as to the value of such property, which award shall be returned to the city clerk, and shall be final on both the city and the taxpayer. The assessors shall take oaths and shall receive such compensation as the mayor and council shall prescribe. They shall have the power to require any taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments whenever in their opinion the same is necessary for a correct assessment, to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. The mayor and council shall have the power and authority to pass such ordinances as are required to effectuate this section. Tax assessors, etc. SEC. 42. Be it further enacted, That the mayor and council of said town shall have power and authority to provide by ordinance when the taxes of said town shall fall due, in what length of time the taxes shall be paid, when the executions shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due. Taxes, when payable. SEC. 43. Be it further enacted by the authority aforesaid, That executions for any and all taxes or licenses or demands of any sort due the town or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk of said town, signed by him, bear test in the name of the mayor, and be directed to the marshal of said town and his deputies, and to all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom said execution is issued or of certain property described in the execution, they make, by levy and sale the amount due on the execution, with all costs; the mayor and council shall by ordinance provide for the time and place of, the method of conducting, and all registrations governing the marshal's sales under said xecution. The sheriff's, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect executions issued by the town of Harrison as they levy and collect executions issued from the respective courts of which they are executive officers. Collection of taxes, etc. SEC. 44. Be it further enacted, That nothing in this act shall affect the present officers of the town of Harrison, or their fees or salaries, or the license and special taxes, or the tax rate fixed by the ordinances of the said town for the year 1907. Present officers and existing laws.

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SEC. 45. Be it further enacted, That authority to carry out and affectuate by ordinance each and every power granted to the town of Harrison in this Act is hereby expressly conferred on the mayor and council of said town; and said mayor and council shall have generally the power and authority to make and pass such rules, by-laws and ordinances as shall appear to them necessary or requisite for preserving or promoting the peace, dignity, health, good order and welfare of said town of Harrison. General powers. SEC. 46. Be it further enacted, That the mayor and council of said town shall have the right to elect such other municipal officers, besides those herein specified, as may to them seem necessary and proper, providing therefor when necessary, by ordinance, and in the same manner prescribing their duties and fixing their compensation. Municipal officers. 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 22, 1907. HAZLEHURST, CHARTER AMENDED. No. 294. An Act to amend an Act, entitled an Act incorporating the town of Hazlehurst, in the counties of Appling and Coffee, approved August 22d, 1891, changing the name of the town, conferring upon said town the right to have and maintain electric lights and water works and levy taxes for the maintenance thereof, to grade and pave streets and sidewalks of said city, and levy and assess taxes therefor, to confer additional powers upon the mayor and aldermen of said town, to provide for a water commission for said town, the manner of their election, term of office and compensation, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act, incorporating the town of Hazlehurst, in the counties of Appling and Coffee, approved August 22, 1891, be, and the same is, hereby amended as follows, to wit: Hazlehurst city of incorporated.

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SECTION 1. Be it enacted, That from and after the passage of this Act, that section 1 of the charter of Hazlehurst be and the same is amended by striking all of said section beginning with the word that after the word same, in the third line of said section, and substituting in lieu thereof the following: The city of Hazlehurst in the county of Jeff Davis in said State be, and the same is, incorporated as a city under the name of the city of Hazlehurst, with limits extending one mile in all directions, from the depot of the Southern Railway Company located in said city of Hazlehurst, so that said section when amended shall read as follows: Corporate limits. 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 Hazlehurst in the county of Jeff Davis, in said State, be and the same is incorporated as a city under the name of the city of Hazlehurst with limits extending one mile in all directions from the depot of the Southern Railway Company located in the said city of Hazlehurst. SEC. 2. Be it further enacted, That section 2 of said charter be and the same is amended by striking from the second and fourth lines thereof the words town and substituting therefor the word city so that said section when amended shall read as follows: Be it further enacted that the government of said city shall be vested in a mayor and seven aldermen who are hereby constituted a body corporate under the name and style of the mayor and aldermen of the city of Hazlehurst, and by that name and style shall have perpetual succession, and by said name shall be capable of suing and being sued, pleading and being impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors for the sole use and benefit of the city of Hazlehurst, any real or personal property and to sell or lease the same in any way. Mayor and aldermen, powers, etc SEC. 3. Be it further enacted, That the third section of said charter be amended by striking from the third, second and ninth lines the word town and substituting in lieu thereof the word city, and by striking from the third line the word January and inserting in lieu thereof the word May, so that said section when amended shall read as follows: Be it further enacted, That the mayor and aldermen of said city shall be elected annually on the first Saturday in May by registered voters of said city. Their term of office shall be one year or until

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their successors are elected and qualified. Should the term for the annual election pass without its being held, the mayor and aldermen may order an election, giving ten days' notice of the same. Said election to be conducted by three freeholders of said city in all respects as elections for members of the General Assembly are held. Mayor and aldermen, election. SEC. 4. Be it further enacted, That section 4 of said charter be amended as follows: By striking from the fifth line of said section the word town and substituting therefor the word city, so that said section when amended shall read as follows: Be it further enacted, That before entering upon the duties of their office they shall take and subscribe the following oath: `I do solemnly swear that I will faithfully perform the duties incumbent upon me as mayor (or aldermen), of the city of Hazlehurst, to the best of my ability; so help me God.' Official oath. SEC. 5. Be it further enacted, That section 6 of said charter be amended by striking from the fourth line thereof the word town, and substituting therefor the word city, so that said section when amended shall read as follows: Be it further enacted that the said mayor and aldermen shall have power to pass and make all ordinances, by-laws, rules and regulations necessary for the good government and peace, order and health of said city, and all the power herein granted; provided, they are not repugnant to the Constitution and laws of this State or of the United States. General powers. SEC. 6. Be it further enacted, That section 7 of said charter be amended by striking from the second, fourth and eighth lines of said section the word town, and substituting the word city therefor, so that said section when amended shall read as follows: Be it further enacted, That the mayor shall be the chief executive officer of the said city, that he shall have jurisdiction to try all persons charged with the violation of any of the ordinances, rules or regulations of said city and upon conviction to punish such persons by fine not exceeding one hundred dollars, and not less than one dollar, or imprisonment not exceeding thirty days, or work upon the streets of said city not exceeding sixty days. Any or all of said punishments may be inflicted in the discretion of said mayor or person acting as mayor in the trial of persons charged with the violation of the ordinances, rules and regulations of said city. Mayor, executive powers. SEC. 7. Be it further enacted, That section 11 of said charter be amended by striking from the third line thereof the figures [frac38], and substituting therefor the figures 1, and by

Page 716

striking from the fourth line of said section the word town, and substituting therefor the word city, so that said section when amended shall read as follows: Be it further enacted, That said mayor and aldermen shall have power to levy and collect a tax not exceeding 1 of 1 per cent. upon all of the property subject to State and county taxes within the limits of said city for the support and maintenance of said corporation. They are also empowered to levy and collect a tax in like manner not to exceed 8-10 of 1 per cent. for the support of a common public school system, and which they are hereby authorized to establish and maintain upon such plans and under such regulations as they may deem best. Ad valorem tax. SEC. 8. Be it further enacted, That section 13 of said charter shall be amended by striking from the fourth and ninth lines thereof the word town, and substituting therefor the word city, so that said section when amended shall read as follows: Be it further enacted, That the said mayor and aldermen shall have power to levy a special tax and license upon any and all places of business of any kind, and all professions and occupations carried on in said city, upon all shows, exhibitions, and performances, billiards and other tables for playing at games and all establishments of like character. They shall have power to grant licenses, fix and regulate the sale of spirituous or malt liquors within the corporate limits of said city; provided, that the fee for license to sell spirituous or malt liquors shall not be less than two thousand dollars per annum. Any person doing a business for which a license is required without first paying for and procuring the same shall be punished as prescribed in section 7 of this Act. Specific taxes. SEC. 9. Be it further enacted, That section 15 of said charter shall be amended by striking from the fourth line thereof the word town, and substituting therefor the word city, so that said section when amended shall read as follows: Be it further enacted, That the said mayor and aldermen shall have power to compel all persons subject to road duties under the general road laws of the State, residing in the incorporated limits of said city to work the streets fifteen days in each year, and in default shall have power to fine or otherwise punish defaulters in full and like manner as commissioners of public roads have the power to do; provided, that the mayor and aldermen may fix a commutation fee annually or for a shorter time, which will exempt the party paying same as they stipulate from work upon the streets for the time specified. Street work or commutation tax.

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SEC. 10. Be it further enacted, That section 16 of said charter be amended by striking from the third line thereof the word town, and substituting therefor the word city. SEC. 11. Be it further enacted, That section 17 of said charter be, and the same is, hereby repealed, stricken from said charter. SEC. 12. Be it further enacted, That section 18 of said charter be, and the same is, hereby amended by striking from the second and eleventh lines thereof the word town, and substituting therefor the word city. SEC. 13. Be it further enacted, That the mayor and aldermen of said city shall have power to establish, equip and maintain a system of waterworks for said city and also an electric-light plant, to pass all necessary ordinances, rules and regulations to govern and control and regulate such system of waterworks and electric-light plant, shall have power to levy and collect taxes for the maintenance thereof and shall have the power, right and authority to apply two-fifths of the general tax levy heretofore provided for to the support and maintenance and equipment of such water system or electric-light plant or either of them as they may see proper; shall have full power and authority to issue bonds in terms of the law for the erection of a water system and electric light-plant, and for the purpose of installing the same and putting it in operation, and for school purposes, including erection of all proper buildings. Light and water. SEC. 14. Be it further enacted, That such system of waterworks for said city shall be under the direction of and shall be controlled, managed, maintained, equipped and installed and set up under the supervision of a water commission to be elected by the mayor and aldermen of said city, and to be composed of three members, one elected for one year, one elected for two years, and one elected for three years, each to hold his office until his successor shall have been elected and qualified. They shall take and subscribe a like obligation to that of the mayor and aldermen and after the first election one member of said water commission shall be elected each year for a term of three years by the mayor and aldermen. The first election of water commissioners herein provided for shall be made by the mayor and aldermen at the first regular meeting of the city council of said city in the month of September, 1907, and on and after said first election, all regular elections for water commissioners of said city shall be made on the day of the qualification of the mayor and aldermen after the regular election of said mayor and aldermen on the first Saturday in May in each year. Water commissioners

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SEC. 15. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to pass all necessary ordinances for the regulation, management and control of said water system, to fix fees for plumbing, to regulate the price per month or by meter to be paid by the customers for water, and regulate all other matters and things coming up from time to time in connection with said water system. Control of water-works. SEC. 16. Be it further enacted, That said mayor and aldermen shall have full power and authority to lay out, grade, drain and pave the streets and sidewalks of said city and levy assessments and taxes against property owners for their proportionate part of the expenses of such grading, paving and draining the streets and sidewalks of said city, and to appropriate from the general funds of said city any amounts necessary for this purpose; provided also, that a sufficiency of the general funds shall always be left in the treasury to meet the current general expenses of said city. Street improvements SEC. 17. Be it further enacted, That said mayor and aldermen shall have full power and authority to dig ditches, canals, lay sewer pipes and build bridges and do all necessary things in and about the draining of said city and placing it in a sanitary condition, and pay for the same out of the general fund of said city, or by the issuance of bonds therefor in terms of the law in such cases made and provided. Drainage. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. HILLSBORO, CHARTER AMENDED. No. 164. An Act to amend an Act entitled an Act to incorporate the town of Hillsboro, in the county of Jasper, and for other purposes, approved November 13, 1889, so as to amend section 6 of said Act by striking therefrom the words, three-tenths of one per cent, and inserting in lieu thereof the words five-tenths of one per cent.; to provide for the appointment of tax-assessors for said town of Hillsboro, prescribe their qualifications, compensation, duties and powers; to provide

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that the punishment of violators of the municipal ordinances of said town may be by fine not exceeding $50.00, imprisonment not to exceed sixty days or by work upon the streets of said town not exceeding sixty days, any one or more of said punishments in the discretion of the trial court; to confer upon the corporate authorities of said town the right of eminent domain and the authority to widen, extend, straighten or abolish any street, alley or laneway in said town and to open, lay out and establish any new street, alley, laneway or walk and condemn private property for such purposes; and to further increase, extend and define the powers of said corporation. SECTION 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 town of Hillsboro, in the county of Jasper, and for other purposes, approved November 13, 1889, be, and the same is, hereby amended by striking from said section the words three-tenths of one per cent. and inserting in lieu thereof the words five-tenths of one per cent., so that said section when so amended shall read as follows: Sec. 6. Be it further enacted. That section six (6) of an Act entitled an Act to incorporate to levy and collect a tax of not exceeding five-tenths of one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within the corporate limits of said town, who are subject to road duty, to work on the streets of said town, or they may subscribe a commutation tax in lieu of working on the streets. Hillsboro. Ad valorem and street tax. SEC. 2. Be it further enacted, That said Act be further amended by striking therefrom the whole of section eight (8) and inserting in lieu thereof the following: Sec. 8. Be it further enacted, That the mayor, or in his absence, disqualification or failure to act, any three of said councilmen, are authorized to try and punish any person charged with violation of any ordinance of said town and to punish persons proven guilty of such violation by a fine not exceeding $50.00, imprisonment not to exceed sixty days or by work upon the streets of said town not exceeding sixty days, any one or more of said punishments in the discretion of the trial court. Police court SEC. 3. Be it further enacted, That said council of said town

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shall at their first regular meeting in January of each and every year, elect three upright, intelligent and discreet persons, who shall be freeholders and residents of said town, as tax-assessors for said town, who shall hold office for one year and until their successors are elected and qualified. It shall be the duty of said tax-assessors to assess the taxable real estate of said town, and receive the returns of personal property under oath of the tax-payer, and perform such other service as the said town council may by ordinance require to be performed in connection with said offices. It shall be the duty of said tax-assessors to place a just, fair and equitable valuation on all real estate within the incorporate limits of said town, and when the owner of personal property fails to return same for taxation, it shall be their duty to place a just, fair and equitable valuation on same and enter a note of said double valuation for the information of the town council. The tax-assessors shall give notice by posting same at three public places in the town of Hillsboro, of the time when they will begin receiving tax returns, and the time when the books for receiving same shall be closed, which said times shall be fixed by the town council. In no event shall the books for receiving same be kept open for less than ten days. Should any vacancy happen in said board of assessors by death, resignation, refusal to perform the duties of the office, removal therefrom, or otherwise, such vacancy shall be immediately filled by the town council. Before entering upon the duties of the office, each of said assessors shall take and subscribe before some officer authorized to administer oaths by the laws of this State, the following oath of office: I do solemnly swear that I will faithfully perform the duties of tax-assessor of the town of Hillsboro, and will make a just and true valuation of all property subject to taxation in said town, according to its actual market value; so help me God. Two of said assessors shall constitute a quorum for the transaction of business and any one of said assessors may administer the oath to be made by the taxpayer in his returns of personal property for taxation. Said tax-assessors shall receive such compensation as may be prescribed by the town council. Tax assessors, etc. SEC. 4. Be it further enacted, That if any person be dissatisfied with the valuation of his property as fixed by said assessors he shall have the right to appeal to the town council. Said appeal shall be entered within four days from the date

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upon which the written or printed notice hereinafter provided has been mailed by the mayor. Upon filing said appeal with the mayor of said town, it shall be the duty of the mayor to fix a day upon which a hearing shall be had and to give the appellant three days' notice in writing of said hearing. Notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing said town council shall hear all reasonable and competent evidence, pass upon same and render their decision accordingly, and from this decision there shall be no appeal. Appeals from assessments. SEC. 5. Be it further enacted, That in the event the said assessors are not satisfied with the return of personal property for taxation made by any taxpayer they shall transmit said return to the town council, noting thereon or annexed thereto, the grounds of their dissatisfaction and upon the filing of this return with the mayor 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 hearing. Notice to the agent or attorney-at-law of said taxpayer shall be sufficient. At said hearing said town council shall hear all legal and competent evidence and render their decision assessing and fixing the valuation of said personal property and from that decision there shall be no appeal. Tax returns of personal property. SEC. 6. Be it further enacted, That immediately after said assessors have finished assessing the value of the taxable real estate of said town and receiving the returns of personal property, they shall file a report of their actions with the mayor of said town and immediately after such report is filed it shall be the duty of said mayor to mail a written or printed notice to every person, setting out the valuation of his taxable real estate in said town, as assessed by the assessors, specifying as nearly as practicable the valuation assessed for each tract or parcel of land. All returns of personal property under oath shall as fast as made be transmitted by said assessors to the mayor of said town and it shall be his duty to prepare a tax digest, which shall contain the valuation of the taxable property, both real and personal, as the same has been determined under the provisions herein contained; noting upon said digest the property double taxed. The town council may by ordinance fix the time when said digest is to be completed by said mayor, and said town council may upon proper cause relieve any taxpayer of the double taxation entered against him. Tax digest.

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SEC. 7. Be it further enacted, That the town council of said town shall have the right to condemn and appropriate private property for public use; and the authority to widen, extend, straighten or abolish any street, alley or laneway in said town and to open, lay out and establish any new street, alley, laneway or walk and condemn private property for such purposes and when the said town council shall desire to exercise the power and authority granted in this section, it may be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, in the manner provided by sections 4657, 4685, inclusive, of volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof. The town council of said town shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, posts, or other obstructions or nuisance in the public streets, lanes, alleys, sidewalks, or other public places in said town and to enforce the provisions of this section by appropriate ordinances. Streets, etc SEC. 8. Be it further enacted, That said town council shall have the power and authority to appoint such marshals, clerk and treasurer as they may deem necessary and shall prescribe the compensation of such subordinate officers, and require such bonds for a faithful performance of their respective duties as they may deem proper. They shall have the power to remove such officers from office at pleasure. Municipal officers. SEC. 9. Be it further enacted, That the said town council shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding-houses, restaurants, saloons for the sale of cream, ices, etc., livery-stables, feed-stables, sale-stables, hacks, drays and other vehicles, auctioneers, vendue masters, itinerant traders, theaters and theatrical performances, shows, circuses, and exhibitions of all kinds, oil mills, itinerant lightning-rod dealers, emigrant agents, book agents, peddlers of stoves, clocks, machines, or any kind of article of merchandise whatsoever, itinerant venders of any and all kinds of goods and merchandise, 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 place for the performance of any game or play, whether played with sticks, balls, rings, or other contrivances, upon balloons, bicycles or skating rinks, insurance agent, life, fire, accident or other insurance companies, loan agents, barber-shops and upon all and every other establishment, business, trade, calling, or occupation,

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not heretofore mentioned and which under the law of the State of Georgia are subject to license. Licenses. SEC. 10. Be it further enacted, That said town council shall have power and authority 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, and for any and all levies, assessments, fines, debts or demands, due, or to become due to said town. Said executions to be issued by the mayor of said town, signed by him and directed to the town marshal of the town of Hillsboro and to all and singular the sheriffs, the deputy sheriffs and constables of this State, by any one of whom the same may be executed, and who are authorized to levy the same upon the property against which it is issued or on the property of the owner against whom said execution shall issue and the same to be sold as is provided by the Code of the State of Georgia, 1895, sections 732, 733, 734, 735, in cases of sales for taxes. Collection of taxes, etc. 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 22, 1907. HOMERVILLE, NEW CHARTER. No. 247. An Act to repeal an Act incorporating the town of Homerville, in the county of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide a new charter for said town, and for the election of a mayor and councilmen, to prescribe their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act approved December 23, 1896, incorporating the town of Homerville, in the county of Clinch, in said State, and the several Acts amendatory thereof be, and the same are, hereby repealed, and that in lieu thereof the following shall be the charter for the town of Homerville: Homerville, new charter for.

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SEC. 2. Be it further enacted, That the municipal government of the town of Homerville, in the county of Clinch, shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the mayor and councilmen of the town of Homerville, and by that name and style shall have perpetual succession, and shall in said name be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain to them and their successors for the use and benefit of said town, any estate or estates, real or personal, of whatever kind or name within the limits of said town, and to sell, alien, exchange, lease or convey the same or any part thereof, and do all other acts relating to their corporate capacity consistent with the Constitution and laws of said State. Mayor and councilmen SEC. 3. Be it further enacted, That the corporate limits of said town of Homerville shall extend three-fourths of a mile in every direction from the court-house in said town. Corporate limits. SEC. 4. Be it further enacted by the authorities aforesaid, That S. L. Drawdy be, and he is, hereby appointed mayor of said town, and John T. Dame, S. A. Sweat, W. T. Dickerson and W. A. Ecord be, and they are, hereby appointed councilmen of said town to hold their office till the first election of mayor and councilmen of said town on the first Tuesday in January, 1908, and 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 January, 1908, and annually thereafter an election for a mayor and four councilmen shall be held who shall hold their office for one year and until their successors are elected and qualified, and the polls of said election shall be opened at nine o'clock in the forenoon and closed at two in the afternoon; said election shall be held under the superintendence of the justice of the peace or notary public of the militia district in which said town is situated, or either of them together with two freeholders of said town, to be chosen by the justice or notary so superintending; and each of said managers, before entering upon his duties, shall take an oath or affirmation before some justice or notary that he will faithfully and impartially conduct said election and prevent all illegal voting to the best of his skill and power, and in case the said managers of said election shall have any reasonable doubt as to the qualification of any voter they shall have power to administer the following oath: You, `A. B.,' do solemnly swear that you have attained

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the age of twenty-one years, that you are a citizen of the United States, and have resided for the last thirty days within the limits of said corporation and have paid all taxes legally imposed and demanded of you by the council or its authority; so help you God. And any person who shall take either of said oaths falsely shall be liable to indictment and punished as by section 1039 in the Criminal Code of 1895. Mayor and councilmen appointed. Election of successors. SEC. 5. Be it further enacted, That the person or persons receiving the highest number of votes at an election for mayor and aldermen respectively, shall be declared duly elected. Vote required to elect. SEC. 6. Be it further enacted, That all male citizens qualified to vote for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of the town, and shall have resided thirty days within the limits of the corporation, and no other persons, shall be qualified to vote at any election for officers of said town. Voters. SEC. 7. Be it further enacted, That in case of a vacancy in any of the offices an election, as prescribed in the preceding section, may be held after ten days' written notice is given by the person or persons highest in authority in said council, and the person or persons elected at an election to fill a vacancy shall hold till their successors are elected and qualified. Vacancies SEC. 8. Be it further enacted, That two tally sheets shall be made out and certified by the managers, one to be turned over to the mayor and the other to be retained by them. The persons elected shall be notified of their election by the managers, and they shall, on the following Thursday next after the election (or as soon thereafter as may be practicable), take the oath of office before some person authorized to administer it, which shall be in writing and in the book of minutes of the council, which oath shall be as follows: I, A. B., do solemnly swear or affirm that I will well and truly perform the duties of mayor or alderman of the town of Homerville by adopting such measures as in my judgment will be the best calculated to promote the general welfare of the inhabitants of said town, and not violative of the spirit and intent of its Act of incorporation; so help me God. They shall then forthwith enter upon their duties. Official oath. SEC. 9. Be it further enacted by the authorities aforesaid, That at the first meeting of said mayor and council they shall appoint one of their number as mayor pro tem., who shall have authority to discharge all of the duties of mayor, whenever from the sickness, absence, or any other cause the mayor is disqualified or unable to act. Mayor pro tem.

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SEC. 10. Be it further enacted, That the council shall elect a clerk and treasurer for said town and the council thereof, which may be of their own number or from other citizens of said town. They shall have power to fix their compensation; provided, that the pay of the treasurer shall not exceed more than five per cent. of the receipts and disbursements of the funds for said corporation, and that the clerk shall not receive more than fifteen per cent. per hundred words for his services. Clerk and treasurer. SEC. 11. Be it further enacted, That the council shall have power, and it shall be their duty, to require bonds of the marshal and treasurer for a strict performance of their duties; to fix the amount of such bonds and approve same. Bonds of marshal and treasurer. SEC. 12. Be it further enacted, That said mayor and council shall have full power and authority to value, assess, levy and collect such taxes, not exceeding one-half of one per cent. upon all and every species of property, both real and personal, within the limits of said town, except church and school property, at its market value, once in each year, and the time of collecting and assessing same shall be fixed by ordinance of the council; also to levy and collect such special tax on trade, businesses, 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 council may prescribe such rules and regulations, and impose such penalties for a violation of the same as they may deem necessary not inconsistent with the Constitution and laws of the State; and the mayor of said town is hereby vested with authority to issue executions for such fines and as may become collectable in said town, and the marshal proceed to collect the same by levy and sale, in case of levy on personal property after ten days' advertisement at the court-house door in said town and in case of levy on real estate by return to the sheriff of Clinch county, who shall advertise and sell in the same manner as prescribed by State law for levies made on real estate and returned by constables. Taxation. SEC. 13. Be it further enacted, That the mayor and council shall have power and authority to open, change or abolish streets in said town as the public interest may require, and shall keep in good order the streets and sidewalks of said town, and may

Page 727

require and compel all persons residing in said town, who may be subject by law to road duty, to work on the streets and sidewalks of said town not to exceed five days in each year, but may receive in lieu thereof a commutation fee from such persons not to exceed three dollars per year, and the mayor of said town shall have the same power and authority to punish defaulters as the road commissioners of this State now have or may hereafter have; provided, no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform street duty after being returned as such defaulter without the consent of the mayor. Street work or commutation tax. SEC. 14. Be it further enacted, That said mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town, and securing and promoting the health of the inhabitants thereof, not repugnant to the Constitution and laws of the State. They may prohibit the running at large in said town and regulate the running at large of any horse, mule, cattle, hogs, dogs or animals or fowls, and prescribe penalties therefor; to protect places of divine worship, to provide places for the burial of the dead and to regulate interments therein; to make regulations to guard against danger or damage by fire; to abate nuisances; to protect the public health and to protect and promote the peace and good order of said town. Police powers SEC. 15. Be it further enacted, That the mayor shall hold a police court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of twenty-five dollars or imprisonment in the guard-house, or other place selected by mayor, or labor on the public streets or works of said town not to exceed thirty days and in addition thereto the cost of the proceeding; provided, however, that any party dissatisfied with the decision of the judgment of said mayor or mayor pro tem., may have his right of appeal to said councilmen according to the law of appeals, whose decision shall be final unless carried to superior court by certiorari. Police court It shall be the duty of said mayor or mayor pro tem. to act as the presiding officer of the council when in session and look after the promotion of the peace and good order of said town, and the enforcement of the by-laws and ordinances thereof. Mayor, duties, etc.

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SEC. 16. Be it further enacted, That council shall have power to fix their own salaries and that of the mayor, and the mayor's salary shall not exceed fifty dollars per annum, and the councilmen or aldermen's salaries shall not exceed twenty-five dollars per annum. SEC. 17. Be it further enacted by the authority aforesaid, That all deeds and other papers and books in the possession or control of the mayor or councilmen who heretofore held their offices under and by virtue of the old charter of said town of Homerville, which are or may be in their possession or control as such mayor and council, shall be turned over to the mayor and council appointed under this Act, and that the title to all property heretofore vested in the said mayor and councilmen as such mayor and councilmen shall vest immediately upon the passage of this Act in the new mayor and council named in this Act and their successors in office. Titles to municipal property. SEC. 18. Be it further enacted, That there shall be a marshal for said town of Homerville, and that he shall be elected by the council and shall receive such compensation as the council shall designate and fix. They may either arrange for his compensation at a salary which shall not exceed fifty dollars per month, or by fees which shall not exceed those that sheriffs receive for like services. Marshal. SEC. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. HULL, CHARTER AMENDED. No. 177. An Act to amend an Act entitled an Act to incorporate the town of Hull, partly in Clarke county and partly in the county of Madison, approved August 24, 1905. And an Act entitled an Act to amend said Act so as to reduce the corporate limits of said town one-half to one-fourth miles, to prohibit the sale of liquors therein, to change center, limit the salaries of mayor and council, to reduce the tax value, to limit the marshal's salary and to fix a basis of property values for taxation, and for other purposes, approved August 9, 1906, so as to increase

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the corporate limits of said town as follows: Beginning at a point on the present limits where the Seaboard Air Line railroad and R. H. Bullock's land line join on the south side and running thence along said Bullock's line to Hawks' line, thence along Hawks' line to C. J. Bridges' line, thence along Hawks' and Bridges' line to A. P. Ford's line, thence along Hawks' and Ford's line to corner of Mrs. W. H. Bullock's land, thence across Hawks' land to Wilkins' corner, near fish-pond on R. H. Bullock's line, thence along Bullock's and Wilkins' line to Cunningham's line on public road, thence down said road to creek, thence down creek to branch, thence up the branch to R. H. Bullock's line, thence along Bullock and Cunningham's line to corporate limits, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and is hereby enacted by the 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, and an Act entitled an Act amending said Act incorporating the town of Hull, approved August 9, 1906, be, and the same is, hereby amended in the following particulars: By striking from fourth and fifth lines of section 2 of said amended Act the following words: In every direction one-fourth of a mile from said center forming a circle, and inserting in lieu thereof the following: One-fourth of a mile from said center as now located, forming a circle from said center, except the circle is to be extended as follows: Beginning at a point on said limits where the Seaboard Air Line railroad and R. H. Bullock's land join on the south side and running thence along said Bullock's to Hawks' line, thence along Hawks' and Bullock's line to C. J. Bridges' line, thence along Hawks' and Bridges' line to A. P. Ford's, thence along Hawks' and Ford's line to corner of Mrs. W. H. Bullock, thence across Hawks' land to Wilkins' corner, near fish-pond on R. H. Bullock's line, thence along Bullock's and Wilkins' line to Cunningham's line on public road, thence down the road to the creek, thence down the creek to the branch, thence up branch to R. H. Bullock's line, thence along Bullock's and Cunningham's line to the present corporate limits, so that said section when so amended will read as follows: Hull, town of. SEC. 2. That the center of 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 Murray, and that said limits shall extend one-fourth of a mile from said center as now

Page 730

located, forming a circle from said center, except that the circle is to be extended as follows: Beginning at a point on the present limits where the Seaboard Air Line railroad and R. H. Bullock's land join on the south side and running thence along said Bullock's line to Hawks' line, thence along Hawks' and Bullock's line to C. J. Bridges' line, thence along Hawks' and Bridges' line to A. P. Ford's line, thence along Hawks' and Ford's line to corner of Mrs. W. H. Bullock's line, thence across Hawks' land to Wilkins' corner, near fish-pond on R. H. Bullock's land, thence along Bullock's and Wilkins' line to Cunningham's line on public road, thence down the road to the creek, thence down creek to branch, thence up branch to R. H. Bullock's line, thence along Bullock and Cunningham's line to present corporate limits. Also that section 15 of said Act be amended by striking out the figures 500.00 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 19 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 following: All persons dissatisfied with the value placed on their property by said mayor and council shall appear before said body after notice of said increase and submit proof as to the value of the property and the decision of the mayor and council after a full hearing shall be final. Corporate limits. Taxation. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. IDEAL, INCORPORATED. No. 189. An Act to incorporate the town of Ideal, in the county of Macon; to define its limits; to provide for a mayor and five councilmen and other officers of said town, and 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, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the town of Ideal, in the county of Macon, be, and the same is,

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hereby incorporated as a town under the name of the town of Ideal. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the town of Ideal they may sue and be sued, plead and be impleaded and exercise all other corporate powers that may be necessary in performing their duties. Ideal, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile in every direction from the public well in said town, except that on the north such limits shall not extend beyond Whitewater and Cedar creeks. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That W. H. Gardner be, and he is, hereby appointed mayor, and L. M. Farrar, D. E. Green, W. T. Harden, Charles Dibbert and W. B. Lockwood be, and they are, hereby appointed councilmen of said town of Ideal, to hold their offices until the first annual election as hereinafter provided, and until their successors are elected and 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 December, 1907, and annually thereafter, for a mayor and five councilmen, to serve for one year, and until their successors are elected and qualified; said election to be held in said town under the supervision of a justice of the peace, and two freeholders residents of said town, or under the supervision of three freeholders, all of whom shall be residents of said town. The polls shall be open by 9 o'clock a.m. and closed at 3 o'clock p.m., standard time. No one shall be entitled to vote in said election or any municipal election of 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 of said State, except that only two lists of voters and two tally sheets need be kept, and except also as hereinafter provided. Election of 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 books for registration of voters thirty days before each regular or special election for the registration of the qualified voters of said town, which book or books shall be kept open from 9 o'clock a.m. until 5 o'clock p.m., 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,

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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 of Georgia for the past twelve months, and in the county of Macon for the past six months; that you have paid all State, county and municipal 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 Ideal 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 the said oath and swear falsely in so doing, shall be guilty of false swearing and shall, on conviction thereof, be punished as prescribed by the statute in such cases made and provided. When said registration books shall have been closed as herein provided, by the said registrar, he shall turn the same immediately over to the mayor and council of the said city of Ideal, who shall purge the same of any illegal voters, or names of any illegal voters found thereon, first having given to each and every person whose name is suspected of being illegally on said registration list, two days' notice to appear before them at such time and place as they may designate, to show cause why his name should not be stricken from said list; such notice to specify the reason why his name is proposed to be stricken by said mayor and council. After the said list shall have been purged, the clerk shall furnish to the superintendent of said election at least one copy of the said voters list, alphabetically arranged, before the time for opening of the polls. No candidate for any town office shall be eligible as a superintendent 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 legally registered as a voter of said town; that the superintendents of such election shall declare those persons receiving the highest number of votes for mayor and councilmen duly elected, and furnish a certificate to that effect; shall return one tally sheet and list of voters with the ballots under seal, to the town clerk and the other tally sheet and list of voters to the ordinary of Macon county. The persons so elected must present themselves at the council chamber within ten days and take the oath before the outgoing mayor or any officer authorized by law to administer oaths, faithfully to discharge the duties

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of mayor and 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 payment of a fee of ten dollars ($10.00) 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 county is authorized to hear and determine the contest (with the right of certiorari to the superior court), the costs to be paid by the losing party. Election results and contests. SEC. 7. Be it further enacted by the authority aforesaid, That in case of vacancies in the office of mayor, the councilmen shall elect one of their own number for the unexpired term, and in case of vacancy in the board of councilmen, the remaining members 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 in case of vacancies in the office of mayor, the councilmen men be guilty of malpractice in office or any abuse of the powers confided to him, he shall be subject to indictment in the superior court of said county, and on conviction, shall be imprisoned not exceeding sixty days or pay a fine of 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, policemen and such other officers as they may deem necessary, and at any time to appoint any special police that may be deemed necessary, for the enforcement of the law and the maintenance of good order in said town; 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 powers and duties. Municipal officers. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor or any councilman who may be acting as mayor, shall be ex-officio a justice of the peace, and shall have

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full power and authority to issue warrants for the arrest of any person charged with the commission of an offense against the laws of the State within the limits of said town; to hear their testimony under oath as to guilt and 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. Police court SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to levy and collect a tax upon all and every species of property in said town; upon banking and insurance capital employed in said town; upon brokers and factors; upon each and every business, calling, trade and profession carried on in said town; to tax all theatrical performances, shows and exhibitions for gain; upon banks, insurance, telegraph, telephone and express agencies in said town, or of any profit in said town; to tax itinerant traders or peddlers; all venders of patent medicines, drugs, books, nostrums or devices of any kind; all facilities of canvassers selling goods, wares or merchandise by same 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-half of one per cent. for ordinary current expenses) shall be in the nature of a license which must be paid in advance of doing business or carrying on 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 same; to license and regulate all hotels, boarding-houses and restaurants; to prevent the erection and maintenance in said town of butcher-pens and slaughter-houses, tanyards, blacksmith-shops, sawmills, wood-working mills, grist-mills, ginneries, forges and chimneys, except by permission of said mayor and councilmen, and to cause the removal of any and all such establishments whenever they become dangerous to the health and welfare of the citizens, endanger the lives or property, or both, of others, or become nuisances; to cause all lots or premises to be thoroughly

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drained, and to this end may open ditches or drains at the expense of the owners thereof when they, after reasonable notice, fail to do so, said expense to be collected as town taxes are collected; to license and regulate drays, hacks, carts, wagons or other vehicles making a business of hauling for hire or gain, either directly or indirectly, any article or material of any kind within the limits of said town; to regulate, control and license all livery, feed and sales stables, pumps, wells, fire engines, hose and engine companies; to regulate the running of trains within the incorporate 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 and withhold license, as to them may seem best. Police powers. 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 deem best; and said mayor and councilmen shall have full power and authority to condemn private property for streets, lanes or alleys, and for laying sewer 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 obstruction in or on or over any street, alley or sidewalk, and to remove or cause to be removed any such encroachment, whether buildings, porches, steps, 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 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 to regulate the manner in which they must be kept if allowed to remain; shall have full authority to take up

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and impound any such animal or fowl, and to remove hogs from the town and punish all owners of such animals who refuse to obey any ordinance passed by said mayor and councilmen to carry this authority into effect. Stock law. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and councilmen are hereby authorized and empowered to pass all such ordinances, rules and regulations, as may seem to them necessary and proper to prevent the maintenance of any nuisance of any character whatever within said town, and to punish for any violation of such ordinances, rules or regulations by fine 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. And they are further authorized to suppress and prevent the maintenance of anything in said town of any character which would tend to debauch or corrupt the good morals of the town. Nuisances. 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 to elect a chief of police and such other officers and members of the police force as may seem to them necessary. The marshal of said town, and any member of said police force shall have power to arrest any 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 parties so arrested before the mayor or other officer authorized to issue warrants or accept bail, for examination or trial as soon as practicable. Police department. SEC. 18. Be it further enacted by the authority aforesaid, That for the purposes of raising revenues for the support and maintenance of said town government, said mayor and council shall have full power and authority, and shall provide by ordinance for assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said town (not exceeding one-half of one per cent. thereon), except for extraordinary purposes. Ad valorem tax. SEC. 19. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power to elect at the same time the other city officers are elected by them 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

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of the assessors to assess the value of the real estate within the corporate limits of said town. Said assessors shall make return 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, he or she may appeal to the mayor and council for a correction of said assessment within fifteen days after the assessor's returns have been completed and handed in as provided for in this section, and the judgment of the mayor and council shall be final as to the assessment. Tax assessors. SEC. 20. Be it further enacted by the authority aforesaid, That the said assessors, before they enter upon the discharge of their duties, shall take and subscribe an oath before the mayor, faithfully and truly to assess all the real estate within the corporate limits of said town, and to return such assessments to the mayor and council thereof, with the names of the owners thereof and shall receive for their services such sums each as the mayor and council shall order. When the tax assessments and corrections, if any, are completed and entered upon the 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 council shall order the said ex officio tax-collector to issue execution against all persons who fail to pay by the time fixed for issuing executions, which execution shall be a lien second only [Illegible Text] the lien for State and county taxes on all property owned by the defaulting taxpayers. The execution shall be turned over to the marshal of said town, who shall proceed to collect them in the same way as executions for the State and county are collected, and shall levy, advertise, and sell property subject to such executions under the law governing sheriffs in levying, advertising and selling property under execution for State and county taxes. The deed of the marshal of said town to any property sold under any such execution shall pass the title to said property to the purchaser as completely and absolutely as the deed of such defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes, shall 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

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amount of his bid, with ten per cent. premium thereon; provided further, that this section shall not go into effect until said mayor and council shall so declare by ordinance regularly and legally passed. Collection of taxes. 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 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 said offender to pay a fine not exceeding fifty dollars, or to imprisonment in the guard-house of said town 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 judgments by imprisonment in the guard-house or work on the streets or public works. When presiding in said court the mayor shall have power to punish for contempt of court any person 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 for any time not longer than ten days. In the absence, sickness, or disqualification of the mayor, the mayor pro. tem., or in the absence of both, any member of the council shall have and may exercise all the powers conferred by this charter upon the mayor. The marshal and clerk shall be the officers of said court, and shall have for their attendance and services in said court, such fees as may be fixed by the mayor and council, which fees shall be collected as part of the penalty in all cases of conviction. Any person charged with the violation of any 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 a copy of the 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 required to appear and stand a trial. Any party under bond or who has been previously summoned who shall fail to appear at the time and place named for trial, shall be liable to arrest and imprisonment and the court may declare the bond forfeited, giving written notice to the securities thereon that

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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, or 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 and fifty to work the streets of said city at such time as, in their opinion, it is needful for such time, not exceeding fifteen days in each year, or pay such a sum of money not to exceed five dollars in any one year, as commutation for such work, and in lieu thereof, as said mayor and council may ordain; and the said mayor and council may make all ordinances necessary to carry this power 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 so as to subject him to liability to do street work. Street work or commutation 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 of said board by the members thereof, and shall be a reputable physician in regular practice in said town. Said board of health shall be charged with the duties 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 council and when approved by them, shall be binding on all citizens and shall be enforced in the same manner as the ordinances, and any violation thereof shall subject the offender to arraignment before the mayor, and punishment, on conviction, by fine, imprisonment, work on the streets, as in case of other violations of the town ordinances. The mayor and council shall decide when it is necessary to establish quarantine against any place or district in order to guard against the introduction of any contagious or infectious disease, and against what points or what territory quarantine shall be enforced, and the quarantine regulations, when enacted by the

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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 regulations, may be compelled to comply with all quarantine regulations, and be punished for any violation thereof, by fine not exceeding fifty dollars, imprisonment under guard at the quarantine station for any time not exceeding thirty days, or both. An inspector appointed for that purpose by the mayor and council shall visit the premises of 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 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 expense to be collected as taxes are collected. Board of health. SEC. 24. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to make, ordain and enforce all such by-laws, rules and regulations as may appear to them necessary and proper for the security, welfare and interest of said town of Ideal. General powers. SECTION 1. Be it enacted by the General Assembly of the State laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. IRON CITY, CHARTER AMENDED. No. 6. An Act to amend an Act, approved August 21, 1906, entitled 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 the 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, whereby the dispensary in Iron City was to be abolished

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and the sale of liquors in said town prohibited be, and the same is, hereby amended by striking from said amending Act the third section thereof which reads as follows: Be it further enacted by the authority aforesaid, That the provisions of this Act shall become operative on and after January 1, 1908, and inserting in lieu thereof the following: Be it further enacted by the authority aforesaid, That the provisions of this Act shall become operative on and after the passage of this Act, it being the purpose of this amendment to make the Act, the title of which is set out in the caption hereof, immediately effective. Iron City, town of Sale of liquor. 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 2, 1907. JAKIN, CHARTER AMENDED. No. 44. An Act to amend the charter of the town of Jakin, by changing the corporate limits 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 charter of the town of Jakin, in Early county, Georgia, incorporated by an Act approved December 16, 1895, be amended by striking out section 4 of said Act entirely and substituting in lieu thereof the following: Jakin, town of. Sec. 4. Be it enacted, That the corporate limits of said town shall extend five-eighths of a mile in each direction from the justice court-house now located in said town. 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 13, 1907.

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KENNESAW, CHARTER AMENDED. No. 147. An Act to amend an Act entitled an Act to incorporate the town of Kennesaw, in Cobb county, and to provide for the election of mayor and council and clerk and marshal; to define their powers and duties, and for other purposes, approved September 21, 1887, so as to provide for the election of tax-assessors for said town, and to provide their qualifications, terms of office, and duties; to levy and collect an occupation tax on any person doing any business, soliciting trade or delivering merchandise therein, and for levying and collecting of taxes upon any kind of business carried on in said town, and for any show, performance, and exhibition or other business that may be carried on in said town for gain or profit, and for a tax on all itinerant traders, peddlers and venders whatever, and upon all solicitors or canvassers selling goods, wares or merchandise, by sample or retail, to consumers, and to provide for the levy and collection of a tax upon the property within said town; to provide for the issuing of license by the authorities thereof to persons transacting business therein; to empower said town authorities to prescribe ordinances for the condemnation of property for street purposes; to authorize the abatement of nuisances by said authorities; to empower said authorities to authorize the establishment of cemeteries, without or within said town, or to prohibit the same being established within said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to incorporate the town of Kennesaw, in Cobb county, and to provide for the election of a mayor and council, marshal and clerk, and define their powers and duties, and for other purposes, approved September 21, 1887, be, and the same is, hereby amended by adding to said Act an additional section to read as follows, to wit: That said mayor and council shall elect a board of tax-assessors for said town at such time and for such length of term as said mayor and council may fix by ordinance, and they shall also define the qualifications, number and duties of said board. Said mayor and council shall have the power to levy an occupation tax on all parties or persons doing business, soliciting trade, or delivering merchandise of any kind within the limits of said town, and to provide by ordinance for the levying

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and collection of a tax upon each and every business, calling, trade or profession carried on in said town; to tax all theatrical performances, shows and exhibitions that may be carried on in said town for gain or profit; to put a tax upon all itinerant traders or peddlers and venders of patent medicines, drugs, books, nostrums or devices of any kind; upon all solicitors or canvassers selling goods, wares or merchandise by sample or retail to consumers. Said mayor and council shall have power to levy and collect a tax of not exceeding two-tenths of one per cent. upon all the real and personal property within the corporate limits of said town for the support of the government of said town. Said mayor and council shall have the right to enact by ordinances requiring all persons before doing business in said town to pay into the treasury of said town such fees as such mayor and council shall fix as charges to be paid to secure a license to transact such business and to provide for the punishment of all parties who do or undertake to do any business in said town before securing license and paying the charges as fixed by said mayor and council. That mayor and council of said town of Kennesaw shall have full power and authority to condemn property for the purpose of opening, laying out, widening streets, sidewalks and alleys in said town, and when the mayor and council shall desire to exercise the powers hereby granted it may be done whether the land sought to be condemned is in possession of the owner, agent, trustee, executor, administrator or guardian in the manner provided in sections 4657 and 4658 of volume 2 of the Code of 1895 and Acts amendatory thereof. Said 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. That said mayor and council shall have the right to establish without or within the city limits of said town cemeteries, or prohibit the same being established within the city limits of said town. The mayor and council shall have the power to enact any and all such other ordinances which in their discretion is for the good of said town and not inconsistent with the Constitution and laws of this State. They shall fix the salary of the clerk, marshal and taxassessors. Kennesaw taxation. Condemnation. Nuisances, etc. SEC. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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LAGRANGE, TO CLOSE TANYARD STREET. No. 67. An Act authorizing the municipal authorities of the city of LaGrange to vacate, close up and discontinue the use of Tanyard street in said city; to sell and convey the right, title and interest of said city of LaGrange in and to said street; to subrogate to the purchaser thereof the right of possession and user of said street as against the city of LaGrange, the State of Georgia, and all other parties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the city of LaGrange are hereby authorized to vacate, close up and discontinue the use of Tanyard street, in said city; the city of LaGrange be liable to any abutting property owner on said street for any direct or consequent damages resulting thereby. LaGrange. SEC. 2. Be it further enacted by the authority aforesaid, That the said city of LaGrange shall have the authority to sell and convey at private or public sale all the right, title and interest in and to said street which said city may have, and the purchaser thereof shall be subrogated to the right of possession and use of the premises embraced by Tanyard street as against the city of LaGrange, the State of Georgia, and all other parties. Authority to sell Tanyard street. 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 16, 1907. LAWRENCEVILLE, CHARTER AMENDED. No. 188. An Act to amend an Act creating a charter for the city of Lawrenceville, Gwinnett county, Georgia, approved August, 1904, so as to authorize the issuing and sale of bonds by said city of Lawrenceville for public improvements generally, and especially waterworks and electric and other lighting facilities for said city and the inhabitants thereof, and to operate the same. SECTION 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of the same, That section 54 of the charter of the city of Lawrenceville be amended by striking all of said section and substitute in lieu there-city of Lawrenceville: Be it enacted by the authority aforesaid, city of Lawrenceville: 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 or other lights or either in said city for the purpose of supplying water and lights, or either, to said city and the inhabitants thereof, and to do any and all other 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 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 of years to furnish said city and its inhabitants with electric or other lights and water, or either, 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 or other lights and waterworks systems, or either of them. Lawrenceville. Lights and water. SEC. 2. Be it further enacted by the authority aforesaid, That sections 55 and 56 of said charter of the city of Lawrenceville be changed to and known as sections 56 and 57, respectively, and the following to be substituted in lieu of and known as section number 55; however, sections of said charter now known as 55 and 56 shall remain unchanged but shall hereafter be known as sections number 56 and 57 respectively. 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 in the aggregate the sum of forty thousand dollars ($40,000), of the denomination of five hundred dollars ($500) each to become due and payable at such times not exceeding thirty years from the date of the issue thereof, as said mayor and council shall determine, and bear not exceeding six per cent. per annum. Said bonds to be issued, sold and hypothecated for the purpose of establishing, maintaining and operating said waterworks, electric or other light system, either or all; also a sewerage and drainage system for said city; provided, however, that said bonds shall not be isued 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 public utilities.

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SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. LAWSON, CHARTER AMENDED. No. 139. An Act to amend section 12 of an Act incorporating the town of Lawson, Georgia, in the county of Gwinnett, approved August 21, 1906, empowering the council of said town to enact ordinances preventing the delivery of and receiving intoxicating liquors and whiskies within the corporate limits of said town; to provide punishment for violation of same; to provide for seizure and disposition of said intoxicants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act that section 12 of the Act of the General Assembly of the State of Georgia, approved August 21, 1906, incorporating the town of Lawson, Georgia, in the county of Gwinnett be, and the same is, hereby amended by adding at the end thereof the following: Said council are hereby further authorized and empowered, in the exercise of the police power of said town, to enact ordinances preventing the delivery within the corporate limits of said town, of wine, beer, whisky, or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances providing for a penalty for so doing. Said town is further authorized and empowered to enact ordinances preventing any company, corporation or person whatever from receiving such intoxicants within the corporate limits of said town from any corporation or person whomsoever, and to enact ordinances providing for a penalty for so doing. Said town is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to the town of such intoxicants within the corporate limits of said town and for the disposition of the same by sale or otherwise, in the hands of any corporation, company or person whatever. Said town is further authorized and empowered in the exercise of its police power to

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provide for and enact any other ordinance looking to the regulation, restriction, suppression or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town, whether by high license, prohibitory tax or otherwise; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and interstate shipments as distinguished from shipments from beyond the State and interstate commerce. Lawson; receiving or delivering liquor, prohibited. 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 22, 1907. LILLY, INCORPORATED. No. 52. An Act to establish a charter for the town of Lilly, in the county of Dooly, State of Georgia; to grant certain privileges to said town; to define the limits of the same; to provide for the election of officers; to prescribe their duties, rights and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the town of Lilly, in the county of Dooly, be incorporated, and the following shall be the charter of said town: Lilly, town of incorporated. SEC. 2. Be it further enacted, That the town of Lilly shall hereafter exist under the name and style of the mayor and council of the town of Lilly, and the corporate limits of said town shall be as follows: The limits of said town shall be described, taking the depot of the Atlanta, Birmingham and Atlantic Railroad as a center, with a radius of one-half of a mile, making a complete circle. Mayor and council. Corporate limits. SEC. 3. Be it further enacted, That the government of said town shall be vested in a mayor and five councilmen, to wit: Jno. O. Teasley, mayor; J. E. McGough, W. A. Ingram, J. A. Lilly, W. H. Pope and S. J. Jones, shall compose the first council, who shall have authority to hold office after the passage of this Act until the regular election is held as provided in section 4 of this charter. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That on the first Monday in January,

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1908, and annually thereafter on same date, there shall be held in same town at the usual place of holding meetings of the council an election for mayor and councilmen, who shall hold their offices for one year, and until their successors are elected and qualified. At such elections all persons who have been bona fide residents of said town for six months before said mayor's election, who have paid all taxes of every description legally imposed and demanded by authorities of said town, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such elections shall be conducted under the management of a justice of the peace and two freeholders, who are electors in said town and not candidates in said election; or, in the absence of a justice of the peace, any three freeholders, electors of said town, not candidates in said election, may manage same; said managers shall conduct elections as nearly as practicable as elections for members 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 Lilly; nor knowingly prohibit any one from voting who is so entitled; and we will not knowingly divulge for whom any vote was cast unless called upon to do so under the law; so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed before some officer authorized to administer oaths, if any such be present; 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 in the records of said town, which certificate shall be sufficient authority to the person so elected to enter upon the discharge of their official duties after qualification as hereinafter provided. Elections for mayor and councilmen. SEC. 5. Be it further enacted, That no person shall be eligible to any office under this Act who is not a qualified elector of said town. Qualifications for office. SEC. 6. Be it further enacted, That before entering upon their official duties said mayor and councilmen shall be sworn faithfully and impartially to discharge the duties of his office to the best of his ability; and they shall constitute a body politic and corporate under the name and style of the mayor and councilmen of the

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town of Lilly, and by that name and style shall succeed to all the rights and liabilities of the present corporation of said town, and shall have perpetual succession, and shall have power and authority to make, ordain and establish from time to time such by-laws, ordinances, resolutions, rules and regulations as shall appear to them necessary and proper for the good government, security, general welfare and interest of said town of Lilly and the inhabitants thereof, and for preserving the health, morals, peace and good order of the same, not in conflict with the Constitution or laws of this State; and shall have power and authority given by such corporate name to contract and to be contracted with; to sue and to be sued; to plead and implead in any of the courts of this State; to have and use a common seal; to hold all property, real and personal, now belonging to said town, or which may 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 Lilly; to use, manage, sell, lease, improve, or rent under regulations prescribed by the council, any of said property as may be advisable for corporate interests. Oath and power of mayor and councilmen SEC. 7. Be it further enacted, That the mayor and councilmen at the first meeting after each annual election shall elect a marshal, a clerk and a treasurer from their own members, who shall take the same oath required of the mayor, and shall give bond as said mayor and councilmen 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 councilmen 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. Other municipal officers. SEC. 8. Be it further enacted, That the mayor shall be the chief executive officer of said town of Lilly; 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 $25.00, and shall not be changed during the year for which the same is fixed; that said councilmen shall not receive a salary exceeding $25.00 per annum each, and shall be fixed and remain unchanged as in the case of the mayor. Mayor, powers and salary. SEC. 9. Be it further enacted, That the mayor and councilmen shall fix by vote the time of their regular meetings; and elect a mayor pro tem. from among their number at the first annual

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meeting, who shall be, in the absence of the mayor, the presiding officer. The presiding officer shall not vote except in case of a tie; the mayor, or mayor pro tem, and three councilmen shall constitute a quorum for the transaction of business, but no ordinance passed by said mayor and councilmen shall be legal, valid and binding unless passed by a full vote at their regular meeting. Mayor pro-tem etc SEC. 10. Be it further enacted, That said mayor or mayor pro tem. shall have power at any time to hold mayor's court under rules of said mayor and councilmen, for the trial of offenders against the ordinances of the town of Lilly, and to impose such fines, sentences and penalties as may be deemed just and proper, not exceeding the sum of $50.00, or imprisonment or labor on the streets or other public works of Lilly not exceeding thirty days, in the discretion of the mayor or mayor pro tem. The power to impose and enforce the sentences of said mayor's court is hereby given to said mayor and council, who may regulate and provide for the same by regular ordinances. Mayor's court. SEC. 11. Be it further enacted, That there may be an appeal from the decision of the mayor to the council, which shall be in writing under such rules and regulations as made and provided by said mayor and councilmen, and upon the hearing of said appeal said councilmen may set aside, reduce, increase or modify the sentence imposed by the mayor or mayor pro tem: They are not to exceed the limits specified in section 10 of this Act. Appeals from mayor's court. SEC. 12. Be it further enacted, That said mayor and mayor pro tem. in all criminal matters committed within the corporate limits of said town of Lilly 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. Appearance bonds. SEC. 13. Be it further enacted, That the mayor and council shall have power to levy and collect an ad valorem tax not to exceed one-fifth of one per cent, on all taxable property within the corporate limits, and which is taxable by the laws of this State, to prescribe by ordinance the method, manner and rules or regulations for estimating the value of the property for taxation belonging to the taxpayers of said town. Ad valorem tax. SEC. 14. Be it further enacted, That said mayor and councilmen shall have power to levy an annual tax not exceeding $10.00 upon all agents of all insurance companies doing business in said town, upon all drays, persons engaged in hauling for hire with drays, wagons, hacks, or other conveyances; upon all livery, sale or feed stables, upon all businesses of every kind and class conducted within the corporate limits of said town. They shall have

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power to levy special tax not exceeding $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 $5.00 per day upon all transients doing business in said town, and on all itinerant peddlers who may deal in commodities which may come in competition with the regular businesses of said town, not exempt by the laws of Georgia. Specific taxes. SEC. 15. Be it further enacted, That if any person or corporation shall fail to pay the taxes imposed by this Act, the clerk shall issue an execution against such defaulter, which shall be signed by said clerk and attested in the name of the mayor; which execution shall bind all the property owned by such delinquent taxpayer on the first day of March of the year in which said taxes are due, and all property subsequently acquired, and shall rank as other items for taxes under the laws of Georgia. Such execution shall be directed to the marshal, who shall enforce the same by a levy and sale as in cases of constable sales, except sales of real estate, in which case the real estate shall be advertised as in case of sheriff's sales, and the marshal shall make a deed of sale to the purchaser, and when requested to do so, put the purchaser in possession. Collection of taxes, etc. SEC. 16. Be it further enacted, That when any person shall fail to pay any of the taxes required under the provisions of this Act, which are duly required of them by the mayor and council, and the marshal shall fail to make same, provided in section 15, may be arraigned as a tax defaulter before the mayor's court, and fined as provided in section 10. Defaulters SEC. 17. Be it further enacted, That the mayor and council shall have full power and authority to lay out, widen, straighten, open, close, alter, pave, drain and keep in good order and repair the roads, streets, sidewalks, alleys, cross-walks and squares in said town, for the use of the public, and to dig, repair or fill up the public well or wells; to establish and maintain such a system of grading and drainage for the town which they may deem proper. To this end they will have full power to appropriate and condemn lands in said town, and shall be liable to the owner thereof for a reasonable and fair sum as damages. When damages are claimed for appropriating private lands for streets, ditches or other purposes mentioned in this Act, and the council and owner can not agree, the same may be submitted to the arbitration of three free-holders 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

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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. 18. Be it further enacted, That the mayor and council shall have power and authority to grant franchises for waterworks, gasworks, electric lights, telegraph and telephone lines, and electric, steam or horse railways through the streets and alleys of said town, on such terms and conditions as said mayor and town council may by ordinance prescribe. Franchises. SEC. 19. Be it further enacted, That all persons subject to road duty in this State, and who are residents of the town of Lilly, 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 $5.00 per annum; provided further, that all persons failing to pay said taxes or work upon the streets of said town when duly notified to do so, may be arraigned and punished as provided in section 10 for the violation of the ordinance of said town; provided further, that street taxes will also be collectable by execution, levy and sale as other taxes. Street work or commutation tax. SEC. 20. Be it further enacted, That the cost of issuing, serving or executing all executions, summonses, processes, writs and subp[oelig]nas as authorized by this Act shall be the same as prescribed by the laws for the officers of justices' courts. Fees of officers. SEC. 21. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to make and enforce for any length of time such rules and regulations as they may deem proper to prevent the introduction into said town of any contagious or infectious disease, or to isolate, localize, or prevent the spread or increase of the same when found in the town, and to protect the health of the citizens of said town. They shall have the power to abate as a nuisance all wells, ponds, pools, slaughter-pens, privies or other like things which in their judgment tend to spread disease among the citizens of said town. Quarantine and sanitation. SEC. 22. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1907.

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LINWOOD, INCORPORATED. No. 97. An Act to create a new charter for the town of Linwood, in Walker county; to define the rights and powers of said corporation, and to repeal the Act approved December 18, 1901, creating a charter for the town of Linwood, Walker county, and the Act approved August 21, 1905, amendatory thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Linwood, in the county of Walker, be, and the same is, hereby incorporated as a town under the name of the town of Linwood. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of mayor and council of the town of Linwood they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Linwood, town of incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall begin on the LaFayette and Cove public road at the southwest corner of the property now owned by the Union Cotton Mills, and run thence north one hundred yards; thence due west to the LaFayette and Dug Gap public road; thence with said road to the west boundary line of Mrs. S. A. Warthen's land, or original land lot No. 29 in the 7th district and 4th section; thence with the west boundary line of Mrs. S. A. Warthen's land to the original north line of said lot No. 29; thence east with said north line of lot No. 29 and with the original north line of lot No. 28 to the point where the Gordon land begins; thence in a southeasterly direction with the line between Union Cotton Mills property and the Gordon property, to the point where the corporation line of LaFayette crosses said line one-half mile from court-house; thence with said corporate limits of LaFayette (the same being in circular form and being a half mile from court-house in LaFayette, Ga.) to LaFayette and Cove road; and thence with the south boundary line of the lands of the Union Cotton Mills to the point of beginning. Corporate limits. SEC. 3. Be it further enacted, That W. L. Stansell, mayor; O. O. Newsome, D. M. Williams, J. H. Pollard, W. L. Duren, C. J. Bridgman and P. D. Fortune, councilmen of said town of Linwood, shall hold their offices until the first election hereinafter provided for. Present mayor and councilmen

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SEC. 4. Be it further enacted, That on the first Monday in January, 1909, and every two years thereafter on the same day, an election shall be held in the council chamber of said town for a mayor and five councilmen, who shall hold their offices for two years and until their successors are elected and qualified, and the president of the Union Cotton Mills shall at all times be ex-officio a member of the council; but none shall vote or be eligible to the office of mayor or councilmen thereof who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for officers in this State, and the certificate of managers shall be sufficient authority to persons elected to enter into the discharge of the duties of the office to which they have been elected. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation, removal or other cause, the mayor and council shall appoint a successor to fill the unexpired term of such vacant office. Elections for mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That before entering on the discharge of their duties, the mayor and councilmen shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor or councilmen, as the case may be, of the town of Linwood, Walker county, according to the best of my ability and understanding; so help me God. Official oath. SEC. 6. Be it further enacted by authority aforesaid, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town and the protection of property from loss by fire or damage therein; provided, that they be not repugnant to the Constitution and law of the State and the United States. Corporate powers. SEC. 7. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax not exceeding twenty-five one-hundredths (25-100) of one per cent. upon all property, real and personal, within the corporate limits of said town, and the same may be enforced by execution issued by the clerk in the name of the mayor, and by sale of property as in sales of property liable to State and county taxes; all levies of tax execution to be made by the marshal or his deputy, and to be conducted as sales by the sheriff of this State in case of levy of tax executions. They shall have power to require all persons within said corporation who are subject to road duty under the laws of

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this State, to work on streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of work upon the street. Taxation. SEC. 8. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by councilmen from their own number) shall be the executive officer of said town; he shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police whenever he may deem necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detection of all riotous and disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guard-house of said town or by work on the streets of said town not to exceed thirty days. Executive powers of mayor. SEC. 9. Be it further enacted, That said mayor and council, at the first meeting after their election (or at the meeting after the first, if they deem proper and best), shall elect a clerk, who may be one of their own members, or any citizen of said town. From all these officers a bond shall be taken in such sums as the council may require, to be approved by the mayor, conditioned for the faithful performance of their duties. They shall also take and subscribe an oath before said mayor that they and each of them, will well and faithfully discharge their several duties as clerk, treasurer and marshal, as the case may be, to the best of their ability. Clerk. SEC. 10. Be it further enacted, That the clerk and marshal receive such annual salaries as the council may deem just and proper; the mayor and councilmen shall not receive any salaries, but shall be exempt from street tax during the continuance of their official terms. Salary. SEC. 11. Be it further enacted, That said mayor and councilmen shall have power and authority to tax all shows, auctioneers, sleight-of-hand performances, gift enterprises, pool and billiard tables, wheels of fortune and other like enterprises, as they may deem most to the interest of said town. Specific taxes SEC. 12. Be it further enacted, That said mayor and councilmen shall have no power or authority to grant any license for the sale of vinous, malt or intoxicating liquors or bitters, or of any other beverage that will produce intoxication, but shall have

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power, and it shall be their duty, to pass ordinances consistent with the laws of said State to prevent the sale of all intoxicants within the boundaries of said town, and to fix and enforce penalties for violation of such ordinances. Sale of liquor. SEC. 13. Be it further enacted, That the mayor and council of said town shall provide by ordinances such rules and regulations as to them may seem proper for the appointment of a board of trustees consisting of five members, one of whom shall be the president of Union Cotton Mills; define their term of office and duties, and to do all other acts and things necessary and proper for the purpose of carrying into effect the purposes of this Act; to establish a system of free schools in said town of Linwood by taxation as herein provided. Board of trustees for free schools. SEC. 14. Be it further enacted by the authority aforesaid, That the school commissioner of the county of Walker is hereby authorized and required to pay over to such person as the mayor and council of the town of Linwood may authorize to receive the same for the use of said free schools under such rules and regulations as said mayor and council may prescribe, the proportion of the common school fund arising from any source belonging to the town to be by said town authority expended in establishment and maintenance of said free schools as authorized by the Constitution and laws of the State. Pro rata share of public school fund. SEC. 15. Be it further enacted by authority aforesaid, That the mayor and council of the town of Linwood shall immediately upon their qualification and annually thereafter, cause a school census of the children of said town within the school ages to be taken, and they shall prepare and furnish to the county school commissioner a list or census of all children living in said town entitled to the State school fund, and the said county school commissioner shall pay over to such person as may be authorized to receive the same the pro rata share of the public school fund, according to the number of children of school age in said town as compared with the number of children of school age in the county. School census. SEC. 16. Be it further enacted by the authority aforesaid, That the board of trustees appointed under section 13 of said Act shall devise, design and adopt a system of thorough instruction in the public schools of said town; and said board of trustees is hereby empowered to modify the same from time to time as circumstances may require; they are hereby empowered to establish such schools as they may deem proper; to elect, contract with, appoint, remove, and suspend teachers, in their discretion; to fix the salaries of teachers; to fix such incidental or matriculation

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fees as they may deem proper; to provide a curriculum or course of study; to make such by-laws, rules and regulations for control of said schools as they think proper in their discretion; to provide and establish rules as to terms upon which children living out of said town may enter said schools, and to perform such other lawful acts as may be necessary and conducive to the proper and successful operation of the public schools of said town. Powers of board of trustees. SEC. 17. Be it further enacted by the authority aforesaid, That the ordinances, rules and regulations now in force in said town shall remain in force as fully as if adopted after the passage of this Act. Existing laws. SEC. 18. Be it further enacted by the authority aforesaid, That the school system now of force in said town shall remain the same as if adopted after the passage of this Act. School system. SEC. 19. Be it further enacted by the authority aforesaid, That the Act approved December 18, 1901, incorporating the town of Linwood, and the Act approved August 21, 1905, amendatory of said first named Act be, and the same is, hereby repealed and superseded by this Act, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Former charter repealed. Approved August 19, 1907. LITHONIA SCHOOL DISTRICT, LIMITS. No. 85. An Act to amend the Act approved August 22, 1905, creating the Lithonia district, by taking from said district land lots 86, 107, 118, 139, 150, 171, 182 and that part of 75 east of Pole Bridge Creek and the northwest corner of 203, all in the 16th district of DeKalb county, and allowing the county board of education of said county to reassign said land lots to the Rockland school district, as they were prior to the passage of said Act. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 22, 1905, creating the Lithonia school district, be amended by taking from said district land lots 86, 107, 118, 139, 150, 171, 182 and that part of 75 east of Pole Bridge Creek, and the northwest corner of 203, all in the 16th district of DeKalb county, and that the county board of education of DeKalb county be, and they are hereby, authorized to restore said lots and

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fractional lots to the Rockland school district of said county as they were prior to the passage of said Act. Lithonia school district, limits of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved August 22, 1907. LITHONIA, CHARTER AMENDED. No. 40. An Act to amend the charter of the town of Lithonia, so as to forbid the licensing of billiard, pool or bagatelle tables, and dealing in futures, and to forbid the carrying on of either of said callings. Also in such manner as to increase the power of the mayor and town council to change license from the present limit of twenty-five dollars, and up to two hundred dollars. Also in such a manner as to authorize the mayor and town council to prohibit under proper penalties the delivery by any carrier or other person of any wine, beer, whisky or other intoxicating liquor within the limits of said town, or to impose a license tax of not more than one thousand dollars on persons making such deliveries, and to authorize said mayor and town council to provide by ordinance for the seizure and forfeiture of all such liquors illegally brought within said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 16 of the new charter of Lithonia, in DeKalb county, Georgia, approved December 20, 1890, as provided in the Acts of 1890 and 1891, pages 602 to 610, inclusive, be amended by striking therefrom the words, Every keeper of a billiard, pool or bagatelle table, and also the words dealers in futures in said section, and adding after the word food, in the last line of said section 16, the following: No license shall be issued for the operation of a billiard, pool, or bagatelle table, or for dealers in futures in the incorporate limits of said town; so when section as amended shall read as follows: Lithonia. That the mayor and town council of Lithonia shall have power to license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses, livery stables, hacks, drays and other vehicles, auctioneers, vendue masters, itinerant traders, theatrical

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performances, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant venders of articles, goods, wares and merchandise of every nature whatever. Every keeper of a shooting gallery, tenpin alley, upon the keeper of any other table, stand or place for performance of any game or play, whether played with sticks, balls, rings or other contrivances; upon the keeper of flying-horses, bicycle, velocipede or skating rinks; insurance agents, life and fire insurance companies, brokers, loan agents, or agents for any other business or calling whatsoever; keeper of slaughter-pens, beef markets, green groceries; upon every junkshop and pawnbroker, dealers in fish, oysters, vegetables, fruits, bread and other articles of food. Licenses. No license shall be issued for the operation of a billiard, pool or bagatelle table, or for dealers in futures in the incorporate limits of said town, nor shall such business be conducted therein. SEC. 2. Be it further enacted by the authority aforesaid, That section 17 of the new charter of Lithonia be amended by striking from said section 17 the following words in the last line of said section, to wit, not exceeding twenty-five dollars per annum and in lieu thereof add not exceeding two hundred dollars per annum. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this amendment the mayor and town council of Lithonia are hereby further authorized and empowered, in the exercise of the police power of said town, to enact ordinance preventing the delivery within the corporate limits of said town of wine, beer, whisky or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances providing for a penalty for so doing, or imposing a license of not over a thousand dollars on any carrier for so delivering. Said town is further authorized and empowered to enact ordinances preventing any company, corporation or person whatever from receiving such intoxicants within the corporate limits of said town, from any corporation or person whatsoever, and to enact ordinances providing for a penalty for so doing. Said town is further authorized and empowered to provide for the seizure and forfeiture to the town of such intoxicants within the incorporate limits of said town, and for the disposition of the same by sale or otherwise, in the hands of any corporation, company or person whatever; provided, however, that the provisions of this section shall be held and construed to apply to domestic commerce and intrastate shipments,

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as distinguished from shipments from beyond the State and interstate commerce. Delivering or receiving liquor prohibited. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with the above sections as amended be, and the same are, hereby repealed. Approved August 13, 1907. LOUISVILLE, PUBLIC SCHOOL SYSTEM. No. 240. An Act to repeal sections two (2) and three (3) of an Act entitled an Act to establish a public school system for the town of Louisville, Georgia; to appoint a board of education for said town; to provide for raising revenue to organize and maintain said system and carry the same into effect, and for other purposes, which was approved on the 20th of December, 1893; also to fix a time for the termination of the terms of office of the members of the present board of education of the city of Louisville, Georgia; to fix a time for the election of a board of education of said city, which shall consist of twelve members, to provide for their election, qualification, eligibility and term of office, for the election of their successors, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That sections two (2) and three (3) of an Act entitled an Act to establish a public school system for the town of Louisville, Georgia; to appoint a board of education for said town; to provide for raising revenue to organize and maintain said system and carry the same into effect, and for other purposes, which was approved on the 20th day of December, 1893, be, and the same are, hereby repealed, and that the following sections of this Act be substituted in lieu thereof: Louisville. SEC. 2. Be it further enacted, That the terms of office of all the members of the board of education of the city of Louisville, in said State, as now constituted, to wit: J. G. Cain, W. W. Abbot, J. F. Brown, S. M. Clark, I. F. Farmer, L. F. Farmer, R. L. Gamble, J. C. Little, W. L. Murphy, J. B. Polhill, W. A. Stone and G. W. Warren, shall expire on the first day of June, 1908, and from and after the said first day of June, 1908, the board of education of said city of Louisville shall consist of twelve members,

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all of whom shall be citizens and voters of said city, and shall be elected and hold office for the terms as hereinafter provided for. Board of education. SEC. 3. Be it further enacted, That the board of education of said city, as now constituted, and whose names are given in the second section of this Act, shall on or before the first day of June, 1908, elect from their body nine persons to become members of said board of education, three of whom shall serve for one year, three for two years, and three for three years, from the first day of June, 1908, and said board shall designate which three are to serve one year, and which three are to serve two years, and which three are to serve three years. Said board shall also at the same time elect three other persons, who are not members of their body, but who are otherwise qualified according to the provisions of this Act, to become members of said board of education, whose term of office shall be four years from said first day of June, 1908. Elections of board of education. SEC. 4. Be it further enacted, That the board of education of said city, when elected in accordance with the provisions of this Act, and their successors, shall perform all the duties, and exercise all the powers that have heretofore been given by law, to the board of education of said city, or to the board of education of the town of Louisville, and may appoint such officers and make such rules and regulations for the government of their body as they deem proper. Powers of board. SEC. 5. Be it further enacted, That after the first day of June, 1908, all vacancies in the board of education of said city, caused by the expiration of the term of office, death, resignation or removal from said city, shall be filled as soon as practicable after said vacancy occurs, by the remaining members of said board, that are prescribed in the second section of this Act, and the new members of the board so elected shall hold office for the term of four years from the first day of June in the year in which they are elected, except in the case of an election to fill a vacancy caused by death, resignation or removal from the city, when the new member shall be elected and hold office only for the unexpired term of his predecessor; and provided further, that in all elections to fill a vacancy, no person who at any time has been a member of said board of education shall be eligible to fill said vacancy, or to hold the position of member of said board until after one year from the expiration of his last term of service as such member. Vacancies SEC. 6. Be it further enacted, That the board of education to be elected and organized under this Act, and all succeeding boards, shall meet annually on a day to be fixed by the board, which shall be not later than the first day of June in each year,

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and may hold called meetings, when called together by the presiding officer of the board, and if upon the written request of four members of the board, the presiding officer shall fail or refuse to call a meeting, then four members of the board may call a meeting, upon giving proper notice to all the members of the board, but not less than seven members shall constitute a quorum to transact business at any meeting. Meetings [Illegible Text] board. SEC. 7. Be it further enacted, That if the board of education as now constituted shall fail to meet on or before the first day of June, 1908, and elect a board of education as provided for in the third section of this Act, or if any succeeding board of education shall fail to meet on or before the first day of June of any subsequent year, and fill the vacancies that may have occurred in consequence of the expiration of a term, then it shall be the duty of the presiding officer of said board, as soon as practicable thereafter, to call a special meeting of said board, and at said special meeting the board shall proceed to elect a board of education as provided for in the third section of this Act, or to fill any vacancies, as provided for in the fifth section of this Act. Special meetings of board. SEC. 8. Be it further enacted, That this Act shall not in any way alter or affect the organization of the board of trustees of the Louisville Academy. Louisville academy. SEC. 9. Be it further enacted, That all laws or parts of laws in conflict with this Act, not expressly excepted from the provisions thereof, be, and the same are, hereby repealed. Approved August 22, 1907. LUMBER CITY, CHARTER AMENDED. No. 270. An Act to amend an Act incorporating the town of Lumber City, approved September 3, 1889, so as to provide for the establishment of a system of waterworks in said town, to issue bonds therefor, provide for their payment, 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 said character of Lumber City heretofore granted, to wit, September 3, 1889, be, and the same is, hereby amended by empowering the city council of Lumber City to issue bonds to the amount of five thousand

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dollars for the purpose of erecting and maintaining said system of waterworks for the town of Lumber City, and to that end the city council is empowered to issue bonds within the discretion of the city council subject to the constitutional limitation and to be used for no other purpose. Lumber City waterworks bonds. SEC. 2. Be it further enacted by the authority aforesaid, That before this Act shall become operative its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and council shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said town, and which shall be held under the same rules and regulations as elections for justices of the peace, and the qualifications of the voters shall be the same as required in elections for members of the General Assembly. At said election those in favor of waterworks shall have printed or written on their ballots the words For waterworks, and those opposed to waterworks shall have printed or written on their ballots the words Against waterworks, and if two-thirds of the qualified voters cast their ballots for waterworks this Act shall become operative. Election for waterworks. SEC. 3. Be it further enacted by the authority aforesaid, That before said bonds shall be issued they shall be recommended by the mayor and council of the town of Lumber City, and the question of their issuance shall be submitted to the said town of Lumber City as heretofore provided. For this purpose the mayor and 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 said county. Said election shall be governed by the rules and regulations governing elections for members of the General Assembly. Each voter shall have printed or written on his ballot For bonds or Against bonds, and if two-thirds of the qualified voters of said town vote for bonds it shall be the duty of the mayor and council of said town to issue them after they have been validated as now provided by law, and sell the same; and the mayor and council shall prescribe the manner of ascertaining the number of qualified voters residing in said town when said election is ordered. Election, how ordered and held. SEC. 4. Be it further enacted by the authority aforesaid, That at or before the time of issuing said bonds the mayor and council of said town shall provide for the levy and collection of a tax in addition to other taxes now allowed by law to be applied to the extinguishment of said debt when same shall become due, nor shall any part of the tax so raised be used for any other purposes. Sinking fund. SEC. 5. Be it further enacted by the authority aforesaid, That there shall be created a commission for said city council known as

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the commission for the sinking fund, consisting of the following persons and for the following years, to wit, C. F. Smith, two years; E. K. Wilcox, three years; L. R. Nease, four years; H. S. Tucker, five years; J. B. Reynolds, six years, and J. A. Doster, seven years, their successors to be appointed by the judge of the superior courts of the Oconee judicial circuit, and that a commission shall be created hereby known as the water bond commission, consisting of D. W. Phillips, W. R. Ryals, Leroy Napier, W. H. Pitt and Robert Murray, the duty of the first named commission being to provide for the sinking fund by recommending to the city council the necessary annual tax levy for that purpose and providing for the safe keeping of said sinking fund, and the duty of the last named commission, known as the water bond commission, shall be to inaugurate said system of waterworks and apply the proceeds arising from the sale of said bonds to the building, equipment and maintenance of said waterworks. Commission for sinking fund. 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 22, 1907. LYONS, CHARTER REPEALED. No. 43. An Act to repeal an Act approved December 9, 1897, incorporating the town of Lyons, which constitutes the present charter of the town of Lyons, in Toombs county, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved December 9, 1897, incorporating the town of Lyons, in Toombs county, Georgia, be, and the same is, hereby repealed. Lyons, town of, charter repealed. SEC. 2. Be it enacted by the authority aforesaid, That this Act shall become operative when a bill entitled an Act to incorporate the city of Lyons shall have been approved by the Governor of the State of Georgia. SEC. 3. Be it enacted by the authority aforesaid, That all other laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1907.

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LYONS, INCORPORATED. No. 8. An Act to incorporate the city of Lyons, in the county of Toombs, State of Georgia; to provide for a mayor and council, and to prescribe their qualifications, terms of office and manner of election; to confer on said mayor and council certain duties, powers and privileges; to provide for all elections necessary for the purpose herein; to locate voting places and methods of elections, and to designate the qualifications of voters; to provide for the government of said city, and to regulate the police and officers thereof, their term of office, salaries and duties; to fix the salaries of all other officers, to make all contracts of the town of Lyons valid and binding for and against the city of Lyons, and to vest in the city of Lyons the title of all property owned by the town of Lyons; to define the corporate limits of said city and its location; to provide for public improvements of said city; to provide for the laying out and opening streets, sidewalks, alleys, driveways and other public grounds, and for the maintenance of the same to authorize the condemnation of private property, according to law, for the purposes of such streets, sidewalks, driveways and alleys, or for other public purposes; to provide for the issuing of bonds for public improvements, and to provide how, when, and under what conditions, in what way, and for what amount said bonds may be issued; to provide for the payment of said bonds, and for the levy of taxes for that purpose; to provide for the assessment and collection of taxes for general purposes upon all kinds of property and business therein; to provide for the enacting of all necessary ordinances, and the enforcement thereof; to provide the manner of collecting taxes of all kinds, including street taxes, and for the appointment of tax-assessors, prescribing their duties and powers, and for other purposes incidental to the government of said city of Lyons. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the town of Lyons, located in the county of Toombs and State of Georgia, be, and they are, hereby incorporated under the name and style

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of the city of Lyons, and by that name shall be, and are, hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, privileges, titles, property, easements and hereditaments heretofore belonging to the town of Lyons, or the mayor and council thereof, are hereby vested in the city of Lyons, created by this Act. And the said city of Lyons may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact, through and by its mayor and council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to such city council and mayor may seem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the city of Lyons shall be able by law, and is, hereby authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, enjoy, possess and retain, temporarily or perpetually, for any period of time, any property, real or personal, any estate, lands, tenements and hereditaments of any kind whatsoever, whether within or without the corporate limits of said city, for corporate purposes. Said city of Lyons, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of the former town of Lyons. Lyons, city of incorporated. SEC. 2. Be it further enacted, That the corporate limits of said city of Lyons shall be embraced in a circle, whose diameter shall be two miles, and whose center shall be the center of the Seaboard Air Line Railway depot, located in said city. Corporate limits. SEC. 3. Be it further enacted, That the government of said city of Lyons shall be vested in a mayor and five councilmen, who shall compose the city council, whose qualifications and manner of election is hereinafter prescribed. Mayor and councilmen SEC. 4. Any male resident of said city, who shall be twenty-one years of age, white, a freeholder of real estate within said city, who shall have been a resident of the State of Georgia for a period of twelve months and of the city of Lyons for six months, and who shall have paid all State, county and municipal taxes, shall be eligible to the office of mayor or councilman of said city, such residence referring to the period immediately preceding the appointment or election of such person to either of the offices named. Qualifications for office. SEC. 5. Be it further enacted, That on the first Wednesday

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in February, ninteen hundred and eight, and biennially thereafter on the same day, an election shall be held in said city, in manner and place hereinafter provided, for the purpose of electing a mayor and council for said city, whose terms of office shall be two years, or until their successors are elected and qualified. Their terms of office shall begin on March 1st, following their election. In case no election is held at regular time provided by this Act, a special election may be called by the mayor and council to be held on some other day, first giving twenty days' notice of such election by posting notice thereof at the court-house door in said city, and at the postoffice and city hall. Elections of mayor and councilmen. SEC. 6. Be it further enacted, That all elections under the provisions of this charter, whether regular or special, and whether for the election of officers or for the submission to the people of said city the question of issuing bonds of said city, or for any of the purposes for which an election may be held in and for said city, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders who are bona fide residents of said city, and who shall be appointed by the mayor for that purpose. In case no appointment is made, then any three citizens, having the qualifications prescribed, may act. Each of said managers, before entering upon his duties, shall take and subscribe before some officer authorized by law to administer oaths, or before one of their number, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, to the best of our skill and power; so help us God. Said manager shall keep, or cause to be kept, two lists of voters and two tallysheets. All elections shall be held in city hall of said city, and shall be held between the hours of 10 o'clock a.m. and 3 o'clock p.m., and shall be by written ballot. Those receiving the majority of the votes cast for the respective offices shall be declared elected. Said managers shall certify two lists of voters and two tally-sheets, place one of each in the ballot-box and securely seal same, and shall forthwith deliver the same to the clerk of the city, who shall keep the same with seal unbroken for thirty days, and if no contest is then instituted shall destroy the same, without himself inspecting or allowing any one else to inspect said ballots. The other tally-sheet and list of voters, together with a certificate showing the result of the election, and signed by the managers, shall be placed in a sealed package and forthwith delivered to the mayor, who shall keep the same until the first meeting of the city council, held not less than four days

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after the date of such election, at which time, and in the presence of said council, he shall open the same and declare the result. If any person desires to contest any election held hereunder, said contest shall be had under the general laws of the State governing municipal contests. Election managers. SEC. 7. Be it further enacted, That every male citizen of the city of Lyons, as incorporated under this Act, who is twenty-one years of age, and who shall have resided in the State of Georgia for twelve months and in the city of Lyons for six months next preceding the election, and who has legally registered as a voter, and who shall have paid all taxes that may have been required of him, except for the year of election, and who has paid all fines, licenses, business taxes and registration fees, and who has not been convicted of any crime involving moral turpitude, unless pardoned, shall be qualified to vote in any city election held in the city of Lyons for any purpose whatever. Voters. SEC. 8. Be it further enacted, That the city clerk, or if the mayor and council so desire it, then some other person by them appointed, shall open at some accessible place, as may be designated by said mayor and council, on the first Monday in January in each election year, a list for the registration of voters for said city, which list shall be kept open every day, except Sunday and legal holidays, between the hours of nine and twelve in the morning and three and five in the afternoon, from the day opened until the tenth day before the regular election day on the first Wednesday in February, when said lists shall be finally closed. The regular registrations for said February elections shall be good and valid for any election that may be held for any purpose during the year following, but for any election held during such election years previous to the first Wednesday in February, then and in that event the mayor and council shall cause a list to be opened thirty days bfore any such election, which list shall be closed on the tenth day before such election. Said registration list to be opened and managed in like manner as the list for the regular election in February, as above provided; provided, that any registration for any special election at any time during said election year shall be sufficient for the regular election in February. It shall be the duty of the clerk, or other person in charge of such list, upon application of any person entitled to vote, which application shall be personal, not by proxy, to register the name of such person, together with his age and occupation, by having such person subscribe his name to the following oath: I do swear that I am twenty-one years of age, or will be by the next

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city election; that I am a citizen of the United States; that I have resided in this State for a period of twelve months last past, and in the city of Lyons for the last six months; that I have paid all legal taxes and assessments required of me by law, and I have never been convicted of crime involving moral turpitude and not pardoned; so help me God. Said clerk, or person in charge of said list, is hereby authorized and qualified to administer such oath. Nothing herein contained shall be construed to prevent the mayor and council, by unanimous vote, from declaring that the registration list for any regular election shall be used at any special election held within two years; provided, any legal voter who has not registered may do so at any time up to ten days before such special election. Registration of voters. SEC. 9. Be it further enacted, That at such time as the mayor and council may deem proper before the date of any election held in said city, not exceeding thirty days before such election, the said mayor and council shall elect three citizens of said city, who shall constitute and be known as a board of registrars for said city; no person who is a candidate for any office to be filled at such election is eligible to serve as a member of said board of registrars. Such registrars shall qualify by taking the following oath before any person authorized by law to administer oaths, to wit: I swear that I will diligently and impartially examine and revise the registration list of the city of Lyons, according to the laws governing the same, to the best of my ability; so help me God. This oath shall be recorded by the city clerk on his book of minutes. As soon as possible after the registration shall be closed the person in charge of the same shall deliver said list to said board of registrars, whose duty it shall be to diligently and thoroughly examine the same for the purpose of ascertaining if any person has registered illegally, and to this end may summon all persons as to whose right to register they may entertain any doubt, either from the examinations of the tax books of the city, the State or the county, the criminal record, or for any other cause, to appear before them and show why their names should not be stricken from the said registration list. Said summons shall be served by the marshal of said city, or in case he can not serve them, then by any other person elected by said board for that purpose. Said summons shall be served upon the person named therein not later that the day preceding the day upon which he is summoned to appear. Should said examination show to the satisfaction of the majority of said board that the person summoned is not entitled to registration under existing

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laws, his name shall be stricken from said list. And should the person so summoned fail to appear, the board shall proceed as though he were present. Any person living in said city who claims the right to register, but whose name has not been entered upon the registration list, may appear before the said board of registrars, and if he shall convince a majority of said board that he is a qualified voter of said city, that he has been unlawfully denied the right to register, or that he has some good and satisfactory reason for not registering while said registration was open to the public for the purpose of registering voters, then said board shall enter his name upon said list as if he had registered before the list was closed. After a thorough examination and revision, said board shall prepare two lists, alphabetically arranged, of all the names left upon said registration list after the same has been examined and revised, and shall certify the same as a correct list of the qualified voters of said city. Said registrars shall then deliver said lists to the managers of the election on the day of such election. No person shall be allowed to vote at said election whose name does not appear upon said list. Said registrars, as well as said election managers, shall be paid out of the city treasury such amount as may be fixed by the mayor and council, not to exceed two dollars per day for each person for each day required in the performance of these duties. Board of registrars. SEC. 10. Be it further enacted, That before entering upon the discharge of their duties, the persons elected as mayor and councilmen, and each of them, shall take and subscribe before some officer authorized by law to administer oaths the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be), of the city of Lyons to the best of my skill and ability, and as shall seem to me the best interest and welfare of said city, without fear, favor or affection; so help me God. SEC. 11. Be it further enacted, That at any regular or special meeting of the mayor and council, after their election and qualification, said mayor and council shall elect a city clerk, who shall be clerk of the council and ex-officio clerk of the mayor's court; a marshal or marshals, a city attorney, and other officer or officers as the mayor and council may deem necessary. The mayor and council may prescribe the duties of all such officers, their compensation, and their oaths of office, together with such bonds for the faithful carrying out of the same as they may see fit. All said officers shall hold their offices at the pleasure of the mayor and council. Other Municipal officers.

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SEC. 12. Be it further enacted, That the mayor (or mayor pro tem., who shall be elected by the council from their number), and three members of the council shall constitute a quorum for the transaction of any business before the council, and the majority of the votes cast shall determine all questions and elections before the council, the mayor, or mayor pro tem., if the latter be presiding, not being entitled to a vote, except in case of a tie. Said mayor and council shall hold their meetings within the limits of said city, at such time and place as they may deem proper. They may fix a time and place for regular meetings, but at any special or call meeting of the body, whether at the regular time and place, or otherwise, the mayor and council shall have just as ample power as at any regular meeting, and may do and perform any of the things, duties and powers that they could do and perform at any regular meeting. Meetings of council. SEC. 13. Be it further enacted, That during the sickness, absence or disqualification of the mayor, the mayor pro tem. shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. In case of the death, resignation or removal from office, or removal from the city, of the mayor, the mayor pro tem. shall order an election to fill said vacancy, as is prescribed in section 5 of this Act; and in case of a vacancy in the office of the councilmen, arising from any cause, said vacancy to be filled by an election to be ordered by the mayor, or mayor pro tem., or city council, in the same manner as is prescribed in section 5 of this Act. Mayor pro tem. SEC. 14. Be it further enacted, That the mayor shall receive a salary to be fixed by the council, not to exceed two hundred dollars per annum; he shall be the chief executive officer of said city, and shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers whenever he may deem it necessary for the protection of persons or property, and for the preservation of the peace and good order of the said city. He shall preside at all meetings of the city council and shall have the veto power, and may veto any ordinance, order, or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four councilmen on a yea and nay vote duly recorded in the minutes of said council; provided, however, the mayor shall not exercise his power of veto unless he shall reduce the same to writing and file with the city clerk within four days after the passage of the measure vetoed. He

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shall preside over the mayor's court, hereinafter provided for, and shall have the power to punish for contempt, both before the city council and before said mayor's court, by any fine not exceeding $25.00, or imprisonment in the city prison, either or both, in the discretion of the mayor. It shall be the duty of the mayor to preserve the peace, and he shall be ex-officio justice of the peace so far as to enable him to issue and try warrants for criminal offenses committed within the jurisdiction of the city of Lyons. All city employees under the jurisdiction of the mayor and council shall be directly and immediately subject to the mayor. He shall have general supervision of the affairs of said city, and shall have authority to convene the council in extra session whenever he deems it proper so to do. He shall have vested in him all powers and duties as are vested by general law in mayors in this State. Salary and executive powers of mayor. SEC. 15. Be it further enacted, That there shall be a mayor's court in the said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor as often as necessary at the office of said mayor, or, in his discretion, in the city hall in said city. In the absence or disqualification of the mayor, the mayor pro tem. shall preside and hold said court. And in the absence or disqualification of the mayor pro tem. any member of the council elected for the purpose by the council shall hold said court. Said court shall have the power to preserve order and punish for contempt, as hereinbefore provided. Said court is hereby empowered to compel the attendance of witnesses unto that end made by rule for contempt, punish witnesses for failure to obey, for failure to obey the mandates and subp[oelig]nas of the court. Said court shall be authorized and empowered to punish for violations of the laws and ordinances of said city by imprisonment in the city prison for a period not exceeding sixty days; by compelling the defendant, or offender, to labor upon the streets of said city for a period not longer than sixty days; by a fine not exceeding $100.00, and the costs of the court, which fine may be collected by execution, and by any one or more of these punishments, in their discretion. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and marshal of said city are hereby made officers of said court, and shall be entitled to such fees and costs from the losing party as the city council may prescribe. Mayor's court. SEC. 16. Said court shall be conducted in like manner to the

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superior or city courts of this State, so far as the same is practicable, as to rules of evidence, motions, continuances, and other matters pertaining to courts, or for the trial of offenders against the criminal law. When any person, or persons, are brought before said court charged with a violation of any of the ordinances, regulations or rules of said city, and the hearing thereof, for good cause shown by either side, shall be continued to some other time as the court may name, the accused shall be required to give bond and security for his appearance at the time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the court, and upon calling in open court for the securities to produce their principal, which not being done, the bond shall be summarily forfeited and execution issued thereon and levied as any other execution from any of the courts of this State. The clerk of the court shall keep a record of all business transacted by the court, shall issue all executions authorized to be issued by said court, which executions shall bear test in the name of the presiding officer before whom the bond was forfeited. The duties of the clerk and marshal of said court shall be similar, as far as practicable, to the duties of the clerk and sheriff of the superior or city courts of this State. The fees of the city attorney, clerk and marshal of said court shall be such as the mayor and council shall prescribe in each case tried in said court, or otherwise disposed of. Procedure. SEC. 17. Be it further enacted, That all offenders against the laws and ordinances of said city of Lyons shall be tried in the mayor's court upon a written or printed accusation against the accused, in manner and form substantially as follows: State of Georgia, city of Lyons. I, , marshal (or citizen, as the case may be), in the name and behalf of the city of Lyons, charge and accuse with the offense of (stating the offense charged), contrary to the laws and ordinances of said city, the good order, peace and dignity thereof. This day of , 19. This accusation shall be signed by the marshal or citizen making the same in the presence of the mayor or acting mayor, who shall attest the same. The mayor, or acting mayor, may then issue a warrant for the arrest of the accused, which warrant shall be directed to the marshal of said city, his lawful deputies, or any arresting officer of Toombs county; and it is hereby made the duty of any such arresting officer, in whose hands said warrant may be placed, to arrest the accused and bring him before said mayor's court; provided, that nothing

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herein contained shall prevent the marshal, or any officer of said city, from arresting without warrant or accusation any person guilty of violating the ordinances or laws of said city, or any one reasonably suspected of so doing; provided further, that no person so arrested shall be held longer than twenty-four hours unless accusation is made and the accused brought before said mayor's court within that time, except Sundays. Accusstions. SEC. 18. Be it further enacted, That any person convicted before the mayor or other presiding officer of said court, may enter an appeal from the judgment of said court to the city council; provided, the appeal be entered within four days after the judgment complained of is announced; and provided further, that the defendant pays all costs accured in the case and gives bond to abide the final decision, which bond shall be approved by the clerk or marshal. The city council shall, as early thereafter as practicable, hear and determine said case so appealed and shall investigate the case do novo. If they find the defendant guilty, the sentence or judgment of the mayor or presiding officer shall then stand and be enforced. Any person convicted by the mayor's court, or by the council on appeal, may have the right to certiorari to the superior court of Toombs county; provided, all costs are first paid and bond and security given in double the amount of the fine imposed, if a fine is imposed, to answer the final judgment rendered in the case; and provided further, that nothing herein contained shall prevent a defendant who desires to appeal his case to the council or to make application for certiorari, from filing the usual pauper affidavit in lieu of either the giving bond or payment of costs, or both. All such certioraries shall be governed by the same rules of law that govern all other certioraries. For any fine imposed by said mayor's court, the clerk may issue executions against the defendant, to be levied on any of his goods, chattels, lands and tenements, or upon failure to pay the same, the court may sentence such defendant to jail in the city prison, or both may be done. Appeal. Certiorari. SEC. 19. Be it further enacted, That the mayor and council shall establish a city prison in such way and in such place as they may deem expedient; and to this end may buy, build, lease, rent, or otherwise secure a proper house or compartment for the safe imprisonment of all its prisoners. It shall be lawful for said mayor and council to use the common jail of Toombs county, or any compartment of the same, for a city prison, should they deem it desirable so to do; provided, the county authorities shall permit the same to be done. City prison.

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SEC. 20. Be it further enacted, That the mayor of said city shall have the authority, in his court, to bind over or commit to jail offenders against the criminal law of Georgia, whenever in the course of investigation before him, a proper case therefor shall be made out by evidence. Power to bail or commit. SEC. 21. Be it further enacted, That in addition to the other powers especially delegated to the city council by this charter, they shall have power to prevent injury or annoyance to the public or individuals for anything dangerous, offensive, or unwholesome; to protect places of divine worship in said city; to exact licenses and license fees from persons, firms and corporations as a condition to their engaging in business or occupation, or profession within the limits of said city, and to provide for the punishment of those who engage in business within said city without paying such license or fee and otherwise complying with laws of said city; to pass all necessary ordinances and by-laws respecting public buildings and grounds, carriages, wagons, drays, bicycles and wells, and for the presentation and punishment of disorderly conduct and conduct liable to destroy the peace and tranquillity of a citizen, or citizens, thereof, and every other by-law, ordinance and resolution that may seem necessary and proper for the security of the peace, health, order and good government of said city; and to do generally all other acts and things which, in the judgment of said council, will improve the morals, health, comfort, safety and convenience and general welfare of its citizens; provided, that the same are not inconsistent with the laws of this State or of the United States. Police powers. SEC. 22. Be it further enacted, That before any ordinance shall be adopted by the council, it shall be read at two separate meetings of the council; provided, that an ordinance may be adopted at its first reading by unanimous consent of those of the council present, if there be a quorum. That where any ordinance that has been adopted shall become operative and of full force and effect, it shall be spread upon the minutes and posted at two public places in said city, or advertised one time in any newspaper published in said city. No regular form or ordinance shall be required, but such ordinances shall plainly and distinctly set forth the measure, or measures, intended. Ordinances how adopted. SEC. 23. Be it further enacted, That the city council of Lyons 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 or widening of streets, alleys or parks, or for the erection

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thereon of any public buildings necessary for said city or any of its departments, or for the changing of any street, sidewalk, alley or driveway, or for any other public purpose; and whenever city council shall desire to exercise the power granted in this section, it may be done as provided in sections 4657 to 4686, both inclusive, of volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof, and the same may be done whether the land sought to be condemned is in the hands of the owner, or a trustee, executor, administrator, guardian, or other agent or representative, or otherwise, as provided by said sections of the Code. Said council shall have full power and authority to remove, or cause to be removed, any buildings, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, driveways, or other public places in said city, and to enforce all the provisions of this section, as well as any other section of this charter, by appropriate legislation. Streets, etc. SEC. 24. Be it further enacted, That the city council shall have power to require every male inhabitant in said city who, by the laws of Georgia, is subject to be worked on the public roads, to work such length of time on the public streets, sidewalks, alleys, lanes, drive-ways, or other public property of said city as said city council shall direct, in no case to exceed six days for any one year. Said person so subject to be worked on the streets of said city shall have the right to relieve himself of said work by paying commutation or street tax, the amount of which shall be fixed by the council, and which shall in no event exceed the sum of three dollars for any one year, said work to be done and said commutation or street tax to be paid at such time and in such proportions as may be prescribed by the mayor and council. Any person subject to work on the streets who shall fail to work or to pay said commutation tax, after having been duly notified, may be punished in the mayor's court as any other offender against any of the laws or ordinances of said city. Street work or commutation tax. SEC. 25. Be it further enacted, That said city council shall have full power and authority to grant franchises, easements, and rights of way over, in, under and on the public streets, lanes, alleys, sidewalks, drive-ways, or other property of said city, on such terms and conditions as said mayor and council may prescribe. Franchises. SEC. 26. Be it further enacted, That all writs, processes, subp[oelig]nas, summonses, rules of all kinds, and all executions for any and all kinds of taxes, licenses, fines, assessments, forfeitures or demands, assessed by the proper authorities of said city, against

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any person, firm or corporation or company whatsoever, shall be issued and signed by the city clerk and bear test in the name of the mayor of said city, unless otherwise provided, and shall be directed to the marshal of said city and his deputies, and to all and singular the sheriffs and constables of this State, and each and all of said directors are hereby authorized and required to serve and execute the same. Collection of taxes, etc. SEC. 27. Be it further enacted, That all personal property levied upon by virtue of any of the executions or other processes of said city, which shall be within the county of Toombs at the time of such levy, shall be sold at the door of the city hall in said city of Lyons, after advertising such sale for ten days by written notice posted at two public places in said city, which notice shall designate the day and place of sale, a reasonable description of property to be sold and the process under which same has been levied. When real estate in the city of Lyons or the county of Toombs is levied upon by virtue of any of the processes aforesaid, the same shall be sold at the court-house door of Toombs county, and the sale may be made, and deeds to the property executed, by the marshal of said city or the sheriff of said Toombs county, after having advertised the same in the manner provided for sheriffs' sales of land under ordinary executions in this State. In all sales of personal property, the marshal of Lyons, or his deputy, shall conduct said sale in manner, as near as practicable, similar to the sales of personal property by the constables of this State. All sales, made under authority of this charter shall be between the hours of 10 o'clock a. m. and 4 o'clock p. m. and to the highest and best bidder for cash. If a claim shall be filed to any personal property so advertised to be sold, the marshal shall return the execution, together with the claim bond and affidavit, to the justice of the peace for the 1536th district, G. M., of said county, in which district said city is located, where such claim case shall be tried as other claim cases in justice courts of this State; provided, that if the amount of execution levied, exclusive of costs and interest, shall exceed the sum of one hundred dollars, then said marshal shall deliver said execution and said claim paper to the clerk of the superior court of Toombs county, in which court the same shall stand for trial and be tried as other claim cases in the superior courts of this State. In all matters of levy and claim, the general rules of law as to forthcoming and claim bonds, and other things incident to the same, shall prevail. All claims filed to levies upon

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real estate shall be returned to and tried in the superior court of the county wherever such realty is located. Marshal's sales. SEC. 28. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the city of Lyons, the mayor and council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding during any one year one-half of one per cent. of the value of said property, which tax shall not include taxes for school purposes, nor does the same include any tax that may be necessary, in the judgment of the mayor and council, for the purpose of meeting the interest due on any bonds that may be issued by said city, or for providing a sinking fund for the final payment of any such bonds. Ad valorem tax. SEC. 29. Be it further enacted, That said mayor and council shall have power to assess and collect such special tax, as they may deem proper, upon each and every or any business, trade, calling, profession, occupation or establishment carried on within the corporate limits of said city, also upon each itinerant trader, stock dealer or peddler who may do business in said city, also upon any railroad, telephone or telegraph company, fire, life or accident insurance companies, or their agents, express and banking companies or corporations, also upon medicine venders and persons giving theatrical, spectacular, or other like performances, exhibitions and circuses. Specific taxes. SEC. 30. Be it further enacted, That the mayor and council of said city shall have power and authority to provide by ordinance when taxes due said city shall fall due; in what length of time said taxes shall be paid; when tax executions shall issue against defaulters, and to fix a penalty for non-payment of taxes when due; to provide for the receiving of returns of property for taxation, for the appointment of assessors, and any and all other officers they may deem necessary for the purpose of collecting any of the taxes herein allowed; to prescribe the duties of such assessors and other officers; and otherwise to make full and ample provisions, not inconsistent with the laws of Georgia and the United States, for the enforcement and collection of any and all taxes that may become due said city. All such provisions shall be as legal and binding upon the citizens of said city as if the same were incorporated as a part of this charter. Tax regulations. SEC. 31. Be it further enacted, That the city of Lyons may, and is hereby authorized to issue its bonds, either for the payment of its debts, for the erection of public building, or for any

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other public improvement or the maintenance thereof, only under the provisions of sections 377 to 381, inclusive, of volume 1 of the Code of Georgia of 1895. Municipal bonds. SEC. 32. Be it further enacted, That the mayor and council of said city are hereby fully authorized and empowered to pass all such ordinances, orders, rules and regulations as they may deem necessary for the health and comfort of the citizens of said city. They may provide such health officers as they may deem proper, prescribe their duties and powers, and what remuneration they shall receive; and such health officer, or officers, shall have and exercise all such powers and privileges as may be vested in him by said mayor and council by ordinance. Public health. SEC. 33. Be it further enacted, That the mayor and council are hereby authorized to adopt all such ordinances, not in conflict with the laws of this State or the United States, as may be necessary to enforce any of the provisions of this charter, or any other rights and privileges as are usually vested in municipal corporations in this State; provided, that should any provision or provisions, of this charter be in conflict with or in violation of any general law in this State, the latter shall prevail, and such provision, or provisions, shall be of no effect. General powers. SEC. 34. Be it further enacted, That the mayor and council of Lyons are hereby authorized to enforce the collection of any tax that may have been assessed against any person or property by the town of Lyons, where the same has not been paid, and to that end, as soon as this Act shall go into effect, may cause, by motion, the city clerk to issue execution for the same, as hereinbefore provided; and they may punish, as hereinbefore prescribed, any person who shall have failed to pay to the town of Lyons any street tax or to do such street work as may have been assessed against him. Collection of taxes, etc. SEC. 35. Be it further enacted, That the mayor and councilmen of the former town of Lyons, to wit: Thomas J. Parrish, mayor; S. I. Hussey, M. N. Rogers, P. W. Williams, W. P. C. Smith and W. T. China, councilmen, be, and they are, hereby made the mayor and councilmen of the city of Lyons, and they shall continue in office until there successors are elected, qualified and installed, as hereinbefore provided, and they and their successors and associates shall have and exercise all the rights, powers and duties conferred by law upon the mayor and council of said city of Lyons. [Illegible Text] and councilmen appointed. SEC. 36. Be it further enacted, That the mayor and council

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of said city of Lyons are hereby authorized and empowered to use and expend any part or parcel of moneys collected by taxation provided in section 28 of this Act, for the erection of any building, artesian or other well, or for any other public improvement or purpose. Public improvements SEC. 37. Be it further enacted, That all ordinances and laws of the town of Lyons in force at the time the charter of said town of Lyons was abolished shall be and remain in full force and effect until the city council of the city of Lyons shall abolish or repeal the same; provided, the same shall not be in conflict with provisions of this Act. Existing laws. SEC. 38. Be it further enacted, That all laws and parts of laws that would conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1907. LYONS, PUBLIC SCHOOL SYSTEM. No. 98. An Act to establish a system of public schools in the city of Lyons, Toombs county, Georgia, and to provide for the maintenance and support of same by local taxation and otherwise: to provide for the government of the same; to provide for a board of education for said public schools in said city; to authorize and require the county school commissioners of Toombs county to pay over to the treasurer of the board of education for the use of said public school such part of the State school funds as may be the just pro rata share of the said city of Lyons, to be determined by the school census of said city of Lyons, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That there shall be established, conducted, maintained, supported and provided for by local taxation and otherwise, in the manner hereinafter provided in this Act, a system of public schools in and for the city of Lyons, Toombs county, Georgia. Lyons; system of public schools. SEC. 2. Be it further enacted by the authority aforesaid, That in conformity with the provisions of article eight (8), section four (4), paragraph one (1), of the Constitution of the State

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of Georgia, there shall be held in the city of Lyons, within thirty days after the passage of this Act, or as soon thereafter as practicable, an election on the question of local taxation for the support of said system of public schools, and all persons who are qualified to vote for mayor and aldermen, in the last preceding election and those who have become qualified since shall be entitled to vote in this election herein provided. 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 shall have written or printed upon their ballots, Against public schools, and in case two-thirds of the votes cast at said election shall be for public schools, then it shall be the duty of the mayor and aldermen of the city of Lyons annually to raise by taxation a sufficient sum to carry out the purposes of this Act; provided, the same shall not exceed two-fifths of one per cent. on the taxable property of said city, and in the manner hereinafter provided. The said mayor and aldermen shall give public notice of this election once a week for two weeks prior to said election in one of the public gazettes in said city. The returns of said election shall be made to and the result declared by said mayor and aldermen of the city of Lyons. Should this Act fail to receive the necessary two-thirds ([frac23]) of the votes cast at such an election the said mayor and aldermen may submit the same to another election under the same rules and regulations and qualifications after the expiration of six months, and it shall be the duty of the mayor and aldermen to order an election on the written request of thirty qualified voters of said city until said election shall result favorably to public schools. Election for public schools. SEC. 3. Be it further enacted by the authority aforesaid, That P. W. Williams, Peter Clifton, R. L. Page, W. C. Oliver, W. A. McNutt, J. P. Brown, C. A. Rogers and E. P. Bomar are hereby created a board of education for the city of Lyons. 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 or otherwise, and hold the same in trust for the said city of Lyons, with the right to sue and the liability of being sued. Said board of education shall, at the first meeting after the passage of this Act fix a term of office for each member so that three shall expire on the fourth Wednesday in May, 1908, three on the fourth Wednesday in May, 1909, and three on the fourth Wednesday in May, 1910. Upon the expiration of the term of any of said board of education,

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the successors shall be elected by the qualified voters of the city of Lyons. The election for members of the board shall be held on the fourth Wednesday in May in each year. Said election shall be held under the same rules and regulations as elections for mayor and aldermen are held in the city of Lyons, and the qualifications of the voters shall be the same as for mayor and aldermen. If a vacancy happens by resignation or otherwise in said board of education, said vacancy shall be filled by said board for the unexpired term. No one shall be eligible to the office of the membership of said board who is not a bona fide citizen of said city of Lyons, and who is not twenty-one years of age and is not a qualified voter. Board of education. SEC. 4. Be it further enacted by the authority aforesaid, That the officers of said board shall be a president, vice-president, secretary and treasurer. The office of secretary shall be filled by one and the same person, who shall before entering upon 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 said board to faithfully account for all moneys coming into his hands as such officer, which said bond shall be made payable to said board of education, and the said board of education is hereby empowered to bring suit and to maintain the said bond in any courts in this State for the breach of said bond by said secretary and treasurer, and the proceeds of said suit shall be applied to public schools of said city of Lyons. Said secretary and treasurer shall not pay out any money except by order of the board of education. No officer of said board of education shall receive any compensation except the secretary and treasurer, whose compensation shall be fixed by said board of education. His books shall be open for inspection by the members of said board of education or citizens of said city. Said secretary and treasurer may or may not be a member of the board of education. A quorum of said board of education shall consist of a majority of its members. Said board of education shall have regular monthly meetings; the time of said meeting shall be fixed by the board of education and they shall meet as often as the public school interests may require, the president of said board of education having the authority to call a meeting at any time. Their officers shall be elected by ballot and shall hold office for one year and until their successors are elected and qualified. Officers of said board. SEC. 5. Be it enacted, and it is hereby enacted by the authority

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aforesaid, That said board of education shall have authority to establish, and from time to time modify a system of public schools for said city of Lyons, to be opened not less than eight nor not more than ten scholastic months in each year. Said board of education, as soon after this Act is passed as possible, shall make provisions for the opening of said public schools. Said board of education shall have authority to purchase, build, rent and engage buildings for school purposes and to accept gifts and donations of property, money and other things for school purposes under this Act; and all deeds taken to real property shall be to the board of education of the city of Lyons and their successors in office. Said board shall have authority to employ the superintendent and other teachers for said public schools, to prescribe their duties and to suspend or discharge them for good cause; to prescribe the terms upon which pupils shall be admitted in said public schools, and to make such rules and regulations and by-laws as they may deem proper for maintaining a system of public schools for said city. Said board of education shall have the power to fix the compensation of all teachers employed in said schools and pay the same. Said board shall keep the minutes of each meeting, which shall be open to inspection of the citizens of said city of Lyons. Said board of education shall regulate the curriculum and the books to be used in said schools. Powers of said board. SEC. 6. Be it further enacted by the authority aforesaid, That said board of education shall determine as early as practicable of each year, what amount of money shall be necessary to be raised by taxation for the paying of the expenses of said public schools for the ensuing year, and shall lay the same before the mayor and aldermen of said city, and the said mayor and aldermen are hereby authorized and shall be required to levy a tax annually in addition to that now authorized by law on all property in said city not to exceed two-fifths of one per cent. on the same and when collected, the collecting officer of said city shall pay the same over to the treasurer of said board of education to distribute it to the maintenance of said public schools, and to pay out under order of said board under such regulations as they may prescribe. Said taxes shall be collected by levy and sale as other taxes of said city are collected. School tax. SEC. 7. Be it further enacted by the authority aforesaid, That the county school commissioner of Toombs county shall pay over to the treasurer of said board of education the pro rata share of the State and county school funds coming to said city,

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as prorated by the county board of education to other schools in the said county of Toombs. Pro rata share of public school fund SEC. 8. Be it further enacted by the authority aforesaid, That said board of education shall establish separate schools for the white and colored children. The white children shall only be allowed to attend the white schools, and the colored children shall only be allowed to attend the colored schools. That all children between the ages of six and eighteen years, whose parents, guardians, or natural protectors bona fide reside within the incorporate limits of the city of Lyons shall be entitled to the benefits of said public schools, and attend the same free of charge. The board may also admit children to said public schools whose parents, guardians or natural protectors do not reside within the incorporate limits of said city, upon the payment of such tuition as the board of education may prescribe. White and colored schools. Tuition. 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 19, 1907. MACHINERY CITY, INCORPORATED. No. 180. An Act to incorporate Machinery City, in the county of Cobb, define its limits, name its officers and provide for their election; name their powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Machinery City, in the county of Cobb, shall be incorporated under the name and style of Machinery City, by which name it shall sue and be sued, plead and be impleaded. Machinery City, town of incorporated. SEC. 2. Be it further enacted, That the corporate limits of said Machinery City shall be as follows: The boundary on the north shall be the city limits of the city of Marietta, said county, on the west the right of way of the W. A. Railway to a point where said right of way strikes the public road, known as the Marietta waterworks road, and shall follow said Marietta waterworks road to Fair Street road, and thence Fair Street road to city limits

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of Marietta; all the territory within the above described lines, after the passage of this Act, shall be known as the corporate limits of said Machinery City. Corporate limits. SEC. 3. That within six months after the passage of this Act, or so soon thereafter as practicable, or on the first Wednesday in January thereafter, there shall be an election held for the election of a mayor and three councilmen, whose term of office shall expire on the first Wednesday in January, 1910, and the terms of office of all subsequent mayors and councilmen shall be for two years, and all subsequent elections for mayor and council shall occur on the first Wednesday in January two years from the election for said officers, which election shall be held in the same manner as an election for members of the General Assembly in this State, and each person residing within the corporate limits of said Machinery City who shall be qualified to vote for members of the General Assembly shall be qualified to vote in such elections for mayor and councilmen, and the person or persons receiving the highest number of votes for either of the above named offices shall be declared duly elected; provided, the mayor and council shall immediately on their election elect a clerk and marshal, or as soon thereafter as practicable. Election for mayor and councilmen SEC. 4. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to cause to be worked all streets, roads and alleys in said Machinery City by all persons resident therein subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such persons in lieu of road working on said streets, roads or alleys. Said mayor and council shall have power to make any and all by-laws, rules, regulations or ordinances for the government of said Machinery City which are not inconsistent with the Constitution of this State; to punish by fine or imprisonment, or to work on the streets of said Machinery City all persons convicted of violating ordinances of said city, one or all, in the discretion of the Mayor and council; provided, the fine shall not exceed twenty-five ($25.00) dollars, nor the imprisonment or work on the streets for more than fifteen (15) days, in the discretion of the mayor and council. They shall have the power and authority to fix the costs that shall be paid the mayor, clerk and marshal when any person shall be convicted of violating any of the ordinances of said Machinery City; provided, the cost shall be taxed against the person convicted of violating ordinance or ordinances of said Machinery City. Powers of mayor and councilmen

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SEC. 5. 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 22, 1907. MACON, CHARTER AMENDED. No. 100. An Act to amend the charter of the city of Macon so as to authorize and direct the mayor and council of the city of Macon to appropriate certain fixed sums of money for the support of a night school to be kept at one or both of the Macon public libraries on conditions named in the Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the mayor and council of Macon shall be authorized and directed to appropriate and pay to the manager, librarian or assistant librarian of either or both of the Macon public libraries the sum of thirty-five dollars ($35.00) per month for organizing, opening and teaching a night school at either or both of the Macon public libraries on the terms and conditions hereinafter named. Macon; night schools at public libraries. SEC. 2. Be it further enacted, That whenever five hundred persons who are citizens and taxpayers of the city of Macon shall unite with the manager, librarian or assistant librarian of either or both of the Macon public libraries now established and running in Macon, and shall cause to be presented to the mayor and council of Macon a written petition or application bearing the names of these five hundred citizens and taxpayers, which petition shall ask for the opening of a night school at one or both of these public libraries, and for the appropriation of thirty-five dollars ($35.00) per month for the express purpose of paying the salary of one or both of the managers, librarians, or assistant librarians who shall teach one of these night schools at the particular library so applying, it shall be the duty of the mayor and council to at once set aside and appropriate that amount of money each month to be used for that specific purpose and for no other, and that it shall be the duty of the treasurer of the city of Macon to pay this money over to the

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manager, librarian or assistant librarian, who shall open and teach a night school at one or both of these public libraries; and that the treasurer of the city of Macon shall take a receipt from the manager, librarian or assistant librarian, who may teach the night school, for the money so paid them, the form of the receipt to be fixed by the treasurer of the city of Macon, and the same to be taken and used by the treasurer as his voucher for the money so paid out; provided, that no such school or schools shall be established until there shall be at least twenty-five pupils enrolled for such school; and if during any month the average attendance shall fall to fifteen pupils in any such school, then the said school in which the attendance has so fallen shall be closed and the appropriation therefor shall cease; and provided further, that in case neither of the librarians or assistant librarian should care to undertake the work of teaching said night school or schools, then any licensed teacher or graduate of any normal school may be selected by the said mayor and council of the city of Macon to conduct said school or schools. How established and maintained SEC. 3. Be it further enacted, That the manager, librarian or assistant librarian who shall open and teach a night school at one or both of these public libraries, shall before opening the school enter into a written agreement with the mayor and council of the city of Macon, to teach all illiterate men, boys and girls who may apply, and who are of good moral character and over twelve years of age, to read and write, and to furnish these applicants with all necessary books, free of all cost or expense of any kind to the city or the students who may enter and attend the night school. Pupils. SEC. 4. Be it further enacted, That in addition to the furnishing of the books, it shall be the duty of the manager, librarian or assistant librarian who may open and teach one of these night schools, to furnish at his, or her own expense, the fuel, lights and stationery for these schools, so that no incidental expense of any kind shall be charged to the city or to the student attending these night schools. Incidental expenses. SEC. 5. Be it further enacted, That the manager, librarian or assistant librarian who shall have complied with the terms and conditions of this Act for opening a night school, and shall have applied for the appropriation herein provided for in this Act, that before any money is paid to such teacher or teachers, in addition to the written petition or application herein referred to, there shall be placed on file with the mayor and council a written obligation, contract or agreement made and signed by each of these managers, librarians or assistant librarians, who shall undertake to teach these night schools, that the same shall be kept open five (5) nights in each week throughout the entire year, and that for

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every night such school is not kept open, whether from sickness or other cause, the sum of one dollar and seventy-five cents ($1.75) shall be taken from the monthly salary as herein provided for. School sessions. SEC. 6. Be it further enacted, That if at any time it shall be found necessary or expedient that one of these night schools shall be taught at some place in the city of Macon other than at one of these public libraries, that it shall be the duty of the manager, librarian or assistant librarian, or one or both of these schools, to consult the wishes of those who may desire to attend the night school, and if a suitable room can be secured, that it shall be the duty of the teachers of these night schools to divide the time equally between the class at the library building and the class that may wish to be taught at some other place, the true intent and purpose of this Act being, that all the uneducated or illiterate men, boys and girls in Macon who are unable to attend a day school, and who otherwise fall within the provisions of this Act, shall be taught to read and write at these night schools, and that in case all of these illiterate people can not attend the night school at one of the library buildings, they shall be taught at some place more convenient to them, and without any expense to them whatever. School-houses. SEC. 7. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 59 of an Act of the General Assembly of the State of Georgia entitled an Act to create a new charter for the city of Macon, to consolidate the Acts relating to the rights and powers of said corporation, and for other purposes, approved November 21, 1893, be, and the same is, hereby amended by striking from said section the following words in the sixth and seventh lines of said section, to wit: at labor on the public works in the county chaingang for not more than six months, and inserting in lieu thereof the following words: at labor on the public works and streets of the city of Macon for not more than three (3) months, and the said recorder shall have the power and authority to impose an alternative sentence at labor, as herein prescribed, in default of the payment of any fine imposed, so that said section 59 when so amended shall read as follows: Sec. 59. Be it further enacted, That the recorder of said city shall have power to impose fines for the violation of any law or ordinance of the city of Macon passed in accordance with its charter to an amount not to exceed five hundred dollars, to imprison offenders in the city barracks for the space of not more than sixty days, or at labor on the public works and streets of the city of Macon for not more than three months; and the said recorder shall have the

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power and authority to impose an alternative sentence at labor as herein prescribed in default of the payment of any fine imposed. He shall also have the same powers as judges of the superior courts of this State to punish for contempts of officers and others by a fine not to exceed two hundred dollars, and imprisonment in the city barracks not exceeding thirty days, or either or both, in his discretion. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the jail of the county of Bibb, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Punitive powers of recorder. SEC. 8. 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 17, 1907. MACON, CHARTER AMENDED. No. 153. An Act to authorize the mayor and council of the city of Macon to close, to sell and to convey certain portions of streets, lanes and alleys in said city, and to sanction, confirm and ratify conveyances of said streets, lanes and alleys, or parts thereof, as may have heretofore been made and executed by the mayor and council of said 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 the authority of the same, That the mayor and council of the city of Macon, a municipal corporation, be, and they are, hereby authorized and empowered to close, and to grant, bargain, sell and convey to such persons or corporations, and upon such terms as said municipal corporation may deem best, all or any portion of the streets, lanes and alleys situate, lying and being within the following limits of said city, that is to say, within the outline described as commencing at the northwest corner of Sixth and Poplar streets and running thence in a southeasterly direction along the southwest line of Poplar street to a point 25 feet northwest of the southeast line of Seventh

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street; thence in a southwesterly direction with a line 25 feet northwest of and parallel to the southeast line of Seventh street to the north line of Hawthorne street; thence in a southerly direction across Hawthorne street to the northwest corner of Hawthorne and Division streets; thence in a southwesterly direction with the northwest line of Division street to the center line of Tupelo street; thence in a northeasterly direction with the center line of Tupelo street to the southeast line of Hammond street; thence in a southwesterly direction across Hammond street to the northwest line of Hammond street at a point 53.5 feet southwest from the northwest corner of Tupelo and Hammond streets; thence in a southwesterly direction 155 feet along the northwest line of Hammond street; thence in a northwesterly direction at right angles to Hammond street 108 feet; thence in a northeasterly direction with a straight line to the northeast corner of Sixth and Hawthorne streets; thence in a northeasterly direction with the northwest line of Sixth street to the place of beginning at the northwest corner of Sixth and Poplar streets. Macon; authority to sell certain streets, etc. SEC. 2. Be it further enacted by the authority aforesaid, That all sales and conveyances of any streets, lanes and alleys within the limit and area described in section 1 of this Act, heretofore made by the said mayor and council of the city of Macon, be, and they are, hereby sanctioned and confirmed as valid and legal conveyances, so as to fully and effectually vest the title to all such portions of said streets, lanes and alleys so conveyed in the grantee in such deeds or conveyances; provided, however, that nothing in this Act shall ever be construed to grant to the mayor and council the right to sell or convey by encroachment or otherwise any portion of Pine street reserved in the contract with the Central of Georgia Railway Company for a street fifty-four (54) feet in width from Fifth street to the lower end of Seventh street unless a viaduct or underpass shall be authorized and constructed by and with the consent of the mayor and council of the city of Macon. Sales confirmed. 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 22, 1907.

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MARIETTA, CHARTER AMENDED. No. 133. An Act to amend the 20th section of 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, approved August 15, 1904, by inserting in the 20th section of said Act between the words election and for, the same being the first two words on the first line of page 526 of the Acts of 1904, the words, after the expiration of a second term, 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 section 20 of an Act entitled an Act to create a new charter for the city of Marietta, in the county of Cobb, and to consolidate the rights and powers of said corporation, and for other purposes, approved August 15, 1904, be, and the same is, hereby amended by inserting in the 20th section of said Act between the words election and for, the same being the first two words on the first line of page 526 of the Acts of 1904, the words after the expiration of a second term, so that said section when amended shall read as follows: Marietta. Be it further enacted, That the mayor shall be the chief executive officer of said city, and shall have general supervision over all its affairs. He shall sign all deeds and contracts, preside at all meetings of the council, and cast the deciding vote in case of a tie. It shall be his duty to see that the laws of the State and the ordinances of the 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 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 it seems to him to be important to the welfare of the city. He shall receive a salary of not more than five hundred dollars per annum, to be fixed at the first meeting of the new mayor and council. He shall not be eligible to re-election after the expiration of a second term for the next ensuing

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term, or any part thereof. At the first regular meeting after his qualification he shall appoint standing committees, to whom shall be referred such business as the council may deem proper. He shall preside over the mayor's court for the trial of offenders against the ordinances of said city and violations of the laws of said State within the corporate limits of said city. He shall have full power and authority to impose such fines not exceeding one hundred dollars and costs for the violation of any ordinance of said 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 fines 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 peace to issue warrants, try and commit to the superior court of said county for trial all violators of the laws of said State for offenses committed within the corporate limits of said city. The mayor shall perform such other duties as the ordinances of said city shall require, or that the council may refer to him from time to time. Executive powers of mayor. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved August 22, 1907. MAXEYS, INCORPORATED. No. 169. An Act to incorporate the town of Maxeys, in the county of Oglethorpe, State of Georgia; to define the corporate limits; to provide for a municipal government for said town; to confer certain powers and privileges on the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of Maxeys, in the county of Oglethorpe be, and is, incorporated as a town, under the name of the town of Maxeys. Mayeys, town of incorporated.

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SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Maxeys shall extend seven-eighths of a mile in an airline in every direction from the center of the Georgia Railroad depot at Maxeys, Georgia, in the 234th Georgia Militia District, as said depot is now located. Corporate limits. SEC. 3. Be it further enacted, That the municipal authority of said town shall be a mayor and five councilmen, who are hereby constituted a body corporate by the name of the town of Maxeys, and by said name sue and be sued, plead and be impleaded, purchase and hold real estate, necessary to enable them the better to discharge their duties, and needful for the good order, government and welfare of said town, and by said name also shall have perpetual succession. Mayor and councilmen SEC. 4. Be it further enacted, That from and after the passage of this Act, that R. P. Brightwell of said county and of said town, be, and is, hereby constituted and appointed mayor of said town, and A. J. Gillen, E. Cabaniss, W. A. Stewart, T. E. Birchmore and L. Bryant, all of said town, be, and they are, hereby constituted and appointed 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. Appointment. SEC. 5. Be it further enacted, That all persons who have been the 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. Registration, however, is not to be a condition precedent to the right of voting, unless so ordered by council. Voters. SEC. 6. Be it further enacted, That on the first Monday in October, 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 held under such supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. Election of mayor and councilmen SEC. 7. Be it further enacted, That in the event the office of the mayor shall become vacant, or any vacancy shall occur among the councilmen by death, or any other cause, the mayor or, if that office is vacant, the mayor pro tem., or the councilmen, if both of said offices are vacant, shall order an election to fill such vacancy or vacancies, of which election at least ten days' written notice shall be given by posting said notices in three of

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the most public places in said town, or if there is a newspaper published in said town, by publication in said newspaper, such newly-elected person to fill the unexpired term only. Vacancies. SEC. 8. Be it further enacted, That the mayor and councilmen, and such other officers of said town as hereinafter provided for, shall, after election and appointment to his office, and before he shall enter upon the duties thereof, take and subscribe the following oath (which may be administered by any officer authorized by the Code of Georgia to administer oaths): I do solemnly swear, or affirm, that I will faithfully discharge all the duties incumbent upon me as mayor or councilman, or other officer, of the town of Maxeys, 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. Official oath. SEC. 10. Be it further enacted, That any person voting at any election of said town who is not a qualified voter according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1239 of the Penal Code of the State of 1895. Illegal voting. SEC. 11. Be it further enacted, That no person shall be eligible to the position of mayor or councilman of said town unless he is twenty-one years of age, a citizen of the United States and Georgia, and of the county of Oglethorpe, and shall have resided in the town of Maxeys six months previous to the election. Qualifications for office. SEC. 12. 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. Other municipal officers. SEC. 13. 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, and shall have full and complete control of the streets, sidewalks, alleys and squares of said town for the use of the public or any citizen thereof, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets and alleys and for widening sidewalks and alleys of said town; and whenever said mayor and council shall desire to exercise the power and authority granted in this section it may be done whether land sought to be condemned is in the hands of the owner or trustee,

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executor, administrator, agent or guardian, in the manner provided by sections 4657 and 4686 of volume 11, Code 1895, in this State, and Acts amendatory thereof. Said mayor and council shall have full power and authority to remove all buildings, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or other public places in said town. Said mayor and council shall have power 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 provide places for the burial of the dead, and to regulate interments therein; to protect the property and persons of the citizens of said town, and to preserve the peace and good order therein, and to enforce the provisions of this section by appropriate ordinances. Powers of council. SEC. 14. Be it further enacted, That for the purpose of raising revenue for the purpose of the support and maintaining of the town government, the mayor and town council of Maxeys shall have full power and authority and shall prescribe by ordinance for the assessment, levy and collection of any ad valorem tax on real and personal property within the corporate limits of said town, to defray the annual expenses of the town government, said tax not to exceed one per cent., and shall have the right to supervise and revise the returns of both real and personal property, and to double-tax all persons failing or refusing to make returns of their property. Ad valorem tax. SEC. 15. Be it further enacted, That the mayor and council of Maxeys shall have the authority to license, regulate and control all hotels, cafes, restaurants, boarding-houses, livery-stables, hacks, drays and other vehicles, auctioneers, itinerant traders, shows, circuses and exhibitions of all kinds, itinerant lightning-rod dealers, peddlers of all kinds, itinerant dealers in jewelry and all other traveling and itinerant venders of articles, goods, wares and merchandise of every nature whatsoever, pool, billiard, bagatelle, or any other tables kept for profit, shooting galleries, ninepin or tenpin alleys, or any other gaming tables, stand or place for the performance of any game or play, whether played with sticks, balls, rings, or other contrivance; flying-horses, bicycle-shops, skating-rinks, insurance agents, life or fire insurance companies, brokers and agents for any other business whatsoever, dealers in fish, vegetables or any other commodity,

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beef markets and all other establishments, business, calling or avocation not heretofore mentioned, and which under the laws and Constitution of the State of Georgia are subject to license. Licenses. SEC. 16. Be it further enacted, That there shall be a lien on all real estate within the corporate limits of said town for the town taxes assessed thereon, and for all fines and penalties imposed upon the owners thereof by the authorities of said town from the time the same are assessed or imposed, which liens shall have priority over all others except for taxes due the State and county, and they may be enforced in such manner as the mayor and council may provide. Liens for taxes, etc. SEC. 17. Be it further enacted, That the mayor and council of Maxeys shall have the power and authority to levy and collect a street tax in addition to other taxes, a tax not to exceed three dollars upon each and every male person within the corporate limits of said town subject to road duty under the laws; provided, that such person so taxed shall have an opportunity to work on the streets, not exceeding ten 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 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 a resident of said town, so as to subject him to a liability to pay said street tax. Street work or commutation tax. SEC. 18. Be it further enacted, That the mayor and councilmen shall prescribe by ordinance the time and manner in which, and the officer or officers to whom, all property, occupations, etc., shall be returned for taxation by the said town, and it shall be the duty of the assessor, or assessors, to value the real estate for taxation, and to scrutinize carefully each return of property, real or personal, by any taxpayer in the said town, and if in his or their judgment they find the property embraced in the return, or any portion of it, returned below its value, said assessor, or assessors, shall assess the value thereof within fifteen days, or such other time as may be prescribed by the mayor and councilmen. When the assessor, or assessors, shall raise the valuation at which the taxpayer has returned his property, said assessor, or assessors, shall give him written notice of their assessment, to appeal to the mayor and councilmen under such rules and regulations as they may prescribe. Tax returns. SEC. 19. Be it further enacted, That no officer in the town

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shall have any interest in any contract, either directly or indirectly, in which the town is a party; neither shall any member of the board of aldermen be allowed to vote upon any question that he has any personal interest in whatever. Municipal contracts. SEC. 20. Be it further enacted, That the mayor or any member of the board of aldermen upon conviction before said board for neglect of duty, or malpractice in office, may be removed; they shall also be liable to the same punishment as other individuals for violation of any of the ordinances of the town. Malpractice. SEC. 21. Be it further enacted, That the said town shall have the power and right to organize work-gangs and to confine at labor therein persons convicted of violating the ordinances of said town. Workgangs. SEC. 22. 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 all vacancies that may occur in any office that is filled by election by the mayor and councilmen of said town. Mayor pro tem. SEC. 23. 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 necessary; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the payment thereof; and in default of such immediate payment he may imprison the offender, as herein provided. Mayor, powers of SEC. 24. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town for the trial of all offenders against the laws and ordinances of said town, to be held by the mayor in the council chamber as often as necessary. In the absence and disqualification of the mayor, the mayor pro tem. also shall be chosen by the council from their number, shall hold court, and in the absence or disqualification of both the mayor and mayor pro tem., any of the councilmen shall hold said court. Said court shall have the power to preserve order and compel the attendance of witnesses, punish for contempt by imprisonment not exceeding thirty days, or fine not exceeding twenty dollars, one or both. Said mayor shall have full authority upon conviction to sentence any offender to labor upon the streets or public work in said town for a period not exceeding ninety days, or impose a fine not exceeding one

Page 798

hundred dollars, or to sentence said offender to be confined and imprisoned in the guardhouse or other place of confinement in said town for a period not exceeding ninety days; either one or more of said penalties may be imposed, in the discretion of the mayor or acting mayor. Mayor's court. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall be vested with the powers of justices of the peace, so as to enable them, or either of them, to issue warrants, and on examination commit the offender, or offenders, to the guard-house or common jail of Oglethorpe county, or to bail them if the offense be bailable, to appear before the city court or superior court of said county or to discharge the same from custody, as in their discretion the proof warrants, in all cases where the alleged offense was committed within the corporate limits of the town of Maxeys. Authority to bail or commit. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor, or in absence or disqualification of the mayor, the mayor pro tem., or in the absence of the mayor pro tem., any one councilman, while sitting for trial of any cause shall have full power to administer oaths to any and all persons sworn as witnesses in said trial. Witnesses. SEC. 27. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to provide by ordinances for the forfeiture of all bail bonds for the appearance before the mayor's court of said town. Forfeiture of bonds. SEC. 28. Be it further enacted by the authority aforesaid, That any persons convicted in the mayor's court shall have the right, upon payment of costs, to appeal to a full board of council and to certiorari from the decision of said board, as now provided by law. Appeals from mayors' court. SEC. 29. 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 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 said town. Quarantine SEC. 30. Be it further enacted, That they shall have power to enact ordinances in regard to the observance of the Sabbath day (Sunday); to prohibit any and all persons from opening their places of business for the purpose of trade, or making a sale, or plying their usual vocations, cases of emergency, or necessity, or charity, excepted; to prohibit all games or any form

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of amusement within the limits of said town, and not consistent with the proper religious observance of the day. Sunday SEC. 31. They shall have power to regulate the use of firearms, fireworks, or other dangerous annoyances or explosives used in sports, or otherwise, in said town. Explesives SEC. 32. They shall have power to pass all ordinances needful to prevent the blockading of the streets or sidewalks and crossings, including the railroad crossing in said town, and to prevent the hitching or standing of horses, mules, or other animals, except at such places as may be designated. Streets, etc SEC. 33. They shall have power upon the proof of the existence of any house of ill-fame, bawdy-house, lewd or gaming-house, to abate the same by causing the occupants thereof to be forcibly removed after three days' notice, and any property-owner or agent thereof who shall, after notice of the character of the inmates, continue to rent or suffer them to remain on their premises shall, upon conviction before the mayor, be punished as for violation of the ordinances of the town. Police powers. SEC. 34. Be it further enacted, That the said board shall have power and authority to grant franchises to electric light companies, waterworks companies, street railways, telephone, telegraph, or any like corporations desiring to operate their work within the limits of said town. Franchises. SEC. 35. Be it further enacted, That the said mayor and councilmen shall have power to provide and authority to make regulations for guarding against fire and protect the person and property of the citizens. Fire limits. SEC. 36. Be it further enacted by the authority aforesaid, That the power to grant and privilege to sell intoxicating liquors of any kind whatever is expressly denied said mayor and councilmen, and the same shall never be exercised under this charter. Sale of liquor. SEC. 37. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have power to provide by ordinances for the transaction of any business that may come before them at any meeting, whether regular or called, and that all ordinances shall be valid and binding as soon as signed by the mayor or acting mayor and attested by the clerk. Ordinances, etc. SEC. 38. Be it further enacted, That the mayor and councilmen of said town shall have power to make and pass all needful ordinances, orders and by-laws not contrary to the Constitution and laws of Georgia, to carry into effect the foregoing and enumerated powers and all others conferred upon said town, and to this end may prescribe, impose and exact reasonable

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fines, penalties and imprisonment in the town prison, if there be one, for a term not to exceed ninety days. General powers. SEC. 39. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. MAYSVILLE, CHARTER AMENDED. No. 251. An Act to amend the charter of the town of Maysville, so as to authorize the mayor and council of the town of Maysville to call an election and to submit to the qualified voters of said town of Maysville the question of establishing a public school system in said town of Maysville, and to authorize the mayor and council of Maysville to levy and collect a school tax annually for the purpose of establishing and maintaining said system of public schools in said town of Maysville, and for other purposes. Be it enacted, that an Act to amend an Act entitled an Act to incorporate the town of Maysville, in the counties of Jackson and Banks, approved August 18, 1905, shall be, and the same is, hereby amended by adding thereto the following sections: Maysville. SECTION 1. That the mayor and council of the town of Maysville shall have power and authority to levy and collect a tax annually in addition to that already provided for in the charter of the town of Maysville, approved August 18, 1905, said tax not exceeding one-half () of one per centum on all taxable property, real and personal, in said town of Maysville, for the purpose of establishing and maintaining a system of public schools in said town of Maysville; the funds arising from said tax shall be used for no other purpose whatsoever than school purposes, as hereinbefore stated. School tax. SEC. 2. Be it further enacted by the authority aforesaid, That before said public school system shall be adopted in the town of Maysville it shall first be submitted to the qualified voters of said town of Maysville, for which purpose the mayor and council of said town of Maysville are hereby authorized, whenever

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they deem it expedient and proper, to order an election, of which election thirty (30) days' notice shall first be given in a newspaper published in the town of Maysville, if one is published therein, or by posting notices of said election in three or more public places in said town of Maysville, which election shall be held under the same rules and regulations as elections for mayor and council of the town of Maysville are held, and the voters of said town of Maysville shall register for said election in the same manner that voters for the mayor and council of the town of Maysville are required to register, and the qualifications of voters in said election shall be the qualifications for voters in the regular election for mayor and council in said town of Maysville. Those voters who favor said public school system, shall have written or printed on their ballots the words For public schools, and those opposed to public school system shall have written or printed on their ballots the words Against public schools, and if a majority of the ballots in said election be For public schools this section shall immediately become operative and of full force and effect in said town of Maysville. Should the result of the election, hereinbefore provided for, be Against public schools, the mayor and council of said town of Maysville shall not call another election for the same purpose until after the expiration of six (6) months from said election. Election for public schools. SEC. 3. Be it further enacted by the authority aforesaid, That should a system of public schools be established in said town of Maysville, as hereinbefore provided for by the last preceding section of this Act, then, and in that event, the school board, which has already been provided for in section 5, section 6, section 7, section 8, section 9, section 10 and section 11, of the Act approved August 18, 1905, amending the charter of the town of Maysville, shall have full power and authority to establish and to put into force and effect said public school system in the town of Maysville, and shall be clothed with all the rights, powers and privileges granted to said school board of the town of Maysville; and section 5, section 6, section 7, section 8, section 9, section 10 and section 11 of the Act approved August 18, 1905, amending the charter of the town of Maysville are herein re-enacted and made a part of this Act. School board. SEC. 4. Be it further enacted by the authority aforesaid, That when said public school system is adopted by the town of Maysville, said school board of the town of Maysville shall herein-after meet annually and determine what amount of money it will be necessary to raise by taxation to defray the expenses of

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said schools for the ensuing year, and shall lay the same before the mayor and council of said town of Maysville, who shall be required to levy and collect a tax annually of not more than one-half of one per cent., however. Said tax, when so levied and collected, shall be turned over to the treasurer of said town of Maysville, who is also ex-officio treasurer of said school board, and shall be used for the purpose of establishing and maintaining said public school system in said town of Maysville and for no other purpose whatsoever; and said money, when paid over to the treasurer of said school board, shall be paid out by the order of said board, and not otherwise. Amount of tax, how determined, collected and disbursed. 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 22, 1907. MILLEDGEVILLE, CONVEYANCES BY, CONFIRMED. No. 285. An Act to ratify and confirm conveyances, leases and contracts of the mayor and aldermen of the city of Milledgeville, and of the mayor of the city of Milledgeville, whereby heretofore any of the real estate within the corporate limits of the city of Milledgeville, known and distinguished as part of the City Commons, have been conveyed or leased to individuals or corporations. SECTION 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 all deeds, conveyances and leases which have been heretofore at any time made and executed by the mayor and aldermen of the city of Milledgeville, or by the mayor of the city of Milledgeville under the terms of which any part of the lands situate within the corporate limits of the city of Milledgeville, heretofore designated and distinguished as part of the City Commons, have been sold, conveyed or leased to any individual or corporation, be, and the same are, hereby ratified and confirmed, and the title to whatever estate in said realty has been heretofore conveyed by the said mayor and aldermen of the city of Milledgeville, or

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by any mayor of the city of Milledgeville, is hereby declared to be in the grantee in any of said conveyances, their heirs or assigns. Milledgeville. Conveyances of real estate confirmed. 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 22, 1907. MILLEN, CHARTER AMENDED. No. 15. An Act to amend section 1 of an Act entitled 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; to prescribe their powers and duties, and the manner of their election; to declare and define the police powers of said city, and to provide for all matters of municipal concern and cognizance; to provide that all legal and 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 erection and maintenance of a waterworks system and electric light and gas plant, and for other purposes, approved August 21, 1906, so as to change the incorporate limits of the city of Millen from a circle to a square. SECTION 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 mentioned Act be, and the same is, hereby amended as follows: By striking the word of at the beginning of the fourth line of said section, and all the language from said word of down to and including the word less at the beginning of the ninth line of said section, and inserting in lieu thereof the following: Millen. Commencing at a point three-quarters of a mile due north of the Jenkins county court-house, in the county of Jenkins and State of Georgia, and running due east three-quarters of a mile and cornering, then running one and one-half miles due south

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and cornering, then running one and one-half miles due west and cornering, then running one and one-half miles due north and cornering, and then running three-quarters of a mile due east to starting point, thus forming a square, with the Jenkins county court-house in the center; the lot on which said court-house is situated being bounded on the north by Lewis street, on the east by Harvey street, on the south by Winthrope street and on the west by Cleveland street, said lot containing two acres, more or less, so that said section when amended shall read as follows: 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 commencing at a point three-quarters of a mile due north of the Jenkins county court-house, in the county of Jenkins and State of Georgia, and running due east three-quarters of a mile and cornering, then running one and one-half miles due south and cornering, then running one and one-half miles due west and cornering, then running one and one-half miles due north and cornering, and then running three-quarters of a mile due east to starting point, thus forming a square, with the Jenkins county court-house in the center; the lot on which said court-house is situated being bounded on the north by Lewis street, on the east by Harvey street, on the south by Winthrope 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 equity to purchase, have and hold, receive and enjoy, possess and retain, for corporate purposes, any estate or estates, real or personal, of whatsoever kind or nature, within or without the jurisdictional limits of the city of Millen, and may sell or otherwise dispose of same for 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. 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 7, 1907.

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MONTEZUMA, PUBLIC SCHOOLS. No. 110. An Act to amend section 4 of an Act of the General Assembly of Georgia, of 1889, entitled an Act to authorize and empower the mayor and council of the city of Montezuma, in Macon county, to establish and maintain a system of public schools for said city of Montezuma; to elect a board of education, etc., so as to provide a different method of electing of such board of education in case of vacancies therein, and to prescribe the terms of office of the members of such board, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section four (4) of the above recited Act of 1889 be, and the same is, hereby amended by striking out all of said section after the word council, in the seventh line thereof, and inserting in lieu of such stricken part of said section the following: To consist of six (6) members, two of whom shall be elected for one year, two for two years, and two for three years. After said election by the mayor and council, all vacancies occurring in said board of education by expiration of term of office, or otherwise, shall be filled by election by the said mayor and council of the town of Montezuma. All elections to fill vacancies after the said first election by the said mayor and council, except unexpired terms, shall be for three (3) years. Vacancies for unexpired terms shall be filled in the same manner as full terms. Should the board of education from any cause at any time fail or refuse to act, the mayor and council of Montezuma may act as a board of education temporarily, till the difficulty is removed or until a board of education is elected and organized by the said mayor and council, which shall be done as speedily as circumstances will permit; so that said section when so amended shall read as follows: Montezuma Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Montezuma, so soon as this Act by proper vote shall be declared of force, shall elect a board of education, male citizens of said city of Montezuma twenty-one years of age and of good moral character, none of whom shall be mayor, alderman, clerk, treasurer or marshal of Montezuma

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city council, to consist of six members, two of whom shall be elected for one year, two for two years, and two for three years. After said election by the mayor and council, all vacancies occurring in said board of education by expiration of term of office, or otherwise, shall be filled by election by the said mayor and council of the town of Montezuma. All elections to fill vacancies after the said first election by the said mayor and council, except unexpired terms, shall be for three (3) years. Vacancies for unexpired terms shall be filled in the same manner as full terms. Should the board of education, from any cause, at any time, fail or refuse to act, the mayor and council of Montezuma may act as a board of education temporarily, till the difficulty is removed, or until a board of education is elected and organized by the said mayor and council, which shall be done as speedily as circumstances will permit. Board of education. 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 22, 1907. MONTEZUMA, CHARTER AMENDED. No. 227. An Act to amend an Act approved October 24, 1887, entitled an Act to amend an Act entitled an Act to incorporate the town of Montezuma, in the county of Macon, etc., so as to enlarge the powers and to grant additional powers and privileges to said municipal corporation. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section fourteen (14) of the above recited Act, approved October 24, 1887, be, and the same is, hereby amended by adding thereto and at the end thereof the following: That the mayor, or mayor pro tem., when any person or persons shall be arraigned before either of them charged with a violation of any of the ordinances, regulations or rules of said city of Montezuma, may for good cause shown, continue the hearing of such case to such term as may be, in his judgment, proper or convenient; and the accused shall be required to give bond and security for his appearance

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at the appointed time for trial or be imprisoned to await trial; if such bond be given, and the accused shall fail to appear at the time fixed for the trial, the bond may be forefeited by the mayor, or mayor pro tem., and an execution issued thereon; provided, the defendant, if to be found, and his security on such bond shall be served with a notice of such forfeiture at least five days before judgment rendered thereon. That any person convicted before the mayor, or other presiding officer of the mayor's court, may enter an appeal from the judgment of said court to the board of aldermen; provided, such appeal be entered within two days after the judgment complained of is rendered; and provided further, that the defendant shall pay all costs which have accrued in said case, and shall give bond to abide the final judgment in the case, which said bond must be approved by the clerk or the marshal. When any such appeal shall have been so made, the said aldermen shall, as early thereafter as practicable, hear and determine said case, and shall investigate the same as fully as if it had not been tried. They shall have power, if they find the defendant guilty, to fix such punishment as in their discretion shall be proper, regardless of what may have been the judgment of the mayor in such cases; provided, such punishment shall be in accordance with the ordinances of said city of Montezuma. Any defendant desiring to appeal his case to the said aldermen, as herein provided, and who shall be unable, from poverty, to pay the costs, or give the bond and security, as herein required, shall, nevertheless, be allowed to enter such appeal upon making and filing within the time herein prescribed, with the clerk of said town, his affidavit showing such inability. However, such defendant shall not be permitted to be released from custody without the giving of such bond. Montezuma mayor's court. SEC. 2. Be it further enacted by the authority aforesaid, That section twenty-six (26) of said above recited Act be, and the same is, hereby amended by adding thereto and at the end thereof the following: Said mayor and council of the city of Montezuma 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 any changing the streets, lanes and sidewalks of said city, and when the mayor and aldermen of said city shall desire to exercise the power and authority hereby granted, it may be done whether the lands to be condemned are in the hands of an owner, trustee, executor, administrator, guardian or agent, in the manner provided by sections

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4657 and 4658 to and including section 4685 of the Code of Georgia of 1895, and the Acts amendatory thereof. Condemnation for streets, etc. SEC. 3. Be it further enacted by the authority aforesaid, That the caption of said above recited Act, and each section thereof in which the word town appears, be, and the same are, hereby amended by striking therefrom the said word town and inserting in lieu thereof the word city. Corporate name. SEC. 4. Be it further enacted, That section 1 of the above recited Act of 1887 be, and the same is, hereby amended by striking from the sixth line thereof the word four and inserting in lieu thereof the word six, so that said section when so amended will read as follows: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the charter of Montezuma shall be so amended so as to read as follows: That the municipal government of the town of Montezuma shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Montezuma, 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, enjoy, possess and retain to them and their successors, for the use of the town of Montezuma, any estate or estates, real or personal, of whatever kind or nature within the jurisdictional limits of the town of Montezuma, or at other place, or places, outside the corporate limits of the same that the said mayor and aldermen, or a majority of them, may deem best for said corporation, and shall, by the said name, be capable to sue and be sued in any court of law or equity in the State, and shall succeed to all the rights and liabilities of the present corporation of the town of Montezuma, except as otherwise herein provided. Mayor and aldermen. SEC. 5. Be it further enacted, That the above recited Act of 1887 be, and it is, hereby amended by striking out all of section 1 of said Act, and inserting in lieu thereof the following: That an election be held at the council chamber, or such other place as the council may select in the town of Montezuma, on the first Tuesday in January, 1908, and biennially thereafter on said first Tuesday in January, for a mayor to serve for a term of two years, and until his successor is elected and qualified. That at the election held under the provisions of this Act, and the first Tuesday in January, 1908, there shall also be elected four aldermen, three of whom shall serve for a term of two years, and one

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for a term of one year, and until their successors are elected and qualified; and the said aldermen, so elected on the first Tuesday in January, 1908, shall determine by lot among themselves which three shall serve for two years and which one shall serve for one year. After said election on the first Tuesday in January, 1908, there shall be elected annually, on the first Tuesday in January, three aldermen, who shall serve for a term of two years and until their successors are elected and qualified. There shall also be elected at said election on the first Tuesday in January, 1908, and annually thereafter, on the same day, a clerk and treasurer for said town for a term of one year, and until their successors are elected and qualified. Elections of mayor and aldermen. The polls of said election shall be opened at nine o'clock in the forenoon and closed at four o'clock in the afternoon. This amendment, as embodied in this section, shall not interfere in any manner with the terms of office of the present mayor and aldermen and clerk and treasurer of said town of Montezuma, but they shall continue to serve for the term for which they were elected, respectively, and until their respective successors are elected and qualified. 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 22, 1907. MONTICELLO, BOARD OF EDUCATION. No. 275. An Act to create a board of education for the city of Monticello; to prescribe its powers and duties; to provide for the election of members thereof, and 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 there shall be a board of education for the city of Monticello, in Jasper county, which said board shall be composed of five members, each of whom shall be a citizen of the city of Monticello, and to be elected and qualified as hereinafter provided. Monticello; board of education. SEC. 2. Be it further enacted, That within ten days after the

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passage and approval of this Act, it shall be the duty of the mayor of said city of Monticello to call an election to elect the said five members of said board of education; said election to be governed by the same rules and regulations as govern the elections for the mayor and council of said city. No person shall be elected as member of said board at this election, or at any other election held under the provisions of this Act, who is not at the time of his election a citizen of the city of Monticello, and who is not at the time of his election the father or guardian of one or more children between the ages of six and eighteen years. Nor shall any person be elected as a member of said board at this election, or at any other election held under the provisions of this Act, who shall at the time of such election be a member of the city council of Monticello or hold any official position in said city. At said election the five persons receiving the highest number of votes shall be declared by the mayor and council of the city of Monticello to be elected, and shall constitute the said board of education of the city of Monticello. Election for members of board. The official term of office of said board, and of each of the members therof, is to begin on the tenth day of September, 1907, and to continue for the periods hereinafter provided. Two of the members of said board thus elected shall hold office for the period of one year, two of said members shall hold office for the period of two years, and one of said members shall hold office for the period of three years, and immediately after the election of said board the members thereof shall cast lots or otherwise agree among themselves to which member each of these respective terms shall belong. Terms of members. SEC. 3. Be it further enacted by the authority aforesaid, That at the regular election held for mayor and council of the city of Monticello on the first Tuesday in January, 1908, the successors to the two members of said board whose terms expire September 10, 1908, shall be elected, and at each succeding regular elections for mayor and council for the city of Monticello the successors to the member or members whose term expires the succeeding September shall be elected. In each case, the successors elected shall hold office for the same term as their predecessors held same. Election of successors. SEC. 4. Be it further enacted, That in all cases of vacancies which may arise in the membership of said board caused by death, resignation or otherwise of the members thereof, there shall be held a special election by the city council of Monticello for the purpose of filling said vacancy, and the member or members

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thus elected shall hold office only until the next regular election for mayor and council of the city of Monticello, at which time the successor to the member causing the vacancy shall be elected and only for the unexpired term of the member causing the vacancy. Vacancies. SEC. 5. Be it further enacted, That the officers of said board shall be president, vice-president, and a secretary and treasurer, which said officers shall be elected by the members of said board from among their own members, and shall hold office for one year and until their successors have been elected and qualified. Officers of board. SEC. 6. Be it further enacted, That the said board of education shall have entire control of the public schools and school property of the city of Monticello, and shall see to it that the said property shall not be used for any other purpose than for school purposes, except for public entertainment and public or private meetings, under such rules and regulations as the board may prescribe; and when so used for other purposes any revenue which may be derived from such use shall be by said board used for general school purposes, including reparis of said property. Powers of board. SEC. 7. Be it further enacted, That the said board of education shall have the power to pass any rules which it may deem fit and proper for its own government and control, and shall pass any and all rules and regulations which it may deem fit and proper for the government of the schools and for the control of the school property of said city. Said board shall elect the teachers to be employed in teaching in said schools, shall fix their salaries, and shall have the right to discharge any teacher of said schools at any time when in its judgment the interest of the said schools may demand its action. Regulations of board Election and salary of teachers. SEC. 8. Be it further enacted, That the said board shall prescribe the courses of study to be pursued by pupils attending the said schools; shall prescribe the text-books to be used in said schools; shall fix the length of the school session and number of hours to be taught each day, and shall have authority upon the recommendation of the faculty in charge of the said schools, to grant certificates of proficiency or diplomas of graduation to students who shall satisfactorily complete the course of study prescribed therefor, which certificates and diplomas shall be signed by the members of the faculty in charge of the said schools and countersigned by the president and also by the secretary and treasurer of said board. Curriculum and government of schools. SEC. 9. Be it further enacted, That in matters of school discipline

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as to all differences, which may arise between the patrons and the teachers, and also as to all matters of difference between teachers in the said schools, the party or parties feeling themselves aggrieved may appeal such matters to the board for settlement, and the said board shall give such direction in all such matters as the members thereof may deem to be for the best interest of the said schools. Control of board. SEC. 10. Be it further enacted, That said board of education shall have general control, oversight and management of the public schools of said city of Monticello, both white and black, but separate schools shall be maintained for white and black children. General powers of board. SEC. 11. Be it further enacted, That all funds necessary to support and maintain the said public schools of said city shall be raised as follows: (1) The county school commissioner of Jasper county shall from the State school fund pay to the board of education of said city the same amount as is paid to the other schools of Jasper county in proportion to attendance, under the law and rules and regulations of the board of education of Jasper county. (2) The said board of education of said city shall in the early part of each year make an estimate of the amount necessary to be raised that year for the support of the public schools, and place this estimate before the mayor and council of said city. (3) When said estimate is approved by the mayor and council it shall be the duty of the mayor and council in raising the city taxes for the current year to provide for the sum mentioned in the estimate of the board of education as a school fund under the authority given said city council by section 47 of the Act incorporating the city of Monticello, approved December 18, 1901. All school funds thus raised and provided for, both from the county commissioners of Jasper county and from the taxes imposed as aforesaid, shall be turned over to the treasurer of said board of education for the support of the said schools. School fund, how raised. SEC. 12. Be it further enacted, That the members of the said board of education shall serve without compensation save that the secretary and treasurer of said board shall receive such salary as may be determined by said board to be paid out of the school fund in his hands, and such secretary and treasurer shall give a good and sufficient bond for the safe-keeping and disbursement of the funds placed in his charge as said board may determine, the amount of bond and the sufficiency of the security to be judged of by the said board of education; said bond shall be

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made payable to said board of education, which is hereby made a body corporate with power to sue and be sued, contract and be contracted with, and said board is hereby authorized to sue upon said bond to recover for any breach thereof. It shall not be lawful for said treasurer to pay out any funds except by the order of said board. Secretary and treasurer, salary and duties. SEC. 13. Be it further enacted, That it shall be the duty of said board of education at the end of each year to submit to the mayor and council of the city of Monticello a written report of their actions and doings, receipts and disbursements for said year, verified by the secretary and treasurer of said board, which said report shall be published in some newspaper published at the city of Monticello for the information of the citizens of said city. Reports of board. 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 22, 1907. MORELAND, CHARTER AMENDED. No. 48. An Act to amend the charter of the town of Moreland, in the county of Coweta, so as to fix the corporate limits of said town at one-half mile circle, instead of the one-quarter mile circle as at present, from the Atlanta and West Point Railroad station or depot; also to provide city police protection at South View cemetery just outside city limits. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city limits of the town of Moreland, in the county of Coweta, shall be and the same is hereby fixed at one-half mile circle from the Atlanta and West Point Railroad station or depot. Moreland corporate limits. SEC. 2. Be it further enacted, That the mayor and council of said town of Moreland, in the county of Coweta, shall have authority to supply police protection for South View cemetery, which is just outside the city limits, the same as if said cemetery was in the limits of said town of Moreland. South View cemetery. 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 13, 1907.

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MOUNT AIRY, CHARTER AMENDED. No. 29. An Act approved March 3, 1874, also amend an Act approved September 18, 1891, and also to amend an Act approved December 18, 1900; all of said named Acts being the charter of Mount Airy, Georgia, and amendments thereto; to confer additional powers upon the corporate authorities, the mayor and council of Mount Airy; to authorize the mayor and council to issue bonds for school purposes and bonds for the establishment of a system of waterworks and sewerage; to provide for electric lights for said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section one of an Act entitled an Act to amend an Act to incorporate the town of Mount Airy, in the county of Habersham, in the State of Georgia, approved December 18, 1900; the same is hereby amended by repealing all the words in the thirteenth line thereof after the word enacted down to the word where, in the twentieth line, and inserting in lieu thereof the following words, to wit: An annual election shall be held for mayor and council for said town, and at the next regular election for mayor and council for said town and at the regular election for mayor and council, after the passage of this Act, a mayor and five councilmen shall be elected, and the two councilmen receiving the highest number of votes shall hold their office for two years and until their successors are elected and qualified, and the other three councilmen elected shall hold their office for one year and until their successors are elected and qualified, and at the next regular annual election thereafter three councilmen shall be elected, and the two councilmen receiving the highest number of votes at that election shall hold their office for two years and until their successors are elected and qualified, and the other one councilman shall hold his office for one year and until his successor is elected and qualified, and so on, three councilmen being elected at every annual election, so that two of said councilmen shall hold over each year and hold for two years. On the last Saturday in December of each year, at such election, all persons residing within the corporate limits of said town, and who shall have resided therein for six months previous

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to said election, and are qualified to vote for members of the Legislature, shall be qualified voters in such election. Said election shall be conducted at such places within said town as may be selected by the municipal authorities, and shall be controlled in all respects, so far as applicable thereto, by the laws of force regulating the election of members of the General Assembly, except that the result shall be certified by the mayor in office at the time the election takes place, and shall by him be proclaimed to the council then in office, who shall verify the same and make public, through said mayor, the names of the persons elected. Mount Airy. Election of mayor and councilmen Said corporation, under the name and style of mayor and council of Mount Airy, shall have perpetual succession, may have and use a common seal, and shall be capable in law and equity to purchase, have, hold, receive, enjoy, possess, retain and sell for the use of the said town of Mount Airy any estate or estates, real or personal, of whatever kind or nature which may be necessary or proper for the purpose of the incorporation, and by said name shall be capable to sue and be sued in any court of law and equity in this State, and to contract and be contracted with. Corporate powers. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Mount Airy shall have full power and authority to open and condemn land for the purposes of opening streets, alleys, sidewalks and other public passways for said town, or for the purpose of laying out new streets, alleys, sidewalks or other public passways for said town, or for the purpose of widening, straightening, or otherwise changing or altering any street, alley or sidewalk or other public passway in the town of Mount Airy. If the owner, his agent or attorney of the land through which such new street, alley, sidewalk or other public passway is proposed to be opened, or the street, alley, sidewalk or other public passway is proposed to be widened, straightened or otherwise changed or altered, claims that the owner of the land will be damaged thereby, and if the owner of the land, his agent or attorney, and the mayor and council are not able to agree as to the amount of damages that will be due the owner of the land by the opening said public passway, then said mayor and council shall cause to be served by the marshal of said town, on such owner, his agent or attorney, if to be found in the county of Habersham, notice of their intention to condemn such land; if such owner, his agent or attorney, can not be found in the county of Habersham, then without notice

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to proceed to condemn said land. The notice shall give a description of the land sought to be condemned, and also the quantity as near as possible to be taken and the purpose for which it is to be taken, and it shall also state the time and place the proceedings to condemn will be had or applied for, which shall not be less than five days from date of the notice and service or from the date of the search for the owner, his agent or attorney, which service or search shall not be less than five days before the condemnation papers or proceedings are applied for and taken out. The mayor and council shall elect two freeholders of said town to act for them and the owner of the land, his agent or attorney, and the said owner, his agent or attorney may select two freeholders of said town to act for him, and if such owner, his agent or attorney, shall fail or refuse to make a selection of two freeholders to represent him in fixing the damages for said condemnation within five days, then after the expiration of five days from the date of the service of the notice or the search as aforesaid, then the two freeholders selected by the mayor and council shall select another arbitrator and then all of said arbitrators shall be sworn to faithfully and impartially discharge their duties in fixing the damages aforesaid; and it shall be their duty to inspect the land sought to be condemned, and to hear such evidence as may be produced by either party, taking into consideration the enhanced value, if any, on the land by reason of the opening, widening, straightening or otherwise changing or altering of the proposed streets, alleys, sidewalks or other passways, as the case may be. After the arbitrators have fixed the damages they shall file their award with the mayor, which award shall be binding on both parties after five days from the filing of the award in the office of the mayor of Mount Airy, but either party shall have the right of appeal therefrom to the superior court of Habersham county, Georgia, if done within five days after the return to the mayor aforesaid. And the award, when it becomes final, shall operate to pass complete title to the aforesaid corporation of Mount Airy of the land so condemned, and the award may be made the judgment of the superior court of Habersham county aforesaid, and shall be a judgment binding upon all the parties thereto, and may be enforced by execution if necessary to enforce the rights of either or all parties thereto. The mayor and council, upon the payment or bona fide tender of the sum found by the arbitrators to the owner, shall have the right and authority to proceed to open, widen, straighten or otherwise change or alter said street, alley, sidewalk or other passway, not-withstanding

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any appeal by either party to the superior court as aforesaid. Condemnation for streets, etc SEC. 3. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Mount Airy are by this Act authorized and empowered to submit to the voters of said town under the provisions of the Code of Georgia of 1895, sections 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 $20,000.00, and to be sold for the purpose of establishing, furnishing, maintaining, operating and running a school dormitory and other school buildings, equipments and furnishings in the town of Mount Airy aforesaid. Should the said election or any elections on this question herein provided for result in favor of the bonds, then the mayor and council of Mount Airy, after fully complying with the general law above referred to, shall be, and they are, hereby authorized and empowered to issue bonds for said purpose not to exceed in the aggregate $20,000.00, each of said bonds to be in such sums and due on such date as said mayor and council may determine, name or designate. The mayor and council shall give thirty days' notice of said election for the space of thirty days next preceding the day of election in the newspaper in which the sheriff's legal advertisements appear at that time, in the county of Habersham, notifying the qualified voters of said town of Mount Airy that on a day named an election will be held in said town to determine the question whether bonds shall be issued by said mayor and council; which notice shall specify the amount of the bonds proposed to be issued by said mayor and council for said town and for what purpose to be issued, what rate of interest they shall bear, when the interest is to be paid, how much of the principal and interest is to be paid annually, and when said bonds are to be fully paid off. Said election shall be held on the day named in said notice, at the place in said town for holding elections for mayor and council for said town, and shall be governed by the rules and law governing the election for mayor and council of said town; the voting shall be by ballot, the ballots cast at said election shall have the words written or printed thereon, For bonds, or Against bonds, and unless For bonds shall receive two-thirds majority of all the qualified voters of said town of Mount Airy, said bonds shall not be issued, but if For bonds does receive two-thirds majority of the qualified voters at any election on said issue, then said bonds shall be issued. The test of the qualified voters shall be determined from the registration

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list of said town for said election. The result of said election shall be declared as provided for mayor and council for said town of Mount Airy. Election for school bonds. SEC. 4. Be it further enacted by the authority aforesaid, That if, at the first election, held under this provision of the preceding sections, for any of the purposes therein named, the necessary two-thirds of the qualified voters do not give their assent in said election to issuing the bonds specified, then it shall be lawful for the mayor and council, within six months after the election, or any election on this issue, to again submit the question of the issuing of bonds to the qualified voters of said town; the mayor and council shall have the power and authority to submit this question every six months until it carries for bonds. Other elections. SEC. 5. Be it enacted by the authority aforesaid, That the mayor and council of Mount Airy are hereby authorized and empowered by this Act to submit to the qualified voters of said town, under the provision of the Code of Georgia of 1895, sections 377 to 381, inclusive, and the Acts of the General Assembly of 1897, pages 82, 83, 84 and 85, the question of issuing bonds in a sum not exceeding $20,000.00, to be sold for the purpose of establishing, building, maintaining and operating a system of waterworks, sewerage, etc., or a system of electric lights, one or all of said systems, may be submitted to the voters by said mayor and council for the town of Mount Airy, and at said election the voting shall be by ballots, and the ballots shall have written or printed on them the words For waterworks and sewerage and bonds, or Against waterworks and sewerage and bonds, or For electric lights and bonds, as the case may be. The said mayor and council having the right, authority and power to call an election at any time, not oftener than every six months, until the question carries, an election for the qualified voters of said town to vote upon the question of issuing the bonds aforesaid for the purposes aforesaid. Should the result of any of said elections be in favor of waterworks and sewerage and bonds or in favor of electric lights and bonds, or both, as the case may be, then the mayor and council of said town of Mount Airy shall be, and they are, hereby authorized and empowered, by complying with the general law above referred to, to issue bonds for said purpose not exceeding the sum specified in the notice given of said election, which notice must be given at least thirty days next preceding said election, which notice must be published in the newspaper that the sheriff's legal advertisements appear at the time, and the notice must specify the day the election will be

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held, the purpose, the amount of the bonds, the number, the interest they shall bear, when they are to be paid in full, and how much is to be paid of principal and interest annually. Elections for bonds for light and water. SEC. 6. Be it enacted by the authority aforesaid, That the mayor or any member of the town council of the town of Mount Airy may have charges made against them by the other members of the council, and be tried on said charges for neglect of duty, malpractice in office, or other disorderly conduct, or for a violation of the town ordinances of said town, and upon conviction the said council may impose a fine not exceeding fifty dollars or sentence them to work on the streets of said town, and they may also remove them from office, suspend them from the discharging the duties of their office for thirty days, and may impose any or all of said judgments on any one convicted for the above offenses. The mayor or either member of the council shall be liable to punishment as any other citizen of said town for violation of the ordinances of said town. Malpractice. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and council of Mount Airy shall have the right, power and authority to declare what shall be a nuisance, and to provide punishment of persons who may create or continue nuisances; to establish such a system of quarantine, and to make such sanitary regulations within the corporate limits of the town of Mount Airy as may, in their judgment, be best for the prevention, introduction or spreading of any infectious or contagious diseases; to prevent the establishment and continuance of any unwholesome business, offending public health, morals or comfort of any citizen of said town; also to enforce compulsory vaccination upon all persons who reside within the corporate limits of Mount Airy: Nuisances, quarantine, sanitation, etc. SEC. 8. Be it enacted by the authority aforesaid, That any person convicted before the mayor, mayor pro tem., or any member of the council sitting as a mayor's court, may enter an appeal from the judgment of said court to the mayor and council of Mount Airy; provided, the appeal be entered within twenty-four hours, and provided that all costs are first paid and bond with good security be given to abide the judgment of said mayor and council. Any person convicted on such appeal by the mayor and council may have the right of certiorari to the superior court of Habersham county; provided, that all costs are first paid and bond given in double the amount of the fine imposed, with good security, which bond shall be approved by the mayor, for the appearance of the defendant to answer the final judgment of the court; provided, that nothing in this section shall prevent the

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applicant for certiorari from filing the proper pauper affidavit in lieu of the payment of costs or giving bond as now required by law; but in such case the defendant may be required to pay or perform the sentence imposed; in case final judgment should be rendered in favor of the defendant, the said town of Mount Airy shall refund the defendant in the sum he may have paid on such sentence. Mayors court, appeals from Certiorari. SEC. 9. Be it enacted by the authority aforesaid, That the said mayor and council of Mount Airy shall have full power and authority to remove or cause to be removed at the expense of the owner thereof all buildings, porches, steps, fences or other obstructions or nuisances in or near public streets, lanes, alleys, sidewalks, or other public passways in said town which are in use or which have been laid off for use in said town as public streets, lanes, alleys, sidewalks and other public passways; provided, the owner of the abutting property or the owner of the obstruction may remove the same within the time given him by the mayor and council, but in case he does not remove it, the mayor and council shall have the right to remove such obstruction at the expense of the owner of such obstruction, and issue execution against the owner for the expense of removing same, and collect said execution by levy and sale in the same manner as other executions in favor of said town are collected. And the mayor and council of Mount Airy shall have full power and authority to pass all ordinances needful to prevent the obstructing or blockading of the streets, sidewalks, alleys, crossings and all other public passways, including railroad crossings in said town; and to prevent the hitching or standing of horses, mules, or other work animals, except at such places as may be designated by said mayor and council, and shall also have full power and authority to pass all ordinances necessary for the punishment of those violating the above ordinances. Removal of obstructions in streets, etc. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and council of Mount Airy shall have full power and authority to borrow money and to contract for the loan of money or temporary loans to meet casual deficiencies, which contract shall bind the town of Mount Airy for the payment of the same, subject to restrictions of the Constitution of the State of Georgia and Code of 1895 of Georgia, section 5897, subdivision 7. Authority to borrow money. SEC. 11. Be it further enacted by the authority aforesaid, That all orders for the payment of money on contracts, accounts or other indebtedness against said town shall be audited by the

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mayor and council of Mount Airy at a regular meeting of the same, and an order drawn on the treasury in favor of the party to whom the debt is to be paid, which shall be signed by the mayor and clerk of council and endorsed on the back of said order by each member of the council present by writing his name across the same in his own handwriting, which order shall be noted in the minutes, giving name of party in whose favor it is drawn and for what amount. No money shall be drawn from the treasury of said town except in the manner above specified. Disbursements, how made. SEC. 12. Be it further enacted by the authority aforesaid, That should any person fail or refuse to pay the proper authorities of the town of Mount Airy any debt, tax, license, fine or any other indebtedness due said town, the mayor shall issue an execution against said delinquent, debtor, taxpayer, etc., for the amount due by him or her to the town of Mount Airy, which shall be signed by the mayor. Said execution shall bind all the property that said defaulting debtor, taxpayer, or other person owned in said town on the day and date the property was assessed for taxes, if a tax execution, and from the date of the issuing of the fi. fa., if for any other claim or debt. Said execution shall be directed to and enforced by the marshal of said town, who, after levying the same upon the property of the defendant in fi. fa. shall, if the property levied upon be personal, advertise the sale by posting a notice thereof in three of the most public places in said town for ten days before the sale, and if the property be real estate, he shall advertise the same once a week for four weeks in the public gazette in which the sheriff's legal advertisements are published for Habersham county. All such sales shall be made by the marshal of said town before the door of the council chamber of said town within the legal hours prescribed for sheriffs, at public outcry, and when real estate is sold the marshal shall make to the purchaser a deed which shall be as effectual in the passing of the title as sheriff's sales made under execution, and it shall be the duty of the marshal, upon application of the purchaser, his agent or attorney, to put said purchaser, agent or his attorney in peaceable, quiet possession of the real estate sold; provided, said marshal not be authorized to turn any person out of possession other than the defendant in fi. fa., his heirs, tenants, or assignees, since the lien of the fi. fa. attached. The mayor shall be entitled to fifty cents cost in each fi. fa. issued by him, and the marshal shall be entitled to the same fees as are allowed by law to the constables of this State for similar services. Collection of taxes, etc,

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SEC. 13. Be it further enacted by the authority aforesaid, That no person holding office under the municipal government of the town of Mt. Airy shall at any time during the term for which he was elected or appointed, or while in office, be capable of contracting with such corporation, directly or indirectly, or have any interest in a contract for the performance of any work or other contract in which said town is a party, which is to be paid out of the town treasury; nor shall any such person be capable of holding or having any interest in any contract made with said town by himself, his firm or another, directly or indirectly. Municipal contracts. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor and council of Mount Airy shall have authority to fix a fire limit in said town; to prescribe the material to be used in the buildings within said limits; to prescribe the regulations and guarding against damages by fire, and for this purpose shall have the power to prohibit within the fire limits the use of buildings for any purpose that is hazardous without a permit from the mayor and council; to prohibit the building or repairing of any building within said fire limits of material other than prescribed by the mayor and council without permission in writing of said mayor and council, and if any person shall build or repair any building contrary to the above, said mayor and council shall have the power to tear down same or cause the same to be done at the expense of the owner. The mayor and council of Mount Airy shall have power to condemn all unsafe or dangerous structures in said town, or remove or cause the same to be removed at the expense of the owner, after due notice to him to remove the same, and the expenses incurred by the said mayor and council in moving said dangerous structure shall be enforced by execution, and in addition thereto the person may be tried for having and keeping such dangerous structure, and upon conviction may be punished as prescribed by the ordinances of said town. Fire limits. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and council of Mt. Airy shall have authority to control the sale of fresh meats in said town, to regulate the location and use of privies, water-closets, butcher-pens, blacksmithshops, stove chimneys and other like places in said town, and if necessary, to remove or cause to be removed at the expense of the owner any of these that said mayor and council may declare dangerous to the public health or the safety of any citizen of said town, or that may be declared by the mayor and council to be a nuisance, and to enforce the collection of the expense of removal

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by execution as other debts are collected, and to abate any nuisance. Sanitation SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to regulate or prevent the storing or use of dangerous explosives, firearms, fireworks, or any other explosive or annoyance used in sport or otherwise in said town. Explosives. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to establish quarantine regulations against all persons who have been exposed to smallpox, yellow fever, or other contagious or infectious diseases, or against infected locality; to enforce and make effective such rules, regulations, and ordinances in the establishment of quarantine lines, pest-houses, or camps of detention within or without said town as may be necessary. Said mayor and council may, in their discretion, allow any person who has such disease to remain on their own premises at their own expense; provided, suitable and sufficient guards are provided to successfully quarantine such premises. Quarantine etc. SEC. 18. Be it further enacted by the authority aforesaid, That wherever a person is arrested by the marshal of the town of Mount Airy or by any other person or officer acting for said town, and such person so arrested may give bond with good security, conditioned for the faithful appearance of such person to answer such charges as are made or may be made before the mayor or mayor and council for such sum not exceeding $150.00, as may be fixed by the arresting officer, and shall be made payable to the mayor and council of Mount Airy, which bond may be forfeited on the non-appearance of the defendant in the same manner in the mayor's court as penal bonds are forfeited in the superior courts of this State, the mayor acting in place of solicitor in the forfeiting of said bond; and said mayor is hereby empowered to issue scire facias returnable before him not less than ten nor more than twenty days, when any defendant shall fail to appear in terms of his bond, which shall be directed to and served by the marshal or other police officer of said town, and upon the return thereof to enter up judgment against such principal and security upon such bond, if the principal is not produced within said time in terms of said bond, as judgments or forfeitures are entered in the superior courts of this State; and upon such judgment said mayor shall issue an execution which shall be enforced as other executions in favor of said town; provided, that it shall be competent for the arresting officer to

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accept cash in lieu of security on such bond, and upon forfeiture of said bond, and judgment upon said forfeiture, said cash may be applied to the discharge of said judgment. Arrests, etc SEC. 19. Be it further enacted by the authority aforesaid, That the clerk of the council of Mount Airy shall open a registration book at least thirty days prior to any municipal election held for any purpose in said town of Mount Airy for the registration of voters within said corporation, which book shall be kept open each and every day (except Sunday) until ten days preceding the election, when it shall be finally closed. During said time it shall be the duty of such clerk, upon the application of any voter, to register the name of such person, expressing in such registry his age, occupation, business, color and his residence, and the said applicant shall take the following oath to be administered by the said clerk, to wit: You do solemnly swear that you are a citizen of the United States of America, that you will be qualified to vote for a member of the Legislature for Habersham county at the time of the election for which this registration is being held, and that you will have resided six months within the incorporated limits of Mount Airy at the time of said election; that you will be twenty-one years of age by the day of said election; that you have paid all taxes due the town of Mount Airy to date; so help you God. That it shall be the duty of the clerk to arrange the names registered in alphabetical order and to furnish to the superintendents or managers of election the said registration book duly certified as the original registration book. This book shall be kept before said managers of the election and no person shall be entitled to vote whose name does not appear on said registration book. When the election is over such registration book shall be by said managers filed in the office of the clerk of the council, to be by him safely kept. Any person not qualified to vote as aforesaid who shall vote or attempt to vote in any election in said town of Mount Airy, shall be guilty of a misdemeanor, and on conviction, shall be punished as prescribed in section 1039 of the Penal Code of Georgia of 1895. Registration of voters. SEC. 20. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to require all railroad companies having a line of railroad within the corporate imits of Mount Airy to make crossings on the several roads where they cross public streets in said town for the convenience of the traveling public, and to keep the same open for travel, and said mayor and council may by ordinance require said railroad companies to keep said crossings open and clear of

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trains or cars at all times, except from necessity, when said crossings shall not be blockaded for more than five minutes at any one time. And in case said railroad companies shall fail or refuse to make said crossings when notified so to do, the mayor and council shall have the power to build across such railroads proper crossings at the expense of said railroad company, and may issue execution against said railroad company for such expense and collect the same as other fi. fas. in favor of said town are collected. Railroad crossings. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Mount Airy shall make or cause to be made a quarterly statement and account of the financial condition of said town; such statement shall be itemized, stating from whom money received, for what purpose received, date received, and all moneys paid out; said statement shall show when paid out, what amount paid out, to whom paid and for what purpose. Such statement shall also show what amounts are due said town, and the liabilities of the town, and the balance in the treasury, if any. Such quarterly statement shall be published in the newspaper published in said town, if any newspaper is published therein; if not, then published by posting said statement at three or more of the most public places of said town. Publication of financial reports. SEC. 22. Be it further enacted by the authority aforesaid, That the salary of the mayor of Mount Airy, and that the salary of the councilmen shall be fixed by the council for the foregoing year, or for the next year after fixing the said salaries. Salaries. SEC. 23. Be it further enacted by authority aforesaid, That whenever any execution issued by the town authorities of Mount Airv shall be levied upon any property, a claim or illegality may be filed under the same rules and regulations that govern claims and illegalities to justice court fi. fas., and shall be tried in same manner. Claims and illegalities. SEC. 24. Be it further enacted by authority aforesaid, That for the purpose of enabling the members of the council and the citizens of Mount Airy to know at all times the true financial condition of the town, the clerk of the council shall prepare and read at each regular monthly meeting of the council a complete statement of all receipts for the town, who from and for what purpose, and all expenditures of the town, who to and for what purpose, and showing the balance in the treasury, if any, and enter such statement, after being read to the council, upon the minutes of the council, at such regular session. Financial reports of monthly meetings of council.

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SEC. 25. Be it further enacted by the authority aforesaid, That the mayor and council of Mount Airy are authorized and empowered to build sidewalks on any public street, alley or other public passway in said town, and charge the expenses thereof to the abutting landowner, and collect the same by execution as other debts due said town are collected; provided, that the abutting landowner may build said walk at his or her own expense under the direction and supervision of the mayor and council of said town, and according to the plans and material ordered by said mayor and council of Mount Airy. Street improvements SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council may levy and collect a tax upon all real and personal property in said town taxable under the State law; that they may provide for the assessment of the value thereof; and for the collection of said tax, but they shall not collect a tax more than twenty-five cents on one hundred dollars' valuation of property. If the said mayor and council desire to levy a higher rate of taxation they shall submit the same to the registered voters of the town, stating what rate is wanted and for what purpose; and if two-thirds of the registered voters vote for said rate the mayor and council shall have power to levy and collect the same. Taxation. SEC. 27. Be it further enacted by the authority aforesaid, That there shall be no structure or structures of wood, commonly known as wooden frame structure or structures erected within one hundred feet of any building made of brick, stone, or concrete, now erected, or that may hereafter be erected. Structures of wood. SEC. 28. Be it further enacted by the authority aforesaid, That all previous charters and amendments thereto for the town of Mount Airy in conflict with this amendment to the charter of Mount [Illegible Text] by this Act, are hereby repealed. Approved August 12, 1907.

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MOUNTAIN CITY, INCORPORATED. No. 215. An Act to incorporate the town of Mountain City, in Rabun Gap, at the highest point of the Tallulah Falls Railway, in the county of Rabun; to define its corporate limits; to provide for the election or appointment of a mayor and council, and other officers of said town; to define the duties, powers, rights, and liabilities, and provide for laying out streets, roads and pass-ways of said town; to provide for a system of public schools, waterworks, sewerage, drainage, electric lights, and other public improvements and utilities for said town; to provide for the holding of an election, or elections as provided by law to determine the question of creating debt or debts against said town by the issuance of bonds for the erection of school-house or houses, waterworks, sewerage, drainage, or electric lighting system, or for any public improvements, public utilities or systems for said town; to provide for the assessment, levy 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 carry on all kinds of business, trades, professions, shows, exhibitions, entertainments, and all other amusements sought to be carried on in said town; to provide for all matters of municipal government, concern, needs, and requirements, including the right and power to enact ordinances and by-laws not inconsistent with the general laws of the State, for the government 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 village now known as Passover, located in Rabun Gap, at the highest point of the Tallulah Falls Railway, in the county of Rabun, be, and the same is, hereby incorporated under the name and style of the Town of Mountain City, and that the corporate limits of the same shall extend three-fourths of one mile from the center of said Tallulah Falls Railway, where the same passes over the water-shed of the Blue Ridge mountains. Mountain City, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the government of said town shall be vested in a mayor and

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four councilmen, that D. W. Johnson be, and he is, hereby appointed mayor of said town, and J. R. Scruggs, H. B. Dotson, P. D. Queen and Silas B. Dolson be, and they are, hereby appointed councilmen of said town, to hold their offices until their successors shall be duly elected or appointed and qualified, which said election shall be held on the fourth Saturday in December, [Illegible Text] and annually thereafter on said day, and said subsequent officers shall begin their terms of office on January 1st, after said election, unless the same be on Sunday, and in this case, on the Monday following, and hold the same for one year, and until their successors are elected and qualified. Mayor and councilmen appointed. SEC. 3. Be it further enacted by the authority of the same, That the mayor, or mayor pro tempore, whom said mayor and council are hereby authorized to elect from the councilmen so elected or appointed, and two councilmen shall constitute a quorum. or in case of the absence of said mayor and mayor pro tempore, three councilmen shall constitute a quorum for the transaction of any and all business that may come before said body. Quorum of council. SEC. 4. Be it further enacted by the authority aforesaid, That in case of a vacancy by death, resignation, or otherwise, in the office of mayor or councilman, the same shall be filled by appointment by a majority vote of the remaining councilmen, which appointee shall hold his office for and during the current term of office. Vacancies. SEC. 5. Be it further enacted by the authority aforesaid, That no one shall be eligible for mayor or councilman, or entitled to vote in any municipal election of said town, who is not qualified to vote for members of the General Assembly, and who has not been a bona fide resident of said town at least three months just prior to such an election; provided, however, that registration shall not be required unless so ordered by the mayor and council. Qualifications of mayor and councilmen SEC. 6. Be it further enacted by the authority aforesaid, That before entering upon the discharge of the duties of their office, all officers of said town shall take and subscribe to the following oath: I solemnly swear that I will discharge all duties devolving upon me as mayor (or as councilman or other officer, as the case may be), of the town of Mountain City according to the Constitution and laws of the State of Georgia, the ordinances, rules, regulations, and requirements of said town to the best of my skill, ability and understanding, always preserving and maintaining the best interest of said town; so help me God. Which

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oath may be administered by the mayor of said town, or by any one authorized by the laws of this State to administer oaths. Official oath SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to elect or appoint such marshals, clerk, treasurer, or other subordinate officers, as they may deem best for the properly carrying out the powers herein conferred; to prescribe their duties, disabilities and compensations, and to require such bond of them as said mayor and council may see proper, and to pass for the government of said town such ordinances, rules, by-laws and regulations as they may deem fit, which are not repugnant to or in violation of the Constitution and general laws of this State. Subordinate officers. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and council shall by ordinance prescribe penalty, or penalties, for contempt and violations of ordinances, rules, by-laws and regulations of said town not to exceed a fine of $100, imprisonment in the town guardhouse for thirty days, or work on the public streets, roads, alleys, by-ways, or other public works of said town, not to exceed thirty days; any or all of these punishments may be inflicted by and at the discretion of the court so trying the offender. Punitive powers. SEC. 9. Be it further enacted by the authority aforesaid, That the municipal court of said town shall be known as the mayor's court, and shall be presided over by the mayor, or in his absence, or disqualification, by the mayor pro tempore, and in the absence or disqualification of both of said named officers, by any member of the council, in which court all penalties for violations of the town ordinances, rules, by-laws and regulations, and for contempts, shall be inflicted, from which decisions certioraries may be made to the judge of the superior court of Rabun county under laws governing certiorari from municipal courts. Mayor's court. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to lay out, change, make, discontinue, or in any other manner handle the public streets, roads, sidewalks, alleys, or other passways and bridges of said town, and to prescribe for the use of (and use the same) such public funds belonging to said town as the laws will authorize, and to carry out the work herein authorized. Said mayor and council shall require all male residents of said town between the ages of sixteen and fifty years to perform not exceeding fifteen good, honest days of labor on said public ways in each and every year, or said mayor and council may, at their discretion, prescribe a commutation tax in lieu of said labor, not to

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exceed one ($1.00) dollar per day for each day's service required. Streets, etc. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority and power to assess, levy and collect annual ad valorem taxes upon all property, both 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, place and manner for making tax returns and for paying taxes, notices for which shall be given at least two weeks prior to the date so fixed by posting notice thereof at the post-office, or some other public place in said town; the latter, in case said mayor and council shall so desire, to be designated by them and entered upon the minutes of the town council. Said taxes shall not exceed the per centum allowed by the Constitution and general laws of this State, and one-half of one per centum for street and permanent improvements. Ad valorem tax., Said mayor and council shall have power to appoint three discreet, upright and intelligent citizens of said town as tax-assessors, whose duties it shall be to justly assess all property subject to taxation located in said town, and make return thereof to said mayor and council under such rules and regulations as said mayor and council may provide for same. Tax assessors. SEC. 12. Be it further enacted by the authority aforesaid, That in addition to the ad valorem taxes heretofore mentioned, said town authorities shall have power to collect a specific or license tax upon all person, persons, firms or corporations carrying on any business, occupation, profession, calling or avocation within the corporate limits of said town, and said authority shall have power to designate by ordinance, or otherwise, all businesses, occupations, professions, callings, or avocations, on which such specific or license taxes are to be paid, and any person, persons, firms, or corporations, or the agents thereof, failing or refusing to pay such taxes when required to do so shall be punished as hereinbefore provided. Specific taxes. SEC. 13. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to provide for, construct and maintain, a system of sewerage in said town, and for this purpose they are hereby empowered with the right to condemn private lands by paying due compensation therefor, under such rules and regulations as they may deem fit by ordinance; said lands, or sewer-ways, to be within or without said corporate limits. Sewerage.

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SEC. 14. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to create and maintain a public school system in said town, to elect, or appoint, a board of education to properly carry out the same, to build public schoolhouse, or houses, and to order an election to bond the town for the same if they see fit to do so, under such rules and regulations as they, by proper ordinance, in conformity with the general laws of this State, may direct. Public school system. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to maintain a system of waterworks in said town, and to carry out the power herein conferred said mayor and council may order an election, or elections, to bond the said town for this purpose, the same to be ordered and conducted under such rules and regulations as said mayor and council shall by ordinance direct, not inconsistent with the laws of this State. Waterworks. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to construct and maintain a system of electric, or other lighting, in and for said town, and to carry out the power herein conferred they may order an election, or elections, to bond said town for said purposes, the same to be ordered and held under ordinance properly enacted by said mayor and council, and not inconsistent with the laws of this State. Lights. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and council shall not for any one item herein-before named bond said town for an amount greater than $10,000, and they are hereby authorized and empowered with the right and privilege to enact ordinances under which the interest on said bonds shall be duly paid, and the principal thereof when the same becomes due. Municipal bonds. SEC. 18. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to prescribe by ordinance in what cases executions shall be issued, the way and manner in which they shall be attested, and all things pertaining thereto. Executions how issued. SEC. 19. Be it further enacted by the authority aforesaid, That sections 692, 693, 694, 695, 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

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hereof, and the provisions of the same, and the powers conferred thereby are hereby bestowed upon said town of Mountain City, 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. Statutory powers. SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power to define nuisances, and to enact ordinances for abatement in said town. Nuisances. SEC. 21. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power to prescribe a fire-limit in said town, and to pass ordinances governing the same. Fire limits. SEC. 22. Be it further enacted by the authority aforesaid, That any officer authorized to make arrests in said town may, with or without a warrant, arrest any one violating, or accused of violating, any ordinance of said town or the criminal laws of this State, and carry said offender before the mayor's court for trial, and in carrying out this authority said arresting officer may summon any citizen, or citizens, as a posse to assist him in making such arrests. Arrests. SEC. 23. Be it further enacted by the authority aforesaid, That the mayor shall have authority to receive such bond as he may designate for the appearance of any one charged with crime before his court for the appearance of the accused at some future time, and such bond in default of non-compliance with its conditions shall be forfeited under such rules as said mayor and council shall designate by ordinance. Appearance bonds. SEC. 24. Be it further enacted by the authority aforesaid, That the presiding officer of said town shall be ex-officio justice of the peace so far as criminal cases are concerned, and shall have full power to deal with all persons violating the criminal laws of this State within the corporate limits of said town as justices of the peace are authorized to do. Powers of mayor. SEC. 25. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to build a calaboose, or prison-house, in said town and organize a town chaingang, and prescribe by ordinance for their government and use as prisoners of said town. Prison and chain-gang SEC. 26. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to enact all necessary laws for the government of said town, and when so enacted

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they shall have all the force and power of laws specifically designated in this charter. General powers. 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 22, 1907. MULLIS, CHARTER AMENDED. No. 19. An Act to amend the charter of the town of Mullis, in the county of Laurens, so as to give the said town the right of power of eminent domain to change the boundary lines thereof and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 1 of the Act approved August 1, 1906, entitled 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, be amended by adding to section 1 the following: Provided, that no part of land lots Nos. 11 or 20 in the seventeenth (17th) district of said county shall be included in or form any part of said town of Mullis, so that said section 1, when amended, will read as follows: 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 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 he capable to sue and be sued in any court of law and equity in the State, and to sell, alien, or lease any estate, real or personal,

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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; provided, that no part of land lots Nos. 11 or 20 in the seventeenth (17th) district of said county shall be included in or form any part of said town of Mullis. Mullis Corporate powers and limits. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 of said Act be amended as follows: By adding after the word require in the ninth line of said section the words and for this purpose may condemn and take private property, when the same is necessary, under the same rules and regulations that the counties of this State may condemn and take private property for public use, so that said section when amended will read as follows: Be it further enacted by the authority aforesaid, That the mayor and council of the 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 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; and for this purpose may condemn and take private property when the same is necessary, under the same rules and regulations that the counties of this State may condemn and take private property for public use; 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 citizens 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 the said town; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles;

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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 on 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 privyvaults 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 constructions already in existence, or that may be hereafter allowed, and to compel 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. Municipal powers. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 7, 1907. NELSON, CHARTER AMENDED. No. 162. An Act to amend an Act entitled an Act to incorporate the town of Nelson in the counties of Pickens and Cherokee, approved September 10, 1891, so as to amend said Act limiting the authority of the mayor and council to levy and collect license and tax upon business occupations and to fix license to sell spirituous, vinous, malt or intoxicating liquors in said town at five thousand dollars. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That part of section eleven beginning immediately after the word exhibition in line seventeen of said section and ending

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with the words may see proper at the end of line nineteen of same section, shall be struck out and the following substituted in lieu therefor: The mayor and council shall have power and authority to fix and collect a special tax or license on business occupations as follows: Not more than five dollars on each business in which five hundred dollars or less is invested, and not more than five dollars on each additional five hundred dollars capital invested in a business or occupation in said town, so that said section, when so amended, shall read as follows: Be it further enacted, That said mayor and council shall have power and authority, in addition to the ad valorem tax heretofore provided for, to levy and collect a special tax on all billiard tables, pool tables, tenpin alleys, or ninepin alleys and all tables or alleys of any other kind used for the purpose of playing with balls and pins, or both, within said town, and upon all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance by selling cards, tickets or numbers, or when by pitching rings at sticks or knives, or by pointing out cards, pictures, photographs, or by using any other artifice or contrivance whatever. They shall also have authority to levy a tax in such sums as they see proper upon all circuses, sleight-of-hand performances, legerdemain, theatrical exhibitions and other shows which may exhibit in said town, such taxes to be for each exhibition. The mayor and council shall have authority to fix and collect a special tax or license on business occupations as follows: Not more than five dollars on each business in which five hundred dollars or less is invested and not more than five dollars on each additional five hundred dollars capital invested in a business or occupation in said town. Any and all taxes provided for in this section, if not voluntarily paid, may be collected by execution, levy and sale as hereinafter provided for the collection of other taxes. Nelson. Specific taxes. 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 22, 1907.

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NELSON, PUBLIC SCHOOL SYSTEM. No. 155. An Act to create a system of public schools for the town of Nelson, in the counties of Cherokee and Pickens; create a board of education therefor, to define their powers and duties; authorizing the levying and collection of taxes to maintain said schools and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That within thirty days after the passage of this Act, an election shall be called by the mayor and council of the town of Nelson, in the counties of Cherokee and Pickens, to determine the question of establishing and maintaining a system of public schools in said town of Nelson. All persons entitled to vote for mayor and councilmen in said town shall be entitled to vote in said election, and said election shall be held under the same rules and regulations as the municipal elections of said town are held. Notice of said election shall be given by advertisement for at least thirty days in the newspaper in which the legal advertising for said counties of Cherokee and Pickens is made. Those favoring the adoption of a system of public schools for said town shall have on their ballots the words, For public schools, and those opposing the system shall have on their ballots the words, Against public schools. Nelson, election for public schools. SEC. 2. Be it further enacted, That if two-thirds ([frac23]) of the voters of said town voting in such election shall cast their ballots for public schools at said election, then the mayor and council of said town shall, at their next regular meeting thereafter, elect from the freeholders of said town six (6) men, who shall compose the board of education of said town of Nelson. The terms of two of the board shall expire in the year 1909, the terms of two with the year 1911, and two with the year 1913. At the regular December, 1909, meeting of said mayor and council, and biennially thereafter, they shall elect two members of said board, who shall hold office for six years and until their successors are qualified. The members of said board shall be residents of said town and freeholders, and after the first election their terms shall begin and expire with the calendar year. The members of said board shall subscribe an oath on the minutes of the mayor and council to faithfully discharge the

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duties of their office to the best of their ability. When any vacancy shall occur in said board from death, resignation or otherwise, the unexpired term may be filled by the mayor and council at any regular meeting thereafter. Board of education. SEC. 3. Be it further enacted, That said board of education shall be a body politic and shall be known as the board of education of Nelson, by which name it may sue or be sued. Said board is empowered to enact such by-laws, rules and regulations, not inconsistent with the laws of this State or of the United States, for the governing of this board, the teachers and pupils of said schools, as they may deem proper. They are empowered to hold such property, real or personal, as they may acquire by purchase, donation or otherwise. They shall elect from their body a president, who shall exercise such powers and perform such duties as the board may prescribe. They shall also elect a secretary and treasurer, who shall hold their office for two years unless sooner removed. They shall pay such secretary and treasurer such salaries as they may deem just, not exceeding fifty ($50.00) dollars per annum. Said treasurer shall be required to give bond, with good security, in such amount as the board may determine, to be approved by the president thereof, and payable to said board, for the faithful discharge of his duties and the safe-keeping and disbursing of all moneys and other matters entrusted to his care. Said bond shall be recorded on the minutes of said board. The board may remove the secretary or treasurer for any cause at any time, and fill the vacancy therein. The members of the board shall act without compensation. Powers of board. SEC. 4. Be it further enacted, That said board of education shall establish and maintain in said town one or more schools for the education of the children of school age in said town in the elementary branches taught in the public schools of the State of Georgia. They may also operate in connection therewith a high school, in which more advanced studies may be taught. To this end they are empowered to provide by purchase, donation or renting several buildings for said purposes. They are empowered to make such provisions for regulating said schools and dividing them into grades as may be necessary for the best interest of said schools. They shall elect a principal and such other teachers as may be needed to properly carry on the work of said schools. They may provide all other needed and necessary appliances and equipment essential to the successful operation of said schools. Power of oard.

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SEC. 5. Be it further enacted, That all the children between the ages of six and eighteen years, whose parents, guardians, or natural protectors reside within the corporate limits of said city, shall be entitled to the benefits of said schools, but separate schools shall be provided for the different races, and no colored children will be permitted to attend white schools, or vice versa. Said board shall also provide for the admission into said schools of persons over eighteen years of age residing within the corporate limits of said town, and of any persons residing out of the corporate limits of said town who may desire to attend said schools. Said board shall provide for said two last classes of persons such rates of tuition as may seem reasonable and just which must be paid in such way as the board may determine. In addition thereto, said board shall also fix such rates of tuition for resident and non-resident pupils attending the high school of said town, or taking the high school studies, as may seem reasonable and just to said board. Children eligible for admission. SEC. 6. Be it further enacted, That for the year 1907 and 1908 it shall be the duty of the board of education to have prepared and furnish to the county school commissioners of Cherokee and Pickens counties a list of all pupils attending said schools from each of said counties who may be entitled to the benefits of the State school fund, and said school commissioners shall pay over to the treasurer of said board of education such portion of the educational fund of Cherokee county and Pickens county as said pupils are entitled to under the rules of distribution. When the next school census of the State of Georgia and the various municipalities therein shall be taken, the school census of the town of Nelson shall also be taken, and from and after that date, said town of Nelson shall draw its pro rata part of the public school fund of the State directly from the State School Commissioner, and it shall be his duty to pay the same over to the treasurer of said board. The treasurer of said board shall also receive from the mayor and council of said town of Nelson the taxes hereinafter provided to be levied for the support of said schools, together with such tuition as may be collected from the pupils attending said schools, and all other funds belonging to said board of education. Said board of education shall make a report at the end of each scholastic year to the mayor and council of said town, showing the amount of all receipts and disbursements, and from what source received and for what purpose expended. Said board shall also cause to be kept a complete and correct record of

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all its proceedings, which shall be open to public inspection at all times. Pro rata part of public school fund. SEC. 7. Be it further enacted, That if said election shall be for public schools as provided in sections 1 and 2 of this Act, the mayor and council of the town of Nelson shall provide a revenue or fund for the maintenance of said schools equal to one per cent. of the taxable property of said town, or so much thereof as may be necessary. Said mayor and council are authorized to appropriate to said purpose any moneys in hand raised by special taxation or levy of ad valorem taxes which is not needed for the general purposes of said town, and may supplement the same by the levy and collection of direct taxes upon all taxable property in said town, both real and personal, not exceeding one per cent. on the valuation thereof, in addition to that now provided by law to be levied for general purposes, and when said taxes are collected it shall be the duty of the mayor and council to cause the same to be turned over to the treasurer of said board of education to be used in supporting and maintaining said system of public schools. Taxation. SEC. 8. Be it further enacted, That if the result of said election shall be against schools, that the mayor and council of said town are authorized and empowered to order other elections to be held under this Act, not oftener than one per year, until the result is favorable for schools. Elections for schools. 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 22, 1907. NEWBORN, CHARTER AMENDED. No. 49. An Act to amend an Act approved December 15, 1894, to incorporate the town of Newborn, Newton county, Georgia, to provide for the government of the same, to grant certain powers and privileges thereto, and for other purposes, so as to grant to the mayor and council of said town the power and authority to impose, levy, and collect a tax for the support and maintenance of the schools of the said town. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, that section 10 of said Act of incorporation be amended by adding thereto, and as part thereof, the following words, to wit: Said mayor and council may also levy and collect an additional tax, not exceeding one-half of one per cent. per annum on all the taxable property therein that may be taxable by the laws of Georgia, beginning with the year nineteen hundred and seven, and annually thereafter for the support and maintenance of the schools of said town, so that said section, when amended, shall read as follows: Newborn. School tax. Sec. 10. Be it further enacted, That the mayor and councilmen, or a majority of them, shall have full power and authority to impose, levy and collect such taxes upon all real and personal property and on all notes, evidences of debt and other choses in action, held, kept, possessed or owned within the corporate limits of said town, on business and on trades, as they may deem necessary for the support of the government of said town; and they may enforce the collection of said taxes, and also all fines imposed by them in such manner as they by law or ordinance may prescribe. Said mayor and council may also levy and collect an additional tax not exceeding one-half of one per cent. per annum on all the taxable property therein that may be taxable by the laws of Georgia, beginning with the year nineteen hundred and seven, and annually thereafter for the support and maintenance of the schools of said town. They shall also have power and authority to require all persons subject to road duty under the laws of the State to work on the streets, alleys and sidewalks of said town; but they may receive in lieu of said work such commutation fee as said mayor and council may prescribe, which shall be used only in working the streets, alleys, and sidewalks of said town. Taxation. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 13, 1907.

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NEWNAN, CHARTER AMENDED. No. 264. An Act to amend the charter of the city of Newnan, Georgia, so as to expressly authorize the municipal authorities to close up, vacate, abandon, alter or change the direction of Savannah street that lies west of the Atlanta West Point Railroad Company's right of way, at the junction of said street and said right of way and to authorize such part of said street to be used for passenger depot purposes. And to further expressly authorize said municipal authorities to vacate, abandon or close up all of Spring street that lies just east of Perry street, and to authorize the sale 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 charter of the city of Newnan, granted in and by an Act entitled an Act to create a new charter for the city of Newnan, in the county of Coweta, approved December 8, 1893, be, and said charter of the city of Newnan is, hereby amended by adding thereto the following powers, which are hereby granted to said city, to wit: The municipal authorities of said city of Newnan are hereby expressly authorized to close up, vacate, abandon, alter or change the direction of that part of Savannah street that lies west of the Atlanta West Point Railroad Company's right of way at the junction of said street and said right of way in said city, between said right of way and a point where said Savannah street joins Greenville street, or so much of said Savannah street, between said right of way and said Greenville street, as said municipal authorities may deem fit and proper to close up, vacate, abandon, alter, or change the direction of, and said municipal authorities are expressly authorized to allow such part of said Savannah street which they close up, vacate, abandon, alter, or change the direction of, to be used for passenger depot purposes, and may allow said street to be occupied by buildings, offices, tracks, hack stands, or otherwise in connection with said purposes, upon such grade, terms, stipulations and agreements and for such considerations as the municipal authorities may determine; provided, that nothing in this Act shall

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be construed into giving to any person or corporation the right to condemn any of said street. Newna. Savannah street. SEC. 2. Be it further enacted by the authority aforesaid, That said charter of said city of Newnan, approved December 8, 1893, be further amended as follows: The municipal authorities of said city are hereby expressly authorized to close up, vacate or abandon all of Spring street that lies just east of Perry street, and said street when closed up, vacated, or abandoned, may be, by said municipal authorities disposed of, by sale or otherwise, as in their discretion may be for the best interest of the said city. The municipal authorities of said city are hereby expressly authorized to close up, vacate, or abandon that part of Madison street that lies between the eastern and western boundaries of the right of way of the Atlanta West Point Railroad, where the said Monroe street is crossed by the said right of way. Spring street. Madison street. SEC. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this law be, and the same are, hereby repealed. Approved August 22, 1907. NEWNAN, CHARTER AMENDED. No. 279. An Act to amend the charter of the city of Newnan so as to authorize the mayor and aldermen of said city to elect a recorder to preside over the mayor's court, to fix his jurisdiction, term of office, and 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 passage of this Act the charter of the city of Newnan, approved December 8, 1893, be, and the same is, hereby amended so as to authorize the mayor and aldermen of said city to elect a recorder to preside over the mayor's court of said city of Newnan. Newnan, recorder. SEC. 2. Be it further enacted by the authority aforesaid, That the recorder shall be elected by ballot of the mayor and aldermen of said city and shall hold his office for a term of one year, and until his successor is elected and qualified. Election of recorder.

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SEC. 3. Be it further enacted, That the recorder shall have resided in the city of Newnan one year before his election, shall be of good standing and shall receive for his services the sum of three hundred and fifty dollars per annum; which salary shall be paid monthly as other salaries of said city officers are paid. Before entering upon the duties of his office, said recorder shall take and subscribe an oath to faithfully and impartially discharge the duties of his office to the best of his skill and ability. The mayor and aldermen of said city may, if they deem best, elect the city clerk as recorder. The marshal and policemen shall be officers of said court. Qualifications, etc., of recorder SEC. 4. Be it further enacted, That said recorder shall have exclusive jurisdiction of all violations of the ordinances of the city of Newnan and all the duties and powers conferred upon the mayor as presiding judge of the mayor's court by the charter and ordinances of said city are hereby vested exclusively in and delegated to the recorder elected to preside over said mayor's court. In case of the sickness, absence from the city or disqualification of the recorder, the mayor may preside in said court for the purposes stated in this section; should the mayor be ill, absent from the city or disqualified, then the mayor pro tem. shall preside; and should the mayor pro tem. be ill, absent from the city or disqualified, any alderman of said city may preside in said court for the purposes stated in this Act. Jurisdiction of recorder. SEC. 5. Be it further enacted, That the provisions of this Act shall not become operative until the same shall have been ratified by the voters of said city of Newnan as follows: At the next regular election for mayor and aldermen to be held on the first Saturday in December, 1907, the voters favoring the creation of the office of recorder under the provisions of this Act, shall have written or printed on their ballot for municipal officers, the words For recorder; those opposed to the creation of the office will have written or printed on their ballot for municipal officers the words, Against recorder. The election provided for in this section shall be held along with and in the same manner as annual municipal elections and the returns shall be made in the same manner. The result of the election shall be declared by the mayor and aldermen as the result of annual municipal elections are declared. If a majority of those voting in said election shall vote For recorder, then the provisions of this Act shall become effective, and not until then, and the mayor and aldermen at their first regular meeting in

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January, 1908, or as soon thereafter as practicable, shall elect a recorder. Election to ratify this Act. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. NICHOLSON, INCORPORATED. No. 256. An Act to incorporate the town of Nicholson, 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 State of Georgia, and it is hereby enacted by the authority of the same, That the town of Nicholson, in the county of Jackson, State of Georgia, be, and the same is, hereby incorporated under the name and style of Nicholson, 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 Nicholson, any estate, real or personal of whatever kind or nature and shall by the said name of the town of Nicholson, be capable to sue and be sued, plead and be impleaded in any court of law and equity in this State. Nicholson, town of incorporated SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Nicholson shall be in extent one-half mile from the depot in each direction along the railroad, making said town one and one-half miles long and one-quarter of a 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 September, 1902, and every year thereafter, there shall be held in said town an election for mayor and councilmen, who shall hold office for one year, and until

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their successors are elected and qualified. The following named persons, to wit:..... are hereby constituted the officers in charge of said town government. Elections for 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 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. Elections, how held. SEC. 5. Be it further enacted by the authority aforesaid, That in case of a vacancy in any of the offices of mayor 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 offices of mayor and councilmen unless he has been a bona fide resident of said town for there months prior to the election and is a qualified voter. The persons elected shall be notified of their elections by the managers, and they shall, on the following Monday next after the election, or as 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 and councilmen of the town of Nicholson 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 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,

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a town treasurer, and a town marshal, and such policemen as they may deem necessary and proper, and to hold their office for such time and under such rules and regulations as the mayor and councilmen may prescribe in their ordinances. Before entering on the discharge of their 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. Subordinate 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, occupation, theatrical exhibition, 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 they may deem proper; provided, that no tax shall be levied upon persons selling county produce, when the same is grown or produced by the vender or person for whom the vender is acting. Taxation 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 execution 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 the 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. Collection of taxes, etc. 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

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and sidewalks of said town not to exceed five days in each year in said town, or may receive in lieu thereof a commutation tax from such persons not to exceed three dollars a year, and the mayor of said town shall have the same power and authority to punish defaulters as the board of roads and revenues of said county now have. Street work or commutation tax 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 thereof, condemnation proceedings to conform to the Acts of 1894, page 95, embodied in section 4657 et seq. of Code of volume 2. Eminent domain. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have power to prescribe ordinances and adequate penalties for the violation of the ordinances of said town, and to punish offenders by fines not exceeding fifty dollars ($50), 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; 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 the guard-house. Punitive 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 the absence of both to serve, 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 officers of said town. Mayor and mayor pro tem. SEC. 14. Be it further enacted by the authority aforesaid,

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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 nuisances, to protect the public health and promote peace and good order in said town. Municipal powers. 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 liquor. 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. Storage of liquor. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tem., and each and all of the councilmen shall have, and are hereby vested with full power and authority of justices of the peace, to issue warrants against offenders against the lws of this State, to hold courts of inquiry and to commit to jail or bind over such offenders to appear at the proper court having jurisdiction to try such offenders. Arrests. SEC. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. NORMAN PARK, CHARTER AMENDED. No. 120. An Act to amend the charter of the town of Norman Park, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the charter of the town of Norman Park, in Colquitt county. Georgia, be so amended as to authorize the mayor and council

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of said town to levy and collect a tax not exceeding one per cent. upon all property, both real and personal, within the corporate limits of said town, for general purposes, in addition to the tax for school purposes of twenty-five cents on the hundred dollars now provided by said charter. Norman Park. Taxation. SEC. 2. Be it further enacted, That said charter be further amended so that said mayor and council of said town shall have the right to pass ordinances and have the power to enforce same, to take up and impound any horse, mule, asses, cows, hogs, goats, sheep, or other animals running at large in said town, and to make and enforce all ordinances that may be necessary for the regulation and control of such animals in said town, and they shall have the power to levy a tax on each dog in said town, not to exceed one dollar per year, and to enforce said tax as other taxes are enforced; in addition to which they shall have the right to pass ordinances ordering the police officers of said town to impound or kill all dogs for which the tax be not paid. Stock law. SEC. 3. 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 22, 1907. NORRISTOWN, INCORPORATED. No. 63. An Act to incorporate the town of Norristown, in the county of Emanuel, 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 Norristown, in Emanuel county, Georgia, is hereby incorporated as a town, under the name and style of Norristown. Norristown town of incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend in all directions one-half mile from the Brewton and Pineora railway depot in said town. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town consist of a mayor and five councilmen, who are hereby constituted a body corporate under the name and

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style of the town of Norristown, 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 councilmen SEC. 4. Be it further enacted, That W. R. Laird be, and is, hereby appointed mayor, and J. W. Smith, Geo. A. Ricks, E. M. Veals, A. M. Thigpen and Mack Rich are hereby appointed aldermen of said town of Norristown, to hold office until the next and first annual election as herein provided. Mayor and councilmen appointed. SEC. 5. Be it further enacted, That on the first Wednesday in January, 1908, 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 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 office, 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. Election of successors. 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. Official oath. 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,

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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. Punitive powers. SEC. 9. Be it further enacted, That the mayor and aldermen 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 and pro tem., duties, etc. 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. Executive powers of mayor. 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 16, 1907.

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OAKLAND CITY, CHARTER AMENDED. No. 261. An Act to amend the charter of the town of Oakland City, approved December 12, 1894, and the Acts amendatory thereof, so as to authorize and empower the mayor and council of Oakland City to make an assessment of the various lots of land and lot-owners in said town for sanitary purposes; to provide that such assessment shall be a lien on the lots against which assessment is made, and to provide the manner of the collection of such assessment, 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 town of Oakland City, approved December 12, 1894, and the Acts amendatory thereof be, and the same are, hereby amended as follows: The mayor and council of said town are hereby authorized to make an assessment of the various lots of land and lot-owners in said town for sanitary purposes not to exceed three dollars per annum on each lot assessed, and said mayor and general council are hereby authorized and empowered to collect the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said town; the amount so collected to be used for sanitary purposes only. Said mayor and council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no lot shall be less than twenty-five feet front; provided, that the assessments provided for herein shall not be made on vacant lots; and residence lots shall not be subdivided for assessment, except where the residence lots have two or more houses used, or intended for use, as separate tenements built upon them, in which case the sanitary assessment may be levied against the lot for each house situated thereon. Oakland City. Sanitation tax. 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 22, 1907.

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OCHLOCKNEE, CHARTER AMENDED. No. 193. An Act to amend, consolidate and supersede all former Acts incorporating the town of Ochlocknee, in Thomas county, Georgia; to create a new charter and municipal government for said corporation; to prescribe its rights, privileges and powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after passage of this Act the inhabitants of the territory embraced within the area of a circle having a radius of three-fourths of a mile, the center of said circle being the present site of the depot or station of the Atlantic Coast Line railroad at Ochlocknee, Thomas county, Georgia, be, and are, hereby incorporated under the corporate name and style of the town of Ochlocknee, and the said town is hereby chartered and made a town with territorial limits as aforesaid under the corporate name of the town of Ochlocknee, and by such name shall have perpetual succession, and is hereby vested with all rights, powers and privileges incident to a municipal corporation in this State; and the town of Ochlochnee shall be liable for all undertakings, contracts and torts of the town of Ochlocknee heretofore incorporated, as well as succeed to all rights, property and interest of the same; and the said corporation hereby created shall have the right by its corporate name to sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and exact through its mayor and councilmen such ordinances, rules and regulations for the transaction of its business and the welfare and proper government of said town as said mayor and councilmen may deem best, and which shall be consistent with the laws of the State of Georgia and of the United States; and the said town of Ochlocknee hereby created shall have the right and power to purchase, hold, rent, lease, sell, exchange, possess and retain any interest or property in perpetuity, or for a term, within or without the territorial limits of said town, for corporate purposes. Ochlocknee corporate limits and powers. SEC. 2. Be it further enacted, That the municipal government of said town of Ochlocknee shall consist of a mayor and four councilmen, holding office for one year and from January 1st

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to January 1st. Said mayor and councilmen to be elected annually on the third Saturday in December of each year by the inhabitants, who shall have resided in said town for six months previous to the election in which they seek to vote and who are qualified to vote for members of the General Assembly of Georgia; the election to be held by a justice of the peace and two freeholders or three freeholders, selected by the outgoing mayor and council, and upon the third Saturday of December each year as aforesaid. Said election managers will proceed to hold the election, votes to be cast by ballot, and polls to be open for at least six hours between day and dark, which ballots the managers will count and will declare those having a plurality of ballots elected to the office for the term for which they were voted, and the certificate of the managers shall be sufficient authority for the assumption of the municipal government by its newly-elected officers on the first day of the said succeeding January (or if the first day fell on Sunday, then the day thereafter), and the officers so elected shall hold office during the term for which they were elected, which term shall expire on the following January 1st, on which day they shall turn over the government to their successors in office; provided, that they shall hold office until their successors shall qualify in office. Mayor and councilmen SEC. 3. Be it further enacted, That from and after the passage of this Act and until the next officers elected at the next regular municipal election in the town of Ochlocknee are qualified and have been placed in office, that L. R. Sills shall be mayor, and R. Singletary, B. Singletary, J. H. Brown and T. A. Bulloch shall be councilmen of the said town of Ochlocknee and shall exercise such authority as is provided in this Act for the mayor and councilmen of the town of Ochlocknee. Mayor and councilmen appointed. SEC. 4. Be it further enacted, That the mayor and councilmen of the town of Ochlocknee shall fill all vacancies, select a mayor pro tem., when the mayor is disqualified, incapacitated or absent. They shall elect a clerk, treasurer, police officers, marshal and such other officers and servants from among themselves or otherwise and provide for their payment, as well as the payment of election managers. But it shall not be obligatory upon the mayor and councilmen to elect any officer or servants unless they see fit. They shall further provide for the meeting of all current expenses and the payment of just debts of said corporation. The mayor and two councilmen, or three councilmen without the mayor, shall constitute a quorum and shall exercise such authority as is delegated by this Act to the

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town of Ochlocknee or the mayor and councilmen of the town of Ochlocknee. Vacancies, subordinate officers, etc. SEC. 5. Be it further enacted, That the mayor shall be chief executive officer of the corporation hereby created and shall have all the rights and privileges incident to his office, except the right to veto. He shall see that all laws, ordinances and regulations of said town are enforced; that officers and servants perform their duties, and he shall recommend to council the discharge of any officer or servant failing to do his duty. He shall be the proper official to sign contracts binding on said corporation. Powers of mayor. SEC. 6. Be it further enacted, That the mayor and councilmen may remove from office any officer or servant elected by themselves at any time they think the best interest of the municipality demands. They may also remove from office any one of themselves, whether mayor or councilman, by unanimous vote of the remainder of the body, when the exigency of the case demands such a course of action. Removal of officers. SEC. 7. Be it further enacted, That the mayor, or in his absence or disqualification, the mayor pro tem., shall preside over a court to be called a police court for the trial of offenders against the laws and ordinances of said town. Said court to be in session as often as necessary. Said court shall compel the attendance of witnesses when necessary, preserve order, compel the production of evidence in court, and punish for contempt by imprisonment not to exceed five days and fine not to exceed five dollars, either or both. It shall be the duty of said court to punish for violations of the charter or ordinances of the town of Ochlocknee by fine not to exceed one hundred dollars, or imprisonment or labor on public works of the town not to exceed sixty days, either one or all of these punishments may be inflicted and the fines may be collected by execution. Police court. SEC. 8. Be it further enacted, That in case an offense is committed amounting to a breach of the State law that the mayor (or mayor pro tem., as the case may be) shall commit the offender to the county jail, or require bond for his appearance to the proper court. Appearance bonds. SEC. 9. Be it further enacted, That the mayor and council of said town of Ochlocknee shall have the power to authorize their marshal and policeman to make such arrests for the violation of any ordinances as seems necessary for the preservation of peace and the enforcement of the laws and ordinances of said town. The marshal and policemen of said town of Ochlocknee are authorized to the same extent as sheriffs of this State to

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execute warrants placed in their hands on person or persons charged with violating the criminal laws of this State. Said marshal and policemen are not empowered, however, to make arrests beyond the territorial limits hereinbefore described. Arrests. SEC. 10. Be it further enacted, That the mayor and councilmen of the town of Ochlocknee shall have the power to organize a work-gang, to provide an overseer for said gang, and to confine thereon persons sentenced by the police court to public work, and shall have the power to provide for the keeping and confinement of said work-gang and to enforce other rules concerning the same through the proper officers of the town. Work-gang SEC. 11. Be it further enacted, That the mayor or mayor pro tem., may take appearance bonds to insure the presence of offenders to police court and if such bonds be given and the accused fails to appear at the time fixed for trial, an execution may be issued thereon, said execution to be levied, if not paid, by marshal or policeman as is hereinafter provided. Appearance bonds SEC. 12. Be it further enacted, That for the purpose of raising revenue for the support of the municipal government, for the meeting of its just debts and obligations, the mayor and council of said town shall have full power and authority for assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debts and every species of property, said tax not to exceed one per cent. Ad valorem tax. Said mayor and council of the town of Ochlocknee shall have power and authority to provide for the return of all taxable property and to provide penalties for neglect or refusal to comply with the same, and said mayor and council shall have authority to scrutinize said tax returns and raise or lower them, demand the taxes due thereon, and enforce their collection by execution. Tax returns SEC. 13. Be it further enacted, That the mayor and council shall have power and authority to prescribe a vocation and professional tax upon any and all persons who are engaged in any business, trade or profession within the limits of said town and shall have authority to provide a penalty for the failure of any one to comply with the said vocation tax. Specific taxes. SEC. 14. Be it further enacted, That said mayor and councilmen shall never have power or authority to license or permit the sale of whisky, gin, rum, or any other intoxicating liquors or drinks. Sale of liquor.

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SEC. 15. Be it further enacted, That said mayor and councilmen shall have authority to license any show, flying-jennies, circuses or institutions of like character and provide a penalty for failure to comply with the rules and regulations made for the control of such institutions. Licenses. SEC. 16. Be it further enacted, That the mayor and councilmen of Ochlocknee shall have power and authority to condemn private property for public purposes, such as the opening or establishing of new streets, ditches or drains, or the widening or otherwise altering of streets, ditches, or drains. Said town shall pay just compensation to the owners of condemned property when said owners shall show that they are damaged by the action of the town; the amount of damages to be fixed by a committee of three arbitrators, one of whom shall be chosen by the mayor of the said town, one by the owner of the condemned property in dispute, and the two thus chosen shall select a third member of the committee. It shall be the duty of the committee of arbitrators to consider all facts of the case and to render a fair and impartial verdict, and their decision shall be final. Eminent domain. SEC. 17. Be it further enacted, That the mayor and councilmen may enact an ordinance laying out a fire district of said town of Ochlocknee, and enlarge, change and modify its limits from time to time, to prescribe the material for buildings within said limits, the covering used thereon, the manner in which chimneys, stove-pipes and flues shall be built, and to impose such duties upon those erecting buildings or covering buildings within said district as to minimize the danger from fire. They shall further have the right to prescribe the material for the repair or remodeling of buildings within the fire limits, and if their ordinances for the protection of the town from fire as contemplated in this section are not carried out, they may so alter or arrange the buildings within the fire limits as safety from fire demands, at the expense of the owner, which expense may be collected by execution. Fire district. SEC. 18. Be it further enacted, That said mayor and councilmen shall have authority to buy or erect a suitable court-house, town hall, council chamber, and a town jail, and shall provide to meet the expenses incurred in such undertakings by a tax not to exceed one per cent., and said mayor and councilmen may incur temporary indebtedness, in order to accomplish the object of this section. Municipal buildings. SEC. 19. Be it further enacted, That said mayor and councilmen

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of the town of Ochlocknee may provide for a cemetery or public burying place within or without the town of Ochlocknee, to regulate the interment therein, and expend sufficient means in keeping said cemetery. Cemetery. SEC. 20. Be it further enacted, That said mayor and councilmen of the town of Ochlocknee shall have authority to offer and pay rewards for the detection or capture of any one violating the laws or ordinances of said town. Said mayor and councilmen shall have authority to provide fees for officers and servants of the town. Rewards for fugitives and fees of officers. SEC. 21. Be it further enacted, That all executions in favor of said town for the enforcement and collection of any fines, forfeitures, assessment, taxes or other claims, 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 the said town of Ochlocknee, 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 councilmen of said town of Ochlocknee 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 execution, in the same manner respectively as sheriffs' sales of real property or constables' sales of personal are required by law to be made. All of said sales to be within the usual hours of sale of sheriffs and constables and to be made under the same rules and regulations as govern sheriffs' and constables' sales of similar property; that the time and manner of sales 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. 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 execution 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 force and effect of sales and conveyances made by the sheriffs of this State, and the officers making the sale shall have the same power as the sheriffs to put purchasers in possession of the property

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sold by them. The mayor and councilmen will prescribe a place for legal sales aforesaid. Collection of taxes, etc. SEC. 22. Be it further enacted, That the mayor and councilmen of the town of Ochlocknee may compel the residents of said town who would otherwise be subject to road duties under the laws of Georgia, to work on the streets of said town not to exceed six days in each year on the work-gang of said town, or otherwise if desired, or pay a commutation tax in lieu thereof not to exceed three dollars. If any fails or refuses to comply with the provisions of this section, he shall be deemed guilty of the violation of this section and upon conviction in police court of said town shall be treated as hereinbefore prescribed for violations of the laws and ordinances of said town. Street work or commutation tax. SEC. 23. Be it further enacted, That the mayor and councilmen shall have the power to pass ordinances and regulations against idlers and vagrants, or loiterers within the corporate limits of said town. Vagrancy. SEC. 24. Be it further enacted, That the mayor and councilmen of said town shall have the power to impose a tax not to exceed one dollar per annum upon dogs; cows, hogs, chickens and other domestic animals running at large in said town whenever it shall deem proper by ordinance so to do, and enforce same by execution. Stock law, SEC. 25. Be it further enacted, That the mayor and councilmen of the town Ochlocknee shall have the power and authority to pass such ordinances as they may deem necessary for the protection of shade trees within the limits of said town. Shade trees. SEC. 26. Be it further enacted, That the mayor and councilmen shall have authority to prevent obstructing of any sidewalks and streets of said town, and by its officers to abate any nuisance repugnant to the general welfare of the town. Nuisances. SEC. 27. Be it further enacted, That the mayor and councilmen of the town of Ochlocknee shall have the right to levy a tax not to exceed one per cent. for the raising of revenue for school purposes, to establish public schools within its territorial limits, to make rules and regulations governing the same, and to receive the pro rata of the State funds to which the children of school age would be entitled if the school was supported by the county. School tax. SEC. 28. Be it further enacted, That the mayor and council aforesaid shall have all the rights and authority not specially given in this Act as may be legally enjoyed by such officers of municipal corporations of the State. General powers.

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SEC. 29. Be it further enacted, That authority to carry out all ordinances, and to provide penalties for violation of said ordinances whenever in their discretion the mayor and councilmen may deem it necessary, and all further power granted to said town of Ochlocknee as created by this Act, is hereby expressly conferred on the mayor and councilmen of said town and their successors. Punitive powers. SEC. 30. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the town of Ochlocknee and conferring powers on the same, are hereby consolidated by this Act, and all provisions of the former Acts aforesaid, or any other Act or law which is inconsistent and at variance with this Act, are hereby repealed, and all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 22, 1907. OCILLA, CHARTER AMENDED. No. 222. An Act to amend an Act incorporating the city of Ocilla, in Irwin county, Georgia, approved December 18, 1902, and as amended by an Act approved August 23, 1905, to provide for extending the corporate limits and boundaries 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 from and after the passage of this Act the charter of the city of Ocilla, Georgia, approved on the 18th day of December, 1902, and as amended by an Act approved on the 23d day of August, 1905, be, and the same is, hereby amended as follows, to wit: By repealing and striking all of section one of said amending Act approved August 23, 1905, that appears in said amending Act after the word, to wit: in the ninth line of said section one, and insert the following description, lines and directions as the corporate limits or boundary lines of said city of Ocilla, Georgia: Beginning at the northeast corner of lot of land number forty-two, situate in the fifth land district of Irwin county, Georgia; thence to run south along original land lot line of said lot number forty-two to the south-east corner of the same, thence to run west along the southern original land lot line of said lot of land number forty-two to

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the southwest corner of the same; thence to run south along the dividing original land lot lines of lots of land numbers fifty and fifty-one, in said fifth land district of Irwin county, Georgia, a distance of two hundred and eighty (280) yards south of the southwest corner of said lot of land number forty-two to the south side of Paulk street as shown on the map and survey of said city; thence to run due west a distance of five hundred and fifteen yards to the east side of Apple street as shown on the map of said city; thence to run north along the east side of Apple street a distance of two hundred and forty yards to the south side of First street as shown on the map of said city; thence to run west along the south side of First street a distance of two hundred and sixty yards, more or less, to the west side of Almond street as shown on the map of said city; thence to run north along the west side of Almond street a distance of one-hundred and twenty-one yards to the south side of Second street, thence to run west along the south side of Second street a distance of two hundred and forty-two yards, more or less, to the west side of Arborvitae street as shown on the map and survey of said city; thence to run north along the west side of said Arborvitae street extended northerly in a straight line through lot of land number forth-three in said fifth land district of Irwin county and across the right of way of the Atlanta, Birmingham and Atlantic Railroad Company to the north side of said railroad right of way; thence to run in an easterly direction along the north side of the right of way of said Atlanta, Birmingham and Atlantic Railroad Company to the west of Quincy avenue, the same being a point three hundred and twenty yards west of the east original land lot line of said lot of land number forty-three, in the fifth land district of Irwin county; thence to run in a northerly direction along the west side of said Quincy avenue as shown on the map and survey of the Henderson Heights addition to said city, a distance of two hundred and seventy-one yards; thence to run east a distance of four hundred and twenty-seven yards to the west side of Irwin avenue; thence to run north along the west side of Irwin avenue to the right of way of the Seaboard Air Line Railway Company; thence to run in a northerly direction along the west side of the right of way of said Seaboard Air Line Railway Company to a point opposite Kirkland avenue, the same being a point on lot of land number five in said fifth land district of said county of Irwin, and being a point nine hundred and forty yards north of the southern original land lot line of

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said lot number five; thence to run due east to the east side of said lot of land number five in said fifth land district of Irwin county; thence to run south along the original land lot line of said lot of land to the place of beginning. Ocilla, corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the Act be, and the same are, hereby repealed. Approved August 22, 1907. ODUM, INCORPORATED. No. 282. An Act to incorporate the town of Odum, in Wayne county, Georgia; to define its corporate limits; declare its powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Odum, in the county of Wayne, is hereby incorporated as a town under the name and style of the town of Odum. Odum, town of incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend three-fourths of a mile in every direction, except as herein otherwise specified, from a point on the line of the Southern Railway in said county, where the Waresboro and Beard's Bluff public wagon road intersect; exception being made that the swamps of Satilla creek be made the boundary on the south, southwest and west in part; a more definite and complete description of the proposed boundaries being as follows: Commencing at said center point where the Waresboro and Beard's Bluff public wagon road intersects the Southern Railway, and extending eastwardly, parallel to said Southern Railway, for a distance of three-fourths of a mile; thence at right angles with said Southern Railway three-fourths mile; thence very nearly west parallel with said Southern Railway to the edge of Satilla creek swamp; thence along the wanderings of said swamp to a point where said creek passes under the Southern Railway, thence at right angles with said Southern Railway for a distance of three-fourths of a mile; thence parallel with said Southern Railway to a point opposite the terminus of the first described

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line; thence in a southerly direction for three-fourths mile to said Southern Railway at the point of commencement, power being hereby given the corporate authorities of said town to modify, alter, change and rectify said corporate limits. 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 said name and style of the town of Odum; and by that name shall be capable of suing and being sued in any court of law or equity; make contracts, purchase, hold and dispose of real estate and personalty; and sell, lease and exchange the same, and generally do all things pertinent to a corporation of such character, whether now allowed by law or which may hereafter be conferred upon the same. Mayor and aldermen SEC. 4. Be it further enacted, That Dr. J. T. Colvin be, and he is, hereby appointed mayor, and F. B. Gurr, J. B. Clary, D. I. Carter, J. M. Bloodworth and J. A. Odum be, and the same are, hereby appointed aldermen for said town of Odum, to hold office until the next first annual election as hereinafter provided. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That on the third Wednesday in January, 1908, and each year thereafter on said day, an election shall be held in the council chamber of said town for a mayor and five aldermen thereof, who shall hold their offices for one year from said day, and until their successors are elected and qualified; all persons eligible to hold said offices being those who are qualified at the time to vote for the members of the General Assembly of this State, and have resided in said town for three months immediately preceding said election. Such election shall be held and conducted as those for county officers, and a certificate of the managers shall authorize the person declared elected to enter upon the discharge of the duties of said offices, the returns of said election being made to the mayor and aldermen of said town. In the event a vacancy for any cause occur 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 selecting of some fit and proper person by the mayor and remaining aldermen. Election of successors. SEC. 6. Be it further enacted, That before entering upon the discharge of their duties, the said mayor and aldermen shall take an oath to faithfully discharge the duties devolving upon them respectively to the best of their ability and understanding. Official oath.

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SEC. 7. Be it further enacted, That the said mayor and aldermen shall have power and authority to elect such marshals, clerks, treasurer and other officers as they may deem necessary to properly carry on the affairs of the said town; prescribe the duties and fix the compensation of such officials and require bonds therefrom; make and pass all ordinances, by-laws, rules and regulations which they may deem necessary for the good order, peace, health and government of said town, and for the enforcement of the powers herein granted; have exclusive jurisdiction over the streets, alleys, sidewalks, drives, parks, and other public property of said town, keeping the same in good order, removing all obstructions of the same at the expense of the person obstructing; construct and maintain at such time as they may determine, waterworks, drainage and sewerage systems, lighting systems 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 expense of government; regulate the sale and barter of merchandise within the limits of said town, and the exhibition of shows and to impose on the same all proper taxation and license, and generally do all things whatsoever, not repugnant to the laws of Georgia, which may be incident to municipal corporations. Powers of mayor and aldermen. SEC. 8. Be it further enacted, That the mayor and aldermen of said town shall have the power to enforce its said ordinances, rules and regulations by fines not exceeding fifty ($50.00) dollars, or by imprisonment not exceeding thirty days. Ordinances how enforced. SEC. 9. Be it further enacted, That the mayor and aldermen of said town shall have authority to elect from their number a mayor pro tempore, who shall discharge the duties of mayor during his absence or inability from sickness or other cause to perform said duties; and the said mayor and mayor pro tempore 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, to compel the attendance of witnesses, hold examinations, and admit to bail or commit to jail in default thereof. [Illegible Text] of mayor and mayor pro tem. SEC. 10. Be it further enacted, That the mayor of said town shall be chief executive officer thereof, shall see that its ordinances, rules and regulations are enforced, appointing special policemen as emergency may arise, and generally shall do all things essential for the proper discharge of his duties as such chief executive. Executive powers.

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SEC. 11. Be it further enacted, That the said mayor and aldermen shall have authority to levy a special tax for educational purposes. School tax. SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. OFFERMAN, CHARTER AMENDED. No. 113. An Act to amend the charter of the town of Offerman, in the county of Pierce, approved August 14, 1906, so as to grant to the mayor and council the right to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening, extending, or otherwise changing the streets and alleys of 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 that section 3 of an Act incorporating the town of Offerman, of the county of Pierce, approved August 14, 1906, be amended by adding at the end of said section the following words, to wit: And for the purpose of laying out new streets and alleys, and for widening, straightening, extending or otherwise changing the streets and alleys of said town, said corporation, by its mayor and councilmen, shall have the right to condemn any property, whether owned or used by railroad companies or other corporations or persons, first paying just and adequate compensation for such property; so that said section, when thus amended, will read as follows: Offerman. 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

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thereof. And for the purpose of laying out new streets and alleys, and for widening, straightening, extending, or otherwise changing the streets and alleys of said town, said corporation by its mayor and councilmen, shall have the right to condemn any property, whether owned or used by railroad companies or other corporations or persons, first paying just and adequate compensation for such property. Municipal powers and power of condemnation. 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 22, 1907. OFFERMAN, CHARTER AMENDED. No. 148. An Act to amend the charter of the town of Offerman, in the county of Pierce, approved August 14, 1906, so as to grant to the mayor and council the right to condemn property, for the purpose of laying out new streets and alleys and for widening, straightening, extending or otherwise changing the streets and alleys of 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 that section 3 of an Act incorporating the town of Offerman, of the county of Pierce, approved August 14, 1906, be amended by adding at the end of said section the following words, to wit: And for the purposes of laying out new streets and alleys, and for widening, straightening, extending or otherwise changing streets and alleys of said town, said corporation, by its mayor and councilmen, shall have the right to condemn any property, whether owned or used by railroad companies or other corporations or persons, first paying just and adequate compensation for such property, so that said section when thus amended will read as follows: Sec. 3. Be it further enacted by the authority aforesaid, That this incorporation shall have and enjoy all the rights and privileges and powers incident to such corporation 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,

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shall have full power and authority to enact all ordinances, bylaws, rules and regulations necessary for the good government of said town and securing the health of the inhabitants thereof, and for the purpose of laying out new streets and alleys, and for widening, straightening, extending or otherwise changing the streets and alleys of said town, said corporation, by its mayor and councilmen, shall have the right to condemn any property, whether owned or used by railroad companies or other corporations or persons, first paying just and adequate compensation for such property. Offerman. Municipal powers and power of condemnation. 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 22, 1907. OGLETHORPE, CHARTER AMENDED. No. 114. An Act to amend an Act approved November 28, 1900, entitled an Act to incorporate the town of Oglethorpe, in the county of Macon, to define its limits, etc., so as to strike from the caption of said last mentioned Act and from each section of said Act, the word town, wherever it appears in said Act, and to insert in lieu thereof the word city. SECTION 1. Be it enacted by the General Assembly of Georgia. and it is hereby enacted by authority of the same, That an Act approved November 28, 1900, entitled an Act to incorporate the town of Oglethorpe, in the county of Macon, to define its limits, etc., be, and the same is, hereby amended by striking from the caption of said Act, and from each section thereof where it appears, the word town, and inserting in lieu thereof the word city. Oglethorpe, corporate name. 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 22, 1907.

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OHOOPEE INCORPORATED. No. 94. An Act to incorporate the town of Ohoopee, in the county of Toombs; 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 a mile in every direction from a point where the Seaboard Air Line railway depot now stands, at the place now called Ohoopee, and the same is hereby incorporated under the name and style of the town of Ohoopee. Ohoopee, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of said town shall be vested in a mayor and four councilmen, who shall have been bona fide citizens resident of said town for the full term of six months just preceding their election to office, and said municipal government shall be styled the town of Ohoopee, 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 personal property of any kind, or purchase such real and personal property as is necessary for the use of said town; that the said mayor and council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and laws of the State of Georgia, or of the United States, which they may deem necessary to the good government of said town, the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violations of such rules, ordinances, by-laws and regulations and enforce such penalties when they have been fixed. Mayor and councilmen SEC. 3. Be it further enacted by the authority aforesaid,

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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 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. Election of mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at some convenient point near the center of said town, and after the same has been selected it shall be known as the voting precinct of the town of Ohoopee, 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 county of Toombs, 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 signed by such manager in the capacity in which he acts; said oath may be administered by any person in Toombs 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. 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;

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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. SEC. 6. Be it further enacted by the authority aforesaid, That all persons residing in the town of Ohoopee 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. Voters. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen, elected or appointed to fill a vacancy, as the case may be, shall take and subscribe to the following oath: 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 Ohoopee, 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. Official oath. 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 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 are 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. SEC. 9. Be it further enacted by the authority aforesaid,

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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), 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 thirty days, or to impose a fine not to exceed one hundred dollars ($100), or in default of payment of such fine may, in his discretion, sentence such offender to not exceeding thirty days' imprisonment in the guard-house of said town; provided, that all persons sentenced to work in said town shall, when not at such work, be confined in the guard-house of said town. Punitive powers. 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 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 aforesaid, That the mayor and council of said town shall have control of the streets, sidewalks, bridges, alleys, cemeteries, and all public property

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in said town; they may prohibit any encroachment thereon or interference therewith, and they shall have the power to locate all cemeteries; they shall have the power to lay off and open new streets and alleys, and for 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 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 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 may deem best. Storage and sale of liquor. SEC. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to require every male inhabitant of said town who has resided in said town 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 of 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 or commutation 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 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 liesToombsand said property shall be by said sheriff advertised and sold in the manner that all sheriff's

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sales are made, and the proceeds of such sale applied to the satisfaction of such fi. fa. as provided by law. Collection of 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 the law for assessing taxes of municipal corporations, to be found in sections 717 and 718, chapter 3, article [Illegible Text], 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 prescribe; 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 the authority aforesaid, That the mayor shall be chief executive officer of said town, and shall see that all ordinances, rules and regulations and resolutions of the town are faithfully executed; he shall look after the finances of the town, making reports to the council from time to time, showing the receipts and expenditures of all departments and the status of 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

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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 justice of the peace of said State. Powers of mayor. SEC. 20. Be it further enacted by the authority aforesaid, That the marshal, deputy marshal, or any police 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 offenses 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 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 violating ordinances 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

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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, fi. fas., shall be directed to the marshals of said town and signed by the mayor thereof. Marshals, 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-collectors and justice of the peace for similar services, and said officers shall never charge or accept under any circumstances any more fees than are 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 that 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 a 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 by treasurer, 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 chaingang for the purpose of working on the streets and elsewhere in said town such persons as are convicted for violating the ordinances of said town, and sentenced to work in said chaingang; and the mayor and council are empowered to pass all necessary rules and laws for the regulation of the same not in conflict with the laws of Georgia. Chaingang SEC. 26. Be it further enacted by the authority aforesaid,

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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. This Act shall not go into effect until there shall be held in said town of Ohoopee an election to determine the will of the people on incorporating the said town, and the said election shall be held under the following restrictions in addition to the other requirements to vote, to wit: Said election shall be held within fifteen days after the passage of this Act incorporating the town of Ohoopee. Notice of said election to be posted at three or more public places in said town for ten days prior to said election. Before any person shall be allowed to vote for or against incorporation of the town of Ohoopee, he shall subscribe to the following oath: First, that he is twenty-one years old; that he has resided within one-half of one mile from the Seaboard Air Line Railway depot in said town and has lived there regularly for the last six months. Said election shall be governed by the majority rule. Election to incorporate town. 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 19, 1907.

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PATTEN, INCORPORATED. No. 32. An Act to incorporate the town of Patten, in Thomas county, Georgia, provide a government for same, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That after the passage of this Act the town of Patten, in Thomas county, Georgia, be incorporated under the name and style of the town of Patten, and by that name shall have perpetual succession and the right to acquire realty, personalty, and other forms of property; the right to acquire and dispose of same, and other rights and privileges incident to its corporate existence. Patten, town of incorporated. SEC. 2. Be it further enacted, That the territorial limits of said town shall extend one-half mile from the court-house in each direction. Corporate limits. SEC. 3. Be it further enacted, That it shall always be unlawful to sell liquors or alcohol in said town. Sale of liquor. SEC. 4. Be it further enacted, That the government shall be vested in a mayor and five (5) aldermen, elected by the voters qualified to vote for the members of the General Assembly, on the first Saturday in January of each year; the first election being on the first Saturday in January, 1908. The mayor and aldermen shall provide managers for said election, whose certificate of election shall be sufficient for the newly-elected officers to assume their duties. Mayor and aldermen. SEC. 5. Be it further enacted, That the mayor shall be the executive head of said town, and in order to enforce the provisions of this statute and the ordinances that may be passed by the mayor and aldermen, the said mayor shall have authority to fine violators an amount not to exceed fifty ($50.00) dollars, or sentence them to work on the streets not to exceed ten days, and he may provide a work-gang in order to make his sentences effective. He shall also have the right to bind over accused persons when they are guilty of an offense beyond his jurisdiction to the court holding jurisdiction in such cases. Powers and duties of mayor. SEC. 6. Be it further enacted, That the mayor and aldermen shall have authority to levy a vocation tax on persons engaged in trading, manufacturing or mercantile pursuits, and such other vocations as they may hereafter deem proper. Specific taxes.

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SEC. 7. Be it further enacted, That the mayor and aldermen may levy an ad valorem tax, not to exceed three-tenths of one per cent., upon all property within the territorial limits of the town aforesaid, and they may provide for assessing the same and collecting such assessments by execution. Ad valorem tax. SEC. 8. Be it further enacted, That all executions in favor of said town, for the enforcement and collection of any fine, tax or other claim, shall be issued by the mayor, and in his name shall be directed to the marshal or other ministerial officer 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 mayor and aldermen of said town 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 property as may have been levied on by him to satisfy said executions in the same manner respectively as sheriffs' sales of real property or constables' sales of personal property are required by law to be made. All of said sale to be made within the usual hours of sales of sheriffs and constables, and to be made under the same rules and regulations as govern sheriffs' and constables' sales of similar property. That the time and manner of sale of property, both real and personal, for taxes due shall be the same as provided by law for sales on other 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. Collection of taxes, etc. SEC. 9. Be it further enacted, That the mayor and aldermen shall have authority to employ such officers and servants, and pass such ordinances, by-laws and regulations not inconsistent with the Constitution and laws of this State, as to them seem proper. Municipal officers. SEC. 10. Be it further enacted, That until the officers to be elected on the first Saturday in January, 1908, have been elected and qualified, after the passage of this Act, A. J. Mills shall be mayor, and the following five men, aldermen of said town, to wit: Thomas Williams, J. B. Lancaster, John Selph, Levy Williams, O. V. Hughes. Mayor and aldermen appointed. SEC. 11. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved August 13, 1907.

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PINEVIEW, CHARTER AMENDED. No. 229. An Act to amend the Act approved December 10, 1902, entitled an Act to incorporate the town of Pineview, in the county of Wilcox, State of Georgia; to define the corporate limits thereof; and to provide a municipal government for said town; to confer certain powers and privileges on the same, and for other purposes, by extending the corporate limits of said town, and further providing for the establishment of a system of local municipal schools in said town; and for their maintenance and operation; and further providing for the assessment and collection of a local school tax in support of said schools; to provide for the selection of trustees and other officers thereof; defining 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 the Act approved December 10, 1902, incorporating the town of Pineview, in the county of Wilcox, as appears on pages 551, 555, both inclusive, of the public laws of the General Assembly for the year 1902, be, and the same is, hereby amended by striking from the said Act section 2 thereof. Pineview. SEC. 2. Be it further enacted by the authority aforesaid, That the above recited be further amended by substituting in lieu of section 2, as above stricken, the following: The corporate limits of said town shall include the following territory, in the county of Wilcox, State of Georgia, to wit: Commencing at the northwest corner of lot of land number 88 in the fifth district of said county, thence running east on the original land lines to the northeast corner of lot of land number 55, in the eighth district of said county, the same being the dividing line between Wilcox and Pulaski counties; thence south along the original land line to the southeast corner of lot of land number 82, in the eighth district of said county; thence west on the original land line between lots of land number 82 and 83 in said district to Cedar Creek swamp; thence making Cedar Creek the line and running westerly to or near the southeast corner of lot of land number 118 in the fifth district of said county; thence north on the original land line between lots numbers 118 and 119 in the said district to a certain point on

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said designated by a made corner; thence westerly, taking all of lot of land number 119 in said fifth district belonging to S. P. Wilson and Joe Johnson, thence north to the southwest corner of lot of land number 106 in the said fifth district of said county; thence along the original land line to the northeast corner of said lot number 106; thence west along the original line between lots numbers 105 and 88 in said fifth district, to the southeast corner of lot number 88, thence north along the original land line to the original starting point, being the northwest corner of said lot number 88 in said fifth district; said corporate limits to include all lands between said lines as originally laid off by J. I. Bruce and B. M. Harvey, members of the board of education of Wilcox county, and which were formerly included in the Pineview school district. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be established and maintained a system of public schools in the aforesaid town, the management of which shall be vested in the board of trustees, to contain five citizens of the said townJ. I. Bruce, C. M. Hammond, R. M. Dennard, W. R. King and E. Walden shall be, and are, hereby constituted the board of trustees to carry into effect these provisions providing for the public schools, who shall hold office until their successors are elected, which shall be as follows: On the last Saturday in January, 1908, there shall be held an election by the qualified voters of Pineview in said town for the election of five trustees for said school. At such election they shall be voted for as follows: One trustee who shall hold office for one year from time of his election; one for two years; one for three years; one for four years, and one for five years. Their successors in office shall serve for a term of five years, each member dating his term from the time of his election. Should a vacancy occur at any time the remaining members of the board of trustees should elect some one to fill the vacancy for the full unexpired term. Public school system. SEC. 4. Be it further enacted by the authority aforesaid, That the said board of trustees shall organize by electing a president, vice-president, secretary and treasurer from their own number; and no member shall receive compensation for his services except the secretary and treasurer, whose compensation shall be fixed by the board. The secretary and treasurer shall give good and sufficient bond to be judged of by the said board of trustees conditioned for the faithful performance of duties. Trustees.

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SEC. 5. Be it further enacted by the authority aforesaid, That the said board of trustees shall have power to design and adopt a system of public schools for said town; to elect a superintendent and employ teachers for the same; to suspend or remove superintendent or teachers; to fix their compensation; to provide schoolhouses by renting, building, purchasing or otherwise; to make and hold titles to such property and to make such rules and regulations for government of themselves and said schools as they may deem proper, not in conflict with the laws of this State, and to do any and all things promotive to the best educational interests of said town not in conflict with the provisions of this Act or the laws of this State. Powers and duties of trustees. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be established and maintained for not less than five nor not more than ten calendar months in each year, under the provisions of this Act, one and only one school for white children, and one and only one school for colored children. No white child shall be admitted to the school established for colored children, and no colored child shall be admitted to the school established for white children. All children entitled to the benefit of the public schools under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of the said town, shall be admitted into the aforesaid schools upon the payment of such fees only as the board of trustees may deem necessary; children of nonresidents and such others as may not be entitled to the benefit of these schools shall be admitted upon such terms as may be prescribed by the board of trustees, not in conflict with the laws of the State. Regulations SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of the State School Commissioner and he is hereby required to pay over to the treasurer of the said board of trustees the portion of the school fund of said county and State to which the schools established under this Act for said town may be entitled. Pro rata share of public school fund SEC. 8. Be it further enacted by the authority aforesaid, That as early as practicable after the ratification of this Act, and in each subsequent year at some date before the time of fixing the rate of taxation, the board of trustees shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of the said schools for the scholastic year; and said board shall, through their offices, be required to levy and collect same; except taxes on property of those corporations

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now required by law to return their taxes for the Comptroller-General; provided, the same shall not exceed four-fifths of one per centum of the taxable property of said town. Taxation. SEC. 9. The secretary and treasurer of the board of trustees of the said Pineview public schools shall assess the valuation of all the property within the said district for taxation except as herein provided, that prior to making such assessments he shall transcribe from the books of the tax-receiver of the said county a list of all property in said town, together with the valuation placed thereon by the owner, and for this purpose he shall have free access to the books of the tax-receiver of said county, and secretary and treasurer shall also have access to all municipal tax books in said town for the purpose of gathering information relative to the value of property therein. Said secretary and treasurer shall have power and authority to compel any citizen of said school district to testify under oath as to the value of any property in said district. And should any citizen refuse to testify, he shall be punished as provided for in similar cases before the justice of the peace. In the event said secretary and treasurer shall assess any property in said district at higher valuation than is placed thereon by the owner of said property in returning same to the State and county for the purpose of taxation, then he shall notify such owner in writing of the amount he has raised the valuation of such property, and should any taxpayer be dissatisfied with the valuation placed on his property by said secretary and treasurer, such taxpayer may select a disinterested arbitrator to represent him, and notify said secretary and treasurer, who will likewise select a disinterested arbitrator, and the two arbitrators thus selected shall select an umpire, and the arbitrators and umpire thus selected shall proceed within five days, at the time of which said secretary and treasurer and taxpayer shall have such notice, to hear such evidence as may be produced before them, and finally determine the valuation of such property for the purposes of taxation for school purposes as herein provided. Tax assessments. SEC. 10. Be it further enacted by the authority aforesaid, That the said secretary and treasurer of the said board of trustees shall have the power and authority to list and assess all property within said town and collect the tax thereon except the property of such corporations as are now required by law to make return to the Comptroller-General, whether the same was returned by the owner thereof of the State and county tax-receiver or not; and should such owner be dissatisfied with the

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valuation placed thereon by the said secretary and treasurer, the same shall be arbitrated as provided in the preceding section; the purpose of this Act being to tax all property within the corporate limits. Corporation tax. SEC. 11. Be it further enacted by the authority aforesaid, That the taxes herein provided for shall become due and payable at the same time as State and county taxes are due and payable, and said secretary and treasurer of said board of trustees shall keep open his tax books for the purpose of allowing taxpayers to pay their taxes until the twentieth day of December of each year, when the said books shall be closed and the secretary and treasurer of the board of trustees shall issue an execution against all delinquent taxpayers in said district. Such executions shall be addressed: To all and singular the sheriffs and constables and special bailiffs of said State, and shall bear the signature and seal of said secretary and treasurer, and shall be levied on the property of delinquent taxpayers and sold in the same manner as State and county tax fi. fas. are levied; if said executions are levied upon personal property, said property shall be advertised for ten days by putting up three notices at three public places in said town of Pineview, and then sold to the highest bidder, before the schoolhouse door established for white children in said town. If levied upon real estate, it shall be turned over to the sheriff of said county and advertised and sold by him at the court-house door at the county site under same law that governs sale of real estate in collecting State and county taxes, and said board of trustees are hereby vested with the same power and authority to appoint special bailiffs and constables or other officers under the same rules and regulations for the purpose of levying and collecting said tax fi. fas. as is vested in the several tax-collectors of this State, and such officers shall receive like compensation. Said tax fi. fas. shall be a superior lien upon the property of delinquent taxpayers, except liens for State and county tax. Taxes, when payable and how collected. SEC. 12. Be it further enacted by the authority aforesaid, That the owner of any unreturned property in said district be unknown to the secretary and treasurer of the board of trustees, said secretary and treasurer shall assess the valuation of such property and shall issue execution against the same as unknown property, which execution shall be levied and collected as hereinbefore provided. Tax on unreturned; property. SEC. 13. Be it enacted by the authority aforesaid, That said

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tax when collected shall be turned over to the secretary and treasurer of said board of trustees, together with all other moneys intended for school purposes in said district arising from any source whatever, which shall constitute a fund to be expended only by the order of the board of trustees in defraying the expenses in conducting the said schools. School fund SEC. 14. Be it further enacted by the authority aforesaid, That the board of education of Wilcox county shall not establish any other school, grant any license to or contract with any person to teach a school of any character in said town, nor shall any of the State school fund be paid to any school in said town other than the schools herein provided for. Other schools. SEC. 15. Be it further enacted by the authority aforesaid, That in case of any school property acquired by said board of trustees under the provisions of said Act or otherwise, be sold, the fund derived from such sales shall be reinvested in other property to be used for school purposes. Proceeds of school property. SEC. 16. Be it further enacted by the authority aforesaid, That the said trustees shall have power and authority once every five years to have a census made of the children of school age residing within said district, which shall be the basis of settlement with the State School Commissioner. School census. SEC. 17. Be it further enacted by the authorities aforesaid, That immediately after the passage of this Act that it shall be the duty of the justice of the peace, notary public or any freeholder of said district to post a notice in three places in the said district, that on a certain day after five days after the posting of said notice, an election will be held in said district for the purpose of ratifying or refusing to ratify this Act, and any three freeholders of said town are hereby vested with the authority to hold said election; that at said election all persons who are residents of said town, including the proposed extended territory as herein provided for to vote for members of the General Assembly, shall be qualified to vote. They shall have written or printed on their ballots For ratification, or Against ratification; and if at said election this Act shall be ratified or approved by two-thirds majority of the persons voting at said election, then this Act shall become immediately operative; and the holders of the election are authorized to declare the result; if against ratification the board of trustees herein named shall order other elections in like manner every six months until this Act is ratified. Election to ratify this Act. SEC. 18. Be it further enacted by the authority aforesaid,

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That when said Act is ratified the managers of said election shall seal all ballots and other papers kept in connection with said election and turn them over to the ordinary of the said county, who shall hold such returns for the term of ten days, in which time any taxpayer or voter may file a contest as now provided by law, and such contest shall be heard and determined by the ordinary, as other contests are now heard and determined by him, and his decision shall be final. SEC. 19. Be it further enacted by the authority aforesaid, That immediately after the ratification of this Act as provided for, shall take the following oath: I,....., do swear that I will faithfully discharge the duties required of me by the terms of the Act providing for a system of public schools in Pineview, Georgia. Election contest. SEC. 20. Be it further enacted by the authority aforesaid, That immediately after the trustees shall have fixed the amount of the taxes as in this section provided, the secretary and treasurer shall certify the same to the Comptroller-General; it shall be the duty of the Comptroller-General annually to remit to the secretary and treasurer of the board of trustees that part of the taxes of the railroads and other corporations required by law, which are due to said secretary and treasurer as school taxes, under this Act to be taxed by the Comptroller, the purpose being that the Comptroller-General shall collect, and pay over annually to the secretary and treasurer of the board of trustees the taxes due by said corporations in this amending Act. Taxes due by corporations. SEC. 21. Be it further 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 22, 1907.

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PRETORIA, INCORPORATED. No. 242. An Act to incorporate the town of Pretoria, in Dougherty county; to provide a government for said town; to prescribe rules and regulations for the government of said town; to confer certain powers and privileges on 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 Pretoria, in the county of Dougherty, be, and the same is, hereby incorporated under the name and style of town of Pretoria, and by such its corporate name shall have perpetual existence; shall sue and be sued, plead and be impleaded and do all other acts relating to its corporate capacity. It shall have and use a common seal and do all acts necessary to carry out the provisions hereinafter set forth. Pretoria, town of [Illegible Text]. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend to the boundary lines of lot No. 271, in the second district of Dougherty county, and the said town is hereby included within the boundaries of said lot. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and five members of council, elected from the town at large, and such other officers, servants and agents not hereinafter enumerated, as said mayor and council may from time to time lawfully employ and elect. Mayor and [Illegible Text] SEC. 4. Be it further enacted by the authority aforesaid, That J. M. Barnett be, and he is, hereby appointed mayor of said town, and S. D. Dopson, J. E. Dean, Jr., G. B. D. McConnell, T. L. Ross and J. F. Mozo be, and they are, hereby appointed councilmen, who are hereby empowered and authorized to act as such mayor and council and to exercise all powers and privileges herein conferred, until their successors have been elected and qualified as hereinafter provided. Mayor and councilmen appointed. SEC. 5. The mayor and council shall be the supreme governing body, exercising all the powers herein conferred upon said town and not otherwise specifically delegated. Governing body,

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SEC. 6. Election for mayor and members of council shall be by a vote of the people and shall be held under the election regulations hereinafter prescribed, on the first Monday in December of each year. Their terms of office shall begin on the first Monday in January, next, ensuing, and shall continue for one year and until their successors are elected and qualified; the mayor being ineligible for a second successive term. The first election hereunder shall be held on the first Monday in December, 1907, under the provisions for elections hereinafter set out; provided, that nothing herein contained shall be construed to make the mayor appointed hereunder ineligible to succeed himself at the next ensuing election. Elections of mayor and councilmen. SEC. 7. The mayor and council shall, on the first Monday in January in each year, elect one of the members of council as mayor pro tem., who shall in case of the absence or disability of the mayor from any cause, or in case of a vacancy in said office, be clothed with all the powers and fulfil all the duties of the same, and shall receive such compensation as the mayor and council may by ordinance prescribe. Mayor pro tem. SEC. 8. A vacancy occurring in the office of mayor shall be filled for the unexpired term by a popular election which shall be called by the mayor pro. tem. for that purpose, and shall be held in not more than fifty days after said vacancy occurs. If for any reason, said mayor pro. tem. fails to call said election within nine days after such vacancy occurs, then the clerk of council, or in his absence or failure so to do, any member of council shall call the same. A vacancy occurring among the members of council shall be filled for the unexpired term by an election by the mayor and council, which election shall be called by the mayor for that purpose, and must be held in not more than fifteen days after such vacancy occurs, three votes being necessary to elect. Vacancies. SEC. 9. The mayor shall be presiding officer of the council and shall be entitled to a vote on any questions before said body, except in case of his own impeachment as provided for herein. In addition, the mayor shall be the supreme executive officer of the town government and shall see to it that all laws, ordinances and resolutions are properly executed. Shall see that all officers of the town properly perform their duties and shall in all cases exercise a general supervision of the town's affairs, making such recommendations to the council from time to time as to him may seem proper for the public good. Mayor, powers and duties. SEC. 10. Said mayor and council shall have power to punish

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by execution and attachments for contempt in a penalty not to exceed $50.00 or confinement in the guard-house for thirty days, either or both in their discretion, and in this connection to pass all ordinances deemed proper in the premises; shall have power to establish parliamentary rules for the orderly conduct of business, and shall before entering upon the discharge of their duties each take and subscribe before some officer authorized by law to administer same, the following oath: Punitive powers of council. I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or councilman) of the town of Pretoria, during my continuance in office; that I will to the utmost of my skill and ability promote the interest and prosperity of said town; that I will not wilfully or knowingly use or be the cause of using tyrannical means towards any citizen or portion of citizens thereof; so help me God. Official oath. SEC. 11. The mayor and council shall receive such compensation as they may by ordinance prescribe. Salary of mayor. SEC. 12. The mayor and council shall have power to provide by ordinance for the impeachment and trial of any member of said body who, upon conviction of malpractice in office, or of any willful neglect or abuse of the powers and duties of same, shall by a two-thirds vote of the whole body, be dismissed from office. Malpractice. SEC. 13. The following municipal officers shall be elected by the mayor and council on the first Monday in January and shall hold their offices for a term of one year and until their successors are elected and qualified, to wit: a treasurer and clerk of council, and a marshal, all of whom shall receive such compensation as the mayor and council may by ordinance prescribe, which amount shall not be increased or diminished during their term of office, and each of whom shall, in addition to duties herein prescribed, perform such other duties as may be prescribed by ordinance. Said mayor and council are hereby authorized and they may create such offices in addition to those herein set out, and that officers to fill them, as they may in their discretion deem necessary, and may prescribe the duties of said additional officers and their compensation under such regulations as they may ordain. Any vacancy occurring in the offices not enumerated herein, an election to fill the unexpired term shall be held by the mayor and council in not more than fifteen days thereafter. And the officers mentioned in this section, shall at all times be subject to the jurisdiction of the mayor and council and amenable to their discipline. Said mayor and council shall

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have the power to suspend, fine or remove any of said officers, by a majority vote of the whole body, for any cause that may seem just and proper, after a fair opportunity granted to the accused to be heard. They shall be required to take such oath to properly perform their duty and to give such bond to secure and indemnify the town for any loss by reason of their default, as the mayor and council may by ordinance prescribe. Subordinate officers. SEC. 14. Any one who has attained the age of twenty-one years and is a qualified voter in the town of Pretoria shall be eligible to any municipal office. Qualifications for office. SEC. 15. Be it further enacted, That four councilmen, or the mayor and three councilmen, shall constitute a quorum of said council. The concurrent vote of four councilmen or the mayor and three councilmen shall be necessary to the passage of any order, resolution, ordinance or other special action of the said council. The mayor may vote on any question. Quorum of council, etc SEC. 16. All elections, general or special, held in said town, shall be between the hours of 9 o'clock in the morning and 5 o'clock in the afternoon, by three managers, whom the mayor and councilmen will authorize and designate at least ten days prior to the date of an election. Any citizen of said town qualified to vote for members of the General Assembly of the State of Georgia, shall be eligible to act as manager in such town elections. Said managers before entering upon their duties shall take and subscribe the following oath before some officer duly authorized by law to administer oaths, to wit: Elections, how held. We swear that we will honestly and lawfully manage this day's election and make a true return thereof; we will not knowingly permit any one to vote unless we believe he is lawfully entitled to do so, or knowingly prohibit any one from voting who is so entitled by law, and will not divulge for whom or what question any vote was cast unless called on by lawful authority so to do. Said managers shall appoint one clerk, who shall keep two lists of names of the voters, which names shall be numbered in the order of their voting, and said clerk shall also keep two tally-sheets. 1. As each ballot is received the number of the voter on the list shall be marked on the ballot before said ballot is deposited. The vote shall be given by ballot and secretly. 2. When any voter is challenged the fact shall be so written opposite his name on the list and also on his ballot and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States, and of the State of

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Georgia; that I have attained the age of twenty-one years, have resided in the State one year, in the county of Dougherty six months, and in the town of Pretoria three months next preceding this election; that I have paid all taxes which since the adoption of the present Constitution of this State have been required of me, and which I have had an opportunity to pay agreeably to the law, except for the year in which this election is held, and I have not voted before at this election; so help me God. Any voter who shall refuse to take the foregoing oath when challenged shall have his vote rejected. 3. When the votes are all counted out there must be a certificate signed by all the managers stating the number of votes each person or question voted for received, and each list of voters and each tally-sheet shall be signed by the managers. 4. The oath of the managers, together with their certificate, one tally-sheet and one list of voters shall be securely sealed in an envelope with the names of the managers endorsed thereon and delivered to the clerk of the council, who shall keep the same safely and have it at the next meeting of the mayor and council, the other tally-sheet and list of voters and the ballots shall be sealed up in the ballot-box with the names of the managers written across the seal, which said box and its contents shall be delivered to the mayor and council and by them kept until called for by lawful authority. Said mayor and council shall at their first meeting after the election receive the rerturns from the clerk and declare the result of said election in accordance with the certificate of the managers. SEC. 17. All persons qualified to vote for members of the General Assembly in Dougherty county, who shall have paid all taxes legally imposed and demanded by the town authorities including street tax, except for the year in which the election occurs, and who shall have resided three months within said town and shall have registered as hereinafter provided shall be qualified to vote at any town election. Voters. SEC. 18. The clerk of council, or in case of his sickness or absence, any officer or employee of the town duly appointed by the mayor and council for that purpose, shall open at the council chamber, or at such other place as may be designated by the mayor and council forty days prior to each election, a list for the registration of voters, which list shall be kept open from 9 o'clock a. m. until 12 o'clock m and from 2 o'clock p. m. until 5 p. m., each and every day, Sunday excepted, for a space of thirty days, when it shall be finally and absolutely closed at

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5 o'clock p. m, on the thirtieth day. Upon application in person the clerk or other registering person shall enter upon said registration list, the names, ages and occupation of such persons entitled to register as shall furnish him satisfactory evidence of their qualification, said names being arranged alphabetically on said list, the white and colored voters being kept separately. The registering officer shall be the judge of the qualifications of those offering to register, with the right of appeal by the applicant for registration to the mayor and council, and the registrar may in his discretion administer to the applicant the following oath: I swear that I am twenty-one years of age, or will be at the time of the election, and am qualified by citizenship, residence and payment of taxes to vote for members of the General Assembly in Dougherty county. That I will have resided in the town of Pretoria for three months next preceding the date of said election. I have paid all taxes which have been required of me by the town of Pretoria, and which I have had opportunity to pay agreeable to law since the adoption of the present Constitution, except for the year of said election; so help me God. When said applicants are so sworn, a note of same shall be entered opposite their names on said lists. The clerk shall furnish the managers of any election, prior to the opening of the polls, a certified copy of the registration list, arranged alphabetically, white and colored being arranged separately. This shall be the only official registration list and shall be returned to the clerk after the election and by him safely kept and preserved. Registration of voters. SEC. 19. The following sections of the first volume from the Code of Georgia of 1895 shall be of force and effect as law in relation to the town of Pretoria 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, 702, 704, 705, 707, 708, 709, 712, 713, 714, 715, 716, 717, 718, 723, 724, 732, 733, 734, 735, 740, 741, 742, 744 and 755. Statutory powers. SEC. 20. The town of Pretoria shall have power to tax, license and regulate hotels, boarding-houses, livery-stables, means of public transportation, billiard and pool-tables, saloons, tenpin alleys, shows and exhibitions, beef markets and dealers in fish and oysters. They may impose special taxes upon any and all occupations and business, public or private, carried on in said town. They may tax by special tax, and the business of insurance companies, express companies, railroad companies, telegraph

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companies and telephone 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 town. They may put an ad valorem tax, not exceeding the constitutional rate, on all property in said town. The taxing power of said town shall be as general, full and complete as that of the State itself. Taxation. SEC. 21. There shall be a police court of the town of Pretoria, to be held at any place in said town or at any time except Sunday. The mayor, or in his absence or sickness, the mayor pro tem. shall hold said public court under such regulations as the mayor and council may adopt. The presiding officer of said court shall have authority to punish persons convicted therein of violating the ordinances of said town, by a fine not to exceed $100.00, by imprisonment in the guard-house in said town or such other place as the mayor and council may provide for a prison, for a term not to exceed one hundred days, either or both, and to coerce the payment of fines imposed by imprisonment, labor in the chaingang of the town of Pretoria, or the streets, not to exceed one hundred days, may be allowed as an alternative to fine or imprisonment. Contempt in said court may be punished in a like manner. The mayor and council may suppress gambling, the running of blind-tigers, bad and disorderly houses, public indecency, lewdness, obscenity, profanity and all like things, notwithstanding the Acts may also be involved in State offenses. Police court. SEC. 22. The said town shall be authorized to own and maintain a system of waterworks, gas-works, electric lights or other light plant, sewerage or other utilities of like nature, and they may by ordinance prescribe and enforce all needful regulations in respect to them or either of them. The town shall have authority to own, control and regulate cemeteries in said town, and to make all needful regulations respecting the same. Water and lights. SEC. 23. The mayor and council shall have authority to establish, maintain and enforce quarantine regulations and to pass all needful ordinances in respect thereto. Quarantine ordinances. SEC. 24. The mayor and council may adopt a code of ordinances and shall have authority to maintain and repeal the same or any part of the same. SEC. 25. The enumeration of powers contained in this Act shall not be considered as restrictive, but the town of Pretoria and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumeration were not

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made. The mayor and council may pass all laws or ordinances, rules and regulations they may deem needful and proper for the general welfare of said town, and when under this charter rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, the mayor and 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 the State. General welfare SEC. 26. Be it further enacted by the authority aforesaid, That said town of Pretoria, through its said mayor and council, may appoint in addition to the marshal such number of policemen for such term of office and for such compensation as they, said mayor and council, may deem necessary and reasonable. Any process, summons, notice, execution, warrant, or other like paper required to be served by the charter or ordinances of said town shall be addressed to the marshal, and in the event other policemen are appointed, then in the alternative to them, and shall be served and executed by them; and said marshal or any other policeman of said town shall have power to make all arrests in said town, and to arrest for municipal offenses, with or without a warrant, and whether such offense was committed in the presence of such marshal or policeman or not. Policemen. SEC. 27. 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 22, 1907. RIVERSIDE, INCORPORATED. No. 122. An Act to create and incorporate the town of Riverside, in Colquitt 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 from and after the passage of this Act the town of Riverside, in the county of Colquitt, State of Georgia, be, and the same is, hereby incorporated under the name of the town of Riverside, and is invested with all the powers usually conferred upon such municipalities. Riverside, town of, incorporated.

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SEC. 2. That the limits of said town shall be as follows: Starting from a point where the western line of the city of Moultrie, Georgia, crosses the Moultrie and Camilla public dirt road, and run thence due south to the original lot line, between lots of land two hundred and sixty-three (263) and two hundred and ninety (290), and thence due south one thousand (1,000) feet; thence due west to the Ochlocknee river; thence up the western bank of said river to a point where the Moultrie and Camilla public dirt road crosses said river; thence east along the southern side of said Moultrie public dirt road to the point of beginning. Corporate limits. SEC. 3. That the municipal government of said town of Riverside shall be vested in a mayor and three (3) aldermen, and such other officers as they may select. J. C. Stewart shall be mayor, R. L. Smith, Y. A. J. Jones and A. P. West shall be aldermen, until their successors are chosen and selected as hereinafter provided. On the second Monday in January, nineteen hundred and nine (1909), and biennially thereafter there shall be held an election at the council chamber, or at some other place in town previously selected by the mayor and aldermen, for the purpose of selecting a mayor and one alderman for a term of two years, and until their successors are elected and qualified, and on the second Monday in January, nineteen hundred and ten (1910), and biennially thereafter, there shall likewise be held an election for two aldermen, who shall likewise hold for a term of two years, and until their successors are elected and qualified. The officers so elected shall, at the next regular meeting of the town council following said election, be sworn in by the mayor, or any other person qualified to administer an oath. Said oath shall be taken and subscribed on the book of minutes in which are kept the proceedings of town council. Said oath to be as follows: I do solemnly swear, or affirm, that to the best of my ability I will perform all the duties of mayor (or alderman, as the case may be) of the town of Riverside, for the term to which I have been elected; so help me God. Immediately on taking and subscribing this oath they shall enter on the discharge of their respective duties. If for any reason any of said officers are not sworn in at that time they may be sworn in at any subsequent time. Mayor and aldermen appointed; election of successors. SEC. 4. J. C. Stewart, as mayor, and R. L. Smith, as alderman, shall hold their office until their successors are elected by the election to be held on the second Monday in January, nineteen hundred and nine (1909), and the other aldermen, to wit: Y. A. J. Jones and A. P. West, shall hold office until their successors are elected at the election to be held on the second Monday in January, nineteen hundred and ten (1910), and qualified; provided,

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that at any time a vacancy occurs in the office of mayor or alderman, by death, resignation, or otherwise, the remaining aldermen or mayor may select some qualified citizens of said town to fill such vacancy so occasioned until the next regular election, at which time there shall be selected his successor. Terms of office. SEC. 5. The mayor shall preside at all meetings of the council, and shall have all the power usually incident to mayors of towns; he shall be an ex-officio justice of the peace, so far as issuing criminal warrants and trying offenses for violation of the criminal laws in the said town of Riverside is concerned; he shall have no vote on any question arising in the meetings of the council unless there be a tie between the aldermen; in such cases he shall be allowed to vote. Two aldermen, or the mayor and one alderman, shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to pass any ordinance, resolution, etc. Mayor, powers and duties. SEC. 6. The mayor and aldermen shall have the power to abate nuisances, tax itinerant shows, venders and the like; to issue special taxes and licenses for all classes of business or occupations as in their discretion they may see fit, according to the terms of this charter; and to pass all ordinances for the benefit and good government of said town of Riverside as they may deem proper, not inconsistent herewith; they shall have the right to levy an ad valorem tax for general purposes on all property in said town, both real and personal, and not exceeding ten cents on the hundred dollars. Corporate powers. SEC. 7. The mayor, or in case of the absence of the mayor, the mayor pro tem., to be chosen from one of the aldermen, shall have the right and power to punish all offenders against the ordinances of said town by forcing said offender to work on the streets of said town, or by confinement in the guard-house for the term of twenty-five days, or by fine of fifty ($50.00) dollars, either one or all three of said punishments, or any part thereof, may be inflicted. Punitive powers. SEC. 8. The said mayor, or mayor pro tem., is hereby empowered to bind over any offender to the courts of Colquitt county for the violation of any of the criminal laws of said State; to assess and accept bonds for their appearance to answer such charges. Appearance bonds. SEC. 9. All elections held in said town under and by virtue of this charter may be held as are held elections for members of the General Assembly, or they may be held by the mayor or any alderman of said town and two residents of said town; provided, no one shall be competent to assist in holding an election in which he may be a candidate. All citizens of said town who are qualified to vote in all elections held under the provisions of this charter;

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the polls shall be opened at 8 o'clock a. m. and closed at 3 o'clock p. m.; provided, however, the mayor and aldermen of said town shall have the rights and powers to pass ordinances requiring all voters to register before being allowed to vote in any election. Elections, how held. SEC. 10. That the residents of said town of Riverside shall do road duty as though this town had never been incorporated. SEC. 11. Be it further enacted, That the mayor and aldermen of said city shall have the right to pass ordinances, and the power to enforce the same; to take up and impound any horse, mule, asses, cows, hogs, goats, sheep or other animals running at large in said town, and to make and enforce all ordinances that may be necessary for the regulation and control of such animals in said city, and they have the power to levy a tax on each dog in said city, not to exceed one dollar per year; and to enforce said tax as other taxes are enforced; in addition to which they shall have the right to pass ordinances ordering the police officers of said city to impound or kill all dogs for which the tax be not paid. Stock law. SEC. 12. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 22, 1907. ROME, NEW CHARTER. No. 157. An Act to amend the several Acts incorporating the city of Rome, Georgia, in Floyd county; to extend and define the corporate limits thereof; to create a board of public works and fix and define its powers; to provide for improving and maintaining the waterworks system; establishing a sewerage system; grading, paving and macadamizing the streets, 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 jurisdiction and corporate powers and liabilities as now or as hereafter may be conferred upon the city of Rome, in the county of Floyd, and the mayor and council thereof, are hereby extended to and made to cover all of the territory lying within the boundaries described, as follows: Beginning at a point in land lot No. 238, in the 23d district and 3d section of Floyd county, Ga., on the south side of Shorter avenue or the Alabama road, and on the west side of River avenue as shown on the map of West Rome,

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made by the Rome Land Company, and extending thence northerly along west margin of River avenue and the extension thereof to a point where said extended line intersects the northern line of the right of way of the Southern (formerly Rome and Decatur) Railway; thence eastwardly, following the northern boundaries of the said right of way of the said Southern Railway, to the western line of the property conveyed to J. L. Bass by Seaborn Wright; thence to the northern line of the street located and being thirty feet wide north of the property now owned by Ed. Cousins; thence east to the eastern line of the Rome and Summerville road; thence south along the said eastern of said road to a point one hundred feet north of the northern line of the right of way of the Southern Railway right of way; thence east seventy-five feet; thence south to the northern line of original land lot two thirty-seven in said district and section; thence east along said original line to low water mark on the Oostanaula river; thence northward up said river along low water mark to the northern line of right of way of said Southern Railway; thence across the Oostanaula river, and still continuing along said right of way boundary to a point north of the east line of the city pumping station property; thence south along the east side of said pumping station property to the southeast thereof; thence west along the south side of said pumping station property to low water mark on the east side of the Oostanaula river; thence down said river along low water mark to the east and west land line between land lots number two hundred and thirty-six (236) and two hundred and forty-five (245); thence east along said land line to the south east corner of lot number two hundred and thirty-six (236); thence north along the land line between lots two hundred and thirty-six (236) and two hundred and thirty-five (235) to a point due east to the south line of the city reservoir property; thence west along the south side of the reservoir property to the east line of the C. I. Graves property; thence northerly along the east line of said Graves property to the east and west land line between land lots number two hundred and five (205) and two hundred and thirty-six (236); thence east along said land line between lots 205 and 236 and 206 and 235 to Spring street to the present boundary line of the city; thence northeasterly along the east side of Spring street to and across the Southern Railway track and due north from said railway track to the northern side of Park avenue; thence southeasterly across land lot number two hundred and seven (207) along the north or northeasterly side of said Park avenue and the continuation thereof, to and across the Calhoun road and continuing on to the north and south land line between

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land lots numbers two hundred and seven (207) and two hundred and eight (208), and two hundred and thirty-three (233) and two hundred and thirty-four (234); thence south along said original land line to the north side of Cothran street where the same intersects said land line; thence west along the north line of Cothran street to a point due north of the east side of the colored public school lot; thence south along the east side of said public school lot to and across the Etowah river to low water mark on the south side of said river; thence westerly and southerly along low water mark down said river to the north side of the extension of Holmes street to said river; thence easterly along the north side of Holmes street to the east side of Gordon street; thence south along the east side of Gordon street to the north side of Division street; thence east along the north side of Division street to a point opposite a line between Graham and Hughes property; thence southeasterly between the Graham and Hughes property to the land on the east side of lot number two hundred and eighty-six (286); thence south along said land line to the south side of Silver Creek street; thence west along the south side of said street to the east side of Howard avenue; thence southerly along the east side of Howard avenue to the south side of Church street; thence westerly along the south side of said Church street to the east side of Dean street; thence south along the east side of Dean street to the south side of Fifth avenue in lot number three hundred and twenty-six (326); thence west or westerly along the south side of said Fifth avenue to the right of way of the Central of Georgia Railway Company; thence along the Eastern side of said right of way to where it intersects with the street situated between Hank's Foundry Company and the Anchor Duck Mills; thence along the southerly side of said street in a westerly direction to the intersection of said street with the Rome and Cave Spring road; thence southerly along the western side of said Rome and Cave Spring road to the land line running east and west between land lots numbers two hundred and eighty-four (284) and three hundred and seventeen (317); thence west along said land to the Coosa river; thence northerly along said river, at low water mark on the east side thereof, until it strikes the southern boundary of the Nixon estate; thence due east along said southern boundary line of the Nixon estate to the western line of the Shady Side addition; thence due north along said western line of Shady Side addition and continuing due north across the Coosa river to low water mark on the northern bank of said river; thence easterly along said northern bank of the Coosa river at low water mark to the western line of land lot number two hundred and forty-four

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(244); thence north along said land line to its intersection with the west side of the right of way of the Central of Georgia Railway Company; thence along said west side of said right of way to the southern side of Shorter avenue; thence along southern line of said avenue to the starting point. Rome; corporate limits. SEC. 2. Be it further enacted, That a board of public works is hereby created for said city of Rome, with powers and duties as hereinafter defined; same to consist of five (5) freeholders, citizens of said city, whose term of office shall each be for three (3) years; the first board, which is hereby named, shall be composed of the following persons: C. E. McLin, Joel Branham, Robert W. Graves, B. I. Hughes and J. A. Glover; their term of office shall begin from the day the majority of them shall qualify, by taking and filing an oath herein provided for and assume the duties of office. Their successors shall be elected by open ballot cast by the mayor and council of said city in meeting assembled on such dates as may be fixed by said mayor and council. In the event of a vacancy in said board from death, resignation, removal from the city or otherwise of any one or more members thereof, the vacancy so caused for the unexpired term shall be filled by a majority vote of the remaining members; same to be approved by mayor and council. The members of the board shall, before assuming the duties of office, take and subscribe before the mayor or a judge of the superior or city court, an oath to faithfully and impartially discharge the duties of the office, and shall also make oath that they are not and will not directly or indirectly be interested in any contract or purchase or sale of material made by the board in the prosecution of its duties; which oath shall be filed with the clerk of council and recorded in the minutes of the council. Board of public works; appointment of members election of successors, etc. SEC. 3. The members of said board shall each be paid a salary not to exceed three hundred dollars ($300.00) per annum; same to be fixed by the mayor and council. They shall be subject to removal from office by the mayor and council for the neglect of duty, malfeasance in office, or refusal to comply with or carry out the lawful ordinances of said mayor and council in relation to the duties imposed by this Act. The mayor and council are authorized and empowered to investigate and try any and all charges and issues that may arise under this provision. Salaries, etc SEC. 4. Said board shall organize by electing one of its members chairman and another member secretary; the powers and duties of such chairman and secretary to be defined by rules prescribed by the board. A majority of the members of the board shall constitute a quorum for the transaction of business. They

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shall have power to prescribe and adopt rules and regulations for the transaction of business; to fix the time and place of meeting, which shall be at least twice per month. They shall act only while in meeting assembled, and shall keep accurate minutes of their acts and doings. They shall elect one of their members treasurer, or they may select one or more banking institutions, treasurer or treasurers. They shall require bonds of the treasurer for the faithful accounting of all funds in such an amount as they may deem best. The treasurer shall be the custodian of all bonds and funds intrusted to the management and control of the board, and shall pay out no sums except upon draft or order of the board, duly executed, and shall charge the same to the proper department. The books of the treasurer shall during business hours be open to inspection by the mayor and council and to any member of the board. Organization of board, etc. SEC. 5. The books, papers, vouchers and all other documents and matters and things pertaining to the board or its official actions shall be subject to the inspection and examination of the mayor and council, or such agents as they may designate, and at such times as may be so designated. It shall be the duty of the mayor and council to have the books, papers and vouchers audited in the same manner as the books and vouchers of other city officers. Said board shall make, or cause to be made, for the mayor and council reports of their actings and doings quarterly, or at such other times as the mayor and council may require. Quarterly reports by board to council. SEC. 6. The mayor and council shall forthwith, after organization of the board, execute and deliver, or if executed, deliver to said board, taking receipt therefor, signed by each member of the board, the bonds of the city of Rome recently voted and provided, to be isued for paving, grading, macadamizing or otherwise improving the streets of the city; for extending and improving the sewerage system; for extending, improving and adding to the waterworks system, the amounts being for the first item seventy-five thousand dollars ($75,000.00), for the second item twenty-five thousand dollars ($25,000.00), for the third item fifty thousand dollars ($50,000.00). Said board shall immediately proceed to offer said bonds for sale and may sell same subject to approval of mayor and council in such amounts and at such times as they may deem best, and as may be in accordance with the laws and ordinances of said city under which said bonds are authorized to be issued; the proceeds from the sale of said bonds to be deposited in such bank or banks to the credit of the board, and on such terms for safe-keeping and the payment of interest as they may deem advisable and safe. In the event of an issue of bonds

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in future by the mayor and council for any of the purposes herein specified they shall be likewise turned over to the board and be dealt with in all things as by this Act provided. Custody, etc., of municipal bonds. SEC. 7. Whenever in the opinion of the board the money is forthcoming and provided to meet the expenses they shall proceed to make contracts and employ and organize such a force of officers and agents as may be necessary to sucessfully and economically carry out the duties by this Act required of them; they shall have the power and authority to discharge any person or persons employed whenever they think it advisable so to do, without formal notice or trial. All officers and agents employed by the board, except ordinary laborers and mechanics, shall take and subscribe an oath to faithfully perform the duties of their office, and shall give bond payable to the city of Rome, Georgia, in a surety company for such amount as the board may designate, to be approved by said board, conditioned for the faithful performance of the duties of their office. Powers and duties of board. SEC. 8. Said board shall cause a survey to be made of the streets, sewerage and waterworks system, and shall have plans, specifications and estimates of the cost of improvements contemplated, to be prepared and submitted to the mayor and council. The board shall designate the streets to be improved, locate the grades and widths thereof, the size and locations of the sewers and the mains for the water system, which being done the mayor and council, first having approved such action, shall confirm the same and establish and fix the grades and settle all questions of damage to property owners on account thereof, and report the same to the board; thereupon the board shall pay such damages as may be assessed and so found from the funds in their hands provided for the improvement of the particular department for which such damages may be fixed or assessed. The location of the street grades and the sewer and water mains being thus determined and settled, said board shall proceed to the construction and improvement thereof as hereinafter provided. Sewerage and waterworks. SEC. 9. The mayor and council of said city of Rome, Georgia, shall have the right to fix by ordinance and collect as other taxes the amounts to be taxed against and paid by adjacent property owners and street railway companies occupying the street for paving and macadamizing such streets so paved and macadamized, the basis of assessments to be as follows: Street railway companies to be assessed so much of the cost of paving and macadamizing streets as is occupied by tracks and two feet on both sides of the rails thereof, and in case there are two or more tracks on the same street to require said street railway companies to pay the

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cost of paving and macadamizing the space between each track. The board, with the approval of the mayor and council, may make any other arrangement with such street railroad company with reference to improving and maintaining the streets as may be agreed upon. The balance of the cost of paving and macadamizing such street shall be divided one-third (1-3) each to the respective adjacent property-owners, leaving one-third to be paid by the city. In cases where the streets paved or macadamized are not occupied by street railways the respective adjacent property owners shall each be assessed one-third (1-3) the cost and the city shall pay the other third of such paving or macadamizing. When such assessment is made against such street railway company or property owners the same shall become a lien on such property subject to be enforced by execution issued as provided for collecting other city taxes; provided, that such mayor and council shall not have the right to assess against property owners the cost of grading streets, but this shall be paid for by the board out of other funds. Impacting streets preparatory to receiving paving or macadamizing shall not be considered overgrading. All moneys so collected by the mayor and council shall be paid over to the board, and shall be credited to the street improvement department, and used therefor only; the city shall make such appropriations and provisions for street improvements and repairs as is consistent with its financial condition from year to year as it is authorized to do by existing laws or ordinances, and the same shall be turned over to the board to be used for street purposes only. Street improvements SEC. 10. Said board shall have full and complete control of all work of every kind to be done on the streets, sidewalks, crossings, bridges, lanes and alleys; they shall have the same control of all work to be done on the sewers and drains of said city; they shall have authority to select and decide upon size, quality and amount of piping and other materials to be used in the extension and improvement of the sewerage and waterworks system; they shall determine what work shall be done on the streets and the character of the material thereof. They shall have authority to do any or all work by contract or by agent or employees directly. In the event any work is done by contract such contract shall be made after due advertisement for proposals, the board reserving the right to reject any and all proposals; and in the event of any contract being made, the contractor shall execute a bond in an amount equal to the contract price by a surety company, conditioned for the faithful performance of the contract. Said bond to be payable to the city of Rome. They shall have authority to purchase all necessary materials and implements for any and all

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work to be done, and they may sell any of such material or implements as may not be needed or ass they may deem advisable; the proceeds of such sale to be credited to the respective improvement fund to which it belongs; they shall have the right to make any and all contracts necessary or proper for the prosecution and execution of the work herein required and provided to be done; they shall keep or cause to be kept separate accounts showing the receipts and disbursements for the street improvement department, the sewerage system and waterworks system of the city, and shall keep and file vouchers of all expenditures showing the items and price in detail. All drafts for money drawn by order of the board shall be signed by the chairman and countersigned by the secretary, and shall bear the time, date and number; shall state distinctly upon what fund the same was drawn; for what purposes drawn; to whom payable, and a corresponding record thereof shall be kept by the board. The board shall issue to the clerk of the city council, or such office as may pay over any funds a receipt correctly dated specifying the funds on account which the receipt is given and the amount so received. No draft against any fund for any department shall be made except when there is sufficient funds to the credit of the department subject to draft to which the same is chargeable. The board shall not from the funds coming into its hands from any and all sources apply more than the sum of five thousand ($5,000.00) dollars for the survey, plat, estimates and specifications and superintendent and engineering work provided to be done, except upon a vote of at least four members of the board. The board shall before beginning to pave or macadamize any street fix and designate the location and position for telegraph, telephone, electric light and power and street railway poles or wires and gas pipes thereon; and shall report the same to the mayor and council; thereupon the said mayor and council shall have power and authority by ordinances to require the owners of such poles, wires and gas pipes to place the same as thus located. Powers of board., SEC. 11. In the event the board shall not be able to sell any or all the bonds turned over as herein provided by the mayor and council, it is hereby authorized to make temporary loan to meet current necessities. Such loans may be secured by deposit of bonds as the board may temporarily lend such funds as may be on hand for which there is no immediate use, on such terms and upon such security as they may determine. Authority to borrow money. SEC. 12. The board shall pay over to the city or the clerk of council all moneys arising as proceeds from the waterworks system which may not be needed for the development, improvement

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and repairs of said system, the same to be used and applied to such purposes as the mayor and council may direct. Proceeds from waterworks. SEC. 13. The mayor and council shall have power and authority to regulate by ordinance or resolution more particularly the duties of said board as from experience and necessity they deem advisable, but not in conflict with this Act. Duties of board, how prescribed. SEC. 14. Be it enacted, That the water commission created by the Act entitled an Act to amend the charter of the city of Rome, so as to create a water commission for said city; to define its powers and duties; to prevent the pollution of the city water; damages to its waterworks, and to make it the duty of the commissioners to try to prosecute all persons injuring or damaging the same, approved December 16, 1895, be, and the same is, hereby abolished, and the rights, powers, duties and authorities conferred by said Act upon said water commissioners and their successors in office are hereby transferred and given to the board of public works and their successors herein created as fully and completely as if herein reenacted. All books, papers, property and assets of every kind pertaining or belonging to said water commission shall be delivered to said board of public works and a receipt shall be given therefor, signed by each member of the board, a copy of which shall be filed with the clerk of council. Water commission abolished. SEC. 15. Be it further enacted by the authority aforesaid, That the city of Rome, in its corporate capacity, shall be liable for, and have the benefit of all the Acts and contracts done or made by said board, by authority of the Act; all contracts of the board to be made in the name of the board of public works of Rome, Georgia, and shall be signed by the chairman of the board and countersigned by the secretary. Contracts of board. SEC. 16. Be it further enacted, That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. ROOPVILLE, CHARTER AMENDED. No. 209. An Act to amend the Act of October 7, 1885, incorporating the town of Roopville, so as to extend the corporate limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by the authority of the same, That the words five hundred, in the second line of section 2 of the above described Act, be, and the same are, hereby stricken and the words one-half mile substituted in lieu thereof, so that said section when so amended will read as follows: That the corporate limits of said town shall extend one-half mile in every direction from the residence of J. K. Roop, in said town. Roopville; corporate limits SEC. 2. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. ROSSVILLE, CHARTER AMENDED. No. 226. An Act to amend the charter of the city of Rosseville, Georgia, to wit: The Act incorporating the city of Rossville, Georgia, approved August 24, 1905, so as to authorize and empower the city of Rossville, in the county of Walker, State of Georgia, through and by its officers, to issue and sell the bonds of said city, not to exceed in amount the sum of ten thousand dollars, for the purpose of erecting in and for said city a school building or buildings and furnishing and equipping the same, and purchase sites therefor, if necessary, after the same is approved by a two-thirds vote of the qualified voters of said city, as prescribed by law; to provide for the sale of said bonds, and for the payment of the principal and interest of the same; and further amending said Act by a change of the corporate limits of said city; and further to provide for the manner of disbursement of funds which may be raised by taxation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act incorporating the city of Rossville, Georgia, approved August 24, 1905, be amended so as to authorize the mayor and councilmen of the city of Rossville to adopt the provisions of this Act relative to the holding of an election and the issuance of bonds, as hereinafter provided; provided, a notice of intention to hold an election under the provision of this Act be given, as provided by section 377 of the Code of Georgia, 1895, volume 1. Said election shall be held and return thereof made in

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the same manner as elections are held for mayor and councilmen of said city, and the qualifications for voters at said election shall be the same as required by law for the election of mayor and councilmen of said city. All persons voting at said election shall have written or printed on their ballots the words, For issuing bonds, or the words, Against issuing bonds; and, if it shall appear to the councilmen of said city that two-thirds of the qualified voters residing in said city have voted for issuing bonds, the said mayor and councilmen are hereby authorized to issue bonds not to exceed the sum of ten thousand dollars, and to provide for the payment of the same. In case two-thirds of the qualified voters of said city do not vote for issuing bonds in any election held under the Act, an election may be held in said city by the order of the mayor and councilmen thereof annually, on the proper notice given, until the provisions of this Act are adopted by the vote of two-thirds of the qualified voters of said city For issuing bonds. Rossville; election for bonds. SEC. 2. Be it further enacted by the authority aforesaid, That in the event the necessary majority of votes shall be cast at said election For issuing bonds, the mayor and councilmen of said city shall then be authorized to issue and sell the bonds of said city, not to exceed in amount the sum of ten thousand dollars, as hereinafter specified, for the purpose of raising a fund with which to purchase a site therefor, should the same become necessary, and on which to erect a school building, and to equip and furnish the same with suitable furniture and apparatus. School buildings. SEC. 3. Be it further enacted by the authority aforesaid, That the bonds issued under this Act shall run not exceeding thirty years, and shall bear interest not to exceed six per cent. per annum, the interest to be paid annually. Said bonds shall be in denominations of one hundred dollars each, and all to have interest coupons attached. Said bonds shall be signed by the mayor and countersigned by the treasurer of said city. The coupons attached to said bonds for each annual payment of interest shall be signed in the same manner and by the same parties as the bonds. The principal and interest due on said bonds shall be payable at maturity, on presentation to the treasurer of said city. The bonds issued under this Act shall not be sold for less than par. Bonds, how issued. SEC. 4. Be it further enacted by the authority aforesaid, That said bonds shall mature and be paid as follows: Maturity of bonds. Four of $100 each shall mature December 1, 1908. Four of $100 each shall mature December 1, 1909. Five of $100 each shall mature December 1, 1910. Five of $100 each shall mature December 1, 1911. Five of $100 each shall mature December 1, 1912.

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Five of $100 each shall mature December 1, 1913. Six of $100 each shall mature December 1, 1914. Six of $100 each shall mature December 1, 1915. Six of $100 each shall mature December 1, 1916. Seven of $100 each shall mature December 1, 1917. Eight of $100 each shall mature December 1, 1918. Eight of $100 each shall mature December 1, 1919. Nine of $100 each shall mature December 1, 1920. Nine of $100 each shall mature December 1, 1921. Nine of $100 each shall mature December 1, 1922. Four of $100 each shall mature December 1, 1923. Provided, however, the mayor and councilmen of said city shall have the option to pay any or all of said bonds upon the first day of December of any year, upon giving to the holders of said bonds ninety days' notice of such intention to pay said bonds, and this notice may be given by a letter deposited in the postoffice addressed to such bondholder at his postoffice, and in the event said bondholder does not present said bond for payment and cancellation, at the time specified in said notice, said bond shall not draw any further interest after the date when same would have been paid under such notice. Option to pay. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the city of Rossville shall raise by taxation on taxable property of the citizens of said city a sum not exceeding one thousand dollars between the date of issuance of said bonds and December 1, 1908, with which to pay the annual interest on said bonds and to retire the four bonds maturing December 1, 1908; and thereafter they shall raise a sum annually sufficient to pay the annual interest accruing upon the remaining outstanding bonds, and in addition thereto sufficient to retire the bonds remaining as hereinbefore provided in section 4 of this Act; provided, however, the levy upon the taxable property in said city for the purposes provided in this section shall not exceed thirty-five cents on the one hundred dollars of value. Sinking fund. SEC. 6. Be it further enacted by the authority aforesaid, That if for any reason the election provided for in this Act should not be held before November 1, 1907, or if when it is held should result unfavorably to the issuing of bonds, or if for any reason said bonds should not bear date November 1, 1907, as contemplated in this Act, whether from failure to hold the election or from other cause, when the election contemplated in this Act is held and results favorably to the issuing of bonds, or when said bonds are dated, whether November 1, 1907, or later, they

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shall be in denominations and bear interest as herein specified, and the date of the maturity of said bonds shall be extended to correspond with the date of issue, making the life of the bonds the same as in this Act contemplated. Date and maturity of bonds. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the city of Rossville be, and the same are, hereby authorized and required to levy and collect such tax upon the taxable property of the citizens of said city as will be necessary to carry out the provisions of this Act. Taxation. SEC. 8. Be it further enacted by the authority aforesaid, That the mayor and councilmen be, and they are, hereby constituted a building committee, and they shall have the power and authority to purchase or otherwise acquire any lot or lots in said city of Rossville and construct and equip thereon a suitable school building, as provided for in this Act; and they shall have the power and authority to call to their assistance or aid a competent architect and builder, and such other assistance as may be necessary, who shall be paid as a part of the expense incident to the construction of said building; and said building committee statement of expenditures, which shall be open for public inspection at the office of the mayor. School buildings. SEC. 9. Be it further enacted by the authority aforesaid, That no sum raised under the provision of this Act, except the sum set apart for the payment of the principal and interest of said bonds, shall be paid out by the city treasurer except upon such claims for supplies and equipments, or apparatus or material, or for all work done on said buildings as have been audited by the mayor and councilmen of said city of Rossville. Disbursement of funds. SEC. 10. Be it further enacted by the authority aforesaid, That said Act be further amended by striking section 2 thereof, defining the corporate limits of said city, and inserting in lieu of said section the following words and figures: Sec. 2. Be it further enacted, That the corporate limits of said city shall begin on the State line between Georgia and Tennessee, at Mrs. A. E. Morrison's northeast corner, said corner being about 1000 feet west of the point where Rossville avenue crosses said State line; thence south to Mrs. A. E. Morrison's southeast corner; thence southwest in a straight line running 100 yards west of the Peerless Mill to Maple street; thence west along the north side of Maple street to Flegal avenue; thence south along the west side of Flegal avenue to the intersection of Lee avenue; thence southwardly to C. A. Seinknecht's north line by Schmitt's north line; thence east along land line to east right of way of Government road; thence northeast along said right of way to a point where the south line of

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Chickamauga Cement Company's line extended would intersect said road right of way; thence about 60 degrees east 1500 feet to corner; thence northward through Cement Company's land to Mrs. A. E. Morrison's southwest corner, south of Long's field; thence northwest along land line to Mrs. M. M. Thomas's land; thence west and northeast along land lines between Cement Company and Mrs. M. M. Thomas to J. M. McFarland's southwest corner; thence southeast along land line to point 10 feet west of Leinbach road; thence northeast along and 10 feet west of center of Leinbach road to the south right of way of the old Rapid Transit Electric Railroad; thence east and southeast along said right of way of the old Rapid Transit Electric Railroad about 1100 feet to stock gap; thence east to east right of way of Government; thence northwest along said right of way to the short road east of the Iowa monument; thence northward along east side of said short road and the Crest road to a point opposite William Kelly's southeast corner; thence north along William Kelly's east line to the State line; thence west with State line to a point of beginning. Corporate limits SEC. 11. Be it further enacted by the authority aforesaid, That said Act be further amended by striking out of section 13 thereof, in the sixth and seventh lines of said section, the words and one-half of the general tax, so that said section 13, when amended, shall read as follows: Be it further enacted, That the mayor and council of the city of Rossville, in the county of Walker, are hereby authorized to levy a per capita tax of not less than fifty (50) cents, nor more than one ($1.00) dollar in addition to the authority now given said mayor and council to levy a tax for school purposes, and that the per capita tax so levied shall be used for the purpose of establishing and maintaining free schools in and for the city of Rossville, and for no other purpose. Per capita tax. SEC. 12. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and are, hereby repealed. Approved August 22, 1907.

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ROSWELL, PUBLIC SCHOOL SYSTEM. No. 119. An Act to amend section 1 of an Act entitled an Act to establish a system of public schools in the town of Roswell, by striking out the word fifteen, in the sixth line of section 1 of said Act, and inserting in lieu thereof the words twenty-five, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 1 of an Act entitled an Act to establish a system of public schools in the town of Roswell, approved December 20, 1892, be, and the same is hereby amended by striking out the word fifteen, in the sixth line of said section, and inserting in lieu thereof the words twenty-five, so that said section, when amended, will read as follows: Roswell. Section 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 mayor and council of the town of Roswell are hereby authorized to levy and collect a tax annually in addition to any tax now authorized by law, not to exceed twenty-five cents on the hundred dollars, on the real and personal property of the town of Roswell for the purpose of establishing and maintaining a system of public schools in said town; provided, that the money so raised by taxation or otherwise shall be used for school purposes, as in the Act set forth. Tax for public schools. SEC. 2. Be it further enacted, That this amendment shall not take effect until ratified by two-thirds of the qualified voters of said town of Roswell at an election to be called for that purpose by the mayor and council of said town. At said election those who favor this amendment shall have written or printed on their ballots the words For amendment, and those who oppose this amendment shall have written or printed on their ballots the words Against amendment. If two-thirds of the qualified voters of said town should not vote to ratify this amendment at the first election therefor, then the mayor and council may call an election, or elections, therefor at any time until this amendment is ratified. Election to ratify act. SEC. 3. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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ROYSTON, CHARTER AMENDED. No. 199. An Act to amend section thirty-three (33) of an Act incorporating the city of Royston, Georgia, approved August 24, 1905, empowering the mayor and council to enact ordinances preventing the delivery of and receiving intoxicating liquors and whiskies within the corporate limits of said city; to provide penalty for violating the same; to provide for the seizure and disposition of said intoxicants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that section thirty-three (33) of an Act incorporating the city of Royston, Georgia, approved August 24, 1905, be, and the same is, hereby amended by adding at the end thereof the following words, to wit: Said mayor and council are hereby further authorized and empowered in the exercise of the police power of said city to enact ordinances preventing the delivery within the corporate limits of said city of wines, beer, whiskies or other intoxicating liquors by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and to enact ordinances providing for a penalty for so doing. Said city is further authorized and empowered to enact ordinances preventing any corporation, company, partnership, person or persons whatever from receiving such intoxicants within the incorporate limits of said city from any corporation, company, partnership, or person whomsoever, and to enact ordinances providing for a penalty for so doing. Said city is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to said city of such intoxicants within the limits of said city and for the disposition of same by sale or otherwise in the hands of any corporation, company, partnership or person; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and intrastate shipments as distinguished from shipments from beyond the State and interstate commerce. Royston. Delivering or receiving liquor prohibited. 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 22, 1907.

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RUTLEDGE, CHARTER AMENDED. No. 118. An Act to amend the charter of Rutledge, Georgia, approved December 20, 1893, so as to authorize and empower the town of Rutledge, in the county of Morgan and State of Georgia, through and by its officers, to issue and sell bonds of said town, not to exceed in amount the sum of ten thousand dollars, for the purpose of erecting in and for said town public school buildings, and furnishing and equipping the same, and purchase sites thereof, if necessary, after the same is approved by a two-thirds vote of the qualified voters of said town, as prescribed by law; to provide for and sale of bonds, and for the payment of the principal and interest on the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the town of Rutledge, in the county of Morgan, be, and are, hereby authorized to issue and sell bonds not to exceed in the aggregate ten thousand dollars of the denomination of five hundred dollars 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. Rutledge; authority to issue bonds SEC. 2. Be it further enacted, That the mayor and council of the town of Rutledge 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. Tax to pay bonds. SEC. 3. Be it further enacted, That from the proceeds of the sale of said bonds the said mayor and council of the town of Rutledge shall be authorized to erect and equip a school-building, or school-buildings, in the said town of Rutledge; to purchase land 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

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under the direction of the said mayor and council of the town of Rutledge; that said mayor and council 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. School-buildings. SEC. 4. Be it further enacted, That the mayor and council of the town of Rutledge shall order an election, after notice being given as required by law for such election, at which election shall be submitted to the qualified voters of the town of Rutledge, under the same rules and regulations as the elections held for mayor and councilmen 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. Election to ratify this Act. Should the 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 election; provided, no election can be held within one year from date of last election; the power to order said election being vested in the mayor and council of said town. Other 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 22, 1907. SANDERSVILLE, CHARTER AMENDED. No. 187. An Act to alter, amend and, so far as may conflict herewith, to supersede an Act entitled an Act to amend, consolidate and supersede the several Acts incorporating the city of Sandersville, in the county of Washington; to create a new charter for said city, and for other purposes, approved December 12,

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1902; to confer additional powers and authority upon said municipal government; to confer particular powers upon the mayor and council of said city; to regulate the construction, removal or repair of buildings in said city, and to grant or to refuse to allow the same in said city; to give full authority to said mayor and council to adopt and pass quarantine regulations, and adopt such measures as may be deemed necessary to prevent the spread of contagious or infectious diseases; to give authority to the mayor and council to compel parties in control of property to connect with the sewerage system of said city, and generally to regulate the same; to confer power on said municipal government to carry into effect laws authorizing the support and maintenance of the city schools; to confer generally power and authority on said municipal government to regulate and manage its public utilities by a commission, to provide for said commission, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to amend, consolidate and supersede the several Acts incorporating the city of Sandersville, in the county of Washington; to create a new charter and a municipal government for said city, and for other purposes, approved December 12, 1902, be, and the same is, hereby altered and amended, so as to confer upon said municipal government the following additional powers, and by adding thereto the following sections, to wit: Sandersville. Sec. 54. Be it further enacted, That the mayor and council of the city of Sandersville shall have full power and authority to compel any resident or property-owner using water-closets, sinks or bathtubs, or having waterworks in the buildings owned or controlled by them, or non-residents owning such buildings wherein any of them may be used, to connect the same, or any of them, with sewers now laid or to be laid by said city, and to compel said property-owners, or others owning, or controlling, or using such buildings, to pay the expense of said connections when done by the city in the same manner that taxes are collected, or otherwise, as the mayor and council may direct, and that said mayor and council have power to pass such ordinances as may be necessary to carry these powers into effect. Sanitary powers of council. Sec. 55. Be it further enacted by the authority aforesaid,

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That said mayor and council may require by ordinance, or otherwise, that all surface wells, dry wells, or other places which are not properly drained in said city, to be filled in at the expense of the owners, and the expense of the same when done by the city to be collected and enforced in the same manner as taxes are collected, or otherwise, as the mayor and council may determine. Drainage. Sec. 56. Be it further enacted by the authority aforesaid, That said mayor and council be, and they are, hereby granted full power to regulate the building or repair or removal of houses in said city, and shall have full power to refuse to allow buildings in said city erected, repaired or removed, when satisfied that said building, or addition, or removal will be manifestly against the best interests of the city, or will endanger the safety or health of the citizens, or likely become a nuisance and offensive to property-owners or residents in said city, and may pass and enforce such ordinances requiring applications to be made to the mayor and council for the erection, repair or removal of any building in said city, and shall have power and authority to pass ordinances punishing any one for violating the same in the mayor's court of said city, and shall have power to remove at the expense of the owners or builders any houses erected, repaired or removed in violation thereof, to be collected by execution or otherwise, as may be determined. Building permits. Sec. 57. Be it further enacted, That the mayor and council, by ordinance, may provide such quarantine regulations as may be deemed best to prevent the spread of infectious or contagious diseases in said city, including the power to enforce vaccination of all residents or persons temporarily sojourning in said city, and to require all such persons to submit to vaccination, and to provide such penalties and pass such ordinances as may effectually carry out these powers. Qarantine, etc. Sec. 58. Be it further enacted by the authority aforesaid, That the waterworks and electric light plant and the sewerage system of said city shall be managed and controlled by three commissioners to be elected by the mayor and council, said commissioners to be elected by the incoming mayor and council at their first meeting in September, 1907, and their successors biennially thereafter, and said commissioners shall have the right and authority to hire such superintendent, engineers and other help as they may deem necessary and advisable; provided, the mayor and council may remove any commissioner from office for misconduct, neglect of duty or mismanagement, as now provided by law. Commissioners of waterworks and lighting plant.

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The clerk of the commissioners shall be the same person elected to the office of city clerk, and shall be required to keep the necessary books of said plants and a separate account of all expenditures and receipts, and have at all times vouchers in his office for what moneys are expended. Clerk of commissioners. Sec. 59. Be it further enacted, That said water and light commissioners only to manage and control said plants as constructed under authority of the mayor and council, with only the power to make contracts to keep said plants in repair and good condition, and to employ assistants and help, as above specified, the mayor and council having exclusive right to authorize extensions or further additions to said plants, or any of them. Powers of commissioners. Sec. 60. Be it further enacted, That no funds shall be paid out by said commission except by check, to which shall be attached the voucher showing for what the same is paid, and the mayor shall approve all checks before any treasurer or depository shall be authorized to pay the same. Disbursements, how made. Sec. 61. Be it further enacted by the authority aforesaid, That the secretary or clerk of the water and light commissioners shall be paid a salary of twenty-five dollars per month as book-keeper and secretary of said commissioners, in addition to his salary as city clerk and the fees which by ordinance may be provided by the mayor and council. Salary of clerk of commissioners. Sec. 62. Be it further enacted by the authority aforesaid, That from and after the passage of this ordinance the salary of city clerk as clerk of the council shall be and is fixed at $25.00 per month, instead of $12.00 per month as in said original Act provided. Salary of clerk of council. Sec. 63. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to make appropriations to support or improve the public schools of the city, and that full power and authority is hereby conferred upon said mayor and council to carry into effect the provisions of section 5 of an Act approved December 18, 1900, and amendments thereto, said Act contained in Acts 1900, pages 411, 412 and 413. Powers of mayor and council. Sec. 64. 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 22, 1907.

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SAVANNAH, GRANT TO THE CITIZENS AND SOUTHERN BANK. No. 22. An Act to authorize and empower the mayor and aldermen of the city of Savannah to grant to the Citizens and Southern Bank, a banking corporation of the city of Savannah, upon such terms as may be agreed upon by the said municipal corporation, a strip four (4) feet in width of the sidewalk on the north side of Julian street, between Bull and Drayton streets, bounding on the south lot letter B, Derby ward, in the city of Savannah, Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and aldermen of the city of Savannah, a municipal corporation of said State, be, and it is, hereby authorized and empowered to grant to the Citizens and Southern Bank, a banking corporation of the city of Savannah, upon such terms as may be agreed upon by the said municipal corporation, a strip four (4) feet in width of the sidewalk on the north side of St. Julian street, between Bull and Drayton streets, bounding on the south lot letter B, Derby ward, in the city of Savannah, Georgia. Savannah; St. Julian street. 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. Not approvedlaw by lapse of time. SAVANNAH, STREETS, ETC. No. 11. An Act to empower the mayor and aldermen of the city of Savannah to close up as thoroughfares certain lanes in the city of Savannah, Georgia, to wit: Lane in Kelly ward, between Bolton and Waldburg streets, and extending from Harmon street to Ott street, and lane in section nine (9), Waring ward, between Duffy and Henry streets, and extending from East Broad street westward to a line coincident with the western lines of lots twenty-four (24) and twenty-five (25), in said section and ward, and to direct that said lanes be devoted to park uses, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, That the mayor and aldermen of the city of Savannah is hereby authorized and empowered to close up as thoroughfares certain lanes in the city of Savannah, Georgia; that is to say, a certain lane in Kelly ward, between Bolton and Waldburg streets, and extending from Harmon street to Ott street, and another lane in section nine (9), Waring ward, between Duffy and Henry streets, and extending from East Broad street westward to a line coincident with the western lines of lots twenty-four (24) and twenty-five (25) in said section and ward, and the said municipal corporation is further authorized, empowered and directed to devote said lanes to park uses, so as to make them part and parcel of respective parks, made up of said lanes and land purchased by said mayor and aldermen of the city of Savannah lying to the north and south of said lanes and adjoining the same; a portion of said last named lane, in the park in Waring ward, to be used in laying out a street or entrance way to said park. The land embraced in said lanes is hereby granted to the mayor and aldermen of the city of Savannah for said uses and purposes. Savannah; streets and parks. 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. Not approvedlaw by lapse of time. SCREVEN, INCORPORATED. No. 80. An Act to incorporate the town of Screven, in Wayne county, Georgia; to define its corporate limits; declare its powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Screven, in the county of Wayne, is hereby incorporated as a town under the name and style of the town of Screven. Screven, town of incorporated. SEC. 2. Be it enacted further, That the corporate limits of said town shall extend one-half mile in every direction from the passenger depot of the Atlantic Coast Line Railroad Company, power being hereby given to the corporate authorities of said town to alter, modify, change and rectify said corporate limits. Corporate limits.

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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 said name and style of the town of Screven, and by that name shall be capable of suing and being sued in any court of law or of equity; make contracts, purchase and hold and dispose of real estate and personalty, and sell, lease and exchange the same, and generally 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. SEC. 4. Be it further enacted, That C. S. Meadows, Jr., be, and he is, hereby appointed mayor, and J. A. Hilton, A. C. Hatcher, A. C. Kicklighter, L. W. Herrington and J. P. Strickland be, and they are, hereby appointed aldermen of said town of Screven, to hold office until the next and first annual election, as hereinafter provided. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That on the third Wednesday in January, 1908, and each year thereafter on said day, an election shall be held in the council chamber of said town for a mayor and aldermen thereof, who shall hold their offices for one year from said day, and until their successors are elected and qualified; all persons being eligible to said offices who are qualified at the time to vote for members of the General Assembly of this State and have resided in said town for three months immediately preceding the said election. Such elections shall be held and conducted as are those for county officers, and the certificate of the managers shall authorize the persons declared elected to enter upon the discharge of the duties of said officers, the returns of said election being made to the mayor and aldermen of said town. In the event a vacancy, for any cause, occur in any of said offices, the same shall be filled as to the mayor by the board of aldermen selecting one of their own number to fill the unexpired term, and as to an alderman by the selection of some fit and proper person by the mayor and the remaining aldermen. Election of successors. SEC. 6. Be it further enacted, That before entering the discharge of their duties the said mayor and aldermen shall take an oath to faithfully discharge the duties devolving upon them respectively to the best of their ability and understanding. Official oath SEC. 7. Be it further enacted, That the said mayor and aldermen shall have power and authority to elect such marshals, clerks, treasurer and other officers as they may deem necessary to properly carry on the affairs of said town; prescribe the

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duties and fix the compensation of such officials, and require bonds therefrom; to make and pass all ordinances, by-laws, rules and regulations which they may deem necessary for the good order, peace, health and government of said town, and for the enforcement of the powers herein granted; have exclusive jurisdiction over the streets, alleys, sidewalks, drives, parks and other public property of said town, keeping the same in good order and removing all obstructions of the same at the expense of the person obstructing; construct and maintain, at such time as they may determine, waterworks, drainage and sewerage systems, lights and other modern improvements, issuing bonds, when necessary, to pay for the same; establishing and regulate police, fire and sanitary protection for said town, when in their judgment necessary; grant municipal franchises; raise revenue by taxation, and grant licenses to defray the expenses of government; regulate the sale and barter of merchandise within the limits of said town, and the exhibition of shows and to impose on the same all proper taxation and license, and generally to do all things whatsoever not repugnant to the laws of Georgia, which may be incident to municipal corporations. Powers of mayor and aldermen. SEC. 8. Be it further enacted, That the said mayor and aldermen of said town shall have power to enforce its said ordinances, rules and regulations by fines not exceeding fifty dollars, and imprisonment not exceeding thirty days. Punitive powers. SEC. 9. Be it further enacted, That the mayor and aldermen of said town shall have authority to elect from their number a mayor pro tempore, who shall discharge the duties of mayor during his absence or inability from sickness or other causes to perform said duties; and the said mayor and mayor pro tempore shall be, by virtue of their said office, justices of the peace as to criminal matters, with power to issue warrants and commit for trial, compel the attendance of witnesses, hold examinations, and admit to bail or commit to jail in default thereof. Powers of mayor and mayor pro tem. SEC. 10. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof, shall see that its ordinances, rules and regulations are enforced, 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. Powers of mayor. SEC. 11. Be it further enacted, That the said mayor and aldermen shall have authority to levy a special tax for educational purposes. Taxation.

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SEC. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 19, 1907. SPARKS, CHARTER AMENDED. No. 28. An Act to amend an Act creating a new charter for the town of Sparks, Georgia, approved December 20, 1899, so that when said Act is so amended, said town shall have the right to call elections for the voting of bonds for waterworks, electric and other lighting plants, building town halls, and any and all other public buildings and enterprises that said town may desire, and for other purposes. SECTION 1. Be it further enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that said Act so recited in the caption thereof shall be, and the same is, hereby amended by adding at the end of section 21 of said recited Act the following: That the mayor and council of Sparks shall also be empowered and authorized to call elections for said town for the purpose of levying bonds for waterworks, electric and other lighting plants, building town halls, and any and all other public buildings and enterprises that said town may desire, and that said mayor and council be, and they are, hereby authorized to sell such bonds as is now prescribed by law, and that they shall also have the right to levy a tax to pay the interest on said bonds in any amount not to exceed one per centum. Sparks, charter amended. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 12, 1907.

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SPRINGFIELD, INCORPORATED. No. 224. An Act to incorporate the city of Springfield, in Effingham county, Georgia; to define its corporate limits; declare its powers, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city of Springfield, in the county of Effingham, is hereby incorporated as a city under the name and style of the city of Springfield. Springfield, city of incorporated. SEC. 2. Be it further enacted, That the corporate limits of the city of Springfield shall be as follows: Beginning at the point in the middle ground where said road crosses Raccoon branch, and running in a westerly direction to a point in Snook's branch, directly west of the residence of R. E. Shearouse, thence take the run of Snook's branch in a northerly direction to the point where said branch flows into Jack's branch, thence along Jack's branch to the point where the western boundary of old Springfield crosses said Jack's branch, thence following this western boundary to the old corner near Hinely's fence, thence following the old northern boundary of the old Springfield and continuing in a straight line till a point 600 yards to the eastward of Brinson Railway is reached, thence taking a general southerly direction, at all times this eastern boundary being at a distance of 600 yards to the eastward of Brinson Railway, till the Middle Ground road is reached, thence taking a westerly direction along the Middle Ground till the point is reached where the Middle Ground crosses Raccoon branch, this point being the starting point. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said city shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the city of Springfield, 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 hereafter be conferred upon the same. Mayor and aldermen.

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SEC. 4. Be it further enacted, That B. E. Mingledorff be, and he is, hereby appointed mayor, and H. A. Seckinger, A. J. McArthur, J. H. Hodge, C. F. Berry and W. A. Jaudon be, and they are, hereby appointed aldermen of the said city of Springfield, to hold office until the next and first annual election, as hereinafter provided. They are empowered to meet and organize as soon as this charter has been passed by the General Assembly of Georgia. Mayor and aldermen appointed. SEC. 5. Be it further enacted, That on the first Tuesday in January, 1908, an election shall be held in the council-room of said town for a mayor and five aldermen. Thereafter elections shall be held annually on the first Tuesday in January. The mayor shall be elected annually thereafter on the first Tuesday in January. In the first annual election, January, 1908, the two of the five elected as aldermen receiving the highest number of votes shall hold office for two years, the other three shall hold office for one year. Then, afterwards, at the annual elections, the successors to the aldermen whose term of office shall expire shall be elected for two years. The newly-elected mayor and aldermen shall qualify on the Wednesday following the day of election, or as soon thereafter as possible. The retiring mayor and aldermen shall hold office until their successors qualify. Election of successors. SEC. 6. Be it further enacted, That a person to be eligible to the election of the office of mayor shall be at least twenty-five years old, and a citizen of the city of Springfield for the six months next preceding the election. Qualifications for mayor. A person to be eligible to the election as alderman shall have attained the age of twenty-one years, and shall have lived in the city of Springfield for the six months next preceding the election; and the further qualification for mayor and aldermen is, that they shall be qualified voters in the election wherein they are elected. Qualifications for aldermen. SEC. 7. Be it further enacted, That the managers at said elections shall be a justice of the peace and two freeholders, or three freeholders, all of said freeholders to be residents of said city; and, before entering on the discharge of their duties as managers of said election, they shall each subscribe to the following oath, to wit: All, and each of us, do swear that we will faithfully superintend this day's election; that we are a justice of the peace and two freeholders (or three freeholders) residing in the city of Springfield; that we will make a just and true return thereof, and that we will not knowingly permit any one

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to vote in this election unless we believe he is entitled to vote according to the laws of said city, nor will we knowingly prohibit any one from voting who is by law entitled to vote in the election in which he offers to vote. Said affidavit to be signed by each manager in the capacity in which he acts. Election managers. SEC. 8. Be it further enacted, That the polls at all elections held in and for said city shall be open from 8 o'clock a.m. until 3 o'clock p.m., when the polls shall be closed, and the managers of the election shall proceed to count the ballots, declare and certify the result thereof, which certified result shall be proof to all of the election. 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 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. SEC. 9. Be it further enacted, That any person shall be a qualified voter in the elections of said town who has been a bona fide resident of said city for three months, and a resident of the State for one year next preceding the date of election, and who has been duly registered as a voter in said town, as hereinafter required. Voters. SEC. 10. Be it further enacted, That the clerk, or registrar, of the city of Springfield, upon the application of any person qualified to vote for members of the General Assembly of Georgia, within the time prescribed by law for the registration list to be kept open, shall register the name of said person; provided, said person shall take the following oath, to be administered to him by the clerk: You do solemnly swear that you are a citizen of the United States, that you are twenty-one years of age, or will be on or before the date of the next annual election, and that you will have resided in the incorporate limits of the city of Springfield for three months preceding the next annual election, and one year in this State, and that you have paid all taxes legally imposed or demanded of you by the authorities of the city of Springfield, and you do further swear that you have paid all taxes required of you by the State and county since adoption of the Constitution of 1877. The registration book shall be opened for the registration of voters of the city forty days before a regular election, and be closed ten days before said regular election.

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Five days before the election the clerk, as registrar, shall have made out three alphabetical lists of all the qualified voters for the next regular election, and one copy of this list shall be turned over to the mayor for his file, one copy filed in said clerk's office, and the third copy to be held by him and turned over to the election managers on the morning of the election, and this copy to be sealed up with the tally-sheets of the election. Registration of voters. SEC. 11. Be it further enacted, That the newly elected mayor and aldermen shall qualify on the Wednesday following their election or as soon thereafter as possible, by each one taking and subscribing to the following oath: I do solemnly swear that I will well and truly perform the duties of mayor (or aldermen) of the city of Springfield by adopting and enforcing such methods as may, in my judgment, be qualified to promote the best interest of the city of Springfield, and are consistent with the charter, and the laws of the State, and I do further swear that I have not practiced any unlawful means to procure my election, and that I have not offered or promised or caused to be given, offered or promised any person or persons any money, treat or thing of value, with any intent to affect any vote, or prevent any person voting at the election at which I was elected; so help me God. The regular meetings of the board of aldermen and the mayor shall be monthly. The day for regular monthly meetings for each year shall be decided in January of each year, not to be changed during the year. The mayor may call a meeting of aldermen when he deems it necessary. The aldermen may hold adjourned meetings as they think best. Official oath. Meetings of council. SEC. 12. Be it further enacted, That the mayor shall be the executive officer of the city, having a supervision of all matters for the public good; he shall have a veto power over all matters passed by the board of aldermen; he shall have control of the police force, appointing special policmen as the case may need; to see that proper bonds are filed by all officers required to give bond, before said officers enter upon their duties; to try all persons charged with offenses against the laws and regulations of the city; he shall not sit with the board of aldermen unless by their invitation; he shall endorse or veto every ordinance passed by the aldermen within ten days, otherwise it shall become an ordinance of the city; he shall be authorized to make recommendations of any needful ordinances, or changes in ordinances, to the board of aldermen; such recommendation shall be in writing and signed by mayor; and such other duties as

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the board of aldermen see fit to put upon the mayor, consistent with the charter and not inconsistent with the laws of the State. Powers of mayor. SEC. 13. Be it further enacted, That the board of aldermen shall be the legislative body for the city of Springfield. They shall pass all ordinances, by-laws and resolutions for the government of the city, and send them to the mayor for his approval, and, if the mayor vetoes a measure, then the aldermen may pass it by a two-thirds vote of the entire board, in which event the measure shall become of force, the same as if the mayor had endorsed it. They shall elect a marshal, clerk, treasurer, or other subordinate officers as they may deem necessary for the proper carrying out of 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, with the approval of the mayor. Legislative body. SEC. 14. Be it further enacted, That the said aldermen shall have power and authority to make and pass all ordinances, by-laws and resolutions they may deem necessary for the good order, peace, health and government of said city and for the enforcement of all powers herein granted; provided, they are not repugnant to the Constitution of this State and of the United States. Legislative powers. SEC. 15. Be it further enacted, That the municipal government of said city shall have power to enact all ordinances necessary to suppress vice or immorality, or to foster virtue, intelligence and good morals in said city, and to enforce the observance of their ordinances, by-laws and resolutions, by fines, imprisonment or work on the public streets, not to exceed fifty dollars fine, imprisonment in the guard-house for thirty days, or work on the public work, such as streets, driveways, etc., for thirty days, any one of these in the discretion of the court trying the defendant. Punitive powers SEC. 16. Be it further enacted, That the municipal government 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 under oath, and for paying taxes, notice of such time so fixed shall be given at least four weeks prior to the date so fixed by posting notices thereof in three public places in said city. Said tax shall not exceed one-half of one per cent. annually upon the assessed value of the property. They shall have power to appoint three

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freeholders, citizens of said city, whose duty it shall be to assess all property, real and personal, for taxation, and make a return thereof to the municipal government under such rules and regulations as they may provide, and at such times as they may designate. Taxation. SEC. 17. Be it further enacted, That in addition to the ad valorem taxes charged and collected, the municipal government shall have authority to collect a specific tax upon any and all persons running a billiard or pool table, or tables, tenpin or ninepin alleys, or tables or alleys of any kind, also upon all wheels of fortune, or ball or slot machines, or any other device of chance kept for the purpose of inducing trade or for private gain, operated in said city; also upon all shows, circuses, sleight-of-hand performances or play, except those given for charity or religious purposes, or those exempt from tax under the laws of this State; also upon all fire or life insurance companies doing business in said city; also upon all telegraph, telephone and express companies; also upon all building and loan companies, persons or firms loaning money, or carrying on any business for profit, either by himself, agent, either local or occasional, if licensed or taxed by the State, may be taxed by the city for the use of the city; buying or selling of any product for profit, whether he has a fixed place of business and is doing business daily, or has only a moving place of business, and is doing business at intervals. They shall have power to levy and collect a specific tax upon all transient persons doing business business in said city, and upon all itinerant traders, tinkers or peddlers, plying their vocations or offering their wares for sale in said city, except such professions, business, callings or persons the State law exempts from taxation. All specific taxes mentioned in this section shall be paid to the clerk and treasurer before the person shall engage in the business, pursuit or calling, and when he shall have paid the tax, he shall receive a license or permit from the clerk, signed by the clerk and mayor, for his receipt, and any person who shall fail to pay same before beginning business, immediately upon being found 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 not to exceed thirty days; and, in the case of corporations or non-resident firms, the agent who represents them in the city shall be subject to the same penalty for doing business without first obtaining a license or paying a tax. Specific taxes. SEC. 18. Be it further enacted, That the municipal government

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shall have full power and authority over the laying out and keeping up of streets, ditches or sidewalks, and shall enact such regulations as are necessary for the proper administration of the streets, ditches, sewers and sidewalk department of the city. They shall also be authorized to pass such regulations and enforce such laws as will protect all public grounds and buildings in said city, the property of either the city or any society of a public nature, and to pass such regulations as will protect the people from dangerous structures or protect the property wherein fire danger is too much. Streets, etc. SEC 19. Be it further enacted, That the municipal government shall have power to require each male citizen between the ages of eighteen and fifty years to do not exceeding ten days work upon the streets of said city annually, or in lieu thereof to pay a commutation tax of $3.00 each year, and, upon failure to work as summoned or pay the commutation tax when demanded, shall, upon conviction, be forced to work the streets twenty days. The money derived from the commutation tax shall be used for no other purpose than for improving the streets, ditches, sidewalks or driveways. Street work or commutation tax. SEC. 20. Be it further enacted, That at the first regular meeting of each year, the board of aldermen shall elect one of their number as chairman, and shall act as mayor in the absence, death or disqualification of the mayor; and, when acting as such mayor, his powers and prerogatives as alderman shall suspend, to be resumed when he ceases to act as mayor, unless the time for which he was elected shall have expired. Mayor pro tem. SEC. 21. Be it further enacted, That the mayor and the mayor pro tem when acting as mayor, shall be, by virtue of their said office, justices of the peace as to crimes against the State laws, 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 of bond. Powers of mayor. SEC. 22. Be it further enacted, That the municipal government shall not have the power and authority to license or to authorize persons to sell intoxicating liquors of any kind, but may punish in accordance with an 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 city intoxicating liquors for the purpose of illegal sale. Sale of liquor. SEC. 23. Be it further enacted, That the measures passed by

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the board of aldermen shall be classed as ordinances, by-laws or resolutions. An ordinance shall be introduced at a regular monthly meeting, referred to the proper committee, and passed or rejected at the next regular meeting, unless action is postponed. A by-law may be introduced at any regular meeting and passed at the same meeting, a regular, adjourned or called meeting. Ordinances and resolutions, how passed. SEC. 24. Be it further enacted, That the mayor or any member of the board of aldermen, upon conviction before said body for neglect of duty or malpractice in office, may be removed by a vote of the trial board. They shall also be liable to the same punishment as other individuals for violation of any of the ordinances of the city. Malpractice. SEC. 25. Be it further enacted, That no officer of said city shall have any interest in any contest, either directly or indirectly, in which the city is a party; neither shall any members of the municipal government be allowed to vote upon any question that he has any personal interest in whatever. Municipal contracts. SEC. 26. Be it further enacted, That the present city of Springfield shall be seized with all the street and land rights that the former Springfield commission had, as all the land in the old town of Springfield was only sold by lots, with mapped streets, etc., reserved for the public use. Rights of former corporation. SEC. 27. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved August 22, 1907. STATHAM, CHARTER AMENDED. No. 254. An Act to amend an Act incorporating the town of Statham, in Jackson county, Georgia, approved December 5, 1902, empowering the mayor and council of the said town of Statham to enact ordinances preventing the delivery of and receiving intoxicating liquors and whiskies within the corporate limits of said town of Statham; to provide penalty for violating the same; to provide for seizure and disposing of said intoxicants, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the Act incorporating the town of Statham by an Act of the General Assembly of the State of Georgia, approved December 5, 1902, and the same is hereby amended as follows: The town of Statham is hereby authorized and empowered in the exercise of the police power of said town by its mayor and councilmen to enact ordinances preventing the delivery within the corporate limits of said town of wine, beer, whisky, or other intoxicating liquors, by any corporation, company, partnership, or by any other person or persons, directly or indirectly, and the said mayor and councilmen of the town of Statham are authorized to enact ordinances providing a penalty for so doing. Said town of Statham is further authorized and empowered through its mayor and councilmen to enact ordinances preventing any company, corporation, or person whatever, from receiving such intoxicants within the corporate limits of said town from any corporation or person whomsoever and to enact ordinances providing for a penalty for so doing. Said town of Statham is further authorized and empowered to enact ordinances by its mayor and councilmen to provide for the seizure and forfeiture to said town of Statham of such intoxicants within the corporate limits of said town, and for the disposition of same by sale or otherwise, in the hands of any corporation, company, or person whatever. Said town of Statham is further authorized and empowered in the exercise of its police power through its mayor and councilmen to provide for and enact any other ordinances looking to the regulation, restriction, suppression or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said town, whether by high license, prohibitory tax or otherwise; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and intrastate shipments as distinguished from shipments from beyond the State and interstate commerce. Statham. Delivering or receiving liquor prohibited. 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 22, 1907.

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SUMMERVILLE, CHARTER AMENDED. No. 233. An Act to divide the village of Summerville, in Richmond county, Georgia, into four wards, and to provide for the election of one of each of the commissioners from each of said wards and to prescribe the manner of holding elections for the commissioners from said wards and the intendant of the village, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the village of Summerville, in Richmond county, shall be divided into four wards. Summerville, village of divided into wards. SEC. 2. Be it further enacted, That the said wards shall have the following boundaries and be contained within the following limits, to wit: Beginning at the intersection of the Wrightsboro road and the southeastern limits of the village, running thence westerly along the middle of the Wrightsboro road to its intersection with Baker avenue; thence northerly along the middle of Baker avenue to the intersection of Baker avenue with Watson Way; thence westerly along the center of Walton Way to a point where Heard street extended would intersect with Walton Way; thence northerly along the line of said Heard street extended across Heckle street along the center of Heard street to its intersection with Starnes street; thence westerly along the center of Starnes street to its intersection with Spring street; thence along the center of Spring street northwesterly to Battle Row road; thence across Battle Row road to a street which separates what was formerly the Milledge home tract from lands now or formerly belonging to Greene and lands of the Augusta Land Company, said street appearing upon different plats under different names, some places designated as Estes street, some places as Greene street; thence along the center of said street northwesterly to its intersection with High street; thence along High street to its intersection with Broad street; thence along the southern edge of Broad street to the intersection thereof with the northeastern limits of said Summerville; thence along the northeastern and eastern limits of the village of Summerville to the point of beginning, and the territory embraced in said boundaries shall be known as the first ward. The Heard street, Starnes street and Spring street here referred to being the streets so designated and as appearing on a certain plot of the Heckle Place recorded in the clerk's office Richmond superior court in book 5Js, page 113. Beginning

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at the intersection of High street and the southern edge of Broad street, running southerly along the center of High street to its intersection with the street between the Milledge home place and land of the Augusta Land Company and Greene, hereinbefore referred to; thence southeasterly along the center of said street to its intersection with the Battle Row road; thence southeasterly along the center of Spring street to its intersection with Starnes street; thence easterly along the center of Starnes street to its intersection with Heard street; thence along the center of Heard street to Heckle street and along this center line of Heard street extended, southerly to its intersection with Walton Way; thence easterly along the center of Walton Way to its intersection with Baker avenue; thence southerly along the center line of Baker avenue to its intersection with King Way; thence westerly along the center of King Way to its intersection with John street; thence northerly along the center of John street to the end of John street; thence along the boundary line between the property of the County Club of Augusta and Robert S. Watkins, to the northwestern limits of the village of Summerville; thence along the northwestern and northern limits of the village of Summerville to its intersection with Broad street; thence along the southern edge of Broad street to the point of beginning, and the territory embraced in the foregoing limits shall be designated as the second ward. Beginning at the intersection of the line between the property of the Country Club of Augusta and Robert S. Watkins on the northwestern boundary of the village of Summerville and extending along said property line to the northern end of John street; thence southerly along the center of John street to its intersection with the center of King Way; thence along a line being the extension of the center line of King Way in a westerly direction until it intersects with Roddy avenue; thence southwesterly along the center of Roddy avenue to its intersection with the Southwestern boundary of the village of Summerville; thence along the southwestern and western boundary lines of the village of Summerville to the point of beginning, and the territory embraced in these limits shall be designated as the third ward. Beginning at the intersection of the Wrightsboro road and the southeastern boundary of the village, running thence westerly along the center of the Wrightsboro road to its intersection with Baker avenue; thence along the center of Baker avenue to its intersection with King Way; thence westerly along the center of King Way and King Way extended to an intersection with Roddy avenue; thence southwesterly along the center of Roddy avenue to the southwestern limits of the village of Summerville; thence

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along the southwestern, southern and southeastern limits of the village to the beginning point, and the territory embraced in these limits shall be designated as the fourth ward, SEC. 3. Be it further enacted, That of the four commissioners to be from time to time chosen to govern said village, under the existing laws and ordinances, one each shall be chosen from each of the aforementioned wards, from among the actual residents of said ward and by the qualified voters of such ward, but the intendant of the village shall be chosen by all the qualified electors of the village and may be a resident of any one of the aforesaid wards, the qualification of the intendant and commissioners being in the other respects the same as set out in the existing laws and ordinances, but if said intendant should cease to be an actual resident of the village, or any commissioner should cease to be an actual resident of the ward from which he is chosen, such removal from the village or ward, as the case may be, shall create a vacancy in such office. Commissioners. SEC. 4. Be it further enacted, That of the two commissioners which under existing laws are to be elected at the next ensuing election in January, 1908, one shall be chosen from ward two and one from ward four, and of the commissioners to be elected in January, 1909, one shall be elected from ward one and one from ward three, to serve for terms as now prescribed by the laws governing said village. Terms of commissioners. SEC. 5. Be it further enacted, That the village of Summerville is empowered to hold the elections for intendant and commissioners from all the wards either at one place, or as may be from time to time designated by the village, or the said village of Summerville may provide that the elections for the different commissioners be heldat election precinctsestablished in the respective wards from which said commissioners are chosen, and may, from time to time, make such changes in reference to the place of holding said elections, either at one place, as hereinbefore provided, or in the separate wards, as said village of Summerville may from time to time deem proper. Elections, how held. SEC. 6. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved August 22, 1907.

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SUMMERVILLE, CHARTER AMENDED. No. 300. An Act to authorize and require the village of Summerville, in the county of Richmond, to hold special elections to fill vacancies in the offices of the intendant or commissioners of said village, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That upon the happening of any vacancy in the office of intendant, or of commissioner, of the village of Summerville, in Richmond county, Georgia, whether said vacancy occur by death, resignation or removal from office, a special election shall be called by the intendant, or in the event of a vacancy in the office of intendant, by the commissioners, to fill the existing vacancy. Said election shall be called and held within sixty days of the happening of the vacancy, and shall be held in all other respects according to the same laws, ordinances and regulations as pertain to regular elections for intendant and commissioners under existing or hereafter adopted laws and ordinances, and the village of Summerville is hereby given and granted all powers necessary for calling and holding special elections, as herein provided, and adopting all necessary ordinances to that end. Summerville; vacancies in office of intendant or commissioners. 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 22, 1907. TALBOTTON, PUBLIC SCHOOL SYSTEM. No. 265. An Act to establish a public school system for the town of Talbotton, Georgia; to provide raising revenue, by taxation, for support of same; to provide for officers and for the general management of said public school system, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in the town of Talbotton, Georgia, situated in the county of Talbot, a system of public schools to be maintained and supported as provided for in this Act. Talbotton; public schools. SEC. 2. Be it further enacted, That the limits of said public schools shall be coextensive with the corporate limits of said town of Talbotton, and the jurisdiction of said town of Talbotton shall extend over said territory fully and completely for the purposes of this Act. Jurisdiction. SEC. 3. Be it further enacted, That the management and control of all schools in said town shall be vested in a board to be known as the board of school trustees of the town of Talbotton, composed of seven persons, and which board, by that name and style, shall have perpetual succession; have and use a common seal; have a right to sue and be sued, and have power to purchase, receive and to hold to them and their successors in office, for school purposes, any estate, real, personal, and of every kind and character. School trustees. SEC. 4. Be it further enacted, That any person qualified to vote for members of the General Assembly, and living within the corporate limits of said town of Talbotton, shall be eligible as a member of the board of school trustees of said town. Qualifications of of trustees SEC. 5. Be it further enacted, That J. M. Health, J. H. McGeehee, A. J. Perryman, J. B. Douglass, L. W. Smith, E. H. Spivey and C. C. Grant shall be, and are, hereby constituted the board of school trustess of said town, to carry into effect the provisions of this Act. Should a vacancy, or vacancies, occur at any time in the board of school trustees, the same shall be filled by an election to be held by the remaining members thereof. Trustees appointed. SEC. 6. Be it further enacted, That said board of school trustees shall, as early as practicable each year, by resolution require the mayor and council of said town to levy and collect an [Illegible Text] valorem tax on all taxable property within the corporate limits of said town for school purposes for that year, an amount not to exceed one-half of one per cent., and when so collected to be turned over to the board of school trustees promptly, to be used for the purposes of this Act; and it shall be the duty of said mayor and council of said town, when such resolution is passed and presented to them, to levy, collect and turn over said tax money, as provided in this Act. School tax. SEC. 7. Be it further enacted, That said board of school trustees

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shall, immediately after this Act goes into operation, organize by electing a chairman, vice-chairman, secretary and treasurer from their own number. No member shall receive compensation for services except the secretary and treasurer, whose compensation shall be fixed by the board of trustees at the beginning of his term, and shall not thereafter be changed during said term. The secretary and treasurer shall give good and sufficient bond, to be fixed by said board of school trustees, and to be made payable to that body and their successors in office, which bond shall be approved by the chairman of the board of school trustees. Organization of trustees. SEC. 8. Be it further enacted, That the county school commissioner of Talbot county shall pay over directly to the treasurer of said board of school trustees the amount of all school funds which should be paid to the Talbotton schools under the rules and regulations of the county board of education of said county of Talbot. Pro rata share of public school fund SEC. 9. Be it further enacted, That said board of school trustees shall have power to adopt a system of public schools in said town; to elect a superintendent and prescribe his duties, and to remove him for cause, in their discretion; to employ, suspend or remove teachers, and to fix their compensation by salary or otherwise; to provide school buildings, and by rent, building, purchase, or otherwise, to make and hold title to said property; to make such rules and regulations for the government of themselves and such schools as they deem proper, not conflict with the laws of this State, and to do any and all things promotive of the above educational interests of said town not in conflict with the provisions of this Act or the laws of this State; provided, said board of trustees shall not have the power to purchase property or sell it without the consent of the majority of the qualified voters of said town, to be ascertained by an election to be held for that purpose, notice of which election shall be given by said board of trustees for twenty days prior to the holding of same, and which election shall be in accordance with the laws governing elections of mayor and council of said town, and in which election the returns shall be made to the board of school trustees, who shall publish the same. Any citizen living within said town and who is qualified to vote in said election may contest the legality of said election, or correctness of said returns, in the same manner as contests are made in the elections of mayor and council of said town. Powers of trustees. SEC. 10. Be it further enacted, That there shall be established

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a school for not less than seven nor more than ten scholastic months in each year, the length of said term to be in the discretion of said board of school trustees. The curriculum in said schools shall be only such as is taught in the system of public schools maintained by the State, except for pupils wishing to study the higher branches of education, in which event the trustees may provide for a higher curriculum on such terms as they may deem best. There shall be one and only one school for white children, and one and only one school for colored children. All children entitled to the benefit of public schools under the laws of this State, and whose parents, guardians or natural protectors reside within said town, shall be admitted to the aforesaid school, white children into the white school, and colored children into the colored school, upon the payment of such admittance fee only as the board of school trustees may deem necessary. The children of non-residents and such others as may not be entitled to the benefit of these schools shall be admitted upon such terms as may be prescribed by said board of school trustees, not in conflict with the laws of this State. Scholastic term, curriculum, etc SEC. 11. Be it further enacted, That the board of education of Talbot county shall not establish any other schools or contract with any other person to teach a school of any character in the school limits of said town, nor shall any of the State school funds be paid to any other school in said school limits of said town than the schools herein provided for. Other schools. SEC. 12. Be it further enacted, That the taxes provided for in this Act shall be an additional and separate tax to that provided in charter of said town, and shall be returned, levied and collected as the ad valorem taxes of the town of Talbotton are returned, levied and collected, except said tax shall be returned, levied and collected for school purposes only, and shall be kept separate from the funds of said municipality and shall be, as soon as collected, turned over by the officers of said town to said school board, and shall embrace all the taxable property within the corporate limits of said town. The officers of said town, whose duties it is to collect the taxes of said town, are hereby authorized, empowered and required to collect the taxes provided for in this Act; and the clerk of the town council may issue executions in the name of the mayor of said town council to enforce the collection of said taxes, and the marshals of said town or the sheriff of Talbot county are hereby authorized and empowered to levy and, by sale or otherwise, collect said taxes in the same manner as the taxes of the town of Talbotton are collected. School tax, how levied and collected.

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SEC. 13. Be it further enacted, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters residing within said town, for which purpose the persons hereinbefore named as school trustees shall, whenever they deem it advisable, order an election, of which ten days' notice shall be given by posting in three conspicuous places in said town and an additional notice in a newspaper published in said town, in which notice the time, place and purpose of said election shall be stated, and which election shall be held under the same rules and regulations as elections for mayor and council of the town of Talbotton. At said election those favoring public schools shall have written or printed on their ballots, For public schools, and those opposing public schools shall have written or printed on their ballots, Against public schools, and if two-thirds of the qualified voters voting in said election shall vote for public schools, this Act shall become immediately operative, and said board of school trustees shall put said school into operation as early as practicable; should the result of the election herein provided for be against public schools, the board of school trustees of said town may order another election once every year thereafter until public schools are adopted. Election to ratify this Act. SEC. 14. Be it further enacted, That the board of school trustees shall annually make a report to the public in writing of the condition of said schools, and oftener if they deem necessary, and they shall accompany their report with the treasurer's report, with a full and itemized statement of all moneys received and expended by said board. Reports of trustees. SEC. 15. Be it further enacted, That the control, management and title to all school property within the corporate limits of the town of Talbotton, Georgia, as well as the control of all schools within said town, is hereby transferred from the County Board of Education of Talbot County and vested in The Board of School Trustees of the Town of Talbotton. Title and control of school property. SEC. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907.

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TEMPLE, PUBLIC SCHOOL SYSTEM. No. 146. An Act to authorize the town of Temple to establish a system of public schools; to provide for the maintenance and support of same; to create a board of school commissioners, and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in the town of Temple, in the county of Carroll, a system of public schools in the manner hereinafter prescribed. Temple; public school system. SEC. 2. Be it further enacted, That in conformity with article 8, section 4, paragraph 1, of the Constitution of the State as now amended, an election shall be held in the town of Temple on the seventh of September, 1907, on the question of establishing and maintaining public schools in said town by local taxation. All persons shall be entitled to vote at said election who are qualified to vote in municipal elections in said town and for members of the General Assembly of this State, and those favoring the establishment of such public schools shall have on their ballots the words For public schools and those opposed thereto shall have on their ballots the words Against public schools. Such election shall be held as elections for mayor and council of said town are held, and if two-thirds of the votes cast at such election shall be For public schools then this Act shall become operative. If the result of such election should be Against public schools, then said mayor and council shall have authority to order, from time to time, other elections upon said question, not oftener than once in twelve months, by posting a notice thereof in three public places in said town thirty days prior thereto. The managers of such election shall declare the result thereof. Election for public school. SEC. 3. Be it further enacted, That in case said election shall be For public schools, then said mayor and council shall, from the qualified voters of said town, elect five school commissioners for said town, one to hold office for one year, and one for two years, one for three years, one for four and one for five years; and when the term of office of any of said commissioners expire, said mayor and council shall elect his successor, and when vacancies occur they shall elect to fill such vacancy for the unexpired

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term. Said commissioners and their successors in office shall be a body corporate and shall have power to purchase, receive and hold real and personal property in trust for said town of Temple with the right to sue and be sued. School commissioners. SEC. 4. Be it further enacted, That said board of school commissioners shall organize annually by electing one of their number chairman, one treasurer and one clerk, who shall perform such duties as may be prescribed by the board. The treasurer shall give bond payable to said board in such sum as they may fix, conditioned for the safe keeping and proper disbursement of the funds placed in his hands. He shall not pay out any money except by order of the board. Organization of commissioners. SEC. 5. Be it further enacted, That said board of school commissioners shall have the control and management of the public school funds of said town and make provisions for the education of the children therein between theages of six and eighteen years; but separate schools shall be provided for the white and colored children; they shall elect a principal and such other teachers for said school as are necessary, prescribe their salaries, select text-books, prescribe the course of study, fix the length of the scholastic term and the time of the beginning and closing of the schools, and adopt such rules and regulations for their own government and that of the schools as they may deem proper to carry out the provisions of this Act, not inconsistent with the Constitution and laws of this State; they shall have power to build, purchase, lease or rent schoolhouses and other property for school purposes. They may admit non-resident children to said school upon payment of such tuition as they may prescribe and shall be entitled to the pro rata share of the public school funds for such non-resident child or children. Said board of school commissioners shall also have power to provide a course of instruction for scholars who desire to engage in studies other than those embraced in the elementary branches of an English education, upon payment of such tuition as the board may prescribe. Control and management of schools. SEC. 6. Be it further enacted, That said board of school commissioners shall determine at as early date as practicable each year what amount of money it will be necessary to raise by taxation to run said public schools for the ensuing year, and shall inform the mayor and council of said town thereof and it shall be the duty of said mayor and council to levy and collect the same as other taxes of said town are levied and collected and turn the same over to the treasurer of said board, which, together with other moneys in said treasury, shall constitute a

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fund to be expended by said board in payment of teachers' salaries, incidental expenses, repairing and building schoolhouses, and other legitimate liabilities of said board; provided, the rate of taxation under this Act shall not exceed one-half of one per cent. per annum. School tax, how levied and collected. SEC. 7. Be it further enacted, That the county school commissioner of Carroll county shall pay over to the treasurer of said board the part of the State public school fund coming to said town to be by them expended in the maintenance of said public schools. Said board shall require the principal of said school to make out reports of the attendance of children entitled to the public school fund so that the amount due said school may be ascertained. Pro rata part of school fund SEC. 8. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. THOMASTON, CHARTER AMENDED. No. 176. An Act to authorize the city council of Thomaston, in Upson county, Georgia, to issue and sell bonds in the sum not to exceed five thousand dollars, for the purpose of repairing, adding to and equipping the R. E. Lee Institute school building, and for improving the school building of the colored citizens of said city, known as Thomaston Star School, to provide how and by whom the money realized from the sale of said bonds shall be disbursed, to authorize the city council to provide for the payment of the principal and interest of said bonds by levying a tax therefor, and to provide for an election to ratify the provisions of said Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city council of the city of Thomaston, in Upson county, Georgia, be, and they are, hereby authorized to issue bonds in sum not to exceed five thousand dollars, of the denomination of five hundred dollars each, to be due and payable at such time or times within twenty years after the date of the issue thereof, and bear interest not to exceed six per cent. per annum, as said city council shall determine. Thomaston; authority to issue bonds. SEC. 2. Be it further enacted, That said city council be, and

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the same is, authorized to assess, levy and collect a tax upon the taxable property in said city of Thomaston, 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. 3. Be it further enacted, That said bonds and the interest coupons shall be signed by the mayor and countersigned by the clerk of the city council of the city of Thomaston, under the corporate seal of the city, and be sold or negotiated in such manner as the mayor and council may determine for the best interest of said city. Bonds, how issued and sold. SEC. 4. Be it further enacted, That when said bonds shall have been issued and sold as herein provided for, said city council shall turn over and deliver to the board of trustees of R. E. Lee Institute such pro rata or part of the proceeds as may be based upon the taxable property of the white persons in said city, according to the valuation of the preceding year, to be by said board of trustees applied to the repairing, adding to and equipping the R. E. Lee Institute school building, and to turn over to the board of trustees of Thomaston Star School and a committee appointed from said city council for the purpose of improving the school building of the colored citizens in said city of Thomaston such pro rata or part of the proceeds as may be based upon the taxable property of the colored citizens in said city. R. E. Lee Institute. SEC. 5. Be it further enacted, That the provisions of this Act shall not take effect until the same shall have been submitted to the qualified voters of the city of Thomaston and approved by a two-thirds vote of the qualified voters of said city. Election to ratify this Act. SEC. 6. Be it further enacted, That after the passage of this Act, said city council of the city of Thomaston shall order an election to be held in said city, and shall give notice of the same for thirty days next preceding the election in the newspaper published in said city in which sheriff's advertisements for the county are published, notifying the people (qualified voters) that on the day named, an election will be held to determine the question whether bonds shall be issued by said city, which notice shall specify the amount of the bonds to be issued, for what purpose, what interest they are to bear, how much principal and interest to be paid off annually, and when said bonds are to be fully paid off. That said election shall be held on the day named in said published notice at the voting precinct of said city, and shall be held by same persons in same manner

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and under the same rules and regulations that elections for mayor and aldermen of said city are required to be held; and the same qualifications of voters at said election shall be required as are required of voters at the election of mayor and aldermen of said city. That the managers of said election shall make returns of the election to the city council of the city of Thomaston, on the day after the election, and said city council and said managers of election (who shall bring up the returns) shall consolidate said returns and declare the result, which result shall be published within ten days after the election is held. That the ballots cast at said election shall contain the words For bonds or the words Against bonds, and unless a two-thirds majority of all the voters of said city who are qualified to vote at said election shall vote For bonds, then this Act shall not become a law. Election, when and how held. SEC. 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved August 22, 1907. THOMSON, PUBLIC SCHOOL SYSTEM. No. 60. An Act to authorize the establishment of a system of public schools in the town of Thomson; to provide for the maintenance and support of same; to create a board of education for said town; to provide for the issuance of bonds by said town, for the purpose of purchasing school property and building schoolhouses for said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, The corporate authorities of said town having so recommended, that the mayor and council of the town of Thomson, Georgia, are hereby authorized to levy and collect a tax annually, in addition to that now allowed by law, not to exceed one-half of one per cent., on all the taxable property of said town to be collected as other taxes of the town, for the purpose of establishing and maintaining a system of public schools for said town, said fund not to be used for any other purpose. Thomson, school tax. SEC. 2. Be it further enacted by the authority aforesaid,

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That before this Act shall become operative, its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and council shall order an election, of which notice shall be given by publishing notice for thirty days in one or more newspapers in said town, which election shall be held under the same rules and regulations as elections for mayor and council of said town, and the qualification of voters shall be the same. At said election those in favor of public schools shall have printed or written on their ballots the words, For public schools; and those opposed to public schools shall have printed or written on their ballots the words, Against public schools. And if two-thirds of the ballots cast in said election be For public schools, this Act shall become operative. Should the result of the election herein provided for be Against public schools, the mayor and council shall order other elections once every twelve months until public schools are adopted. The managers of this election shall make returns to the mayor and council of said town, who shall declare and publish the result thereof within ten days after said election. Election to ratify this Act. SEC. 3. Be it further enacted, That there shall be a board of education for said town, consisting of seven members, whose term of office shall be for six years, and until their successors are elected and qualified as hereinafter provided. The mayor and council of said town shall call an election as soon as practicable after the adoption of this Act for the election of said board, at which two members thereof shall be elected for two years, two members for four years, and three members for six years. Thereafter elections for members of said board shall be held on first Tuesday in April, 1910, and biennially thereafter on said date, under the same rules and regulations as elections for mayor and council of said town are held. That all vacancies in said board shall be filled by said board until the regular election for such member. Board of education. SEC. 4. Be it further enacted, That said board shall organize by electing a president and secretary and a treasurer from their own number. No member of the board shall receive any compensation for his services, except the secretary and treasurer, who shall receive such pay as said board may allow. Organization of board. SEC. 5. Be it further enacted, That said board of education shall be a body corporate and shall have power to design and adopt a system of public schools for said town; to appoint a superintendent and employ teachers for the same; to suspend or remove such teachers and superintendent, to fix their compensation

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to provide school lots and houses by renting, building, purchase or otherwise; to make and hold titles to such property; and to make such rules and regulations for the government of themselves and said schools as they may deem proper, and not in conflict with the laws of this State; to have a common seal; to sue and be sued, to purchase, hold and sell and convey property; and to do any and all things promotive of the best educational interests of said town, not in conflict with the provisions of this Act or the laws of this State. Powers of board. SEC. 6. Be it further enacted, That there shall be established and maintained for at least seven, and not more than ten, scholastic months in each year, under the provisions of this Act, at least one school for white children and one for colored children. No white child shall be admitted into the school for colored children, and no colored child shall be admitted into the school for white children. All children who are entitled to the benefit of the public school under the laws of this State, and whose parents, guardians, or natural protectors reside within the corporate limits of said town, shall be admitted to the aforesaid schools upon payment of such incidental fee as the board of education may deem necessary. Children of non-residents, and such others as may not be entitled to the benefit of these schools, shall be admitted upon such terms as may be prescribed by the board of education, not in conflict with the laws of this State. Organization of schools. SEC. 7. Be it further enacted, That it shall be the duty of said board of education to have prepared and furnished to the county board of education each year any data concerning the schools of the said town that may be required by the said county board of education, and said county board of education shall pay over to the said city board of education that part of the State public school fund to which they are entitled under the rules governing the distribution of the same. Pro rata share of county school fund SEC. 8. Be it further enacted, That as early as practicable after ratification of this Act, and by the first day of September 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 ensuing year, and shall lay same before the mayor and council of said town, and said mayor and council shall be required to levy and collect the same; provided, said amount does not exceed one-half of one per cent. of the taxable property of said town; in the same manner that other taxes of said town are levied and collected, and without

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additional expense therefor. Said tax, when collected, shall be turned over to the treasurer of said board of education, and together with the amounts received from the public school fund, such incidental and tuition fees as may be collected, and any other fund that may be placed in his hands for that purpose, shall constitute a fund to be expended only by order of the board of education, in defraying the expenses necessary for carrying on said schools. School tax, how levied, collected [Illegible Text] expended. SEC. 9. Be it further enacted, That after the ratification of this Act the board of education of McDuffie county shall not grant any license to, or contract with any person to teach a school of any character in said town, nor shall any of the State school fund be paid to any school in said town other than herein provided for. Other schools. SEC. 10. Be it further enacted, That the mayor and council of the town of Thomson shall have power and authority to issue bonds of said town, not to exceed in amount the sum of twenty-five thousand dollars, or as much thereof as may be necessary. Said bonds may be issued of such denominations and with such rate of interest, not exceeding six per cent. per annum, as said mayor and council may determine upon. Said bonds shall be executed by the official signatures of the mayor and clerk of the town of Thomson, and having affixed the corporate seal of said town. They shall run for a term not exceeding thirty years, and said mayor and council may provide for the maturing of said bonds at any time during thirty years. Said bonds when issued shall be sold and their proceeds turned over to the board of education of Thomson, to be used by said board for the purpose of purchasing school lot or lots, and purchasing or erecting public school buildings in said town, and properly furnishing the same, and for this purpose only; provided, that none of said bonds shall be sold for less than par. Authority to issue bonds. SEC. 11. Be it further enacted, That before said bonds shall be issued, it shall be so recommended by the board of education of said town, and the question of their issuance shall be submitted to the legally qualified voters of said town. For this purpose the mayor and council, upon recommendation of the board of education, shall order an election, of which at least thirty days' notice shall be given by publication of such notice in whatever paper may be the official organ of McDuffie county. Said election shall be governed by same rules and regulations as regular elections for mayor and council, and the qualifications of voters shall be the same. Each voter shall have printed or

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written upon his ballot the words For bonds or Against bonds, and if two-thirds of the qualified voters of said town voting at said election shall vote for bonds, it shall be the duty of the mayor and council to issue them at once. Election for bonds. SEC. 12. Be it further enacted, That at or before the time of issuing any of said bonds, the mayor and council of said town shall provide for the levy and collection of an annual tax, if necessary, in addition to all other taxes now authorized by law, and of sufficient amount to pay promptly the principal and interest of said debt when same shall become due; nor shall said fund be used for any other purpose, but shall be held as a sinking fund for the payment of said bonds. This fund to be invested or put on interest by the mayor and council, and may be used by them at any time to purchase any of said bonds; provided, that not more than six per cent. premium is paid on them. Tax to pay bonds. SEC. 13. Be it further enacted, That in case any school property acquired by said town under the provisions of this Act, or otherwise, be sold, the funds derived from such sale shall be reinvested in other property to be used for school purposes, or applied to the liquidation of said bonds. School property. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 17, 1907. TIFTON, CHARTER AMENDED. No. 141. An Act to authorize the mayor and council of Tifton, Georgia, to elect commissioners to hold, manage and invest the sinking fund levied and to be levied to pay the bonded debt of the city of Tifton, Georgia, in bonds of the United States, bonds of the State of Georgia, and in bonds of the municipalities of the State of Georgia, when such municipal bonds have been legally validated, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by the authority of the same, That there shall be created in the city of Tifton, Georgia, a board of commissioners to be known as the sinking fund investment commissioners of the city of Tifton, Georgia. The commission shall be composed of three citizens of the city of Tifton, Georgia, who are freeholders and in no way officially connected with the city government, who shall be appointed by the mayor and council of the city of Tifton, Georgia. The said commissioners shall be elected as follows: One for one year, one for two years, and one for three years, for first term after passage of this Act, and thereafter they shall be elected for a term of three years, and they shall hold office until their successors are elected and qualified. The decision of any question by said board shall require the concurrence of a majority of the members of said board. Tifton; sinking fund investment commissioners. SEC. 2. The said commissioners shall elect from their number a chairman of said board, who shall hold said position until his term shall expire and his successor is elected and qualified. The clerk of the city of Tifton shall be ex-officio clerk of said board, and shall keep a correct record of all the proceedings of said board. The treasurer of the city of Tifton shall keep a correct account of the receipts and disbursements of said board of commissioners. Said records and accounts shall be kept in books separate from the other books of the municipality, and shall at all times be open to examination and inspection by the public. Organization of commissioners. SEC. 3. The commissioners are authorized to manage and invest all moneys belonging to the sinking fund levied and to be levied to pay the bonded debt of the city of Tifton, Georgia, in bonds of the United States, bonds of the State of Georgia, and in bonds of the municipalities of the State of Georgia which have been legally validated. Powers of commissioners. SEC. 4. The treasurer of the city of Tifton, Georgia, shall, upon the official books of the city, open an account with said commissioners and shall, as soon as received, pass to their credit all of the money collected to pay the bonded debt of said city, and shall keep said money so received separate and distinct from the general funds of the city, and shall pay the same upon demand, either in whole or in part, as may be required, to the said board of commissioners upon their warrant signed by the chairman and member of said board. Accounts of commissioners. SEC. 5. It shall be the duty of the commissioners to deliver

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immediately upon making any investments the bonds so obtained to the treasurer of the city of Tifton, Georgia, together with a full report of their actions and doings. It shall be the duty of said commissioners to have all bonds made payable to the city of Tifton, Georgia. Custodian of bonds. SEC. 6. The commissioners are required to keep a record of all their proceedings and to make no investments without first passing orders which have been entered properly in their minute books. The clerk of said city, whose duty it is to keep said book of minutes, shall exhibit the same to the mayor and council of the city of Tifton, Georgia, at every regular monthly meeting of said body. Records of commissioners. SEC. 7. Upon the election and qualification of any member of said board he shall subscribe to the following oath: I do solemnly swear to fulfill the duties of the office as a member of the sinking fund investment commission of the city of Tifton, Georgia, to the best of my ability and judgment. I accept the handling of all moneys or its equivalent as property of the city of Tifton, Georgia, in trust; so help me God. Which said oath shall be recorded on the minutes of the city council. Oath of commissioners. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. TIGNALL, INCORPORATED. No. 259. An Act to incorporate the town of Tignall, in the county of Wilkes, State of Georgia; to define its corporate limits, to provide a municipal government for said town; to confer certain powers and privileges on the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Tignall, in the county of Wilkes, State of Georgia, be, and the same is, hereby incorporated under the name and style of the town of Tignall, with the municipal government thereof vested in a mayor and five councilmen, who are hereby constituted a body corporate and by that name and

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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 use of the said town of Tignall any estate, real or personal, of whatsoever kind or nature, and shall by the said name of the town of Tignall be capable to sue and be sued, plead and be impleaded in any court of law and equity in this State. Tignall, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Tignall shall be in extent one mile in every direction from the center of the cross of the road leading from Washington, Georgia, to Elberton, Georgia, and the road leading from Danburg, Georgia, to Mallorsville, Georgia. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Saturday of September, 1907, and every two years thereafter there shall be held in said town an election for mayor and five councilmen for said town, who shall hold office for two years and until their successors are elected and qualified. Until the first election provided for and until their successors are elected and qualified, the following-named persons, to wit: J. M. Blanchard, for mayor; J. A. Moss, W. B. Lindsy, E. J. Wilkinson, S. H. Williams and W. T. Faver, for councilmen, are hereby constituted the officers in charge of said town government. Mayor and councilmen SEC. 4. Be it further enacted by the authority aforesaid, That all elections for officers of said town shall be held at a place in said town to be designated by said mayor and councilmen and of which said place notice shall be given to the voters of said town previous to the day for said election, and the poll shall open at twelve o'clock noon, and close at three o'clock in the afternoon. Said election shall be under the superintendence of two or more councilmen as managers of said election. Each of said managers before entering upon his said duties, shall take an oath before a person a person authorized to administer oaths, or to swear each other, that he will faithfully and impartially conduct said election and prevent all illegal voting. No person shall be allowed to vote at said election unless he is qualified under the law to vote for members of the General Assembly and has paid all town taxes. Elections, how held. SEC. 5. Be it further enacted by the authority aforesaid, That in case of a vacancy in any of the offices of mayor and councilmen by death, resignation or otherwise, all authority

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is hereby given to the remaining council to elect his successor for the unexpired term. Vacancies SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman unless he has been a bona fide resident of said town for three months prior to the election. The persons elected shall be notified of their election by the manager and they shall on the following Monday next after the election, or as soon thereafter as may be practicable, take the oath of office before some person authorized to administer oaths, which oath shall be in writing and shall be spread on the book of 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 Tignall by adopting such measures as in my judgment will be best calculated to promote the general welfare of said town and not violative of the spirit or intention to this Act of incorporation; so help me God. Qualifications for 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 from among their members a mayor pro tem., a clerk of council, a town treasurer, to hold their offices for the terms of two years, or until removed by the mayor or the council. They may also elect a town marshal, fixing his term of office at their discretion. The duty of the town marshal shall be determined by ordinances. Before entering on the discharge of his duties the marshal shall take and subscribe to an oath to faithfully perform the duties of his office. Said marshal and treasurer shall enter into a bond, with good security, in an amount to be fixed by the mayor and council for the faithful performance of their duties. That mayor and council may also appoint special police for special emergencies. Subordinate officers. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to assess, levy and collect such taxes, not exceeding one-tenth of one per cent., upon all and every species of property, real and personal, within the limits of said town, except church and school property, at its market value, once in each year, and the time of assessing and collecting taxes shall be fixed by ordinance of the council, also to levy and collect such special taxes on trade, 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 they may deem proper;

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provided, that no tax shall be levied upon persons selling country produce, when the same is grown or produced by the vender or the person for whom the vender is acting. The mayor and councilmen shall have power to impose such rules and regulations for the purpose of enforcing the payment and collection of taxes above enumerated and not inconsistent with the Constitution and laws of the State, and the mayor of said town is hereby vested with authority to issue executions for such fines and taxes as may become due said town, and the marshal may proceed to collect the same by levy and sale. Such sales may be made in case of levy on personal property after ten days advertising in said town at the place to be designated by said council for such sales, and in case of levy on real estate by return to the sheriff of said county of Wilkes, who shall advertise and sell in same manner as prescribed by State law for levies made on real estate and return by constable. Taxation. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have power and authority to open, change or abolish streets and sidewalks in said town, and may require and compel all persons residing in said town, who may be subject by law to road duty, to work on the streets and sidewalks of said town not to exceed five days in each year, or may receive in lieu thereof a commutation tax from such persons, not to exceed three dollars a year, and the mayor of said town shall have the same power and authority to punish defaulters as the road commissioners of this State now have. Street work or commutation tax. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have the power and authority to exercise the right of eminent domain and to condemn private property in laying out and extending new streets, or widening streets in existence, upon first paying just and adequate compensation or damage therefor, condemnation proceedings to conform to the Acts of 1894, page 95, embodied in section 4657 et seq. of the Code, volume 2. 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 violation of ordinances of said town and to punish offenders by fines not exceeding fifty dollars or labor on the streets of said town or on the public works of said town, or confinement in the calaboose or guard-house not to exceed sixty days; fines to be collected, execution issued by the secretary of said council or the mayor against all property of the offender and shall have power also to

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imprison as punishment in the alternative or failure to pay such fine as may be imposed, not exceeding sixty days in calaboose or on the public works as above set out. Punitive powers of council. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or inability from any cause to serve, the mayor pro tem., who may be elected by the council, and in the 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 the violation thereof as is provided in the preceding section; provided, any person aggrieved at the finding of said mayor, or mayor pro tem., or councilmen may, within three days enter his appeal to the mayor and council and by that body have his case tried. Mayor's court. SEC. 13. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor, mayor pro tem., or councilman who is not eligible as a voter at the election and that the mayor pro tem., in the absence of the mayor or in the event of the mayor's inability from any cause to act at any time, is hereby authorized and empowered to do and perform all duties and acts that the mayor is by this Act authorized to do and perform. Mayor pro tem. SEC. 14. Be it further enacted by the authority aforesaid, That the said mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the government of the said town; to secure and promote the good health thereof not repugnant to the Constitution and laws of the State, to provide places for the burial of the dead and to regulate interments therein, to make all necessary fire regulations, to abate nuisances, to promote the public health and to protect and promote peace and good order in said town, and to establish and maintain by taxation public schools in said town; provided, however, before they shall inaugurate a system of public schools this provision shall be submitted to the qualified voters of said town in the manner as follows: The mayor and councilmen shall give notice by posting the same in three conspicuous places in said town for ten days, which notice shall state the date of election, the place of holding the same, when the polls shall open and close, and held in the same manner and the same rules and regulation

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for the election of mayor and councilmen. The qualifications of voters shall be same as of voters for mayor and councilmen and the returns shall be made to the mayor and councilmen and the result declared by them. At said elections those in favor of public schools shall have written or printed on their ballots the words For public schools, and those opposed to public schools, the words Against public schools. If it shall appear that two-thirds of the persons qualified to vote at the said election have cast ballots for public schools, this provision shall become operative, otherwise not. In the event this provision of the Act is adopted, the persons who may be the trustees of such schools as may be in said town shall be, and they are, hereby declared to be the school commissioners of said town and remain such until their successors shall be elected. And said commissioners shall be elected at same time and place biennially as the mayor and councilmen. Municipal powers. SEC. 15. Be it further enacted by the authority aforesaid, That the public schools so established shall receive, and it is hereby made the duty of county school commissioner of said Wilkes county, Georgia, to pay over to said commissioners of said schools or to the treasurer thereof, for the use of such public schools, under such rules and regulations as said commissioners may prescribe, the portion of the common school fund belonging to said municipality, evidenced by the number of children residing therein, plus such children who live without the limits of said town and attend such schools within the corporate limits of said town and attend said schools, which moneys shall be expended in the establishment and maintenance of the said public schools as authorized and directed by the Constitution and laws of this State. Public schools and pro rata share of county school fund SEC. 16. 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 the mayor and councilmen, and the same must never be exercised under this charter. Sale of liquor. SEC. 17. Be it further enacted by the authority aforesaid, The mayor, mayor pro tem., and each and all of the councilmen shall have, and are, hereby vested with full power and authority of justices of the peace to issue warrants against offenders against the laws of this State, to hear trials on same, and to commit to jail or bind over such offenders to appear at the proper court to try such offenders and to commit to jail or bind over any person or persons when the evidence authorizes it, in

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any investigation before them or any of them, to appear at the proper court to try the person or persons for any such offense against the laws of this State. Police court SEC. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. TRION, CHARTER AMENDED. No. 128. An Act to amend an Act to incorporate the town of Trion, in the county of Chattooga; to define its limits, etc., approved December 18, 1897, by changing the corporate limits of said town. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act, that section 1 of said Act incorporating said town of Trion be, and the same is, hereby amended as follows: By striking the word only from the ninth line of said section, and by striking the word and from the twelfth line of said section after the figures 1897 and before the word all, and by inserting the words, language and figures after the word property and before the word and in the twelfth line of said section as follows: All of land lots numbers 101, 102, 103, 104, 77, 78, 79, 80, 65, 66, 67, 68, 116, 115, 114, 113, 138, 139, 140, all lying and being in one body in the sixth district and fourth section of Chattooga county, Georgia, together with all roads, streets, approaches, property used for railroad purposes, so that when said section is amended it shall read as follows: Trion, Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the town of Trion, in the county of Chattooga, be incorporated, shall be a body politic and corporate, by the name of the town of Trion. The corporate limits of said town shall embrace an area of one mile in every direction from the center of the rock pier of the iron bridge commenced to be built in the year 1897 in said town, said pier being on the north side of the river

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nearest the factory building, including the lands in said area of one mile owned by Trion Manufacturing Company, and the lands owned by Mrs. M. A. Allgood, owned by them October 12, 1897, all church property, all of land lots numbers 101, 102, 103, 104, 77, 78, 79, 80, 65, 66, 67, 68, 116, 115, 114, 113, 138, 139, 140, all lying and being in one body in the sixth district and fourth section of Chattooga county, Georgia, together with all roads, streets, approaches, property used for railroad purposes and bridges lying within said area of one mile. Until the next regular annual election of officers, held under this charter, and until their successors are elected and qualified, the municipal authorities of said town shall be the following named citizens of said town, to wit: N. H. Coker, mayor; G. B. Myers, recorder, and A. S. Hamilton, W. A. Green, J. H. Funderburk, T. A. Fallis and John M. Williams, councilmen; and are hereby authorized to carry the purposes of this Act, and are fully vested with all rights, powers and privileges conferred by this Act, as if elected under the provisions herein contained. Corporate limits. SEC. 2. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 22, 1907. VALDOSTA, PUBLIC SCHOOL SYSTEM. No. 234. An Act to establish a system of public schools in the city of Valdosta, Georgia, approved December 20, 1893, by striking out the words and figures, one-fifth ([frac15]) wherever they may occur in section 11 and section 5 of said Act and substituting therefor the words and figures, three-tenths (3-10), by amending sections 3 and 4 of said Act by providing that the entire board of school commissioners shall be elected by the people, and providing for the number of members of said board, their terms of office and the manner of their election; to define their powers in reference to all public school matters; to provide for the ratification by the legal voters of the city of Valdosta of the amendments to section 2 and section 5 of said Act, which increase the limit of local taxation for support of said public schools as provided by said amendments, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

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That section 2 of the above-recited Act be, and the same is, hereby amended by striking out the words and figures one-fifth ([frac15]) wherever they may occur in section 11 of said Act and substituting therefor the words and figures three-tenths 3-10), so that said section when amended shall read as follows: Be it further enacted, That in conformity with the provisions of article 8, section 4, paragraph 1, of the Constitution of this State, there shall be held in the city of Valdosta, at the next regular election after the passage of this Act for mayor and council of said city, an election on the question of local taxation for the support of said system of public schools, and all persons who are qualified to vote in the election for mayor and council of Valdosta shall be entitled to vote in the election herein provided. 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 shall have written or printed on their ballots Against public schools, and in case two-thirds of the votes cast at such election shall be For public schools, then it shall be the duty of the mayor and council of the city of Valdosta annually to raise, by taxation, a sum sufficient to carry out the purposes of this Act; provided, the same shall not exceed three-tenths (3-10) of one per cent. on the taxable property of said city, and in the manner hereinafter provided. The said mayor and council shall give public notice of this election once a week for two weeks prior to said election in the Valdosta Times. The returns of said election shall be made to and the result of the same declared by the said mayor and council of Valdosta. Valdosta. Election for public schools. SEC. 2. Be it further enacted, That section 3 of the above-recited Act be amended by striking out all the words after the word commissioners, in the third line of said section, and through the word city, in the sixteenth line of said section, and substituting therefor the following: Consisting of nine (9) members who shall be white freeholders, residents of said city of Valdosta, and who shall be elected by the qualified voters of said city in the next election to be held for the purpose of electing a mayor and council for said city, and three of said members shall be elected for two years, three for four years, and three for six years, but their successors shall be elected for the term of six years, and at the elections held for mayor and council of said city, so that said section, when amended shall read as follows: Be it further enacted, That said system of public schools shall be under the management of a board of

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school commissioners, consisting of nine members who shall be white freeholders, residents of said city of Valdosta, and who shall be elected by the qualified voters of said city in the next election, to be held for the purpose of electing a mayor and council for said city, and three of said members shall be elected for two years, three for four years, and three for six years, but their successors shall be elected for the term of six years, and at the elections held for mayor and council for said city. A quorum of said board of school commissioners should consist of a majority of the members. Vacancies occurring from the members of said board of school commissioners elected by the people shall be filled by the mayor and council of said city. The officers of said board shall be a president, a vice-president, and secretary and treasurer. The office of secretary and treasurer shall be one office and shall be filled by the same person. The said secretary and treasurer shall give bond, payable to the board of commissioners of said city and to be fixed by said board, conditioned for the safe keeping and proper disbursement of said school fund. His books shall always be open to the inspection of said board of school commissioners, and his compensation shall be fixed by said board. Said board of school commissioners shall have regular monthly meetings, the time to be fixed by them, and shall meet as much oftener as the public school interests may require. Their officers shall be elected by ballot and shall hold their offices for one year, and until their successors are elected and qualified. The members of said board of school commissioners shall receive no compensation for their services, except the secretary and treasurer, and his compensation shall be fixed by said board. The secretary may or may not be a member of said board of school commissioners. Board of school commissioners. SEC. 3. Be it further enacted, That section 4 of the above-recited Act be amended by striking out all the words in the said section after the word year, in the fifth line of said section 4, and down through the word Act, in the eleventh line of said section 4, and also by adding the following words at the end of said section 4: Said board of school commissioners shall have all the power that was conferred upon the original board of school commissioners in the above-recited Act, so that said section 4 when amended shall read as follows: Be it further enacted, That said board of school commissioners shall have authority to establish, and from time to time modify, a system of public schools for the city of Valdosta, to be open not less than eight scholastic months nor longer than ten scholastic

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months in each year. Said board of school commissioners shall have authority to purchase, build, enlarge and rent buildings for school purposes, and to accept gifts and donations of property, money or other things for school purposes under this Act, and all deeds taken to real property shall be to the board of school commissioners for the city of Valdosta and their successors in office. Said board shall have authority to employ a superintendent and other teachers for said public schools, and to prescribe their duties, to suspend or discharge them for good causes, to prescribe the terms upon which pupils shall be admitted into public schools, and to make such rules, regulations and by-laws as they deem right and proper in maintaining a system of public schools for said city. Said board of school commissioners shall have all the power that was conferred upon the original board of school commissioners in the above-recited Act. Powers of school commissioners. SEC. 4. Be it further enacted, That section 5 of the above-recited Act be amended by striking out the words and figures one-fifth ([frac15]) wherever they may occur in section 5, and substituting therefor the words and figures three-tenths (3-10), so that said section 5 as amended shall read as follows: Be it further enacted, That said board of school commissioners shall determine, as early as practicable in each year, that amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for the ensuing year, and shall lay the same before the mayor and council of said city, and the mayor and council are hereby authorized and shall be required to levy a tax annually, in addition to that now authorized by law, on all taxable property in said city, not to exceed three-tenths (3-10) of one per cent. on the same, and when collected the collecting officers of said city shall pay the same over to the treasurer of said board of school commissioners, to be disbursed for the maintenance of said public schools and to be paid out under the order of said board under such regulations as they may prescribe. Said taxes shall be collected by levy and sale as the other taxes of said city are collected; provided, however, that as soon as the law is adopted as provided in section 2 of this Act the trustees of Valdosta Institute shall lay before the mayor and council of said city what amount of money will be necessary to sustain said system of public schools for the first scholastic year, which shall commence on the first Monday in September, 1894, and said mayor and council shall levy and collect the same for said purposes, not exceeding the

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limit as prescribed in this Act, and the collecting officer shall turn the same over to the treasurer of said board, to be disbursed by said board for said public school purposes; the said trustees of the Valdosta Institute being invested with power to exercise all the duties of said board of school commissioners until said board is fully organized as required under this Act, after the election of the three additional members by the people. After the first year the scholastic year for said system of public schools shall commence at such time in the fall of the year as may be determined on by said board of school commissioners, which shall not be earlier than the first Monday in September in any year. School tax, how levied and collected. SEC. 5. Be it further enacted, That in conformity with the provisions of article 8, section 4, paragraph 1 of the Constitution of this State, there shall be held in the city of Valdosta at the next regular election, after the passage of this Act, for mayor and council of said city, an election on the question of amending section 2 and section 5 of the above recited Act so as to increase the limit of local taxation for the support of said system of public schools in the city of Valdosta from one-fifth (1/5) of one per cent. on the taxable property of said city to three-tenths (3/10) of one per cent. on the taxable property of said city. All voters who favor such increased local taxation for public schools shall have written or printed on their ballots, For local taxation for public schools not exceeding three-tenths (3/10) of one per cent., and those who oppose shall have written or printed on their ballots, Against local taxation for public schools not exceeding three-tenths (3/10) of one per cent., and in case two-thirds (2/3) of the qualified voters of the city of Valdosta shall be For local taxation for public schools not exceeding three-tenths (3/10) of one per cent. then it shall be the duty of the mayor and council of the city of Valdosta annually to raise by taxation a sum sufficient to carry out the purposes of said Act and in the manner provided in said original Act establishing a system of public schools in the city of Valdosta, Georgia. The said council and mayor shall give public notice of this election once a week for two weeks prior to said election in the Valdosta Times. The returns of said election shall be made to and the result of the same determined by the said mayor and council of Valdosta. Should the requisite majority fail to vote for said increased taxation then any number of elections may be thereafter held under the provisions of this Act, after due notice as herein provided, at

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any regular election for mayor and council of the city of Valdosta until said increased taxation receives a constitutional majority of the qualified voters of the city of Valdosta. Until the amendments to said sections 2 and 5 increasing the limit of local taxation for public school purposes to three-tenths (3/10) of one per cent. are ratified by the qualified voters of the city of Valdosta as herein provided, the rate of local taxation for public school purposes shall remain the same as originally provided in said sections 2 and 5 of said original Act, to wit: not to exceed one-fifth (1/5) of one per cent. on the taxable property of the city of Valdosta, meaning that said sections 2 and 5 of said original Act shall remain in force as originally enacted until said amendments are legally ratified as provided. Election for local taxation for public schools. 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 22, 1907. WARRENTON, PUBLIC SCHOOL SYSTEM. No. 25. An Act to establish public schools for the town of Warrenton, Warren county; to authorize and empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof; to create a board of education of public schools for said town; to authorize the county school commissioner of Warren county to pay to said board of education of public schools such part of the school fund for said county as may be apportioned to said school and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, there shall be established in the town of Warrenton, in said State, a system of public schools, supported and provided for in the manner hereinafter set forth. Warrenton, public school system. SEC. 2. Be it further enacted, That the following named persons, to wit: E. B. Farmer, J. C. Jarnagan, W. C. English, E. P. Davis, C. R. Fitzpatrick, and W. W. Pilcher are hereby made the board of education for said town and shall enter upon

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their duty as such as soon as this Act is approved by the vote of the people as hereinafter provided for, and that fact declared by proclamation of the mayor. Board of education. SEC. 3. Be it further enacted, That all vacancies in said board of education, caused by death, resignation or removal from said town shall be filled by the remaining members of the board from citizens of said town. But any one of said board of education may be removed from office by the remaining members for misconduct in office, or for inattention to his duties, and his vacancy filled by the remaining members of the board. Vacancies on board. SEC. 4. Be it further enacted, That said board of education shall have authority to devise, design and adopt a thorough system of public instruction in said town, and shall have exclusive jurisdiction over all schools established under said system, and may modify the same from time to time as circumstances may require. They may establish such schools as they may deem proper, not exceeding one for the white race and one for the colored race; no white child shall attend the colored school and no colored child shall attend the white school; they may appoint, remove, or suspend teachers in their discretion, and may fix the salary of teachers, and may prescribe a curriculum or course of study and adopt text-books, and may make such by-laws for the control and government of said schools as they may think proper, and may do all lawful acts conducive to the proper and successful operation of said school system. Powers of board. SEC. 5. Be it further enacted, That the schools herein provided for may be run in connection with the public schools now established in said town and supported by the public school fund. The county school commissioner of Warren county shall pay over to the board of education of said town such portion of the public school fund for said county as may, under the method of apportionment now followed, or which may hereafter be adopted, be apportioned to the Warrenton schools, and the board of education of said town may use such public school fund so apportioned to the Warrenton schools, in connection with other funds raised in the manner hereinafter provided, for the support and maintenance of the public schools of said town. The board of education of said town may run said schools for a period of nine months and may charge and collect from each pupil a nominal tuition or entrance fee to be paid in advance, not to exceed two dollars per month, for the full term of nine months, and for the complete course or curriculum in said school; provided, nothing herein contained shall be construed as to prevent any

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common school scholar from entering said school if the parent or guardian of said pupil shall elect to enter him or her for the period of the public school term only and upon the merits of the common school fund and for the course of study prescribed by the public school law. Said school shall be provided with a competent teacher, duly licensed, whose duty it shall be to receive and teach such children as may be entered upon the merits of the public school fund only and for the course of study prescribed by the public school law. No teacher shall be contracted with under the provisions of this Act until he or she has been duly licensed as a common school teacher, and every teacher contracted with under this Act shall be required to make the same reports and returns to the county school commissioner as are now required of teachers of common schools. Control and maintenance of schools. SEC. 6. Be it further enacted, That the mayor and council of said town may each year levy such tax, not to exceed one-quarter of one per cent. upon all the property in said town subject to taxation, as may be necessary, when added to the fund received from the county school commissioner, and the sum realized from taxation or entrance fees, to support and maintain said schools for the period of nine months in each year. Such tax shall be collected when the other taxes of the town are collected and shall be paid over by the town council to the board of education of said town to be used by said board in the support of said schools. School tax. SEC. 7. Be it further enacted, That said board of education of said town may permit children who do not reside in the incorporate limits of said town or whose parents or guardians do not own property to the amount of one thousand dollars ($1,000.00) in said town to enter said school upon such legal terms as they may prescribe; provided, such pupils may enter upon the merits of the public school law only as provided in section five without the payment of tuition or entrance fee. Non-resident pupils. SEC. 8. Be it further enacted, That before this Act shall become operative its adoption shall be submitted to the qualified voters of said town, for which purpose the may and council of said town shall order an election, of which two week's notice shall be given after the passage of this Act, in a newspaper published in Warrenton, or posted at three or more public places in the town of Warrenton, and such other notice may be given as the said mayor and council may direct, which election shall be held under the same rules and regulations as elections for

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mayor and council of said town, and the qualification of voters shall be the same. Those in favor of this system shall have written or printed on their tickets, For schools, and those opposed to it, Against schools. If two-thirds of the persons voting at such election cast their vote For schools, then this Act shall become operative; if the result shall be Against schools, said mayor and council may submit the same at another election in the same manner hereinbefore provided after an interval of six months, upon the petition of one-third of the qualified voters of said town and may do so from time to time upon such petitions. Election to ratify this Act. 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 8, 1907. WASHINGTON, CHARTER AMENDED. No. 178. An Act to amend the charter of the city of Washington, Georgia, by providing a maximum punishment for violations of the ordinances of said city; by providing for appeals from the decisions of the recorder or mayor of said city, to the mayor and council of said city, under certain conditions, and by providing for paving and macadamizing the streets of said city, and for assessing a part of the cost thereof against the abutting property, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, From and after the passage of this Act, section 10 of an Act approved December 17, 1894, which Act provides a new charter for the town of Washington, be, and the same is, hereby amended by striking from the eleventh line of said tenth section, as it appears in the printed edition of the Acts of 1894, the word thirty, and inserting in lieu thereof the words one hundred and eighty, so that said section, when thus amended, shall read as follows: Sec. 10. Be it further enacted, That said mayor and council shall have full power to pass all ordinances necessary to the good government of said town, the protection of the property, peace, good order, health, comfort and convenience of

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the citizens thereof, and to fix suitable penalties for the violation of the same. They may provide for punishing violations of their ordinances by fine, imprisonment in the county jail of Wilkes county, or working in the chaingang on the streets of Washington; the fine in no case to exceed one hundred dollars; the imprisonment in no case to exceed ten days, and the sentence to work in the chaingang not to exceed in any case one hundred and eighty days, but they may provide for inflicting either or all of said penalties. The expense attending the imprisonment aforesaid shall never be a charge upon the county of Wilkes. All ordinances passed by the board shall be entered on the minutes by the clerk, and said board has the power, whenever it sees proper, to have any of their ordinances published in the Washington papers. Washington, punitive powers of council. SEC. 2. Be it further enacted by the authority aforesaid, That an Act amending the charter of Washington, Ga., approved November 29, 1897, shall be amended in the second section thereof by striking the following, beginning in the twentieth line of said section as printed in the Acts of the Legislature of 1897: From the decision of the recorder the person tried may appeal to the mayor and council, who shall have power to reverse his decision or modify the penalty, and enacting in lieu thereof the following: Any person convicted by the recorder or mayor shall have the right to appeal to the mayor and council, but before making the appeal and as a condition precedent thereto, said person shall deposit to be applied in payment of the fine, if finally convicted, with the treasurer of said city, the money fine imposed and all costs incurred in the case, the said deposit to remain in the hands of said treasurer until the final determination of the case, and if said person be finally acquitted, such deposit, on demand shall be paid over to him by said treasurer, and said appeal must be entered not later than two days from the time of his trial by the mayor or recorder of said city. Upon appeal being entered as above provided, the mayor and council shall have power, in their discretion, to reverse the decision of the mayor or recorder, modify the penalty, or increase the same, so that said section when amended shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, That section twenty of an Act approved December 17, 1894, which Act provides a new charter for the town of Washington, Georgia, be, and the same is, hereby amended by striking from said section the following words: Except that in no case shall they have power to increase the penalty fixed by the recorder, and

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by adding after the word penalty in the eleventh line of said section as it appears in the printed edition of the Acts of 1894, the words, and said mayor and council shall have power in their discretion to increase the penalty fixed by the recorder, so that said section, when thus amended shall read as follows: Sec. 20. Be it further enacted, That the salary of the recorder shall be fixed by the mayor and council, in no case to exceed two hundred and fifty dollars per annum. He shall have power to try, in a summary manner, all persons charged with violating any of the laws or ordinances of said town, and to impose such penalties as such ordinances prescribe. For this purpose he may sit as a court at any time. All fines imposed by him shall, when collected, be paid into the treasury of the town. Any person convicted by the recorder or mayor shall have the right to appeal to the mayor and council, but before making the appeal, and as a condition precedent thereto, said person shall deposit to be applied in payment of the fine, if finally convicted with the treasurer of said city the money fine imposed and all costs incurred in the case, the said deposit to remain in the hands of the said treasurer until the final determination of the case, and if said person be finally acquitted, such deposit on demand shall be paid over to him by said treasurer, and said appeal must be entered not later than two days from the time of his trial by the mayor or recorder of said city. Upon appeal being entered as above provided, the mayor and council shall have power, in their discretion, to reverse the decision of the mayor or recorder, modify the penalty, or increase the same. Said recorder is hereby given power to issue criminal warrants, to hold courts of inquiry and to commit offenders or admit them to bail in all cases where a justice of the peace may commit or hold to bail. Appeals in recorders' court. SEC. 3. Be it further enacted, That the mayor and council of said city shall have full power and authority, in their discretion, to pave, macadamize, and otherwise improve the streets, squares and sidewalks of said city. In order to carry into effect the authority above, the said mayor and council shall have authority to assess the cost of paving, including one-third of the cost of necessary curbing, on the real estate abutting on the sidewalks so improved. The said mayor and council shall have authority to assess one-half of the cost of paving or macadamizing any street or square of said city against the property abutting on the street or square so to be improved, one-fourth of the said cost being assessed against the property on each side of said street or square so improved. Said mayor and council may

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compel any street railway to pay of the other half such part as they may think right; provided, said street railway has a track traversing or crossing said street or squares so to be improved. The cost assessed against abutting property shall be in proportion to the linear feet of said property abutting on the street or square to be improved. That the amount of the assessment on each piece of property abutting such street or square to be so improved shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The mayor and council shall have full authority to enforce collection for the amount of any assessment so made for work, either upon the streets, squares or sidewalks, by execution issued by the city clerk against real estate so assessed for the amount of the assessment against the owner at the date of ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in case of other sales, the same shall be sold at public outcry to the highest bidder for cash. Said city marshal shall have authority to eject occupant and put the purchaser in possession; provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which the 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 Wilkes county, Ga., and there tried and the issue determined, as in cases of illegality, subject to the penalties provided as in cases of illegality filed for delay. The mayor and council shall have authority to pave and contract to pave the entire surface of any sidewalk, street or square without giving any abutting property owner, or street railway, the right to pave their share of said work, the object being to secure uniformity and to prevent delay. The lien for assessment on abutting property, and on the street railway for street, square or sidewalk, paving or macadamizing shall rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the date of the ordinance authorizing the execution of the work in each case. Said mayor and council shall have authority to pass such other rules as they may, in their discretion, think necessary to pave, macadamize, or otherwise improve, the streets, sidewalks and squares of said city, and to enforce by execution the cost thereof, as heretofore set out, against the adjacent property

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owners and the street railways, and to provide how the owners shall be served with notice by personal service or by publication. Street improvements, assessments for. SEC. 4. Be it enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 22, 1907. WAYCROSS, DEPOT OF ATLANTIC COAST LINE. No. 108. An Act to authorize and empower the mayor and council of the city of Waycross to close up and to deed and convey to the Atlantic Coast Line Railroad Company, for its tracks or depot purposes, the northwest half of Scriven avenue in Waycross, being a strip or parcel thereof forty feet in width, extending from the west side of Haines avenue northeasterly along the right of way of said railroad company to the point where said Scriven avenue abuts upon the right of way of the line of said railroad company leading to Brunswick, 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 mayor and council of the city of Waycross be, and they are, hereby authorized and empowered to close up and to deed and convey to the Atlantic Coast Line Railroad Company, to be used for its tracks or depot purposes, in consideration of the exchange of property and other considerations in the discretion of the said mayor and council, the northwest half of Scriven avenue, in Waycross, Ware county, Georgia, being a strip or parcel thereof forty feet in width, extending from the west side of Haines avenue northeasterly along the right of way of said railroad company to the point where said Scriven avenue abuts upon the right of way of the Atlantic Coast Line Railroad Company for its line of railroad leading to Brunswick, Georgia. Waycross Scriven avenue. 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 22, 1907.

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WHIGHAM, CHARTER AMENDED. No. 172. An Act to amend the Act incorporating the town of Whigham, Georgia, approved December 23, 1896, and the several Acts amendatory thereof: to define and restrict the powers of the mayor and council of said town in the sale of real estate; to change the time of the annual election of mayor and council; to take away the authority of the mayor and council to authorize the sale of intoxicating liquors; to amend the school law 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 the following words shall be added at the end of section 1 of the Act approved December 23, 1896, so as said section 1 when amended shall read as follows: Provided, that the mayor and council shall have no authority to sell, convey or alien any of the real estate now or may hereafter belong to the town of Whigham, only after the sale or lien has been ratified by a two-thirds vote of the freeholders of said town at an election held for this purpose. All sales made of or liens created on any and all real estate belonging to said town not in conformity to this Act are void. Whigham; sale of real estate. SEC. 2. Be it further enacted, That section 4 of the said Act approved December 23, 1896, shall be amended by striking out the words January, in the first and second lines, and the words 1897, in the second line of section 4, and the words September, 1908, inserted in lieu thereof, so said section 4 when amended shall read as follows: Sec. 4. Be it further enacted, That on the first Tuesday in September, 1908, and on the first Tuesday in each year thereafter, there shall be held in the town hall of Whigham an election for mayor and five aldermen. Election of mayor and aldermen. SEC. 3. Be it further enacted, That the present mayor and council of the town of Whigham shall remain in office until their successors shall be elected and qualified as provided in this Act. Terms of office. SEC. 4. Be it further enacted, That section 14 as provided in the Act approved December 23, 1896, and in the Act approved August 6, 1905, be amended by striking out all of said section as it appears in both Acts, and inserting in lieu thereof the following words so as said section when amended shall read as

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follows: Sec. 14. Be it further enacted, That the mayor and council shall have full power and authority to prohibit the sale and delivery within the incorporate territory of the town of Whigham all intoxicants, alcoholic, spirituous, and intoxicating liquors and beer of all kinds whatever, and they are further authorized and empowered in the exercise of their police power of said town to enact ordinances preventing the delivery within the corporate limits of said town of all intoxicants, alcoholic, spirituous and intoxicating liquors and beer of all kinds whatever, by any corporation, company, person and persons directly or indirectly, with penalties for the violation of the same. And that the mayor and council shall have no authority to sell or authorize the sale of any of the articles named in this Act by license or otherwise. Sale of liquor. SEC. 5. Be it further enacted, That section 18 of the Act approved December 23, 1896, be, and the same is, hereby amended by adding at the end of said section the following words: Sec. 18. Be it further enacted, That the school property now deeded to the town of Whigham, having been bought and paid for with the State public school funds belonging to the Whigham public school, that for the protection of said property, it shall not be encroached upon in any manner by the corporate town authorities, that the use and occupancy of all of said property, real and personal, shall be protected unto the Whigham public school by suitable ordinances with penalties for the violation of same. That the mayor and council and school trustees shall have no authority to sell any of the public school property whatsoever, only as provided in section 1 of this Act for the sale of real estate. School property. 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 22, 1907. WHITESBURG, PUBLIC SCHOOL SYSTEM. No. 76. An Act to authorize the town of Whitesburg to establish a system of public schools; to provide for the maintenance and support of the same; to create a board of school commissioners, and for other purposes pertaining thereto. SECTION 1. Be it enacted by the General Assembly, and it

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is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be established in the town of Whitesburg, in the county of Carroll, a system of public schools in the manner hereinafter prescribed. Whitesburg, public school system. SEC. 2. Be it further enacted, That in conformity with article 8, section 4, paragraph 1 of the Constitution of the State as now amended, an election shall be held in the town of Whitesburg, on the seventh of September, 1907, on the question of establishing and maintaining public schools in said town by local taxation. All persons shall be entitled to vote at said election who are qualified to vote in municipal elections in said town and for members of the General Assembly of this State, and those favoring the establishment of such public schools shall have on their ballots the words For public schools, and those opposed there-to shall have on their ballots the words Against public schools. Such election shall be held as elections for mayor and council of said town are held; and if two-thirds of the votes cast at such election shall be For public schools, then this Act shall become operative. If the result of such election should be Against public schools, then said mayor and council shall have authority to order, from time to time, other elections upon said question, not oftener than once in twelve months, by posting a notice thereof in three public places in said town thirty days thereto. The managers of such election shall declare the result thereof. Election for public schools. SEC. 3. Be it further enacted, That in case two-thirds of those voting at any such election vote For public schools, then the mayor and council of said town shall order an election therein to be held as elections for mayor and council for five school commissioners, who shall be residents of said town and qualified voters, and the five receiving the highest number of votes shall be declared elected as such, two of whom shall hold office for two years, and three for four years and until their successors are elected. Said commissioners shall determine by lot or otherwise which ones shall serve for the different terms. If vacancies occur before the expiration of the term of any of said commissioners the mayor and council shall elect to fill the same for the unexpired term. An election shall be held every two years at the same time and in the same manner as elections for mayor and council of said town to fill the office of the retiring members of said board. School commissioners. Said commissioners and their successors in office shall be a body corporate and shall have power to purchase, receive and

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hold real and personal property in trust for said town of Whitesburg with the right to sue and be sued. Powers of commissioners. SEC. 4. Be it further enacted, That said board of school commissioners shall organize biennially by electing one of their number chairman, one treasurer and one clerk, who shall perform such duties as may be prescribed by the board. The treasurer shall give bond payable to said board in such sum as they may fix, conditioned for the safe-keeping and proper disbursement of the funds placed in his hands. He shall not pay out any money except by order of the board. Organization of commissioners. SEC. 5. Be it further enacted, That said board of school commissioners shall have the control and management of the public school funds of said town and make provisions for the education of the children therein between the ages of six and eighteen years; but separate schools shall be provided for the white and colored children; they shall elect a principal and such other teachers for said school as are necessary, prescribe their salaries, select text-books, prescribe the course of study, fix the length of the scholastic term and the time of the beginning and closing of the schools, and adopt such rules and regulations for their own government and that of the schools as they may deem proper to carry out the provisions of this Act, not inconsistent with the Constitution and laws of this State; they shall have power to build, purchase, lease or rent schoolhouses and other property for school purposes. They may admit non-resident children to said school upon payment of such tuition as they may prescribe and shall be entitled to the pro rata share of the public school funds for such non-resident child or children. Said board of school commissioners shall also have power to provide a course of instruction for scholars who desire to engage in studies other than those embraced in the elementary branches of an English education, upon payment of such tuition as the board may prescribe. Control and management of schools. SEC. 6. Be it further enacted, That the said board of school commissioners shall determine at as early a date as practicable each year what amount of money it will be necessary to raise by taxation to run said public schools for the ensuing year, and shall inform the mayor and council to levy and collect the same as other taxes of said town are levied and collected and turn the same over to the treasurer of said board; which, together with other moneys in said treasury shall constitute a fund to be expended by said board in the payment of teachers' salaries, incidental expenses, repairing and building schoolhouses, and other

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legitimate liabilities of said board; provided, the rate of taxation under this Act shall not exceed one-half of one per cent. per annum. School tax, how levied and collected. SEC. 7. Be it further enacted, That the county school commissioner of Carroll county shall pay over to the treasurer of said board the part of the State public school fund coming to said town to be by them expended in the maintenance of said public schools. Said board shall require the principal of said school to make out reports of the attendance of children entitled to the public school fund, so that the amount due said school may be ascertained. Pro rata share of public school fund SEC. 8. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved August 16, 1907. WHITE SULPHUR SPRINGS, INCORPORATED. No. 252. An Act to incorporate the town of White Sulphur Springs, in the county of Meriwether, and to grant certain powers and privileges to said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of White Sulphur Springs, in the county of Meriwether, be, and the same is, hereby incorporated under the name of the town of White Sulphur Springs, that the municipal government of the town of White Sulphur Springs shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the town of White Sulphur Springs, and by that name and style shall have perpetual succession, and shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain, to them and their successors, for the use of the town of White Sulphur Springs any estate, real or personal of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said incorporation, or convey the same or

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any part thereof in any manner or way whatever; that the territory embraced within the following boundary shall constitute the town of White Sulphur Springs: Beginning at the Hotel Meriwether, near White Sulphur Springs, in the third district of Meriwether county, Georgia, and extending a distance of one-half mile in all directions from said hotel, except on the north, which northern limit shall extend to the White Sulphur Springs creek, which creek is made the northern limit of said town, all of said territory embraced in said limits being in the third district of Meriwether county, Georgia. White Sulphur Springs, town of incorporated. Corporate limits. SEC. 2. Be it further enacted by the authority aforesaid, That J. Hope Tigner be, and he is, hereby appointed mayor of said town, and John W. Neal, J. B. Davidson, C. O. Trammell and Robert Hill 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 above-named officers to enter upon the discharge of their duties upon their taking oath well and truly to administer the affairs of their said office, immediately upon the passage of this Act. Mayor and councilmen appointed. SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held in said town at such place as the mayor of said town shall direct and designate, on the first Monday in January, 1908, and on the first Monday in January in each year thereafter, for a mayor and four councilmen, who shall hold their offices for one year or until their successors are elected and qualified, and should there fail to be an election in said town at the time specified for any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places. Said notice shall be posted ten days before said election. Said election shall be held under the law governing the election of members of the General Assembly, and only such qualified voters as reside within the corporate limits of said town shall be allowed to vote at said election. The managers of said election shall issue a certificate of election to the officers elected at said election, who shall take an oath to well and truly discharge the duties of the offices. Election of successors. SEC. 4. Be it further enacted by the authority aforesaid, That the sale of liquor within the incorporated limits of said town is hereby prohibited. Sale of liquor. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and council of said town of White Sulphur Springs shall have power to make all ordinances, rules and regulations

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necessary to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge, when necessary, and keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses; to establish markets, and regulate all butcher-pens, tanyards, livery-stables, blacksmith-shops, forges, stoves and chimneys in said town, and remove the same, or any of them, in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed to be a public nuisance and destructive to the health, peace and quiet of said town; to protect places of public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead, and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits, and from time to time to enlarge or restrict the same, and prescribe what kind and class of buildings shall not be constructed within said limits; to fill open wells or other excavations on unenclosed premises; and the said mayor and council shall also have entire and absolute control and jurisdiction of all soilpipes, private drains and sewers, water-closets and privy vaults and dry wells in said town, with full power to prescribe their location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may 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 and structure already in existence, or that may hereafter be allowed, and to compel the owners of property to convey the water from house-tops 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. Municipal powers. 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

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may punish violators of the same by a fine not to exceed fifty dollars, imprisonment not to exceed thirty days, and any one or more of these punishments may be ordered, in the discretion of said mayor. And, when sitting as a court, said mayor may fine for contempt not exceeding ten dollars or imprisonment for five days for such contempt. From all decisions of said mayor imposing punishments or penalties for violations of such ordinances, rules and regulations there may be an appeal to 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 this State, and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their 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 service as may be required in connection with said office, fix the compensation of such assessor, and require a bond for the faithful performance of his duties; provided, that nothing in this Act shall disqualify one person from holding the offices of clerk, treasurer and assessor at the same time. Subordinate 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. Appeals from assessments.

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SEC. 10. Be it further enacted, That said mayor and council may choose from their own number a mayor pro tempore, who shall, in the absence, sickness or disqualification of the mayor, and in the case of the absence, sickness or disqualification of the mayor pro tempore, a majority of the councilmen shall choose one of themselves to act as mayor temporarily. Mayor pro tem. SEC. 11. Be it further enacted, That the mayor and councilmen shall not receive any compensation for their services as such, but shall be free from street duty during their term of office. Compensation of officers. SEC. 12. Be it further enacted, That said mayor and council may require and compel the persons residing within the limits of said town, subject by law to road duty, to work on the streets and walks of said town not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such persons, not to exceed five dollars. Street work or commutation tax SEC. 13. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. General powers. SEC. 14. Be it further enacted, That all of the powers and duties contained in sections 696, 697, 698, 699, 700, 701, 702, 703, 704, 705 of the Code of 1895, volume 1, are hereby adopted and made a part of this Act. Statutory powers. SEC. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved August 22, 1907. WINDER, CHARTER AMENDED. No. 38. An Act to amend the charter of the city of Winder, so as to authorize the mayor and council of the city of Winder to enact ordinances preventing the delivery of and reception of intoxicating wiskies and liquors within the incorporate limits of said city of Winder; to provide penalties for the violation of such ordinances, and to provide for the enforcement of the ordinances, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the charter of the city of Winder, Georgia, approved December 20, 1893, be, and the same is, hereby amended by adding to section 20 thereof, at the end thereof, the following: Said mayor and council are hereby further authorized and empowered, in the exercise of the police power of said city, to enact ordinances preventing the delivery within the corporate limits of said city of Winder of wine, beer, whisky or other intoxicating liquors by any corporation, company, partnership, or by any other person or persons, natural or artificial, directly or indirectly, and to enact ordinances providing for a penalty for so doing. Said city, through the mayor and council, is further authorized and empowered to enact ordinances preventing any company, corporation or person whatever from receiving such intoxicants within the corporate limits of said city of Winder from any corporation or person whomsoever, and to enact ordinances providing for a penalty for so doing. Said city of Winder, through the mayor and council, is further authorized and empowered to enact ordinances to provide for the seizure and forfeiture to the city of Winder of such intoxicants within the corporate limits of said city, and for the disposition of the same by sale or otherwise, in the hands of any corporation, company or person whatsoever. Said mayor and council is further authorized and empowered, in the exercise of its police power, to provide for and enact any other ordinance looking to the regulation, restriction, suppression or prohibition of the liquor traffic, legal or otherwise, within the corporate limits of said city of Winder, whether by high license, prohibitory tax or otherwise; provided, however, that the provisions of this Act shall be held and construed to apply to domestic commerce and intrastate shipments, as distinguished from shipments from beyond the State and interstate commerce. Winder. Delivering or receiving liquor prohibited. 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 13, 1907.

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WRIGHTSVILLE, CHARTER AMENDED. No. 64. An Act to amend an Act repealing the Act incorporating the town of Wrightsville, in Johnson county, Georgia, and reincorporating said town of Wrightsville as the city of Wrightsville, etc., and for other purposes, approved December 8, 1899, so as to create and establish for the said city of Wrightsville recorder's court; to define its powers and jurisdiction; to provide the manner of selecting a recorder, and defining his duties and powers; to provide for his compensation, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be established in and for the city of Wrightsville a recorder's court, which shall supersede the court now held by the mayor, or mayor pro tem., so far as concerns the jurisdiction to try and punish for offenses against the city laws or ordinances, and all the laws or ordinances of the city of Wrightsville in reference to the police court, now held by the mayor, or mayor pro tem., shall be applicable to the recorder's court, including the mode of procedure now in vogue in the mayor's court, and all power and authority, and jurisdiction heretofore held and exercised by the mayor and mayor pro tem., in the trial of offenses against the city ordinances and laws, shall be held and exercised by the said recorder. The said recorder's court shall have exclusive jurisdiction to try and punish for offenses or infractions of the laws and ordinances of the city of Wrightsville; provided, however, that any party convicted in said recorder's court shall have the rights of appeal and review of the recorder's judgments, as now exists from the judgments of the mayor or mayor pro tem. Wrightsville, Recorder's court. SEC. 2. Be it further enacted, That T. M. Hicks be, and is, hereby appointed recorder for the city of Wrightsville, and shall hold said office as recorder until the regular election for mayor and council for the city of Wrightsville on the first Saturday in January, 1909; at which election there shall be elected, by the qualified voters of the city of Wrightsville, a recorder, whose term of office shall be two years from the date of his election and until his successor is elected and qualified; and the qualified voters of the city of Wrightsville shall elect a recorder every

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two years thereafter, that is, from the first Saturday in January, 1909, whose term of office shall be two years, as aforesaid; and in event of a vacancy occurring in the office in anywise, the mayor shall have authority to call another to elect another recorder to fill the unexpired term; ten (10) days' written notice of such election shall be given by posting said notice at the court-house door ten (10) days preceding said election. Said election shall be held in the same manner and form as election for mayor and councilmen. In the event the recorder is disqualified to act, or sick, or for other reasons, why he can not hold his court, the mayor, or mayor pro tem., shall have the power and authority to act in his place and assume his functions. Appointment of recorder and election of successor. Vacancies. SEC. 3. Be it further enacted, That the compensation of the recorder for his services shall be the same as now received by the mayor for his services for performing the same duties, and shall be collected and paid in the same way and manner. Compensation of recorder. SEC. 4. Be it further enacted, That any person who shall be elected recorder of the city of Wrightsville must, at the time of his election, be at least twenty-one (21) years of age, and must have been a resident of the city of Wrightsville at least six months before entering upon the duties of said office. Before entering upon the discharge of the duties of this 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 rich and poor, and I will faithfully and impartially discharge and perform all duties which may be required of me as recorder of the city of Wrightsville, according to the best of my ability and understanding; so help me God. Which oath shall be administered by some officer authorized to administer oaths, and filed of record with the clerk of council. Qualifications and oath of recorder. SEC. 5. Be it further enacted by the authority aforesaid, That the recorder shall have the right and power to suspend or remit all fines, or any part thereof, and shall have the power to pardon or commute the sentence of any person, or persons, convicted in the recorder's court. Powers of recorder. SEC. 6. Be it further enacted by the authority aforesaid, That the provisions of this amendement shall not go into effect until the first day of September, 1907. 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 16, 1907.

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WRIGHTSVILLE, PUBLIC SCHOOL SYSTEM. No. 170. An Act to amend an Act approved August 1, 1906, entitled 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 to provide revenue for the same, and for other purposes, by striking out in section 1 the words And the ratification of the same, as hereinafter provided, in lines three and four.By striking the whole of section three and inserting in lieu thereof another section. By striking out the whole of section 7, and inserting in lieu thereof another section. By striking out the whole of section 13 and inserting in lieu thereof other sections, known in amended Act as sections 4, 5 and 6, and by changing title of section 15, or original Act, to title 7 in amended Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that section 1 of said Act be amended by striking out the words And the ratification of the same, as hereinafter provided, in the third and fourth lines of said section, so that said section, when amended, shall read as follows: 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 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, corporate school district. SEC. 2. Be it further enacted, That section 3 of the above described Act be amended by striking the whole of section 3 and inserting in lieu thereof the following: Be it further enacted, That T. L. Harris, T. S. Page, J. H. Birch, T. L. Martin, H. J. Young, J. F. Norris and J. E. Brantley shall be, and are, hereby constituted the board of education, to

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carry into effect the provisions of this Act, until the regular elections of said members of said board shall take place on the first Saturday in June, every two years. Board of education. The first election of this Act shall be held on the first Saturday in June, 1909, at which time there shall be seven members of said board elected, who shall hold said office for two years from said date, or until their successors are qualified. The board of education shall fill all vacancies occurring in said board. SEC. 3. Be it further enacted, That said Act be further amended by striking out the whole of section 7 and inserting in lieu thereof the following: Be it further enacted, That after the passage of this Act, that it shall be the duty of the State School Commissioner of Georgia, and he is hereby required, to pay over to the treasurer of said 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 rule of distribution of the public school funds. Pro rata part of public school fund SEC. 4. Be it further enacted, That said Act be further amended by striking out the whole of section 13 and inserting thereof the following: Be it further enacted by the authority aforesaid, That sections 8, 9 and 10 of the original Act, so far as they relate to levying and collecting taxes, shall not go into effect or become operative until ratified by a two-thirds of the votes cast at an election to be held in said school district under and by virtue of this Act. Election for school tax. SEC. 5. Be it further enacted by the authority aforesaid, That the board of education of the Wrightsville school district is 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 8, 9 and 10 of the original 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 1201st district G. M. of Johnson county, and according to the requirements of the law of this State for voting for members of the General Assembly. 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 two-thirds majority shall vote For taxation the right of taxation shall be declared ratified and of force; otherwise, if a majority shall vote Against taxation. Twenty days' notice of holding such election shall be given by publication in a newspaper published in Johnson county. The expense of holding said

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election shall be paid out of the school fund. The board shall have power to call an election every six months until ratified, or at such other times as they see fit. Election, how ordered and held SEC. 6. Be it further enacted, That all public school property within said school district, such as maps, charts, globes, desks, and of any and all other character that has been appropriated for the use of public school purposes within said district, shall be turned over to said board of education immediately after the passage of this Act. School property. SEC. 7. Be it further enacted, That the said board of education shall have full power to perform all necessary acts for the contracting with teachers and securing places for holding said public schools in said district, in accordance with the public school laws of the State of Georgia, so as to establish at once, upon the passage of this Act, public schools in Wrightsville school district; provided, that the board of education Wrightsville school district shall make their report to the State School Commissioner of the State of Georgia, and be in nowise under the control of the county school commissioner of Johnson county; and provided further, that the said board of education shall levy no tax for the maintenance of said school until sections 8, 9 and 10, hereinbefore provided for, shall have been submitted to the people and ratified. Employment of teachers. 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 22, 1907.

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TITLE II. BANKING CORPORATIONS. ACTS. Citizens Bank of Athens, name changed. CITIZENS BANK OF ATHENS, NAME CHANGED. An Act to amend an Act incorporating the Citizens Bank of Athens, Georgia (formerly Northeast Georgia Loan and Banking Company), approved September 29, 1891, and the Act amendatory thereof, approved August 13, 1903, by changing the name of said corporation to Citizens Bank and Trust Company; to provide that said corporation may elect as many as fifteen directors, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the amendatory Act, approved August 13, 1903, be, and the same is, hereby amended by striking from the caption or title of said Act, and the first and second sections of the same wherever they occur, the words The Citizens Bank of Athens, Georgia, and in lieu thereof inserting the words Citizens Bank and Trust Company, so as to change the name of said corporaton to Citizens Bank and Trust Company, under which name it is authorized to exercise all of its charter powers as contained in the Act of 1890-1891, volume 2, pages 317-320. Citizens Bank of Athens becomes Citizens Bank and Trust Company. SEC. 2. Be it further enacted, That the word nine in the third line of the fourth section of the Act approved September 29, 1891, above recited, be stricken and substituted in lieu thereof the word fifteen, so that said corporation shall have the power to elect as many as fifteen directors for the management of the affairs of said corporation. Directors. 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.

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PART IV.RESOLUTIONS.

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Authorizing Governor to borrow money to supply deficiencies. Authorizing Governor to contract in relation to refund of cotton tax. Authorizing Governor to contract in relation to refund of cotton tax. In relation to case of the State against certain copper companies. In relation to proposed canal from St. Mary's to the Gulf. Recommending appropriations by Congress for industrial instruction. In relation to cotton tax collected by Federal government. In relation to proposed levees on Altamaha river. Appropriation to pay deficiency on pension rolls of 1907. Appropriation to pay Jas. R. Atwater for rent of armory. Appropriation to pay pension of John N. Brown. Appropriation to pay pension to Mrs. Eliza Brown. Appropriation to pay pension to Mrs. Sarah A. Bruce. Appropriation to pay pension to Mrs. E. J. Burgess. Appropriation to pay pension to Mrs. Mattie J. Combs. Appropriation to pay pension to Mrs. Nancy E. Cowan. Appropriation to pay pension to Mrs. Amanda Eady. Appropriation to pay pension to Mrs. Elizabeth Fordham. Appropriation to pay pension of Harris Fuller. Appropriation to pay pension of Newton Harris. Appropriation to pay pension to Mrs. Lucy B. Huguley. Appropriation to pay pension of B. F. McGehee. Appropriation to pay pension to Mrs. M. E. M'Lane. Appropriation to pay pension of B. F. Powell. Appropriation to pay pension to Mrs. N. C. Pickett. To relieve sureties on bond of M. T. Paulk. In relation to certain railroad safety devices. Committee to examine books of State House Officers. Committee on the University and its branches. Committee on Penitentiary, inspections, etc. Invitation to Brotherhood Railway Carmen of America. In relation to unfinished business. In relation to unfinished business.

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AUTHORIZING GOVERNOR TO BORROW MONEY TO SUPPLY DEFICIENCIES. No. 9. A resolution authorizing the Governor to borrow money to supply casual deficiencies. Be it resolved by the House of Representatives, the Serate concurring, That if it should become necessary at any time previous to the next meeting of the General Assembly to supply casual deficiencies, the Governor shall be, and he is, hereby authorized to borrow, on the best terms he can, a sum of money sufficient, not to exceed the sum of two hundred thousand dollars, to supply casual deficiencies within the terms of the Constitution, and the money so borrowed shall be used for the purpose specified and for no other. Casual deficiencies Approved August 20, 1907. AUTHORIZING GOVERNOR TO CONTRACT IN RELATION TO REFUND OF COTTON TAX. No. 5. A RESOLUTION. Be it resolved by the General Assembly of the State of Georgia, That the Governor, pursuant to this resolution, be, and he is, hereby authorized to make a power of attorney to, and a contract with, such persons as he may select for their services in obtaining a bill or joint resolution to be passed by the Congress of the United States authorizing the return to this State of the amount of internal revenue taxes that were collected by the United States unconstitutionally on cotton during the years 1862, 1864, 1865, 1866, 1867 and 1868: Internal revenue tax on cotton. Provided, that said contract for fees, or commissions, for said services, shall not exceed fifteen per centum of the amount to be so recovered and returned to the State, and that any fees or commissions to be so contracted for by the Governor shall be wholly contingent upon the successful efforts of General M. C.

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Butler and his associates in this matter, and paid from the amount so refunded and returned to the treasury of the State of Georgia. Approved August 22, 1907. AUTHORIZING GOVERNOR TO CONTRACT IN RELATION TO REFUND OF COTTON TAX. No. 11. A JOINT RESOLUTION. Be it resolved by the General Assembly of the State of Georgia, That the Governor, pursuant to this resolution be, and he is, hereby authorized to make a power of attorney to, and a contract with, such persons as he may select, for their services in obtaining a bill or joint resolution to be passed by the Congress of the United States authorizing the return to this State of the amount of internal revenue taxes that were collected by the United States unconstitutionally on cotton, during the years 1862, 1864, 1865, 1866, 1867 and 1868: Internal revenue tax on cotton. Provided, That said contract for fees, or commissions, for said services, shall not exceed fifteen per centum of the amount to be so recovered and returned to the State, and that any fees or commissions, to be so contracted for by the Governor shall be wholly contingent upon the successful efforts of General M. C. Butler and his associates in this matter, and paid from the amount so refunded to the treasury of the State of Georgia. Approved August 22, 1907. IN RELATION TO THE CASE OF THE STATE AGAINST CERTAIN COPPER COMPANIES. No. 1. A joint resolution in relation to the case of the State of Georgia, by its Attorney General John C. Hart, vs. Tennessee Copper Company et al. WHEREAS, The Attorney-General did heretofore institute in pursuance of authority of and direction by the Legislature of the State of Georgia, an original petition in the Supreme

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Court of the United States, said cause sounding State of Georgia, by its Attorney-General, John C. Hart, vs. Tennessee Copper Company et al., and having for its purpose the protection of the public domain from injury and destruction caused by poisonous fumes resulting from the smelting of copper ores at Ducktown and Isabella, Tennessee, by the said defendant copper companies, and WHEREAS, Said cause has since been passed upon by the Supreme Court of the United States adjudging the State of Georgia in her sovereign right, was entitled to the injunction prayed for, and if she insisted upon her right it is the duty of the Supreme Court to enter a decree accordingly, after giving to the copper companies a reasonable time within which to install sulphuric acid plants or other appliances for eliminating the poisonous or injurious qualities of said fumes, therefore, Be it resolved by the General Assembly of the State of Georgia, That the State of Georgia through her Attorney-General insist upon her right to a final decree against an indefinite continuance of the injuries to her public domain by the operation of said companies, but, recognizing and fully realizing the vast interests involved to the copper companies and to the people dependent thereon, the State of Georgia feels that she should act in a spirit of wisdom, justice, and moderation, and having every confidence in her Attorney-General, the matter of final procedure is left entirely to his discretion, we recommending that he proceed liberally in the matter, to the end that no unnecessary hardship shall be imposed upon the copper companies, and that no unnecessary time shall be allowed them to complete the structures that they now are building to stop the fumes, to the damage and injury of the citizens of Georgia and to her public domain. Authority of Attorney General in relation to suits vs. copper companies. Approved July 27, 1907. IN RELATION TO PROPOSED CANAL FROM ST. MARY'S TO THE GULF. No. 7. A resolution to memorialize the Congress of the United States to appropriate money for making the necessary preliminary surveys and constructing a canal from St. Mary's, Georgia, along the St. Mary's and Suwannee rivers to a suitable port on the Gulf coast of Florida. WHEREAS, From partial surveys heretofore made, by the

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State and the Federal government, it has been shown that a water line for barges or a ship canal can be constructed at comparatively small expense from St. Mary's, Georgia, along the St. Mary's and Suwannee rivers to a suitable point on the Florida Gulf coast; and WHEREAS, Col. G. A. Gillmore, of the United States Engineer Corps, on December 30, 1876, made an elaborate report to Secretary of War, in which, from surveys made, he compared the various water routes from the Mississippi Valley and the West to the Atlantic coast, and conclusively demonstrated that in all the elements needed to make a thoroughly successful system of water transportation between these points in cheapness and ease of construction and operation and in general feasibility, the above named St. Mary's river route was in every respect superior to all others; and Canal from St. Mary's to the Gulf. WHEREAS, On account of the work done by the United States government in recent years on the Cumberland bar at the mouth of the St. Mary's river, this bar has been greatly deepened so that St. Mary's can have as deep or deeper water than any other South Atlantic port, and can thus be made one of the greatest of Southern ports and the fitting terminus of such a canal; and WHEREAS, further, On account of the great growth of the South and West in population and in the quantity of their products, the railroads of these sections have been and will be unable to properly transport the products of the West and South-west to the Atlantic coast, and the merchandise and manufactures of the East and Southeast to the West; and WHEREAS, It is greatly to the interest of the South and West and of the United States at large that a ship canal or water route be constructed along the route above described, which can handle the shipments between the sections named at small cost and relieve the railroads, also save long and dangerous shipments by water around the Florida Keys: Therefore, it is hereby resolved by the Senate of the State of Georgia, the House of Representatives concurring, That Congress be, and it is, hereby requested and memorialized to make a suitable appropriation for the purpose of making the preliminary surveys and constructing a canal along the route above named. Resolved further, That our Senators and Representatives in Congress be requested to lay this matter before that body at its next session and urge such measures to be taken by the general

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government as will speedily result in the construction of this canal, which will be of national benefit. Resolved further, That copies of this resolution be transmitted by the Governor to each of the Representatives and the Senators of this State, as well as of the State of Florida, with the request that such steps be taken as to insure the passage of an Act and appropriation by Congress sufficient to carry out the purposes of this resolution. Approved August 22, 1907. RECOMMENDING APPROPRIATIONS BY CONGRESS FOR INDUSTRIAL INSTRUCTION. No. 6. A RESOLUTION. WHEREAS, Several bills have been introduced in Congress which propose to furnish means of enlarging existing high schools devoted to instruction in agriculture and other industrial subjects, it is hereby: Resolved, by the Senate, the House of Representatives concurring, That we respectfully urge upon Congress the wisdom of thus extending to the many the class of industrial instruction so well supplied to the few in our State Colleges of Agriculture and Mechanic Arts, as founded by Congress through the land grant Act of 1862. Resolved further, That such legislation be passed that will establish such schools of secondary grade in agriculture, the mechanical trades and industries and home making suited to all country and city youth, and that there be provided for agricultural high schools farms such as these in Georgia, means with which to carry on such agricultural investigations as the local conditions may require. Resolved further, That a copy of these resolutions be transmitted by the Secretary of State of Georgia to the President of the United States and to our Senators and Representatives in Congress, to the end that they may encourage the passage of this measure known as the Davis Bill (H. R. 24575) introduced at the close of the fifty-ninth Congress, entitled, A bill to provide

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an annual appropriation for industrial education in agricultural high schools and in city high schools and for branch agricultural experiment stations, and regulating the expenditures thereof. Industrial education. Approved August 22, 1907. IN RELATION TO COTTON TAX COLLECTED BY FEDERAL GOVERNMENT. No. 8. A RESOLUTION. WHEREAS, Between the years 1861 and 1868, the Federal government levied and collected from the South a cotton tax of $68,000,000, and Cotton tax. WHEREAS, The levy and collection of said cotton tax was in violation of the Federal Constitution, and WHEREAS, The people of the State of Georgia paid $11,000,000 of this tax; therefore, Be it resolved by the Senate, the House concurring, That we heartily endorse the bill introduced in Congress by Hon. J. Thomas Heflin, of Alabama, demanding the return of this cotton tax money to the people from whom it was collected. Approved August 22, 1907. IN RELATION TO PROPOSED LEVEES ON ALTAMAHA RIVER. No. 14. A RESOLUTION. WHEREAS, Many acres of valuable land in Liberty and McIntosh counties are rendered unfit for agricultural purposes by the annual overflow of the water from the Altamaha river, and Levees on Altamaha river. WHEREAS, It is believed that these lands can be reclaimed and made safe for cultivation by building the proper levees on said river; and

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WHEREAS, Said river is a navigable stream and under the control of the United States Government: Therefore, be it resolved by the General Assembly of Georgia, That our Representatives in Congress are hereby requested to use their influence with the proper anthorities to have the above conditions investigated that they may be abated if considered practical. Approved August 22, 1907. APPROPRIATION TO PAY DEFICIENCY ON PENSION ROLLS OF 1907. No. 3. A RESOLUTION. WHEREAS, There is a shortage in the appropriations made by the General Assembly to pay off the pension rolls of 1907 in the total sum of forty-three thousand dollars, to wit: Indigent Soldiers, 477 $28,620 Deficiencies on pension rolls. Indigent Widows, 143 8,580 Old Class Widows, 42 2,520 Disabled Soldiers, 64 3,265 $42,985 Be it, therefore, resolved by the General Assembly of the State of Georgia, That the sum of forty-three thousand dollars, or so much thereof as may necessary be and the same is hereby appropriated, to be paid of any money now in the treasury of the State, to enable the Commissioner of Pensions to complete the payment of the pensions due for 1907 which were placed on the rolls within the time provided by law October, 1, 1906, and are now still unpaid: Provided, however, That preference shall be given by the Commissioner of Pensions in paying said fund to those pensioners who were on the roll and entitled to draw pensions prior to October 1, 1905. Approved August 8, 1907.

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APPROPRIATION TO PAY JAS. R. ATWATER FOR RENT OF ARMORY. No. 18. A RESOLUTION. WHEREAS, The Upson Guards, Company H, 2d Regiment Infantry National Guards of Georgia, located at Thomaston, Upson county, Georgia, and mustered into service on November 27, 1899, rented from James R. Atwater and occupied for the months of July, August, September, October, November and December, 1905, and all of the year 1906, and the months of January, February and March, 1907, their armory for storing and keeping the equipment of said military company, and for all other such uses as was needed by said command, to protect the property and traps of the State of Georgia; and WHEREAS, The State of Georgia contracted to pay to the said James R. Atwater twelve and [UNK] ($12.50) dollars per month as its portion of the rent of said armory, making a total sum of two hundred and sixty-two and [UNK] ($262.50) dollars for twenty-one months at twelve and [UNK] ($12.50) per month, which said debt has not been paid: Rent of armory. Be it therefore resolved, That the sum of Two Hundred and Sixty-Two and [UNK] Dollars is hereby directed to be paid James R. Atwater out of the first funds appropriated and available for military purposes. Approved August 22, 1907. APPROPRIATION TO PAY PENSION OF JOHN N. BROWN. No. 28. A RESOLUTION. WHEREAS, John N. Brown, of Dawson county, Georgia, was, prior to November 9, 1906, 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

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Pensions of this State, under the laws providing for pensions of Confederate soldiers, as such Confederate soldier did receive a pension prior to the year 1907, and that on the 9th day of November, 1906, said John N. Brown departed this life before obtaining his pension for 1907; and Pension. WHEREAS, The widow of said John N. Brown, Mrs. Caroline Brown, was married to said John N. Brown in the year 1855, is now old, poor and needy and of good character, and a resident of said county of Dawson 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. Caroline Brown, for sixty-dollars, the same being the amount that would have been due her for the year 1907, and the said sum of sixty dollars is hereby appropriated for the payment of the same. Approved August 22, 1907. APPROPRIATION TO PAY PENSION TO MRS. ELIZA BROWN. No. 33. A resolution to pay the pension of 1907 to Mrs. Eliza Brown, of Colquitt county. WHEREAS, Mrs. Eliza Brown, of Colquitt county, made application to the Commissioner of Pensions February 13, 1905, and the witness omitted, being no fault of the applicant, to swear to the date of the death of husband of the applicant and to her poverty, which application was returned by the Commissioner of Pensions for this testimony to be supplied on September 30, 1905; and Pension. WHEREAS, The amendment in the testimony was made as she thought, but the witness omitted to swear to the date of the death of the applicant's husband and was again returned by the Commissioner of Pensions in the fall of 1906; and WHEREAS, She at last got the proper amendment made in the testimony of the date of the death of her husband, and the

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Commissioner has approved her application and will place her name on the Indigent Widows' Pension Roll for 1908; and WHEREAS, All this failure to get the proper proof as to the death of the husband, etc., was no fault of hers, and she was relying on other persons to do this for her, she was deprived of her pension of 1907. That she is old and feeble in health, and the widow of a worthy Confederate soldier: Be it, therefore, resolved by the General Assembly of the State of Georgia, That the sum of sixty dollars be and the same is hereby appropriated to pay the pension of Mrs. Eliza Brown, of Colquitt county, the pension for 1907, of which she was deprived by no fault or oversight of her own; and the Governor is hereby authorized to draw his warrant on the treasury of the State, to be paid out of any money in the treasury, for said amount. Approved August 22, 1907. APPROPRIATION TO PAY PENSION TO MRS. SARAH A. BRUCE. No. 29. A RESOLUTION. WHEREAS, Mrs. Sarah A. Bruce of Fulton county, Georgia, is the widow of Joel L. Bruce, a deceased Confederate veteran; and WHEREAS, She is now properly on the pension roll and drawing her pension as an indigent widow as provided by law; and Pension. WHEREAS, Joel L. Bruce was on the pension roll in 1905 as a Confederate veteran and died on the 28th day of December, a few days prior to the date when the pension would have been paid him and too late for his widow to apply; therefore, Be it resolved by the House of Representatives, the Senate concurring, that the sum of sixty dollars ($60.00) be declared to be due the widow Bruce for the year 1906. Be it further resolved, That the Governor be, and he is, hereby authorized to draw his warrant on the treasury of Georgia for the sum of sixty dollars ($60.00) to be paid the said Widow Sarah A. Bruce, to be paid out of any money not otherwise appropriated. Be it further resolved, That all laws and parts of laws in conflict with this resolution be, and the same are, hereby repealed. Approved August 22, 1907.

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APPROPRIATION TO PAY PENSION TO MRS. E. J. BURGESS. No. 31. A resolution to pay pension to Mrs. E. J. Burgess, now of Fulton county, for the years 1903 and 1904, due to Albert C. Burgess. WHEREAS, Albert C. Burgess was placed on the Indigent Pension Roll of Forsyth county by the Commissioner of Pensions, on his application, and was paid his annual pension for 1902: Pension WHEREAS, The said Albert C. Burgess was committed to the State Sanitarium in the latter part of the year 1902, remaining in said sanitarium until his death, 18th April, 1904: WHEREAS, Mrs. E. J. Burgess being the lawful wife of the said Albert C. Burgess, and under the existing law was entitled to this annual pension, and from her weak and enfeebled condition, and for want of knowledge of her rights in the matter, failed to apply to said Commissioner of Pensions for said pension, as was her right to do, so that the Commissioner of Pensions could pay her; therefore the sum of sixty dollars is now due her and unpaid for each of the years of 1903 and 1904: Be it resolved by the General Assembly of the State of Georgia, That the sum of one hundred and twenty dollars be, and the same is hereby appropriated to pay the annual pension due to Mrs. E. J. Burgess, the wife, and now widow, of Albert C. Burgess, for the years 1903 and 1904, which is due to her and unpaid, and that the Governor is hereby authorized to draw his warrant in favor of the said Mrs. E. J. Burgess on the Treasurer of the State for said sum of one hundred and twenty dollars, to be paid out of any money that may be in the treasury. Approved August 22, 1907. APPROPRIATION TO PAY PENSION TO MRS. MATTIE J. COMBS. No. 10. A RESOLUTION. WHEREAS, Wesley P. Combs of the county of Wilkes was

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on the pension roll of this State and had been paid his pension for several years prior to 1907; and Pension. WHEREAS, The said Wesley P. Combs departed this life on the 18th day of November, 1906, having been afflicted with cancer for six years and a care to his wife all that time; and WHEREAS, Under the law and rules of the Commissioner of Pensions in closing the rolls to be paid for 1907 on the first day of October, 1906, and the said Wesley P. Combs' name being on the roll for 1907, made it too late after his death for his widow, Mrs. Mattie J. Combs, to apply in her own right to the pension due her husband for 1907: Be it, therefore, 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. Mattie J. Combs of Wilkes county for her pension for 1907, and that the Governor is authorized to draw his warrant on the treasury for the payment of said sum. Approved August 22, 1907. APPROPRIATION TO PAY PENSION TO MRS. NANCY E. COWAN. No. 26. A RESOLUTION. WHEREAS, Robert T. Cowan, late of Rockdale county, Georgia, deceased, had on the day of , 1905, made application for a pension, which application, conforming to all the requirements of law, was granted, and his name regularly placed on the pension roll, and he drew such pension for the year 1906; and Pension. WHEREAS, The said Robert T. Cowan departed this life on the 4th day of December, 1906; less than one month before he was to have received payment of such pension for the year 1907; and WHEREAS, Said Robert T. Cowan left a widow, who was married to him in 1859, in destitute circumstances; and WHEREAS, The grand jury of said county of Rockdale at the last session, April, 1907, recommended that Mrs. Cowan, widow, draw her husband's pension for the year 1907; therefore,

Page 1002

Be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, That the sum of sixty ($60.00) dollars, being the amount of pension due Robert T. Cowan for the year 1907, be, and the same is, hereby appropriated to Mrs. Nancy E. Cowan, of the county of Rockdale, out of any sums in the treasury, not otherwise appropriated, and the Governor is hereby authorized to draw his warrant on the treasury in favor of said Nancy E. Cowan, for said sum. Approved August 22, 1907. APPROPRIATION TO PAY PENSION TO MRS. AMANDA EADY. No. 30. A RESOLUTION. WHEREAS, Elkine Eady, of Heard county, Georgia, was prior to November 16, 1906, upon a regular application, and on proof, placed upon the indigent pension rolls of said county of Heard, and of record in the office of 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 1907, and that on the sixteenth day of November, 1906, said Elkine Eady departed this life before obtaining his pension for 1907; and Pension. WHEREAS, The widow of said Elkine Eady, Mrs Amanda Eady, was married to said Elkine Eady on the 22d day of January, 1861, is now old, poor and needy, and of good character, and a resident of said Heard county at this time, and who is an applicant for an indigent pension from said county and has been placed on the roll; 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 treasury in favor of said Mrs. Amanda Eady for sixty dollars, the same being the amount that would have been due her for the year 1907, and the said sum of sixty dollars is hereby appropriated for the payment of the same. Approved August 22, 1907.

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APPROPRIATION TO PAY PENSION TO MRS. ELIZABETH FORDHAM. No. 27. A RESOLUTION. WHEREAS, J. G. Fordham of Coweta county, Georgia, was, prior to October 15, 1905, on the indigent pension roll of said county of Coweta, as will appear from the record in the office of the Commissioner of Pensions of the State of Georgia, and that said J. G. Fordham drew a pension of $60.00 for several years up to and including the year 1905; said J. G. Fordham died on October 15, 1905, before he drew his pension money for the year 1906, and after it was too late for his widow, Elizabeth Fordham, to make her application to be placed on the rolls as an indigent widow, and be able to draw her pension for the year 1906. So that neither she nor her husband drew for the year 1906. Said Elizabeth Fordham has since been placed on the indigent widows pension list and has drawn her pension of $60.00 for the year 1907; and, Pension WHEREAS, The widow of said J. G. Fordham is old and bedridden, poor and needy, but of excellent character, and a resident of said Coweta county, Georgia: 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 Elizabeth Fordham, for sixty ($60.00) dollars, the same being the amount that would have been due her for her pension for the year 1906, and the said sum of sixty dollars is hereby appropriated for the payment of the same. Approved August 22, 1907. APPROPRIATION TO PAY PENSION OF HARRIS FULLER. No. 23. A resolution to appropriate sixty dollars to pay the pension of Harris Fuller for the year 1906. WHEREAS, Harris Fuller, now of Fulton County, made application

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in 1905 for a pension as an indigent Confederate soldier, which application was approved and allowed by the Pension Commissioner; and Pension. WHEREAS, at the time of making said application said Harris Fuller was a resident of Carroll county, and when his said application was approved, notice thereof was sent to the ordinary of Carroll county; and WHEREAS, The said Harris Fuller before the notice aforesaid was sent to said ordinary, had moved to the county of Fulton and did not get his said pension for 1906; and WHEREAS, The said Fuller is now regularly on the pension roll from the county of Fulton and has drawn his pension for 1907: Now, therefore, be it resolved by the General Assembly of Georgia, That said pension of sixty dollars be paid to said Harris Fuller for the year 1906, and that the Governor be and is hereby authorized to draw his warrant on the treasurer of said State for the payment of said sum out of any funds in the treasury not otherwise appropriated. Approved August 22, 1907. APPROPRIATION TO PAY PENSION OF NEWTON HARRIS. No. 21. A resolution to pay pension of 1907 due to Newton Harris. WHEREAS, Newton Harris was on the disabled pension roll from Marion county and was due the pension of 1907 of fifty dollars; and Pension. WHEREAS, The pension to be paid to this class annually becomes due under the law the 26th day of October of each year, prior to the time the payment is made after the first of January of each year; and WHEREAS, Newton Harris died on the 24th day of December, 1906, after said pension to be paid in 1907 was due, and before payment could be made; and the ordinary in reporting death failed to give date to the Commissioner of Pensions, and his claim has not been included in the deficit appropriation to pay those unpaid for 1907:

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Be it therefore resolved, That the sum of fifty dollars be, and the same is, hereby appropriated out of any money in the treasury of the State to be paid to the ordinary of Marion county to be by him paid to the funeral expenses and doctor's bill of the said Newton Harris as is now provided by law; and the Governor is hereby authorized to draw his warrant on the treasury for said sum. Approved August 22, 1907. APPROPRIATION TO PAY PENSION TO MRS. LUCY B. HUGULEY. No. 32. A RESOLUTION. WHEREAS, W. W. Huguley, of the county of Wilkes, was on the pension roll of this State and had been paid his pension for several years prior to 1907; and Pension. WHEREAS, Said W. W. Huguley departed this life on the 30th day of December, 1906, leaving a widow; and WHEREAS, Under the law and rules of the Commissioner of Pensions in closing the rolls to be paid for 1907 on the first day of October, 1906, and the said W. W. Huguley's name being on the roll for 1907, made it too late after his death for his widow, Mrs. Lucy B. Huguley, to apply in her own right for the pension due her husband for 1907: Be it therefore 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. Lucy B. Huguley of Wilkes county for her pension for 1907, and that the Governor is authorized to draw his warrant on the treasurer for the payment of said sum. Approved August 22, 1907.

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APPROPRIATION TO PAY PENSION OF B. F. MCGEHEE. No. 24. A resolution to pay pension of 1897 to B. F. McGehee of Fulton county. WHEREAS, B. F. McGehee, now an indigent pensioner of Fulton county, made application to be paid on said indigent roll January 8, 1897; and Pension. WHEREAS, His application was approved and would have been paid along with other pensioners for that year, had the notice of the Commissioner been received so that he could have made his voucher and presented it to the Commissioner for 1897; and WHEREAS, The said B. F. McGehee had no notice of his approval or that he could be paid the thirty dollars that was paid to others of his class for 1897, which sum of thirty dollars is now due and unpaid for 1897: Be it resolved therefore by the General Assembly of the State of Georgia, That the sum of thirty dollars be, and the same is hereby appropriated out of any money in the treasury to pay the said B. F. McGehee for the pension of 1897, and that the Governor is authorized to draw his warrant in favor of B. F. McGehee on the Treasurer of the State for said purpose. Approved August 22, 1907. APPROPRIATION TO PAY PENSION TO MRS. M. E. MCLANE. No. 15. A RESOLUTION. WHEREAS, Mrs. M. E. McLane, of Coweta county, Georgia, widow of Thomas McLane, a soldier of said Coweta county, was put on the pension roll in the year 1895, and drew a pension every year from that date up to and including the year 1903. That in January, 1904, said Mrs. M. E. McLane died, after she had signed her pension paper for that year, and the

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ordinary of said Coweta county, Georgia, had drawn her money from the State treasury for the purpose of paying her for the year (1904), but before said ordinary could pay the money over to her, she died, and the said ordinary returned said sum of sixty dollars to the Treasurer of the State: That said Mrs. McLane left a dependent daughter, and an invalid grandson, whom she had raised, and the burden of burial expenses paid by this daughter, out of the proceeds of her daily toil, has been paid by her at a sacrifice: Therefore be it resolved by the House of Representatives, the Senate concurring, That the said daughter of the said Mrs. M. E. McLane, to wit: Miss Fannie McLane, be paid the sum of sixty dollars, the pension of her mother, for the year 1904, 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 22, 1907. APPROPRIATION TO PAY PENSION OF B. F. POWELL. No. 22. A resolution to pay pension due B. F. Powell for 1906, then of Screven county, now of Jenkins county. WHEREAS, The indigent pension roll of Screven county shows that B. F. Powell had been placed on the roll and drew his pension for several years up to and including the year 1905: Pension. WHEREAS, The General Assembly did in 1905 lay out and make the county of Jenkins, and in doing this that part of Screven county in which the said B. F. Powell resided was placed into and became a part of Jenkins county, and when the time came to pay pensions of 1906 the ordinary of Screven county would not make out his voucher, as he did not reside in said county: WHEREAS, He was unable to get to the ordinary of Jenkins county and never did make out his voucher, and was never paid his pension due him for 1906 because he did not know what to do, and where to go to get it: Be it resolved by the General Assembly of the State of Georgia, That the sum of sixty dollars is hereby appropriated to pay the pension due to B. F. Powell of Jenkins county for the

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year 1906, and the Governor is hereby authorized to draw his warrant in favor of B. F. Powell to be paid out of any money in the treasury of the State for this pension due for 1906 and unpaid. Approved August 22, 1907. APPROPRIATION TO PAY PENSION OF MRS. N. C. PRICKETT. No. 25. A resolution to pay a pension to Mrs. N. C. Prickett for 1907. WHEREAS, F. A. Prickett was on the indigent pension roll of Banks county and drew his pension for 1906, then a resident of Jackson county: Pension. WHEREAS, Mrs. N. C. Prickett went before the ordinary of Jackson county and made her application for the indigent pension allowed the widow of a Confederate veteran who was himself a pensioner, and that the ordinary in making the application and writing the testimony stated that her husband was an indigent pensioner on the rolls of Jackson county when he died April 14, 1906; and WHEREAS, The said F. A. Prickett had never been paid a pension in Jackson county but was on the pension rolls of Banks county and was paid his last pension in 1906 in Banks county and not in Jackson county as set out in the application; and WHEREAS, When said application came before the Commissioner of Pensions to be passed on he could not find the name of her husband, F. A. Prickett, on the pension rolls of Jackson county, he disapproved the application; and WHEREAS, As soon as the cause was known why said disapproval was made and that her husband was on the pension roll of Banks county and not on the roll of Jackson county, when he died, the Commissioner of Pensions revoked his order of disapproval and approved her application for the rolls of 1908. This mistake as to the roll on which her husband last drew a pension was not caused by any fault of hers, but had the ordinary of Jackson county stated the fact correctly, as he should

Page 1009

have done, she would have had her application approved and received her pension for 1907: Therefore be it resolved by the General Assembly of the State of Georgia, That the sum of sixty dollars is hereby appropriated to be paid to Mrs. N. C. Prickett, the pension she was justly entitled to and deprived of by no fault of her own; and that the Governor be and he is hereby authorized to draw his warrant on the treasury of the State for said amount to be paid out of money therein to Mrs. N. C. Prickett, for the pension of 1907. Approved August 22, 1907. TO RELIEVE SURETIES ON BOND OF M. T. PAULK. No. 4. A RESOLUTION. WHEREAS, M. Henderson, John B. Paulk, and J. M. Barnes, of Irwin county, in March, 1889, became sureties on the bond of M. T. Paulk in the sum of $1,000.00 for the discharge of his duties as ordinary for said county of Irwin; and Pension. WHEREAS, After said bond was given and signed by said sureties, a resolution was passed by the General Assembly authorizing and requiring said M. T. Paulk, ordinary for said county, to sell the school lands lying in said county; and WHEREAS, Said lands were sold by said ordinary in the year 1891, and said ordinary failed to account to the State of Georgia for all the proceeds he received from the sale of said lands; and WHEREAS, Said M. T. Paulk died in the year 1898 without any proceeding having been filed against him by the State upon his said bond or for the collection of the balance of said proceeds remaining in his hands; and WHEREAS, Said sureties were not aware they were liable upon said bond for said acts of said ordinary in reference to the sale of said lands, owing to the fact that the resolution of the General Assembly authorizing said sale was adopted after said bond had been given and signed by them, as aforesaid, and said sureties resting upon that belief and assurance, and the State having made no claim or demand upon them, or filed any

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suit on said bond, the said sureties made no effort to protect themselves during the lifetime of said M. T. Paulk; and WHEREAS, The State never made any demand or filed suit upon said bond against said sureties until the year 1903, at which time suit was brought for the principal of said bond, to wit, $1,000.00, and interest thereon from the year 1891 at seven per cent. per annum, and said suit is still pending in the superior court of Irwin county; and WHEREAS, There is no property or estate of said M. T. Paulk from which said sureties can be reimbursed; and WHEREAS, It appears that the long delay of the State to file proceedings upon said bond, or make demand upon said sureties, misled them and lulled them into a sense of security until the lapse of several years after the death of said M. T. Paulk, and until it was too late for said sureties to protect themselves by paying said bond and collecting the amount thereof from their said principal; therefore, Be it resolved by the House of Representatives, the Senate concurring, That the Governor be, and he is hereby, instructed to dismiss said suit from the superior courts now pending in Irwin county, Georgia, and that said suit now pending upon said bond be dismissed, and the superior court of Irwin county, in which said suit is now pending, is hereby authorized and directed to dismiss said case. Approved August 22, 1907. IN RELATION TO CERTAIN RAILROAD SAFETY DEVICES. No. 17. A RESOLUTION. WHEREAS The loss of life has become so fearfully large and the destruction of property so enormous by collisions and accidents of similar character on the railoads of the United States, as was said by one of the foremost railroad managers of this county, a man takes his life in his hands every time he boards a train of cars; and Railroad safety devices. WHEREAS, Human ingenuity has been taxed in vain until recently to find some relief from this great evil; and

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WHEREAS, It has come to our knowledge that a Georgian, Dr. M. A. Born, of Athens, has invented and patented devices that will prevent head-on and rear-end collisions, accidents from misplaced switches, open draw-bridges, etc.; that this device has been thoroughly tested by practical railroad men and on eighty-ton engines and regular gauge railroad tracks, and pronounced to be absolutely perfect and practical: Therefore, Be it resolved by the General Assembly of Georgia, That we congratulate our fellow-citizen upon the great boon that has been conferred upon humanity, and we congratulate the people of the country that there may be some reasonable assurance of safety when they travel on railroad trains. Further resolved, That we respectfully call the attention of the Railroad Commission of Georgia, and ask an examination of these devices at their hands. Resolved further, That we respectfully ask of the Interstate Railroad Commission of the United States a thorough investigation of the merits of this device and a practical trial of the same, Congress having appropriated money for the same, to the end that so valuable a contribution to the welfare and benefit of mankind may not be delayed as has been the history of some of the most valuable inventions of the past. Approved August 22, 1907. COMMITTEE TO EXAMINE BOOKS OF STATE HOUSE OFFICERS. No. 20. A RESOLUTION. Resolved, by the House of Representatives, the Senate concurring, That a committee of three from the House and two from the Senate be appointed to examine the books of the State House officers who are under bond and to make such report as they may deem appropriate. Books of State house officers Approved August 22, 1907.

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COMMITTEE ON UNIVERSITY AND ITS BRANCHES. No. 19. A resolution providing for meeting of Committees on University of Georgia and its Branches, of the Senate and House of Representatives, for the purposes of visiting the various branch institutions while the Legislature is not in session. SECTION 1. WHEREAS, It is impracticable for the Committees on University of Georgia and its Branches, of the Senate and House of Representatives, to visit the various branch colleges of the University of Georgia, during the present session, because of the volume of business before the General Assembly demanding their attention, and because these institutions are now in vacation; therefore be it University and its branches. Resolved, by the House of Representatives, the Senate concurring, That the Committees on University of Georgia and its Branches, of the Senate and House of Representatives be, and they are hereby authorized to meet in vacation in joint session for the purpose of visiting and inspecting the several branches of the University of Georgia, while the same are in session, which they may do as a body, or by sub-committees. SEC. 2. Resolved further, That the members of said committees shall receive their regular per diem while thus engaged, not exceeding five days, and their actual expenses to be paid upon itemized statement of the same. Approved August 22, 1907. COMMITTEE ON PENITENTIARY, INSPECTIONS, ETC. No. 2. A RESOLUTION. WHEREAS, It is impracticable, virtually impossible, to visit, thoroughly inspect and examine the various State and county convict camps of this State within the limited time of the present session of the General Assembly; and Penitentiary inspectors. WHEREAS, It is essential to both the State and these camps

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that such visit, thorough inspection and examination be made; therefore be it Resolved, by the Senate, the House concurring, That the chairman of the House and Senate Penitentiary Committees appoint, each from their respective committees, sub-committees, of five (5) from the House and three (3) from the Senate, which said sub-committees shall during vacation visit, thoroughly inspect and examine all the convict camps of this State required by law to be examined, which have not been visited, thoroughly inspected and examined at the session of the General Assembly. Be it further resolved, by the authority aforesaid, That the chairman of the respective Penitentiary Committees of the House and Senate designate to their respective sub-committees the convict camp or camps to be visited, thoroughly inspected and examined by each of said sub-committees, and that a joint visit, inspection and examination of the sub-committees from the House and Senate is hereby authorized. Be it resolved, by the authority aforesaid, That the several sub-committees make complete reports of their acting and findings to this General Assembly at its next session. Be it further resolved, by the authority aforesaid, That the members of the said several sub-committees receive the same per diem each as other members of the General Assembly, together with their actual necessary expenses; provided that the time of service of said sub-committees shall not exceed ten days for each committeeman. Approved August 7, 1907. INVITATION TO BROTHERHOOD RAILWAY CARMEN OF AMERICA. No. 16. A RESOLUTION. The Brotherhood of Railway Carmen of America being now in Convention assembled in Chicago, Ill., and invitation having been extended to the large and representative body to hold its next Convention in Atlanta: Railway carmen. Be it resolved by the House of Representatives, the Senate concurring, That we heartily join in the invitation extended assuring them that in accepting the invitation a cordial welcome awaits them by the good people of Georgia. Approved August 22, 1907.

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IN RELATION TO UNFINISHED BUSINESS. No. 12. 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 the adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Unfinished business of Legislature Resolved, That the chairmen, respectively, of the Enrollment and Auditing Committees of the House and Senate, together with the members of the House and Senate Enrollment Committees and two members of the House Auditing Committee and two members of the Senate Auditing Committee, to be designated by the chairman thereof, be and they are hereby authorized to remain at the Capitol for five days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Resolved further, That the postmistress of the House be and she is hereby authorized to remain at the Capitol for five days after the adjournment of the General Assembly for the purpose of distributing and forwarding the members' mail, and that she be allowed her per diem for said time. Resolved further, That two 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 22, 1907.

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IN RELATION TO UNFINISHED BUSINESS. No. 13. A RESOLUTION. Resolved, by the House of Representatives, the Senate concurring, That Jno. T. Boifeuillet, Clerk of the House, and C. S. Northen, Secretary of the Senate, be instructed to prepare, publish and mail to each member of the General Assembly a statement showing the unfinished business of this session at the time of adjournment, and the status of each pending bill and resolution. Unfinished business of Legislature Approved August 22, 1907.

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INDEX. A. ABBEVILLE, CITY COURT OF Powers and privileges of judge 128 ABANDONMENT OF CHILD By father 57 ADAIRSVILLE Charter amended 358 AILEY Charter amended 367 ALBANY, CITY COURT OF Terms of, etc. 129 ALBANY New charter for 369 ALBANY Charter repealed 395 ALLAPAHA Charter amended 368 ALTAMAHA RIVER In re levees on 995

Page 1018

AMERICUS, CITY COURT OF Judge's salary, etc. 130 ANNESTOWN, TOWN OF Incorporated 396 APALACHEE, TOWN OF Incorporated 401 APPROPRIATIONS For support of government and institutions 7 To pay salaries, etc., of Court of Appeals 22 To supply deficiencies for 1907 23 To pay deficiencies on pension rolls 996 To pay for rent of armory 997 To pay pension of John R. Brown 997 To pay pension of Mrs. Elizabeth Brown 998 To pay pension of Mrs. Sarah A. Bruce 999 To pay pension of Mrs. E. J. Burgess 1000 To pay pension of Mrs. Mattie J. Combs 1000 To pay pension of Mrs. Nancy E. Cowan 1001 To pay pension of Mrs. Amanda Eady 1002 To pay pension of Mrs. Elizabeth Fordham 1003 To pay pension of Mrs. Harris Fuller 1003 To pay pension of Mrs. Newton Harris 1004 To pay pension of Mrs. Lucy B. Huguley 1005 To pay pension of Mrs. B. F. McGehee 1006 To pay pension of Mrs. M. E. McLane 1006 To pay pension of Mrs. B. F. Powell 1007 To pay pension of Mrs. N. C. Prickett 1008 ARBITRATION OF TAX RETURNS Made to Comptroller-General 96 ATHENS Authority to issue school bonds 406 ATHENS Dispensary abolished 408

Page 1019

ATHENS, CITIZENS BANK OF Name changed 985 ATLANTA JUDICIAL CIRCUIT Additional judge for 60 ATLANTA Charter amended 408 ATTORNEY-GENERAL Authority in re suits against copper companies 991 AUBURN Delivering and receiving liquor prohibited 412 AUGUSTA Charter amended 413 B BABCOCK Charter amended 414 BAILIFFS Compensation of 110 BAKER COUNTY License to sell liquor 259 BANK BUREAU Establishment of 85

Page 1020

BARNESVILLE Gordon College and public schools 419 BARNESVILLE Public schools 421 BAXLEY, CITY COURT OF Election, etc., of solicitor 131 BEN HILL COUNTY Terms of superior court 63 Commissioners roads and revenues 260 BETHLEHEM, TOWN OF Charter repealed 428 Incorporated 428 BEVERLY, TOWN OF Incorporated 433 BIBB COUNTY Terms of superior court 64 BLAKELY, CITY COURT OF Clerk and stenographer 133 BOSTON Charter amended 436 Charter amended 437 BOWMAN, CITY OF Incorporated 438

Page 1021

BOYNTON, TOWN OF Incorporated 467 BRASWELL Charter amended 470 BREMEN Charter amended 475 BRINSON, TOWN OF Incorporated 484 BRUNSWICK, CITY COURT OF Solicitor, appointment, etc. 135 BRYAN COUNTY Board of commissioners 464 BUSHNELL, TOWN OF Incorporated 491 C CADWELL, TOWN OF Incorporated 500 CAMILLA, CITY OF New charter 505 CAMILLA, CITY COURT OF Judge and solicitor, election, etc 136 CANAL From St. Mary's to the Gulf 992

Page 1022

CALHOUN Corporate limits 504 CARLTON Authority to issue school bonds 514 CARROLL COUNTY Board of commissioners 267 CARROLLTON Charter amended 517 CEDARTOWN Public school system 518 CHARLTON COUNTY, COUNTY COURT OF Clerk, etc. 247 CHATHAM COUNTY Protection of public roads 270 Fees of magistrates and constables 271 Militia district defined 272 CHATTOOGA COUNTY Chelsea school district 274 CHELSEA SCHOOL DISTRICT In Chattooga county 274 CHIPLEY Pro rata share of school fund 521

Page 1023

CITIZENS BANK OF ATHENS Name changed 985 CLAY COUNTY, COUNTY COURT OF Abolished 248 CLARKESVILLE, CITY COURT OF Clerk, authority, etc. 140 COBB COUNTY Board of commissioners 278 COCHRAN State depository in 51 COCHRAN, DISTRICT COURT OF Established 253 CODE AMENDMENTS Volume 1, section 982, State depository in Cochran 51 Volume 1, section 982, State depository in Conyers 52 Volume 1, section 982, State depository in Hazlehurst 52 Volume 1, section 982, State depository in Lyons 53 Volume 1, section 982, State depository in Ocilla 54 Volume 1, section 982, State depository in Pembroke 54 Volume 2, section 1884, corporate stock, amount, how changed 55 Volume 2, section 2026, investments by insurance companies 56 Volume 3, section 114, abandonment of child by father 57 Volume 3, section 243, forgery of any writing 57 Volume 3, section 1115, pay of non-resident witnesses 58 COLUMBUS Dedication of street to churches 522 Charter amended 523

Page 1024

COMMERCE Pro rata share of school fund 524 CONSTITUTION Amendment to, electors 47 CONSTABLES Fees of 112 CONYERS State depository in 52 CORDELE JUDICIAL CIRCUIT Terms of court 63 CORDELE, CITY COURT OF Judge and solicitor, election, etc. 141 CORPORATIONS Capital stock, how changed 55 COTTON TAX In re to refund of 990 In re to refund of 991 In re to refund of 995 COUNTY RECORDS System of indexes for 109 COUNTY TREASURERS Compensation of 111 COURT OF APPEALS Salaries and expenses 22

Page 1025

COURTS (CITY, COUNTY AND DISTRICT) City court of Abbeville, judge, etc. 128 City court of Albany, terms of, etc. 129 City court of Americus, salary of judge, etc. 130 City court of Baxley, election of officers, etc. 131 City court of Blakely, sheriff, stenographers, etc. 133 City court of Brunswick, solicitor, etc. 135 City court of Camille, election of officers, etc. 136 City court of Clarkesville, clerk, etc. 140 City court of Cordele, election of officers, etc. 141 City court of Covington, created 144 City court of Dalton, fees of jurors 156 City court of Eastman, jurisdiction, etc. 156 City court of Fitzgerald, established 157 City court of Fitzgerald, abolished 171 City court of Flovilla, established 172 City court of Fort Gaines, established 182 City court of Griffin, election of judge, solicitor, etc. 193 City court of McRae, judge's salary 196 City court of Millen, established 197 City court of Monticello, fees of jurors, etc. 211 City court of Nashville, jurisdiction, etc. 213 City court of Newnan, trial of misdemeanors 214 City court of Oglethorpe, established 215 City court of Pelham, solicitor's salary 228 City court of Richmond county, election of officers, etc. 229 City court of Sandersville, salaries of judge and solicitor, etc. 230 City court of Statesboro, fines, jurors, etc. 233 City court of Swainsboro, compensation of clerk and sheriff, etc. 236 City court of Sylvester, election of officers 237 City court of Thomasville, deputy clerk 238 City court of Tifton, salary of judge, etc. 241 City court of Vienna, solicitor, etc. 243 City court of Waycross, salaries of judge and solicitor, etc. 244 City court of Wrightsville, abolished 246 County court of Charlton county, clerk 247 County court of Clay county, abolished 248 County court of Jenkins county, abolished 249 County court of Macon county, abolished 250 County court of Newton county, abolished 250

Page 1026

County court of Pulaski county, fees of solicitor, etc 251 County court of Quitman county, office of county solicitor created, etc 252 District court of Cochran, established 253 COURTS (SUPERIOR) Atlanta judicial circuit, additional judge for 60 Cordele judicial circuit, terms of court 63 Bibb superior court, terms of 64 Dodge superior court, terms of 65 Early superior court, terms of 65 Effingham superior court, terms of 66 Grady county transferred to Albany circuit 67 Gwinnett superior court, terms of 68 Jasper superior court, terms of 69 Laurens county transferred to Oconee circuit 70 Liberty superior court, terms of 70 COVINGTON, CITY COURT OF Established 144 COVINGTON Charter amended 525 COVINGTON MILLS, TOWN OF Incorporated 529 COWETA AND MERIWETHER COUNTIES Haralson school district 282 CRANDALL, TOWN OF Incorporated 532 CRISP COUNTY Terms of superior court 63

Page 1027

D DACULA Charter amended 540 DALLAS Waterworks system 542 DALTON, CITY COURT OF Per diem of jurors 156 DANIELSVILLE Charter amended 544 DECATUR Corporate limits 547 DEPUTY SHERIFFS Compensation of 110 DEXTER Charter amended 549 DIFFEE, TOWN OF Incorporated 552 DODGE COUNTY Terms of superior courts 65 DOOLY COUNTY Terms of superior courts 63 DOOLING, TOWN OF Incorporated 560

Page 1028

DOUGLASVILLE Charter amended 565 DRUGS, NARCOTIC How dispensed 121 E EARLY COUNTY Terms of superior court 65 EASTMAN, CITY COURT OF Jurisdiction 156 EASTMAN New charter for 566 Charter repealed 584 EAST POINT Charter amended 584 EDISON Charter amended 589 EFFINGHAM COUNTY Terms of superior court 66 ELBERTON Charter amended 591 ELEANOR, TOWN OF Incorporated 592 ELECTORS Qualification and registration 47

Page 1029

EMANUEL COUNTY Road commissioners 284 EMANUEL AND JOHNSON COUNTIES Tom school district 285 F FAIRFAX, TOWN OF Incorporated 596 FAYETTE COUNTY Fishing laws repealed 289 FICKLEN, TOWN OF Incorporated 605 FISHING ON SUNDAY Prohibited 123 FITZGERALD, CITY COURT OF Established 157 Abolished 171 FITZGERALD, TOWN OF Charter repealed 607 FITZGERALD, CITY OF Incorporated 609 FLOVILLA, CITY COURT OF Established 172 FLOVILLA Corporate name 649

Page 1030

FLOYD COUNTY Public hospital established 290 FORGERY Of any writing 57 FORSYTH Charter amended 649 FORT GAINES, CITY OF Corporate name 650 FORT GAINES, CITY COURT OF Established 182 FORT VALLEY Charter amended 651 FRANKLIN COUNTY Board of commissioners abolished 291 Board of commissioners created 292 FULTON COUNTY Authority to issue bonds 294 FUNSTON Public school system 667 G GAY, TOWN OF Incorporated 669 GLENVILLE Public school system 673

Page 1031

GOVERNOR Authorized to borrow money 990 Authorized to contract in re cotton tax 990 Authorized to contract in re cotton tax 991 GRADY COUNTY Transferred to Albany circuit 67 GRADY COUNTY Description of corrected 295 Board of commissioners 296 GREENE COUNTY Board of commissioners created 297 Board of commissioners abolished 300 GRIFFIN Charter amended 680 GRIFFIN, CITY COURT OF Judge and solicitor, election of 193 GWINNETT COUNTY Terms of superior court 68 Road overseers, etc 301 Road commissioners 302 HABERSHAM COUNTY Sawdust in streams 303 HAMPTON Charter amended 682 HAPEVILLE Public schools 691 School law repealed 693

Page 1032

HARALSON SCHOOL DISTRICT Incorporated 282 HARALSON, TOWN OF Incorporated 694 HARRISON, TOWN OF New charter for 700 HAZLEHURST State depository in 52 HAZLEHURST, CITY OF Incorporated 713 HEARD COUNTY Board of commissioners 304 HILLSBORO Charter amended 718 HOLIDAY Notes, etc., maturing on, when payable 97 HOMERVILLE New charter for 723 HOMES For indigent old women 109 HULL, TOWN OF Charter amended 728

Page 1033

I IDEAL, TOWN OF Incorporated 731 INDUSTRIAL EDUCATION In re appropriation by Congress 994 INDEXES TO COUNTY RECORDS How provided 109 INSURANCE COMPANIES Investments by 56 INSURANCE CLERK Salary of 97 IRON CITY Sale of liquor 740 IRWIN COUNTY Superior court of 63 Road commissioners 306 County site 307 J JAILERS AND JAIL GUARDS Compensation of 115 JAKIN Corporate limits 741 JASPER COUNTY Terms of superior court 69

Page 1034

JENKINS COUNTY, COUNTY COURT OF Abolished 249 JOHNSON COUNTY Motor machines 308 JUSTICES OF THE PEACE Fees of 112 Fees of 116 K KENNESAW Charter amended 742 L LAGRANGE Authority to sell Tanyard street 744 LAURENS COUNTY Transferred to Oconee circuit 70 LAWRENCEVILLE Lights and water 744 LAWSON Delivery or receiving liquor prohibited 746 LEE COUNTY Board of commissioners abolished 309 Board of commissioners created 310 LIBERTY COUNTY Terms of superior court 70

Page 1035

LILLY, TOWN OF Incorporated 747 LINWOOD, TOWN OF Incorporated 753 LITHONIA SCHOOL DISTRICT Limits of 757 LITHONIA Charter amended 758 LOUISVILLE Public school system 760 LUMBER CITY Waterworks 762 LYONS State depositoy in 53 Charter of town repealed 764 City of incorporated 765 Public school system 780 M MACHINERY CITY, TOWN OF Incorporated 784 MACON COUNTY, COUNTY COURT OF Abolished 250 MACON Charter amended 786 Charter amended 789

Page 1036

MARIETTA Charter amended 791 MARION COUNTY Board of commissioners 313 MAXEYS, TOWN OF Incorporated 792 MAYSVILLE Public schools 800 McRAE, CITY COURT OF Judge's salary 196 MERIWETHER COUNTY Board of commissioners 314 MILLEN, CITY COURT OF Established 197 MILLEN Corporate limits 803 MILLEDGEVILLE Conveyances by confirmed 802 MILITIA Organization, etc 102 MITCHELL COUNTY Board of commissioners 315 License to sell liquor 316

Page 1037

MONROE COUNTY Board of commissioners 318 MONTICELLO Public schools 809 MONTICELLO, CITY COURT OF Fees of officers 211 MONTEZUMA Public schools 805 Charter amended 806 MORELAND Charter amended 813 MOUNT AIRY Charter amended 814 MOUNTAIN CITY, TOWN OF Incorporated 827 MULLIS Charter amended 833 N NARCOTIC DRUGS How dispensed 121 NASHVILLE, CITY COURT OF Jurisdiction 213

Page 1038

NELSON Charter amended 835 Public schools 837 NEWBORN School tax 840 NEWNAN Savannah, Spring and Madison streets 842 Recorder for 843 NEWNAN, CITY COURT OF Trials in criminal cases 214 NEWTON COUNTY, COUNTY COURT OF Abolished 250 NICHOLSON, TOWN OF Incorporated 845 NOMINATIONS Vote required in primary elections 98 NORMAN PARK Charter amended 849 NORRISTOWN, TOWN OF Incorporated 850 NOTES, ETC. Maturing on holiday, when payable 97 NURSES Board of examiners for 117

Page 1039

O OAKLAND CITY Sanitary tax 853 OCHLOCKNEE Charter amended 854 OCILLA Charter amended 854 Corporate limits 861 State depository in 54 County site 307 ODUM, TOWN OF Incorporated 863 OFFERMAN Charter amended 866 Charter amended 867 OGLETHORPE, CITY COURT OF Established 215 Corporate name 868 OHOOPEE, TOWN OF Incorporated 869 ORDINARY Pro hac vice 106 P PATTEN, TOWN OF Incorporated 878

Page 1040

PAULK, M. T. Relief of sureties for 1009 PELHAM, CITY COURT Salary of solicitor, etc. 228 PEMBROKE State depository in 54 PENITENTIARY Inspection, etc. 1012 PENSIONS How paid 107 PERISHABLE PRODUCTS Cars for transportation 84 PIKE COUNTY Board of commissioners 324 PINEVIEW Charter amended 880 PINEVIEW SCHOOL DISTRICT Charter repealed 350 PRETORIA, TOWN OF Incorporated 887 PRIMARY ELECTIONS Vote required to nominate 98

Page 1041

PROHIBITION Sale or manufacture of intoxicants prohibited 81 PUBLIC ROADS Commutation tax 99 PULASKI COUNTY, COUNTY COURT OF Fees of solicitor 251 Q QUITMAN COUNTY, COUNTY COURT OF Solicitor 252 R RAILROAD COMMISSION Membership and powers 72 RAILROADS Transportation of perishable products 84 Safety devices for 1010 RAILWAY CARMEN OF AMERICA Invitation to 1013 RICHMOND COUNTY, CITY COURT OF Election of officers, etc. 229 RICHMOND COUNTY Board of commissioners 324 Compulsory education 327 Board of education 329 Traffic in seed cotton 330

Page 1042

RIVERSIDE, TOWN OF Incorporated 894 ROADS, PUBLIC Commutation tax 99 ROME Charter amended 897 ROOPVILLE Corporate limits 905 ROSSVILLE Charter amended 906 ROSWELL Public school system 911 ROYSTON Delivering or receiving liquor prohibited 912 RUTLEDGE Public schools 913 S SANDERSVILLE, CITY COURT OF Salaries, etc 230 SANDERSVILLE Charter amended 914

Page 1043

SAVANNAH Grant to Citizens and Southern Bank 918 Streets and parks 918 SCHOOLS, DISTRICT OR COUNTY Local tax and trustees 100 SCREVEN COUNTY License to sell liquor 331 License to sell liquor 332 License to sell liquor 333 Sale of liquor 333 Sale of seed cotton 335 SCREVEN, TOWN OF Incorporated 919 SPALDING COUNTY Roads and bridges 336 SPARKS Charter amended 922 SPRINGFIELD, CITY OF Incorporated 923 STATE DEPOSITORY In Cochran 51 In Conyers 52 In Hazlehurst 52 In Lyons 53 In Ocilla 54 In Pembroke 54 STATESBORO, CITY COURT OF Juries, fines, etc 233

Page 1044

STATEHOUSE OFFICERS Examination of books 1011 STATHAM Delivery or receiving liquor prohibited 930 STEPHENS COUNTY Drainage 337 STENOGRAPHERS OF JUDICIAL CIRCUITS Compensation of 114 SUMMERVILLE Charter amended 932 Charter amended 935 SUNDAY Fishing on, prohibited 123 SWAINSBORO, CITY COURT OF Compensation of clerk and sheriff 236 SYLVESTER, CITY COURT OF Judge and solicitor, election of 237 T TALBOTTON Public school system 935 TAX General for the years 1908 and 1909 25 General for the years 1906 and 1907 amended 45 For payment of bonds 45

Page 1045

TAX RETURNS, MADE TO COMPTROLLER-GENERAL Arbitration of 96 TEMPLE Public school system 940 THOMASTON Charter amended 942 THOMASVILLE, CITY COURT OF Practice, etc 238 THOMSON Public school system 944 TIFT COUNTY Board of commissioners 339 License to sell liquor 342 TIFTON Charter amended 948 TIFTON, CITY COURT OF Salary of judge, etc 241 TIGNALL, TOWN OF Incorporated 950 TOM SCHOOL DISTRICT Incorporated 285

Page 1046

TOOMBS COUNTY Public roads 243 TREASURERS, COUNTY Compensation of 111 TRION Corporate limits 956 U UNION COUNTY Fishing law repealed 349 UNIVERSITY AND ITS BRANCHES Committee 1012 UNFINISHED BUSINESS Of Legislature 1014 Of Legislature 1016 W WARRENTON Public school system 962 WASHINGTON Charter amended 965 WAYCROSS Depot of Atlantic Coast Line 269 WESLEYAN FEMALE COLLEGE Title to grounds of 351

Page 1047

WILCOX COUNTY Terms of superior court 63 Pineview school district 350 WHIGHAM Charter amended 970 WHITESBURG Public school system 971 WHITE SULPHUR SPRINGS, TOWN OF Incorporated 974 WINDER Delivering or receiving liquor prohibited 978 WITNESSES Non-resident, compensation 58 WRIGHTSVILLE Recorder's court, etc 980 Public school system 982 WRIGHTSVILLE, CITY COURT OF Abolished 246

Page 1049

TREASURER'S REPORT.

Page 1050

EXHIBIT No. 1. R. E. Park, Treasurer, in Account with the State of Georgia, from January 1, 1906, to December 31, 1906, both inclusive. Dr. Cr. To balance in the Treasury, January 1, 1906 $ 1,015,463 81 By Academy for BlindBuilding $ 20,000 00 To Artists' Tax $ 1,656 00 By Academy for Blind 18,000 00 To Auctioneers' Tax 674 00 By Board of Health 10,329 69 To Automobile Tax 585 00 By Civil Establishment 157,432 53 To Ball and Bicycle Parks 110 07 By Binding Journals 550 00 To Building and Loan Associations 20 00 By College for Colored 8,000 01 To Bicycle Companies 765 00 By Confederate Roster Fund 2,067 60 To Billiard Tax 11,097 45 By Contingent Fund 16,609 33 To Cigarette Tax 8,534 40 By Contingent Fund Railroad Commission 800 00 To Costs on Fi. Fas 1 00 By Compiler of Records 2,550 00 To Corporation Tax 23,083 98 By Contingent Fund Supreme Court 1,523 88 To Dividends from Stocks 2,651 00 By Copying Records 893 23 To Detective Agencies 270 00 By Department of Agriculture 7,500 00 To Express Companies' Tax 11,135 85 By Deficit in Pensions 18,775 00 To Franchise Tax 2 60 By Disabled Soldiers' Pensions 156,320 00 To Fees from Inspection Fertilizers 30,000 00 By Farmers' Institute 2,500 00 To General Tax 2,278,659 53 By Fertilizers' Fund 10,366 66 To Hire of Convicts 340,011 22 By File Cases for Library 2,750 00 To Insolvent General Tax 7,537 57 By Georgia State Sanitarium 360,000 00 To Insolvent Poll Tax 3,415 98 By Georgia State Sanitarium Water Works 57,000 00 To Insurance Fees 22,589 60 By Georgia Experiment Station 700 94 To Insurance Agents 15,080 00 By Geological Fund 10,003 35 To Insurance Tax 129,339 54 By Georgia Normal and Industrial College 25,000 00 To Investment Companies 200 00 By Georgia Normal and Industrial CollegeBuilding 25,000 00 To Interest from Depositories 6,497 06 By Horticultural Fund. 11,119 70 To Lease of Oyster Lands 30 00 By Incidental Expenses General Assembly 96 25 To Lease of Indian Springs 200 00 By Indexing House and Senate Journals 150 00 To Liquor Tax 242,044 92 By Indigent Soldiers' Pensions 455,355 00 To Midway's Tax 315 00 By Inspection of Oils 1,291 40 To Money Refunded 183 73 By Insurance Public Buildings, etc. 813 10 To North Eastern Railroad 3,745 00 By Jamestown Exposition 5,000 00 To Office Fees 13,212 00 By Land Scrip Fund Interest 6,314 14 To Oil Fees 12,602 15 By Legislative Pay Roll 69,465 72 To Occupation Tax 31,024 95 By Library Fund 3,355 96 To Pawn Brokers' Tax 4,612 50 By Military Fund 36,000 00 To Peddler's Tax 4,192 62 By North Georgia College (Dahlonega) 16,500 00 To Pensions Refunded 478 88 By Normal SchoolHeating 13,255 39 To Pistol Tax 8,283 00 By Overpayment Taxes Refunded 13,897 16 To Poll Tax 274,880 74 By PensionsSpecial Act, 1905 60 00 To Railroad Tax 390,064 90 By Prison Fund 350,171 82 To Real Estate Agents 2,223 40 By Pharmacy Board 200 00 To Rental Western Atlantic Railroad 420,012 00 By Printing Fund 25,000 00 To Sale of Crops 16,639 71 By Printing Fund Geological Department 1,799 40 To Sale of Acts 607 20 By Printing Fund Railroad Commission 1,018 45 To Sale of Codes 1,011 32 By Public Buildings and Grounds 24,000 00 To Sale of Records 148 50 By Publishing Georgia Reports 4,866 84 To Sale of Reports 10,587 00 By Publishing Colonial Records 2,838 63 To Sewing Machine Companies 2,000 00 By Public Debt 420,418 75 To Sewing Machine Agents 3,479 00 By Reward Fund 3,237 50 To Sleeping Car Companies 1,641 09 By Reprinting Georgia Reports, old. 9,958 20 To Show Tax 9,850 90 By School for the Deaf 33,000 00 To Surplus from Sale of Wild Lands 518 47 By State Reformatory 13,000 00 To Trader's Tax 922 00 By School Warrants 1,735,800 93 To Tax on Agencies 585 00 By School of Technology 45,000 00 To Tax on Abstract Companies 45 00 By School of TechnologyBuilding 10,000 00 To Tax on Brewing Companies 2,050 00 By Soldiers' Home 17,500 00 To Tax on Bottling Companies 108 00 By Solicitors Generals' Fees 6,010 00 To Tax on Cash Registers 36 00 By Special Appropriations, Miscellaneous 21,686 80 To Tax on Coca-Cola Companies 1,440 00 By Special Appropriation to Pensioners 1,150 00 To Tax on Cold Storage 4,328 77 By State Normal School (Athens) 25,000 00 To Tax on Futures 45,000 00 By State Normal School (Athens)Building 15,000 00 To Tax on Games 1,149 40 By State University 30,500 00 To Tax on Loan Agents 441 00 By State University, Library 5,000 00 To Tax on Rinks 517 50 By Stationery General Assembly 587 97 To Tax on Slot Machines 875 25 By Tuberculosis Committee 637 19 To Tax on Specialists 189 00 By Summer School 5,000 00 To Tax on Tobacco Tags 180 00 By Temporary Loan 80,501 12 To Tax on Typewriter Agents or Dealers 252 00 By Widwos Pensions 147,900 00 To Tax on Telegraph Companies 5,721 32 By Widows' Pensions, Indigent 130,380 00 To Tax on Telephone Companies 11,140 23 Total Disbursements $ 4,714,509 64 To Temporary Loan 80,000 00 To Balance in the State Treasury, December 31, 1906 804,444 93 To Wild Land Tax 4 46 4,503,490 76 Total receipts $ 5,518,954 57 $ 5,518,954 57

Page 1053

SUPREME COURT OF GEORGIA. HON. WILLIAM H. FISH Chief 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 HON. HORAOE M. HOLDEN Associate Justice GEORGE W. STEVENS Reporter. JOHN M. GRAHAM Assistant Reporter. Z. D. HARRISON Clerk. W. E. TALLEY Deputy Clerk. JAMES W. VAUGHN Sheriff. COURT OF APPEALS. HON. B. H. HILL Chief Judge HON. R. B. RUSSELL Judge HON. A. G. POWELL Judge LOGAN BLECKLEY Clerk. W. E. TALLEY Deputy Clerk. P. W. DERRICK. Sheriff.

Page 1054

SUPERIOR COURT CALENDAR FOR 1908. 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. DeoaturSecond Mondays in May and November. DoughertyFirst Mondays in April and October. GradyFirst Mondays in March and September. MitchellThird Mondays in April and October. TurnerSecond Mondays in March and September. WorthFourth Mondays in April and October. ATLANTA CIRCUIT. HOH. JOHN T. PENDLETON, Atlanta, Judge; HON. WM. D. ELLIS, 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 April and October. LibertyThird 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 1055

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, Cartersville, Judge; SAM P. MADDOX, Dalton, Solicitor-General. BartowSecond Mondays in January and July. CatoosaFirst Mondays in February and August. DadeThird Mondays in March and September. GordonFourth Mondays in February and August. MurrayThird Monday in February and second Monday in August. WhitfieldFirst Monday in April and second Monday in October.

Page 1056

CORDELE CIRCUIT. HON. U. V. WHIPPLE, Cordele, Judge; WALTER F. GEORGE, Cordele, Solicitor-General. Ben HillFirst and second Mondays in April and October. CrispThird Mondays in May and November and continuing as business requires. DoolyFirst and Second Mondays in May and November. IrwinFirst and Second Mondays in March and September. WilcoxThird and Fourth Mondays in March and September. COWETA CIRCUIT. HON. R. W. FREEMAN, Newnan, Judge; J R. TERRELL, Greenville, Solicitor-General. CarrollFirst Mondays in April and October. CowetaFirst Mondays in March and September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February and August. TroupFirst Mondays in May and November. 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. HON. W. H. FELTON, JR., Macon, Judge; WM. BRUNSON, Macon, Solicitor-General. BibbFirst Monday in February, third Mondays in April and July and first Monday in November. CrawfordThird Monday in March and fourth Monday in October. HoustonFirst Mondays in April and October.

Page 1057

MIDDLE CIRCUIT. HON. B. T. RAWLINGS, Sandersville, Judge; ALFRED HERRINGTON, 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. TattnalFirst 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. JOSEPH N. WORLEY, Elberton, Judge; D. W. MEADOW, Danielsvile, 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 1058

OCMULGEE CIRCUIT. HON. H. G. LEWIS, Siloam, Judge; J. E. POTTLE, Milledgeville, Solicitor-General. BaldwinSecond Mondays in January and July. GreeneSecond Mondays in February and August. JasperThird Mondays in February and August. JonesThird Mondays in April and October. 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. DodgeFirst and Second Mondays in March and September. MontgomeryFirst and Second Mondays in May and November. LaurensFourth Mondays in January and July. 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 1059

SOUTHERN CIRCUIT. HON. R. G. MITCHELL, Thomasville, Judge; W. E. THOMAS, Valdosta, Solicitor-General. BerrienThird Mondays in March and September. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsTuesdays after Second Mondays in March and September. 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. SchelySecond 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, Decatur, 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.

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WESTERN CIRCUIT. HON. CHAS. 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 June, September and December. JacksonFirst Mondays in February and August. OconeeFourth Mondays in January and July. WaltonThird Mondays in February and August.